BCC Minutes 11/17/1998 RNovember 17, 1998
Page
REGULAR MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, November 17, 1998
LET IT BE REMEMBERED, that the Board of County Commissioners, in
and for the County of Collier, and also acting as the Board of Zoning
Appeals and as the governing board(s) of such special districts as
have been created according to law and having conducted business
herein, met on this date at 9:00 a.m. in REGULAR SESSION in Building
"F" of the Government Complex, East Naples, Florida, with the
following members present:
CHAIRPERSON:
Barbara B. Berry
Pamela S. Hac'Kie
John C. Norris
Timothy J. Constantine
James D. Carter
ALSO PRESENT: Robert Fernandez, County Administrator
David Weigel, County Attorney
CHAIRPERSON BERRY: Good morning. I'd like to call to order the
November 17th meeting of the Collier County Board of Commissioners.
This morning we're pleased to have with us Father William Kehayes
of St. Katherine's Orthodox Church.
If you would please rise for the invocation, remain standing for
the pledge of allegiance. Father Kehayes.
FATHER KEHAYES: Blessed be our God always now and evermore,
Amen.
O, God, our Father, a history and experience have given us so
many evidences of your guidance to nations and individuals that we
should not doubt your power or your willingness to direct us.
Give us the faith to believe that when God wants us to do or not
to do any particular thing, God finds a way of letting us know it.
May we not make it more difficult for You to guide us, but be
willing to be led by You, that your will may be done in us and through
us for the good of our nation, our state and Collier County in which
we live, its commissioners, leadership and our people whom we serve.
Help us to see that it is better to fail in a cause that will
ultimately succeed than to succeed in a cause that will ultimately
fail.
Here and at this hour, may your will be done, and may your
program be carried out above party and personality, beyond time and
circumstance for the good of us all. This we ask through Jesus
Christ, our Lord, Araen.
(Pledge of Allegiance was recited in unison.)
CHAIRPERSON BERRY: Thank you, Father Kehayes, for being with us.
Item #2A
SWEARING IN OF COHHISSIONER ELECT JAMES D. CARTER, PH.D, AND
COHMISSIONER PAM HAC'KIE BY JUDGE WILLIAM BLACKWELL
Has Judge Blackwell arrived?
COHMISSIONER HAC'KIE: He's here.
CHAIRPERSON BERRY: Good morning, Judge.
JUDGE BLACKWELL: Good morning.
CHAIRPERSON BERRY: At this time, we will have the swearing in of
our two commissioners, reelected Commissioner Pam Hac'Kie and newly
elected Commissioner Dr. Jim Carter.
JUDGE BLACKWELL: Please raise your right hands and repeat after
me. I -- your name.
COMMISSIONER MAC'KIE: I, Pam Mac'Kie.
COMMISSIONER CARTER: I, James E. Carter.
JUDGE BLACKWELL: Do solemnly swear or affirm.
COMMISSIONER MAC'KIE: Do solemnly swear or affirm.
COMMISSIONER CARTER: Do solemnly swear or affirm.
JUDGE BLACKWELL: That I will support, protect and defend.
COMMISSIONER MAC'KIE: That I will support, protect and defend.
COMMISSIONER CARTER: That I will support, protect and defend.
JUDGE BLACKWELL: The constitution and government.
COMMISSIONER MAC'KIE: The constitution and government.
COMMISSIONER CARTER: The constitution and government.
JUDGE BLACKWELL: Of the United States.
COMMISSIONER MAC'KIE: Of the United States.
COMMISSIONER CARTER: Of the United States.
JUDGE BLACKWELL: And of the State of Florida.
COMMISSIONER MAC'KIE: And of the State of Florida. COMMISSIONER CARTER: And of the State of Florida.
JUDGE BLACKWELL: That I am duly qualified to hold office.
COMMISSIONER MAC'KIE: That I am duly qualified to hold office.
COMMISSIONER CARTER: That I am duly qualified to hold office.
JUDGE BLACKWELL: Under the constitution of the state.
COMMISSIONER MAC'KIE: Under the constitution of the state.
COMMISSIONER CARTER: Under the constitution of the state.
JUDGE BLACKWELL: And that I will well and faithfully perform.
COMMISSIONER MAC'KIE: And that I will well and faithfully
perform.
