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BCC Minutes 06/17/1997 R REGULAR MEETING OF JUNE 17, 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 9:06 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: ALSO PRESENT: Timothy L. Hancock Pamela S. Hac'Kie John C. Norris Timothy J. Constantine Barbara Berry Robert Fernandez, County Hanager David Weigel, County Attorney Item #3 AGENDA AND CONSENT AGENDA - APPROVED AND/OR ADOPTED WITH CHANGES CHAIRMAN HANCOCK: Good morning. Going to call to order the June 17 meeting of the Board of Collier County Commissioners. This morning -- I'm sorry. I apologize, I didn't get your name ahead of time. COMMISSIONER BERRY: Reverend Harold Brown. CHAIRMAN HANCOCK: Reverend Harold Brown, is it? Reverend Brown, thank you for being here this morning with us. If I could ask you to grace us with the invocation followed by the pledge of allegiance. REVEREND BROWN: Our Father, we thank you for the day. We thank you for the gift of the day. We thank you for health and strength and daily food. And as we deliberate today to think of the letter of the law, we also thank you for your endowing us with compassion and understanding for all segments of those who are under the law. So bless us with your guidance, and we thee thank. Amen. (The pledge of allegiance was recited in unison.) CHAIRMAN HANCOCK: Reverend Brown, thank you for taking the time to be with us this morning. We appreciate it. REVEREND BROWN: Sorry I have to leave early. I have a funeral. CHAIRMAN HANCOCK: Well, we're sorry, too. MR. FERNANDEZ: Mr. Chairman. CHAIRMAN HANCOCK: Yes, Mr. Fernandez. MR. FERNANDEZ: While we're handing out sorties, I'd like to add mine. I recognize it was my responsibility to let you know the name of the reverend that's here this morning for the invocation, and I neglected to do that, so my apologies. CHAIRMAN HANCOCK: Well, the first week in the chair, you're allowed one mistake. And I'm afraid that was it this morning, Mr. Fernandez. REVEREND BROWN: The fact is that the Lord knows all our names. COHMISSIONER HAC'KIE: Good cover. CHAIRMAN HANCOCK: Brought into perspective quickly by the one man of knowledge in the room. Thank you. What changes do we have this morning, Mr. Fernandez? I'm looking at only one on our sheet, and it's one that -- that I'm a little surprised at, an item being advertised to be heard at 1:00 p.m. today. MR. FERNANDEZ: Yes. Mr. Chairman, that -- it's not really a change. I'm just calling it to the board's attention that in anticipation of a full agenda this morning, the cable franchise issue from Marco Island Cable, Incorporated, was advertised at time certain for one o'clock, and given the length of your agenda, it's entirely possible that the meeting won't go that long, so you may want to decide how to handle it. CHAIRMAN HANCOCK: I think in -- since it was advertised at one o'clock, the proper thing to do would be to have it at the end of our regular agenda today which may be as close to one o'clock as we're going to get, but I do have a concern. This is the first I've seen of any time certain and whomever was responsible for -- for making that advertisement needs to know that this board sets those time certains and that I should be consulted before that is done, because I would have liked -- I certainly wouldn't want to have a meeting that ends at ten o'clock in the morning and then keep people around for two or three hours waiting on a hearing. So I donlt like the way this was done. So if you could find out which -- which part of our staff prepared it in that manner, I would appreciate that. MR. FERNANDEZ: Iill make sure we take care of it in the future. CHAIRMAN HANCOCK: And itls done a little out of order -- MR. FERNANDEZ: Yes, sir. CHAIRMAN HANCOCK: -- so weill hopefully correct that. Are there any other changes, Mr. Weigel? MR. WEIGEL: Thank you. In regard to that item thatls advertised for one olclock, if we move off the one olclock date, it may be problematic in the sense that being formally advertised for one, certain parties or individuals, citizens or business entities may be looking at that one olclock date as the time at which this matter will be heard. COMMISSIONER CONSTANTINE: Mr. ~eigel, is one alternative, then, to continue the item for a week? MR. ~EIGEL: That would be -- that would be in the realm, certainly. COMMISSIONER NORRIS: Thatls what I would suggest to do because this deals really with the franchise to a private company who might be challenged by another private company, and hearing the issue early might give them something to argue about, so Iill recommend that we continue it. COMMISSIONER BERRY: Second it. CHAIRNLAN HANCOCK: Continue for one week not time certain. It will follow in the regular set schedule of the agenda. COMMISSIONER NORRIS: Time certains are the prerogative of the chairman, not the staff. And I think thatls the way we need to handle it from now on. CHAIRNLAN HANCOCK: I would appreciate that. I donlt like being surprised at nine olclock in the morning with a schedule change like that. So we have one amendment to the agenda. MR. FERNANDEZ: I have no others. CHAIRMAN HANCOCK: No others, Mr. Fernandez. Commissioner MacIKie? COMMISSIONER MACIKIE: I have nothing. CHAIRMAN HANCOCK: Commissioner Norris? COMMISSIONER NORRIS: No. CHAIRMAN HANCOCK: Commissioner Berry? COMMISSIONER BERRY: No. CHAIRMAN HANCOCK: Commissioner Constantine? COMMISSIONER CONSTANTINE: No changes. CHAIRMAN HANCOCK: One item under communications for me. But other than that, no changes. COMMISSIONER NORRIS: Then Iill make a motion that we accept the agenda and consent agenda with changes as noted. CHAIRMAN HANCOCK: Okay. COMMISSIONER CONSTANTINE: Second. CHAIRMAN HANCOCK: Motion and a second. Any discussion? All those in favor signify by saying aye. Opposed? (No response.) CHAIRMAN HANCOCK: Seeing none, Mr. ~eigel, did we procedurally table that correctly for next week by just approval of the agenda and consent agenda? MR. WEIGEL: You did -- you did just fine as far as that goes. In regard to the specific item scheduled for one o'clock, yes, that's taken care of. CHAIRMAN HANCOCK: Okay. I just wanted to make sure, again, procedurally we didn't give somebody something else to argue about. Item #4 MINUTES OF REGULAR MEETING OF HAY 21, 1997 AND SPECIAL MEETING OF HAY 27, 1997 - APPROVED AS PRESENTED COMMISSIONER NORRIS: Mr. Chairman, I make a motion that we approve the minutes of May 21, 1997, special meeting and the May 27, 1997, regular meeting. COMHISSIONER HAC'KIE: Second. CHAIRMAN HANCOCK: Motion and a second. All those in favor signify by saying aye. Opposed? (No response.) Item #5C1 PRESENTATION BY DIANE FLAGG, CELEBRATING THE SHOWCASING OF EHS CHAIRMAN HANCOCK: Seeing none, we unfortunately have nothing to proclaim and no awards to give this morning, but we do have -- COMHISSIONER CONSTANTINE: There's no joy in Mudville. CHAIRMAN HANCOCK: There's no joy in Mudville, thank you. We do have a presentation to the board by Miss Diane Flagg celebrating the showcasing of EMS. Good morning, Miss Flagg. MS. FLAGG: Good morning, Commissioners. Today we'd like to celebrate with you the achievements of the Collier County emergency medical services department who was recognized by the State of Florida EHT and Paramedic Association. The Collier County EHS department was selected by the statewide association to represent EHS systems throughout Florida. Our organization was featured on the cover of their statewide magazine with an accompanying cover page article. Our mission is to provide world class emergency services in a cost effective and efficient manner. And this mission is made possible through the continued support of the county commissioners and our community members. I would now like to present to you the article that was sent throughout the State of Florida to organizations. CHAIRMAN HANCOCK: I'm going to have to build a new wall now. MS. FLAGG: Commissioners, on behalf of the emergency services department, we thank you for your support. CHAIRMAN HANCOCK: Thank you, Ms. Flagg. Now what do I do with it? Again, thank you to you and all the folks in EHS and keep up the good work. From the Phoenix Awards to the competition that your folks volunteer for every year and do quite well in, we're very appreciative of all of the efforts of the personnel in EHS. Thank you. Item #8A2 REPORT ACCEPTED REGARDING COLLIER COUNTY 2020 TRANSPORTATION NEEDS ASSESSMENT RE-EVALUATION PRESENTATION BY DAVID PLUHMER & ASSOC., INC. We are to item 8(A)(1), deleted. 