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BCC Minutes 04/01/1997 R REGULAR MEETING OF APRIL 1, 1997 OF THE BOARD OF COUNTY COHMISSIONERS LET IT BE REHEHBERED, 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 ALSO PRESENT: present: CHAIRMAN: VICE-CHAIRMAN: Timothy L. Hancock Barbara B. Berry Pamela S. Hac'kie John C. Norris Timothy J. Constantine Hike HcNees, Interim County Hanager David C. Weigel, County Attorney Item #3 AGENDA AND CONSENT AGENDA - APPROVED AND/OR ADOPTED WITH CHANGES CHAIRMAN HANCOCK: Good morning. I'm going to -- going to call to order the Tuesday, April 1st, 1997 meeting of the Board of County Commissioners. This morning for the invocation, it's a pleasure to have Reverend Peter Lyberg from Shepherd of the Glades Lutheran Church. Reverend Lyberg, if I could ask for your indulgence on the invocation and then ask everyone to please remain standing for the Pledge of Allegiance. REV. LYBERG: Oh, God Almighty and loving, we remember before your throne of grace our Board, Pam Hac'Kie, John Norris, Timothy Hancock, Timothy Constantine, Barbara Berry and our Acting Manager, HcNees. And we also remember our entire Collier County community, its -- all its residents and those who work within it and are a part of it. And we would ask, oh, God, that in the midst of the busyness and the crises and the needs that often come into each day in the midst of local and national and world issues, that you were to remind each one of us all of the precious gift of life, the joy of relationships as family, friends and fellow workers, remind us of the excitement of discovery, seeing the new and possible, the enriching and the renewing, remind us of the happiness of sharing what we are with others to meet common needs, the potential of serving, using skills, abilities, time and caring, and remind us of the gratitude of being, being what you would have us be to your glory and for the good of others. And so fill this day and this meeting with blessing, insight, guidance and concern for others. All this we ask in your holy name. Amen. (The Pledge of Allegiance was recited in unison.) CHAIRMAN HANCOCK: Reverend Lyberg, thank you. We appreciate you being here this morning. Good morning, Mr. HcNees. MR. HcNEES: Good morning, Mr. Chairman, commissioners. We have -- CHAIRMAN HANCOCK: What changes do we have to this brief agenda today? MR. HcNEES: We have but one brief change -- CHAIRMAN HANCOCK: Okay. MR. HcNEES: -- which is to continue one item from the consent agenda; that is, Item 16(A)(7) of facilities acceptance continued until April the 8th. That's your only change. CHAIRMAN HANCOCK: All right. Commissioner Hac'Kie, do you have any changes to the agenda? COHMISSIONER HAC'KIE: I do not. Thank you. CHAIRMAN HANCOCK: Commissioner Norris? COHMISSIONER NORRIS: No, sir. CHAIRMAN HANCOCK: Commissioner Berry? COHMISSIONER BERRY: None, sir. CHAIRMAN HANCOCK: I'll assume Commissioner Constantine does not. I do not. Do we have a motion on the agenda and consent agenda? COHMISSIONER NORRIS: Motion to approve with changes as noted. COMMISSIONER MAC'KIE: Second. CHAIRMAN HANCOCK: Motion and second. Any discussion? All those in favor, signify by saying aye. Opposed? (No response) CHAIRMAN HANCOCK: Seeing none, motion carries four zero. Item #4 MINUTES OF THE REGULAR MEETING OF MARCH 11, 1997 - APPROVED AS PRESENTED COHMISSIONER NORRIS: Mr. Chairman, I'll make a motion that we approve the minutes of March llth, 1997 for the regular meeting. COHMISSIONER BERRY: Second it. CHAIRMAN HANCOCK: by saying aye. Opposed? (No response) CHAIRMAN HANCOCK: Motion and second. All those in favor, signify Seeing none, motion carries four zero. Item #5A1 PROCLAMATION PROCLAIMING MARCH 30 - APRIL 5, 1997 AS MASTER GARDENER APPRECIATION WEEK - ADOPTED On to proclamations. Proclamation 5(A). Commissioner Berry. COHMISSIONER BERRY: Yes, Mr. Chairman. This morning it's my pleasure to give some awards out to some of our Master Gardener volunteers. If Mr. Lindabury would come forward, please, Miss Eisenbud, Naida, and Earl Garrett? Come up here and turn around and face the camera. Is Miss Otto here, Mr. Peterson? No? UNIDENTIFIED SPEAKER: No. COHMISSIONER BERRY: Okay. At this time, the proclamation reads: WHEREAS, Master Gardener volunteers are an integral part of Collier County Government; and WHEREAS, the Collier County Master Gardener program offers opportunities for citizens who wish to volunteer in a variety of different ways; including plant clinics, garden workshops, recycling garden demonstrations, authoring articles for the newspaper's garden pages; and WHEREAS, Master Gardener volunteerism results in the resolution of over 3,000 problems for citizens of the community; and WHEREAS, last year Master Gardener volunteers contributed in excess of 1,800 hours of service in the plant clinic alone, or the equivalent of one full-time employee; and WHEREAS, last year Master Gardener volunteers contributed over $21,000 in services to Collier County Government; and WHEREAS, our community has as one of its major attributes the lushness of its horticulture; and WHEREAS, without volunteer services of Master Gardeners, the quality of our community would be greatly reduced. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida that extreme gratitude and appreciation is extended to all the Master Gardener volunteers who give of their time and energies to Collier County Government. We, the Board of Collier County Commissioners, do affirm our commitment to the Master Gardener program and value our partnership with the University of Florida in bringing these special opportunities to our residents and visitors, and therefore proclaim March 30th through April 5th as Master Gardener Appreciation Week. DONE AND ORDERED THIS 1st day of April, 1997, Board of County Commissioners, Collier County, Florida, Timothy L. Hancock, Chairman. I want to thank these individuals and I believe they're -- Mr. Lindabury, I saw you last Thursday out at the extension office and got to see the work that you're doing out there and I don't know if the rest of these individuals are involved with that or not but that was certainly impressive. CHAIRMAN HANCOCK: Commissioner Berry, would you like to move the proclamation. COMHISSIONER BERRY: I would like to move this proclamation, Mr. Chairman. COMHISSIONER CONSTANTINE: Second. COMHISSIONER NORRIS: Second. CHAIRMAN HANCOCK: Motion and second. All those in favor, signify by saying aye. Congratulations. (Applause) COMHISSIONER BERRY: Congratulations. Thank you so much. Thank you. He's got your certificate. Thank you very much. CHAIRMAN HANCOCK: And the dollar weed in my yard hates each of you. If you folks have problems and call them out there, they're terrific. I had a dollar weed problem. I was out there and asked them about it and the next thing you know, I don't have any dollar weeds. COMMISSIONER MAC'KIE: Let's talk after the meeting. CHAIRMAN HANCOCK: Okay. Can you say Atrozene? Item #5A2 PROCLAMATION PROCLAIMING APRIL AS CONSERVANCY VOLUNTEER MONTH IN COLLIER COUNTY - ADOPTED Okay. 5(A)(2), we have a proclamation, Commissioner Mac'Kie, regarding the Conservancy Volunteer Month. COHMISSIONER HAC'KIE: Yes. I'm honored to get to read the proclamation for Conservancy Volunteer Month. And I know that David Guggenheim is here to accept it and I also see a lot of people in matching shirts and I think it would be wonderful if you all came up and -- and stood in front of the cameras so that we can read the proclamation to you. CHAIRMAN HANCOCK: I have to ask. Is it bowling night? COHMISSIONER HAC'KIE: Come on, come on. CHAIRMAN HANCOCK: Please come on up and if you'll -- COHMISSIONER HAC'KIE: He's the boss, but you're the volunteers and it is volunteer -- volunteers we're honoring, so I'll start reading as you come forward. WHEREAS, the Conservancy of Southwest Florida is the region's leading nonprofit environmental organization; and WHEREAS, the Conservancy has helped protect nearly 300,000 acres of environmentally sensitive land in its 33-year history as an advocate for the environment; and WHEREAS, more than 5,500 members support the Conservancy of Southwest Florida; and WHEREAS, the Conservancy now includes an Environmental Protection Division, the Briggs and Naples Nature Centers, the Wild Life Rehabilitation Center, the Nature Discovery Center Museum, an Environmental Educational Division, a Nature Store and the Upscale Resale Shoppe; and WHEREAS, the Conservancy's work in environmental protection includes working with the Florida Department of Environmental Protection to assist in the acquisition of environmentally sensitive lands in South Florida; and WHEREAS, the Conservancy's Sea Turtle Rescue Project, now entering its 15th year, has helped protect more than 80,000 hatchlings from natural and man-made hazards; and WHEREAS, the Conservancy's Wildlife Rehabilitation Center, a special hospital for native injured wildlife, treats more than 1,500 injured wild animals each year; and WHEREAS, the Conservancy has educated thousands of adults and children about Southwest Florida's environment; and WHEREAS, volunteers assist in the daily functioning of all these areas as docents, information desk volunteers, store sales personnel, wildlife caregivers, special events volunteers, dock masters, boat captains, volunteer mailers, office helpers and grounds maintenance; and WHEREAS, local business professionals, including veterinarians, medical staff and business leaders also donate their time and services; and WHEREAS, more than 640 individuals volunteered their time and expertise to the Conservancy of Southwest Florida in 1996; and WHEREAS, more than 43,391 hours were donated by said volunteers during that time period. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida that the month of April, 1997 be designated as Conservancy Volunteer Month. DONE AND ORDERED THIS 1st day of April, 1997, Board of County Commissioners, Collier County, Florida. I move we accept this proclamation. COMHISSIONER CONSTANTINE: Second. COMHISSIONER BERRY: Second. CHAIRMAN HANCOCK: Motion and a second. All those in favor, signify by saying aye. Thank you. (Applause) CHAIRMAN HANCOCK: Congratulations. (Applause) COMMISSIONER CONSTANTINE: It's interesting to note the building industry did their poll on a number of different issues -- COMHISSIONER MAC'KIE: Oh, absolutely. COMMISSIONER CONSTANTINE: -- last year and -- and out of all the groups they polled, what the public's thought was on everything ranging from local government to volunteer groups, the Conservancy by and far was number one. I think it was 85 percent of the people had a favorable rating of the Conservancy and what you folks do. COMHISSIONER MAC'KIE: It's wonderful. CHAIRMAN HANCOCK: Got to get that 15 percent, Mr. Guggenheim. MR. GUGGENHEIM: Well, we're working on it. COMMISSIONER CONSTANTINE: What are they thinking? MR. GUGGENHEIM: We'll get there. I just wanted to, first of all, express my thanks, also recognize the color teal. I think the color teal is significant. It is our life blood, the color of our life blood at the Conservancy because it simply would be impossible for us to do what we do without this incredible show of volunteerism. And I think it's fitting that this month in my home town of Philadelphia that we'll see the President's summit on -- for America's future which -- which emphasizes the importance of volunteerism as an important agent of social change in this country. And on behalf of the Conservancy, on behalf of the quality of life in this community, and on behalf of this very special environment, I'd like to thank the County Commissioners and I'd like to thank our wonderful Conservancy volunteers. Thank you very much. (Applause) CHAIRMAN HANCOCK: My in-laws are in town so we'll see you at the Nature Center this week. Item #5B SERVICE AWARDS - PRESENTED Under Service Awards, it's my pleasure this morning to present two service awards for lengthy and outstanding service. The first is for 20 years in agriculture to Jan Bennett. There she is. Hi, Jan. (Applause) CHAIRMAN HANCOCK: Jan also does a lot of terrific work with the 4-H. We appreciate that. And also this morning for a mere 15 years in Road and Bridge, Mr. Ervin Collins. Ervin. (Applause) CHAIRMAN HANCOCK: Halfway there. MR. COLLINS: Thanks. CHAIRMAN HANCOCK: Congratulations and thank you. Item #SA1 RESOLUTION 97-193, PURSUANT TO SECTION 2.7.3.4 OF THE LAND DEVELOPHENT CODE AFFECTING ORDINANCE 91-86, KNOWN AS VICTORIA FALLS PUD, EXTENDING THE CURRENT PUD APPROVAL TO APRIL 1, 1999 - ADOPTED We are now to Item 8(A) under Community Development and Environmental Services. We have a staff review and recommendations relative to Ordinance 91-86, Victoria Falls PUD. Good morning, Mr. Reischl. MR. REISCHL: Good morning, Mr. Chairman and commissioners. This is a report regarding the Victoria Falls sunsetting provisions of the LDC. The -- this PUD was amended in 1991 from a density of six units per acre to its current three units per acre. It's a PUD that fronts on Barefoot Williams Road. It's south of U.S. 41. The -- CHAIRMAN HANCOCK: Mr. Reischl -- MR. REISCHL: Yes. CHAIRMAN HANCOCK: -- I'm -- probably pretty easy on this one to do a cut to the chase. It's three units an acre. All the uses are consistent with current codes. MR. REISCHL: Correct. CHAIRMAN HANCOCK: And you're recommending an extension? MR. REISCHL: A two-year extension. CHAIRMAN HANCOCK: Two-year extension. Any questions of Mr. Reischl on this one? COHMISSIONER BERRY: I move approval. COMMISSIONER MAC'KIE: Second. CHAIRMAN HANCOCK: We have no public speakers? MR. McNEES: No. CHAIRMAN HANCOCK: Okay. Then we have a motion and a second. Is there any discussion? All those in favor, signify by saying aye. Opposed? (No response) Item #8A2 RESOLUTION 97-194, PURSUANT TO SECTION 2.7.3.4 OF THE LAND DEVELOPHENT CODE AFFECTING ORDINANCE 91-95 KNOWN AS RADIO SQUARE PUD, EXTENDING THE CURRENT PUD APPROVAL TO APRIL 1, 1999 - ADOPTED CHAIRMAN HANCOCK: Seeing none, we're on to Item 8(A)(2). Mr. Reischl, I assume you're back on the plate. MR. REISCHL: Back up for Radio Square PUD, which is an industrial PUD, which is consistent with the Growth Management Plan because it is an expansion of industrial to the west. It's a 9.4 acre PUD. It has recently undergone or had approved a preliminary subdivision plat by the Planning Commission. The only inconsistency with the Land Development Code that staff found was that there are -- even though it's an industrial PUD, there are many commercial and business park uses; therefore, in the resolution, we recommended a two-year extension with the agreement that the petitioner adhere to the architectural standards in the LDC. CHAIRMAN HANCOCK: And you know I like that. That was actually a good catch on staff's part because it could be termed industrial in some manner, but it fronts on Radio Road, and the idea of those standards were to -- to really dress up the appearance on public roadways. MR. REISCHL: And there are residential to the east also. CHAIRMAN HANCOCK: It also brings up a problem that we do have industrial zoning that fronts roadways that those standards may not apply to. and we might want to look at that in the next amendment cycle. Are there any questions for Mr. Reischl? Do we have any speakers on this? MR. HcNEES: No speakers. CHAIRMAN HANCOCK: We do not. Is there a motion? COHMISSIONER NORRIS: Motion to approve. COHMISSIONER HAC'KIE: Second. CHAIRMAN HANCOCK: Motion and second. Any discussion? All those in favor, signify by saying aye. Opposed? (No response) Item #8A3 RESOLUTION 97-195, RE THE HOCAKE PUD REQUIRING A PUD AMENDHENT WITHIN SIX MONTHS AND THAT USES BE ELIMINATED THAT ARE NOT COHMERCIALLY VIABLE - ADOPTED CHAIRMAN HANCOCK: Seeing none, Item 8(A)(3), staff review and recommendations relative to Ordinance 92-4, The Hocake PUD. The first step should be changing the name of this. MR. NINO: Ron Nino for the record. The Hocake PUD was adopted on January the 14th of 1992. That makes it five years old; however, also that date indicates that it -- its format is of a contemporary nature. The PUD was deemed to be consistent with all applicable provisions of the Land Development Code. Staff is cognizant of the Board's -- the Board's concern over density that is allowed at motels and hotels of 26 units per acre. We would simply add the concern -- not the concern, but add that while this PUD permits 26 units per acre in conjunction with hotels and motels, it does provide specifically for the maximum floor area, unlike other PUD's that may be silent in that regard and -- and those that are silent in that regard, of course, the 26 assumes a much higher potential, but at 550 square feet, I think you would agree that, for all practical purposes, that's your conventional Holiday Inn and Comfort Inn efficiency unit. Therefore, we suggest that 26 units per acre in that context is not as significant as it could otherwise be. CHAIRMAN HANCOCK: Questions of Mr. Nino? These -- I -- I talked to Mr. Nino this morning about this. These PUD's and there's a -- I would say a half dozen or so of similar configuration that I don't necessarily have a problem with the uses. It's the mix of uses, the amount that's in there. I just have a little heartburn because it doesn't -- you know, today if -- if somebody walked in the door and said we want to do this for these uses, we would make them restrict certain uses to certain tracts that are more or less appropriate. Mr. Nino, the warehousing, is that restricted to any of the rear tracts? MR. NINO: It's -- it is restricted to the rear tracts. CHAIRMAN HANCOCK: Okay. I don't know if there's enough here to require them to amend, but again, there are a lot of these with the hotels and motels in them and, if any of the other -- if any of you else have concerns about it or specific items to address, you know, you're welcome to do so. I -- I couldn't find anything other than just limiting the uses and being more specific in what the development pattern should be. Beyond that, I don't have anything else. COHMISSIONER BERRY: Mr. Chairman, I have a question in regard to this because I've noticed we've done several up in this particular area which is up not far from where I am but -- and I'm familiar with the area. What happens if each one of these, as we have looked at them, have certain things that are acceptable? I mean most of them are pretty standard as to what's acceptable. What if all of them would develop separately, which that's a possibility, correct? CHAIRMAN HANCOCK: I believe your area of the woods would then be called motel city, because they all have everything from -- COHHISSIONER BERRY: That's my point. CHAIRMAN HANCOCK: -- warehousing to motels. COHMISSIONER HAC'KIE: Right. CHAIRMAN HANCOCK: I don't -- I don't think the market's going to let that happen, because you're not going to be able to support four hotels or motels at that intersection. Of course, we've probably said that about 951 and 75 at some point. But I don't think the market is going to let that happen but I -- I just -- Mr. Nino, maybe it would be appropriate to ask you this question. If they walked in today with this PUD, would you suggest, as the Board has looked at, limiting the uses to certain parcels that are more or less appropriate, or do you think it's covered adequately in the structure of the PUD as it is? I think -- MR. NINO: I think that the -- we would probably limit the uses to those C -- those uses that are C-3 uses or recommend that they be limited to C3 uses, and I'm only speaking for myself. Personally, I find that -- that the warehousing activity, if I were to be concerned, as a professional planner, with any activity, it would be the warehousing