COMMISSIONER CARTER: And that I will well and faithfully
perform.
JUDGE BLACKWELL: The duties of county commissioner.
COMMISSIONER MAC'KIE: The duties of county commissioner.
COMMISSIONER CARTER: The duties of county commissioner.
JUDGE BLACKWELL: On which I am now about to enter.
COMMISSIONER MAC'KIE: On which I am now about to enter.
COMMISSIONER CARTER: On which I am now about to enter.
JUDGE BLACKWELL: So help me God.
COMMISSIONER MAC'KIE: So help me, God.
COHMISSIONER CARTER: So help me, God.
JUDGE BLACKWELL: Congratulations.
Thank you.
(Applause.)
JUDGE BLACKWELL: Madam Chairman, may I be excused?
COHMISSIONER NORRIS: You may, Judge.
CHAIRPERSON BERRY: Thank you, Judge Blackwell, for being here
with us.
COHMISSIONER HAC'KIE: Jim, when I got here four years ago, they
told me first the swearing in, and then the swearing at, so get ready.
COHMISSIONER CARTER: So get ready.
CHAIRPERSON BERRY: It's a short-lived moment of glory.
Item #3
CONSENT, SUMMARY AND REGULAR AGENDA - APPROVED WITH CHANGES
Okay, Mr. Fernandez, do we have any changes to our agenda,
please?
MR. FERNANDEZ: Yes, Madam Chairman. Good morning,
commissioners, and welcome, Commissioner Carter.
The first item to add is item 10(A). This is a request for
reconsideration of the Lely guardhouse issue, requested by
Commissioner Constantine.
The next is to add item 16(A)(3), which is request to approve for
recording of final plat of North Collier Industrial Center and
approval of performance security. Staff request.
Next is to add item 16(A)(4), a request to approve final plat of
Jasmine Lake, staff request.
Next is to continue item 8(B)(2) to the December 1st meeting.
This is to approve the Livingston Road utility facilities
reimbursement and contribution agreement. Staff request.
Also, Madam Chair, I would like to bring up under my portion of
the agenda a request from the Florida Association of Counties that the
Board of County Commissioners appoint a commissioner to sit on the
board of directors to replace Commissioner Hancock, who will be going
off.
CHAIRPERSON BERRY: At this time, commissioners, I'm going to
recess the meeting for approximately 10 minutes to meet with Mr.
Fernandez, Mr. Weigel and Mr. Korn from the Lely Barefoot Beach, so
we'll recess for about 10 minutes.
(Recess.)
CHAIRPERSON BERRY: ***All right, we'll reconvene the meeting of
the Board of County Commissioners.
We have an item that's been placed on the agenda by Commissioner
Constantine in regard to the rehearing of the Lely Barefoot Beach.
There has been some concern about the -- whether this is a proper
motion to be filed. There's a difference of opinion. And at this time
I'd like Mr. Weigel to speak to the ability to place this on the
agenda.
MR. WEIGEL: Yeah, I'll preface my remark by indicating that all
items previously mentioned to the board as add-on items or changes
have not been endorsed by the board yet, including item -- proposed
item 10(A).
In regard to the proposed item is a request for reconsideration
of the Lely guardhouse issue, which was a specific agenda item before
the board on November 10th, 1998, last week.
I advised the board that they are governed by the ordinances
which are the local county law in regard to proceedings of the Board
of County Commissioners; specifically, that's ordinance 75-16, as
amended. And the second ordinance is the reconsideration ordinance,
which is ordinance 81-54.
Sub-paragraph -- sub-paragraph F, appearing on page CD-218 of our
code, addresses quorum. I'll try to be as succinct as possible here.
It states a majority of the board shall constitute a quorum. No
resolution, legally binding document or motion shall be adopted by the
board without the affirmative vote of the majority of all members
present.
Now, a question has come up in regard to the subsequent
paragraph, sub-paragraph G, rules of debate, which states in pertinent
part, the following rules of debate shall be observed by the board
except as herein provided. Questions of order and the conduct of
business shall be governed by Robert's Rules of Order.
Now, a review and a discussion of Robert's Rules of Order may
raise issues of the ability of the commission, with a membership
change for a new member to come and vote who is not a part of the
previous item that had a board determination, and also in regard to
the propriety of having a reconsideration at all.