8(A)(2) is the Collier County 2020 transportation needs assessment teevaluation presentation. The HPO recently heard this 2020 assessment, passed it but there was some discussion afterwards. And I'll try and provide you the benefit of that discussion at the conclusion of the report. Miss Cacchione, are you kicking off? MS. CACCHIONE: Yes. CHAIRMAN HANCOCK: Okay. MS. CACCHIONE: For the record, my name is Barbara Cacchione with your comprehensive planning staff. I'd like to just make a few points for clarification before Mr. Plummet gives his report and Ken Heatherington from the MPO would make his report. First off, the board directed us to send to the MPO a change order to pay for a look at our need -- 2020 needs assessment. In the area that's described as green on the map behind me is the agricultural property that we looked at a reduction of density. So what's reflected in the study before you today is a reduction of density in the area identified as agricultural on the map to my right at one unit per five acres, which represents about a hundred thousand drop in population. And that's the premise. There were no other changes to the model. The socioeconomic data didn't change. The other premises in the 2020 needs assessment didn't change. The only factor that was changed was reducing the density in the agricultural area. And with that I'll turn it over to Mr. Plummet -- excuse me, Mr. Talone. MR. TALONE: Good morning. My name is Ronald Talone. I'm with David Plummet and Associates. We're the transportation planning consultant for the MPO. In November of 1995 the MPO accepted the 2020 needs assessment as the basis for the development of a 2020 financially feasible plan. As you may recall, that 2020 needs assessment included several six-lane facilities, two new Gordon River bridge crossings, and three expressways. We showed an expressway on Golden Gate Parkway, also a State Road 951 -- County Road 951 expressway, and a Livingston expressway. The expressways are shown in red as well as 1-75. And in addition the needs assessment included several potential grade separations. Our firm was recently asked to reevaluate this needs assessment assuming a reduced population forecast for 2020. And using the Collier County model and plus revised zonal data that's provided to us by the MPO staff, we completed this evaluation and provided our findings in a report which I believe is included in your packet. The teevaluation assumed an approximately 18 percent reduction in the household population in the county. All other assumptions remained the same. First we performed an initial model assignment for the purpose of trying to determine what the effects of a reduced population might have on travel characteristics in the county. We note -- first we noted that the vehicular miles of travel in Collier County declined by about 9 percent. This resulted in a delay due to congestion -- a reduction in delay due to congestion of approximately 15 percent in overall improvement or increase in travel speed of something over one percent. We then wanted to take a look to see how the volumes declined on a road segment basis. In this exhibit (indicating) we've noted substantial reductions in traffic volumes in red and other significant reductions in traffic volumes in yellow. And we found that the traffic volumes were reduced generally throughout the urban area, and in particular the volumes decreased in the northeast and along the County Road 951 corridor. So this initial test confirmed that it would be possible with the reduced population forecast to consider reductions in what was shown in the original needs assessment. So we then performed several additional travel model assignments to identify appropriate reductions in that network. We've indicated reductions in the number of lanes in red, and we used yellow to signify that we had -- we've shown all three of the expressways that were originally in the needs assessment as major arterials rather than expressways. In addition we dropped the proposed 1-75 interchange at Vanderbilt Beach Road. The interchange at Golden Gate Parkway is still in the network that we are testing. And we eliminated one of the two Gordon River bridge crossings -- new river crossings, the north Gordon River bridge. And in addition, as you can see, several -- on several roadways, the number of lanes was reduced. The resultant needs assessment is provided here, and that was included in your report. And we wanted to point out one thing about the needs assessment, is that even though the analysis has indicated that a much reduced needs assessment would be possible with the lower population forecast, that there still may be the need for grade separations at several key intersections. We think this due to a number of factors. COHMISSIONER CONSTANTINE: Sorry to interrupt you. I need you to go back to the last display for a minute if you would. MR. TALONE: Yes, sir. COHMISSIONER CONSTANTINE: You indicated -- we can see that several roads have been -- the number of lanes on several roads have been decreased. Is that the red lines or -- MR. TALONE: The red lines. COHMISSIONER CONSTANTINE: That's where it's become four instead of six or -- MR. TALONE: Generally, yes. Six to four or four to two. Primarily it was a two lane reduction. There's a more -- there's a more extensive list in your report. This is basically a graphic display of information that's provided in a table in the report. And the table goes into specifics as to what the lane changes were. COHMISSIONER CONSTANTINE: Thank you. MR. TALONE: Okay. As I was noting, we still show the need for potential grade separations at a number of locations, and we think there's a number of factors that are behind this. For one, the Collier County road network consists of a few widely spaced arterials, and this is especially true with regards to east-west arterials west of the interstate. Also we noted that three major arterials more or less dead end at major cross streets. For example, Goodlette-Frank Road ends in the north at Immokalee Road. Livingston Road ends in the south in the proposed network at Radio Road. And Radio Road, of course, dead ends at Airport Road. And what this does is this creates discontinuities in the roadway network, forcing traffic volumes to divert one way or the other rather than being able to proceed continuously in a certain direction. We wanted to point out that the revised needs assessment was developed for comparison purposes only. It should not be considered a recommended needs assessment. And the reason for this is that the roadway service volumes that we used in the plan update and in this study are no longer supported by the Florida Department of Transportation. We've had discussions with the HPO staff about working towards updating the service volumes that are being used by the HPO. Also, Lee County recently approved a future 2020 roadway network for Bonita Springs that is considerably different in some ways than what was used for the need -- original needs assessment and in this comparative study. So a comprehensive update of a needs assessment should consider both of those factors. And in conclusion, we wanted to note that despite improvement in the operating conditions and reductions in the number of lanes, etc., that are needed in the -- in the needs assessment, there are still some level-of-service problems. In particular two roadway segments in all the assignments we do still tend to show problems, and those are north Tamiami Trail from Immokalee Road north to Old 41, and east Tamiami Trail from Airport Road to Rattlesnake. And in both of these instances, these are roads where several other roads have converged and there's a bottleneck situation. In the case of north Trail, it's a case where both Tamiami Trail and Goodlette traffic tend to converge and go north on Tamiami Trail. And in the south -- in the case of the east Trail segment, you have Tamiami Trail and Airport Road converging and all that traffic continuing down towards Rattlesnake. And in addition, we mentioned, as before, the major intersections, we do still see problems at some of those. Therefore, we've concluded that land use revisions alone may not provide the highway network preferred by the county. We've offered a number of suggestions for further consideration by the MPO and the county. Among these, corridor studies should be performed to determine the feasibility of extending Goodlette-Frank Road north of Immokalee Road and extending Livingston Road south of Radio Road. This was recommended in the 2020 financially feasible plan that further -- that a corridor study be performed to test both of those possibilities to see if they are feasible. In the past we've presumed they are not feasible in the planning, and it probably ought to be established more definitively whether that's the case. Second, the city and county should establish an expanded network of collector roads to try to divert traffic away from major intersections in the problem segments. Another thing that could be considered is adjustment in the level-of-service standards. One would be to consider reducing the level-of-service standard on specific roadway segments. The county's already used this technique in a number of cases to show LOS-E for some roadways instead of LOS-D as a standard. Another possibility would be for the community to consider level-of-service standards based on year-round traffic conditions rather than peak season traffic conditions. I do have to point out that that would probably require some working out of things with DCA and other regulating agencies. Also, Naples and Collier County should implement the annual congestion management system to optimize the operational efficiency of the existing and future roadway networks. At this time, I would like to ask if there's any questions. CHAIRMAN HANCOCK: I'll go ahead and at least give those of you that were not at the MPO meeting the benefit of the discussion because I think we had a very good one following this. And this is not directed at necessarily the consultant or at our staff, but it's concerned me for several years that every time we go through this exercise of the 2020 transportation plan and we see what the result is and we don't like it, that we all grouse and whine about it and then we approve it and move on because we feel like we don't have any option. I think there are two reasons why we continue to make what I think is a mistake in that regard. And the first is that there are alternatives that we have not directed our staff and our staff has really not taken the initiative to explore more greatly, and I'll express one of them. If you have ever been driving south on Airport Road and you've gone to the movie theater over there, there's a road called, I think, Naples Boulevard that was built privately. What is has become -- it has become a way to avoid the intersection of Airport and Pine Ridge, and it's used quite heavily for that reason. It's in essence a broadened concept of a traffic -- it's a way to avoid an intersection. Host of these things -- the intersections where we see there are going to be problems with traffic, it's because of one or two individual turning