activity. In my opinion, warehousing was not an appropriate extension to be allowed at the three-way interchanges. That was a specific amendment to the Growth Management Plan, however. CHAIRMAN HANCOCK: Okay. I -- I agree with -- MR. NINO: I think a retail -- a retail service identity is a -- is -- is the appropriate identity for major activity centers at -- at three-way interchanges. CHAIRMAN HANCOCK: I would -- MR. NINO: But -- CHAIRMAN HANCOCK: -- agree. I think there's some uses in here that we would want to attach additional development standards to due to the nature. One of them I looked at is -- is gas station and car repair. I look at this and probably its most marketable development is a fuel station up front, possibly handling truck service -- COHMISSIONER HAC'KIE: Right. CHAIRMAN HANCOCK: -- and then a hotel-motel behind, which when you start putting hotels and motels behind gas stations, you don't generally get -- you know, Hilton is not going to locate there. So that just the scenario that could develop here, I'm not comfortable with. I'd like to see a more specific land-use plan approach on this. And I'd like to recommend that it come back as an amendment with a more -- a more specific targeted land plan. Commissioner Constantine. COHMISSIONER CONSTANTINE: I agree with you. I have a question for Mr. Weigel. MR. WEIGEL: Yes, sir. COHMISSIONER CONSTANTINE: In your opinion, what's our legal ability to tinker not only with some of the suggestions Commissioner Hancock has just made, but perhaps alter that or -- or remove that warehouse use all together? MR. WEIGEL: Well, I -- I believe Miss Student may want to step in also, but I believe that you can today recommend that, if you wish, that it be amended there on the public record and I believe there is a representative here on behalf of -- of the PUD. They can be informed by you of the kind of change that you may be looking toward to bring it more into conformity with the -- the current Comp Plan, and if they don't bring it back in the time frame that you provide for them, then you may go forward and alter the PUD through the process that we would normally have in the six month or one year or two-year period that you would suggest. MS. STUDENT: I'm Marjorie Student, Assistant County Attorney, for the record. From a legal perspective, it's better if staff can work with the property owner or their representatives to work this out. We're on a little more solid legal ground that way, in my opinion. CHAIRMAN HANCOCK: Does the Board desire we have a representative of the -- the -- I believe the trustee or the property owner here? MR. WEIGEL: We may. CHAIRMAN HANCOCK: Now, we -- is it the Board's desire to hear from him now? COMMISSIONER CONSTANTINE: Sure. CHAIRMAN HANCOCK: Okay. Good morning, Mr. Cardillo. MR. CARDILLO: Thank you very much for allowing me to address you in an impromptu manner. I do rep -- I am a representative of The Mocake PUD. CHAIRMAN HANCOCK: Excuse me, John. We need your name for the record, please. MR. CARDILLO: My name is John Cardillo, and I am a representative of The Mocake PUD, and I would just like to urge the Board not to pass potential restrictive -- potential uses on those things that have already been PUD'd, but that is, to make them retroactive to those that have already been PUD'd, that if it wanted to do that, it would -- it should be to those that will become PUD'd with the possible proposed restrictive uses. I think that perhaps The Mocake, if it wanted to go into a warehousing format, which was contemplated at the time of the PUD, it should be allowed to do that. But if you have one that's coming down in the future, they ought to be told, you can't do that because we're going to be changing that. COMHISSIONER MAC'KIE: How -- how would we know -- CHAIRMAN HANCOCK: Excuse me, Commissioner Mac'Kie. COHHISSIONER HAC'KIE: I'm sorry. CHAIRMAN HANCOCK: Commissioner Constantine. COHMISSIONER CONSTANTINE: Mr. Cardillo, what's the current level of activity on the PUD? MR. CARDILLO: There's a -- there's a lot of foot traffic out there right now. That's the only -- that's the only activity that I can tell you right now. We have been looking at certain areas of activity, other than allowing the Sheriff to go through to find the people in the back by the lake. COHMISSIONER HAC'KIE: Oh, it's that one. CHAIRMAN HANCOCK: Commissioner Hac'Kie. COHMISSIONER HAC'KIE: I just didn't understand your reference to uses that have been PUD'd or not PUD'd. I didn't know what you meant by that. MR. CARDILLO: Well, what I -- basically, it's like retroactivity or nunc pro tunc, in our jargon. We -- our thinking was that if, at the time that we PUD'd, that there was contemplated or there was allowed possible other uses, that those should still be allowed for those items that have been PUD'd, but for future ones that will go through the PUD process, those restrictions, those potential restrictions, could then apply. CHAIRMAN HANCOCK: The -- the problem that I have with that is that one of the reasons the sunset provision was put in place is what may have been contemplated years ago may not be appropriate today, and for properties that sit idle, it's an opportunity to -- to balance those uses with what may have developed in the immediate area to be more compatible. This is what I call a shotgun PUD. You just throw everything in there because you're really not sure at one point what you're going to use the property for. That is great for the property owner, but not so great for the surrounding properties because they have no idea what they're going to get. As PUDs come in, at least it's been my experience on this Board, that we try to be a little more specific in the land-use plan so that we can mitigate the impacts of those uses on the adjacent properties. To get some comfort there, Mr. Nino, what is the Brentwood PUD, the nature of that PUD and its current status? MR. NINO: There is no development at this interchange. There's the Brentwood and the Crestwood. CHAIRMAN HANCOCK: Are they both -- MR. NINO: All are contiguous to one another, and they're all in -- about the same in their format and in the types of uses that are permitted there. CHAIRMAN HANCOCK: Okay. Has the Brentwood and the Crestwood come in for -- under sunset provisions to date? MR. NINO: I -- I don't -- I don't know. COMMISSIONER CONSTANTINE: That was -- one of them -- MR. CARDILLO: Mr. Chairman, may I ask? Is the Brentwood adjacent to -- CHAIRMAN HANCOCK: Yes. MR. CARDILLO: -- ours? COMMISSIONER MAC'KIE: Yes. MR. CARDILLO: Is that the -- okay. COMMISSIONER MAC'KIE: To the east. MR. CARDILLO: Correct. All right. MR. NINO: They -- they all -- they all have been in and you have requested amendments, apparently. CHAIRMAN HANCOCK: Okay. And I -- that's -- that's what I recalled. Both PUDs on either side, we've asked the same thing of. Whether it is eliminating uses or not, we want to be specific as to where those uses can -- or at least I want to be specific as to where those uses can be located on the property so we're not creating a compatibility problem. Right now, we don't have that assurance the way the PUD is structured. So, I know it's an amendment process, I know it's -- it's -- it -- it can be costly if it gets too detailed, but I think I'm -- I, for one, am looking for just a more specific land-use plan and if there are uses in there that -- that you believe are not practical or reasonable uses for the property, that would be the time to take them out to avoid any, you know, any splitting of hairs over -- over this use or that use. MR. CARDILLO: Well, we -- certainly we can work in good faith with the -- Mrs. Student or with Mr. Nino's office, Mr. Weigel's office also, as to what realistically could not go there that we could take out, but those things that realistically could go in there, whether the Brentwood necessarily likes them or not, I think that we should be still allowed to pursue those if they were contemplated at the time we did our PUD. CHAIRMAN HANCOCK: Commissioner Norris. COHHISSIONER NORRIS: Mr. Chairman, picking up on what Mr. Nino said earlier, if you limited it to C-3 uses, that type of use, then certainly the new car dealership would not be appropriate in that area. Though the warehousing, I agree with you that that doesn't seem to be something that would be compatible right there on the interchange, to start building warehouses, so, really, there's just a couple of uses there that perhaps the -- the property owner can just, instead of going through an entire PUD amendment process, if they would be willing to -- to perhaps write a letter stating that they will delete these uses, that perhaps that will suffice. I don't know. Here comes Hiss Student. Probably that -- CHAIRMAN HANCOCK: Hiss Student is going to tell you it can't be done that way. It has to go through -- MS. STUDENT: For the record, we have a land code provision -- CHAIRMAN HANCOCK: She's going to tell you anyway. MS. STUDENT: -- that states that any textural changes to a PUD has to go through the amendment process, and the removal of certain uses would have to go through that process. COHMISSIONER HAC'KIE: Way too practical an idea, John. COHMISSIONER NORRIS: Okay. CHAIRMAN HANCOCK: Commissioner Mac'Kie. COHMISSIONER HAC'KIE: I -- if -- if -- is this public hearing or is a motion appropriate? CHAIRMAN HANCOCK: Commissioner Constantine has a comment. If you want to make a motion, I think it's -- it's -- COHMISSIONER HAC'KIE: Well, my motion is that within -- that we request an amendment. We'll require that this PUD be amended. I would like to do it the same way as on Crestwood and Brentwood. So, do you know, Fred, did we do six months on those, within six months, so that -- so my motion is that we require an amendment to this PUD within the next six months, specifically to create a more finite land plan and encourage the developer or the property owner to eliminate uses that aren't commercially viable. COHMISSIONER CONSTANTINE: I'm going to second that and -- and as -- similar to what you said, I think our -- the whole purpose of doing the sunset process is to correct speculative PUDs that may no longer be consistent with development in Collier County. What was approved in 1992 may or may not be appropriate today. And I'd agree with you all. I'll just leave it at that. I'll second the motion. CHAIRMAN HANCOCK: Okay. Mr. Cardillo, is that -- is there any questions on -- MR. CARDILLO: Well, I understand it. CHAIRMAN HANCOCK: Okay. Do we have any other speakers, Mr. HcNees? MR. HcNEES: No, sir. CHAIRMAN HANCOCK: Seeing none, I'll -- COHMISSIONER BERRY: Mr. Chairman -- CHAIRMAN HANCOCK: I'm sorry. Commissioner Berry. COHMISSIONER BERRY: No. I just have a question. We were talking about warehousing, right? CHAIRMAN HANCOCK: Correct. COHMISSIONER BERRY: That we weren't real excited about warehousing, but it states here warehousing cannot be constructed on land near Immokalee Road. So, what -- how does that fit in here? CHAIRMAN HANCOCK: That refers to, I believe, Tract 1 which is adjacent to the access road on Immokalee. The intent of that in the PUD, as I read it, was that meant warehousing was to occur behind the wetland preserve area. They've got a significant wetland on site. Is that -- Mr. Nine is affirming that's -- that's correct, so that means warehousing would have been moved to the rear. My point is, just throwing warehousing in there, if you're just going to do that, I have a problem with it. However, if you're going to do additional mitigative landscaping, then you're -- there are some uses that are okay if you make some mitigative steps. And that's the whole idea of opening this back up, is to get our staff to work with you on -- on making sure those things occur. MR. CARDILLO: Okay. Thank you. CHAIRMAN HANCOCK: Is that -- is that complete? COMHISSIONER BERRY: Uh-huh. CHAIRMAN HANCOCK: Okay. We have a motion and a second. All those in favor, signify by saying aye. Opposed? (No response) CHAIRMAN HANCOCK: Seeing none. Thank you, Mr. Cardille. MR. CARDILLO: Thank you. CHAIRMAN HANCOCK: Thank you, Mr. Nine. Item #8A4 PROPOSAL BY THE FLORIDA GAME AND FRESH WATER FISH COHMISSION TO POST SHOREBIRD PROTECTION AREAS NEAR TIGERTAIL PARK - PROPOSALL SUPPORTED AND TO BE ADMINISTRATIVELY APPROVED REGARDING SIGNAGE Item 8(A)(4), County support of the proposal by the Florida Game and Fresh Water Fish Commission to post shorebird protection areas near Tigertail Park. Good morning, Mr. Lorenz. MR. LORENZ: Good morning, Mr. Chairman and fellow commissioners. This -- this item, the purpose of this item is to bring back to the Board a revised version of the Game and Fish Commission's proposal to post certain areas on the sandbar that's kind of loosely known as Sand Dollar Island along Tigertail Beach. Back on February llth, the Board requested the staff work with the Game and Fresh Water Fish Commission to revise the original area to try to exclude the overwash areas, to limit the posting in the summer months, and to develop criteria to define why certain areas are posted. This -- this map here is the same map that's in your agenda package. As you can see, the revised plan -- the original plan showed this whole area as being posted. The revised plan now breaks that area up into three separate areas. The northern portion of this part and the southern portion of this part are basically areas that have been established, the criteria for nesting habitat. The center area, the criteria for posting that, and that is in an area that is inundated tidally, is for resting and feeding for the birds during the summer and also during the fall as well. CHAIRMAN HANCOCK: Mr. Lorenz, would you -- when you post an upland area, it's a stick in the ground with a rope. When you post an area that's intermittently submerged or -- or intermittently inundated with water, how is the posting different so we can avoid somebody -- you know, it -- the tide comes in, how much is sticking above the water? I mean I just -- MR. LORENZ: Well, this -- this -- I would assume -- Hark Robson is here from the Game Commission -- CHAIRMAN HANCOCK: Okay. MR. LORENZ: -- so he can ask you any -- any -- answer any specific detail questions but -- CHAIRMAN HANCOCK: I can just see a lawsuit pending -- MR. LORENZ: From -- from a standpoint of having a sign, I think it can be raised up high enough. We're -- we're only talking about two or three feet of water, perhaps, in high tide at this particular point. The -- as I said, these -- this middle area now is broken up and has pedestrian pass-throughs that -- that people will be able to, if they walk from Tigertail -- and to get your bearings, this is where Tigertail Beach is. This is the -- the boardwalk. If people walk up through this area, and they want to then cross over to the Gulf, they can walk through these intertidal flats and able to -- to get through the pass-through areas. The -- the north and south areas will be posted for the summer. There -- there is one condition where the middle area will be reevaluated in December. CHAIRMAN HANCOCK: But it all has to be reevaluated on an annual basis anyway. MR. LORENZ: Annually, the -- the Game Commission, about this time frame, February time frame, will come to the Board to seek a Board concurrence and support of a new posting plan. This area continually to -- changes. It's very dynamic and, therefore, to -- to find out where the exact habitat is for the next posting season, they'll continue coming back to the Board for that support. CHAIRMAN HANCOCK: Do we have any questions of Mr. Lorenz? This covers one of the concerns I had, because the original posting -- people who are either not respective or not fam -- respectful or not familiar with the area, impatiently may traverse it. This gives them an opportunity to get to where most people are going when they walk out there anyway while protecting priority habitats, so I'm -- I'm pleased with that. COMHISSIONER NORRIS: I think we ought to -- to acknowledge the -- the help and -- and the cooperation of the Game and Fish Commission on this, because we've been working with them for the last several years on this particular property. It's unfortunate that -- that such an environmentally important area happens to also be right on the -- the county's largest and most -- most frequented public beach, which causes some conflict, but thanks to the efforts of the Game and Fish, we've been able to work out these compromises such as this, that -- that help us take care of our natural resources and our -- our wildlife while we protect the interests of the beach going public, so that we do owe a -- at least an acknowledgement of thanks to the Game and Fish Commission for working with us on this. CHAIRMAN HANCOCK: Agreed. I understand we have speakers. When someone from Game and Fish is at the podium, if they would address the signage of the area that would be under water at high tide and how that may differ, just -- for some reason, I -- I -- I think that could be problematic, but Mr. McNees, if you go ahead and -- COMHISSIONER CONSTANTINE: Just as we go ahead with the speakers, I get the sense the Board is in favor of this and, hopefully, no one -- CHAIRMAN HANCOCK: Yeah. COMHISSIONER CONSTANTINE: -- will feel the need to talk us out of that along the way. COMHISSIONER MAC'KIE: Just -- just in the interest of -- of saying positions, I think this is a wonderful idea. I just hope also that the Board is generally in support of the Conservancy's idea. You know, they volunteered these additional signs. We all got letters saying -- because, frankly, if I'm there, I'm willing to walk around it, but I'm also ignorant and don't know that I might be disturbing something, you know, so a sign by the Conservancy and -- and the other -- Audubon and Wildlife saying we encourage you to walk around, I think, is also a good idea. COMHISSIONER NORRIS: Well, I think it's a good idea, too, however, we do need to have some discussion on the verbiage on the signs. COMHISSIONER MAC'KIE: Okay. CHAIRMAN HANCOCK: Okay. I'm sure we have someone from the Conservancy here to speak. Mr. McNees, let's go ahead and call the speakers. MR. McNEES: The first speaker is Chris Straton to be followed by Nancy Payton. COMHISSIONER NORRIS: Straton, Payton complex here? MS. STRATON: It's a little song and dance number. For the record, Chris Straton. I'm here representing Collier County Audubon Society and I want to thank you in advance for what I think is going to be your actions. We appreciate it. I did want to also let you know I had a tough day Easter Sunday at the beach, and if you have any particular questions about Tigertail Beach, I'd be glad to share them with you, so thank you very much. MR. McNEES: Nancy Payton followed by David Guggenheim. CHAIRMAN HANCOCK: Just another happy customer. MS. PAYTON: And another. Nancy Payton, Florida Wildlife Federation. Thank you very much. We're very comfortable with what's being proposed today. I do want to comment on the sign that was -- proposed sign that you did receive in your letter from the Conservancy and I think that, yes, that Mr. Guggenheim is going to be addressing that because we also had some concern about the -- the language in it, but I think that we have something that will be acceptable to everybody and will be very good, educational, and benefits everyone. CHAIRMAN HANCOCK: You've already discussed that with Mr. Guggenheim without filing court action. MS. PAYTON: I've never done that. CHAIRMAN HANCOCK: Okay. I'm just -- I'm just kidding. MS. PAYTON: Yes, indeed. CHAIRMAN HANCOCK: Okay. Good. MS. PAYTON: We all walked away smiling. CHAIRMAN HANCOCK: Good. MS. PAYTON: Thank you. MR. McNEES: Mr. Guggenheim. Your last registered speaker is