BCC Minutes 11/18/1997 RREGULAR MEETING OF NOVEMBER 18, 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 9:00 a.m. in REGULAR SESSION in Building
"F" of the Government Complex, East Naples, Florida, with the
following members present:
ALSO PRESENT:
CHAIRMAN:
Timothy L. Hancock
Pamela S. Mac'Kie
John C. Norris
Timothy J. Constantine
Barbara Berry
Robert Fernandez, County Administrator
David Weigel, County Attorney
Item #3
AGENDA AND CONSENT AGENDA - APPROVED AND/OR ADOPTED WITH CHANGES
CHAIRMAN HANCOCK: Good morning. I'd like to call to order the
Tuesday, November 18th meeting of the Board of County Commissioners.
This morning it's our pleasure to have Father Bill Kehayes of St.
Katherine's Greek Orthodox Church join us and offer the invocation.
Father Bill, if I could ask for your invocation this morning, followed
by the pledge of allegiance.
FATHER KEHAYES: Blessed is our God always, now and forever more,
Amen. Oh, God of ancient prophets and holy martyrs, pour out your
spirit upon us in this new day that once again in the hour of our need
we may dream dreams and see visions. Thou Lord God of heaven have so
lavishly blessed this land and particularly this county in which we
live. Keep us aware that the good things we enjoy have come from
thee, that you did lend them to us. Hake us your people to be humble
and respectful of this land you have placed in our trust.
Be mindful, oh Lord, of the Board of Commissioners and the
citizens of this county. Bless their labors expended for the common
good. Endow them with health, integrity and leadership and service.
Hake us worthy of the pride which grows from deeds of kindness done,
from justice practiced in our common life, and from a sincere devotion
to the rights and dignity of every man before his neighbor.
Lift up the hands, oh God, of those who lead this land in the
halls of legislature, in the courts of law and position of high honor,
that you may know that in you and in you alone is a source of the
wisdom they need, the patience that must be theirs, and the devotion
on which the welfare of all humankind depends.
Through your infinite and universal love, draw us, the citizens
of Collier County, out of the every narrow loyalty of your divine
fatherhood which makes of us all a family. And if we have strayed
from your love and the path of righteousness as you have commanded,
reach down and change the years within us that we may go forward with
you. Help us to make this God's own country by living as God's own
people. Amen.
(Pledge of Allegiance recited in unison.)
CHAIRMAN HANCOCK: Father Bill, we thank you for being with us,
and when is the Greek Orthodox Festival?
FATHER KEHAYES: The first weekend in February.
CHAIRMAN HANCOCK: We will be looking for it as we do every year.
FATHER KEHAYES: Love to have you.
CHAIRMAN HANCOCK: Thank you.
Mr. Fernandez, good morning.
MR. FERNANDEZ: Good morning, Mr. Chairman.
CHAIRMAN HANCOCK: What do we have in the way of changes to
today's agenda?
MR. FERNANDEZ: We have two additions this morning, Mr. Chairman.
The first is addition Item 9-B. This is a certificate of Collier
County Canvassing Board for the November 6, 1997 initial election of
city council members submitted for entry in the record of November
18th, 1997 public board meeting.
CHAIRMAN HANCOCK: So if we don't approve that, we just throw
them all out of office?
MR. FERNANDEZ: I guess that's your choice.
CHAIRMAN HANCOCK: Okay. I don't think that will happen. I was
just checking.
COMMISSIONER CONSTANTINE: Nice to have the option, though.
MR. FERNANDEZ: The second addition is Item 9-C. This is the
board consideration of settlement offer proffered by Florida Wildlife
Federation and Collier County Audubon Society in litigation entitled
Florida Wildlife Federation and Collier County Audubon Society v.
Collier County and James R. Colosimo, Trustee, Ultimate Land Trust,
Circuit Court Case No. 97-2984-CA-01, and Florida Wildlife Federation
and Collier County Audubon Society v. Collier County and James R.
Colosimo, Trustee, Ultimate Land Trust, Circuit Court Case No.
97-3600-CA-01.
CHAIRMAN HANCOCK: Okay. Further changes, Commissioner Mac'Kie?
COMMISSIONER MAC'KIE: Nothing, thank you.
CHAIRMAN HANCOCK: Commissioner Norris.
COMMISSIONER NORRIS: Not today.
CHAIRMAN HANCOCK: Commissioner Berry.
COMMISSIONER BERRY: Nothing.
CHAIRMAN HANCOCK: Commissioner Constantine.
COMMISSIONER CONSTANTINE: One item from the consent agenda,
16-H-5. It's a recommendation the BCC approve the use of confiscated
trust funds to provide matching funds for a federal grant in the
sheriff's department. Growth impact, it says no recurring costs for
subsequent years. I just want somebody to verify that for us, because
that sounds -- has appeared in the past and then constantly reappeared
in future years.
CHAIRMAN HANCOCK: Let's move it to the regular agenda and let's
notify the sheriff's office so they can have a representative here to
address that.
COMMISSIONER CONSTANTINE: Assuming that can be confirmed, I
don't have any problem. But I just
-- we have been real mindful to make sure grants don't come back --
COMMISSIONER NORRIS: Where would that go? Under eleven, ll-A?
MR. FERNANDEZ: Yes, under eleven.
CHAIRMAN HANCOCK: We have -- 16-H-5 now becomes item ll-A on the
regular agenda, and we will have someone notify the sheriff's office
and request their presence on that. Any further changes?
COMMISSIONER CONSTANTINE: No further changes.
CHAIRMAN HANCOCK: And I have none.
Is there a motion?
COMMISSIONER NORRIS: Mr. Chairman, I will make a motion that we
accept the agenda and consent agenda with the changes as noted.
COMMISSIONER CONSTANTINE: I am willing to second that motion.
CHAIRMAN HANCOCK: All those in favor, signify by saying aye.
Opposed?
(No response.)
CHAIRMAN HANCOCK: Motion carries unanimously.
Item #4A
MINUTES OF REGULAR MEETING OF OCTOBER 21, 1997 - APPROVED AS PRESENTED
Approval of minutes.
COMHISSIONER BERRY: I would like to move approval of the October
21st, 1997 regular meeting minutes. COMHISSIONER NORRIS: Second.
CHAIRMAN HANCOCK: Motion and a second.
Any discussion?
Seeing none, all those in favor, signify by saying aye.
Opposed?
(No response.)
CHAIRMAN HANCOCK: Motion carries five-zero.
Item #5A1
PROCLAMATION RECOGNIZING MRS. CHRISTINA LONG FOR HER OUTSTANDING
COMHUNITY SERVICE FOR THE DONATION OF 27 QUEEN PALM TREES - ADOPTED
We are to item number five on our agenda, proclamations and
service awards.
The first proclamation is a pleasure for me. I don't see her.
Is Miss Christiana Long here? There you are, hiding.
Miss Long, if I could ask you to -- if you would come forward,
and we're going to ask that you step up here in front of the dais
where everyone in TV land can see you, and I am going to take the
opportunity to mention a very brief story. I know Miss Long by way of
her nephew, Jeff Dunn, who was a college roommate of mine. Miss Long
is a longtime resident of Collier County, and when her husband passed
away in the not too recent past, they had planted hundreds upon
hundreds of palm trees on their property and framing their property
were twenty some odd beautiful palm tree specimens. Miss Long wanted
to do something with those palm trees in the memory of her husband.
So her nephew contacted me, we went out on site and found these
gorgeous -- I think the smallest one was twenty feet -- and Miss Long
graciously donated the trees, and they were planted at the Sanctuary
skate park. And if you look at the ESPN footage, the palm trees you
and your husband nurtured over the years were shown worldwide on
television in the not too distant past.
So in honor of Miss Long and the memory of her husband, on behalf
of the Board of Commissioners, it's my pleasure today to read a
proclamation. And I'm going to ask you to come on up here so I can --
so everyone can see your lovely face.
The proclamation reads as follows: Whereas, on September 15,
1997, the Collier Board of County Commissioners accepted an offer from
Mrs. Long for the donation of twenty-seven queen palm trees, and
Whereas, said donation was utilized for landscape enhancements at
the East Naples Community skate park board facility, the Sanctuary,
and
Whereas, residents and visitors are encouraged to visit the
Sanctuary and to participate in the recreational programming offered
at the facility,.
Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that Mrs. Long be recognized
for her outstanding community service.
Done and ordered this 18th day of November, 1997. Signed Timothy
Hancock, chairman.
And I would like to move acceptance of this proclamation.
COMHISSIONER MAC'KIE: Second.
CHAIRMAN HANCOCK: All those in favor, signify by saying aye.
Mrs. Long, on behalf of Collier County, thank you so very much.
(Applause.)
MS. LONG: I am sure my husband would be pleased with this, his
beloved trees will bring pleasure to so many people. Special thanks
to Commissioner Constantine and Jeff Dunn, my husband's nephew, as
well as all of our friends who encouraged me to donate these trees.
CHAIRMAN HANCOCK: Mrs. Long, again, thank you very much. And I
know Jeff wanted to be here and couldn't, but we will have a little
picture out at the park when he does come into town for the three of
us and for you to have.
MS. LONG: That would be lovely. Thank you.
CHAIRMAN HANCOCK: We're in the process of taking care of that.
But thank you again for your donation.
MS. LONG: Thank you all.
Item #5A2
PROCLAMATION RECOGNIZING PELICAN BAY COHMUNITY PARK BY THE UNITED
STATES TENNIS ASSOCIATION AS AN OUTSTANDING TENNIS FACILITY - ADOPTED
CHAIRMAN HANCOCK: Our second proclamation this morning is
regarding the Pelican Bay Community Park, and that's Commissioner
Norris.
COMMISSIONER NORRIS: Yes, while we have our parks and recs.
director Marla Ramsey standing up, I'd like for her to come forward to
accept this proclamation.
And the proclamation reads: Whereas, on November 3rd, 1994, the
Collier County Board of County Commissioners opened Pelican Bay
Community Park to offer recreational facilities and programs for
residents and visitors to Collier County, and
Whereas, the park is fifteen acres in size and has eight lighted,
clay tennis courts, pro shop and restroom facilities, and
Whereas, in September, 1997, Pelican Bay Community Park was
awarded an outstanding tennis facility designation from the United
States Tennis Association, and
Whereas, this award was given to only two facilities in the
United States, this award was for a small facility category and is
based on the quality of layout, type of courts, landscape and programs
run at the facility, and
Whereas, residents and visitors to Collier County are encouraged
to visit Pelican Bay Community Park and to participate in the
recreational programming offered at the facility,.
Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that Pelican Bay Community
Park is recognized by the Board of County Commissioners and the United
States Tennis Association as an outstanding tennis facility.
Done and ordered this 18th day of November, 1997, by the Board of
County Commissioners, Collier County, Florida, Timothy L. Hancock,
Chairman.
Mr. Chairman, I would like to move that we accept this
proclamation.
COMHISSIONER BERRY: Second.
CHAIRMAN HANCOCK: Motion and second.
All those in favor, signify by saying aye.
(Applause.)
CHAIRMAN HANCOCK: Marla, I'm going to assume we have a wall
suitable for hanging.
COMMISSIONER MAC'KIE: Spot reserved.
CHAIRMAN HANCOCK: We appreciate the USTA's recognition and we
hope to continue the fine quality of the park for a long time. Thank
you very much for being here.
MR. LEWIS: I just wanted to say a few words. First of all,
would like to thank the county commissioners for providing such an
incredible tennis facility for the people of Collier County.
I have been a tennis professional for about 30 years and have
experienced facilities all over the country, and the Pelican Bay
Community Park is without a doubt just one of the finest. It's
unbelievable for not only a public facility, but it beats a lot of the
private facilities around. With all our programs that we have,
including round robins, tournaments, leagues, game arrangements for
all levels and ages, we serve the public, we feel, very well.
I also feel that this award really just confirms the standard of
excellence that Collier County exhibits in its facilities and its
programming for the parks and recreation. It's with great pleasure
that the award is presented. Thank you.
CHAIRMAN HANCOCK: Thank you very much. Again, thank you for the
time of being here. And we'd be remiss in not recognizing our park
staff and their planning and efforts to put together what I think are
some of the finest parks in certainly the State of Florida, maybe the
southeast, so my hat's off to them. Again, Mr. Lewis, thank you very
much.
Item #5A3
PROCLAMATION RECOGNIZING THE MEN OF WOMEN OF THE NORTH COUNTY WATER
TREATMENT FACILITY LABORATORY AND MAINTENANCE SECTIONS - ADOPTED
The next item under proclamations this morning is regarding the
men and woman of the north county water treatment facility laboratory
and maintenance section, and this is by Commissioner Berry.
COHMISSIONER BERRY: Good morning. I would like to read a
proclamation for the north county water treatment facility lab and
maintenance. If I could have Mike Newman come up and also the ladies
and gentlemen from that plant, please.
The proclamation reads: Whereas, Collier County operates water
treatment facilities to disinfect and chemically condition the
county's public water supply in order to protect the public health and
prevent damage to both public and private property, and
Whereas, the Florida Department of Environmental Protection is
the agency responsible for administering the State of Florida's
drinking water program to ensure compliance with state and federal
safe drinking water regulations, and
Whereas, the regional office of the Florida Department of
Environmental Protection, in order to identify and recognize
excellence in the area of water treatment operations and maintenance,
holds an annual comprehensive competition within its six-county
district, and
Whereas, the county commission, through its commitment to provide
high quality water, has constructed the new north county treatment
facility and provided funding for its proper operation and
maintenance, and
Whereas, the men and women of the Collier County water
department's north treatment facility, laboratory and maintenance
sections have, through their continued efforts and dedication,
demonstrated a high level of commitment and skill in the operation,
testing and maintenance of that facility, and
Whereas, the Florida Department of Environmental Protection, in
recognition of the facility's excellent record in the areas of
operation, testing, maintenance, regulatory compliance and water
quality, has selected the north county -- Collier County north water
treatment facility as the recipient of the region's top award for
facility operation and maintenance, which was presented to Collier
County in Tallahassee on November 12, 1997.
Now, therefore, be it proclaimed by the Board of County
Commissioners that the water department staff, and in particular the
men and women of the north treatment facility laboratory and
maintenance sections, be recognized for their dedication, hard work
and continuous commitment to protecting the public health, which has
resulted in an award from the Department of Environmental Protection's
regional facility operation award for 1997.
Done and ordered this 18th day of November, 1997, Timothy L.
Hancock.
Mr. Chairman, I'd like to move acceptance of this proclamation.
COMMISSIONER MAC'KIE: Second.
CHAIRMAN HANCOCK: All those in favor, signify by saying aye.
Congratulations. Likewise, Mike, I assume you have a wall
suitable for hanging this?
MR. NEWMAN: Yes, sir, we do. For the record, Mike Newman.
Commissioners, the men and women that have stood before you this
morning are representatives from their individual sections, being the
laboratory, the maintenance and the water treatment operation sections
for the department. The other individuals -- and there are probably
about twenty-five of them that were involved in the winning of this
award -- were unable to participate in this this morning, but I wanted
to bring their participation to your attention and thank you for your
continued support of our department. Thank you very much.
CHAIRMAN HANCOCK: Thank you, Mike. If you guys have never done
the taste test, one time in the mall they had bottled water set up
next to county water, and once they were chilled, more people chose
county water over bottled for taste. I thought that was kind of a
nice testimony.
Didn't get picked up by the paper, Mike. I don't know about
that.
Item #5B
EHPLOYEE SERVICE AWARDS - PRESENTED
Next item under service awards, Commissioner Constantine.
COMMISSIONER CONSTANTINE: Mr. Chairman, apparently 1987 was an
extraordinarily good recruiting year. There are a number of people
who have been with us ten years, and we have for them service award
certificates and also their ten-year pin.
First we have Greta Eckerle, who has been with the library for
ten years.
(Applause.)
COMMISSIONER CONSTANTINE: With traffic operations, Kenny Hall.
Ken.
(Applause.)
COMMISSIONER CONSTANTINE: Stormwater management certainly having
their challenges over the ten years, Miguel Herrera.
(Applause.)
COMMISSIONER CONSTANTINE: And Judy Miller has been around about
nine years longer than her department has. She's now with the
Department of Revenue.
(Applause.)
COMHISSIONER CONSTANTINE: And from the County Attorney's Office,
Earlene Weber.
(Applause.)
COMMISSIONER CONSTANTINE: And we have got a couple of five-year
awards. Also from the County Attorney's Office, Heidi Ashton.
(Applause.)
COMHISSIONER CONSTANTINE: And with OCPM for five years, Ramon
Magsumbol.
(Applause.)
COMMISSIONER MAC'KIE: It's like a standing ovation in the back.
CHAIRMAN HANCOCK: It always helps to bring your own crowd,
Ramon.
COMHISSIONER NORRIS: You have a fan club back there.
COMHISSIONER CONSTANTINE: Mr. Chairman, I might also
congratulate Commissioner Norris, who five years ago yesterday became
a county employee.
COMMISSIONER NORRIS: As did one other member of this board, Tim
Constantine.
CHAIRMAN HANCOCK: And in due time you may get your very own
five-year pin.
Item #7A
MICHAEL VOLPE REPRESENTING LELY COHHUNITY DEVELOPMENT DISTRICT
REGARDING THE UNIT OF SPECIAL PURPOSE LOCAL GOVERNMENT SPECIAL ELECTION
- TO BE BROUGHT BACK ON NOVEMBER 25, 1997 AS A RESOLUTION
We are to public petitions, Item 7-A on the agenda.
COMMISSIONER CONSTANTINE: Someone five years ago celebrated with
us.
CHAIRMAN HANCOCK: Mr. Michael Volpe, representing Lely
Community Development District regarding the unit of special purpose
local government - special election.
MR. VOLPE: Good morning, Mr. Chairman, members of the board.
For the record, my name is Michael J. Volpe. I am here this morning
representing the Lely Community Development District, which is a unit
of special purpose local government that was created by the Florida
Land and Water Adjudicatory Commission in July of 1991. I trust that
all of you are familiar with community development districts. This
community development district is governed by a board of five
supervisors, and pursuant to the Florida Statutes, those members of
the board were appointed in the first instance by the governor and the
cabinet. Since that time, as their terms have expired, the vacancies
have been filled by a vote of the landowners based upon one vote per
acre.
However, under the Florida Statutes, when the district has been
in existence for six years and when there are 250 qualified electors
residing within the district, there is the requirement that the
vacancies that occur on the board be filled at an election to be held
by the qualified electors who will vote on them.
In November of this year, three terms -- the term of three
members of the board expired. Pursuant to Florida Statutes, one of
those vacancies is to be filled still by the landowners -- vote of
the landowners, one acre -- one vote per acre. And then the other two
positions are to be filled by the qualified electors within the
community development district.