movements. At the HPO what I suggest is we identify those with most restrictive turning movements and begin looking now at how we can provide an alternative route for that turning movement. If you know going southbound to westbound a roadway is going to be a two-light delay, if you're given another option a quarter mile up the road, you're going to take that option. It's human nature and it makes sense. But we really haven't approached intersection analysis from that standpoint. We've looked at lights. We've looked at additional lanes. It's those kinds of transportation planning things we need to really begin looking at now. I think the second thing that caused me concern is if you look at -- and the one area that keeps coming to mind is the area between U.S. 41 and future Livingston Road and -- bordered on the north by Lee County, on the south by Immokalee Road. That is a huge tract of yet to be -- for the most part yet-to-be-developed properties. All are upland. All are going to probably explode when the university opens, yet we look inside that area and I see nothing. I see no two-lane roads. I see no grid type system. I see us perpetuating the same mistakes we've made in the rest of the county in that area. There's another area in East Naples that I think lends itself in a smaller part to that same application. I guess my point is that we're continuing down the arterial collector system in the same wayward manner we have in the past. We're continuing to perpetuate the same problems we've experienced in the past with our road system. And we need to direct our staff and the consultants associated with our roadway transporta -- our transportation system to become critical thinkers and find a better way of handling and delivering the traffic than what we're doing now. If the standard is a two-lane roadway every mile then, by God, let's build a two-lane roadway every mile wherever we can now. Let's secure the right-of-way sooner rather than later. There's a roadway shown on here that's a second Gordon River bridge -- COHMISSIONER CONSTANTINE: You know, that one sentence is going to be tomorrow's headline regardless of anything you say here. COHMISSIONER HAC'KIE: That was a big if. That was a hypothetical if. CHAIRMAN HANCOCK: If I worried about that, I'd just shut up. The second Gordon River bridge that's shown here loops northward to Livingston Road, and that looks good on this map. But if you look at an aerial, you'll see the homes that that roadway goes through. COHMISSIONER HAC'KIE: This is not realistic. CHAIRMAN HANCOCK: And that's something this county hasn't done before. We haven't condemned homes to build roads. But here we have a 2020 map that shows a roadway going through people's homes. Now, these are the kind of things that I think we need a more critical approach to, and we're not getting it done this way. I'm working on something individually that hopefully will dovetail with this, but that's several months off in the future at the earliest. But the HPO was very encouraged, and Norm Feder actually is researching grant possibilities because he said that discussion was one of the first times that has been had at an MPO that he's aware of, that you're going to that next step, you're not just putting it on paper, but you're looking at the creative options to traffic management. And so Mr. Feder is going to be getting back with me on if there are grant options out there, money that we can tap in a state fund that'll help us research some of these things. But I guess I wanted to get us thinking along that path now if it's agreeable to this board, because I just -- this isn't where we want to go and this isn't the solution, so let's find out what is. COMMISSIONER MAC'KIE: I couldn't agree with you more, and the only hesitation I have is whether we ought to even accept this report or if we ought to ask -- you know, to send it back and say come back with something, you know, incorporating some of these innovative changes. CHAIRMAN HANCOCK: Well, this is exactly what we asked them to do. COHMISSIONER HAC'KIE: I understand. CHAIRMAN HANCOCK: Just to take the reduced number and give us what it -- show us what the system looks like, so they've done what we asked to do, and it's better than what we had. So the question of accepting it is -- I think it's the next step. I think we need to -- to really work hard on what that next step is and design a transportation system that we want, determine what population it can serve, and move ahead in that direction instead of reacting and getting this kind of system. COHMISSIONER HAC'KIE: And that's what -- I've been talking about that in the community a lot, and people are calling it an aesthetically feasible transportation system, and I kind of like that. But I think that's exactly what we've got to do. And what I wonder is -- I guess the place to be watching for this is in the budget discussions. Is there money in the budget -- let's be sure that there is -- to facilitate exactly this kind of work, because this is probably one of the most important things we're going to be doing. CHAIRMAN HANCOCK: It's not going to happen overnight, but I think we need to start that -- start that process now. COHMISSIONER HAC'KIE: I agree. CHAIRMAN HANCOCK: Commissioner Norris. COHMISSIONER NORRIS: Well, Mr. Chairman, I'm very happy to see this little discussion item this morning because this is the first tangible evidence put down in documentary form that shows the benefits of the work that we've been doing over the last few years in taking actions to reduce the ultimate build out of population here in Collier County. We all have known for some time that we've been making progress, but it seems like a lot of our citizens don't know. They still keep hearing numbers being bandied about, such as 800,000 or 600,000, and you know, it's just not realistic. The actions that we have taken -- right here on this document say four twenty-nine. That's a little higher than we've been hearing, but we have other -- other techniques that we're going to employ to keep bringing this number down. But the benefit there that we are looking at over the long term is we've eliminated these three expressways and the need for one of the two Gordon River bridges, if ever. CHAIRMAN HANCOCK: Was eliminated. COMMISSIONER NORRIS: The lessening of the number of lanes on some of these roads that will be expanded in the future. I mean, all of these things are what the citizens have been asking for for ages, you know, keep it down, keep it down, keep it down. Well, we're doing that, and this is evidence that we are doing that and we're accomplishing that and we're making headway. And I'm sure glad to see it, and I hope we get some recognition through the media about this because this is exactly what our citizenry has been asking for many years. CHAIRMAN HANCOCK: Agreed. Commissioner Constantine. COMMISSIONER CONSTANTINE: I concur, and I agree with Commissioner Hancock that while we need to tweak and do some more hands-on planning, more proactive, I agree wholeheartedly with you that to look at -- and the number you mentioned, the 429,000, I think the most recent numbers this board has actually gone over is three eighty-nine or three eighty-six, so it would be even smaller. But to look with this number at how many lanes are eliminated from what has traditionally been the 2020 plan, and as you said, Commissioner Norris, if we continue to lower that number, then these only get smaller. So I think sometimes it's a little scary to look at that 2020 plan and see everything four-laned or everything six-laned, and reality says very clearly now that's not the way it's going to be. CHAIRMAN HANCOCK: What I'm looking to do is not to take the approach that if we can build more roads, that population can go up. That's not the focus. The focus to me is to determine what you want as a roadway system. One thing that was mentioned by the consultant -- I think he had to give us the list of things that we could consider, but one was adjusting the level of service; that gets a big no from me. COMMISSIONER MAC'KIE: Giant no. CHAIRMAN HANCOCK: People's quality of life they seem to determine on the roadways first and foremost day to day. And I think when you're sitting in traffic, your opinion of growth in this community changes dramatically. If you hit two light cycles, you know, we've grown too fast. If you hit all green lights, we're doing a good job. And it's amazing how that fluctuates with the traffic cycles. So adjusting a level of service to a point that we allow a greater level of congestion to me is not an option. I think the options we have to look at are those -- those physical features of the roadway system that are desirable versus those that are undesirable and pursue the first. That has got to be -- and people are saying more smaller roadways. We hear it all the time. So let's look critically at those areas where we can -- right now we could have large tracts of undeveloped land. We have common property owners that share a section line that if a roadway goes through, it benefits everyone. We have a lot of those types of options to look at, but it's a little more proactive, a little more detailed approach. I think that's where our staff, our MPO staff -- and the reaction at the MPO was rather good I thought. I think they were -- they were probably excited at first and then realized just how much work we were throwing on them. But I think that's what we construct to expect -- or should expect from our staff, to give us those options. There are going to be costs associated with them, but let's know that going in. Better to have a quality roadway system at a little higher cost than to have a congested roadway system that fits the projected budget. And that's my opinion. I know it's never popular to spend money, but I think that would be good