Sue Noble. MR. GUGGENHEIM: Good morning again. David Guggenheim, president, CEO of the Conservancy of Southwest Florida. Another happy customer. I just wanted to add my feeling of -- of being pleased with what appears to be the right decision on this. I think, to address the sign issue, I -- I think we can probably all agree that our best ally in this process is a well-educated public that understands what's going on out there. We, with our partners, Collier County Audubon, and Florida Wildlife Federation, we have come up with some ideas for signs, some of -- copies of which you -- you have. We are talking about two sets of signs: One would be in -- purely interpretive in nature, probably near Tigertail Beach itself; the second would be sands actually out on the island. There are two modifications to the sample sign that you have there. One, in further review with Game and Fish staff, we realized it's more important to discourage people to -- I should say to encourage people to take the Gulf side when they're walking as opposed to discouraging them from walking through the -- the cut- throughs. So, that would be one change to that verbiage. The other change would simply to be -- include more interpretive language, more information out there, so once somebody's out there, they understand the importance to that area. And I -- I would like to also acknowledge the Chairman's statement about reviewing any verbiage we would -- as soon as that's available, we'll be happy to -- to make that available to -- to the commissioners for review. Again, thank you very much. COMMISSIONER NORRIS: I have a question. CHAIRMAN HANCOCK: Commissioner Norris. COMMISSIONER NORRIS: Or a comment. Mr. Guggenheim, I want to thank you for volunteering to put up these signs. I think it's -- it's important, as you say, to help educate the public. The one thing that I think to -- to gather the support from me and, I suspect, from a majority of the Commission, this -- this proposed sign that you have handed out to us mentions a critical wildlife area. The critical -- there is no critical wildlife area there and if you want my support, I -- I want to see sign verbiage that does not reference a critical wildlife area. MR. GUGGENHEIM: I think we can achieve that. COMMISSIONER NORRIS: Okay. CHAIRMAN HANCOCK: Probably -- COMMISSIONER NORRIS: The other question -- CHAIRMAN HANCOCK: -- replace it with something in the area of -- of nesting and, you know, a more appropriate term for the -- something like that, is that -- would that be acceptable? COMMISSIONER NORRIS: That would be fine, yes. That -- that would be nice if you could do that. Mr. Lorenz, what is the -- this seems to be a little bit out of the ordinary where we're -- we're, I guess, being asked to -- are we being asked to actually approve or just to support the Conservancy's request to put up these signs? The procedure seems a little odd to me. MR. LORENZ: I haven't seen the letter with -- with the signs. I know there was some discussion about that. I would imagine that -- that if there's a placement of a sign on -- on the County's park, on the County's property, then the County would have to give permission through the appropriate channels for the -- the sign. MR. GUGGENHEIM: Now, we -- MR. LORENZ: I'm not sure where the -- MR. GUGGENHEIM: We have actually -- MR. LORENZ: -- the sign installation is going to be. MR. GUGGENHEIM: We have actually received permits from the State for -- for the posting of those signs already. COMMISSIONER NORRIS: I think that -- that answers the question. I understand on tying it -- MR. GUGGENHEIM: And we -- COMMISSIONER NORRIS: -- to a park, it -- that it would be our approval -- MR. GUGGENHEIM: Okay. COMMISSIONER NORRIS: -- but if you get out past the mean high water line, then it's a different story. MR. GUGGENHEIM: Correct. CHAIRMAN HANCOCK: Just so I understand, Mr. Guggenheim, the -- the -- the signs that you're planning on posting around the -- the areas which have the changes we've talked about or will have those, that's one thing. Are you also talking about an informational kiosk on the shore or you'd mentioned a second sign or a -- MR. GUGGENHEIM: That's still -- CHAIRMAN HANCOCK: Okay. MR. GUGGENHEIM: That idea is still being developed. CHAIRMAN HANCOCK: Okay. MR. GUGGENHEIM: Ideally, it would be something of that nature with -- with brochures and -- and the like, but that's an idea that's still being developed. CHAIRMAN HANCOCK: I -- I think that's -- and I appreciate your offer on that because that's a nice way to educate people before they get out there -- MR. GUGGENHEIM: Back -- CHAIRMAN HANCOCK: -- so they know what they're looking at, so, yeah, again, thank you to you and the Conservancy for that. Do we want to, with -- with what has been stated here, give administrative authority of Mr. HcNees to approve these signs or do you want to see them back as a consent agenda item? What -- what's the Board's desire on that? COHMISSIONER HAC'KIE: I'd say they just go through the normal process of sign approval as long as we have on the record already this business that critical wildlife area will not be included in the language. CHAIRMAN HANCOCK: Okay. COHMISSIONER HAC'KIE: It works for me. CHAIRMAN HANCOCK: I think -- yeah. I think administratively they can be approved with -- COHMISSIONER NORRIS: And I think Mr. Guggenheim, for the record, is indicating that -- that that's acceptable. CHAIRMAN HANCOCK: Okay. COHMISSIONER NORRIS: And if you would like, Mr. Guggenheim, I have a -- excuse me -- for you a copy of the -- the certificate dated December 15th, 1987. You'll notice that it -- it says very distinctly that the critical -- that the posting was to be allowed for this year's bird nesting season period, and also below, there's another reference to geographically the -- the boundaries would be a small sandy island and Big Marco Pass. So, for your reference, that was the original certificate from the Board of Trustees of the Internal Improvement Trust Fund. MR. GUGGENHEIH: Very good. Thank you. MR. HcNEES: Your final speaker is Sue Noble. CHAIRMAN HANCOCK: Thank you, Mr. Guggenheim. MS. NOBLE: Good morning. I'm Sue Noble and I just want to thank the Board very, very much for their support of this because those birds really need protection, and congratulations. Good decision. CHAIRMAN HANCOCK: Thank you. And is that the last of the speakers, Mr. HcNees? Okay. Do we have a -- a -- well, this is just County support. I guess it would be appropriate to take a motion on this. COHMISSIONER HAC'KIE: I move approval of staff's recommendation for the posting and also with the -- the Conservancy-Audubon-Wildlife sign with the modification that it not include the critical wildlife area, that phrase. COHMISSIONER NORRIS: Second. CHAIRMAN HANCOCK: Would the motion maker include a -- a review of the -- the type of signage in the area that is to be inundated by water -- what I'm afraid is if you put a three-foot sign in there, you get a high tide, the sign is under water or -- I just want to make sure that people can see it, no one gets hurt by that. I mean -- COHMISSIONER NORRIS: Mr. Robson is here. Maybe you can just ask him that question -- CHAIRMAN HANCOCK: Okay. COHMISSIONER NORRIS: -- while he's here. CHAIRMAN HANCOCK: Since in the past, we've only posted upland areas, I -- I just want to make sure we don't open up a new can of worms. MR. ROBSON: Thank you. And it's a pretty astute observation -- THE COURT REPORTER: Sir -- sir, you need to identify yourself. MR. ROBSON: I'm sorry. My name is Mark Robson, I'm a wildlife biologist with the Florida Game and Fresh Water Fish Commission. In fact, since about 1988, when we began posting this area, we have on occasion posted some of these intertidal mud flats. This particular area that we're talking about posting actually is only inundated, at the most, probably about a foot. In many places, it's only a few inches. It's a -- more of a transitional area. So we can still use the same wooden posts that we use and they're -- they're about five to -- five feet or so above the normal water line. They're usually quite visible. CHAIRMAN HANCOCK: Use -- if I -- the last time I was there, there was a -- a yellow rope or line between -- MR. ROBSON: Unfortunately -- CHAIRMAN HANCOCK: -- those? MR. ROBSON: -- if we could get away without doing that, we would just put the signs up and -- and everything would be great, but what we find is that when we just put signs up, people walk right up to them or walk right by them and right on through the area. That small physical barrier of the string and flagging seems to do the trick and -- CHAIRMAN HANCOCK: Okay. If -- and -- MR. ROBSON: -- that's why we use it. CHAIRMAN HANCOCK: That's what I was going to ask is, particularly the one in the water, if you'd please make sure you flag that with surveyor's tape or something so that -- because, again, if it's in an area that people may be bathing in, for whatever reason, I -- I just see an opportunity for problems. MR. ROBSON: Right. CHAIRMAN HANCOCK: Okay. MR. ROBSON: We're -- we're -- we're obviously very concerned about that very issue. We always have been and we try to -- try to make sure that it's very visible or if it's not a safety hazard -- CHAIRMAN HANCOCK: Okay. MR. ROBSON: -- as well as a hazard to the bird life out there. CHAIRMAN HANCOCK: Well, that would be important, too, wouldn't it? Okay. Thank you very much. HR. ROBSON: Thank you. CHAIRMAN HANCOCK: Okay. We have a motion and a second. No need for -- I'll withdraw the request for amendment. Is there any discussion? All those in favor, signify by saying aye. Opposed? (No response) CHAIRMAN HANCOCK: Motion carries five zero. Item #8A5 RECOHMENDATION TO WAIVE THE SECURITY FOR EXCAVATION PERMIT NO. 59.244, "FLORIDA SPORTS PARK LAKE", LOCATED IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26E - APPROVED Item 8(A)(5), recommendation to waive security for Excavation Permit Number 59.244. This was from last week. It was continued. Miss Passidomo is here. I'll -- and then before Stan starts, I'll lead off by saying that my question was -- was answered in the affirmative that what happened is the quality fill material was removed and the not so quality stuff was left. This is really to remove rock which is not very profitable and if they're lucky and they sell it all, they -- they may break even. Is that a fair assessment, Mr. Chrzanowski? MR. CHRZANOWSKI: Yes, sir. COHMISSIONER NORRIS: Motion to approve. COMMISSIONER MAC'KIE: Second. CHAIRMAN HANCOCK: Is there any further discussion on the item? All those in favor, signify by saying eye. Opposed? (No response) CHAIRMAN HANCOCK: Thank you for your work, Stan. And, Miss Passidomo, thank you. Item #SB1 REPORT TO THE BOARD ON THE STATUS OF THE COUNTY-WIDE SIGNAL SYSTEH CONTRACT AND ON-GOING PROBLEMS AND RESEARCH FOR TRAFFIC MANAGEMENT IMPROVEMENTS WITHIN COLLIER COUNTY - REPORT PRESENTED We're to Item 8(B)(1), report to the Board on status of County-Wide Signal System Contract and ongoing problems. MR. KANT: For the record, if I may have a moment, please, and that's projects, not problems. We don't have any problems. CHAIRMAN HANCOCK: Okay. COHMISSIONER HAC'KIE: Projects, projects. Okay. All happy customers today. CHAIRMAN HANCOCK: I just read what you write. COHMISSIONER HAC'KIE: It actually says programs. Mr. Kant is such a computer nerd. He's got this all fancied up for us, which I, of course, think it's wonderful. I love this stuff. CHAIRMAN HANCOCK: Remember when computer nerd was a bad term? COHMISSIONER HAC'KIE: Yeah. Sorry. It's a compliment now. MR. KANT: Thank you so much. Good morning. Thank you. The -- CHAIRMAN HANCOCK: I'm sorry. You -- you need -- MR. KANT: For the record, I'm Edward Kant with the Transportation Services Department and that was a misprint in the agenda. It should have said ongoing programs and not ongoing problems. What we -- what I've done is I just want to take a couple minutes and talk to you a little bit about a program which you instituted last fall in your role as the HPO. The objectives of this discussion are going to be, first of all, to give you an update and a report on the County-Wide Signal System project, which is now underway, and also to give you just a little bit of background information on other ongoing traffic management programs which we have in effect in the county. Iwve given you a set of handouts of these slides for reference. Therews not, hopefully, going to be anything really technical in -- in this discussion. The signal system, which was the project that was done in cooperation with FDOT -- actually we advance funded the $275,000 fee for the study, which FDOT then moved ahead in their work program and will be bringing forward the rest of the program on line as it -- as the -- the -- the study is complete. The first task in that is the project management data collection. That involves interagency coordination reports, meetings, project records, files, that type of thing. The -- the control section and intersection requirements have to do with turning movements, traffic counts, approach counts, warrant analyses, all of the technical stuff. You might have noticed up until about a week ago that there were some folks out there with vests at the intersections doing counts. We even had one sitting on top of a controller. We got right of that one in a hurry. They knocked off last week because of the Easter vacation because we didnwt want to contaminate the data by having what might be an otherwise unusual spike in the traffic, so they -- they will be back out this week finishing off. CHAIRMAN HANCOCK: Excuse me, Mr. Kant. So that -- MR. KANT: Yes. CHAIRMAN HANCOCK: -- their counts were during peak season. MR. KANT: Thatws correct. CHAIRMAN HANCOCK: Thank you. MR. KANT: The counts, that was one of the -- one of the things we wanted to do was to make sure this project got underway so that all of the data collection would be done peak season. You recognize, of course, that we can do data collection any time of the year and then relate it to peak season. We have 12 years, good 12 years worth of records, but because of the perception that if you donwt do it in peak season, it canwt possibly be any good, We try to do most of the critical data collection in the peak season. The next item in the -- in the -- in the contract is the communications analysis, which is to look at what -- I lost my place -- which signals should be connected in subloops. WeTre looking at several different types of technologies here. WeTre looking at systems operations. WeTre going to look at -- what we mean by the control center, We may be looking at a centralized control center. We may want to look at something in connection with the City of Naples, keeping in mind that because this was a study which was advanced by the MPO -- excuse me -- that both the City of Naples and Collier County are included in this study. Theyill go through an alternative analysis and then they will look at Intelligent Transportation Systems functions. Iwll talk in a minute about Intelligent Transportation Systems. That is a -- a catch phrase that you will be hearing more and more of. Itws not nearly as high tech in some respects as it may sound. We will then be looking for a final report and a presentation to this Board or to the MPO. We havenlt quite decided yet whether it would be more appropriate to do it at the MPO meeting or at the Board meeting, mainly because the MPO is made up of you ladies and gentlemen and only two of the City representatives, so we may do one for the City and one for this Board as opposed to doing it for the MPO. And, finally, they will be doing, as part of their work effort, what we call in technology, briefings. We havenwt set the schedule yet, but we think there will be at least two of these sessions, be workshop sessions. They will be coming in to tell us what stuff is out there. What -- what is this stuff, whatws -- what are those black boxes, what do they do, and, more importantly, how can we look at how this is applicable to Collier County because not all of it is applicable to Collier County. Wewre not as urban as some other areas and in some respects wewre a lot more rural and suburban than other counties of similar size and nature in Florida, especially in South Florida. Wewre also going to possibly have one or two site visits. That is really being set up for staff. We want to take a look at Charlotte County. We want to take a look at Lee County. Charlotte County has a traffic control center and Lee County has just upgraded their traffic control center, and we need to see what theywre doing just to see the state of the art, as it were. This is a time line, a rough time line. We are roughly right about in here, somewhere between month number one and number two. As I said, we -- wewre just finishing up the data collection phase now. In addition, I think Iwd like to bring up a few other issues before I leave the idea of the Intelligent Transportation System and talk a little bit about how those concepts might be appropriate. When we talk about Intelligent Transportation Systems, wewre talking about roadway sensing devices, vehicle mounted transponders, video imaging, monitoring traffic in real time as opposed to going out, taking counts, analyzing the data and then coming back and -- and doing something with it. Wewre talking about changeable message boards. A lot of ITS concepts that are in use today are more in use on freeway and expressway sections; however, because our 2010 and 2020 plans do look at potential freeway sections for some of our roadways, we need to be aware of what that technology is because we do have to move the traffic in our limited roadway corridors. Also, Iwll give you a very brief summary of -- of some of our ongoing signalization projects. Wewll talk a little bit about improvements. Wewve got some ideas for intersection improvements that will increase traffic efficiency without costing money as -- as we -- we spend millions of dollars on lane miles. And I also want to finish up with a few caveats on all of these -- these ideas. When we talk about what will Intelligent Transportation Systems do for us, if we use the technology appropriately, obviously wewll improve our traffic flow. We will also improve the safety management of our roadways. I personally and professionally have a problem with the term killer roadway, especially as itws applied to South Florida, mainly because the -- the problems that we see when we do an analysis of the over 5,000 accident reports we get in our office every year, that -- that the overwhelming majority of these problems are due to driver error and to equipment failure. We will obviously improve emergency response times. Wewre looking at a number of different emergency response systems for preemption and for regulating the traffic flow to give the emergency traffic the right of way. Improved large vehicle management. We have an awful lot of truck traffic because of the construction that we have around the county and we need to be able to handle that particular segment of the traffic a little bit better than we're doing now. Just yesterday, for example, we had a large tile truck lost its load up in front of the Wendy's across from Sam's Club. It was not pleasant and it rained and it got slick. We will be able to use this technology, we hope, to improve travel information, to be able to literally tell travelers in their cars where they need to go. That's not a play on words. We -- we do in fact need to help because we get so many out of town, out of state, seasonal-type travelers and, frankly, we don't do a real good job of routing some of that through traffic around the congested