Miss Morgan has advised the board of supervisors that there are
today 336 qualified electors within the Lely Community Development
District. And I am here this morning requesting that the board adopt
a resolution calling for a special election to be held. And we have
been in communication with Miss Morgan and the question is the timing
of the special election. Mr. Weigel spoke with Miss Morgan this
morning. She has indicated that the special election could be held
either on December 30th or on January 6th, that the qualifying period
for those candidates who choose to run for those vacancies would be
held -- it would be a two-day qualifying period, and, Mr. Weigel, has
Miss Morgan -- she had indicated that the qualifying period would be
held between the 24th and the 26th, but thatws next week and probably
a little bit -- with the Thanksgiving holiday.
MR. WEIGEL: If I may, Dave Weigel, County Attorney. I have just
communicated with Miss Morgan to verify the best dates for a two-day
qualifying period with the intent to bring it up after it might be
heard -- this matter may be heard next Tuesday for the adoption of a
resolution. We have suggested from noon on Tuesday to noon on
Thursday of next week as the qualifying period.
CHAIRMAN HANCOCK: I assume, since we have a tremendous number of
CDDs out there growing every time or every week, that all costs
associated with the association are borne by the CDD entirely.
MR. VOLPE: They are, Mr. Chairman. And what will happen is, I
plan to approach the legislative delegation so that the terms of the
board of supervisors will coincide with the general election so that
we donwt have to have special elections in off years. This is an
unusual event this year.
CHAIRMAN HANCOCK: Commissioner Constantine.
COMMISSIONER CONSTANTINE: Mr. Chairman, may I suggest we give
the county attorney direction to draft the appropriate resolution for
next Tuesday and choose the date of January 6th. December 30th is
probably not the best date because of the holidays.
MR. WEIGEL: If I may add for the record, I will coordinate with
Miss Morgan inasmuch as we do have the Thanksgiving holiday coming up
quickly to make sure that the two-day qualifying period, if not
exactly from noon Tuesday to noon Thursday, that we have a period that
works and will be indicated to the board on the record at next
Tuesday's board meeting on this issue.
COMMISSIONER CONSTANTINE: Just for my familiarity sake, is there
a requirement that it be limited to a 48-hour qualifying period? MR. WEIGEL: No, there is not.
COMMISSIONER CONSTANTINE: Is there any reason because of the
holiday we might not want to extend it a little bit? I assume the
more people who we invite into the process, the better.
CHAIRMAN HANCOCK: To extend it to noon the following Monday,
since it wouldn't have a material effect on the balance of dates,
would probably make some sense.
MR. VOLPE: Miss Morgan had suggested either a two- or a four-day
qualifying period, so if you'd like to make it four days --
CHAIRMAN HANCOCK: Okay. Just to try and give some direction to
reduce the number of questions we deal with next Tuesday, I think
that's agreeable.
MR. VOLPE: Mr. Chairman, if I may just -- maybe for
clarification purposes, Miss Morgan has indicated that it would be a
paper ballot and that the polling would occur within the community
development district. There is a polling place within the community
development district. I believe it's in the clubhouse. So that would
be included in the resolution as I recall.
CHAIRMAN HANCOCK: Okay.
COMMISSIONER CONSTANTINE: Mr. Chairman, if you need that, I will
make that in the form of a motion.
COMMISSIONER NORRIS: Second.
CHAIRMAN HANCOCK: Motion and second.
Any discussion?
Seeing none, all those in favor, signify by saying aye.
Opposed?
(No response.)
CHAIRMAN HANCOCK: Mr. Volpe, thank you very much.
MR. VOLPE: Thank you.
Item #SA1
RESOLUTION 97-436 OF INTENT TO PARTICIPATE IN FLORIDA'S EXPEDITED
PERMITTING REVIEW PROCESS FOR SIGNIFICANT ECONOMIC DEVELOPMENT PROJECTS
- ADOPTED
CHAIRMAN HANCOCK: We are now to 8-A-1 on our agenda under
community development and environmental services. This is a
resolution by the board of intent to participate in Florida's
expedited permitting review process for significant economic
development projects. Good morning.
MS. CASTLETINE: For the record, Helene Casteltine, economic
development manager. What you have before you is a resolution which,
if approved, would show support -- local support for a state
initiative which expedites the state regulatory permitting process.
This is the first step in our participation. This is no commitment,
but just showing our support for this particular program. It
expedites permits for significant economic development projects within
a given project.
CHAIRMAN HANCOCK: So if a significant economic development
project occurs in Collier County, they have a quicker time getting
through the state process?
MS. CASTLETINE: That's correct.
COHMISSIONER CONSTANTINE: Mr. Chairman, I would like to make a
motion we approve the item.
COHMISSIONER HAC'KIE: Second.
CHAIRMAN HANCOCK: Motion and second.
Do we have any speakers on this, Mr. Fernandez?
MR. FERNANDEZ: No.
CHAIRMAN HANCOCK: Seeing none, I will call the question.
All those in favor, signify by saying aye.
Opposed?
(No response.)
CHAIRMAN HANCOCK: Motion carries five-zero.
Miss Castletine, thank you very much.
MS. CASTLETINE: Thank you.
Item #882
RECOHMENDED LIGHTING OPTION FOR THE U.S. 41 WIDENING PROJECT BETWEEN
AIRPORT-PULLING ROAD AND DAVIS BOULEVARD, A FDOT PROJECT, THAT IS
CURRENTLY UNDER CONSTRUCTION - COHMISSIONER HAC'KIE TO WORK WITH FDOT
AND REPORT BACK ON 11/25/97. CONTRACTOR TO INSTALL CONDUIT ON BOTH
SIDES OF THE STREET
CHAIRMAN HANCOCK: Next on our agenda, Item 8-B under public
works, 8-B-2, request for approval of recommended lighting option for
U.S. 41 widening between Airport-Pulling and Davis Boulevard.
COMMISSIONER MAC'KIE: Mr. Chairman, you won't be surprised to
know this is an issue I have a whole lot of interest in since it is --
relates very closely to the -- what we have been calling the Davis
triangle, what we're going to start calling hopefully the Gateway
Triangle Redevelopment Project. This is -- was sort of sprung on us,
and I think that it's real important to talk about how that it came to
be sprung on us. With one breath, I would like to thank the staff for
getting this on the agenda, because apparently we're having some
trouble with the contractor doing what the state has said the
contractor will do, which is cooperate with us in getting -- making
some appropriate lighting choices.
I want to communicate to you that I have gotten a lot of
correspondence, frankly, because I have called people up and said, did
you know this is on the agenda? And what I have heard back from -- the
Donna Fialas of the world is that they would desperately like a week
or two more to look at this to see if they can't come up with a
solution to the problem of having less than we had hoped for for the
decorative lighting. Our staff gave us a number, which is where we
came up with the number that I asked for in the budget hearings and
you graciously approved.
COMMISSIONER CONSTANTINE: Is there any problem if we continue
for a week or two?
COMMISSIONER MAC'KIE: I would love it if we can continue it a
week or two. I think what we're going to hear is there may be some
problem with the contractor, but I think we need to tell the
contractor that the state's in charge of this contract. You know, he
has that incentive to complete quickly, and God bless him; I want him
to do that. But we need some time to look at this and try to find the
rest of the money.
CHAIRMAN HANCOCK: In essence, the costs came in far higher than
what was anticipated.
COMMISSIONER MAC'KIE: It came in far higher than anticipated,
and that is based on, as I understand it, Mr. Bobanick, you correct
me, that the -- it's the contractor who says that the cost is
significantly higher than we had estimated. And the contractor wants,
you know -- we have a little bit of conflicting goals here. We want to
get this beautification project going and he wants to get the work
done fast. So I think we might could refine these numbers, but if we
had the time.
CHAIRMAN HANCOCK: Mr. Bobanick, the situation as it's framed
seems to be we'd like another week to refine some numbers here. What
are the hurdles to doing that?
MR. BOBANICK: For the record, Dave Bobanick, transportation
director for Collier County. The hurdles, quite frankly, are the time
constraints that the -- that this particular contract has, and the
FDOT personnel are very concerned that because of the lag time or the
lead time necessary to order these specially built poles and
luminaires, that they get the order to the contractor to make a change
in his contract and go forward and so that the contract is not delayed
in its progress, because it is an incentive/disincentive type
contract. The contractor gets an incentive for completing early and a
disincentive for completing late.
CHAIRMAN HANCOCK: Commissioner Constantine.
COHMISSIONER CONSTANTINE: Commissioner Hac'Kie, have you had a
chance to talk with FDOT? Because one of the things, while we often
criticize state agencies, they are really, really good to work with.
And I know over on Davis, when they were doing that project, very easy
to work with to get the entrances and exits and the median cuts and
all of that done.
COHMISSIONER HAC'KIE: They have been wonderful. And I will tell
you that between Thursday and today, I have not spoken with FDOT, but
I have had many, many conversations and agree with you that they're
wonderful to work with. And what they have told me is, we're going to
get this done, we're going to accomplish it. It's the contractor who
is appropriately, because it's his pocketbook, trying to push this.
But keep in mind what we're talking about here is not some
under-the-road construction that's going on presently. We're talking
about -- he's got to right now be installing the wiring which is the
same for these fixtures or the ugly fixtures and --
CHAIRMAN HANCOCK: That's where I was getting to, is that what
we're talking about here is really order time for style material. He
can still run the underground conduit. He can establish the concrete
base with the four lug nuts that is standard for every single pole
base.
What am I missing there, Mr. Bobanick?
MR. BOBANICK: The current design calls for the lights to be on
one side of the road. The significant change is that this lighting
will be on both sides of the road as far as the contractor's
operations are concerned.
COHMISSIONER HAC'KIE: And he already knows, though, that that is
a fact. He needs to be installing that conduit and those pads on both
sides of the road. And then we need time to decide which decorative
poles and what we can afford and to order that.
COHMISSIONER CONSTANTINE: My suggestion would be that we go
ahead and continue it for a week and that you go ahead and continue
your conversations with FDOT just because my confidence level is so
high.
COHMISSIONER HAC'KIE: I have a high confi -- would it be helpful
to the contractor if we gave him an official -- some sort of official
determination today that we are going forward with lighting on both
sides of the street so that he can -- you know, if that would be
helpful. I understand that he needs that information. Is there any
question on the board about whether or not we're going forward with
that?
COHMISSIONER NORRIS: Well, as much as I want to see this project
go forward, I think that is part of the decision that we're going to
make and I don't know how we can make half a decision.
COHMISSIONER HAC'KIE: Well, we have already budgeted $236,000
and our staff tells us that we can have some form of decorative
lighting.
COHMISSIONER CONSTANTINE: It's a question of what.
COHMISSIONER HAC'KIE: The question is what. And so it would
keep the contract moving forward if we would tell them you're going to
have lighting on both sides of the street. Now, we'll get back to you
about how much we're going to spend on how pretty it's going to be.
CHAIRMAN HANCOCK: Let me ask this as a fail-safe. Can we provide
the standard ugly poles for that amount of money on both sides of the
street?
COHMISSIONER HAC'KIE: For the 236,000 extra dollars?
CHAIRMAN HANCOCK: Yeah, can we -- if worse comes to worse, we're
not going to throw away conduit here, we're going to have lighting on
both sides of the street. Can that occur within our budget?
MR. BOBANICK: Yes, excuse me, that could occur within our
budget.
CHAIRMAN HANCOCK: Okay.
MR. BOBANICK: We would -- excuse me just a second. That could
occur within our budget.
CHAIRMAN HANCOCK: I know it's an odd question, but I wanted to
know that. Okay. Then I feel comfortable in giving direction that
there will be lighting on both sides of the street and so he can go
ahead and run the proper conduit for that. That won't slow him down
in that respect. And seven days, when you start ordering materials
like this, really isn't much, because my guess is their order won't
even be close to seven days to the date of delivery they give us
anyway.
MR. BOBANICK: And may I ask of the board, then, that we get a
commitment perhaps in the form of a motion at least to give FDOT
direction to direct the contractor to install the conduit on both
sides of the street?
COHMISSIONER HAC'KIE: So moved.
COHMISSIONER CONSTANTINE: I will second that.
CHAIRMAN HANCOCK: Motion and second. Any discussion?
COHMISSIONER CONSTANTINE: Just as part of my motion, you will go
ahead and have that discussion with FDOT?
COHMISSIONER HAC'KIE: Absolutely, absolutely.
CHAIRMAN HANCOCK: We do have a speaker. We have a motion and a
second on the floor. We will just hold off and hear from a registered
speaker.
Mr. Fernandez.
MR. FERNANDEZ: Speaker is Mr. Dave Carpenter.
COHMISSIONER CONSTANTINE: He's going to talk us out of it.
MR. CARPENTER: Dave Carpenter, president of East Naples Civic.
The decision -- the original decision on the lighting and what style
to go with was made by a committee including members of the steering
committee from the Gateway Triangle Redevelopment Project and members
of the beautification committee of the East Naples Civic Association.
And we all of us at that point -- Mr. McGee, who is under contract
from the county for design work on the medians, you know, presented
scenarios that he felt would work there and work in keeping with the
area at a price that would fit within the amount of money that the
county had put in the budget for it. The surprise came last Thursday
on it.
I am not certain that this thing can be honestly looked at in one
week. What I would suggest would be along with your motion today to
allow staff to contract with Mr. McGee or get ahold of Mike and see if
there are other alternatives in lighting, be it through different
vendors, different suppliers on it that might fit more within the
scope of the budgeting now that we know how much they want to mark
them up by the contractor on it. And I think this is a two-year
project. We sat at a luncheon last month with a representative of the
FDOT. We asked, how long will it take to get 41 and the bridge done?
They said probably about two years and that the bridge would be done
before 41.
So I don't think we need to let the contractor put us into a bind
as far as picking out the style of the poles.
The second thing that the board must bear in mind is that the
City of Naples is also in negotiations with the same contractor over
the same project for the cost of their lighting on their portion of
the project, be it the bridge, and that comes out a little bit past
Davis. And they have yet to come to an agreement with the contractor.
So I think what you have done is the right thing, say, hey, let's go
both sides of the street, but I think it's going to take longer than
a week to come up with some realistic alternatives.
CHAIRMAN HANCOCK: Agreed, Mr. Carpenter. What I would like to
see, though, is Commissioner Hac'Kie working with DOT and whatnot a
week from now. At least if DOT understands that and everyone is
comfortable with that, except maybe the contractor, then we can live
with that. But what we don't want to do is put DOT in a position of
getting possibly sued by this contractor because of provisions for,
you know, fast work/fast pay.
COHMISSIONER HAC'KIE: And I can work with them in the next week
and come back with some recommendations that hopefully are acceptable
to all three parties.
CHAIRMAN HANCOCK: I hear you entirely. I just -- I don't know
what the rules are that we're playing by, and in the next week, we
need to define that.
MR. CARPENTER: I think there was some question of the rules that
the contractor played by. Thanks a lot. CHAIRMAN HANCOCK: Thanks, Dave.
With that, we did have a motion by Commissioner --
COHMISSIONER HAC'KIE: Hac'Kie.
CHAIRMAN HANCOCK: -- and a second by Commissioner Constantine.
Is there further discussion or, Dave, do you have sufficient direction
at this point?
Okay. All those in favor, signify by saying aye.
Opposed?
(No response.)
CHAIRMAN HANCOCK: Motion carries five-zero.
COHMISSIONER HAC'KIE: Not surprisingly you will -- being the
greedy person that I am, I want to tell you about one other issue
that's going on out there and ask if you want to give staff -- Mr.
Ilschner's staff direction to look at it.
I understand -- let's see. We all know that in the 41 widening,
there's going to be significant drainage improvements made along that
corridor that will address all of the additional drainage caused by
the widening of the road, the additional impervious surface. What
we're finding in the Gateway Triangle discussion is that the biggest
issue within that triangle is drainage. And what I have heard -- and
I have not heard this directly from Mr. Ilschner's staff but I have
heard it sort of through the grapevine -- that there are a couple of
things that could be done during the widening of U.S. 41 to
significantly improve the problem within the Gateway Triangle. They
tell me that for -- that we need two big pipes. One costs $10,000,
one costs $8,000, if we put them in during the construction process.
If we don't and we put them in later, it costs a whole lot more. I
wonder if there is interest on the board in asking Mr. Ilschner's
staff to look into that as a possible change to the contract?
CHAIRMAN HANCOCK: I think what's appropriate there and just
based on other things I have been involved with is for you or a
representative of East Naples to work with them and bring it, you
know, back as a board consideration item with some of the details --
COHMISSIONER HAC'KIE: That's exactly what I'm looking for.
CHAIRMAN HANCOCK: -- rather than us giving direction on
something we don't really have a lot of information on. I know that
staff stands ready to work with any commissioner on an item that you
want to gather information on and bring it to the board for a
decision. So maybe work through Mr. Fernandez's office would be my
suggestion.
COHMISSIONER HAC'KIE: Well, that's actually what I'm doing
already. I just sort of wanted to plant a seed with you that that may
be another one out there that looks like a real good idea. We will
find out.
CHAIRMAN HANCOCK: Consider Johnny Appleseed completed.
COHMISSIONER HAC'KIE: Thanks.
Item #9A
SETTLEMENT OF STRINGER V. BOARD OF COUNTY COMMISSIONERS CASE NO.
97-178-CIV-FTM-23D, PENDING IN THE UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF FLORIDA - APPROVED
CHAIRMAN HANCOCK: Item 9-A under county attorney's report.
I always get concerned when a commissioner is talking about something
and we see staff moving around and talking to each other.
COHMISSIONER HAC'KIE: Yeah, what are they doing?
CHAIRMAN HANCOCK: What do we do now?
MR. FERNANDEZ: It's all done to confuse you.
CHAIRMAN HANCOCK: Item 9-A under county attorney's report,
recommendation that the board consider and approve settlement of
Stringer v. BCC.
COHMISSIONER CONSTANTINE: Mr. Weigel, in an attempt to cut to
the chase here, it appears that they have agreed to what we had hoped
the agreement would be last time this came up a couple weeks ago?
MR. WEIGEL: Well, as a continued item and with the very tight
time constraints, we had to put in the same document that was in
before, and it was during the agenda item last week that attorney Hike
Pettit, who is in trial today, indicated that we did not have
agreement in regard to one aspect alone, and that was in paragraph
ten, which shows up on page eight of the agenda package. And it was
the part that indicated that she would not be seeking or subject to
employment with the county at any time in the future. What has been
struck, after detailed discussion, was that -- it now reads that there
would be in essence a hiatus of 24 months from the approval of this
agreement, and at which time she has -- she would have no automatic
entry certainly for reemployment. She would, as any person, be
subject to review for any position that she might apply for and either
secure employment or not based upon the merits and the review of the
other candidates at that time.
COHMISSIONER CONSTANTINE: Mr. Chairman, I'm going to make a
motion we approve the settlement offer -- COHMISSIONER NORRIS: Second.
COHMISSIONER CONSTANTINE: -- in Case No. 97-178.
CHAIRMAN HANCOCK: I would like to thank the county attorney's
office for the response to the board concern. It was detailed on the
point and I thought structured very well. MR. WEIGEL: Thank you.
CHAIRMAN HANCOCK: Any questions on the motion? Any discussion?
Seeing none, all those in favor, signify by saying aye.
Opposed?
(No response.)
CHAIRMAN HANCOCK: Motion carries five-zero.