I bring the board's and public's attention to the sentence I just
read, "except as herein provided." And the "except as herein
provided" in sub-paragraph G certainly countenances sub-paragraph F
preceding, which states no resolution, legally binding document or
motion shall be adopted by the board without the affirmative vote of
the majority of all members present.
This ordinance is specific, it is clear and it does not
disenfranchise any individual commissioner from having the ability to
participate in the meeting.
Additionally, the reconsider ordinance states at its beginning,
any matter which has been voted upon by the Board of County
Commissioners may be reconsidered as follows: And the procedures
follow. Mr. Constantine has elected and utilized the procedure of
Section 2-41 of Ordinance 81-54 to bring the matter before the board
today.
It is my opinion that this Board of County Commissioners, as
presently constituted, may entertain an agenda item of a motion to
reconsider if it is proffered to the commission today.
COMMISSIONER MAC'KIE: So we can go forward with the agenda. One
suggestion I would have -- or request, frankly, would be, would it be
out of order to take this item first and get it done, since it's fresh
in everybody's minds?
CHAIRPERSON BERRY: Well, what we've got to do first off is agree
to place it on the agenda.
COMMISSIONER MAC'KIE: I see.
CHAIRPERSON BERRY: That's the first thing. And because there is
a discrepancy in terms of agreeing or disagreeing on whether this
should be on the agenda, that's what we -- we need to approve the
agenda item, if that's everyone's desire first, and then we will move
into items on the agenda as we would any other thing, so --
COMMISSIONER MAC'KIE: I did have one item to add to the agenda
CHAIRPERSON BERRY: Okay.
COMMISSIONER MAC'KIE: -- just a communication.
CHAIRPERSON BERRY: All right, sure, go right ahead then. You
want to add something under communication?
COHMISSIONER HAC'KIE: Under communication.
COHMISSIONER NORRIS: 147
COHMISSIONER HAC'KIE: That's fine.
CHAIRPERSON BERRY: 157
COHMISSIONER HAC'KIE: 15, yeah.
COHMISSIONER NORRIS: I have no changes.
CHAIRPERSON BERRY: Okay. Commissioner Constantine?
COHMISSIONER CONSTANTINE: Two-part question for Mr. Weigel on
the item he just discussed. First, it has been, in my six years on
the board, the practice that if a commissioner would like something to
appear on the agenda, to pretty much place it on the agenda.
Secondly, the reconsideration ordinance allows for that not to be
-- maybe I just misunderstood where you were going with that, but it
sounded as though we were then going to have a discussion and vote on
whether or not to place it on the agenda.
And I think as long as all the procedures of the reconsideration
ordinance were followed, then it will be reappearing on the agenda
under that ordinance, and then we have the debate whether or not we
want to reconsider it. But -- and maybe I misunderstood what you
said.
CHAIRPERSON BERRY: No, the problem arises in the fact that there
is a difference in opinion between Robert's Rules of Order and our
ordinance, okay? And I wanted to clarify whether -- which one took
precedent, okay, and that's what the whole idea is over here.
COHMISSIONER CONSTANTINE: That's -- I don't have any other
changes other than that add, then, and I guess I would --
CHAIRPERSON BERRY: Robert's Rules of Order states one thing,
Commissioner, and our ordinance basically is silent in another area,
and it puts -- it speaks -- Robert's Rules of Order speaks to the role
of the chair, ours does not. It basically leaves me hanging up here
as a chair of this group, as far as I'm concerned.
And I wanted to know what direction -- what we were following
here today and make sure that I knew what the proper procedure was to
go forward with what we were doing, okay?
COHMISSIONER CONSTANTINE: As far as the agenda itself, I don't
have any other changes other than that one add-on. I would just -- in
response to your suggestion, it might not be a bad idea to do it while
it's fresh, particularly in the attorney's mind, so we don't --
COHMISSIONER HAC'KIE: I like that.
COHMISSIONER CONSTANTINE: -- rev them all up again.
CHAIRPERSON BERRY: Okay --
COHMISSIONER CARTER: I have no --
CHAIRPERSON BERRY: -- Commissioner Carter?
COHMISSIONER CARTER: I have no additions, Madam Chairman.
COHMISSIONER HAC'KIE: I make a motion to approve the agenda, the
consent agenda and the summary agenda, with the amendments offered.