areas. Let's talk a little bit about our signal systems here in the county. We have 150 existing signal system locations, roughly. We have about a hundred in the unincorporated part of the county and about 50 within the City of Naples itself. We're adding approximately 12 new signals a year, roughly one a month, some months two. Some of the signals we're doing in conjunction with FDOT. We've just received the request, for example, from FDOT to assist in signalizing the 1-75, Immokalee Road ramps. We -- we -- we did Pine Ridge Road and 951 about a year and a half ago and it has really, really made a difference in traffic. CHAIRMAN HANCOCK: You meant Pine Ridge and 75. MR. KANT: I'm sorry. Pine Ridge and 75 and 951 and 75. Thank you, Commissioner. I -- coincidentally, I was coming northbound on 1-75, came off the ramp at Immokalee Road last Thursday or last Friday and, interestingly enough, I didn't time it when I got there, but after a couple of minutes, I looked at the -- at the car clock and a few minutes later, I looked again and just in the portion I had timed, it took me four and a half minutes to get through that intersection. And that is -- is really unacceptable. And that wasn't a fast -- a bad time of day. One of the things that we're also doing with our signal system programs is we're looking to integrate signal systems with other traffic control strategies; for example, intersection improvements, the addition of dedicated right-turn lanes in what we call slip lanes for continuous right turns. We already have in place -- again, I think several members of this commission were on the commission at the time we -- we incorporated our access management program into the Land Development Code back in 1992. We found that we've gotten excellent cooperation from the development community because they recognize that they have to be able to get in and out of their developments in a -- in an orderly fashion in order to make them marketable. We also are looking at interconnections. We have several interconnected subsystems now, but not nearly enough to -- to get a fully efficient traffic system. We're looking at some intersection improvements, as I said earlier, additional turn lanes. We're looking at improving or renewing pavement markings. We have a -- an interesting phenomenon down here because of the rain. Sometimes even with -- with the -- with the old -- especially with the older pavement markings, they tend to disappear and we do have to renew them somewhat more often than we would if we didn't have our peculiar weather patterns. And also we're looking at renewed and auxiliary signing. If you'll notice, we started some auxiliary signing, for example, on Goodlette Road North. Just south of Pine Ridge Road, we're adding some signs to help people realize that if they're in a particular lane and they want to make a left or go through, they -- they -- they should either stay in that lane or move to a different lane. CHAI~ HANCOCK: I'm glad you brought that up, Mr. Kant -- MR. KANT: Yes, sir. CHAIRMAN HANCOCK: -- because one of them didn't make sense to me. It was the one that showed the intersection conditions at Goodlette-Frank and Pine Ridge if you're traveling north on Goodlette-Frank, which is in the two-lane section. It showed the four-lane intersection condition and it was so far back -- MR. KANT: Yeah. I -- CHAI~ HANCOCK: -- that I don't think people -- MR. KANT: I'm aware what you're -- you're -- CHAI~ HANCOCK: Okay. MR. KANT: -- talking about. We have to add to and we also have to add an "ahead" plate on the -- an advisory plate similar to what we did right on Pine Ridge Road east of U.S. 41 on that 41 approach. CHAIRMAN HANCOCK: You may want to show how those two lanes become that intersection on that sign. I think it would -- MR. KANT: We're -- CHAIRMAN HANCOCK: -- help you. MR. KANT: We're also looking at -- at taking that curb back and putting a dedicated right-turn lane in consistent with the North Gate Village right-turn lane, but that's right now just in the design and planning stage, and we're not sure whether we're going to be able to get to it before this rainy season, but I would like very much to try to get to it before next tourist season at least. I -- I think it would be incumbent upon us as -- as staff professionals also to -- to give you a few cautionary points and -- and one of them is when we talk about measures of effectiveness. What we're talking about are incremental improvements. We're not talking about pressing a button and having things change in leaps and bounds. We're talking about small changes at intersections. We're talking about small changes along corridors. We're talking about the use of congestion management strategies that involve not only individual intersection improvements and the geometric constraints that we have out there; for example, the City's raw water line on the south side of the Golden Gate Parkway crossing of the Airport Road canal, which pretty much keeps us from putting a dedicated right-turn lane in there, at least today. We are examining that though. That's one of those intersections that we're looking at. And you already have on board a -- a congestion management system consultant through your contract as -- in your role as the HPO. Let me give you an example of what I mean by incremental. Right now, if we were to take a trip along Airport Road, say, from here to Sam's Club, it could take anywhere from 20 to 25 minutes. By adding some of this smart technology, we might be able to reduce this trip for, oh, 18 to 21 minutes, so ten, 15, perhaps even a 20 percent improvement. But when we do that at critical intersections, and we're talking about maybe a dozen to 15 places around the county, the whole system seems to work better. People get a more pleasant journey to wherever they're going to go. And I might add that we want to try to do the best we can on not only our north-south routes but our east-west routes considering that, as I stand here talking to you, in approximately 60 days, work on the new Gordon River bridges will begin. But fortunately between -- CHAIRMAN HANCOCK: You mean the old Gordon River bridges. COHMISSIONER HAC'KIE: That's the new one. MR. KANT: Yes, sir, on both the new and the old Gordon River bridges. MR. KANT: What we're talking about -- COHMISSIONER HAC'KIE: Improved old. MR. KANT: -- overall for a program is five, probably about five or more major phases over the next ten to 15 years. We're not going to see something happen in the next six months. What we will see is the culmination of this report that I started out talking to you about, and we may also break that down into additional phases or subphases then, then as we go through the budgeting and capital improvement process, we'll be bringing various facets of this overall program back to you for your review and your approval. Frankly, the total cost -- projects costs for any type of system like this is significant. We're looking at probably five to $10,000,000 over the life of the project. It's not -- it's not a quick fix. However, the good news is that there is other potential funding out there; ISTEA-II, sometimes called NEXTEA, FDOT safety funds for some of these intersection improvements, and we've already started dialogue with FDOT about that and, of course, some other forms of local funding, whether they be -- well, I leave that to your better judgment. Growth management impacts. Frankly, we have limited existing capacity on a number of our roadway corridors. We -- we only have one major new corridor that we're going to begin and that will be the Livingston Road corridor. We will be adding about four segments over the next five to seven years. And we have to look at what we're going to spend versus what we're going to save. Obviously, the first thing we think of in -- in putting these systems together is increased safety, fewer congestion-related crashes. If anybody goes home by way of Airport Road, you know that it seems that it -- some days it's a shooting gallery out there with the rear-enders. It's -- it's unbelievable. We will obviously try to reduce travel times, reduce fuel consumption and reduce air pollutants because we do want to try to maintain the quality of life that we've all come down here for. So, in summary, I'd like to tell you that the signal system project is up and running, that the staff is continuing to work on its other traffic management tasks. We are not coming to you -- that's another piece of good news -- asking for any immediate additional funding. The next steps at this point are that we are continuing to do some key intersection geometric analysis. We're going to probably come back with a number of mini projects, similar to like the auxiliary turn lane at Goodlette that I mentioned, and we're going to continue to work on a city-county-state partnership in putting this whole program together, mainly because we think that -- that all those who benefit should also be included in -- in looking at the funding and the programming. That's all I have on that, but I'll be glad to answer any questions you might have. CHAIRMAN HANCOCK: Mr. Kant, I assume at the end of this report, we will have a list of priority projects with associated costs, more of a Chinese menu, because even though the cost may be five to ten million over the life, I think we all understand that there are roadways that are in far -- in far greater need of improvement and, hopefully, our future designs with the access management guidelines will reduce the need for these types of costs in signal systems in the future. But I -- are we going to get more or less a Chinese menu to choose from and make priorities from? MR. KANT: I might point out that what I have here is a copy of the report that was done for Charlotte County. And this report has got everything -- everything that you mentioned and then some, including recommendations for a traffic control center, recommendations for those projects which could be considered critical versus the nice to have type of thing. And what we will have to do, as staff, is sort through some of that and make our recommendations. We will give you the entire menu because, obviously, there may be things in there that -- that you have on your agenda that we need to know about and then we will follow through with your direction. CHAIRMAN HANCOCK: You'll certainly point out on those venue those things that you may disagree with? MR. KANT: Yes, sir. CHAIRMAN HANCOCK: Okay. MR. KANT: We are working fairly closely with the consultant. That's Kimley, Horn Associates. They're a national firm. They've done a lot of this type of thing. I made it quite clear to the consultant, when we had our first meeting, that we didn't want to have stuff just pulled out of the hat. We were looking at what makes Collier County Collier County. And, so, we're assured that what we're going to get is going to be applicable to Collier County. CHAIRMAN HANCOCK: Okay. Questions for Hr. Kant? Seeing none, Mr. Kant, thank you very much. Mr. McNees -- MR. KANT: Thank you very much. CHAIRMAN HANCOCK: -- do we have any speakers on this one? HR. HcNEES: You have one registered, Gil Erlichman. COMMISSIONER MAC'KIE: If he can get his toys out of your way, right, Gil? MR. ERLICHMAN: Well, it's in my way. Can I speak over here? CHAIRMAN HANCOCK: Sure. Do it over there, you could type a letter at the same time. COHHISSIONER HAC'KIE: E-Hail your -- MR. ERLICHHAN: Good morning, Commissioners. Glad to see everyone's in a good mood and is -- has a good -- CHAIRMAN HANCOCK: You're not going to change that, are you, Gil? MR. ERLICHHAN: -- good humor. Pardon? CHAIRMAN HANCOCK: You aren't going to change that, are you? MR. ERLICHHAN: No. CHAIRMAN HANCOCK: Oh, okay. MR. ERLICHHAN: No. I don't -- I won't tell any jokes. My name's Gil Erlichman. I reside in East Naples. I'm a registered voter and taxpayer in Collier County. Good morning. My attention was drawn to this agenda item just about a day ago when I was called up and -- and told about the executive summary. And what hit me first was the five hun -- five million and $10,000,000 cost of -- of these updating or upgrading or, you might, computerizing of these traffic signals. Well, what I want to offer the commissioners is my observations after driving around Collier County since 1988, April 1988. This -- this month marks my nine -- nine year anniversary -- CHAIRMAN HANCOCK: Happy anniversary. MR. ERLICHHAN: -- being here in Collier County, and I live here all year round and I do a lot of driving. Host of my driving takes me on Airport Road, Davis Road -- Davis Boulevard, which I -- which I do not drive now, and the East Trail. I stay off the North Trail as much as I can and use Goodlette-Frank Road. Okay. Airport Road, you're talking about improving the situation on travel time from 20 -- what was it -- oh, let me get my -- okay -- from 20 minutes to 18 minutes, 17 to 18 minutes. Well, first of all, right now on Airport Road between Longboat Drive and North Horseshoe, there are three -- three traffic signals within a quarter of a mile, three traffic signals. Now, I don't know -- I don't think it takes a rocket scientist to observe these three traffic signals, especially when they're not -- they're not in order. In other words, two of them can be red, one can be green. Usually the one in the middle is green and the one on each end is red, so if you're stopped at the one that's red on each end, either coming north or south, by the time you might get to the middle one, that might be red. So, it could take you two stops to get through those three signals. Now, it doesn't -- as I said, it doesn't take a rocket scientist for somebody to get out there and to coordinate the signals, that's all it takes, and then at nighttime have these signals on a flasher system, which they are right now. It took -- I think it took three years for somebody to think of that because up until about three years ago, it was stop and go at midnight, two o'clock in the morning. The same thing could be said about any of these other intersections in Collier County where you do not have a lot of traffic during the night hours and early morning hours. Put them on flasher. Don't have the car stopped there dead at -- at two o'clock in the morning, waiting for no cars to -- to cross the intersection and then wait for another -- for the green signal. Also, this gives a chance for somebody to come up to your car, bash your window and hit you over the head and -- and do something to you. So, when I drive around here at night, I don't leave my car doors unlocked anymore. I lock them just as if I were driving up north. The other -- the other area that I want to talk about is Davis Boulevard with this construction. Whoever thought of that idea of having one lane of traffic, say eastbound, stopped, north -- westbound stopped, southbound stopped and the northbound green and then just go around a circle like that is crazy because I could stop at that light during the daytime, during -- during business hours for anywhere from three to five minutes before I could get through the intersection on Davis Road between -- Davis Boulevard between Airport and King's Lake Boulevard. Bayshore. Bayshore and East Trail, that's another place where you can get stuck during the hours between nine o'clock -- nine or ten o'clock in the morning and about two in the afternoon. You can get stuck there going east or west. Thank you. CHAIRMAN HANCOCK: Thank you, Gil. And everyone's taking notes on the roadways to stay off of based on Gil's remarks. Mr. Kant, the -- the report we're receiving basically takes an overview of all of these signals countywide, so -- so these types of discrepancies -- Gil doesn't need to come every week and tell us which ones are broken? MR. KANT: That's correct. CHAIRMAN HANCOCK: The report will do it? MR. KANT: Part of the work product is an inventory of each of the controllers that we have. Part of the final recommendations are going to be, as I said earlier, which system should be looped, which system should be interconnected. For the record, I -- I -- and you may already realize this, but we do flash the signals from -- depending on the traffic volume, starting anywhere around nine o'clock at night to 11 or so until six -- five or six in the morning. The only ones we do not flash are like Pine Ridge and Goodlette or Pine -- Goodlette and the Parkway, Airport and the Parkway, those major intersections. We recognize that it's not easy and -- and it's -- it's a situation which is dynamic in, for example, the intersections that Mr. Erlichman mentioned up the street here, those are time based coordination as opposed to hard wire interconnect. One of the products that we're going to get from this study are recommendations for the timing on hard wire interconnects. Part of the dollar figure that I mentioned will involve the cost of putting those hard wire interconnects in the ground. What we started to do several years ago with our capital projects program was to include the conduit, where it was feasible, so that somewhere down the road we would be able to just pull the cable as opposed to having to dig it up to put conduit in. So, we've -- we've got a jump on that. We're not everywhere. Some is going to be retrofit. But as we realized that -- that we're coming around to a -- a much more demanding traffic situation, we've tried to cope with it. CHAIRMAN HANCOCK: Thank you, Mr. Kant. MR. KANT: Thank you very much. Item #882 RESOLUTION 97-196, AUTHORIZING THE COUNTY MANAGER TO ENTER INTO A LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR LANDSCAPING AND IRRIGATION LOCATED ON A PORTION OF STATE HIGHWAY 84 (DAVIS BOULEVARD) - ADOPTED CHAIRMAN HANCOCK: We are to Item 8(B)(2), a -- and Commissioner Norris has a question -- resolution regarding the FDOT and landscaping and irrigation plans for Davis Boulevard. We have Mr. Gonzalez here. Commissioner Norris, did you have a question first? COHMISSIONER NORRIS: I do for Mr. Gonzalez. Mr. Gonzalez, this is just the next step in our continuation of the Board's direction from last year, actually, is it not? MR. GONZALEZ: Yes, sir. Adolfo Gonzalez, Capital Projects Director. But you are getting one step closer to obligating yourselves to find a dedicated funding source which you'll need to provide to the Florida DOT by around September of this year. COHMISSIONER NORRIS: But that was always anticipated. MR. GONZALEZ: Yes. COHMISSIONER NORRIS: That's correct. CHAIRMAN HANCOCK: Mr. Gonzalez, just as a note, in your staff report, you used four words that -- that should never be in a staff report; represent a tax increase. The -- the -- we all understand that increased maintenance costs additional dollars, but you scare people when you use words like that, so I appreciate your incentive but I -- I think we can avoid a tax increase and still find these dollars. MR. GONZALEZ: I think what we were trying to emphasize is that that's one possible location for funding this. Over the course of the last five to ten years, you have funded various landscape projects out of about ten or 12 different capital or maintenance funds ranging from HSTD's to HSTU's to impact fee districts to general ad valorem. And, as I said, this resolution, the intent is to tell the State, yes, when you give us that grant application for the capital, we're going to tell you how we're going to fund $56,000 worth of maintenance ongoing. CHAIRMAN HANCOCK: I understand the intent but -- but, you know, we'll -- we'll get 12 speakers when you put those words in there, so -- MR. GONZALEZ: We would like to give you, as part of this year's budget cycle, a comprehensive suggestion as to how to fund these maintenance projects. You're