Thank you, Mr. Weigel.
Item #9B
CERTIFICATE OF COLLIER COUNTY CANVASSING BOARD FOR THE NOVEMBER 6,
1997, INITIAL ELECTION OF CITY COUNCIL MEMBERS SUBMITTED FOR ENTRY IN
THE RECORD OF THE 11/18/97 PUBLIC BOARD MEETING - APPROVED
The next item under county attorney's report, Item 9-B,
certificate of Collier County Canvassing Board, 11/6/97, for the Marco
Island election.
COHMISSIONER NORRIS: Motion to approve.
COMMISSIONER MAC'KIE: Second.
CHAIRMAN HANCOCK: Motion and a second.
All those in favor, signify by saying aye.
Opposed?
(No response.)
CHAIRMAN HANCOCK: Motion carries five-zero.
Item #9C
SETTLEMENT OFFER PROFFERED BY FLORIDA WILDLIFE FEDERATION AND COLLIER
COUNTY AUDUBON SOCIETY IN LITIGATION ENTITLED: FLORIDA WILDLIFE
FEDERATION AND COLLIER COUNTY AUDUBON SOCIETY V. COLLIER COUNTY AND
JAMES R. COLOSIHO, TRUSTEE, ULTIMATE LAND TRUST, CIRCUIT COURT CASE NO.
97-2984-CA-01 AND FLORIDA WILDLIFE FEDERATION AND COLLIER COUNTY
AUDUBON SOCIETY V. COLLIER COUNTY AND JAMES R. COLOSIHO, TRUSTEE,
ULTIMATE LAND TRUST, CIRCUIT COURT CASE NO. 97-3600-CA-01 - OFFER
REJECTED
Next item, Item 9-A-C, request to consider settlement offer
from the Florida Wildlife Federation and Audubon Society v. Collier
County and James Colisimo -- Colosimo, excuse me.
MR. WEIGEL: Thank you. Commissioners, I appreciate to you and
to the county administrator to put these items on quickly and late in
the process. This is one which I almost determined to confer with you
privately rather than put it on and look to your pleasure today.
But what we have is a letter from the attorney, Richard Gross, on
behalf of the two plaintiffs, Florida Wildlife Federation and Collier
County Audubon Society, in which they have indicated that they would
approve the, quote, settlement or dismissal of the suits based upon
the county paying approximately thirty-five hundred and some change to
them to take care of their attorney fees and costs. I actually have
an executive summary --
COHMISSIONER CONSTANTINE: Mr. Weigel, you need go no further.
MR. WEIGEL: That's fine. My recommendation is that we not
approve it. I would further like to state for the record that in both
proceedings upon which these lawsuits initiated, the county staff and
county attorney believe that the procedures and the actions of the
board and the staff were appropriate, that we will ultimately -- would
ultimately prevail in the litigation. It will -- may necessitate some
more human resource and time to get this done this way if they don't
back off.
COHMISSIONER CONSTANTINE: The county taxpayer absolutely,
positively should not be paying for Florida Wildlife Federation's
frivolous lawsuits.
COHMISSIONER BERRY: This commissioner agrees with that
wholeheartedly.
CHAIRMAN HANCOCK: The precedent concern here is that you can sue
the county and then if you offer to drop your suit, have your legal
fees paid. I mean, that's just something that asinine so --
COMMISSIONER NORRIS: I will make a motion that we -- that we
reject the settlement.
COMHISSIONER CONSTANTINE: Second.
CHAIRMAN HANCOCK: We have a motion and a second, but we do have
speakers, so let's go ahead and go to the registered speakers, please.
MR. FERNANDEZ: You have two speakers, Mr. Chairman. The first
is Ty Agoston.
COMMISSIONER MAC'KIE: I bet Ty wants a whole different result.
MR. AGOSTON: Good morning, ladies and gentlemen. My name is Ty
Aguston. I live in Golden Gate Estates, and I am speaking for myself.
And I am very happy, and your remarks are kind of music to my ears.
It has been a long-standing practice for environmental groups to
present or put up a roadblock to delay any project that they were
fighting against. They knew whether they were right or wrong, the
delay cost a ton of money and most of the time, the people who were
involved in building whatever project was involved were willing to pay
off rather than be involved in a delay. And this is a standard
practice that I have noticed many, many years. Up in New York, New
York, they're a little more outrageous than down here, and they are
just simply using the same practice.
I definitely agree with the comments you guys made that we should
not go under -- we just simply encourage them from coming back
tomorrow to use the same format and fight another battle. So we're
just simply delaying the issue. And I appreciate the opportunity.
Thank you very much.
MR. FERNANDEZ: Next speaker is Mary Dunavan.
MS. DUNAVAN: I am Mary Dunavan. I am speaking for myself.
Thank you, commissioners and Chairman Hancock. I just want you -- the
only reason I come up was to let you know I have studied all week,
several nights, on these two books to present the whole list of things
to you today to vote against this. So I just want you to know that I
appreciate what you are doing. And I will cut my time short that way.
Thank you.
CHAIRMAN HANCOCK: Big bonus points there, Mary.
COMMISSIONER MAC'KIE: I have just a question.
CHAIRMAN HANCOCK: She is a prolific reader, I know that for a
fact.
Is that the end of our speakers?
MR. FERNANDEZ: That's all the speakers, Mr. Chairman.
COMHISSIONER MAC'KIE: Question.
CHAIRMAN HANCOCK: Yes.
COMMISSIONER MAC'KIE: At the risk of wrath, the question is, is
this one of those offers that if we don't accept it, we can end up
paying triple or something?
MR. WEIGEL: I don't think so.
COMHISSIONER MAC'KIE: I just want to know.
MR. WEIGEL: I don't think so. Attorney's fees are either --
they're allowed in Florida under the contractor statute. We haven't
determined outright that they have the ability, clearly not under
contract nor under statute at this point in time. And, you know, the
county will maybe have to drag through some proceedings and ultimately
get to issues which we think are moot to arrive at -- to arrive at an
ultimate determination, so from that standpoint, there will be some
human resource costs and things of that nature, but to answer your
question, no.
CHAIRMAN HANCOCK: There were two questions when he looked at
this at one time and that was should the county prevail, can we recoup
our legal costs on these suits? And that wasn't a very clear answer;
the answer was maybe, as I remember correctly. But in all
probability, probably not.
MR. WEIGEL: Probably not, that's correct. You fight the forum
and then accept --
CHAIRMAN HANCOCK: The concern here is very similar to the slip
and fall. Even though they're not requesting monetary damages, many
times we will see a slip-and-fall case come before us that builds up
some attorney's fees, trying to get, you know, the easy money on the
front end. When they don't get it, they settle for just attorney's
fees, and I don't think we approve those and I certainly have no mind
to start on this case.
We have a motion and a second. Is there further discussion on
the motion?
Seeing none, all those in favor, signify by saying aye.
Opposed?
(No response.)
CHAIRMAN HANCOCK: Motion carries five-zero. Settlement offer is
denied.
Item #10A
ETHICS COMMITTEE NOT TO BE FORMED
Next item under 10-A, discussion regarding ethics committee.
This was scheduled to come back to the Board of County Commissioners
giving ample time for response from the bodies of elected officials
that were asked to either appoint individuals or respond in total to
the concept of an ethics committee looking at whether state laws
should be affected or changed. To date, as you all have heard, the
school board has chosen not to participate. Is Mr. Faerber here?
COHMISSIONER BERRY: They've got their organizational meeting
this morning.
CHAIRMAN HANCOCK: I knew that. I knew that there was going to
be a schedule conflict, and he had told me that if at all possible --
COHMISSIONER BERRY: They were going to try.
CHAIRMAN HANCOCK: -- he would be here, but he apparently cannot.
I appreciate his efforts just the same. I did speak to him on the
phone last night.
From the city council there was a split vote on this, but they
chose to participate by a majority. Everglades City, I believe, has
already appointed --
COHMISSIONER BERRY: They will.
CHAIRMAN HANCOCK: They will appoint somebody, okay. So we kind
of have a mixed bag out there.
I will go ahead and just kind of establish, if you will, a base
for myself. The more I have thought about this, I get continually
concerned about what it creates, what does it become, what is it
trying to accomplish? And I guess it's based on the assumption that
the state ethics committee doesn't work. Why else would we have to go
for tougher ethics laws? We have ethics violations or ethics
complaints that have been filed in this county that have not been duly
processed and heard and decided upon.
And I guess where I came to on this for myself, individually, is
I think we all want to hold ourselves up to the public and say that
yes, we conduct ourselves in an ethical manner. Yes, we use proper
discretion in everything we do. And if they disagree with those
choices, that's certainly their right.
But my problem is that where this thing is headed. As I read the
last editorial, we didn't want it to be about Commissioner Norris or
about Commissioner Mac'Kie or about anybody else on this board but
about ethics in general. And I don't see that happening. I see the
course actually being about what either has or hasn't happened before
the state ethics committee has had an opportunity to review it fully.
When the state ethics committee looked at the Estero fire board,
they were held up by the media as champions of the public trust. They
did their job. People were removed from office for improper
activities. People were actually taken to court on misdemeanors and
found guilty. So here we have the ethics committee doing exactly what
the public says it's their job to do.
On the issues concerning Collier County, they have not been given
the opportunity to do that or not. But I find it interesting that the
assumption is they're a toothless tiger all of a sudden. This is the
same body that ousted and charged Estero fire board commissioners for
improper activities. So I believe they're going to bring that same
fervor, that same investigative depth to any application throughout
the state, including Collier County. And until that has come to an
end, I think this is a public bone, if you will, as opposed to
addressing what is truly a real issue, because I don't know if an
issue really exists on the enforcement of ethics in government in
Collier County because I haven't seen it yet.
So I am not comfortable moving ahead. And, Commissioner
Constantine, you said it last time about it being just a, you know,
window dressing.
COMMISSIONER CONSTANTINE: A feel-good thing.
CHAIRMAN HANCOCK: Yeah. So I want to see the results of what's
going on before I am comfortable saying there's such a problem we have
to form a local committee. Commissioner Mac'Kie.
COHMISSIONER HAC'KIE: I respectfully disagree. Even though I am
the subject of one of those investigations and am confident that it is
going to be more than thorough, I think that there is a genuine need
in our community for this board, more than any of the others, frankly,
but for this board to say we want to look at what ethics means in this
community for its elected officials. Frankly, I am not interested in
looking at the press. I am not interested in looking at anybody but
my own face in the mirror, but I would like for us -- I think it would
be a mistake if we don't form this committee for a couple reasons.
One is, I agree that the direction that the newspaper describes
is not the direction that we have laid out for this committee, but we
will be the appointers and we will give the charge to this committee
and this community needs that. We need that in this community right
now.
I also think that by making the appointments, we can -- well --
I'll just repeat that point. We can give the committee its charge.
We can define it. You're also bound to be aware that if we don't form
this committee, other organizations are going to. What I understand
from the Republican party is, they would like for this to be an
official Collier County government effort, and that would be a good
thing in my judgment. But if we don't do it, others are going to and
then we lose control of the focus of the group, because we may or may
not need an ethics ordinance in Collier County. It may be that the
state law is sufficient, but this group -- this committee could do a
couple of things. It could hold some public forums. It could do some
of those town meeting kinds of things that you talked about, Mr.
Chairman. It could bring back some trust by communicating to the
community just what the issues are. It may be that its primary
function is to educate and not to come up with a new ordinance,
because, frankly, you guys know better than anybody that an ordinance,
an ethics ordinance in Collier County, is only as good as the five of
us because the next five can change it.
CHAIRMAN HANCOCK: So we are the five that would enforce it.
COMMISSIONER MAC'KIE: Right. So it's not my goal to see an
ethics ordinance for Collier County, and that is what the newspaper
has written about. And that may or may not be what this committee
would decide to do, but this is a good opportunity for restoring some
confidence, letting the public know that we are serious about looking
at this issue, that we want to have a community discussion about what
ethics in local government means.
I just think this would be a shame not to form the committee,
whether you look at it as, you know, tossing a bone to the public or
something, I really don't. I think it could have a really valid -- it
could serve a really valid purpose in the community if we are careful
about who we appoint, if we tap some people with real experience and
not, you know, political appointees.
So I will stop on that pitch and tell you that the other thing
that I had to say today about this is -- I had -- I had brought up
advertising and all these criteria and that kind of stuff, and this
process is dragging on too long to be very effective as a
communication tool, which is what I see it as. And I was going to ask
-- it hadn't occurred to me, frankly, that we were going to consider
not forming the committee, so I hadn't thought much about making a
pitch on that point, but I do think that we need to do it, we need to
do it quickly. And as a result of that, I was going to withdraw my
recommendation about advertising and soliciting for membership and
let's just get on with it and appoint five members from this board, a
couple from the city council, City of Naples, one from the City of
Everglades, and ask the City of Marco Island if they would like to
participate, and let's just do it.
CHAIRMAN HANCOCK: Commissioner Norris.
COMMISSIONER NORRIS: Well, Mr. Chairman, one thing about this
whole issue is that none of the five of us sitting on this board have
any experience outside of Collier County, but we do have the benefit
of our county administrator who has experience in a number of counties
and statewide, and I would like to hear his opinion of this issue.
MR. FERNANDEZ: Mr. Chairman, my opinion is that the state
process is very extensive and very exhaustive. It's very complete. I
am aware that the constitutional revision commission is presently
considering proposals to amend the state process to even refine it
further and strengthen it further, and I have spoken to Vivian
Zaricki, the executive director of the state association in this
regard. She has sent some information regarding some of the proposals
that are being considered.
It's my feeling that a local process would require the creation
of additional standards, an additional set of rules. The state
process has been refined over a number of years. It's been tried and
true, that kind of thing, and I think it has worked pretty effectively
as a consistent standard that applies from county to county. There's
also the concern that I have that if a local mechanism is put into
place, then it can be subject to local manipulation and political
influence and that sort of thing, which the state process is really
immune from because it is somewhat removed from the local issues.
Also, very similar to the comments that Commissioner Hancock made
earlier, it's my feeling that until it's been demonstrated that that
process has not been very effective in addressing the issues that have
surfaced in Collier County, I wonder if it's appropriate to put into
place an additional level of regulation over and above the standards
that exist throughout the state of Florida.
So I think it's important for us to give the state process a
chance to see if it's going to work for us before we put something
else into place.
COHMISSIONER HAC'KIE: I have a question for the manager on that
point.
CHAIRMAN HANCOCK: Did you have a question or comment?
COHMISSIONER CONSTANTINE: Comment. Go ahead.
COHMISSIONER HAC'KIE: My question, Mr. Fernandez, is it sounds
to me like what you have just commented on is also what the chairman
was discussing, and that is what apparently the editorial board of the
Naples Daily News thinks that committee should do and that is
establish a local process. But if you will look back, when we
discussed the possibility, we were very clear that this group would
not be charged with establishing a local process or a local ordinance.
That, in fact, this group would be charged with reviewing the issue of
ethics in local government, and then it would make recommendations to
us and we would decide whether or not any kind of additional laws were
necessary. But just because the newspaper has written about it as if
it's going to cause the creation of an ordinance, that's no reason --
I agree with you. I agree with everything you said.
COHMISSIONER CONSTANTINE: With all due respect to Mr. Batten and
his newspaper, I'm not sure why that's even entering into the
discussion.
COHMISSIONER HAC'KIE: It's not relevant. It's not relevant.
CHAIRMAN HANCOCK: The reason I stated it is because I think a
lot of the, quote, unquote, public sentiment we're hearing is being
somewhat driven by the level of attention that is afforded in the
local media. And we talk about the newspaper, but it's everything.
It's electronic media, it's newspaper, it's whatnot. That's the
reason I mentioned that. You have to come back to the basic reason
for me, which is -- and I'm sorry, I don't mean to take your time, but
ethics, just the word ethics means something different to each person
you ask, and someone who is predisposed to believe that government is
a bunch of self-serving, selfish, you know, greedy dishonest people is
going to state no matter what is going on that we need stricter ethics
guidelines and laws. The pessimist, if you will, the person who
believes that everyone is in it for themselves.
So that's never going to change. That is always going to be out
there. My concern is that we feed -- by forming a local committee to
say whether we do or don't need stricter ethics laws, what are they
going to base that on? There has not been to date a Collier County
commissioner that has been brought to the commission on ethics and
found guilty or not found guilty or whatnot. There's not been an
abuse. There's not been a situation that has not come to an end that
was unjust to the people of this community. And I feel like an effort
right now is prejudging the current complaints that have been filed,
so I want to see that come to its completion. And it's not about what
the newspaper does or doesn't think, but I think you have to recognize
that as a force in the community that does drive some public opinion,
and I am afraid that public opinion is converse to what we had
initially talked about doing.
COMMISSIONER MAC'KIE: I don't know if you know -- and then I
promise I'm not going to talk anymore because it's Commissioner
Constantine's turn and I know that -- but I was flabbergasted to find
out that with regard to the complaint filed against me, for example,
it will be the end of the year before a determination is made whether
or not there will be an investigation. And then if there's an
investigation, that's going to go on for a period of months, and then
if they determine probable cause, that goes on for a period of months.
If you put this off until my investigation is completed, we're talking
a year and a half. It will never happen if we don't do it now. So
don't put it off based on completion of the process, because it lasts
forever.
CHAIRMAN HANCOCK: Commissioner Constantine.
COMMISSIONER CONSTANTINE: Commissioner Mac'Kie, I appreciate
the concern for public perception. Obviously, we're serving the
public, and if they perceive there's something wrong, then we have to
take that into concern. If we're dealing with public confidence,
however, in my opinion, the best way to deal with that is from Tuesday
to Tuesday and how we conduct ourselves week in and week out.
My concern, as Commissioner Hancock mentioned, is that this can
turn into a feel-good committee, and that in an effort to respond to
some criticism, whether it's accurate or not, that we're going to just
take an action that may or may not have any real bite to it, when all
is said and done. And I know -- I think all of us know if we don't
form the committee, we will be open to tremendous criticism, but
that's not an appropriate place to base our decision. The unfortunate
reality of our job, and I think all of us were aware of this when we
took the job, was that we're going to get criticized. When we first
talked about forming this committee, we were criticized. I got
probably a dozen or more calls saying oh, it's the fox guarding the
henhouse. You guys are just appointing a committee to set up whatever
rules you want.
I don't know that it's necessarily bad when you say there are
other groups, be that the Republican party or whomever, that if a
neutral party organizes something, I don't know that that's a bad
thing, only from the number of calls I got saying you guys are just
doing this for your own purposes.
What we might entertain long-term -- I am just kind of thinking
out loud -- but if you read through the state statutes and what we're
required to do and what the penalties are, they're fairly substantial.
And I don't know that they're readily known to the public, but I think
if someone takes the time to go through there, there's some pretty
strict requirements that we are required to follow and there's some
pretty stiff penalties if you do not follow them.
And what we might do is look at those at some point, and if we
don't think the penalties are stiff enough, then say, okay, if the
ethics commission comes back with a finding and we want to have a
stricter penalty -- still let them do the process, because it's a
neutral party, but, you know, look at stricter penalties. Frankly, I
think the penalties, if you read through there, are pretty stiff
anyway.