money. One thing people need to see is -- everyone was talking about grade separations. This plan at 429,000, which we believe is still a little higher than what we'll experience in the year 2020, has no grade separations in it, no flyovers, which I think is probably the single biggest element that scared people; so I was really grateful to see that. We went from -- what was it -- a half dozen or more flyovers to only -- to all at grade intersections. I mean, I think that's significant. MR. TALONE: Well, I do need to point out that we have concluded that there's a potential for some -- for grade separations at a number of intersections. That has been -- CHAIRMAN HANCOCK: Potential meaning the intersections are operating near capacity or slightly over. COMMISSIONER MAC'KIE: At 2020. CHAIRMAN HANCOCK: At 2020. MR. TALONE: At 2020. Well, the way -- the conclusions are, first, that we've reduced those by about half, the loc -- the sites where we show potential grade separations. And also because you have the reduced population, the point in time at which you might achieve those levels of volumes are going to be much later, of course, than they would have been with the original population forecasts. CHAIRMAN HANCOCK: This is -- COMMISSIONER NORRIS: The one sure way to change the character of our community is start putting overpasses in. COMMISSIONER MAC'KIE: Not going to do it. COMMISSIONER NORRIS: As long as I'm on this board, you ain't going to see any. Let's put it that way. COMMISSIONER CONSTANTINE: I was up looking at the midpoint bridge project in Lee County, and while it's very impressive from a design standpoint, it's nothing we want in our community. COMMISSIONER NORRIS: No, it's not. CHAIRMAN HANCOCK: Unfortunately what an engineer would consider impressive our community probably doesn't from a roadway standpoint, so this whole area is kind of a pet project I'm working on a committee with. So hopefully we'll be able to assist the MPO staff in bringing back something in the next twelve months that will give us a different look at transportation, but I think this is a good start. Mr. Arnold. MR. ARNOLD: Wayne Arnold, planning services director. I'd just like to clarify one point and just remind the board that this whole study was predicated on the agricultural properties that we currently have in the urban area remaining at near those rural densities to perform this analysis to determine what kind of impact that had. We fully believe that a full needs assessment needs to be completed to really determine the full benefits of doing that. But I think that it's important to remind the board and the public that what this contemplated was essentially taking that urban density from those agricultural parcels currently within the urban boundary. CHAIRMAN HANCOCK: Agreed. And since -- and I'm glad you brought that up. Because when I heard that I remember that being listed as one option as we were talking about the overall growth issue, not that the board had decided that that would be a change to our Growth Management Plan. We've seen the effects of that option, but the bottom line to me is there's still 429,000 projected population in the year 2020 on this roadway system. What we're going to have to do -- and I think we're going to have to get some help on the roadway system -- is get more options on ways to disseminate traffic through smaller roads a little closer together, other options, combine that with some of the land use options we had been looking at until we come up with a match, till we come up with what we are looking for in a roadway system and a population that that will serve. When we get there, that's what -- that's what I thought planning was all about. So that's the goal. The key to me is the population number. I appreciate that statement, Mr. Arnold. Are there any further questions of staff or of the consultant on this? Okay. Since this is not a formal adoption, it doesn't necessarily, I think, need board action. I think it's just a report. Mr. Fernandez, do we have speakers? MR. FERNANDEZ: Mr. Chairman, you do have three speakers. CHAIRMAN HANCOCK: Okay. Let's go to the speakers then. MR. FERNANDEZ: The first is Richard Yovanovich. MR. YOVANOVICH: Good morning, Commission, Rich Yovanovich with the law firm of Roetzel and Andtess. We represent the residents of Wyndemere, and basically the residents of Wyndemere are encouraged by the discussions that are going on regarding the county's transportation network and have always taken the position that the county should build roads when the roads are needed. The only critique we have of this 2020 needs assessment is -- and with the first needs assessment is the level -- or the service volumes used for the roadways which are no longer endorsed by the state. We would just propose when you go to the next level and do the needs assessment, that the county establish what service volumes they want to use for designing its needs assessment and then we go from there. I believe that's in the process right now of deciding what those service volumes would be. But I would really like to discourage the county from spending any more money on needs assessments until we have service volumes that we all can live with and then base our network from there. CHAIRMAN HANCOCK: Agreed. I think that stemmed from the Wyndemere discussion where we were getting different sets of numbers, and we asked at that time that we boil it down to one set of numbers that everyone agrees upon rather than which numbers are we using this week. So I would assume that's going to happen when this comes back. MR. YOVANOVICH: Thank you. CHAIRMAN HANCOCK: Thank you, Mr. Yovanovich. MR. FERNANDEZ: The next speaker is Ty Agoston. Hope I got the pronunciation correct. MR. AGOSTON: Good morning, ladies and gentlemen. My name is Ty Agoston. I live in Golden Gate Estates. I am speaking for myself. You are all familiar with the current planning for the expansion of Golden Gate Boulevard and the absolute cumbersome process of acquiring right-of-ways that belatedly came to conclusion that we need more space. And I believe a planning process such as this is invaluable if it's overestimating rather than underestimating. For you to acquire land today will cost a fraction of what it will cost my grandson to acquire it 20 years from today. So I would encourage rather than to talk about reducing lanes, to acquire sufficient land as you plan for the future so our children don't have to pay. I was part of meetings where people wanted to charge a thousand dollars a tree on a piece of land they probably paid a thousand dollars for the five acres. So I think you should keep that essentially very close to your vision that we are all selfish, and if we are in a position down the road to get more money than we are entitled to, we will take it; so we should buy the land and plan for the maximum and thank God if you won't need it. Thank you very much. CHAIRMAN HANCOCK: Thank you, Mr. Agoston. MR. FERNANDEZ: The next speaker is Dr. Faye Biles. DR. BILES: Good morning. I am Faye Biles, president of the Marco Island Taxpayers' Association. And I just want you to know that reading this report I think everybody on Marco breathed a big sigh of relief because we were facing a six-lane Marco Island expressway from 75 to Marco, as you remember, with flyovers at every intersection including 41. Now, my question was I -- when I did read here that there is still potential need for grade separations, can anybody tell me are any of those on 951 on the way to Marco? CHAIRMAN HANCOCK: Yes. 951 and U.S. 41 is indicated as a potential, which means that's an at grade intersection that will be at or near capacity based on this plan. DR. BILES: Right. Okay. Then if you'll turn to the map on page 13, there's a very heavy line coming off of 41 and I assume going to Hanatee Road there. CHAIRMAN HANCOCK: Right. That's an eight-lane. DR. BILES: That's an eight-lane? Now, does that mean a flyover or just eight lanes coming on to 9517 CHAIRMAN HANCOCK: That means just eight lanes. And as you know, Faye, that's -- state road is FDOT. But, no, that means eight lanes from U.S. 41 south to Hanatee and then six lanes continuing from there to the island. DR. BILES: Six lanes or four lanes? CHAIRMAN HANCOCK: I read it as six lanes. DR. BILES: No. I thought that was reduced to -- Isn't that on the map, 951 reduced to four, I thought. CHAIRMAN HANCOCK: Let's let the consultant take a look at that. I believe it's indicated as six lanes based on the map I have. DR. BILES: Can you clarify that for us Mr. -- Because originally it was six lanes but I thought reading this it was reduced to four. COHMISSIONER HAC'KIE: The map looks like 6. DR. BILES: Six? MR. TALONE: I think we still show six down to the bridge. DR. BILES: So it's still going to be a six-lane expressway to Marco Island. COHMISSIONER NORRIS: Maybe we need a point of clarification. The terminology here it's -- sometimes causes a problem. A needs assessment is what would it take to make everything work as well as possible in an ideal world if money was not a consideration. DR. BILES: Yeah. COHMISSIONER NORRIS: Okay. What really controls the real world, though, is what's called a financially feasible plan. It won't look like this. DR. BILES: Right. COHMISSIONER NORRIS: Okay. So the needs assessment is not necessarily reality; that's the main point you need to understand. DR. BILES: Yes. I understand that because way back when we had the first and second plan. But I thought this whole expressway type of thing was going to be deleted and so I was thrilled to death, but now it's still going to be six lanes. COHMISSIONER NORRIS: Well, that's -- you can have six lanes without it being an expressway. DR. BILES: Okay. COHMISSIONER HAC'KIE: But just for my vote, what this tells me is what kind of roads we would have to build