going to get a lot more requests in the coming years, more so than you've received in the past, and I think it's time possibly that you consider a -- a holistic approach to capital and maintenance funding of landscape projects and that's what we intend to do this year. CHAIRMAN HANCOCK: You may want to review the record when a countywide ad valorem tax was proposed in the last year. There wasn't a lot of support for it, so you may want to review that record in putting that together to give you some clues as to individual commissioners and what their concerns were at that time. COHMISSIONER HAC'KIE: I just agree with what Commissioner Norris said; this is just continuing an important step, so I'd just move approval of the -- COHMISSIONER CONSTANTINE: Second. COHMISSIONER HAC'KIE: -- resolution. CHAIRMAN HANCOCK: Motion and a second. Do we have any speakers, Mr. HcNees? MR. HcNEES: You have two. Dave Carpenter and George Botner. CHAIRMAN HANCOCK: Would either of you like to talk us out of this? No? Okay. Both have waived -- Dave has already left. COHMISSIONER HAC'KIE: No, he's here. CHAIRMAN HANCOCK: Oh, there he is. Oh, okay, Dave. You're hiding behind George. Okay. Motion and a second. Any discussion? All those in favor, signify by saying aye. Unanimous. Item -- (Applause) Item #883 STATUS REPORT ON ODOR CONTROL AT THE SOUTH COUNTY REGIONAL WATER TREATMENT PLANT (SCRWTP) - DISCUSSED CHAIRMAN HANCOCK: The East Naples contingency applauded Item 8(B) -- 8(B)(3), status report on odor control at South County Regional Wastewater Treatment Plant. Commissioner Mac'Kie, this is a request you made of Mr. McNees, I believe. COMHISSIONER MAC'KIE: Uh-huh, it is and I -- my -- my motivation here is to -- is the same as everybody's, I think, and that is to get those scrubbers installed as expeditiously as possible. We -- I -- you know, I think we're all a little surprised that there have been so many delays. My -- I'm not happy with January 1998 as a complete date and I doubt anybody else is either. And, so, my question is if we were to declare an emergency, and I think we could, based on all of the -- the delays that we've had in -- that were described to us a couple weeks ago, how much time had we set? MR. GONZALEZ: The best thing we can come up with right now is possibly one to two months savings by declaring an emergency and we're not recommending that for a couple of reasons. We're trying to fast track the odor control portion of it, but there are other additional improvements in the future at that plant. We don't want to look at a lift station for the effluent from the -- the process going to scrub the odor out, put a lift station somewhere in that plant that is very tight that we either would have to then retrofit or move when we get to expand that plant five years hence. COMHISSIONER CONSTANTINE: My recollection of our discussion a couple weeks ago was that we can put this into practice, it won't be perfect, but put it into practice in advance. We just won't have the effluent disposal perfected until January, but we can actually get this into practice by summertime. MR. GONZALEZ: By the end of this year, about November is the earliest that we could get it in because of a couple of things. We want to pursue a design build-package that's going to save some bidding and procurement time. That should speed up the process by a couple of months. We're also going to use our annual standard underground -- COHMISSIONER CONSTANTINE: Didn't we have a -- MR. GONZALEZ: -- utility contract. COHMISSIONER CONSTANTINE: Didn't we have a discussion a couple of weeks ago when we talked about being able to either use the ponds on site or there was some alternative means and my -- maybe my recollection is faulty, but my recollection isn't that that was November. It was that we could actually put that into practice sooner and -- and then actually have the -- the -- COHMISSIONER HAC'KIE: The disposal. COHMISSIONER CONSTANTINE: -- the disposal system later, but actually have that portion into practice by summertime. MR. GONZALEZ: No, sir. Yes, we are going to use the ponds that are available on the site right now to route the water to there until we can finish the lift station, but again then the long lead time would go back to the scrubber unit, which we think it's going to take about six months to design and build, give us about a month to figure out -- to give the contractor the performance specifications for that design-build package. We're still looking at around November to finish the scrubber unit. We would then, if we don't have the lift station in place, route the scrubber effluent to those ponds until we finish the lift station. COHMISSIONER HAC'KIE: So -- COHMISSIONER CONSTANTINE: Is my recollection of a couple weeks ago wrong or -- or -- COHMISSIONER HAC'KIE: It's -- it's also what I remembered as I had my fingers crossed that -- that what we -- and we should just look back, but that we could have the odor control in -- in place by summer and then the disposal would -- was going to take a long time, so if we've recalled that incorrectly, that's too bad. But my question about this design-build business, then why is -- why is this more complicated than imitating, you know, for appropriate -- adjusting for size and -- and some, you know, whatever else is appropriate, but adjusting what we have at the north plant? Why is it more complicated than just that? MR. GONZALEZ: It's not. That's -- that's why we think design-build is advantageous in this project in that we know what works in the north plant. We still have to give the contractor some performance standards; remove the odor to a certain percentage, use the current facilities that are there, make sure everything is up and running by the time you finish it. COHMISSIONER HAC'KIE: So, the design will take how long? MR. GONZALEZ: If we go with design-build, six months to design it and construct it. COHMISSIONER HAC'KIE: Why does it take six months to design it? MR. GONZALEZ: It's mostly lead time for constructing the actual odor control for manufacturing the plant, the odor scrubbers. The design may take a month, a month and a half or so, but if you compress it all into the design-build approach, it'll be about six months as compared to design-bid-build, which may take another four months or so because of procurement time. COHMISSIONER HAC'KIE: This isn't something you go buy off the shelf at government are us -- CHAIRMAN HANCOCK: And just -- COHMISSIONER HAC'KIE: -- utilities. MR. GONZALEZ: No. CHAIRMAN HANCOCK: Just so there's no mistake, the north county plant is not trouble free. When you talk about the -- COHMISSIONER HAC'KIE: Yeah. CHAIRMAN HANCOCK: -- odor control system in the north county plant, it's not trouble free -- COHMISSIONER BERRY: That's right. CHAIRMAN HANCOCK: -- so don't -- don't -- let's not start with the misconception that if we install the same thing that's north, no one will complain, because my phone will tell you otherwise. COHMISSIONER HAC'KIE: Yeah. It's just so much better than nothing, which is what we have in the south. MR. HcNEES: Mr. Chairman, if I may throw one other thing in here. I kind of said this similar thing a couple weeks ago, but we need to make sure of a couple of things here. One is realize that what you're talking about doing is taking what stinks in the water out, concentrating it into an effluent stream and putting it in a being open -- big open pond. So, that may not be an appropriate even short-term solution. It may work fine, but I just hesitate for us to get too much into agreeing with you because it's what you want when we're maybe not sure that -- that from a feasibility standpoint, you may end up with a big stinky pond that was just as bad as the -- the odor from the -- COMMISSIONER MAC'KIE: Stinky plant. MR. McNEES: -- the air stripper in the first place, so I -- CHAIRMAN HANCOCK: At the risk -- at the risk of -- of offending, we're not engineers, none of us have designed these systems and maybe there's a better mouse trap that comes out of that design, and if we predetermine what that design should be, we may be doing a disservice to the people that a year from now would rather have Design A than B. I would -- I would -- I would -- I understand the -- the anxiousness and I understand the time frames have moved. It's been a moving target and that's unfortunate but I -- I feel that OCPM, at least from this point forward, seems to be doing what they can to compress the time frame. I just hate to predetermine the design right now. I -- I -- as much as that sounds good to get it done, I'm afraid -- I'm afraid the result may not be the best. COMMISSIONER MAC'KIE: My -- my question then because I understand. That's certainly -- you're right. We've got to do it right, whether -- doing it correctly is more important than doing it quickly. Obviously, my reason for bringing this to the forefront is related to the landfill and -- and discussions about relocating a new landfill. CHAIRMAN HANCOCK: The west. COMMISSIONER MAC'KIE: Yeah. Right. Forget it. CHAIRMAN HANCOCK: Oh, I'm sorry. COMMISSIONER MAC'KIE: Based on the fact that there's a smell problem out there. So, how -- if this isn't -- if -- if this were in place by -- what are we now saying -- January -- CHAIRMAN HANCOCK: January. COMMISSIONER MAC'KIE: -- of 1998, how does that coordinate, Commissioner Constantine, with when we might get our recommendations from the landfill relocation committee and the consultant and -- COMMISSIONER CONSTANTINE: Actually, assuming we keep Mr. Weigel's calendar, we should have our soil samples and those sort of things by June or so, and literally within a couple of weeks of having those samples, we should have a report back as to other sites. There is an odor from there. There are two distinct odors and -- and it's -- COMMISSIONER MAC'KIE: Absolutely. COMMISSIONER CONSTANTINE: -- out there. And, one, the water plant does smell from time to time and the -- I just said to Commissioner Berry, today's smell of the day was landfill. We had -- it was a cold front, keeping the air down today, then it was very strong. COMMISSIONER BERRY: Keep those fanned. COMMISSIONER CONSTANTINE: The -- yeah, but the fan -- and -- CHAIRMAN HANCOCK: It's called a diversion. COMMISSIONER CONSTANTINE: But you -- I mean you're right. If we can correct one of them, we're still going to have a problem there, but if we can make any of it better, that's better for the community, but the problem is still going to exist between now and January. The problem is still going to exist next January, so I don't know that we need to slow the process down, but if -- the sooner we can correct one of them, the better for everybody. CHAIRMAN HANCOCK: I think most of our estates connoisseurs can differentiate -- COMMISSIONER CONSTANTINE: Yeah. CHAIRMAN HANCOCK: -- the odor area between the landfill and the -- there's some that can't. We do have some people that confuse the two, but I think you're right. Mr. Weigel. MR. WEIGEL: Well, I -- the calendar is -- is -- is not quite for June in regard to the ground truthing on -- on the potential sites that are under review. Based on the fact that the ag nature of them and some of them are actually going to be flooded in the normal operation, the agricultural operation there, to rid them of nematodes and other things during the summer period, it's projected right now with our engineer that the -- that the 30-day period that the on-site review would be done, that would be the month of October. COMMISSIONER CONSTANTINE: Well, that's the first I've heard of that, but that might go a ways toward answering your question. COMMISSIONER MAC'KIE: It does. COMMISSIONER CONSTANTINE: I'd appreciate it if somebody shared that with -- shared all that information with us than spring that -- COMMISSIONER MAC'KIE: We should get some -- COMMISSIONER CONSTANTINE: -- on us as a surprise. COMMISSIONER MAC'KIE: We should get some regular reports about the status of that probably, Mr. Weigel, but -- MR. WEIGEL: Certainly. COMMISSIONER MAC'KIE: -- for my -- for my support anyway, I understand it sounds like you have gotten the message, Mr. Gonzalez, that we want this done as quickly as possible and without sacrificing the quality of the design, and if the best we can do without sacrificing quality of design, is January of '98, then thank you for doing it as quickly as possible. CHAIRMAN HANCOCK: Any further questions for Mr. Gonzalez? Seeing none. Thank you, Mr. Gonzalez. Item #10A SELECTION OF FINALISTS (EXTERNAL CANDIDATES) TO BE INTERVIEWED FOR COUNTY MANAGER POSITION - HECTOR RIVERA AND ROBERT FERNANDEZ (EXTERNAL) AND LEO OCHS AND MIKE HC NEES (INTERNAL) TO BE INTERVIEWED; RECEPTION TO BE ADVERTISED AS A MEETING AND OPEN TO THE PUBLIC; CONSTITUTIONAL OFFICERS AND DIVISION HEADS TO BE INVITED We'll move to Item 10(A), selection of finalists, external candidates, to be interviewed for county manager position. Thank you to each of you for getting your -- your list to me. We made it very simple. We took these seven candidates, all of which we had resumes and videotapes of, and I know Jerre's here if we have any questions of human resources, Mr. Salmon is here. What I did is I just tallied the yeses and nos, and I think it made it very simple for most of the candidates and let me go ahead and try and get the easy ones out of the way. John White, Sarasota, Florida; no, yes -- zero yeses, five nos. I think he will not be invited. Anyone wish to contest that? Okay. Let's see. James Ley of Las Vegas, Nevada; one yes, four nos. Anyone wish to argue that he not be -- I -- I think he, with four nos, not be invited. Anyone wish to contest that? Now, we get to some that are -- are a little more difficult. In the yes column, Hector Rivera, Summerfield, North Carolina, four in the yes column, one in the no column. I'm suggesting he be interviewed. Anyone wish to contest that? COMMISSIONER NORRIS: No. CHAIRMAN HANCOCK: None. Mr. Rivera will be interviewed. Robert Fernandez, Gainesville, Florida, four in the yes column, one in the no column. Again, suggest he be interviewed. Anyone wish to contest that? No. Mr. Fernandez will be invited for an interview. Mr. Blackburn. I'm sorry. I missed this one. One in the yes column, four in the no column. Suggest he not be interviewed. Anyone? Okay. He's off. Now we have two that were -- were very close. Pierce R. Homer, Woodbridge, Virginia; two in the yes column, three in the no column. Suggestion that he not be interviewed. Anyone wish to discuss Mr. Homer's candidate -- COMMISSIONER BERRY: What was that again? CHAIRMAN HANCOCK: Pierce R. Homer, Woodbridge, Virginia; two in the yes column, three in the no column. Majority indicates do not wish to interview him. Does anyone wish to contest that? I'll be quite frank. He and the next one, Mr. Rabun, I thought, were -- were marginal, and I checked yes on both of them, so I'm not -- I don't wish to argue for Mr. Homer or Mr. Rabun. But let me -- they're different scenarios. Suggestion is Mr. Homer is not to be interviewed. Does anyone feel otherwise? It's agreed. He will not be interviewed. Next, Mr. Ronald Rabun of Lake Mary, Florida; three in the yes column, two in the no column. Suggestion is that he be interviewed. COMMISSIONER MAC'KIE: Say that count again. CHAIRMAN HANCOCK: Three in the yes column, two in the no column. I was in the yes column personally, wasn't very strong about it. I -- I sense that -- I feel like he could interview better than he did in the tape. I just -- again, it's a -- it's a marginal yes on my part. I would -- since we only have two other individuals confirmed outside of our internal candidates, Mr. Rabun would make a total of five individuals to be interviewed. COMMISSIONER CONSTANTINE: I -- I was just going to say I'm not -- I don't -- if there's a strong feeling from three, I don't have any objection to -- to bringing someone in. I don't know that we need a specific number of four or five. The -- I -- just on my notes from watching the tape, I mentioned he almost seemed patronizing. And that was one of the reasons I had checked no. CHAIRMAN HANCOCK: Are you sure that was him, because I had another one with that same comment? COMMISSIONER CONSTANTINE: Yeah. I'm positive it was him. CHAIRMAN HANCOCK: Okay, okay. COMMISSIONER CONSTANTINE: But a little bit irritable. He seemed almost irritated at the process and then kind of patronizing. COMMISSIONER BERRY: I thought there was a distinct difference when -- when he was off camera and when he was realizes he -- COMMISSIONER MAC'KIE: It wasn't there -- COMMISSIONER BERRY: -- was on camera. It was like -- COMMISSIONER MAC'KIE: I'm honest. COMMISSIONER BERRY: -- you know. No. CHAIRMAN HANCOCK: Okay. COMMISSIONER BERRY: Make note of that. CHAIRMAN HANCOCK: Since -- since my -- since my yes was marginal and this is the only one we've discussed, two people feel fairly strong that he shouldn't be interviewed, I'll go ahead and switch to a no vote and we'll save the taxpayers some money on Mr. Rabun. Okay. So, of the outside candidates, we have two that will be interviewed; Mr. Robert Fernandez of Gainesville, Florida, Mr. Hector Rivera of Summerfield, North Carolina, both receiving four yes votes, one no vote for the interview, so I think that's even footing. We have Mr. Ochs and Mr. McNees, so we'll have a total of four candidates for the position of county manager to be interviewed by this board, both individually and in group. Mr. Salmon, is there anything that we haven't covered today that you need? MR. SALMON: For the record, Jerre Salmon with Human Resources. Thank you all for your work on this. I will submit to you, for your approval, a new schedule for now four finalists. I'll try to get that to you this afternoon so that we can go ahead and invite these folks. CHAIRMAN HANCOCK: Okay. COMMISSIONER CONSTANTINE: I have a quick question. COMMISSIONER MAC'KIE: Question. COMMISSIONER CONSTANTINE: When we had talked about doing the reception for the candidates and giving our different department heads an opportunity to meet them, when we first talked about that, we had suggested the board would not be present so as to allow them to have some level of comfort, and relax a little bit, and then they could have their conversations with us the next day. I noticed it's on mine and I assume it's on the other calendars. I wonder if there's a preference on that. I -- I liked -- COMMISSIONER BERRY: What, with the reception? COMMISSIONER CONSTANTINE: Yeah, whether we're at the reception or not. know. COHHISSIONER HAC'KIE: Yeah. I want to be there. COHHISSIONER BERRY: I think the reception -- we're the host, you COHHISSIONER CONSTANTINE: I just wanted to be clear because we'd had the discussion before that we might not be. CHAIRMAN HANCOCK: I -- I think it's a situation that, as an individual, choose whether or not you want to talk to them in a social setting or whether you want to take a fresh approach the next day and that's -- that lets you make the individual decision. Nothing is mandatory other than Tuesdays. Commissioner Mac'Kie? COHMISSIONER HAC'KIE: Two questions. One is I never saw any of the videotapes on 54. Do you know if they made it? CHAIRMAN HANCOCK: Yes. Jerre, you just -- you just sent a memo to me about projected times. What they -- they wanted -- they wanted to wait until we had a final short list. In addition, we are taping Mr. Ochs and Mr. HcNees so that they can be seen on as level a par as possible, but that -- and that taping -- COHMISSIONER CONSTANTINE: Are we giving them surprise questions? CHAIRMAN HANCOCK: Yes, we are. We're not telling them anything until they're -- they're asked the question -- COHMISSIONER CONSTANTINE: What is your favorite