But I guess for me, the bottom line is we can make all the rules
in the world. We can make new rules, but every commissioner or every
elected official is ultimately responsible for their own conduct, and
either you're going to go by the rules and go by the law or you're
not. And if you don't have -- and I'm not saying anyone here does --
but if someone doesn't have enough conscience to follow the existing
rules, I don't know that additional rules are going to make any
difference.
And so I think the laws as they are right now are pretty strict.
Hopefully each of us follows those and I think on this board we do,
but if -- I don't think creating additional rules or additional
restrictions is going to make someone have a greater conscience. And
so I just -- my two problems are I don't want to have just a feel-good
committee, although I realize your concern with public perception.
And I just -- I don't think new rules are going to make people more
honest. Either you're going to play by the rules or you're not. And
I think, you know, hopefully each of us does.
COHMISSIONER HAC'KIE: Peter Van Arsdale had the best line about
that; I just have to repeat it. That ethics are like good looks, you
either got 'em or you don't.
CHAIRMAN HANCOCK: Do we have registered speakers, Mr. Fernandez?
MR. FERNANDEZ: Yes, you do, Mr. Chairman. Mr. Ty Agoston.
MR. AGOSTON: Tomorrow morning you're going to find a very nice
picture of Miss Hac'Kie in the Daily News congratulating her on her
presentation. And, you know, it's very unfortunate that in this town,
the size and the complexity, we have a single media entity that
disseminates the news. And the reason this ethics complaint has
continued to such a length of time is because apparently you guys are
not being liked by the Naples Daily News. You have been a good number
of times critical of them and they want to show you that they own the
ink and they own the paper and they can print.
The ethical laws that's on the books on a state level are pretty
strict, just as Mr. Constantine had mentioned, and as far as I can
see, this is nothing but a power struggle between the political bosses
downtown and apparently you guys' lack of attendance of a rather
expensive dinner. It may go a little bit further than that, but the
fact of the matter is that you were elected to run the county and Mr.
Hart and Miss Gina Hahn were elected to be involved in the local
political party machinery. And for them to call for ethical
commission is, you know, in my opinion relatively meaningless,
because, like you say, it would be under your construction so you can
construct it in any way, shape or form. And as far as Miss Hac'Kie's
complaint about the wheel of justice turning slowly, it is my
understanding that the wheel of justice should turn slowly --
COHMISSIONER HAC'KIE: Absolutely.
MR. AGOSTON: -- because we don't want appearances to make
judgments. And what you're essentially saying is that you prefer to
have an appearance make the judgment, and that's not what we're
looking for. Thank you very much.
MR. FERNANDEZ: Next speaker is Stan Olds.
CHAIRMAN HANCOCK: And do we have one more after that or is Mr.
Olds our --
MR. FERNANDEZ: He's the last one.
CHAIRMAN HANCOCK: Okay. Go ahead, Mr. Olds.
MR. OLDS: Last one and the best one. Good morning. It's great
to be back from Wisconsin and to see all the smiling faces on that
county board, this morning anyway. Many of your other items, I know
that there's a little bit of a difference.
But I wanted to say that I am very definitely against the ethics
committee, because I think the more laws you pass and the more things
that happen, none of the laws seem to ever take place. I mean, most
of the people will get around it somehow. Look at our present
administration in Washington. I mean, they have gotten around so many
things, you wonder where in the world are all of those good laws? And
how do you prove that they've done it? That's another thing, Miss
Mac'Kie and Mr. Norris, that how are they going to prove all of these
things? There's so much instability in all of their corrections and
all of their statements.
So I guess I just wanted to say that I wanted to get up and speak
for the first time and get my feet wet, as they say, and state that I
am very definitely against that ethics committee. Thank you very
much.
CHAIRMAN HANCOCK: Thank you, Mr. Olds.
Commissioner Berry, did you have anything to add? There's
obviously three commissioners that are not interested in proceeding.
Before making a decision on this, I wanted to know if there's anything
you wish to add.
COMMISSIONER BERRY: I think I have probably come full circle.
You can call it waffling. You can call it changing your mind. And I
guess I'll plead that since I'm a woman, I have a right to change my
mind.
I have changed my mind because I mentioned -- I think I brought
up early on that we ought to form a committee and kind of supported
that effort. Certainly got chastised because I thought maybe they
ought to make a statement about ethics in regard to the media. That
one got attacked pretty good. Still don't think it's a bad idea. I
mean, I knew you couldn't mess with the first amendment and I wasn't
attempting to, but I just thought maybe a general statement of
agreement of responsibility for what was being printed, I thought that
was kind of a nice little catch. But obviously the people don't want
that. They want to read, you know, maybe borderline garbage, but
that's okay.
So we'll say that's fine. You go ahead and do what you want to
do and that's perfectly all right. I really -- it doesn't make any
difference to me. I can read it or not read it.
In regard to each one of us, I have to agree with Mr. Van
Arsdale. I think that statement is probably a pretty good one, and we
can set up here and we can establish committees -- and it was funny,
after I had brought this up, the very thing Mr. Constantine mentioned
about oh, okay, you county commissioners are going to set up a
committee, you're obviously going to get people that think like you
think and so nothing is going to be gained. So immediately we try to
address the concern, and we're immediately criticized because we're
setting up the committee. That's one side. The other side is sitting
over here, be it the political entity -- the Republican party says I
can't imagine why you're not jumping on this and doing this
immediately. I mean, you obviously -- you don't understand the
seriousness of this problem. Why would you not want to look into the
ethics, et cetera, et cetera?
Again, I go back to no matter how many things we put on the
books, laws, rules, regulations, we could sign pledges, we could sign
all sorts of things -- and I even told Miss Mac'Kie back when she
first ran for office many years ago, I said Pam, it's an amazing thing
when you run for office. Up until the time you get in public office,
you're a pretty good person. And the day you take the oath, you lie,
cheat and steal. It's just amazing to me how that happens just
overnight. Up until that time, you're a decent individual and people
for the most part kind of like you. But now all of a sudden we're in
this position.
CHAIRMAN HANCOCK: Not all of us.
COHMISSIONER BERRY: Well, somewhere along the line probably your
parents thought you were okay, Tim.
At any rate, I have come full circle on this and I firmly believe
there is nothing to be gained for anybody to establish this committee.
I think, again, we have a process and it is amazing, everything that's
been said up here this morning, it brings the thing right back to the
relevancy of we have the rules that we all have to live by. It wasn't
long ago that they were commended because of the Estero fire situation
and now, since it's in Collier County, they're not commended. And
it's -- this is a no win, and it's ridiculous, and I think we have a
charge here to run the county business. And if it's proven that we
are not doing our jobs running this county business, I believe that
that will be addressed in the electorate process.
And so at this point in time, I'm saying, from my standpoint, I
can't support going in the direction of a committee.
COHMISSIONER NORRIS: Is that a motion?
COHMISSIONER BERRY: That's a motion.
CHAIRMAN HANCOCK: We have a motion to not move forward in the
formation of an ethics committee. I am going to support the motion.
I don't know about the rest of you, but every speaking engagement I
have had since this issue was broached, I have dealt with ethics. I
have talked to people about it. They have asked their questions.
They will continue to do that, particularly next year. So my
opportunity to address the ethics issue is directly related to my
desire to get out there in front of people and deal with it. And that
desire is strong and that desire will continue and anyone that has any
questions has my phone number and my address and we will deal with
those individually. But the business of this board occurs in its
agenda on Tuesdays. And you said it best, from Tuesday to Tuesday
we're responsible for our own actions and we should be held
accountable for those and we are by the state. We are by the laws.
And those laws should be enforced to the fullest extent. I don't
think anyone here disagrees with any of that, but I have to support
Commissioner Berry, and I think an ethics committee is the wrong
vehicle to make sure or to ensure that people's values reflect the
community's values. That's what the electoral process is for.
COHMISSIONER BERRY: And I further encourage, if there are some
groups out there that think they want to study the ethics rules that
are in place, I would commend them. I am sure you can get a copy of
it from the county attorney's office. They have the statute books.
They're more than welcome to get a copy of those ethics rules that we
have to follow. If they would like to choose a study -- and I would
encourage the current Republican group, if they would like to know
more about what we have to follow, I would encourage them to come down
here, get these statutes and go ahead and do a study on them. After
they do that, if they feel like, you know, that there is something
that needs to be done further, then I would suggest that they contact
their local representative in Tallahassee, which would be Mr.
Saunders, and deal with it through that entity. I think that that
would be the best procedure that they could follow. I would hope the
rest of you would agree with that.
COHMISSIONER HAC'KIE: I have one question on that point. I
wonder if we might want to go one step further and that is to ask our
county attorney to prepare a presentation and have some kind of a
public forum, perhaps in this room on an evening, when people could
come and be informed. Because that was a primary goal for me of the
committee was that it would inform the community about what the
standards are. So why not have that kind of a forum here to present
information to the public?
COMMISSIONER CONSTANTINE: I guess, if the majority of the board
wants to do that, that's fine. One of the things I do -- this week
alone I have five speaking engagements. I'm sure you guys are doing
roughly the same thing. As we get into season, that's a typical week.
And I hit on three major topics, usually, and then open it up for
questions. One of those topics has been exactly that, in dealing with
some of the questions that have been raised this past summer and fall
but also dealing with the specifics of what we have to follow and what
the state law requires. And we can have a forum here and we'll have
Mr. Agoston and Mr. Olds and the same folks who come every time and
probably some new faces but --
CHAIRMAN HANCOCK: Not that we don't like seeing you.
COMMISSIONER CONSTANTINE: No, we love seeing you.
COMHISSIONER MAC'KIE: Well, except for when you insult me, Tom,
but other than that.
COMHISSIONER CONSTANTINE: This week, for example, I will speak
with over three hundred people from various homeowner groups and I'll
bet they aren't otherwise down here, and I will continue to do that
week after week through Easter and then it usually slows down. But I
think each of us doing that can reach far more people and far more
directly. You know, if the majority of the board wants to do it, I
don't object, but I just don't know that it's the most direct route to
reach people. You know, I think going to their community and talking
about it on their turf really opens it up that much more.
COMMISSIONER MAC'KIE: I think people want to see their local
government do something about informing the public about what its
ethics are. And that it would at least be useful to offer a public
forum. If the board doesn't want to do it, maybe the League of Women
Voters will, maybe. You know, I'll work with some other groups to try
to -- I think the community needs some education about what the rules
are, and that they would like that from their government and not from
us individually.
COMHISSIONER BERRY: I think that's an excellent point, though,
Pam. The League of Woman Voters, and, again, the Republican party can
do this on their own. This would be a wonderful initiative for them to
take on and do this, research this information, make a public
presentation. They have a monthly meeting. They can certainly do it
at that point in time. They can go on and do a little dog and pony
show on the road and put it on for different groups. What a wonderful
community service.
COMHISSIONER MAC'KIE: I guess I wish we would provide that
service.
CHAIRMAN HANCOCK: What I am concerned about is, the truth is,
the hard questions should come to us, not to the county attorney. And
to put the county attorney up here explaining the laws is fine, but
when someone says well, what about when a commissioner does X, Y or Z?
He can tell them whether that either violates or doesn't, but the hard
questions are the ones that come to us.
COMMISSIONER MAC'KIE: So there's the improvement. We could be --
this could be a workshop where we participate. That would be even
better.
CHAIRMAN HANCOCK: My point is, I am workshopping this issue
every week.
COMMISSIONER MAC'KIE: But not as a group.
CHAIRMAN HANCOCK: I am workshopping it the same as Commissioner
Constantine out in the community.
COMHISSIONER MAC'KIE: Okay. I mean, I give.
CHAIRMAN HANCOCK: I'm just saying I think there's several ways
to skin a cat. The way I choose to do it is direct the questions to
me.
COMHISSIONER CONSTANTINE: Mr. Chairman, I am going to second the
motion and call the question.
CHAIRMAN HANCOCK: Motion and seconded.
Any further discussion?
See none, all those in favor, signify by saying aye.
Opposed?
COMHISSIONER MAC'KIE: Aye.
CHAIRMAN HANCOCK: Motion carries four-one.
Item #10B
RESOLUTION 97-437 DECLARING A VACANCY ON THE ENVIRONHENTAL POLICY
TECHNICAL ADVISORY BOARD - ADOPTED
We are to item 10-B on our agenda, recommendation to declare
a vacancy on the Environmental Policy Technical Advisory Board.
COHMISSIONER CONSTANTINE: Mr. Chairman, this one is fairly cut
and dried. I just wanted to check, has anyone spoken to the gentleman
who hasn't attended any meetings? Has anyone made an effort in any
way to contact him?
MS. FILSON: Mr. Lorenz (phonetic) sent a letter to him and has
spoken to him. And it appears that he has responsibilities out of
town, but he didn't send me a letter of resignation.
COHMISSIONER CONSTANTINE: Mr. Chairman, I will move the item.
COHMISSIONER NORRIS: Second.
CHAIRMAN HANCOCK: We have a motion and a second. We do have a
speaker on this item.
MR. FERNANDEZ: You have one speaker, Mary Dunavan.
CHAIRMAN HANCOCK: Mary, if you could wait just a second, the
court reporter has to make a paper change.
MS. DUNAVAN: My name is Mary Dunavan speaking for myself, and
thank you, commissioners and Chairman Hancock. Speak up, okay.
I am not against whoever you want to appoint. I have a problem
with who is your chair for the Environmental Policy Technical Advisory
Board and I also have a problem with you have other environmentalists
sitting on that board. And they bring lawsuits against this county.
They bring lawsuits -- they -- the environmentalists bring lawsuits
against -- all over the United States, so this is one of their ploys
and in these lawsuits, it ends up changing sometimes the way the law
was specifically set up in the first place. And so I have been
reading "Saviors of the Earth," Michael S. Coffman, "Politics and
Religion of the Environmental Movement" and I am going to read a small
section. This is from Peter Daniels, a member of the international
monetary fund, who has outlined five critical keys to a nation's
economic and political stability.
CHAIRMAN HANCOCK: Mary, I understand the point you're making.
MS. DUNAVAN: Okay.
CHAIRMAN HANCOCK: But the one issue before us is whether to
declare a vacancy on a committee. The existence of that committee is
not on our agenda today.
MS. DUNAVAN: Okay.
CHAIRMAN HANCOCK: So if I could ask, if you want to come back
under general comment with those statements, I think they would be
appropriate at that time.
MS. DUNAVAN: Okay. Sure will. Thank you.
CHAIRMAN HANCOCK: Thank you, Mary.
COHMISSIONER CONSTANTINE: Just a general topic that we may want
to put on the agenda in a future week, I don't want to get into it too
far now because it's not -- but interestingly, when we talk about
conflict of interests and those issues, that not only with the
environmental issues but on the TDC board we have hoteliers who vote
every week, and that's under state statute we're required to have, and
obviously we want the expertise of people with environmental
knowledge voting on environmental issues, but there is an inherent
conflict there if you happen to run a hotel and you're voting on an
event that's going to make money for your hotel or if you're paid by a
particular environmental thing and you vote on something that impacts
your group specifically, and it just might be an interesting
discussion one week to see.
COHMISSIONER NORRIS: We had this discussion last week.
COHMISSIONER CONSTANTINE: I know you were suggesting that we not
have any of those people, but it might be a little different approach
to that, but it's just -- it's interesting, not just on
environmentalists, but on all kinds of boards, we have some inherent
conflicts.
COHMISSIONER HAC'KIE: For example, the development services
advisory board, that is, but in my view, who better to advise on those
issues than people with expertise.
CHAIRMAN HANCOCK: Just as I asked Mary to put her comments in
the appropriate place, I am going to do the same for my colleagues.
So if we want to have that discussion again, let's put it on the
agenda for next week.
COHMISSIONER NORRIS: We're going to have it again when Mr.
Weigel develops some information for us.
CHAIRMAN HANCOCK: Correct. I understand where you're going, but
I think it's -- again, a variety of things.
Any further speakers on this item?
MR. FERNANDEZ: No.
CHAIRMAN HANCOCK: We do not. I'm sorry, I think we had a motion
and a second on the floor when we went to speakers; is that correct?
MR. FERNANDEZ: That's correct.
CHAIRMAN HANCOCK: Okay. Then is there any further discussion on
the motion?
COHMISSIONER BERRY: What's the motion again, please?
CHAIRMAN HANCOCK: The motion is to declare a vacancy on the
Environmental Policy Technical Advisory Board of Mr. Byron Heade. He
will be ousted.
All those in favor, signify by saying aye.
Opposed?
(No response.)
CHAIRMAN HANCOCK: Motion carries.
Item #11A
USE OF CONFISCATED TRUST FUNDS TO PROVIDE HATCHING FUNDS FOR A FEDERAL
GRANT - APPROVED
Next item under ll-A is formerly item 16-H-5. This is a
request by Commissioner Constantine regarding the long-term fiscal
impact of a purchase of the confiscated trust funds, as I read it.
COHMISSIONER CONSTANTINE: I just wanted to make sure there were
no -- it says no recurrent costs, but I wanted to make sure this
wasn't -- I wanted to understand the item. We have a one-time
educational thing for the officers that will never happen again in the
future years or how does this work?
DR. FERGUSON: For the record, ladies and gentlemen, my name is
Dr. Edward Ferguson with the Collier County Sheriff's office. I am
the principal investigator on this project. To answer your question,
yes, this is a one-year grant. We were one of eight agencies in the
United States to receive this grant from the National Institute of
Justice. It is a one-year research grant. The only way that this
would ever come up again is if the grant would ever be extended, would
be that the results of the research would show that the pilot programs
could go on and it would be looked at for refunding through the
National Institute of Justice. That's it.
COHMISSIONER CONSTANTINE: That's really what I am asking,
though, this -- not the grant being a one-time thing but the program,
the initiative --
DR. FERGUSON: The initiative is a one-year grant, yes.
COHMISSIONER CONSTANTINE: I know it's a one-year grant. That's
not my question. Is the initiative -- when you say it's a pilot
project, does that mean it's likely a year from now when Sheriff
Hunter gets up and requests a fourteen percent increase and says he
can't possibly live without it, that this program will be something
that he thinks is part of that?
DR. FERGUSON: No. It is finished after one year.
COHMISSIONER CONSTANTINE: Thank you.
COHMISSIONER HAC'KIE: Motion to approve the item.
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, thank you for being here this
morning. Appreciate it.
We are to the advertised public hearings and we're also to a
point at which it's always a welcome break for our court reporter so
PUBLIC COHMENT - HR. THOHPSON REGARDING VICTIH OF CODE ENFORCEHENT
COHMISSIONER HAC'KIE: Public comment?
CHAIRMAN HANCOCK: I'm sorry?
COHMISSIONER HAC'KIE: General topics.
CHAIRMAN HANCOCK: I'm sorry, yeah. Let's go ahead and go to
that. I apologize.
Public comment on general topics. One of them should be Ms.
Dunavan.