if we allow the population to continue to grow as we expect it to under the current regulations. DR. BILES: Right. COMMISSIONER MAC'KIE: And all this says to me is big red flags continue to wave about what we need to do to reduce the densities so that we avoid -- so that we develop this aesthetically feasible traffic plan. DR. BILES: I just have to remind you that there's just one bridge going over to Marco Island, and I suspect that within the next ten years we'll have a second bridge, maybe four lanes. But six lanes converging into two lanes on Collier, ow. I think we ought to look at that plan. CHAIRMAN HANCOCK: Well, if I know the FDOT, it'll probably be four lanes for a long time. Thank you, Dr. Biles. Any other speakers, Mr. Fernandez? MR. FERNANDEZ: No, Mr. Chairman. CHAIRMAN HANCOCK: Okay, seeing none -- what I'm encouraged by -- and, Commissioner Norris, you brought up a very good point. We have -- we're finally seeing some of the fruits of the last several years that you and Commissioner Constantine and more recently the other three of us have sat on the board. And each little project that comes in and we beat them over the head about density time and time again will eventually result in a reduction in this type of plan. And I think that's a point that is lost on a lot of people, that each little 10-acre project, each 500-acre project, each thousand-acre project where the density comes down just a hair results in an improved situation for our roadway network. So we'll need to keep that -- that ship running smooth as best we can. Are there any other questions for staff on this matter? Okay. Then we'll just accept the report, and we'll go to the next item. Item #8A3 BUDGET AMENDMENT IN THE AMOUNT OF $340,400 TO ESTABLISH THE METROPOLITAN PLANNING ORGANIZATION (MPO) BUDGET FRO GRANT YEAR 1997-98 - APPROVED CHAIRMAN HANCOCK: Item 8(A)(3), a -- imagine this, a budget amendment request to establish the MPO budget for grant year '97-'98. MR. HEATHERINGTON: Mr. Chair, members of the board, Mr. Fernandez, good morning. My name is Ken Heatherington. I'm the recently appointed transportation manager and MPO coordinator for the Naples-Collier Metropolitan Planning Organization. Good morning, and I'm pleased to be here. The budget amendment request is an annual event to have our budget coincide with the state's fiscal program and the county's budget cycle year. As you can see, the total amount is $340,400. COMMISSIONER NORRIS: Mr. Heatherington. MR. HEATHERINGTON: Yes, sir. COMMISSIONER NORRIS: Could I interrupt you just for a second? MR. HEATHERINGTON: Yes, sir. COMMISSIONER NORRIS: Motion to approve. COMMISSIONER MAC'KIE: Second. CHAIRMAN HANCOCK: Any discussion? Any speakers, Mr. Fernandez? MR. FERNANDEZ: None. CHAIRMAN HANCOCK: Seeing none, all those in favor signify by saying aye. Opposed? (No response.) COHMISSIONER NORRIS: I was quite convinced by Mr. Heatherington's overwhelming presentation there so I would just -- CHAIRMAN HANCOCK: Just so you know, Mr. Heatherington, we're not always that easy. MR. HEATHERINGTON: Nice to start that way. I look forward to the opportunity to work with you. Item #SB1 BUDGET AMENDHENT NECESSARY TO IHPLEHENT A PROJECT BUDGET FOR THE IHMOKALEE BEAUTIFICATION MAIN STREET MASTER PLAN ON STATE ROAD 29 - STAFF RECOHMENDATION APPROVED CHAIRMAN HANCOCK: Thank you. Item 8(B)(1) under public works, to obtain board approval of a required budget amendment necessary to implement a project budget for Immokalee beautification and Main Street master plan. Good morning, Mr. Bobanick. MR. BOBANICK: Good morning, Commissioners. My name is -- for the record my name is Dave Bobanick, interim transportation director. Staff is requesting board approval of a budget amendment and authorization to create a project budget for the Immokalee Beautification Streetscape master plan. On December 17th of 1996, agenda item 8(B)(2) was approved which approved a loan of $275,000 to the Immokalee Beautification HSTU for the Immokalee Beautification -- Main Street Beautification project. This was subsequently reviewed by the attorney's office, and they determined that the ordinance that set up the HSTU requires a payback in two years. CHAIRMAN HANCOCK: When in fact it would take about five years based on the uncommitted funds on an annual basis. MR. BALDANI: Yes. Based on the revenue, they could not make this kind of a commitment, and staff then worked with the advisory committee and developed a scaled down project of about $421,800 that could be added to at a later time. At issue also is a $100,000 lighting contribution by FDOT as part of the project. Staff recommends approval of the scaled down project and necessary budget amendments to move the money from reserves. CHAIRMAN HANCOCK: Okay. As I read this -- and correct me if I'm wrong -- it's not really additional funds; it's still a loan amount, but it's to a smaller phasing project so that it can be paid back in the appropriate time frame. MR. BALDANI: No. It doesn't consider a loan amount at this time. It's using the existing money that they have in the reserves. CHAIRMAN HANCOCK: Okay. So we tried to do the loan over a two-year period but that's just not possible due to the uncommitted funds; so they're saying, well, let's do it at our own pace with our own funds. MR. BALDANI: Right. And with the opportunity, perhaps, to come back to the board at a later time and again request a loan perhaps in a smaller amount. CHAIRMAN HANCOCK: Okay. Does anyone have any questions of Mr. Baldani? Do we have any speakers on this, Mr. Fernandez? MR. FERNANDEZ: No, we do not. CHAIRMAN HANCOCK: Seeing none, is there a motion? COMHISSIONER BERRY: I move for approval. CHAIRMAN HANCOCK: Motion for approval of staff's recommendation. COMHISSIONER CONSTANTINE: Second. CHAIRMAN HANCOCK: And a second. Any discussion? All those in favor signify by saying aye. Opposed? (No response.) CHAIRMAN HANCOCK: Motion carries four to zero. (Commissioner Norris not present for the vote.) CHAIRMAN HANCOCK: Thank you, Dave. Item #BE1 PUBLIC HEARINGS FOR THE ADOPTION OF THE FISCAL YEAR 1997-98 COLLIER COUNTY BUDGET TO BE HELD ON WEDNESDAY, SEPTEMBER 3, 1997 AND WEDNESDAY, SEPTEMBER 17, 1997 We're to Item 8(E)(1) under county manager to establish public hearing dates for adoption of the 199 -- COHMISSIONER CONSTANTINE: Mr. Chairman, I make a motion we adopt the proposed dates in the staff summary. COHMISSIONER HAC'KIE: Second. CHAIRMAN HANCOCK: Mr. Smykowski and Mr. Fernandez, anybody want to talk us out of that? Anything to add to that, Mr. Smykowski? It's just to adopt the dates as I read it. MR. SHYKOWSKI: Just to adopt the dates. This is actually a courtesy item, because the school board has -- Hike Smykowski, budget director. The school board has first priority in setting dates, and they opted for September 16th for their final public hearing. The county is second on the priority list in terms of setting the dates and then all subsequent -- all the balance of the taxing authorities within the county set their dates following our selection. COHMISSIONER CONSTANTINE: Mr. Chairman, Commissioner Berry has indicated she has a problem with Thursday, September 4th. I might suggest we change that to Wednesday, September 3rd and our final hearing still on Wednesday, the 17th. CHAIRMAN HANCOCK: Is that a conflict with the school board, Mr. Smykowski? MR. SHYKOWSKI: No, sir. In fact, that is the first date allowed by statute for the first public hearing, September 3rd. CHAIRMAN HANCOCK: Okay. So, Commissioner Constantine, are you wishing then to amend your motion on the September 4th date to September 3rd? COHMISSIONER CONSTANTINE: That is correct. COHMISSIONER HAC'KIE: Second amends. CHAIRMAN HANCOCK: Second amends. Anything further, Mr. Smykowski? MR. SHYKOWSKI: No, sir. CHAIRMAN HANCOCK: Seeing none, I'll call the question. All those in favor signify by saying aye. Opposed? (No response.) CHAIRMAN HANCOCK: Mr. Smykowski, thank you very much. MR. SHYKOWSKI: Thank you. Item #9A RESOLUTION 97-275 CALLING A REFERENDUM ELECTION BY AMIL BALLOT TO BE HELD ON AUGUST 28, 1997, WITHIN THE TERRITORIAL BOUNDARIES OF THE PROPOSED CITY OF MARCO ISLAND AS DESICRIBED IN HOUSE BILL 1729 TO DETERMINE IF THE QUALIFIED ELECTORS RESIDING WITHIN THE TERRITORIAL BOUNDARIES OF THE PROPOSED CITY OF MARCO ISLAND APPROVE HOUSE BILL 1729 CREATING A CITY OF MARCO ISLAND AND PROVIDING FOR ITS CHARTER - ADOPTED CHAIRMAN HANCOCK: To Item 9(A), county attorney's report, resolution calling a referendum election by mail ballot. This is the Marco Island cityhood vote again. COHMISSIONER NORRIS: Motion to approve. CHAIRMAN HANCOCK: Do we have -- do we have any speakers, Mr. Fernandez? MR. FERNANDEZ: We have none. CHAIRMAN HANCOCK: Okay. We do have a motion to approve on the floor. Is there a second? COHMISSIONER CONSTANTINE: Second. CHAIRMAN HANCOCK: Motion and a second. Any discussion? Seeing none, all those in favor signify by saying aye. Opposed? (No response.) CHAIRMAN HANCOCK: Seeing none, motion carries five, zero. Item #10A RESOLUTION 97-276 APPOINTING DIANE WILLIAMS TO THE LIBRARY ADVISORY BOARD - ADOPTED We are to Item 10, Board of County Commissioners. Item 10(A) is appointment of member to the Library Advisory Board. The resignation was Hiss Hartha Gordon from commission district five. We have two applicants. Barbara Berry, have you been contacted by either applicant or have a preference one way or the other on this? COHMISSIONER BERRY: Diane Williams. CHAIRMAN HANCOCK: Okay. Can you do that in the form of a motion then? COHMISSIONER BERRY: I move that we appoint Diane Williams to the Library Advisory Board. COHMISSIONER CONSTANTINE: Second. 