color? CHAIRMAN HANCOCK: Right. So, Mr. -- COHHISSIONER HAC'KIE: And why. CHAIRMAN HANCOCK: -- Mr. Salmon, there is a proposed schedule as -- as I recall? MR. SALMON: Yes. Commissioner Hac'Kie, the plan now is to -- to show those tapes four different times, starting the week of the 7th, sometime during the week of the 7th. COHMISSIONER HAC'KIE: And -- and will we just be showing the two, you know, or will we still be showing all seven? MR. SALMON: The plan is to now show four; two internals and two externals. COHMISSIONER HAC'KIE: Okay. I -- I might disagree with that, but that doesn't matter. CHAIRMAN HANCOCK: I'm sorry. Disagree with -- COHMISSIONER HAC'KIE: Well, I -- it just seems like it might be a -- I'm -- I'm disappointed that we haven't shown all seven already on 54, and now that we'll just have four. COHMISSIONER CONSTANTINE: Well, it's kind of moot now. We don't need to show them who's been rejected, but I agree with you, I wish part of the process had been -- COHMISSIONER HAC'KIE: Too bad. CHAIRMAN HANCOCK: We sat -- we sat there with nine 30-minute interviews. And our screening committee had 19 30-minute interviews. COHMISSIONER HAC'KIE: Oh, yeah. CHAIRMAN HANCOCK: The general public's attention span for seven or nine 30-minute interviews, I think that has to be considered, plus COHMISSIONER HAC'KIE: They can turn it off. COHMISSIONER CONSTANTINE: And in fairness, Gulf Coast Journal did a special one night where they showed one question from each of those candidates, so I think there was an opportunity for the public to see them. COHMISSIONER HAC'KIE: I have one other question, and that was how are the constitutional officers being factored into this process, the constitutional officers who will be working so carefully and closely with the new county manager. I -- I know that they will certainly be invited to the reception. I have offered my tapes to them, you know, for their looking, but I think that it would be appropriate to have some opportunity -- I'd like input from the constitutional officers on who they recommend. CHAIRMAN HANCOCK: Then I -- then I'd suggest you call them individually because I don't think that this board really needs to get a survey from the constitutional officers on who they would select as county manager. COHMISSIONER HAC'KIE: No -- CHAIRMAN HANCOCK: They're -- okay. I -- I didn't know what -- COHMISSIONER HAC'KIE: That's not what I meant. CHAIRMAN HANCOCK: -- you were suggesting there. COHMISSIONER HAC'KIE: What I meant is I would like to have an opportunity for the constitutional officers to meet with and have some discussion with the two outside candidates and to hear -- I will be asking them how did they feel they could communicate with them, so I wondered -- COHMISSIONER CONSTANTINE: So, that would be one criteria in your decision-making process. COHMISSIONER HAC'KIE: Yeah, right. How -- how well can you work with the constitutional officers, because that's, I think, a real essential part. So, I would ask that there be some opportunity, some slot where constitutional officers have the chance to come and meet with, if they would like to, the outside candidates. CHAIRMAN HANCOCK: Mr. -- Mr. Salmon, we may suggest, if there is an opening in there and the candidates wish to do that, that's fine. I -- I'm -- I'm not ready to require them to meet with other const -- with the constitutional officers as part of the interview process. I think that's the idea of the reception, for them to get a chance to meet them. If they feel strongly one way or another, I'll get a phone call, but I -- I -- again, I think some decisions are left to this board and our county manager is -- is one of them. COMHISSIONER BERRY: Mr. Chairman? I have a -- it's not a really a concern, but a comment regarding the reception. What is your format for the reception? Do you have any plan as to the reception, what you're going to do there or do we just all assemble in a room and stand there -- stand around and look at one another because that's exactly what could happen? And I want to know what your format is at that reception. MR. SALMON: Commissioner, the plan at the present time is to have Chairman Hancock introduce each of the candidates and ask them to say a few words. The other item on the agenda is to recognize the citizen screening committee for the hard work they did. COMHISSIONER BERRY: I -- I think that's appropriate because, otherwise, people come in there and it's like, you know, okay, now what do we do because we haven't, obviously -- we may at that point in time, have talked to some of them or to these two fellows, the outside candidates. But I -- I think it's important that we do have -- that there be some -- something a little bit organized in terms of what's going to happen at that -- the -- the time kind of -- since there's only two outside candidates, the 6:30 hour kind of -- I think you could move it back or I think you could move it to 7:00 o'clock. I don't think it's necessary. 6:30 is an odd hour for a -- if you're going to have, and I notice what it indicated in there, the punch and cookie kind of thing. Either -- COMHISSIONER MAC'KIE: Spoil your supper. COMHISSIONER BERRY: Well, it's not that. I mean it's just kind -- it's an odd time. You're either -- if you're going -- if you're going to do it, you either do it something properly or, you know, it's -- it's just an odd kind of an hour for this thing. And all due respect to you guys, if I were planning something socially, this is not what I would do in terms of a full food arrangement. CHAIRMAN HANCOCK: We'll have a Christmas party at Barbara's house. COHMISSIONER BERRY: I don't know how delicately to tell you guys this. CHAIRMAN HANCOCK: I don't have a feeling -- I could care less if it's 6:30 or seven to be -- you know, so -- COHMISSIONER BERRY: Well, and that's exactly what I would have figured. CHAIRMAN HANCOCK: Sold, 6:30. COHMISSIONER BERRY: But, this -- I mean these -- these are just kind of things that -- because I don't imagine that -- that all of you fellows, in all due respect to you, have had a whole lot of experience in planning this kind of thing but I -- I just wouldn't have done it quite this way. CHAIRMAN HANCOCK: No, Commissioner Berry, we here on the board have been able to keep our manager. We haven't had quite the turnover you may have experienced in the past with your top officials. COMMISSIONER BERRY: Well, I was there a number of years. I was there a number of years before we had a turnover. COMMISSIONER CONSTANTINE: You had darn good parties though. CHAIRMAN HANCOCK: If you're asking for 7:00 o'clock, does anyone have an objection to that? COMMISSIONER CONSTANTINE: I don't care. CHAIRMAN HANCOCK: We would love to have it at 7:00 o'clock, Commissioner Berry. Thank you. COMMISSIONER MAC'KIE: A couple of other questions. COMMISSIONER BERRY: I'm going to be anxious to see how this is read -- how this is reported. COMMISSIONER CONSTANTINE: Is there a preference on the type of cookie you would like to have or -- COMMISSIONER MAC'KIE: Petit fours. COMMISSIONER BERRY: Well, first off, you could ban all the cookies unless they're homemade ones, so I'm -- I'm not going to get into that but it's just an odd hour. In all due respect, it's an odd hour for the punch and cookie kind of thing. CHAIRMAN HANCOCK: I never imagined at your election, we would have a new social planner -- event planner on the board, but thank you. I think it's something that you -- COMMISSIONER BERRY: Well, I think maybe we need to take on another role. CHAIRMAN HANCOCK: Commissioner Mac'Kie? COMMISSIONER MAC'KIE: Just constitutional officers will be invited to the reception, yes. Is anybody from the public invited to the reception? And I expect the answer is no, so my next question is when will be the opportunity for input from the Black Affairs Advisory Board, the Hispanic Affairs Advisory Board, the Women's Political Caucus, the White Men Are Us or whatever other groups are out there that want to participate and -- and meet one on one, you know, have an opportunity to shake hands with the candidates? Where will that take place? MR. SALMON: The Hispanic and Black Advisory Board chairmen are on the invitation list. It is an advertised meeting, so that it's very possible we may have some members of the general public attending. COMMISSIONER MAC'KIE: That's the reception? MR. SALMON: Yes. CHAIRMAN HANCOCK: And they cannot -- to my understanding, they cannot be refused. It's a public meeting. It's been advertised. But my question is -- I'm glad you brought it up. We've invited the chairman of the Hispanic Affairs Advisory Board and Black Affairs Advisory Board, yet why not the chairman of the Productivity Committee? If you'll look at what is in -- COMMISSIONER BERRY: Right. Well, see, that's my -- that's my concern, too, Mr. Chairman. If you're going to -- and, here again, what about your Chamber, what about your EDC, but -- and where do you -- where do you begin and where do you stop? I have no problem with the public being invited to this particular reception. I really think it ought to be opened up. This is an opportunity for those who care about it to be involved and -- and, normally, that's the kind of thing that is done. MR. SALMON: Mr. Chairman, may -- may I interject here? CHAIRNLAN HANCOCK: Please. MR. SALMON: On the list that was sent to -- to your office with suggestions, the chairman of the EDC was included, the chairman of the Productivity Committee was included, and we would welcome any input from you as to any additional folks you would like invited. COMMISSIONER MAC'KIE: I'd like to suggest the president of the Women's Political Caucus. CHAIRMAN HANCOCK: I'm not going to support that. That's not -- that's not an advisory board to the County Commission, so I'm not going to support that. COMMISSIONER MAC'KIE: Well, I'll invite them. CHAIRMAN HANCOCK: And -- and they're welcome to attend, but no more than the, you know, the local Jewish Federation or any -- it -- it gets crazy when you start doing that. I think the organizations, such as the EDC, have been appearing before us as recently as three weeks ago, have put in a tremendous amount of time working directly with county government and -- and then that's appropriate. It's our number one priority. I don't see organizations such -- I mean the chairman of the Republican Party hasn't been invited. COMMISSIONER MAC'KIE: But should be. CHAIRNLAN HANCOCK: Well, I disagree -- COMMISSIONER BERRY: I don't know that -- CHAIRNLAN HANCOCK: -- with you. COMMISSIONER BERRY: -- that's necessary. I'm going to be honest with you. I -- in all due respect, I -- I don't see that that is a -- COMMISSIONER CONSTANTINE: No. I think private organizations that are put together for some particular purpose or lobby for some particular effort certainly are welcome, but they need to take a little bit of responsibility upon themselves, and we've announced it's open to the public, and if they choose to come, that's fine. COMMISSIONER MAC'KIE: I guess I wish that -- COMMISSIONER CONSTANTINE: I don't think we need to issue thousands of -- COMMISSIONER MAC'KIE: No, no, no. COMMISSIONER CONSTANTINE: -- invitations, and if we start in on that list, that list literally could get to a thousand -- COMMISSIONER MAC'KIE: Which I guess -- COMMISSIONER CONSTANTINE: -- very easily. COMMISSIONER MAC'KIE: -- is why I think it would probably be better if we -- instead of sending invitations to anybody in particular, including the Black Affairs Advisory, Hispanic Affairs Advisory Boards, including the EDC, that we just announce that this is a public meeting and invite all interested members of the public to attend. CHAIRMAN HANCOCK: Yeah, I'm going -- I'm going to ask for a caveat on that. We do have a capacity over there. And I don't know -- I don't know that that many people are going to be that interested to show up anyway, but should they, there needs to be a priority. This meeting is -- is held particularly for the people that we look to for input, whether it's a constitutional officer, whether it's division heads, you know, their -- their impressions and formations and ability to meet these individuals is the primary purpose for having this reception. If it's turned into a free for all where everyone who's got their hand in a political cookie jar or a service, you know, oriented idea, we're going to take away from that original purpose. And I -- so I think we're -- yes -- COHMISSIONER HAC'KIE: No. CHAIRMAN HANCOCK: -- that we cannot exclude members of the public, but the purpose of this was not so that the entire community could show up and review these candidates. It was for the constitutional officers and the department heads specifically. And I believe it was your suggestion, Commissioner Berry, and how it's worked past -- in the past with the school board and worked well in your opinion. Am I too far off from that base? COHMISSIONER BERRY: Not really. We had -- when we did our final interviews, and -- and I think that's the most important, that people are aware when -- when we sit up here, and which I assume we're going to do -- CHAIRMAN HANCOCK: Uh-huh. COHMISSIONER BERRY: -- collectively and ask questions, that is probably even a more appropriate time that the public be invited through an ad in the newspaper, through a radio broadcast, through a whatever. And I think it's one that you -- you can do both, okay, but that is probably the most appropriate time. I -- I understand -- well, I'm not going to get into -- COHMISSIONER HAC'KIE: Well, I started this by saying I didn't expect that the public would be very well represented at the reception and, so, my question was at -- what is their other opportunity? And -- and it seems to me that it would be the joint interviews will be publicly advertised and -- and will there be any opportunity for public speakers at those interviews? COHMISSIONER CONSTANTINE: No. CHAIRMAN HANCOCK: No, I don't think so. COHMISSIONER BERRY: No. CHAIRMAN HANCOCK: We are -- we are putting all interviews of all candidates on television. It will be advertised the times and dates those will be shown. If a member of this community feels strongly about one candidate or another, I suggest they pick up the phone and call one of us. Beyond that, I'm not going -- I -- I think it's inappropriate to turn this into, you know, just an -- an open forum on comments and on whether they like or don't like candidates or want to ask them questions. COHMISSIONER HAC'KIE: I'm not suggesting any of that. And -- and -- and I'm sorry -- CHAIRMAN HANCOCK: I think you have to control it to a point, otherwise it becomes that. COHMISSIONER HAC'KIE: My only reason for bringing any of this up, and it's kind of gone off from what my intention was. My intention was to take this forum to tell people when they will have their opportunity to meet these two outside candidates, to be present, to see them in person, not necessarily to suggest that the format is inappropriate, but just to please advise the public as much as possible when they will have the opportunity to see these outside candidates in person. And it sounds like their best opportunity will be at the -- at the group interview which is scheduled for? MR. SALMON: Thursday afternoon. COMMISSIONER MAC'KIE: Would you -- CHAIRMAN HANCOCK: 4:00 o'clock. CHAIRMAN HANCOCK: I -- COMMISSIONER BERRY: It will be televised. CHAIRMAN HANCOCK: I'm sorry, Commissioner Constantine. Yes. COMMISSIONER CONSTANTINE: I was just going to say, I agree wholeheartedly with Commissioner Berry. I think, while the reception is a nice, warm, fluffy thing, the -- the intent of that is to get a chance to meet, as you said, the -- the people who are going to be working with whomever the choice is on a daily basis, and the real opportunity, and I think the real substance, is going to be at that public interview process on the 24th, so while we welcome the public at the other, I would think if you are interested, it's okay. What's the substance? What's the likelihood of any one of these individuals becoming county manager? The time to be there would be right in this room or tune in your television on the 24th. COMMISSIONER BERRY: So the -- CHAIRMAN HANCOCK: Commissioner Berry. COMMISSIONER BERRY: The reception is more of the social atmosphere. It's not in the realm of how are you going to run this county or what you're going to do in Collier County. It's to get to know the people as individuals on a totally separate setting away from the government end of it, get to know them as people and see how they function. CHAIRMAN HANCOCK: Particularly now that it's at 7:00 o'clock. COMHISSIONER BERRY: Particularly at 7:00 o'clock with homemade cookies. COMHISSIONER MAC'KIE: Now that -- just to rep -- to -- to close that up then, my -- and I know I'm just one vote, but my recommendation would be that we not invite any particular groups to the reception, that we don't invite EDC or Chamber or Black Affairs or Hispanic Advisory or any of the others, that we invite in particular the -- the department heads, division heads, constitutional officers, this board, and it's advertised as a public meeting and all interested parties can show up, but I'm troubled by inviting some and not inviting others. COMMISSIONER CONSTANTINE: Well, I disagree because the difference is very clear and that is there are boards that are appointed by this board -- COMHISSIONER MAC'KIE: Chairman of the EDC? COMHISSIONER CONSTANTINE: -- that there -- if I can finish my comment? The -- there are boards that are appointed by the Board of Commissioners that will work weekly, monthly, whatever it happens to be, with the county manager. The EDC does work hand in hand with us. As Commissioner Hancock said, that was the number one priority that came back from these five individuals. We're doing joint projects with the EDC right now. Our economic -- our Council of Economic Advisors is doing a joint project with them, and, so I do see there's a distinct line between that and special interest groups that are trying to promote their own agenda. And, so, I think we have a responsibility to invite those people that are going to be working regularly as part of their volunteer duty or paid duty. CHAIRMAN HANCOCK: Okay. Commissioner Mac'Kie, I believe you have a motion on the floor, is that correct, or was that a stated preference? COMMISSIONER MAC'KIE: Just a stated preference. CHAIRMAN HANCOCK: Okay. I would like to wrap this item up. I think we've belabored it. COMHISSIONER MAC'KIE: Well, then I'll make a motion that the -- I'll make a motion that the reception be advertised as a meeting and, therefore, generally open to the public, but that the only invited guests be the constitutional officers, the division heads, department heads and Board of County Commissioners. CHAIRMAN HANCOCK: Okay. We have a motion. Is there a second on the motion? Is there a substitute motion? Otherwise, I'll second for the purpose of getting it on the floor. COMHISSIONER CONSTANTINE: I'll substitute the motion that we go with the list Mr. Salmon had outlined and -- COMHISSIONER NORRIS: I think that he just actually seconded it? CHAIRMAN HANCOCK: I'll second the motion. Now we can -- COMHISSIONER CONSTANTINE: I'm sorry. I thought you said if there wasn't a second '- CHAIRMAN HANCOCK: Without a second, we can now accept a substitute motion. Do you wish to offer one? COMMISSIONER CONSTANTINE: I'm confused on what you've done in the process. CHAIRMAN HANCOCK: Okay. We have a motion and a second. All those in favor, signify by saying aye. Opposed? COMHISSIONER CONSTANTINE: I'm sorry. What's -- I don't understand what the motion was. COMHISSIONER MAC'KIE: It was my motion. CHAIRMAN HANCOCK: It was Commissioner Mac'Kie's