MR. FERNANDEZ: First speaker is Kenneth Thompson and then Jack
Bowman.
COHMISSIONER HAC'KIE: If you're more comfortable sitting, you
could use that a hand mike, sir.
MR. THOMPSON: I just come here to -- my name's Kenneth W.
Thompson and I live at 2831 Becca Avenue. And the reason I'm here, I
have been a victim of code enforcement three times. I am falling a
victim to them again and I am a man that's going to say what I want to
say. And Mrs. Hac'Kie, you should pay more attention to your job. I
have been wanting to tell you for two years. You do not -- you do not
reply back to people. They call you. I have been to your office. I
keep getting the runaround, and you are personally unavailable for
this job. I want you to know that. Because if you were --
CHAIRMAN HANCOCK: Sir, I'm --
COMMISSIONER MAC'KIE: That's okay. I mean, I don't mind his
telling me.
MR. THOMPSON: As far as the Collier County --
CHAIRMAN HANCOCK: I just think the respect goes both ways.
MR. THOMPSON: I will regard it and I'll respect her, okay? I am
trying to, but I am trying to tell you what --
COMHISSIONER MAC'KIE: I'm happy with you here.
MR. THOMPSON: -- I'm saying.
CHAIRMAN HANCOCK: I understand. I just want to make sure it's
in a respectful manner. That's all I'm asking.
MR. THOMPSON: Oh, yeah.
CHAIRMAN HANCOCK: Thank you.
MR. THOMPSON: Anything I say is in a respectful mode. I have
been here 40 years and I have never seen so many people come here to
run this county. I think if we would vote a mayor in here for the
people and get rid of this county commission, we would be better off.
And I'm a fallen victim of code enforcement again, and Mrs. Mac'Kie, I
take back everything I say if you would help me do one thing.
COMHISSIONER MAC'KIE: What's that?
MR. THOMPSON: To stop the City of Naples coming in here, dumping
their trash, this free mulch they call it. They dump thirty-eight
loads by me, and it's the most rottenest garbage. It's full of trash,
beer cans and you name it. Mr. Arnold will tell you it's not
infested. The man is a -- what do you call it? He runs off to other
countries. And when he come back, it was all growed up. And every
time I go over to talk to Bill Bolgar, he don't like me, and God help
him, I don't like him.
But don't talk about the Collier County newspaper, because what
it says that you are neglecting your job. And I will take that back
and I will vote for you again if you will help me get the city to quit
dumping their trash in the county, because they charge us for beach
stickers. Why charge us for beach stickers? The beach stickers are
in the county. The city -- it's not Mexico; it's in Collier County.
And I want to tell you another thing. I offered to landscape out
of my own pocket. I had the plants. I am a gardener, landscaper. I
don't need no engineer. I am an engineer. I offered to put all of
the plants from 41 to the bridge out of my own pocket just like Mrs.
-- the lady that was here a minute ago, Mrs. Long. I went to several
people. They keep telling me they need an engineer. I seen some
figures on Airport Road that engineered that. Lord of mercy, you turn
this way and you kill the guy coming at you because you can't see
nothing. And if you call that an engineer, I'd hate to have him
landscape my yard. And you come to 2831 Becca Avenue and it will tell
for yourself.
I have code enforcement. They inspect my roof and the roof
wasn't even on it. They C.O. it, and I am sick and tired of code
enforcement telling me that it's okay. So I'm asking the five of you,
and Mr. Constantine, I apologize to you again for last Christmas.
What a Christmas that was. My wife is the head of neighborhood watch.
We had so many troubled women out there looking for a place. I had to
put a fence up to keep 'em out of my yard. And since we got Mrs. Rosa
White, my wife, and a bunch of people together, we have got rid of
them. And when you start giving Hunter any more money, think twice.
I thank you.
COHMISSIONER HAC'KIE: I just invite you to come -- sir?
MR. THOMPSON: The best I can do. I will vote for you again.
COHMISSIONER HAC'KIE: I would like to invite you -- and
actually, I will take this opportunity to a make a little plug that
Wednesday night in this room, tomorrow night from seven to nine, is
the first meeting of what we're so far calling the Bayshore-Avalon
redevelopment team. It's going to be -- hopefully we -- I personally
sent out over two thousand letters to individual property owners. I
hope you got one.
CHAIRMAN HANCOCK: Okay. I think this is under board
communications.
COHMISSIONER HAC'KIE: Be there seven to nine if you're
interested in Bayshore.
CHAIRMAN HANCOCK: Public speakers next.
COHMISSIONER HAC'KIE: Tomorrow night.
PUBLIC COHMENT - MR. JACK BOWMAN AND PETE KOSCIK REGARDING CONTRACT
WITH EAST NAPLES FIRE DISTRICT FOR SERVICE FOR ISLES OF CAPRI
HR. FERNANDEZ: Hr. Jack Bowman and then Pete Kocik.
MR. BOWMAN: I thank the commission for this opportunity. And I
preface my remarks, I am not mad at anybody. My name is Jack Bowman.
I have been a winter resident of the Isles of Capri for approximately
twelve, thirteen years. I am here today to present some information
or ask some questions with regard to the association of the Capri Fire
Department with the -- presumedly a takeover by the East Naples Fire
Department or the merger or whatever the current terminology is.
I am here to urge the commission to give the Isles of Capri
residents an opportunity to review all of the facts, the facts that
have been presented by our own fire department and not necessarily
those of our own fire board. I would like to refer you to your own
administrative staff, which in my opinion is very capable. And lots
of information I received from your staff indicate -- as I have
indicated in the letter which I distributed yesterday -- that we don't
need fixing.
Now, I understand there's a motion now that sometime this week
that members of the staff will meet with the East Naples group and
work up an agreement. And if you have attended those meetings we have
had on the Isles of Capri, it's obvious that the majority of the
residents would ask you to defer that until all of the facts are
studied. It's apparent to us that it isn't necessary to associate
ourselves with the East Naples Fire Department. We're perfectly
capable of handling it our own way.
COHMISSIONER CONSTANTINE: Commissioner Norris, when is this
scheduled to come back to the board?
COHMISSIONER NORRIS: I don't know that we have it on the
schedule. We had it on the board, as you know, and because of
concerns on the Isles of Capri, that people felt they didn't have
enough information, we delayed it as promised, Mr. Bowman. As
promised. Not like you said in your anonymous letter that you sent
around. It was exactly as I promised the night of my meeting.
COHMISSIONER CONSTANTINE: The point is, we are going to try to
COHMISSIONER NORRIS: Last Friday night we did have a big meeting
down there that the public was invited to. We also have a commitment
to the Isles of Capri Civic Association to do it again with them. And
that will be done before it comes back to the board. That was the
commitment that we made and we're following through with those
commitments to the letter.
COHMISSIONER CONSTANTINE: Mr. Bowman, will that address your
concern of making sure there's appropriate public input if there are a
couple -- a couple or three public hearings right there on the Isles
of Capri?
MR. BOWMAN: Well, yes, yes. But in the past -- by way of
background, I am currently building a house and I am a winter
resident. Normally I wouldn't be in town in September or October, but
to ensure domestic tranquility in picking out, Mrs. Bowman's in
charge. And in cruising around passing -- seeking information that I
heard with regard to this takeover, people said --
COHMISSIONER NORRIS: Mr. Bowman, please. Mr. Bowman, I am not
going to let you do that. This is not a takeover. It's not a merger.
There is no proposal whatsoever to do that. There's no proposal to
raise taxes as you have been intimating in your letters. There is no
proposal to take over the district. There's no proposal to dissolve
the district. There's no proposal to stop using your fire station.
It's simply a request by your own fire department to -- to see if we
could contract for service in your fire department with the East
Naples district to give you twice as much coverage for the same
price. There is nothing more to it. And I am not going to let you
get away with saying a takeover or a merger.
MR. BOWMAN: Your administrators have indicated to us and our
citizens' committee that what East Naples has proposed will provide
less service.
CHAIRMAN HANCOCK: Rather than -- rather than having that public
debate twice, I think what's important is that the community meetings
continue with -- as what was this past Friday at the Isles of Capri
Civic Association. In the meantime, all the residents of Isles of
Capri are welcome to contact me, communicate with all the members of
this board so that we try, as our elected role, to perform the will of
the people on this matter. That's really all we're asking is that the
information get out there and that an informed public let us know what
their desires are so that we can help accomplish that for them.
MR. BOWMAN: Is it on the agenda now to pursue this meeting? I
understand from the chief that they're meeting tomorrow and the next
day with the county people, administrators, to work out this agreement
or this arrangement with the Isles of Capri. Is that true or false?
CHAIRMAN HANCOCK: I am sure there's a meeting --
MR. BOWMAN: I would urge --
CHAIRMAN HANCOCK: Mr. Bowman, are you going to let me answer?
MR. BOWMAN: Yes, sir.
CHAIRMAN HANCOCK: Why, thank you. I am sure that in our
direction to formulate some type of contract for consideration -- I
mean, you can't consider a concept without the details. A contract
has to be established for us to be able to compare apples and apples.
That contract has to have all the details of cost for coverage,
personnel and whatnot contained in it for us to try to make an
educated decision as to which service best serves the people of Isles
of Capri.
So yes, our staff is involved in developing a contract for
service with East Naples for to us look at so that we and the public
can determine if that contract best serves them. So yes, we're in the
process of forming that. Without it, we're just talking concepts and
that generally doesn't get us anywhere.
MR. BOWMAN: What's the time frame of this?
CHAIRMAN HANCOCK: Mr. Fernandez?
MR. FERNANDEZ: I am not sure of the time frame. I think we are
in the process this week of holding some meetings with East Naples to
work out those details. I think it's going to depend upon how well
we're going to be able to express in proper contract form the
concepts that have been discussed, and then, of course, it would
require county attorney review before coming before the board.
CHAIRMAN HANCOCK: Once that document is completed, the county
attorney review or even drafts are public documents, so no one is
trying to ramrod, Mr. Bowman. No one is trying to fast track
anything. We're just looking to get information for comparison
purposes and a contract -- a draft contract is necessary to do that.
So if you will communicate with either the county administrator's
office or the county attorney's office, as soon as that document
becomes available, it's public record and you're welcome to it.
MR. BOWMAN: Well, then, in pursuit of the democratic process,
say this comes back and it's approved, then what's the next move? How
will the Isles of Capri be able to respond, procedurally? Because our
fire advisory board obviously is already -- irregardless of what they
come up with in East Naples, they're going to vote in the affirmative.
Those five guys do not represent the majority of the people of the
Isles of Capri. What opportunity are we going to have?
CHAIRMAN HANCOCK: You are not an independent fire district,
therefore, as residents of the Isles of Capri, every budgetary
decision within that does not go to a vote because you're not an
independent district. Much like any county operation, it is this
board's job to set policy and our administrator's job to carry it out
in the --
MR. BOWMAN: It's the county administrator --
CHAIRMAN HANCOCK: -- providing of services. Mr. Bowman, please
don't interrupt me, sir. I don't interrupt you.
MR. BOWMAN: I apologize, sir.
CHAIRMAN HANCOCK: We will make that decision at the appropriate
time after having input from the residents, sir. We are all publicly
accessible. So we will make the decision based on the information
provided us and the response and indications from the citizens of
Isles of Capri in a public forum in a public hearing. That is process
and it is due process. We're not required to go to an election on
every facet of government service, including the Isles of Capri Fire
Department. It's much like our roadway system. I mean, we don't vote
on every element of that. We don't take that to the voters. So it's
treated the same as every other government service. It's a part of our
overall service program and services we provide to the community. So
no, there won't be a community-wide vote.
MR. BOWMAN: There will not --
CHAIRMAN HANCOCK: No, sir.
MR. BOWMAN: -- be a community-wide vote?
CHAIRMAN HANCOCK: No, sir.
MR. BOWMAN: Then our petitions are worthless?
CHAIRMAN HANCOCK: No, sir. Did I just say that? I'm sorry.
thought I said that we would be --
MR. BOWMAN: That it would not be put to a vote, you said.
CHAIRMAN HANCOCK: That's correct.
COHMISSIONER HAC'KIE:
board.
COHMISSIONER NORRIS:
COHMISSIONER HAC'KIE:
COHMISSIONER NORRIS:
COHMISSIONER HAC'KIE:
The voting is to elect the people on this
No, we appoint them.
No, no, on this board.
On this board, okay.
If we don't vote the way you want us to,
then your recourse is to get us out of here.
COMMISSIONER CONSTANTINE: The important thing is Commissioner
Norris has said there's going to be both meetings on the Isles of
Capri, so there's opportunity for input there. If it makes it back,
and it appears that's still an if, but if it makes it back to this
board, it's a public hearing just like today and there's ample
opportunity then. So the residents of the Isles of Capri will have
ample opportunity under the process, if it even ever makes it back
here to this board. If it does, there's an opportunity to stand up
just like you are now. And obviously if the community's will is very
clear in one direction, then the board is hard-pressed to do something
else. So there will be every opportunity for the community to
participate in the process.
CHAIRMAN HANCOCK: Commissioner Berry.
COMMISSIONER BERRY: It seems like the most important thing that
has to happen now is the full education of the residents on the Isles
of Capri so they know exactly what is involved in this whole operation
here, what's trying to be done and the reason for it. And I think
meeting with Mr. Fernandez and having these civic group meetings, et
cetera, is the perfect way to get that accomplished. CHAIRMAN HANCOCK: Agreed.
COMMISSIONER BERRY: So I would encourage, if there's any other
groups down there other than the Civic Association on the Isles of
Capri, I would -- I would try and get as many people out to these
meetings or set up meetings so everybody has got the same song and are
singing from the same page. But the main thing right now it sounds to
me is a lack of information for everybody down there and a lack of
understanding as how this transpires, and I am certain that Mr.
Fernandez can certainly help in that.
CHAIRMAN HANCOCK: Let's wrap that up, Mr. Fernandez, if we can.
MR. FERNANDEZ: Mr. Chairman, I do agree that education of the
residents is a very important element in this, but I do think there's
been confusion about the role of the Isles of Capri advisory board.
And the reason for that confusion is because it's one of the two
dependent districts that you have. This Board of County Commissioners
is the governing board for that fire district, not the advisory board
of the Isles of Capri fire district. That's just an advisory board.
So I think there's some expectation on the part of the community there
that that advisory board consider the sentiments of the public and
carry that sentiment forward to the Board of County Commissioners,
when in reality, as an advisory board, they really don't have the
obligation to do that. This board is going to be making the decisions
about that. And as we have said, the public forum that you hold here
at the time that that product is presented to you is the time that you
will hear the input from the community. So I think there's some
confusion in that there's an expectation that the Isles of Capri
advisory board should reflect that community's sentiment and it's not
necessarily their obligation that they do that.
COHMISSIONER BERRY: That's part of the education process, is
that clearing up that matter of who does what here and what the
responsibilities are.
CHAIRMAN HANCOCK: It is this board that ultimately will act --
MR. FERNANDEZ: This is the board that will make the decisions
CHAIRMAN HANCOCK: -- on the recommendations.
MR. FERNANDEZ: Right.
MR. BOWMAN: So in conclusion, Mr. Chairman, we should meet with
the county manager and members of his staff, Mr. Oates, and they will
assist us in considering our proposal for presentation to this group,
right?
CHAIRMAN HANCOCK: You can do that. Mr. Fernandez's office will
make the appropriate staff available to meet with you on whatever the
issue is. I don't understand what you're planning on presenting in
the first place, but assuming that, yes, Mr. Fernandez's office will
designate the appropriate staff to meet and discuss with you what
options are available. Thank you, Mr. Bowman.
MR. BOWMAN: Then there will be no action by this committee until
we have met?
CHAIRMAN HANCOCK: No, sir. This board -- this board will take
action in an appropriate time frame in a publicly advertised meeting
as we do on all actions that come before us.
MR. BOWMAN: Thank you.
CHAIRMAN HANCOCK: Thank you.
Next speaker.
MR. FERNANDEZ: Next speaker is Pete Kocik and then Ty Agoston.
MR. KOCIK: Good morning ladies and gentlemen. My name is Pete
Kocik and I am a resident of the Isles of Capri, and in your wisdom,
you covered a lot of points that I was going to address here this
morning. But a couple that I would like to bring to your attention
are that there are no documented problems with the fire department on
the Isles of Capri. There has been a lot of speculation as to us
having problems down there, and I believe a lot of them have been
created by the advisory board that the -- the advisory board I believe
has created issues that are nonexistent. So I would like for you to
take into consideration this hasn't been documented yet as any of the
problems that -- for being reasons why we should subcontract out to
East Naples.
Also, Mr. Norris, there has been an address to East Naples
merging with the Isles of Capri and it was addressed by the fire
advisory board on October 2nd and it was specifically mentioned there
would be consideration for merger with Isles of Capri by East Naples.
COHMISSIONER NORRIS: That is not what is under consideration.
MR. KOCIK: Well, it's in the minutes, sir.
COHMISSIONER NORRIS: That's not what is under consideration by
this board.
MR. KOCIK: No, not at this time. I understand that.
COHMISSIONER NORRIS: Well, anybody can say anything they want to
at any time, but what's under consideration by this board is simply a
contract for services, not a merger and not a takeover and not a
discontinuation of your fire service and your station.
MR. KOCIK: I understand that's not under consideration at this
time, but I just wanted to make known to you it was mentioned.
COMHISSIONER NORRIS: I am well aware of that. I am just saying
that's not what is under consideration by this board.
MR. KOCIK: Okay. Well, finishing up, I would just ask you to
take all information that would be presented to you before any -- any
action is taken, which you have explained when it will be taken. So,
thank you.
CHAIRMAN HANCOCK: Thank you.
COMHISSIONER CONSTANTINE: That might explain, though, why
there's some misconception. If someone said that in a public hearing
and that was repeated, that may --
COMHISSIONER NORRIS: Well, Mr. Bowman is circulating letters
indicating that it was going to be a takeover by East Naples and taxes
going up and that sort of thing. I mean, that sort of misinformation
spread by Mr. Bowman is certainly the root cause of the discontent on
the Isles of Capri.
CHAIRMAN HANCOCK: Mr. Fernandez hit on the key. There is an
advisory board in place, but the final fiscal decisions and policy
decisions for that department are set by this board. So that's a very
clear distinction that needs to be made. They are advisory and we
certainly take their recommendations under consideration, but they are
nonbinding. So we will hopefully continue to do what we think is in
the best interests of the citizens of Isles of Capri with the input
from both the advisory board and the citizens.
MR. KOCIK: Right. Then I think a lot of residents have become
aware of that, that it's not the advisory board. They were under the
misunderstanding that that's what it was. And so we will be looking
to you for the final on this. Thank you.
CHAIRMAN HANCOCK: Thank you.
PUBLIC COMMENT - TY AGOSTON REGARDING ADVISORY BOARDS AND SHERIFFS
DEPARTMENT 800 NUMBERS
MR. FERNANDEZ: Mr. Ty Agoston and then Mary Dunavan.
MR. AGOSTON: Good morning, ladies and gentlemen. My name is Ty
Agoston. I live in Golden Gate Estates and I am speaking for myself.