CHAIRPERSON BERRY: There's no summary agenda item, so we --
COMMISSIONER MAC'KIE: Okay.
CHAIRPERSON BERRY: -- need to make sure --
COMMISSIONER CONSTANTINE: Well, we won't approve them.
CHAIRPERSON BERRY: -- that that's out there.
Actually, you just have the consent agenda -- regular agenda, the
consent agenda for approval.
COMMISSIONER MAC'KIE: So moved.
COMMISSIONER CONSTANTINE: Second.
COMMISSIONER NORRIS: Second.
CHAIRPERSON BERRY: We have a motion and a second. All in favor?
Opposed?
(No response.)
CHAIRPERSON BERRY: Motion carries five-zero.
COMMISSIONER CONSTANTINE: I think we may have established a new
record. 9:50 before we approved the agenda.
COMMISSIONER NORRIS: That's a new record.
COMMISSIONER CARTER: I hope this is not a bad omen.
CHAIRPERSON BERRY: The best is yet to come.
COMMISSIONER MAC'KIE: Would you entertain going ahead and
hearing this now?
CHAIRPERSON BERRY: No, because we have some proclamations and
service awards --
COMMISSIONER MAC'KIE: I see.
CHAIRPERSON BERRY: -- so I think that we need to do that first
and then we'll move on.
Item #5A1
PROCLAMATION PROCLAIMING THE WEEK OF NOVEMBER 22-28, 1998 AS FARM CITY
WEEK - ADOPED
Okay, let's start off with the first proclamation, which is my
proclamation for Farm City Week. If I could have -- is Alise Priddy
here? No? Ellie Krier, would you come forward? Denise. COMMISSIONER HAC'KIE: And Chris.
CHAIRPERSON BERRY: Please come forward. All three of you come
on up here. Come on up to the dais, turn around and face the cameras
and smile so everyone can see you at home. The proclamation reads as follows:
WHEREAS, November 22nd through the 28th is National Farm City
Week, a time set aside to recognize and honor the contributions of our
country's agriculturists and to strengthen the bond between urban and
rural citizens; and
WHEREAS, agriculture is a vitally important element in Collier
County's economy, with over 300 million in sales generated annually;
and
WHEREAS, Collier County ranks 21st nationally, out of the
nation's 3,150 counties in total value of crops sold; and
WHEREAS, the Board of Collier County Commissioners supports local
agriculture through programs, including cooperation with the
University of Florida's Cooperative Extension Service; and
WHEREAS, all citizens are encouraged to pause and recognize the
contributions of local farmers and ranchers to the economy, the food
supply and society.
NOW THEREFORE, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that on behalf of the
citizens of Collier County, great appreciation and honor is owed to
all of this county's agriculturists, and that November 22nd through
the 28th, 1998 be designated as Farm City Week.
Done and ordered this 17th day of November, 1998, Board of County
Commissioners, Barbara B. Berry, Chairman.
I'd like to move acceptance of this proclamation.
COMMISSIONER HAC'KIE: Second.
COMMISSIONER CONSTANTINE: Second.
CHAIRPERSON BERRY: We have a motion and a second. All in favor?
Opposed?
(No response.)
CHAIRPERSON BERRY: Motion carries five-zero.
(Applause.)
COHMISSIONER HAC'KIE: Agriculturalists?
CHAIRPERSON BERRY: Agriculturists.
COHMISSIONER HAC'KIE: Agriculturists. It's a new word for me.
MS. KRIER: Good morning, commissioners, and thank you very much.
I'm Ellie Krier with the Naples Area Chamber of Commerce, and as
always, it is our pleasure to be the part of the city that sponsors
Farm City Barbecue, and in conjunction this year with the Golden Gate
Chamber and the Immokalee Chamber.
And I would like to quickly recognize the new executive director
of the Immokalee Chamber, Hireya Louviere, who is here. If she'd
stand up.
(Applause.)
MS. KRIER: While my associates from the farm side have
interesting statistics to tell you about agriculture, I will tell you
that the best party in town is Wednesday the 25th at the Farm City
Barbecue. For those of you who do not know, many of your
commissioners will be serving the steak and the Immokalee salad and
all the trimmings that go with it, and it's a wonderful opportunity to
celebrate the agricultural basis of our community. Thank you.