motion. I seconded it, which under Roberts Rules, then you can offer a substitute motion, if you wish, at that time, but the -- I -- when you said you're not -- when you didn't do that, I called the question and we have three in the affirmative, I assume two in the negative? COMMISSIONER BERRY: No. I said yes. CHAIRMAN HANCOCK: Okay. So, four in the affirmative. The motion carries four one. CHAIRMAN HANCOCK: Item 10(B). MR. SALMON: Excuse me, Mr. Chairman. Will you clarify for me my instructions? I want to be sure that I understand what involvements you want from the agency heads. CHAIRMAN HANCOCK: Department heads -- MR. SALMON: No. CHAIRMAN HANCOCK: -- County Commissioners, constitutional officers are all invited to this -- MR. SALMON: No, I'm -- I'm going back to the constitutional officer question. I'm not clear as to what you want me to do in terms of involving the constitutional officers. CHAIRMAN HANCOCK: Invite them. COMMISSIONER BERRY: Just invite them to the -- COMMISSIONER MAC'KIE: Invite them to the reception. MR. SALMON: Well, what about -- what about the one on one, the chance to interview? I'm not clear on that. CHAIRMAN HANCOCK: Okay. I -- I guess -- COMHISSIONER MAC'KIE: That didn't get -- CHAIRMAN HANCOCK: Yeah. I don't -- I don't have an interest -- MR. SALMON: Okay. CHAIRMAN HANCOCK: -- in -- I had started out down that road, but I -- I -- MR. SALMON: Thank you. I wasn't clear on your direction. CHAIRMAN HANCOCK: Okay. MR. SALMON: Thank you very much. MR. HcNEES: One more clarification. Commissioner Berry, your favorite flavor of cookie was which? COHMISSIONER BERRY: You can't afford it. CHAIRMAN HANCOCK: You know, until this item, we had a good meeting going, folks. Item -- I tell you what, the court reporter needs a break. I know we only have a couple more items but she's been working -- let me ask her. Would you prefer a break now or if we can finish in 15 minutes, is that acceptable to you? THE COURT REPORTER: 15 minutes is fine. Item #10B PRESENTATION BY CLARENCE S. TEARS, JR., DIRECTOR OF BIG CYPRESS BASIN BOARD, FOR WATER RESTRICTION ORDINANCE - STAFF TO PREPARE AND ADVERTISE ORDINANCE CHAIRMAN HANCOCK: Okay. Let's go ahead and wrap up. Item 10(B), presentation by Mr. Clarence Tears, Director of Big Cypress Basin Board on Water Restriction Ordinance. This is a request of Commissioner Hac'Kie who has assured us, Mr. Tears, this is no more than five minutes. Did I unfairly -- COHMISSIONER HAC'KIE: No, no. CHAIRMAN HANCOCK: Okay. COHMISSIONER HAC'KIE: No. He -- he -- MR. TEARS: Good morning, Mr. Chairman and fellow commissioners. The reason I'm here today is -- THE COURT REPORTER: Sir, identify yourself. COHMISSIONER HAC'KIE: Identify for the record. MR. TEARS: Clarence Tears, Director of Big Cypress Basin. The reason I'm here today is to talk about a proposed ordinance for water restrictions -- THE COURT REPORTER: Sir, could you speak up? MR. TEARS: Yes. Proposed ordinance for water restrictions between nine and five. Recently I read an article in the U.S. Water News, increased pressure on water supplies will trigger rising costs. And some of the other interesting points are the average price per thousand gallons in the U.S. is 19 cents; for such a precious commodity, only 19 cents per thousand gallons. Important statistics. A demand for water remains high. We continue to pay nominally for this precious commodity. If some of you are familiar with economic theory, the price of a commodity is determined through the relationship of supply and demand. As our demand continues to increase, you're going to see a rise in cost because our fresh water supply is limited. The water in Collier County, there's plenty, but the fresh water supply is limited. So, the -- you're going to pay a higher cost for processing the water in the future. There was -- also in this article it talked about Spalbur and Subahi (phonetic), and they talked about three different phases. The first phase was supply, increased supply to meet the rising demand. In this phase, you continually put more wells in to make -- to meet -- to meet the rising demand. Phase two, increase pressure on water availability and our water-related potentials brings about change, socioeconomic, goals and value systems, pushing them towards both rational use of water conservation. So, you can see where we're starting to go into these phases, where we're starting to look at water conservation, we're starting to look at alternative water supplies. In the third phase, they talked about attention is paid to the management and control of demand via water conservation technology and the use of more effective pricing mechanism. The County currently has in place an ordinance where they charge additional fees for a certain supply. When the public demands a greater amount during the month, there's an additional charge on that water. So, you can see where we're starting to head towards this. And the key here is let us not lose sight that our fresh water supply isn't abundant. There's only so much of fresh water. I need your support in approving an ordinance that bans landscape irrigation between the hours of nine and five. What we found out is that between the hours of nine and five, it takes two and a half times as much water to irrigate. This is due to solar radiation and evaporation and transpiration, your winds are greater during this period. To date, I'd like to thank the commissioners for their support in the xeriscape ordinance. You currently have on the book ultra low volume plumbing fixture ordinance, a rain sensor ordinance, water conservation education program, reclaimed water use. You're also looking at alternative water supplies for the future. And I'm just asking for your support on this where this will not impact the public. We're estimating 60 percent of the potable water supply in Collier County is used for landscaping. So, if we could only reduce this by ten percent, it would be extremely helpful to our fresh water supply. All the neighboring counties have an ordinance in place; Lee County, Dade County, Broward County, Palm Beach County. I've also had the handout to the commissioners, a copy of an example ordinance for Palm Beach County. There's something I read also in the article that said, to head the conviction to conserve or preserve water resources appropriately, you must first arrive at the perception that our actions will make a difference. And I really believe conservation will make a difference and I really need your support to pass this ordinance at this time. CHAIRMAN HANCOCK: Thank you. You -- you said one thing I have to take exception with. You keep referring to water as a commodity. I refer to it as a necessity. MR. TEARS: Okay. CHAIRMAN HANCOCK: I understand the difference in perspective but from the way I think this Board looks at it, responsible for health, safety and welfare, keeping the cost of potable water as low as possible is our job. MR. TEARS: Yes. CHAIRMAN HANCOCK: So, I -- I can't look at it as a commodity. The water restrictions you're referring to, would use of effluent be affected by those restrictions through county systems? MR. TEARS: No, it wouldn't. CHAIRMAN HANCOCK: Okay. And the reason I want to state that is when people see the medians being watered during the daytime, we get some phone calls. Because of the way effluent is produced, the peaks and valleys, the timing of when effluent is used for different locations is a required cycle and, so, it's not a question of being able to -- the water -- tried to water all the effluent areas at night, I don't believe we'd have capacity. Mr. McNees, is that a fair -- there's a timing -- MR. McNEES: There are definitely issues there, yes. CHAIRMAN HANCOCK: Okay. Okay. So, it's -- it's not as simple as when we want to use the effluent and, so, if they see it during the day, hopefully, the paper will help us tell people that medians are watered with effluent, and that they do not fall under these restrictions for those reasons. MR. TEARS: Yes. CHAIRMAN HANCOCK: Commissioner Mac'Kie. COMMISSIONER MAC'KIE: I had just been getting an education through that Go-With-The-Flow program that the EDC and Chamber Coalition put on and -- and as I spend more time around water issues -- I've recently gone on the CREW Trust Board too, and that -- I've gotten a real education about some simple ways to begin the conservation process that -- that would allow us to do exactly what you said, Commissioner Hancock, and that is keep the cost of water as low as possible for as long as possible. Nobody's ever talked about whether or not we have a supply issue. We don't have a supply problem with water. We have a cost issue. And it seems to me again that this sort of falls into the category of if people know what's best, they want to conserve and help support the idea of keeping costs low. So, having an ordinance in place, similar to all of our surrounding counties, to - to instruct people on how important it is that you not use water for irrigation and -- and landscaping from nine to five, frankly, from a real practical perspective because of the -- the loss of water, the -- the misuse of water, that I'd like to ask the Board to consider adopting such an ordinance, sending it through the normal processes and that's why Clarence is here today. CHAIRMAN HANCOCK: Okay. Commissioner Constantine? COMMISSIONER CONSTANTINE: I don't have any problem advertising this and bringing it back, and seeing what we can do with it, and I'll make a motion to that effect in a minute. But I -- I have a couple of questions that I don't need answered right now. I will need answered when they come back, when this comes back, and one is enforcement. Who's going to do the enforcement and how are we going to enforce it? Two, what are the penalties going to be, because it's one thing to have it on the books, but if we don't have a manner in which to enforcement it. And, three, what's it going to cost to have someone enforce it? And -- and -- and just a kind of a practical question, if I turn my sprinkler on for -- I understand the 60 percent due to evaporation and all during the day, but if I turn my sprinklers on for ten minutes during the day or I turn my sprinklers on for ten minutes at night, I assume they're going to spray out the same amount of water. It may not be as effective use but I know most people just pick an amount of time that they -- they water. Hopefully they pick a logical time to do it, but pick an amount of time that they do each segment of their property and -- and is there a way we're going to conserve via that? I mean if they -- MR. TEARS: Yes. CHAIRMAN CONSTANTINE: -- if they alter from -- MR. TEARS: It's due to the -- CHAIRMAN CONSTANTINE: -- daytime to night -- MR. TEARS: -- evaporation rates. COHMISSIONER HAC'KIE: The -- the net -- MR. TEARS: You water -- COHMISSIONER HAC'KIE: I'm only going to water my grass enough, you know, the amount that's necessary to keep it green, and if I water it at night, that I will discover that it takes less water to do that and hopefully shorten my cycles on my sprinkler system. That's a real practical -- CHAIRMAN HANCOCK: Or reduce the number of days. Okay. We have -- COHMISSIONER CONSTANTINE: I'll make a motion we go ahead and run this through the regular -- MR. HcNEES: You have two speakers. COHMISSIONER CONSTANTINE: -- procedure and bring it back. CHAIRMAN HANCOCK: Okay. COHMISSIONER HAC'KIE: Second. CHAIRMAN HANCOCK: We have a motion and a second. We do have two speakers. Mr. Newman, do you have anything to add other than you'll be -- obviously be involved in the formation of this ordinance? MR. NEWMAN: I just want to let the Board know staff's already prepared this ordinance in anticipation of this. It needs only to be reviewed by the county attorneys and advertised and we can bring it back to you immediately. CHAIRMAN HANCOCK: Okay. COHMISSIONER HAC'KIE: Great. CHAIRMAN HANCOCK: Good. Let's go ahead and go to public speakers. Thank you, Mr. Tears. MR. TEARS: Thank you. MR. HcNEES: Gil Erlichman will be followed by Ty Agoston. MR. ERLICHHAN: Good morning, Commissioners. Gil Erlichman, resident, Collier County, taxpayer and elector. I have a question for Mr. Sears. Hay I ask Mr. Sears a question? CHAIRMAN HANCOCK: For Tears? COHMISSIONER HAC'KIE: Tears. CHAIRMAN HANCOCK: Go ahead and ask the question. MR. ERLICHHAN: Okay. CHAIRMAN HANCOCK: Let's see if we can -- MR. ERLICHHAN: Is the agreement between Collier County, a cooperative agreement between Collier County and the South Water Florida Management District on behalf of the Big Cypress Basin and Collier County, Florida, is that agreement still in effect, which was signed on the llth day of June, 19917 And it said the Contract Number is C91-2158. CHAIRMAN HANCOCK: And what's the contract for? MR. ERLICHHAN: Is that still in effect? CHAIRMAN HANCOCK: What's the contract for? MR. ERLICHHAN: It's a whole list of stuff, sir. CHAIRMAN HANCOCK: Okay. MR. ERLICHHAN: I don't -- COHMISSIONER HAC'KIE: Maybe that -- MR. ERLICHHAN: I'm sorry I don't have an extra copy -- extra copies, but it's an agreement which -- which says in -- in its intent is that the Big Cypress Basin and the South Florida Water Management District would be responsible for the benefits or use of resource and balance the needs of flood controlled water supply and environmental concerns. That's what I'm questioning. Is it still -- is this contract still in effect? CHAIRMAN HANCOCK: Mr. Tears is indicating he doesn't have that information at hand. If you would -- my secretary will make a copy of that for Mr. Tears, if you would, and when this ordinance comes back, we can get an answer to that. Would that be acceptable to you? MR. ERLICHHAN: Yes, sir. CHAIRMAN HANCOCK: He can communicate directly with you on it. MR. ERLICHHAN: Thank you. CHAIRMAN HANCOCK: Okay. MR. ERLICHHAN: Thank you. CHAIRMAN HANCOCK: Thank you, Gil. MR. HcNEES: Mr. Agoston. MR. AGOSTON: Good morning, ladies and gentlemen. My name is Ty Agoston. I live in Golden Gate Estates and, by the way, Miss Hac'Kie, I'm one of that new minority you established, the white man. And going back to last week, you forced me to review the Thursday rerun of your meeting. That, by the way, takes two martinis. COHMISSIONER HAC'KIE: It takes more for me. COHMISSIONER BERRY: Only? MR. AGOSTON: And I did address you as ladies and gentlemen. COMMISSIONER MAC'KIE: You did? MR. AGOSTON: Honest to God. COMMISSIONER MAC'KIE: My apologies. MR. AGOSTON: It's no problem. I attended the last Big Cypress Water Management meeting and, to be honest with you, I am not exactly happy with the process they run through and I certainly didn't appreciate Mr. Tears' attitude of raising water rates in order to restrict its availability, at least that's the way I understood it. Maybe I'm -- CHAIRMAN HANCOCK: As you know, Ty, we -- we control the -- the rates. MR. AGOSTON: No. I understand. What I'm -- what I have an objection to is the attitude, and I understand that you fellows don't have -- I'm sorry -- your -- how should I say that? CHAIRMAN HANCOCK: You folks? MR. AGOSTON: As a group, you folks don't have any direct control over the -- the assortment of the people on the Big Cypress Board. But the fact of the matter is that, as I understand, that they are now involved in the processing of Southern Golden Gate Estates buyout, they provide personnel, money or whatever. Where do they get the extra money? I mean they're spending my tax dollars. I'm not exactly a generous guy when it comes to my taxes and I don't believe that they should have this carte blanche ability to simply raise the rates just because they're not locally being elected, they're being appointed from a far away land like Miami or whatever those people -- oh, no, Tallahassee. COMMISSIONER MAC'KIE: Tallahassee. Even farther. MR. AGOSTON: And I frankly don't appreciate the cavalier attitude they show Mr. Tear at the last meeting of proposed -- one of his proposals was to double their budget spending. CHAIRMAN HANCOCK: Okay, Ty, I'm going to have to kind of cut you off there because -- MR. AGOSTON: No, no. It's no problem. CHAIRMAN HANCOCK: -- the place for that is right across the hall. MR. AGOSTON: Well, I hate to tell you, they don't pay any attention to us either, so what -- CHAIRMAN HANCOCK: Okay. We -- MR. AGOSTON: At any rate -- COMHISSIONER CONSTANTINE: Yeah. I'll make a note of that, Ty. MR. AGOSTON: Thank you. MR. McNEES: You have one more speaker, Judy Leinweber. CHAIRMAN HANCOCK: This discussion is regarding an ordinance, period. MS. LEINWEBER: That's correct. I'm Judy -- CHAIRMAN HANCOCK: Thank you, Miss Leinweber. MS. LEINWEBER: -- Leinweber and I was at the workshop in Everglades City, the last meeting, and Clarence Tears stated to Gil Erlichman they were not responsible for water. Well, if they're not responsible for water, how come he's up here asking for restrictions on the County? And I'd also like to know -- they've got the weir system that they're in charge -- charge of and they're going to take our sheet flow water and stick it into the Everglades. So, we've got enough water to put into the Everglades to restore it, but we don't have enough water for drinking. I'd like to know which comes first, our drinking water or the Everglades? And who is responsible for the water? Thank you. CHAIRMAN HANCOCK: Thank you. Okay. MR. NEWMAN: Mr. Chairman, I have one more -- I need some direction from you all. Do you want an ordinance to cover your water sewer district area or do you want an ordinance to cover the entire county in all irrigation within the county? CHAIRMAN HANCOCK: I think that depends on the enforcement costs and responsibilities because if it's countywide and it falls to the county to enforce it, I think the City should have some -- some say and role in that. COMHISSIONER MAC'KIE: Could I ask you to contact the city utilities and -- and just sort of get some communication going with the director there and see if we can -- I'll do the same with the -- MR. NEWMAN: You want us -- COMHISSIONER MAC'KIE: -- the man. MR. NEWMAN: You want us to bring you back two options, one for countywide implementation and one for a water sewer district? CHAIRMAN HANCOCK: Motion maker include that? COMHISSIONER CONSTANTINE: That's fine. CHAIRMAN HANCOCK: That's included by the -- COMHISSIONER MAC'KIE: Second. CHAIRMAN HANCOCK: -- motion maker and second amends. Motion and a second. Any discussion? All those in favor, signify by saying aye. Opposed? (No response) CHAIRMAN HANCOCK: Seeing none. Item #10C RESOLUTION 97-197 APPOINTING RAYMOND HOLLAND AND JIM PENCZYKOWSKI TO THE IHMOKALEE ENTERPRISE ZONE DEVELOPMENT AGENCY - ADOPED; RESIDENT VACANCY TO BE ADVERTISED IN THE IHMOKALEE BULLETIN; CONFIRMATION OF FRED THOMAS AS CHAIRMAN AND LUCY ORTIZ AS VICE CHAIRMAN - APPROVED We're at Item 10(C) -- HR. NEWNLA_N: Thank you. CHAIRNLA_N HANCOCK: -- appointment of members -- COHMISSIONER NORRIS: Motion -- CHAIRMAN HANCOCK: -- to the Immokalee Enterprise Zone Development Agency. COMMISSIONER MAC'KIE: Second. CHAIRMAN HANCOCK: We have a motion to approve staff recommendation and the second -- COMMISSIONER NORRIS: Wait a minute. COMMISSIONER CONSTANTINE: Hang on. I've got a question on it. Before Mr. Mihalic goes, on this much like we brought up a couple of weeks ago, did we advertise these? Did we get any responses back, who else was interested? If we're going to be consistent, we've done this with two other boards. I don't know the answer to any of those questions. MR. MIHALIC: Commissioner, these -- these positions have very specific -- COMMISSIONER MAC'KIE: Name? CHAIRMAN HANCOCK: Name? MR. MIHALIC: Oh, excuse me. For the record, I'm Greg Mihalic, Housing and Urban Improvement. These -- these