Last week I have attended the Sustainable Southwest Florida meeting
that was held in Naples. As a matter of fact, I ran across Mr.
Hancock, who had made some remarks, as I understand.
CHAIRMAN HANCOCK: I did note you were late, Ty.
MR. AGOSTON: Well, you know, I don't get up as early as I used
to. An interesting thing that I ran across -- I generally look at the
material handout just to pick up some information, and I have noticed
that there was a stack of applications. Apparently there is a vacancy
on the -- Governor Chiles' board and I was surprised to see that Miss
Mac'Kie is part of the applicant process there. Apparently she wanted
to join.
COMHISSIONER MAC'KIE: Actually, I have been appointed.
MR. AGOSTON: Have you been?
COMHISSIONER MAC'KIE: Yes.
MR. AGOSTON: Well, I am not going to say congratulations --
COMMISSIONER MAC'KIE: I know.
MR. AGOSTON: -- because I think you know my opinion about that.
But what I was going to ask, I understand you have a young daughter?
COMMISSIONER MAC'KIE: I do, and a son.
MR. AGOSTON: And you believe in a holistic process? Are you
ready to assign to the government the establishment of your daughter's
values or role? Well, that's what that's about. Holistic happens to
mean just that, ma'am. You assign to the government -- you know, this
village concept that someone else will bear the responsibility for
your children. Someone else will set its life role. It explains its
role in life and its -- well, you know, I just wanted to ask. I was
curious.
Another point I was going to make is that I see that the
executive summary contains the members for the technical advisory
board for the county. Frankly, gentlemen, every meeting that I go to,
I see the same people as represented by the Audubon. Represented by
the Wildlife Federation. The Conservancy, several members. It's the
same with this board. I have yet to see a regular, what I call normal
public.
COMHISSIONER MAC'KIE: As opposed to abnormal public?
MR. AGOSTON: Well, I'm sorry for the language. I couldn't
think of a better term to describe what I mean.
COMHISSIONER MAC'KIE: I'm sorry.
MR. AGOSTON: It's just, you know, the average kind of a guy like
these guys sitting here.
CHAIRMAN HANCOCK: Oh, you're by no means average, Ty.
MR. AGOSTON: And, you know, I wanted to publicly apply to that
position. I think I am -- if somewhat overeducated, somewhat
undernourished, but the fact of the matter is, I think I would love to
have a role on an environmental advisory board.
COMHISSIONER MAC'KIE: That would be wonderful.
MR. AGOSTON: I think so, too. The case in point, gentlemen --
ladies and gentlemen, last night my wife was driving home and I have
an island in front of my house for the driveway and there was a black
bear. A back bear in front of my house. The black bear, according to
my wife's estimate, weighed about three, three hundred fifty, four
hundred pounds.
I called the sheriff. The sheriff give me an 800 number. The
800 number told me to call back tomorrow morning. So I was kind of
aggravated. I made a martini and I went and picked up a book.
CHAIRMAN HANCOCK: Did you make one for the bear?
MR. AGOSTON: It did make me feel better. But let me just
continue. This morning -- I had my garbage put out last night and
this morning my garbage was strewn all over my driveway in front of my
house. And I am not all that ambitious to do any physical work so I
was not exactly happy about this. So I called the sheriff's office
and I went through the same kind of a transaction. I was given an 800
number. Now, ladies and gentlemen, I am paying the sheriff to protect
my life, my safety, but more importantly -- and this is where it turns
serious, I have a four year old grandson who lives next door to me,
who comes over very often because he likes to play with grandpa and
grandpa loves to play with him. This damn thing -- oh, by the way,
they finally send a wildlife officer who give me a very pious lecture
about me invading the bear's living area. Now, give me a break,
gentlemen. I mean, I explained to him that I know a little bit about
the law and the fact that I am in a community. COMHISSIONER MAC'KIE: Keep going.
MR. AGOSTON: You know, this happens to be a residential
community. Maybe it's sparsely built yet, but I assure them that that
was a community. He didn't want to hear that. And I told him that
the last time I owned a gun I was sixteen years old and I was part of
a revolution, I had a machine gun, but I may just buy one if it takes
that to defend my grandsons. I mean, I consider a black bear in front
of my house -- hey, guys, I'm a city boy. I know nothing about bears.
What kind of a protection do I count on? Are we paying the sheriff to
hand out 800 numbers? I mean, is this the way we do business?
COHMISSIONER CONSTANTINE: Well, we're paying them about five
million this year to hand out 800 numbers.
MR. AGOSTON: I am well aware of that, but I appreciate your
question about the grant because apparently that's how we get sucked
into higher and higher rates every year. But, gentlemen, I like to
know, do I get protected if I call the sheriff's office, Mr. Hancock?
COHMISSIONER HAC'KIE: Call the sheriff's office and ask him --
CHAIRMAN HANCOCK: Would I have at least sent out an officer to
shine his light around and check around your house and maybe scare off
a bear if that needs to be done, I think that would be appropriate,
yes, but I am not the sheriff. I am just a lowly county commissioner,
so, you know, that's my opinion.
MR. AGOSTON: Well, if they don't share it with you, sir, because
like I said, I got an 800 number.
CHAIRMAN HANCOCK: Which is kind of like getting put on hold on
the suicide prevention line, right?
MR. AGOSTON: That's right. Thank you very much.
COHMISSIONER HAC'KIE: You might want -- Ty, you might want to
call waste management because I understand -- no, no, for the garbage
problem, so you don't to have keep picking it up.
COHMISSIONER CONSTANTINE: Steve Bigelow will tell you the reason
it smells out there is that bears smell bad. It's not really the
landfill.
COHMISSIONER HAC'KIE: Where I was going with this, Ty, is quite
seriously, I know this from my CREW Trust Board -- another one of
those whacko environmental groups -- but there are sort of bear-proof
garbage containers that they make available to more remote properties.
That might at least keep you from having to pick up the garbage.
Can't help you with the grandson.
CHAIRMAN HANCOCK: And you can transport your grandson in them.
MR. AGOSTON: Well, you know, that concerns me, honest to God.
You know, the thing is, you know, garbage I can pick up. I need the
exercise anyhow. But the fact of the matter is, this guy is some
small, guys.
CHAIRMAN HANCOCK: Ty, I am confident that the sheriff is --
someone in the sheriff's office is monitoring this and has probably
heard that and hopefully will take a look at it. But I just want you
to know if black bears are good enough in Port Royal, they're good
enough in your neighborhood.
COHMISSIONER HAC'KIE: It brings you right up.
MR. AGOSTON: It's not the question of the quality, Mr. Hancock,
it's more the question of the threat, you know. I am chicken. I am
from the big city, you know. The last time I saw one of those was in
the Brooklyn Zoo, you know, and I didn't want to see one. I really --
you know, the guy said that I was anti-animals. I said, are you
kidding? I have a cat and a dog all my life. I love them.
CHAIRMAN HANCOCK: As much as I have thoroughly enjoyed this, we
have to go to the next speaker, Ty.
MR. AGOSTON: Thank you.
CHAIRMAN HANCOCK: Thank you.
PUBLIC COHMENT - MARY DUNIVAN REGARDING POLICIES OF THE EAB
MR. FERNANDEZ: Mary Dunavan and then Glen Dunavan.
MS. DUNAVAN: This is going to be a hard act to follow.
COHHISSIONER HAC'KIE: Ty always is.
CHAIRMAN HANCOCK: I didn't mean to cut you off in midstream,
Mary. I just thought this was more appropriate, so why don't we kind
of pick up there; is that okay?
MS. DUNAVAN: Okay. I did want to mention the Sustainable South
Florida group that met and that Nettie Phillips and I attended on
Friday. The SWIG group is the Southwest users' group meeting and that
the public utilities were called to their table and the public
utilities went around with them on how their wording was made and what
they needed to leave out or change or put in. So if they are not
intending for this to be law in our county, why are the public
utilities even going into the tables and such as this. So I think we
have a real, real problem.
And to get back to the Environmental Policy Technical Advisory
Board, actually the environmentalists are the ones that brought the
Army Corps in. The environmentalists are the ones that have asked for
a suit against Commissioner Norris and they have had several suits
against our county. And Peter Daniels, a member of the international
monetary fund has outlined five critical keys to a nation's economic
and political stability. Number one, a rich modern agriculture base.
Number two, a flexible and dependable energy source. Number three, a
diverse non-energy natural resource base. Number four, a thriving
technology base. Number five, a strong educational system grounded in
the basics.
All five of these are under attack by environmental leadership.
If these leaders are permitted to continue unchecked their attack on
these fundamental components, civilization will result in economic
paralysis or worse yet maybe collapse. Our natural resources, for
instance, are the raw materials for our nation's wealth and the engine
that drives our prosperity. All wealth initially starts with the
natural resources. Most Americans are unaware of it, but every
paycheck in America is directly or indirectly dependant on our natural
resource base. Ninety-nine sectors are listed in the scientific
American chart of the input/output structure of the American economy.
All ninety-nine are fundamental links to our natural resources. We
cannot survive without using our resources. There are no exceptions.
So we do have to take care with our natural resources. But the
environmental groups have gone too far and they are destroying
America. Thank you.
CHAIRMAN HANCOCK: Thank you, Miss Dunavan.
PUBLIC COHMENT - GLEN DUNIVAN REGARDING THE ARMY CORPS OF ENGINEERS EIS
MR. FERNANDEZ: Glen Dunavan.
CHAIRMAN HANCOCK: And how many --
MR. FERNANDEZ: Last speaker.
CHAIRMAN HANCOCK: Okay. Thank you.
MR. DUNAVAN: Good morning. I'm Glen Dunavan, and on this
resolution that I am going read, I am representing TAG. It should
have been read a couple weeks ago, but it wasn't.
Be it resolved, that TAG opposes the memorandum of understanding
(MOU) of the environmental impact statement (EIS).
Whereas, in the October 21st, 1997 Collier County executive
summary, the Collier County attorney cited unfavorable positions in
MOU paragraph -- and it lists nine paragraphs which I won't go through
-- and
Whereas the Collier County commissioners have been made cognizant
of other valid concerns regarding this MOU and the EIS by the
taxpayers, voters and citizens of Collier County and by organizations
such as TAG, citizens for constitutional property rights, Collier
County building association and chamber of commerce, and
Whereas, the Lee County Board of Commissioners have been strongly
advised to respectfully decline to enter into the EIS, and
Whereas, the Army Corps of Engineers has not responded
satisfactory to forty-six questions submitted to the Corps by the Lee
County Board of Commissioners, and
Whereas, the Army Corps of Engineersw white paper dealing with
EIS recommends establishing new revenue bases to support Sustainable
South Florida capital requirements by incorporating the Governorws
commission on Sustainable South Florida into the EIS, which
translates to a new and increased taxes for Collier County taxpayers.
Therefore, let it be resolved that Taxpayersw Action Group
opposes the MOU and the EIS and respectively (sic) requests the
Collier County Board of Commissioners decline to enter into the MOU
and the EIS in the interest of taxpayers, voters and citizens of
Collier County.
And this finishes my resolution. Now I will speak on my own.
And reading from a book -- and Mary showed it awhile ago -- by Michael
Kaufman entitled "Savior of the Earth," condensing the contents of a
couple of pages, A1 Gore believes the new central organizing principle
-- thatws another new phrase that they dream up as they go along -- by
the way, hews a great environmentalist. Theywre great at bringing in
new phrases. Another new -- another thing accomplished increase of
power, involvement of the environmental leadership. And thatws the
end of the quote.
This was done by pressuring Congress to pass extremely
restrictive laws, then threatening with lawsuits, as youwre well
acquainted, if they donwt enforce regulations in the way these leaders
demand.
Finally, these poor environmentalist leaders spend hundreds of
millions of dollars to drastically change the intent of the original
law. Does this sound familiar to you, also?
On down it states, in 1960, there were twenty-five thousand pages
of new regulations in the Federal Register each year. Today there are
more than eighty thousand pages annually in the Federal Register.
Our economy is suffering from the results of this. The Clean
Water Act of 1972, Section 404, permitted the Corps to exercise
regulatory responsibility for the discharge of dredge or fill material
into navigable waters. The intent was to keep toxic waste from being
discharged into major waterways and municipal water supply. Nowhere
does the law mention the word wetland. With lawsuits,
environmentalists expand the interpretation of the navigable waterways
so it includes dry land. Bernard W. Good, former chief of the wetland
regulatory office of the Corps, said it was not the intent of Congress
to enact the wetland protection statute but a water quality act. And
I say it was not intended to guarantee lifelong education, affordable
housing, everything you need within a five-minute walking distance, to
keep people out of parks, reduce human consumption and as a course --
the Corps intends to do in this area. Thank you. CHAIRNLAN HANCOCK: Thank you, Mr. Dunavan.
Before we take a quick break, Iwm going to ask -- you know, wewre
fortunate enough to have a lot of people that come on a regular basis
and address the board under public comment and general topics. In the
past, itws been my policy as chairman that those topics need to be
directly related to action the board is taking. Now, the comments
regarding the proposed MOU I find entirely appropriate. What I am
going to ask for your assistance on is if you are looking to just
disseminate information, whether it be about an environmental group,
whether it be on abortion, whether it be on property rights, that
that's not what public comment for general topics is all about. So I
am going to ask you to continue to please refine your comments to
actions or proposed actions that this board is either contemplating or
may come before this board. I appreciate the information, but as I
told Mr. Perkins early in my position as chairman, it opens up the
door for anybody that wants to say anything about any topic or make a
position statement to do so. So I have to be careful not to open the
Pandora's box on that. So I am going to ask for your assistance in
the future. If you would help me do that, I would appreciate it.
With that, the court reporter has not had a break yet. Let's
take ten minutes and return and reconvene with the balance of the
agenda.
(Break was taken at 11:00 a.m.)
Item #12B1
ORDINANCE 97-70 RE PETITION PUD-92-6(1), BRUCE TYPSON OF WILSON,
MILLER, BARTON & PEEK, INC., REPRESENTING PELICAN LAKE LIMITED
PARTNERSHIP FOR THE PURPOSE OF AMENDING SOUTHWOODS PUD BY CHANGING THE
NAME TO PELICAN LAKE; BY CHANGING REFERENCE TO OWNERS; BY INCREASING
THE MAXIMUM AREA OF ALLOWABLE UTILITY/STORAGE FACILITY, AND BY
DECREASING THE BOUNDARY SETBACK REQUIREMENT FOR PROPERTY ON THE EAST
SIDE OF S.R. 951 - ADOPTED
CHAIRMAN HANCOCK: Good afternoon. We're going to reconvene the
-- reconvene the Board of County Commissioners' meeting.
We are at Item 12 on our agenda, advertised public hearings.
Under 12-B, zoning amendments, the first item is PUD 92-6(1). Bruce
Tyson of Wilson, Miller, Barton & Peek, representing Pelican Lake
Limited Partnership. This is a quasi-judicial matter and for that
purpose, members of our staff, members of the petitioner's team and
all members of the public here to speak on this item, please stand and
raise your right hand. Madam Court Reporter, would you please swear
them in?
(Speakers were sworn.)
CHAIRMAN HANCOCK: Thank you. Mr. Nino, good morning.
MR. NINO: Good morning. Ron Nino, for the record. The petition
that's before you would ask you to amend the Southwoods PUD in a very
-- in three ways. One, to change the name of Southwoods to Pelican
Lake.
CHAIRMAN HANCOCK: I don't know if we can handle that one.
MR. NINO: And two, to allow an increase in the size of utility
sheds from 60 square feet to 100 square feet. And three, to reduce
the boundary setback, the perimeter setback from 50 feet to 30 feet.
CHAIRMAN HANCOCK: Mr. Nino, for the purpose of disclosure, I
have met with the petitioners on this item and have had no other
correspondence to my knowledge. I will base my decision on the
information presented here today. And I say that because I am about
to do cut to the chase after everyone else does their disclosure.
COHMISSIONER NORRIS: I have had some contact but I will base my
decision on this hearing.
COHMISSIONER HAC'KIE: I had a brief meeting this morning with
the applicants.
CHAIRMAN HANCOCK: Commissioner Berry.
COHMISSIONER BERRY: I too have met with the petitioner.
CHAIRMAN HANCOCK: Commissioner Constantine.
COHMISSIONER CONSTANTINE: I don't have any recollection of that
but if I did --
COHMISSIONER HAC'KIE: Okay, A1.
COHMISSIONER CONSTANTINE: -- I will -- I will make my decision
as required by state law.
CHAIRMAN HANCOCK: As I understand it, the shed issue is
completely an internal issue; there's no external impacts. Changing
the name is kind of a no-brainer.
COHMISSIONER HAC'KIE: Who could care less?
CHAIRMAN HANCOCK: And providing addressing has seen it and
doesn't have a problem with it. MR. NINO: Correct.
CHAIRMAN HANCOCK: Okay. The only remaining issue is the setback
issue of any substance. I understand the original property owner
created for themselves, whether by accident or omission, a 70-foot
wide strip between two RV parks and they're just requesting a
reduction in setback from 50 to 30 feet along that common boundary and
another one that is adjacent to mobile home zoning. Is that it in a
nutshell?
MR. NINO: That's it in a nutshell.
CHAIRMAN HANCOCK: I don't know about the rest of you folks, but
I don't have a real problem with that.
COHMISSIONER HAC'KIE: Is that strip perpetually vacant between
the two?
COHMISSIONER NORRIS: It's owned by someone.
MR. NINO: It's owned by another party. How it comes about, we
don't know.
CHAIRMAN HANCOCK: They could put a 30-foot wide house on it. I
mean, it's seven acres. It would be a very long, narrow house.
COHMISSIONER CONSTANTINE: Hallway.
MR. NINO: Could plant row crops.
CHAIRMAN HANCOCK: Row crops, there we go.
COHMISSIONER HAC'KIE: Okay.
CHAIRMAN HANCOCK: But it was created by the property owner
because he originally owned the parcels to the north and south.
are there any registered speakers on this, Mr. Fernandez?
MR. FERNANDEZ: No.
CHAIRMAN HANCOCK: Close the public hearing.
COHMISSIONER NORRIS: Motion to approve.
COHMISSIONER BERRY: Second it.
CHAIRMAN HANCOCK: Motion and a second.
Any discussion?
Seeing none, all those in favor, signify by saying aye.
Opposed?
(No response.)
CHAIRMAN HANCOCK: Motion carries five-zero.
Excellent presentation, Mr. Tyson. Thank you.