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 very much. Item #10B RESOLUTION OPPOSING THE ARMY CORPS OF ENGINEERS ENVIRONHENTAL IHPACT STUDY - CONTINUED TO JUNE 24, 1997 We're up to Item 10(B). Before starting any staff presentation on this, I received a phone call from Colonel Rice's office last week, and I got the opportunity to return it and discuss with his assistant this item. They were extremely concerned about the position the board had taken, and I'll give you the benefit of that phone conversation. I certainly wasn't of a mind-set to let them off the hook and expressed to the young lady that I had two very serious concerns. One is that an EIS is being proposed that would carry with it regulations affecting the people in Collier County. And this board was never notified, asked about, or consulted on any aspects of this EIS. In fact, we've been left in the dark and given the mushroom treatment by the Army Corps of Engineers. I didn't appreciate it. This board didn't appreciate it, and part of what she was saying was simply a reaction to the fact that they think they can come in and affect our residents and we're just going to stand idly by and watch it happen. So I think she understood clearly that we were not real pleased with that take on things. The second thing was that the only thing we had seen to date, which was provided by other sources, was that in the interim before the study was completed they were going to affect individual rights, whether they be property rights or development rights, without any substantial reasoning that's been presented. Again, what I was told was that the whole focus is to streamline the process for permitting and that all of this other has been talked about and discussed but is not really the focus of the study. Her request was that we continue this for one week since Colonel Rice will be in town the 21st through the 24th and will have the opportunity to speak to each of us if you should wish. I did tell her we had budget discussions next week and that would be difficult. There is a meeting 10 a.m. in Fort Myers under the sustainable South Florida heading that Colonel Rice will be explaining the EIS on the -- I believe it's Tuesday, that morning of our meeting. And Commissioner Norris, as the chairman -- apparently their mailing list is a little out of date -- received a letter dated June 16th telling us about this meeting on Tuesday, which is our board meeting day, and asking if we could send someone to attend. I did tell Colonel Rice's office that I would req -- ask the board to consider a continuation of one week for the simple reason that one of two things will happen; either we will be more specific in our rejection of their concept, or we would determine that there's a better course of action to take for our residents. What concerned me is they've received hundreds of letters from businesses in Collier and Lee County and it took this board saying we're going to adopt a resolution saying we oppose this for us to get a phone call. I don't like the way that that's done. I think it's a little disingenuous now, but I personally would rather know exactly what the content of the study's going to be so that we can list our objections specifically as opposed to a general objection. That's the only motivation I have for continuing the item. COHMISSIONER CONSTANTINE: I concur with you wholeheartedly. I don't mind waiting a week, but I maintain my objection. We have several levels of bureaucracy that we already need to go through permitting. I'm not sure I agree or accept that they're going to streamline the process. It's just a general distrust of government. And, Commissioner Norris, you said last week about the irony of Congress and virtually all elected bodies trying to bring decisions back to the local level, and here's a federal bureaucratic group involving themselves in local issues. And I just don't think we need the federal government meddling. So I don't mind waiting another week and finding the specifics out so we can be more specific in our objection, but I'll be amazed if I -- I'll certainly listen to what they have to say, but I'll be amazed if they change my mind. CHAIRMAN HANCOCK: Are there any further comments? One of two things will happen. We either need to hear this item today and adopt the resolution or adopt a modification or table the issue for -- continue the item -- I'm sorry -- for one week. And I did express to his office that if it is continued, the resolution will appear in its current written form on our agenda next week and at that time will be acted on either with modifications or with the denial if everyone is just fully convinced that this is for the greater good. I think they've got their work cut out for them in doing that. Is there a desire from the board before we go into this matter further? COHMISSIONER NORRIS: Let's -- I think we're going to have some speakers. Let's here what they -- they may have some different -- MR. FERNANDEZ: I have one. CHAIRMAN HANCOCK: Okay. We do have one registered speaker, Mr. Fernandez? MR. FERNANDEZ: Yes, sir. CHAIRMAN HANCOCK: Let's hear from that individual. MR. FERNANDEZ: Mr. Whit Ward. MR. WARD: Thank you, Commissioners. My name is Whit Ward. I represent the Collier Building Industry Association, and I certainly appreciate the position that you're taking here today. I would tell you this. I've never been anywhere or heard any time of -- after the Army Corps of Engineers coming in and doing a study that when they left people were more pleased than they were before they came in. It does trouble me that a large federal government agency wants to -- to help us out and -- and we have those decisions -- the ultimate decisions will be made by the Army Corps of Engineer in a room that we're not in with discussions that we're not privy to and with a final result that we have no input in or if we don't like, no chance to change it; that concerns me, especially when the reason they're doing it is they think we're not doing a good enough job in governing ourselves. And so I, too, share your concerns. I certainly appreciate your -- your position. One of the things that I would like to reiterate and then I'll sit down is that while the Army Corps of Engineers will tell you they do not interrupt the permitting process, they do review every permit during the time they're conducting the study. And while they may not reject the permits or call a moratorium, they don't process the permits. And we have been told those studies can last anywhere from -- depends on who you talk to -- I've heard as little as 18 months to 2 years and as long as 23 years quoted from people. So that's a concern that we have. While there may not be an intent here to create a moratorium, if you hold the baby under the bath water too long when you're washing them, they drown. Thank you. COHMISSIONER NORRIS: Mr. Ward, did I understand you to say they do not process the permits at all? In other words, they will just hold them until the study is finished; is that what you said? MR. WARD: That's my understanding from what I have read and -- that's correct. And the reason is that if they -- now, they may let some one or two single-family permits in Golden Gate through or something of that nature, but my understanding of the reasoning is that if they ultimately decide on a restriction or a program and they have let a permit through, it may not comply with their ultimate restrictions and so they just -- while they're in the process of determining what those restrictions are, they just don't process the permits. CHAIRMAN HANCOCK: This is the same organization that we had to wait three weeks to get someone down to stand ankle deep in mud in Clam Bay to determine manatees don't live there. So the opportunity to apply regulation fairly from the federal level to the local -- local level has not proven itself capable in my opinion. So I think -- you know, I have no problem waiting seven days to get more information on this. And I would -- I would prefer that we do that simply because at this point none of us likes what we're seeing. We're on the defensive, I think, because of the manner in which this has been brought forward and the lack of input from residents and affected people in Collier County and the lack of input from this board; so I would like to see this continued for one week so we can get a little more information and hopefully be more specific in our stand on this. MR. WARD: Thank you. CHAIRMAN HANCOCK: Mr. Ward, thank you. Do we have another speaker, Mr. Fernandez? MR. FERNANDEZ: Yes, sir. Mr. Chairman, we do have another speaker. Mr. Ty Agoston wants to speak on this one as well. CHAIRMAN HANCOCK: Okay. COMMISSIONER CONSTANTINE: Commissioner Hancock, you made the point that there's been no contact with the county and I think that just -- MR. AGOSTON: Morning, ladies and gentlemen. My name is Ty Agoston. I live in Golden Gate Estates. And I am in no way connected to this county financially. I don't own any property that gets affected by the Army Corps of Engineers, and the only reason I actually came up here -- because after listening to you, you already have a -- what I consider a favorable response of this whole initiative of the Army Corps of Engineers. But knowing the media, responding to the gentleman just before me, is someone commercial who's trying to exploit the environment and exploit whatever else large businesses normally exploit. So consequently I want it to be known that I am not financially involved. I'm a private citizen, and I still don't think that the Army Corps of Engineers should be coming in here telling the local government how to deal with a strictly local problem. Thank you very much. CHAIRMAN HANCOCK: Thank you, Mr. Agoston. Is that it for public speakers, Mr. Fernandez? MR. FERNANDEZ: Yes. CHAIRMAN HANCOCK: Okay. We have a couple of options available to us. What's the pleasure of the board? COMMISSIONER CONSTANTINE: Motion to continue the item for one week. COMHISSIONER MAC'KIE: Second. CHAIRMAN HANCOCK: We have a motion