positions have very specific requirements, Commissioner. I'm not sure that general advertising would assist. We -- we have to have a person from a financial institution within the enterprise zone, a person from the Immokalee Chamber of Commerce, the president serves, a business operating within the nominated enterprise zone, a resident living within the nominated enterprise zone, but we did not advertise for it. COMHISSIONER CONSTANTINE: I would think -- obviously your Chamber, but your resident and your business in particular, there's got to be several businesses and residents. These people may very well be the best people, but I just think if we're going to be consistent with all our boards, we need to open those up for advertisement so at least if someone has an interest, we know about it. MR. MIHALIC: We -- we did distribute the information through the Immokalee Chamber of Commerce and the other organizations in Immokalee but we did not publicly advertise for it. We can do that within the Immokalee Bulletin. CHAIRMAN HANCOCK: Is there a -- we have a motion and a second. Is there any change in the motion or does the motion stand? COMMISSIONER CONSTANTINE: What's the motion? CHAIRMAN HANCOCK: To approve -- COMHISSIONER MAC'KIE: To approve -- CHAIRMAN HANCOCK: -- staff recommendation. COMMISSIONER NORRIS: Let me ask a question first. Is this restricted to Immokalee residents? MR. MIHALIC: Yes, it is, Commissioner. COMMISSIONER MAC'KIE: Yes. Within the zone. MR. MIHALIC: Yes, we'll -- it is restricted. COMHISSIONER CONSTANTINE: Will the motion maker consider advertising the ones that are -- that obviously could be filled by various people in the Immokalee Bulletin? COMHISSIONER NORRIS: The motion maker withdraws his motion, actually. COHMISSIONER CONSTANTINE: All right. CHAIRMAN HANCOCK: The motion is withdrawn. Do we have a substitute motion or a second -- I'm sorry -- a new motion? COMMISSIONER MAC'KIE: I'd like -- COMHISSIONER CONSTANTINE: I make a motion that we go ahead and advertise those that could be filled and obviously encourage these people to apply as well, but we've been ordered to maintain consistency between all our boards; advertise in this case in the Immokalee Bulletin. CHAIRMAN HANCOCK: Do I understand the motion to actually affirm two appointments, which were the two that are not particularly subject to -- COMHISSIONER CONSTANTINE: One was the Chamber. What's the other? MR. MIHALIC: Financial institution within the enterprise zone, a representative of a financial institution. COMHISSIONER CONSTANTINE: I would think -- well -- do we have more than -- more than -- how many banks do we have in Immokalee? MR. MIHALIC: I think -- we have two banks in Immokalee. I -- I believe only one is within the enterprise zone. COHHISSIONER CONSTANTINE: So, that narrows it down pretty well. COHMISSIONER HAC'KIE: Yeah. MR. HIHALIC: Yes, Commissioner. COHMISSIONER CONSTANTINE: Yeah. The answer to your question is yes . CHAIRMAN HANCOCK: Okay. So, those two positions -- will the motion -- we'll appoint those two. The remaining two are to be advertised -- COMHISSIONER CONSTANTINE: Yes. CHAIRMAN HANCOCK: -- and brought back to the Board for -- COMHISSIONER MAC'KIE: The remaining one. MR. MIHALIC: The resident. There's one for a resident within the zone. COMHISSIONER BERRY: There's just one left. CHAIRMAN HANCOCK: One? Okay. All right. Business is now -- okay. So, that one position will be advertised. Is there -- I'm sorry. Did I hear a second, Commissioner Mac'Kie or -- COMHISSIONER BERRY: I'll second it. CHAIRMAN HANCOCK: The second by Commissioner Berry. Any discussion? All those in favor, signify by saying aye. Opposed? (No response) CHAIRMAN HANCOCK: Seeing none. MR. MIHALIC: Commissioner, there's merely one more point on a separate item, that will the Board accede to the appointment of the chairman and vice-chairman of the enterprise's only development agency? They are recommending Mr. Thomas for the chairman and Miss Lucy Ortiz for the vice-chairman of this agency for a one-year appointment and you must affirm that according to the ordinances. CHAIRMAN HANCOCK: What if -- COMHISSIONER MAC'KIE: Question. CHAIRMAN HANCOCK: I was just going to ask, wouldn't it be appropriate to wait until the new members are on the board to -- I mean who is -- is they? Outgoing members? MR. MIHALIC: Well, no. This is a large board and only three -- CHAIRMAN HANCOCK: Okay. MR. MIHALIC: -- of the members are change -- are changing. CHAIRMAN HANCOCK: Okay. COMMISSIONER MAC'KIE: Motion to affirm those -- that list of officers. COMMISSIONER CONSTANTINE: How many members are on this board? COMMISSIONER MAC'KIE: 13. MR. MIHALIC: 13. CHAIRMAN HANCOCK: We have a motion to affirm the appointment of president and what was that -- or chairman and vice-chairman? MR. MIHALIC: Yes, Commissioner. CHAIRMAN HANCOCK: Okay. Is there a second? COMMISSIONER NORRIS: I'll second it. CHAIRMAN HANCOCK: Motion and second. Any discussion? All those in favor, signify by saying aye. Opposed? (No response) CHAIRMAN HANCOCK: Motion carries five zero. Thank you, Mr. Mihalic. Item #10D REQUEST FROM HOWARD E. RICE, MARCO ISLAND LIONS CLUB TO WAIVE $75 PERMIT FEE FOR NON PROFIT COHMUNITY SERVICE ORGANIZATION - PERMIT FEES WAIVED; STAFF TO REVIEW THE NUMBER OF PERMIT FEES THAT HAVE BEEN WAIVED IN THE PAST FISCAL YEAR Item 10(D), request from Howard Rice, Harco Island Lions Club, $75 permit fee waiver. COHMISSIONER MAC'KIE: We can't vote on this one, Commissioner Berry. Your service. COHMISSIONER NORRIS: Oh, yeah. COHMISSIONER MAC'KIE: I'm sorry. I notice those things. CHAIRMAN HANCOCK: We've -- we've had discussions at times on -- that these waivers aren't true waivers. They're in essence payment by the general fund. We've talked about restricting them to events that we have -- you know, we just don't have a lot of criteria for this. I don't have a problem with this one in particular, but I -- I expressed about a year and a half ago that we need to find some way to draw limits on this, otherwise every not for profit that has any fund raising event comes and requests a waiver and we have to be called as being unfair to some more than others. COHMISSIONER NORRIS: That's a good point and I don't think you have much argument from the Board members that we should try to develop a policy; however, in the past we have routinely approved these and, so, I'll make a motion that we approve this one as well. COHMISSIONER CONSTANTINE: Second. CHAIRMAN HANCOCK: Will the motion maker include direction to staff to review the number of permits in the last fiscal year that were waived and subsidized so that we can get that information and begin making decisions on total funds available and a number will do? COHMISSIONER NORRIS: The motion maker will amend that. CHAIRMAN HANCOCK: Thank you. Will second amend? COHMISSIONER CONSTANTINE: Yeah. CHAIRMAN HANCOCK: Motion and second amends. Any discussion? All those in favor, signify by saying aye. Opposed? (No response) CHAIRMAN HANCOCK: Seeing none. PUBLIC COMMENT - GIL ERLICHMAN RE COUNTY MANAGER APPLICANTS We're other -- on public comment. Mr. McNees? MR. McNEES: You have one, Gil Erlichman. MR. ERLICHHAN: Gil Erlichman, resident of Collier County, elector and taxpayer. I'd like to compliment the commissioners on the -- the way they've been handling the selection of our new county manager and the open -- and the -- the information that's been disseminated to the public. I also would like to thank the -- the committee that were -- was appointed by the commission to -- on this search for a new county manager. And I'd like to do this to counteract the sniping and the criticism of the Board by various groups throughout Collier County in -- insofar as the lack of minorities. I think the commissioners deserve a lot of credit for the way they've handled this situation. Thank you. CHAIRMAN HANCOCK: Thank you, Mr. Erlichman. It's kind of worth note that our final pool of four candidates is 50 percent minority. COHMISSIONER NORRIS: Four externals. CHAIRMAN HANCOCK: Yeah. A hundred percent external. Gee. Item #14A VACANT PROPERTY FOR PARK PROJECTS - DISCUSSED Commissioner Mac'Kie? COHMISSIONER HAC'KIE: Nothing. CHAIRMAN HANCOCK: Commissioner Norris? COHMISSIONER NORRIS: (Shakes head) CHAIRMAN HANCOCK: Commissioner Berry? COHMISSIONER BERRY: Nothing. CHAIRMAN HANCOCK: Commissioner Constantine? COHMISSIONER CONSTANTINE: Two items. The park property I mentioned in Golden Gate a couple of weeks ago, the Parks and Rec Advisory Board has looked at it. The asking price from Avatar for that, for about five acres, is $40,000. Parks and Rec Advisory Board made a motion and unanimously approved it to pursue that. Obviously, we would -- that's an asking price. We don't necessarily need to pay that. The one caveat they made, I -- I had suggested to them is that they can put this property into inventory, but that it shouldn't necessarily leap frog ahead of other development projects, other parks projects that have been in the works. I know we only have an X number of dollars to put toward anything. And there are other projects around the county that they're looking at and, so, while they may, their recommendation is to purchase it and put it in inventory at the best price possible. They're saying they would leave it up to -- they would make recommendations but leave it up to the Board as to where the prioritization of development and at what level and also what manner it would be maintained, whether you would create a special taxing district or other options on that, so -- CHAIRMAN HANCOCK: And also whether or not to purchase. COHMISSIONER CONSTANTINE: Well, obviously they'd leave that up to CHAIRMAN HANCOCK: Okay. COHMISSIONER CONSTANTINE: -- the Board. You have -- their -- I'm just saying their recommendation -- CHAIRMAN HANCOCK: I understood you. COHMISSIONER CONSTANTINE: -- is if they go -- if we go ahead and purchase that and -- and have that in inventory, that doesn't necessarily mean, bingo, you have to spend a couple hundred thousand dollars doing anything to it now, but at least have the opportunity to have it in the interim. CHAIRMAN HANCOCK: So that will come to the Board as a recommendation in the near future? COHMISSIONER CONSTANTINE: Correct. CHAIRMAN HANCOCK: Okay. Item #14B EXOTIC PLANT REHOVAL - DISCUSSED COMHISSIONER CONSTANTINE: The second item is just an item that -- it comes back every six months, and that's on exotics. And -- and one of my frustrations is that I made light of the carrotwood last time and Commissioner Mac'Kie and I had some -- had a number of chuckles and used a bunch of puns over the carrotwood and whether or not to make that an exotic. But I did that, not just to be funny, but to make the point that every time we have a list of new additions to our exotics list, the -- certain members of our community seem to take it as a goal, okay, now what else do we add, and they go and look for more things. And we had the discussion a month or two ago abouttrying to make sure we could actually enforce what we have before we add any more. But I also wondered if we could set -- we don't need to do this now -- but set some sort of criteria by which they're added because we hear different things are invasive or could potentially be invasive, but there's -- CHAIRMAN HANCOCK: I think it can be done now. How about if we don't add anything until we can handle the list we have? COMMISSIONER CONSTANTINE: That's what I'd like to see. It's just we keep hearing how invasive things are even though there's not necessarily any place in Collier County that is shown to be a problem and they're suggesting, well, it might be someday and I don't think that's good criteria by which to build our plan. COMHISSIONER BERRY: Mr. Chairman? CHAIRMAN HANCOCK: Okay. Yes. COMHISSIONER BERRY: I'd like to know the preponderance of the problems on that extensive list of exotics already. When I -- that's when I -- when that came before us the last time and I voted against that particular item that we were discussing, that was one of my biggest problems with what I had in front of me. The -- the list was enough to exhaust you and I'm thinking how would most people even know, you know, and, again, what is the preponderance of this? Is there -- CHAIRMAN HANCOCK: Actually, most people are trimming them as ornamental. COMHISSIONER BERRY: Well, probably. Well, see, that's my point. You know, I think everybody -- I don't think anyone in the county anymore doesn't realize that Brazilian pepper and melaleuca are a -- a key problem. That's my point of let's key -- let's key in on something that is a problem and some of these others, unless they are truly, as Commissioner Constantine said, a problem, I -- I just -- I have much concern over that. CHAIRMAN HANCOCK: I think the result is going to be something in the area of prioritization; take those that are required removal. Then you have a secondary list of those that are illegal to plant or planting them would be vi -- or selling them would be a violation of County Code. I think we can do something like that and focus on the true troublesome ones while still restricting the addition of -- of others. I would encourage either Commissioners Constantine or Berry to work with our -- our Development Services staff or maybe go through Development Services Advisory Committee to -- to formulate something and bring it back for Board review. COMHISSIONER CONSTANTINE: I'll be happy to do that. There's two reasons, two kind of catalysts for that. One is the -- the -- I remember the explanation at our last public hearing when we had that was that they used a specific example of some tree that dropped its seedlings and around were many sprouts. I think of the oaks in front of my house in New England and if we hadn't mowed the lawn, I'm sure other Oaks would have sprouted, too, and on occasion you would have little one-inch sprouts. But if you mow your lawn and maintain it, then it doesn't become a problem. And -- and that's just nature. A tree is going to drop seeds and plant other trees and -- and that doesn't necessarily in and of itself make it invasive. The other thing is our list is getting so long and so extensive that when we talk about people trying to build a home, we've got $6,000 in impact fees. We're looking at the potential of adding more and then we add to the requirement list so many things that have to be removed, you can be at ten or 15 or $20,000 expended before you even start any construction. And I just think for a lot of people who are in that 80 or hundred thousand dollar house, it's making it impossible for them to get into that house. CHAIRMAN HANCOCK: Okay. I think we have a direction on that? Okay. I don't have anything. Item #15A UPDATE RE PUBLIC WORKS ADMINISTRATOR CANDIDATES - DISCUSSED Mr. McNees, anything? MR. McNEES: Just one item for your information. Much like the county manager selection, we're zeroing in on the selection for a new public works administrator. We are down to two external candidates. I believe the interviews for those folks will be scheduled by the end of this week. And we have three good internal candidates and expect to have a recommendation to you, hopefully, by the end of April at the latest. CHAIRMAN HANCOCK: How about MPO? MR. McNEES: MPO, Mr. Guiterro (phonetic) is on the verge of making an offer. CHAIRMAN HANCOCK: Okay. Mr. Weigel, anything? MR. WEIGEL: No, nothing, thank you. CHAIRMAN HANCOCK: Miss Filson, can we go now? Thank you. The meeting is adjourned. ***** Commissioner Norris moved, seconded by Commissioner Mac'Kie and carried 4/0 (Commissioner Constantine out), that the following items under the Consent Agenda be approved and/or adopted: ***** Item #16A1 OFFSITE HAULING OF EXCESS MATERIAL UNDER EXCAVATION PERMIT NO. 59.597, "NAPLES DODGE" ON THE EAST SIDE OF AIRPORT-PULLING ROAD, BOUNDED BY PINE RIDGE INDUSTRIAL PARK AND PINE AIR LAKES CHANGE FROM PRIVATE TO COMHERCIAL - WITH STIPULATION Item #16A2 RESOLUTION 97-191 PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF THE REPAIR OR DEMOLITION OF A DANGEROUS OR HAZARDOUS BUILDING FOR CODE ENFORCEMENT CASE NO. 60606-049; OWNER: BEULAH HAE COLEMAN Item #16A3 APPROVAL OF RECORDING THE FINAL PLAT OF PELICAN BAY BEND Item #16A4 RESOLUTION 97-192 GRANTING FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF TIMBER RIDGE UNIT TWO AND AUTHORIZE RELEASE OF THE MAINTENANCE SECURITY Item #16A5 WATER FACILITIES ACCEPTANCE FOR TEMPLE SHALOH - WITH CASH BOND AND STIPULATIONS OR BOOK PAGES Item #16A6 WATER FACILITIES ACCEPTANCE FOR ST. GEORGE ONE, PHASE II - WITH LETTER OF CREDIT AND STIPULATIONS OR BOOK PAGES Item #16A7 - Continued to 4/8/97 Item #16B1 CONSTRUCTION AGREEMENT WITH NAPLES NATIONAL GOLF CLUB FOR ACCESS IMPROVEMENTS IN THE AMOUNT OF $70,806.50 WITH C.R. 951 FOUR LANING IMPROVEMENTS UNDER BID NO. 95-2320 Item #1682 REAL ESTATE PURCHASE OPTION AGREEMENT FOR ACQUISITION OF THE HELl PROPERTY TO MEET SOUTH FLORIDA WATER MANAGEMENT DISTRICT PERMIT MITIGATION REQUIREMENTS FOR THE NAPLES LANDFILL Item #1683 ACCEPTANCE OF SURETY BONDS SUBHITTED PURSUANT TO CONTRACT 96-2588 BY SOVEREIGN CONSTRUCTION GROUP FOR UTILITIES-RELATED REPAIRS AND IMPROVEMENTS IN THE RIVIERA COLONY SUBDIVISION Item #16D1 AWARD OF SURPLUS BID #597-2648 FOR TWO SURPLUS GENERATORS TO R.B. GROVE FOR THE CUHMINS DIESEL POWERED ELECTRICAL GENERATOR AND DIXIE SUPLUS INTERNATIONAL FOR THE CATERPILLAR TRAILER MOUNTED DIESEL POWERED ELECTRICAL GENERATOR Item #16D2 SATISFACTIONS OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATERAND/OR SEWER SYSTEM IMPACT FEES Item #16D3 SATISFACTION OF LIEN DOCUMENTS FILED AGAINST REAL PROPERTY FOR ABATEMENT OF NUISANCE Item #16D4 SATISFACTION OF LIEN DOCUMENTS FILED AGAINST REAL PROPERTY FOR ABATEMENT OF NUISANCE Item #16D5 BUDGET AMENDMENT TRANSFERRING $19,000 FROM MOTOR POOL CAPITAL RECOVERY TO THE GENERAL FUND FOR TURBOHECA ENGINE CORPORATION AS THE SOLE SOURCE VENDOR TO OVERHAUL THE FAILED MODULE ON THE COUNTY HELICOPTER Item #16El BUDGET AMENDMENT FOR THE RENTAL OF PORTABLE PUMPS TO DIVERT STORMWATER FROM THE CLAM BAY SYSTEM DURING THIS SUHMER'S RAINY SEASON AND AUTHORIZATION TO INCREASE THE CONTRACT WITH AKERHAN, SENTERFITT & EIDSON, P.A. IN THE AMOUNT OF $15,000 Item #16E2 BUDGET AMENDMENTS 97-167; 97-201; 97-205; AND 97-214 Item #16G1 CERTIFICATES OF CORRECTION AS PRESENTED BY THE PROPERTY APPRAISER'S OFFICE 1995 Tangible Personal Property No. Dated 80 3/14/97 1996 Tangible Personal Property 64-65 3/14/97 66-69 3/19 - 3/20/97 1993 Real Property 252-253 3/17/97 1994 Real Property 215-216 3/17/97 1995 Real Property 271 3/17/97 1996 Real Property 123 3/17/97 Item #1662 HISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED The following miscellaneous correspondence as presented to the Board of County Commissioners has been filed and/or referred to the various departments as indicated: Item #16H1 EXECUTION OF A LETTER ACCEPTING THE RESPONSIBILITY THAT THE BOARD OF COUNTY COHMISSIONERS WILL SERVE AS THE LOCAL COORDINATING UNIT OF GOVERNMENT IN THE STATE OF FLORIDA'S DEPARTMENT OF COHMUNITY AFFAIRS' ANTI-DRUG ABUSE ACT FORMULA GRANT PROGRAM Item #1611 STIPULATED SETTLEHENT AGREEHENT BETWEEN FLORIDA DEPARTHENT OF ENVIRONMENTAL PROTECTION AND COLLIER COUNTY, FLORIDA, FOR THE PURPOSE OF SETTLING DOAH CASE NO. 96-5660RP, WHEREIN THE COUNTY HAS CHALLENGED PROPOSED ADOPTION OF A RULE THAT WOULD APPLY A WATER VESSEL "SLOW SPEED" ZONE THROUGHOUT ROOKERY BAY There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11:35 a.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL TIMOTHY L. HANCOCK, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK These minutes approved by the Board on as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY ROSE M. WITT, RPR