Item #12B2
ORDINANCE 97-71 RE PETITION PUD-82-29(3), ROBERT L. DUANE OF HOLE,
HONTES & ASSOCIATES REPRESENTING C. C. NAPLES, INC., A DELAWARE
CORPORATION, AND JOHN N. BRUGGER, TRUSTEE, FOR A REZONE FROM "PUD" TO
"PUD", PLANNED UNIT DEVELOPMENT KNOWN AS THE RETREAT FOR THE PURPOSE OF
ALLOWING A CONTINUING CARE RETIREMENT COHMUNITY INCLUSIVE OF
SPECIALIZED HEALTH CARE LIVING UNITS ON TRACT "B" AND MAKING OTHER
CHANGES TO THE AMENDED PUD WHILE CONSOLIDATING ALL PREVIOUS AMENDMENTS
INTO A NEW PUD DOCUMENT LOCATED ON THE WEST SIDE OF NORTH TAMIAMI TRAIL
AND EXTENDING WEST TO VANDERBILT DRIVE NORTH OF WIGGINS PASS ROAD -
ADOPTED
Item 12-B-2, PUD 82-29(3). Bob Duane of Hole, Hontes &
Associates representing C.C. Naples, Inc. and John Brugger, trustee to
fezone from PUD to PUD known as The Retreat. This also is a
quasi-judicial matter. All members of our staff, members of the
public here to speak on the matter and petitioner's team, please stand
and raise your right hand. Madam Court Reporter, would you please
swear them in?
(Speakers were sworn.)
CHAIRMAN HANCOCK: Thank you.
MR. NINO: Hay I ask you to circulate that?
COHMISSIONER HAC'KIE: You knew I was going there. I am looking
for that information.
CHAIRMAN HANCOCK: Okay. And it will be entered into the record,
we have the beneficiaries of the owner's trust presented to the board
at this time.
COHMISSIONER HAC'KIE: First we need to look at it before we
determine if we can vote.
CHAIRMAN HANCOCK: Correct. However, in the area of disclosure,
I have met with Mr. Duane, petitioner's representative, on this matter
and others, but will base my decision on the information presented
here today.
Mr. Norris, yeah, that's your name.
COHMISSIONER NORRIS: Same disclosure.
CHAIRMAN HANCOCK: Commissioner Mac'Kie.
COHMISSIONER HAC'KIE: Brief meeting with Mr. Duane, but that's
it.
CHAIRMAN HANCOCK: Commissioner Constantine.
COHMISSIONER CONSTANTINE: I don't really recall but --
COHMISSIONER HAC'KIE: Okay, Bill.
COHMISSIONER CONSTANTINE: -- I will base my decision as
required by state law.
CHAIRMAN HANCOCK: Commissioner Berry.
COHMISSIONER BERRY: I guess age is a real problem on this
commission. I do remember that I met with someone in regard to this
matter.
COHMISSIONER CONSTANTINE: When you get to be my age, Barbara.
MR. NINO: Ron Nino, for the record. The petition before you
asks you to amend The Retreat PUD to allow on the remaining vacant
tract the construction of a hundred and ninety units of assisted
living facilities. The Retreat PUD was a PUD that was approved for
740 dwelling units. This revision will not change that number,
however, as the staff report points out, in the real world when we're
dealing with 190 units of assisted living facilities versus 190
conventional dwelling units, in the real world there is a substantial
reduction on levels of service and demand for sewer and water, et
cetera.
CHAIRMAN HANCOCK: Did you see any problems in the application
here or inconsistencies in the application with any county codes or
recommendations you would make?
MR. NINO: No, we did not, and there was no objection either
voiced at the Planning Commission or communicated to us by any member
of the public or any person residing in The Retreat PUD. The
Planning Commission were unanimous in their support of the revisions.
CHAIRMAN HANCOCK: Do we have any questions of Mr. Nino?
Seeing none, are there registered speakers on this, Mr.
Fernandez?
MR. FERNANDEZ: Pardon me?
CHAIRMAN HANCOCK: Do we have any registered speakers? I'm
sorry, Commissioner Mac'Kie, did you need to get something answered
before proceeding?
COMMISSIONER MAC'KIE: That's okay.
CHAIRMAN HANCOCK: Mr. Fernandez?
MR. FERNANDEZ: You have none. No speakers.
CHAIRMAN HANCOCK: We have none. What's the desire of the board?
I will close the public hearing.
Does anyone -- before doing so, does anyone wish to hear from the
petitioner on this matter?
COMMISSIONER MAC'KIE: I just want somebody to -- I guess Mr.
Brugger to make his representation about who the beneficiaries are
part of the sworn record since it's not a part of the application,
and, guys, that's a big part; it's got to be a part.
COMMISSIONER NORRIS: Doesn't that sheet that he circulated
suffice?
COMMISSIONER MAC'KIE: It's a handwritten piece of paper. I
would like for it to --
MR. BRUGGER: I will be glad to submit that as an affidavit form
or whatever you want. There was a copy of the trust attached, and for
some reason it's not in the package.
COMMISSIONER MAC'KIE: Thank you.
CHAIRMAN HANCOCK: Name, please, for the record.
MR. BRUGGER: I'm sorry. John M. Brugger. I am the trustee for
the property owners.
CHAIRMAN HANCOCK: Also, he has verified that the attachment now
handed to the court reporter is an affidavit of the trustee ownership
for members of the trust.
COMMISSIONER MAC'KIE: Thanks.
CHAIRMAN HANCOCK: That being the case, I will close the public
hearing.
COMMISSIONER NORRIS: Motion to approve.
COMMISSIONER BERRY: Second.
CHAIRMAN HANCOCK: Motion and a second. Any discussion on the
motion?
Seeing none, all those in favor, signify by saying aye.
Opposed?
(No response.)
CHAIRMAN HANCOCK: Motion carries five-zero.
Item #12C2
RESOLUTION 97-438 AMENDING CONDITION ONE OF RESOLUTION 97-03 FOR A
PROPERTY KNOWN AS ARBOR LAKE CLUB PUD TO CORRECT A SCRIVENER'S ERROR IN
THE TOTAL NUMBER OF DWELLING UNITS APPROVED FOR SAID PUD - ADOPTED
Next item, Item 12-C-2, resolution amending condition number
one of Resolution 97-03 for the property known as Arbor Lake Club PUD.
Again, a quasi-judicial matter. Would members of the staff, any
petitioners present or members of the public here to speak on this
item please stand and raise your right hand?
COMMISSIONER CONSTANTINE: Mr. Mulhere, is this strictly a
scrivener's --
MR. MULHERE: That's correct, this item as well as the next are
both scriveners --
CHAIRMAN HANCOCK: Do you feel the need to offer any testimony on
this or do you feel the application stands on its own?
MR. MULHERE: I do feel the application stands on its own.
CHAIRMAN HANCOCK: We can avoid a swear in that way.
Do we have any speakers on this?
MR. FERNANDEZ: You have no speakers.
CHAIRMAN HANCOCK: Seeing none, I will close the public hearing.
COMMISSIONER CONSTANTINE: Mr. Chairman, motion to approve.
COMHISSIONER NORRIS: Second.
CHAIRMAN HANCOCK: Motion and a second.
Any discussion?
Seeing none, all those in favor, signify by saying aye.
Opposed?
(No response.)
CHAIRMAN HANCOCK: Motion carries five-zero.
Item #12C3
ORDINANCE 97-72 AMENDING ORDINANCE NUHBER 97-38 TO CORRECT A
SCRIVENER'S ERROR IN THE LEGAL DESCRIPTION OF THE ISLAND PINES GARDEN
PUD LOCATED IN SECTION 8, TOWNSHIP 505, RANGE 29E - ADOPTED
Next item, 12-C-3.
COHMISSIONER CONSTANTINE: Also a scrivener's error.
CHAIRMAN HANCOCK: Again a scrivener's error amending Ordinance
97-38. Mr. Hulhere, again, does the written record in our packet
stand for itself or do you need to add anything to it?
MR. HULHERE: No, sir, I do not need to. It's simply a striking
through the "W" on northwest. Very minor change.
CHAIRMAN HANCOCK: I think we can handle that.
Any speakers on this, Mr. Fernandez?
MR. FERNANDEZ: No speakers, Mr. Chairman.
CHAIRMAN HANCOCK: Seeing none, I will close the public hearing.
COHMISSIONER NORRIS: Motion to approve.
COHMISSIONER BERRY: Second.
CHAIRMAN HANCOCK: Motion and a second.
Any discussion on the motion? A very contentious item, no doubt.
All those in favor, signify by saying aye.
Opposed?
(No response.)
Motion carries five-zero.
Item #13A1
RESOLUTION 97-439 RE PETITION NUA-97-3, HR. EDWARD TERRY REQUESTING A
NON-CONFORMING USE ALTERATION IN ORDER TO ALLOW THE PROPERTY OWNER TO
REPLACE AN EXISTING NON-CONFORMING MOBILE HOME UNIT WITH A DOUBLE WIDE
MOBILE HOME FOR PROPERTY LOCATED AT 609 BOOKER BOULEVARD - ADOPTED
We're to Item 13-A-1 under advertised public hearing. This
is Petition NUA-97-3, Mr. Edward Terry requesting a non-conforming use
alteration to allow the property owner to replace an existing
non-conforming mobile home unit.
COHMISSIONER HAC'KIE: I have one question. I thought we made
this -- staff administratively could approve these.
CHAIRMAN HANCOCK: No, that doesn't ring a bell with me.
COHMISSIONER HAC'KIE: No?
CHAIRMAN HANCOCK: No.
COHMISSIONER HAC'KIE: Taking out junk and putting in something
new seems like a good thing to me.
CHAIRMAN HANCOCK: Just in case there are questions, let me go
ahead and do the swear in. Would members of staff --
MR. BELLOWS: It is -- in the agricultural zoning district that
is an administrative function, but in this case it's our mistake.
COHMISSIONER HAC'KIE: Oh, I see.
CHAIRMAN HANCOCK: Would members of staff, members of the
petitioner's team, if they're present, please stand and raise your
right hand? I'm sorry, and any members of the public to speak on
this.
Madam Court Reporter, would you please swear Mr. Bellows in?
(Speaker was sworn.)
CHAIRMAN HANCOCK: Thank you. Mr. Bellows, anything unusual?
MR. BELLOWS: No, this is simply, as you stated, replacing a
single-wide with a double-wide for a preexisting structure. It's
surrounded by the area of Immokalee and my site visit has existing
mobile homes -- dwellings in the arm of -- surrounding this and this
particular unit in the dilapidated condition would be replaced with a
new One.
CHAIRMAN HANCOCK: With the adjacent property owners being
notified, was there any objection to this? MR. BELLOWS: No objections.
CHAIRMAN HANCOCK: Questions for Mr. Bellows?
Do we have speakers on this?
MR. FERNANDEZ: No speakers.
CHAIRMAN HANCOCK: I will close the public hearing.
COMMISSIONER BERRY: I move for approval.
COMMISSIONER CONSTANTINE: Second.
CHAIRMAN HANCOCK: Motion and a second. Second was by
Commissioner Constantine by just a nose.
All those in favor, signify by saying aye.
Opposed?
(No response.)
CHAIRMAN HANCOCK: Motion carries five-zero.
COMMISSIONER MAC'KIE: Second by a nose.
Item #13B1
RESOLUTION 97-440 RE PETITION CU-96-12, DON APPERSON REQUESTING AN
EXTENSION OF CONDITIONAL USE "1" IN THE "E" ESTATES ZONING DISTRICT TO
ALLOW FOR A HOUSE OF WORSHIP THAT HAS PREVIOUSLY RECEIVED CONDITIONAL
USE APPROVAL FOR PROPERTY LOCATED ON THE SOUTH SIDE OF GOLDEN GATE
BOULEVARD - ADOPTED
COHMISSIONER CONSTANTINE: Hr. Chairman, this next one is
just a re-up of a conditional use on a church. I assume nothing has
changed since we approved that?
MR. BELLOWS: Nothing has changed.
CHAIRMAN HANCOCK: Okay. Do we have any speakers on Item 13-B-l?
MR. FERNANDEZ: No speakers.
CHAIRMAN HANCOCK: Seeing none, I will close the public hearing.
COHMISSIONER CONSTANTINE: Motion to approve the item.
COHMISSIONER NORRIS: Second.
CHAIRMAN HANCOCK: Motion and second.
All those in favor, signify by saying aye.
Opposed?
(No response.)
CHAIRMAN HANCOCK: Motion carries five-zero.
Folks, public hearings are not supposed to go that fast but
everyone is to be commended.
Item #14A
SUCCESSFUL CASE REGARDING COLLIER COUNTY AND DCA
We are to staff communications, Mr. Weigel.
MR. WEIGEL: Thank you, commissioners. A couple -- just a couple
points, and that is, I'd like to bring to all the board's attention a
couple matters that have been successful for the county in the courts,
the Department of Community Affairs and the first one, Mr. Chairman,
you know of and it's what we call the Eco-Swift, the Environmental
Confederation of Southwest Florida case, Gary Beardsley vs. the DCA
and Collier County and some private and individual entities. And in
that one, the county was successful with a total remand of the case,
and we're pleased to report that to the board.
Item #14B
CASE DENIED REGARDING COLLIER COUNTY AND BARRAVECCHIO
The second matter is one we call the Barravecchio case. The
Barravecchios and other individuals were petitioners against Collier
County and the board as the board of zoning appeals for writ of
certiorari on actions taken of a property nature which was denied.
The writ was denied by the court here locally with Judge Brousseau and
Judge Monaco working on that together.
Item #14C
ITEM REGARDING INTERIM GOVERNMENT SERVICES FEE TO BE ON DECEMBER 16,
1997 AGENDA
Additionally, something I haven't talked about for awhile, in the
subject of fairness, it's the interim government services fee, and
fairness because it's a fee that's come to discussion to achieve
fairness in the services that are provided and the costs that are paid
for services in the county. The interim government services fee
resolution of intent and notice of intent to use it will be advertised
for the December 16th board meeting similar to what was done last
year. It will have four weeks of advertisement commencing either this
Friday or Saturday and the four preceding weeks to the December 16th
board hearing date.
At that point, it's merely a notice of intent required under
Chapter 197 of the Florida Statutes, and from that point and forward
then, we will be bringing to the board shortly thereafter an ordinance
for adoption concerning -- for discussion, I should say, and
consideration for adoption concerning the interim government services
fees. I am going to be meeting with Mr. Allen Watts, our outside
counsel specialist, and Mr. John Yonkosky of the Department of Revenue
this Thursday afternoon and we hope to finish up our review of a
draft.
As previously discussed with the board and suggested by Mr.
Watts, it will have elements of both certificate of occupancy and use
of the property tax bill, the CO concept being as a fail-safe measure
if need be. We do intend to go forward with it as originally
discussed with a validation scenario through the courts.
And if you have any questions, I will be happy to respond, but
just to let you know that we are on track to go forward with that.
Item #14D
DISCUSSION REGARDING TDC FUNDS FOR 1996 GOLF TOURNAMENT
Last week I mentioned that I am going to be providing a memo to
the Board of County Commissioners at previous board direction, in
fact, which was whether the county has a viable ability to sue either
Intellinet or Mr. Rasmussen under a theory of third-party beneficiary
concerning the 1996 golf tournament and the application that came to
the county for TDC funds in regard to that. Quite frankly, I have
looked at that on and off over the last few weeks. I have pretty much
formulated my opinion but I wanted to provide a little bit of the
Hornbook law as explanation to you, as I know that these documents are
often reviewed by many others so that it would be maybe a little bit
more explanatory to others as well as the board.
But my -- I will just tell you right now, my initial concept as I
prepare to print is very similar to my initial concept as when I heard
the question brought to me, and that is that I am tending not to see
that there is an ability to sue or successfully sue under a
third-party beneficiary cause of action. Beyond that, though, in
looking to provide the board with a review of any kind of cause that
may be there, I have also specifically been looking at fraud or fraud
in the inducement, which is a totally separate theory under contract
law. And I will say right now it still does not look that I am going
to come with a conclusion that we have a viable ability to sue, but I
will be explaining that with great detail to you in both of those
concepts we look at here.
Hope to get that out to you next week. I am trying to be at home
taking care of my kids for the next couple of days and although I will
be working on it, I don't know that I will get it to you by the end of
this week.
CHAIRMAN HANCOCK: Make sure the kids are taken care of.
COMMISSIONER MAC'KIE: When you do present that to us, Mr.
Weigel, will it be -- is it your intention to have a discussion in
this forum of that issue or just to present us with the memo?
MR. WEIGEL: I thought I would present you with a memo, although
I can certainly do it either way you like. There will be something in
writing regardless, however.
CHAIRMAN HANCOCK: I think present it to each individual board
member in a written memorandum. If there is need for discussion, a
board member can offer that at a meeting.
COMMISSIONER MAC'KIE: Sure.
CHAIRMAN HANCOCK: Mr. Fernandez.
MR. FERNANDEZ: I have nothing to add, Mr. Chairman.
CHAIRMAN HANCOCK: Okay. Commissioner Mac'Kie.
Item #15A
DISCUSSION REGARDING CLERK AND THE JUDICIARY'S BUDGET
COMMISSIONER MAC'KIE: Just -- I had a question for the county
attorney on a different issue -- two questions, actually. One is with
regard to this business between the clerk and the judiciary. Is -- do
you have a recommendation to us? Is there something as simple as the
judiciary would propose a budget that we would adopt that then would
allow this lawsuit to all be dropped? I mean, if the missing piece of
the puzzle is that we need to adopt a budget, and if apparently the
clerk's association for the entire state of Florida thinks that we
should do that, is this simple or is this more complicated than that?
MR. WEIGEL: It is more complicated.
COMMISSIONER MAC'KIE: I was afraid of that.
MR. WEIGEL: Currently there are two actions, one with the
Supreme Court and another one with the Second District Court of
Appeals, initiated by the clerk. The action in the Supreme Court was
initiated by Judge Starnes, the chief administrative judge of the 20th
judicial circuit. Collier County is not a party to the action before
the Supreme Court nor a party to the one before the District Court of
Appeals, although a motion has been filed by the clerk to implead us
into the actions with the Florida Supreme Court.
In fact, upon kind of late breaking, just in the last day
arriving materials, because we were not served prior to yesterday in
this regard, we are working to file a type of response in the Supreme
Court, although we are not recognized or required to be a party at
this point in time.
Additionally, the Florida Association of Clerks has filed an
amicus brief with the Supreme Court on behalf of Mr. Brock. It's not
simple.
COMMISSIONER MAC'KIE: Well, wait, let me ask my question again,
because I know that there are a lot of complicated issues. My
question was, if we adopted a budget, as -- if we asked the chief
judge to recommend a budget and we adopted a budget, wouldn't that
make all of this moot? Isn't that a simple solution to a complex
problem? I guess if you don't have an answer today, would you think
about that and see if it might be an easy answer for next week?
MR. WEIGEL: I think I can give you an answer, and pardon my
being long-winded there. I wanted to give you as much information as
I could in my moment here. But it may make part of the problem moot.
It may. But there are many different edges to this and perhaps Mr.
Fernandez would like to also talk about it a little bit, because we
have contemplated various ways to try to resolve this over the last
weeks and months.
CHAIRMAN HANCOCK: Well, actually, Bob, if there's something that
you need to add, that's fine. But the bottom line is, we haven't been
sitting on our hands watching the 20th judicial sue the clerk and me
sitting in my office saying, gee, isn't that awful. Mr. Fernandez and
I have met with Dwight. We have discussed with him what an option or
opportunity might be available. We have conveyed that. I have
conveyed it by letter form to the 20th judicial circuit, which is that
we would treat them as we do the public health unit and make all
payments to the state comptroller's office, and they would then
disseminate the money back to the circuit. Whether that is or isn't
acceptable to the 20th judicial circuit is yet to be known. But I
think it goes without saying that if the 20th judicial circuit was
simply interested in resolving the matter by preparing a budget, they
would have done so before filing suit against the clerk of court.