and a second. Is there any discussion? Seeing none, all those in favor signify by saying aye. Opposed? (No response.) Item #10C BONFIRE TO BE HELD ON JUNE 28, 1997 FROM 5:00 P.M. TO 10:00 P.M. AT VETERAN'S PARK CHAIRMAN HANCOCK: Thank you. We're to Item 10(C), discussion of bonfire at Veteran's Park. And I saw your name on this, and I think we're on parallel courses but we do have some folks here; it'll probably make it real simple for them. COHMISSIONER CONSTANTINE: Yeah. Mr. Chairman, this is a courtesy item. The sheriff's department is interested in doing some things with youth nights so they inquired about bonfire, and I suggested we put it on here. I know we have some legal impediments, hurdles we need to jump. But if you want to come up and tell us what you-all want to do, and I think Mr. Olliff can tell us some of the problems we may face. CHAIRMAN HANCOCK: And this is Deputy Abreu? DEPUTY ABREU: Yes, sir. CHAIRMAN HANCOCK: You didn't ride your bike down here, did you? DEPUTY ABREU: No, sir. CHAIRMAN HANCOCK: Okay. And you're avoiding all the sand, I understand, now? DEPUTY ABREU: Yes, sir. My name is Deputy Abreu. I'm employed with the sheriff's office in Collier County. The reason why we're here is there was a bonfire several months ago out at Sugden Park. The sheriff told Ernie Gaglin, another deputy, that he would like to see the same event in north Naples. We're doing the same exact event. As a matter of fact, it's all family oriented, has a lot of kids games in it. One of the attractions we had is a bonfire, which we were told we couldn't have any more, and that's why we're here. But Sugden Park is having another bonfire this night, so I guess it's selective, you know, banning, I guess. I don't know. But we have -- we have the fire marshal from North Naples Fire Department here. He's willing to give us a permit for the bonfire. He's sent trucks to stand by. There's a fire hydrant real close to the bonfire site, so I really think it's a good idea. CHAIRMAN HANCOCK: We're confident the North Naples Fire Department can handle a bonfire. We're very confident in their capabilities. The date of the event is? DEPUTY ABREU: June 28th from 5 to 10. CHAIRMAN HANCOCK: Five to ten. It's a family oriented event. It's a way to get to know the -- I believe it's -- the cops' moniker -- a lot of the -- DEPUTY ABREU: Getting to know the public, yes. CHAIRMAN HANCOCK: -- deputies on foot, on bike. DEPUTY ABREU: Yes, we're going to be on bike. We're going to have a lot of the different departments in our agency there on display. We have many other sponsors sending in clowns and things like that for the children. CHAIRMAN HANCOCK: Okay. Mr. Olliff, anything to add on this? MR. OLLIFF: Unfortunately, yes. For the record, Tom Olliff, public services administrator. The only difficulty we have is that this -- the bonfire that was held at Sugden Park was held before that property was actually rezoned to a park. It was still under the residential PUD zoning. There is both a state special act and a local county ordinance that both have the same language that prohibits fires in the county parks except on cooking grills. And that's the difficulty that we've had in being able to approve the bonfires. We certainly support the idea of the bonfires and the community events -- COHMISSIONER CONSTANTINE: A really big grill. COHMISSIONER HAC'KIE: Big grill. COHMISSIONER NORRIS: If the sheriff's department would supply marshmallows, I think we could certainly -- MR. OLLIFF: If we want to be creative and put a grill underneath the bonfire, I think we can probably work our way around this -- COHMISSIONER HAC'KIE: A little hibachi under there. MR. OLLIFF: -- and bring to you hopefully some language that can amend that special act at a later date. CHAIRMAN HANCOCK: I was going to say let's do two things. Let's find a way to comply in the first part; and the second part, let's address the language in the future. Because this is something that's becoming really attractive to the community, and it's something that can be done very safely. You know, the fire departments get involved, and it's a good idea; so I'd like to find a way to -- in particularly county parks to allow for this. MR. OLLIFF: It's something that we would like to incorporate into some of our youth nights, and now they've found a way to maybe interpret this correctly, we'll be able to do that on some of our -- COHMISSIONER HAC'KIE: Good. COHMISSIONER NORRIS: I think the community is certainly showing a burning desire to have this -- CHAIRMAN HANCOCK: Oh, God. On that note, Deputy Abreu, you may want to go get a couple 55-gallon drums, cut them in half, lay them on the bottom to make your grill. But, Mr. Olliff, if you will help him work with that. MR. FERNANDEZ: We'll make a note of this for presentation for our legislative package for next year to make a change in that special act to see if we can get this taken care of. COHMISSIONER HAC'KIE: Great. CHAIRMAN HANCOCK: Please do. I'm sure we'd have no problem getting that one sponsored. Deputy Abreu, thank you. Are there any speakers on this, Mr. Fernandez? MR. FERNANDEZ: Yes, Mr. Chairman. We have two others. We have Mr. Ernest Gangl. CHAIRMAN HANCOCK: Are you the man with the match, Mr. Gangl? MR. GANGL: Good morning, Commissioners. I'll just give an overview of COP, community oriented policing. It's our duty to work with the neighborhood watch programs, the civic association programs, and the main purpose of this picnic is to get all the groups together for the North Naples district and any other districts that wants to participate. It's to get them together, to get them familiar with what the county wants to do as far as the gang situation, the drug situation. We're also trying to find different things throughout the county for the young kids, and this is the best way we feel that we can do it with the community oriented policing project. If we do it throughout the year -- and hopefully this will be a continuous project over the years, we can make our communities better. Thank you. CHAIRMAN HANCOCK: Thank you. MR. FERNANDEZ: We have another one, Mr. Chairman. Mr. Carl Reynolds. CHAIRMAN HANCOCK: First we have the man with the match; now the man with the bucket of water. MR. REYNOLDS: Good morning, Commissioners. I believe we're going to be the ones with the match and the bucket of water. Carl Reynolds, fire marshal of North Naples. Just wanted to let you know that we are going to be standing by for the whole event. We will be there at the beginning all the way to the end of it. So other than that I think you pretty much covered -- CHAIRMAN HANCOCK: I understand you're also going to have fire equipment and stuff for the kids to get a look at. MR. REYNOLDS: We'll have engines and ladders and clowns and everybody else there so -- COMMISSIONER MAC'KIE: Fine. CHAIRMAN HANCOCK: Sorry I'm going to be out of town. Mr. Olliff, have we given -- I know it's a little murky -- but fairly clear direction to find a way to help this happen and then we'll -- with Mr. Fernandez leading the legislative delegation, we'll work with the local language. MR. OLLIFF: I think we can interpret it the correct way to make this event happen. CHAIRMAN HANCOCK: Thank you very much. We, I believe, need a motion on -- well, it's a discussion. Actually, I don't think a motion -- permits on motions are not necessary as I read it. COMMISSIONER NORRIS: No. CHAIRMAN HANCOCK: Okay. COMMISSIONER NORRIS: Staff has direction. CHAIRMAN HANCOCK: Sufficient direction has been given. Okay. Thank you. We're to public comment on general topics. Mr. Fernandez, do we have any additional speakers registered? MR. FERNANDEZ: No, Mr. Chairman. CHAIRMAN HANCOCK: Seeing none, we'll move on to the afternoon agenda at 10 a.m. I love that. The only item on the afternoon agenda, 12(C)(1), has been continued; so we are down to BCC and staff communications, Board of County Commissioners. Commissioner Hac'Kie. COHMISSIONER HAC'KIE: Just -- what I hope is not a touchy subject, but I was going to ask a question. And if you guys want to continue this for discussion later. Apparently there is confusion about the applicant to the utility board, whether or not he pays the -- he's a ratepayer in the system. And I wondered if the people who were under that misconception have now gotten enough information to want to change that. I'd just like to leave that out there since apparently it was our mistake. CHAIRMAN HANCOCK: I don't think we can -- since we can't take any action on this part of the agenda, though, that has got to come back to us for the appointment anyway. So I think we've all received information and phone calls and so forth. COHMISSIONER NORRIS: I believe Hiss Filson readvertised that; didn't you, Hiss Filson? MS. FILSON: I'm going to readvertise as soon as the ordinance is amended. COHMISSIONER NORRIS: That was the board direction, to readvertise. COMHISSIONER MAC'KIE: I just wonder if that expense is necessary if we're operating under a misconception that now has been corrected. COMMISSIONER NORRIS: I think it's necessary now that we've given the direction. CHAIRMAN HANCOCK: That person can still reapply, and we can deal with it that way. I just -- I think it's a procedural issue at this point. COMMISSIONER CONSTANTINE: And when we advertise, that's primarily done through press release, isn't it? So there's no expense associated. COMMISSIONER MAC'KIE: Oh, good. It's not an actual advertisement. Okay. CHAIRMAN HANCOCK: Okay. Commissioner Norris. COMHISSIONER NORRIS: No. CHAIRMAN HANCOCK: Commissioner Berry. COMHISSIONER BERRY: Nothing. CHAIRMAN HANCOCK: Commissioner Constantine. Item #14A DISCUSSION REGARDING UPCOMING BUDGET HEARINGS COMMISSIONER CONSTANTINE: Two items. One, we have all our budget hearings coming up. I have my annual cut list. One of the things I found very helpful last year