If that's -- do you understand what I'm saying?
COMMISSIONER MAC'KIE: Oh, I understand that.
CHAIRMAN HANCOCK: I think there is a bigger issue here for the
20th judicial circuit that they are wishing to air that goes beyond
resolving this immediate matter, otherwise, they would have just
prepared a line-item budget and asked us to approve it, because that
seems the easiest step.
So Mr. Fernandez and I have considered that option. It could
occur, but the circuit has taken its course of action without, you
know, sitting down with us and talking about it, so we are kind of
subject to that action whether we like it or not.
COMHISSIONER MAC'KIE: Okay. Could you copy -- I'd like to see a
copy of the letter where we proposed something. CHAIRMAN HANCOCK: Okay.
COMMISSIONER MAC'KIE: And what I am interested in doing is
proposing -- requesting that the judiciary prepare a budget and submit
it to us. You know, let's suggest an easy solution even -- and then
have it rejected if that's not what they want to do, but why not offer
something easy?
Item #15B
DISCUSSION REGARDING THE CORP OF ENGINEERS EIS
But that was one of my questions. The other one was -- and it
kind of ties to my question about the claims against Intellinet and
how that information should be disseminated. I just got, today,
yesterday's memos answering the question, I think, about whether or
not the Army Corps of Engineers has the jurisdiction and authority to
go forward and do the EIS without our joinder. Is it going to happen
whether we participate or not? And the answer as I see it in this
memo is, yes, they can do it whether we participate or not. And I am
glad to have that answer. Now I would like to have, you know, a
discussion maybe on next week's agenda about what our position is
going to be now that we know the answer to that question.
COMMISSIONER CONSTANTINE: It appears to me that it answers that
if all of the other hurdles are cleared, they can go ahead with or
without us but --
MR. WEIGEL: That is correct.
COMHISSIONER CONSTANTINE: -- that still doesn't answer all of
the questions that we asked the Corps, specifically, what gives them
the authority to start with? With or without us, what gives them the
authority? And they may very well have it, but that question isn't
clearly answered in that memo.
COMHISSIONER MAC'KIE: I think -- CHAIRMAN HANCOCK: Again, I have --
COMHISSIONER MAC'KIE: I think it is, though. It says that
cooperation by any local government is not a mandatory requirement.
It says that the Corps does have the authority to go forward with an
EIS.
CHAIRMAN HANCOCK: Look, look, this board authorized me to
request information from the Corps to answer those specifically. I
have requested that. I don't have it. When I get it, we will put it
on the agenda.
Similar to the situation with the 20th judicial circuit and the
clerk, if you simply want to know if we have addressed it, then that's
the reason we have a chairman. I am doing those things. I am happy
to update you under board communications, but let's not create
discussion items under BCC communications. We need to schedule it.
And let's propose we schedule it and do so.
COMHISSIONER MAC'KIE: Well, that's what I just said, maybe we
could do that next week now that we have the answer.
CHAIRMAN HANCOCK: I don't have the answers from the Corps of
Engineers that this board asked me to get.
COHHISSIONER HAC'KIE: But you have the answer from your own
attorney.
MR. WEIGEL: Well, and that's part of the answer, because we
ourselves have written independent questions of the forty-six that
were also transmitted to Lee County to the Corps of Engineers. This
states the principles upon which an EIS can go forward. But there are
some prerequisites which we do not know have occurred.
CHAIRMAN HANCOCK: Thank you.
MR. WEIGEL: And they are -- it would appear that they have to be
related to a project or an assessment, and we don't have that
information back from the Corps to tell us that that is the case.
COHMISSIONER HAC'KIE: Okay.
MR. WEIGEL: Yes, there is general statutory authorization under
the 1970 Natural Environmental Protection Act, I guess it is, NEPA,
but beyond that -- and they don't -- once they have the ability to do
an EIS, they don't have to have the county participation, but the
other questions are still outstanding. But this is kind of just to
give you kind of some more background on it, but it's not the end all
be all to the specifics of what they're attempting to do.
COHMISSIONER HAC'KIE: Okay. That's all I have.
CHAIRMAN HANCOCK: Commissioner Norris.
COHMISSIONER NORRIS: Well, Mr. Chairman, I would just like to
point out that we have with us today that world famous backwoods
guide, Earl of the north. Would you stand up and be recognized, sir?
(Applause.)
CHAIRMAN HANCOCK: If you ever want to know how to get around
Maine, Earl is your man.
COHMISSIONER NORRIS: Earl is your man. Mr. Moose, they call
him. Give us the moose call, Earl.
CHAIRMAN HANCOCK: Commissioner Berry.
Item #15C
SUGGESTION TO BE BROUGHT TO THE PRODUCTIVITY COHMITTEE REGARDING
ASSISTING THE CLERK IN RESOLVING PROBLEMS
COHMISSIONER BERRY: This is a little bit related to the
discussion that Miss Hac'Kie has brought up, and it seems like this is
the second item that suddenly there's some difficulty over in the
clerk's office, and the county commission is kind of brought into it
as being someone that is involved in it in some way, shape or form.
I think in the past, and I know currently, we have a productivity
committee that is working with the sheriff's department, and it's
working very effectively. And as you-all know, he is a constitutional
officer. I suspect and I am wondering if it might not be a bad idea,
we have a productivity committee meeting tomorrow morning, to propose
perhaps that they work with the clerk's office to see if there's some
areas whereby they could make some suggestions if there is an ongoing
problem with, you know, the manner in which things happen between the
clerk's office and the county commissioners. If there's something
they could advise him on and help bring out, you know, some of these
problems, that perhaps this might be a good forum for that kind of
discussion.
I know in the past it's been that the productivity committee has
mainly focused on the county administrator's budget and those kind of
things. Perhaps this might be appropriate, again, citing the fact
that he has -- or that the productivity committee has worked with the
sheriff and that the sheriff is a constitutional officer, so the
precedent has already been set, if you will, to simply offer their
services, to come in and see if there's some situations whereby they
could assist him. And, therefore, we would happen not to be
continually brought into some of these problems.
And it's just a suggestion, but I -- if you want to put this on
an agenda at a future time in terms of giving direction to the
productivity committee or if you want me to bring it up to them
tomorrow to bounce it off of them and then come back with a response,
it's strictly up to the board.
COHMISSIONER CONSTANTINE: That's a very good idea.
COHMISSIONER HAC'KIE: I love that idea.
CHAIRMAN HANCOCK: I do, too, but let's also remember that in the
sheriff's issue, the sheriff agreed.
COMMISSIONER MAC'KIE: Oh, yeah.
COMHISSIONER BERRY: Oh, I understand.
CHAIRMAN HANCOCK: Because -- so it has to be a joint agreement
between the clerk and the board.
COMHISSIONER BERRY: But I think it would be -- I think it would
be a nice gesture for us to offer to assist the clerk to find any
other areas where there might be some conflict that we have not been
made aware of and so then we could go forward with that.
CHAIRMAN HANCOCK: I think it's a terrific idea. Let's -- the
next available agenda when Mr. Brock is available, let's ask him to
come in and ask if he believes that would be a good idea, and if so,
we can then direct the productivity committee to do that.
COMHISSIONER MAC'KIE: As a conduit for communication if nothing
else.
CHAIRMAN HANCOCK: That's the thing is -- I feel like sometimes
we're kind of the issue -- it comes to a head and then we get
involved. And so maybe there's a communication issue there that we
can --
COMHISSIONER BERRY: Well, then we read in the paper that the
commissioners haven't done such and such. And it's kind of like well,
wait a minute.
COMHISSIONER MAC'KIE: It's an odd place to decide --
CHAIRMAN HANCOCK: So I didn't call Gina back yesterday, so that
was my fault.
COMHISSIONER BERRY: Just a suggestion.
COMHISSIONER MAC'KIE: It's a good one.
CHAIRMAN HANCOCK: Commissioner Constantine.
COMHISSIONER CONSTANTINE: A couple of quick items, Mr. Weigel,
before you go upstairs, I want to see you today. Just a couple of
quick things. Earl isn't just your man. Earl is "the" man.
COMHISSIONER NORRIS: "The" man.
CHAIRMAN HANCOCK: Isn't that yelled every time he hits a drive?
COMHISSIONER CONSTANTINE: Yes, it is.
COMHISSIONER MAC'KIE: In case anybody at home doesn't know
Earl's last name --
COMHISSIONER NORRIS: Mac'Kie
CHAIRMAN HANCOCK: The man.
COMHISSIONER CONSTANTINE: Constantine.
COMHISSIONER MAC'KIE: Constantine.
Item #15D
LANDFILL SITING ITEM TO BE ON NOVEMBER 25, 1997 AGENDA
COMMISSIONER CONSTANTINE: Next week I am going to place on the
agenda a landfill item. We have scheduled to come to us the siting
issue December 16th, but I do have one preparatory item that I think
will be appearing on next week's agenda, so just so you're aware.
COMMISSIONER MAC'KIE: Give us a hint what it is.
COMMISSIONER CONSTANTINE: This is as much of a hint as you're
getting.
COMMISSIONER MAC'KIE: In the interest of full disclosure.
COMMISSIONER CONSTANTINE: It will be on tomorrow's thing, I
think.
CHAIRMAN HANCOCK: I think you already know this, but I have also
asked for information from David Russell on different things. Just
trying to get more information, so I didn't think it was counter to
what you were doing.
COMMISSIONER CONSTANTINE: No, no, no, and actually that's the
very purpose. I know there are a number of different things and just
as we prepare for December, it might be nice to bring some of those --
CHAIRMAN HANCOCK: Things get tough sometimes when I can't tell
you I just went and did this. So I'm looking for that information.
So I can do it in this form.
COMMISSIONER MAC'KIE: So we have a little tease on the landfill.
COMMISSIONER CONSTANTINE: Just a tease.
CHAIRMAN HANCOCK: All right. I have absolutely nothing.
COMMISSIONER MAC'KIE: Congratulations.
CHAIRMAN HANCOCK: So let's call it a day.
Miss Filson, may we go?
MS. FILSON: Yes.
CHAIRMAN HANCOCK: Thank you very much.
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
RESOLUTION 97-433, GRANTING FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE,
WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "VILLAGE WALK, PHASE
THREE"
Item #16A2
RESOLUTION 97-434, RE PETITION AV-97-023, VACATING A PORTION OF THE
RECORDED PLAT OF KENSINGTON PARK PHASE ONE AND RECORDING THE FINAL PLAT
OF KENSINGTON GARDENS - SUBJECT TO LETTER OF CREDIT, AND CONSTRUCTION
AND MAINTENANCE AGREEMENT
Item #16B1 - Deleted
Item #1682
AUTHORIZATION TO PURCHASE A GRAPPLE TRUCK FROM A STATE CONTRACT WITH
TIRE GRANT FUNDS AND APPROVAL OF THE NECESSARY BUDGET AMENDMENT
Item #1683
BID NO. 97-2719 FOR ANNUAL MEDIAN LANDSCAPE MAINTENANCE - AWARDED TO
COHMERCIAL LAND MAINTENANCE, INC. IN THE TOTAL ANNUAL AMOUNT OF
$42,820.00; STREET SWEEPING PORTION OF THE CONTRACT HAS BEEN ELIMINATED
FROM THE SUBMITTED BID PROPOSALS
Item #1684
CONSENT TO USE EASEMENT AREAS AGREEMENT WITH FLORIDA POWER AND LIGHT
COMPANY FOR ELECTRICAL POWER SERVICE TO TEN NEW RAW WATER WELLS FOR THE
NCRWTP 8 HGD EXPANSION PROJECT NO. 70859/70828
Item #1685
A_MENDHENT #3 TO GEORGE BOTNER, ASLA AGREEHENT FOR THE DAVIS BOULEVARD
LANDSCAPE BEAUTIFICATION PROJECT (60013) - DESIGN CONTRACT IS A LUMP
SUM COST OF $10,000.00 PLUS THE COST OF OUT OF POCKET REIHBURSEABLES;
ADDITIONAL FOLLOW UP SERVICES SHALL BE ON A TIME AND MATERIAL BASIS;
TOTAL COST OF SERVICES SHALL NOT EXCEED $15,000.00
Item #1686
AMENDMENT #1 TO THE STATE REVOLVING FUND LOAN AND ALL NECESSARY BUDGET
AMENDMENTS
Item #16C1
COLLIER COUNTY PUBLIC LIBRARY'S PARTICIPATION IN THE SOUTHWEST FLORIDA
LIBRARY NETWORK (SWFLN) AND AUTHORIZATION TO SIGN THE INSTITUTIONAL
MEMBERSHIP AGREEMENT
Item #16C2
BUDGET A_MENDHENT RECOGNIZING FUNDS RECEIVED FROHAM INSURANCE CLAIH FOR
DAivLAGES CAUSED BY LIGHTNING AT COLLIER NORTH BRANCH LIBRARY - IN THE
A_MOUNT OF $2,819.00
Item #16C3
FIRST A_MENDHENT TO LEASE AGREEHENT BETWEEN COLLIER COUNTY AND STATE OF
FLORIDA DEPARTMENT OF HEALTH AND BETWEEN COLLIER COUNTY AND COLLIER
HEALTH SERVICES, INC.
Item #16C4
PROPOSED BILL TO BE PRESENTED TO THE LOCAL LEGISLATIVE DELEGATION FOR
SUBMISSION TO THE FLORIDA LEGISLATURE TO A_MEND CHAPTER 89-449 LAWS OF
FLORIDA, A SPECIAL ACT RELATED TO COLLIER COUNTY PARKS AND SPECIFIED
AREAS IHMEDIATELY ADJACENT TO SUCH COUNTY PARKS AUTHOIRZING ACTIVITIES
SUCH AS BONFIRES
Item #16D1
BID #97-2729 FOR THE ACQUISITION OF DRUGS AND HEDICATIONS USED BY THE
DEPARTMENT OF EMERGENCY MEDICAL SERVICES FOR FISCAL YEAR 97/98 -
AWARDED TO SUNBELT MEDICAL SUPPLY
Item #16D2
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR THE COLLIER COUNTY
EMERGENCY MEDICAL SERVICES DEPARTMENT
Item #16D3
LEASE AGREEMENT BETWEEN COLLIER COUNTY AND NORTH NAPLES FIRE CONTROL
AND RESCUE DISTRICT FOR THE SHARED USE OF THE FIRE STATION LOCATED AT
16325 VANDERBILT DRIVE, BONITA SPRINGS, FOR EHS DEPARTMENT OPERATIONS
Item #16D4
TERMINATION OF EXISTING AGREEMENT WITH FIRST HEALTH, INC. EFFECTIVE
JANUARY 1, 1998 AND THAT AN AWARD BE MADE TO FLORIDA FIRST, INC., WITH
STAFF NEGOTIATING A CONTRACT FOR SERVICE TO BE EFFECTIVE JANUARY 1,
1998 FOR ADMINISTRATION SERVICES TO THE COUNTY'S GROUP HEALTH INSURANCE
PROGRAM
Item #16D5 - Deleted
Item #16D6 - Deleted
Item #16D7
RESOLUTION 97-435, AMENDING COLLIER COUNTY RESOLUTION 95-353 AND THE
PURCHASING POLICY
Item #16El
BUDGET A_MENDHENTS 97-507, 98-025, 98-026, 98-038 AND 98-040
Item #16E2
BUDGET A_MENDHENT APPROPRIATING ADDITIONAL CARRY FORWARD REVENUE IN THE
COUNTY-WIDE FACILITIES CAPITAL FUND (301), REVISING PRIOR YEAR
APPROPRIATIONS OF ENCUMBRANCES TO REFLECT THE REVISED FUNDING PLAN FOR
THE MEDICAL EXA_MINER'S FACILITY, RESULTING IN A NET INCREASE TO THE
FUND OF $441,211.00
Item #16G1
SATISFACTIONS OF LIEN FOR SERVICES OF THE PUBIC DEFENDER
Item #1662
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 on the miscellaneous correspondence.
Item #16H1
ACCEPTANCE OF THE LOCAL LAW ENFORCEMENT BLOCK GRANTS PROGRAM AWARD FROM
THE U.S. DEPARTMENT OF JUSTICE
Item #16H2
AUTHORIZATION FOR THE USE OF CONFISCATED TRUST FUNDS FOR A DRUG ABUSE
EDUCATION AND PREVENTION PROGRAM AND APPROVAL OF FUND 602 BUDGET
AMENDMENT
Item #16H3
BUDGET AMENDMENT FOR THE USE OF CONFISCATED TRUST FUNDS FOR THE
SHERIFF'S OFFICE TO PURCHASE SPECIALIZED EQUIPMENT (SWAT VAN)
Item #16H4
BUDGET AMENDMENT FOR THE USE OF CONFISCATED TRUST FUNDS FOR THE
SHERIFF'S OFFICE TO PURCHASE SPECIALIZED EQUIPMENT (A GLOBAL
POSITIONING SYSTEM FOR SURVEILLANCE OPERATIONS)
Item #16H5 - Moved to Item #11A
Item #16H6
BUDGET AMENDMENT FOR THE STATE OR FLORIDA DEPARTMENT OF TRANSPORTATION
HIGHWAY SAFETY SUBGRANT #J7-98-06-06-01 IN THE A_MOUNT OF $133,550.00
Item #16J1
BUDGET AMENDMENT INCREASING THE EXPENSE AND REVENUE BUDGET FOR THE
OBSTRUCTION REMOVAL PROJECT AT THE IHMOKALEE REGIONAL AIRPORT AND
REDUCING RESERVES FOR CONTINGENCY FOR THE ADDITIONAL FUNDS NEEDED TO
PROPERLY HATCH THE FLORIDA DEPARTMENT OF TRANSPORTATION'S GRANT
Item #16J2
BUDGET AMENDMENT WHICH WILL CREATE A BUDGET FOR THE CONTAMINATED SOIL
REMOVAL PROJECT AT THE MARCO ISLAND EXECUTIVE AIRPORT
Item #16J3
BUDGET AMENDMENT WHICH WILL CREATE A BUDGET FOR THE SCRUB JAY
IMPLEMENTATION PROJECT AT THE IHMOKALEE REGIONAL AIRPORT
Item #16J4
BUDGET AMENDMENT WHICH WILL CREATE A BUDGET FOR THE OBSTRUCTION REMOVAL
PROJECT AT THE EVERGLADES AIRPARK
There being no further business for the good of the County· the
meeting was adjourned by order of the Chair at 11:55 a.m.
BOARD OF COUNTY COHMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
ATTEST:
DWIGHT E. BROCK, CLERK
TIMOTHY L. HANCOCK, CHAIRMAN
These minutes approved by the Board on
presented or as corrected
· as
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC.
BY DEBRA J. DeLAP, NOTARY PUBLIC.