was each of us just kind of assembled some of the big items we thought maybe didn't need to be there. And I know there were some of those anyway that at least three people agreed on at the start, and it just saved us some time. CHAIRMAN HANCOCK: I start with Commissioner Norris' salary this year. COMMISSIONER CONSTANTINE: There's general agreement on that. I assume all of you have been working on your budget yourself, too, but if anybody has those lists, maybe during the budget hearings we can make those available and just -- I know that was very helpful in last year's. CHAIRMAN HANCOCK: As long as we initial them. COMHISSIONER CONSTANTINE: There you go. COMMISSIONER BERRY: It's not in writing. Item #14B MPO MEETING TO BE HELD AUGUST 8, 1997 COMMISSIONER CONSTANTINE: The second item is our MPO is scheduled -- its August meeting is scheduled for the 22nd, which is a week we are in recess. To keep the schedule for the Transportation Disadvantaged proposal that's been put out there, we need to meet prior to the 13th, I think, is when the state hears it. I wondered if there'd be any objection to moving that back to August 8th? CHAIRMAN HANCOCK: I don't have a problem with it. Why don't we -- COMHISSIONER NORRIS: I'll be glad to return from Tahiti just for that meeting. CHAIRMAN HANCOCK: But since the Transportation Disadvantaged is something -- I know, Commissioner Constantine, you've been very intimately involved with, I think you'd represent the board well. If we can get -- do we have at least a majority of the board that is available on that date, the 8th? Okay. If you would ask for the MPO to make that request of Councilman Van Arsdale as the chairman. COHMISSIONER CONSTANTINE: Will do. COHMISSIONER BERRY: Mr. Chairman, where is the -- they were talking about changing HPO meeting. Have you heard any -- has there been any word come to you on that? CHAIRMAN HANCOCK: Actually they asked that each mem -- and thank you for reminding me. I almost forgot about that. They asked that each member of the commission give available windows on when -- or possible dates and -- COHMISSIONER HAC'KIE: Okay. COHMISSIONER BERRY: Okay. CHAIRMAN HANCOCK: -- that will be considered at the next HPO meeting. COHMISSIONER CONSTANTINE: My hope is we don't alter that too much. We've had that discussion a couple of times. And for five years we've had it at the same time. And I've kind of crafted my schedule of doing different things different days, and Fridays are set aside for -- in the morning but HPO in the afternoon, and I don't want to have to try to retool everything if we move that to a Wednesday or to -- CHAIRMAN HANCOCK: Well, the intent clearly is to exclude you. COHMISSIONER CONSTANTINE: Great. Great. As long as we know that up front. CHAIRMAN HANCOCK: No. Actually that was one of the things I brought up is that some people had -- but there are other windows that maybe we can pursue. But we'll know that, I guess, now on August 8th instead of August 22nd. Anything further? COHMISSIONER CONSTANTINE: That's all. Item #14C COUNTY ADMINISTRATOR TO SELECT APPROPRIATE STAFF MEMBER TO ATTEND THE CORPS OF ENGINEERS ENVIRONMENTAL IMPACT STUDY MEETING AT 10:00 A.H. ON JUNE 24, 1997 CHAIRMAN HANCOCK: Okay. For me, the hollow invitation to attend a 10 a.m. meeting next Tuesday -- COMMISSIONER CONSTANTINE: There's only 48 counties that meet on Tuesdays. I'm sure -- CHAIRMAN HANCOCK: Only 48. Since no one from this board can attend and we'll be hearing the resolution in the afternoon because of that meeting -- the resolution will be heard after twelve noon that day, if there is a member of our staff that we think is appropriate to attend and -- you know, I'm just asking if we want to direct Mr. Fernandez to have a staff member attend that. COMMISSIONER MAC'KIE: I would like to have a staff member there. COMMISSIONER BERRY: Staff member. CHAIRMAN HANCOCK: That's my feeling, too. And whoever is most appropriate, we'll leave that to the county administrator. COMHISSIONER NORRIS: Send Mr. Olliff or Mr. McNees. COMMISSIONER MAC'KIE: Or Mr. Cautero. I mean, it's up to Mr. Fernandez I'd say. CHAIRMAN HANCOCK: Why don't we leave that up to Mr. Fernandez to determine who is most appropriate. MR. FERNANDEZ: Thank you. I'll figure it out. CHAIRMAN HANCOCK: Okay. He's going to draw straws and the short straw has to go, so look out folks. Okay. And let's see. Okay. That's all that I had. Item #15A DISCUSSION REGARDING SETTING TIME CERTAIN FOR ITEM #12C1, THE APPLICATION FOR A CABLE FRANCHISE SUBMITTED BY MARCO ISLAND CABLE, INC. Mr. Weigel, anything? MR. WEIGEL: Well, Mr. Fernandez and I noted that on 12(C)(1), heard earlier today and continued earlier today, that, in fact, brought to our attention the ordinance itself for this type of matter does, in fact, specify a time certain. It's just a question of getting a good time certain that works for the board. So I would request especially if the board open up 12(C)(1), that its continuance be for the time certain that it directs in the morning of next week perhaps, you know, at ten -- COHMISSIONER CONSTANTINE: Mr. Chairman, I would suggest ten o'clock or as close thereto as we can, and that way if we're a little before or a little after, then that's fine. CHAIRMAN HANCOCK: Okay. We have a motion to amend the continuation of 12(C)(1) to a time certain of ten o'clock. COHMISSIONER NORRIS: Second. CHAIRMAN HANCOCK: Motion and a second. Any discussion? All those in favor signify by saying aye. Opposed? (No response.) CHAIRMAN HANCOCK: Seeing none, thank you, Mr. Weigel. Mr. Fernandez, your first -- first complete meeting in the chair. MR. FERNANDEZ: The county attorney just stole my thunder. CHAIRMAN HANCOCK: Okay. MR. FERNANDEZ: I didn't have anything else I was going to bring up. CHAIRMAN HANCOCK: Miss Filson, are we done? MS. FILSON: We are finished. CHAIRMAN HANCOCK: We are done. We're adjourned folks. Commissioner Norris moved, seconded by Commissioner Constantine, and carried unanimously, that the following items under the Consent Agenda be approved and/or adopted: ***** Item #16A1 APPROVAL OF THE RECORDING OF THE FINAL PLAT OF "PELICAN HARSH UNIT FIFTEEN" - WITH LETTER OF CREDIT, CONSTRUCTION AND MAINTENANCE AGREEMENT AND STIPULATION Item #16A2 APPROVAL OF THE RECORDING OF THE FINAL PLAT OF "PELICAN HARSH UNIT SIXTEEN" - WITH LETTER OF CREDIT, CONSTRUCTION AND MAINTENANCE AGREEMENT AND STIPULATION Item #16B1 CONTRACT TO CONSTRUCT REUSE SYSTEM UPGRADES TO SERVE LAKEWOOD SUBDIVISION, BID NO. 97-2669 - AWARDED TO DOUGLAS N. HIGGINS, INC., IN THE A_MOUNT OF $1,269,550.00 Item #1682 WORK ORDER FOR PROFESSIONAL ENGINEERING SERVICES TO AGNOLI, BARBER & BRUNDAGE, INC., FOR SUNNILAND MINE ENTRANCE STRUCTURE REPLACEMENT, ORDER NO. ABB-FT97-1, PROJECT NO. 31702 - IN THE A_MOUNT OF $19,650.00 Item #1683 AUTHORIZATION FOR A REDUCTION IN THE CONTRACT RETAINAGE FOR C.R. 951 IMPROVEMENT PROJECT, BID NO. 95-2320 PRIOR TO FINAL PAYMENT - IN THE AMOUNT OF $97,367.24 Item #1684 CONTRACT FOR THE SITE DEVELOPMENT OF SUGDEN PARK AT LAKE AVALON, BUD NO. 97-2670 - AWARDED TO BONNESS, INC., IN THE AMOUNT OF $706,221.00 Item #16C1 LEASE AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER MODEL AERONAUTIC CLUB, INC. Item #16C2 BUDGET AMENDMENT IN THE A_MOUNT OF $25,000.00 FROM PARKS GENERAL FUND CAPITAL (306) PROJECT #80081, AND AUTHORIZATION FOR CONSTRUCTION OF A NEIGHBORHOOD PLAYGROUND IN THE COPELAND AREA AND STAFF AUTHORIZED TO ENTER INTO A MAINTENANCE AGREEMENT WITH RESIDENTS OF COPELAND FOR THE ON-GOING MAINTENANCE OF THE FACILITY ONCE COMPLETED Item #16C3 AUTHORIZATION FOR THE COLLIER COUNTY SCHOOL BOARD TO PROVIDE PREPARED FOOD FOR THE SUHMER FOOD SERVICE GRANT PROGRAM Item #16D1 BUDGET AMENDMENT FOR REPLACING THE WINDOWS IN THE CUPOLA ON THE ROOF OF THE MUSEUM ON CAMPUS - IN THE AMOUNT OF $3,000.00 Item #16D2 REPORT TO THE BOARD OF COUNTY COHMISSIONERS ON THE ONE BID RECEIVED FROM THE ADVERTISEMENT TO SELL THAT SURPLUS REAL PROPERTY FORMERLY KNOWN AS THE LANDFILL EXPANSION PROPERTY - BID RECEIVED BY COLLIER GOLF AUTHORITY, INC. AS NON-RESPONSIVE AND FORMAL REJECTION OF THE BID SUBMITTED WITH NO FURTHER DIRECTION AT THIS TIME Item #16D3 BID #97-2661 FOR ELEVATOR MAINTENANCE AND REPAIRS - AWARDED TO MONTGOMERY KONE, INC., IN THE ESTIMATED ANNUAL AMOUNT OF $37,850.00 Item #16D4 BID #97-2671 FOR A STOCKLESS WAREHOUSE OF OFFICE SUPPLIES FOR COLLIER COUNTY - AWARDED TO MARCO OFFICE SUPPLY AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D5 RESOLUTION 97-274, APPROVING THE SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS Item #16D6 SATISFACTION OF LIEN DOCUMENTS FILED AGAINST REAL PROPERTY FOR ABATEMENT OF NUISANCE Item #16D7 BUDGET AMENDMENT TO APPROPRIATE THE MAINTENANCE SERVICES REVENUES THAT ARE IN EXCESS OF THEIR BUDGET Item #16D8 BUDGET AMENDMENT RECOGNIZING CHANGES TO EXPENSES AND REVENUES IN FLEET MANAGEMENT FUND (521) Item #16G1 MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED The following miscellaneous correspondence as presented by the Board of County Commissioners has been directed to the various departments as indicated: Item #16H1 RECOHMENDATION THAT THE BOARD OF COUNTY COHMISSIONERS SERVE AS THE LOCAL COORDINATING UNIT OF GOVERNMENT AND EXECUTE THE LOCAL APPLICATION FORM DOCUMENTS FOR THE U.S. DEPARTMENT OF JUSTICE LOCAL LAW ENFORCEMENT BLOCK GRANTS PROGRAM Item #16H2 PRESENTATION TO THE BOARD OF COUNTY COHMISSIONERS OF THE STATE REVENUE SHARING APPLICATION FOR FISCAL YEAR 1997-98 AND TO OBTAIN APPROVAL FOR THE CHAIRMAN TO SIGN THE APPLICATION Item #1611 SETTLEHENT OF A CONTRACT DISPUTE BETWEEN COLLIER COUNTY AND P & H CONSTRUCTION CORP. INVOLVING THE CONSTRUCTION OF MAX A. HASSE, JR. COHMUNITY PARK AND AUTHORIZATION FOR THE CHAIRMAN TO SIGN ALL NECESSARY SETTLEMENT DOCUMENTS There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:20 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 DEBORAH PETERSON