CHAIRPERSON BERRY: Thank you very much, Ms. Krier.
MR. DeCUBELLIS: Thank you all. I sure appreciate you all having
us with you today.
I've only been in Collier County a short time, and as you can see
from my tie, I'm a Gator fan. And whenever the University of Florida
is in the top 25 in football, I'm mighty proud, being an alumni and
all.
But Collier County's in the top 25, too, in total agriculture
production. In all the counties in the United States, we have the
distinction of being 21st out of all those counties in total
agricultural productions.
And I'm proud of that, that I can work in a county where we're
helping to feed so many people. And I thank you all for allowing us
to come down here.
COHMISSIONER HAC'KIE: Thank you.
CHAIRPERSON BERRY: Thank you.
(Applause.)
Item #5A2
PROCLAMATION RECOGNIZING THE EFFORTS OF HR. SKIP CAMP - ADOPTED
CHAIRPERSON BERRY: And our next proclamation, I believe,
Commissioner Constantine.
COHMISSIONER CONSTANTINE: Commissioner Hac'Kie.
COHMISSIONER HAC'KIE: Actually, I have that.
CHAIRPERSON BERRY: Okay.
COHMISSIONER HAC'KIE: If Skip Camp is here still. There you
are, Skip. Come forward. It's good to be recognized for some good
work by our employees, so come on up. Come on, there's no shyness
allowed, while I read this proclamation.
WHEREAS, Collier County has a program that recognizes employees
for outstanding effort and hard work; and
WHEREAS, the program is limited to non-management employees; and
WHEREAS, on occasion, a management employee so distinguishes him
or herself that special recognition is warranted; and
WHEREAS, Mr. Skip Camp has, through his recent efforts,
negotiated and finalized complicated four-party contractual agreements
on behalf of all Collier County employees and citizens; and
WHEREAS, as a result of Mr. Camp's extraordinary efforts, a
Subway and Dunkin' Donuts have been made available to everyone who
works or visits the County Government Complex; and
WHEREAS, additional productivity can be expected from county
employees as a result of this new convenient amenity; and
WHEREAS, nine cents of every dollar collected from the food
operation will go toward improvements for the handicapped.
NOW THEREFORE, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that the efforts of Mr. Skip
Camp, Collier County facilities management director, have warranted
this proclamation of special recognition and appreciation on behalf of
all who work with and visit the Collier County Government Complex.
Done and ordered this 17th day of November, 1998, Board of County
Commissioners, Barbara B. Berry, Chairman.
I'd like to move acceptance of this proclamation --
COHMISSIONER NORRIS: Second.
COHMISSIONER HAC'KIE: -- and to point out that Skip does a lot
of really, really good things for this county, this being one example.
CHAIRPERSON BERRY: We have a motion and a second.
All in favor?
Opposed?
(No response.)
CHAIRPERSON BERRY: Motion carries five-zero.
(Applause.)
COHMISSIONER HAC'KIE: Did you bring donuts? He did.
COHMISSIONER CONSTANTINE: We now have our own donut king.
CHAIRPERSON BERRY: As a matter of fact.
MR. CAMP: On behalf of the thousands of citizens that utilize
the Collier County main government complex and your employees, all of
us thank you for the support on this issue, and this is to show our
appreciation.
I will tell you, they've been paid in full, so don't worry about
that. And most of them are sugar free. Thank you very much.
COHMISSIONER CONSTANTINE: Do you have any gift disclosure forms?
COHMISSIONER HAC'KIE: Yeah, I need a gift disclosure form.
CHAIRPERSON BERRY: I'll see you guys, I'm out of here.
That's very nice. Thank you very much, Skip.
COHMISSIONER HAC'KIE: Thank you, Skip.
Item #5B
EHPLOYEE SERVICE AWARDS - PRESENTED
CHAIRPERSON BERRY: Oh, man, I've got to sit up here and smell
these. I'll tell you, we're going to move this meeting right along
from now on.
COHMISSIONER HAC'KIE: That will do it.
CHAIRPERSON BERRY: Okay, next on our agenda is service
awards. Mr. Norris.
COHMISSIONER NORRIS: Thank you, Madam Chairman. Our first
recipient this morning is Susan Peck from our library for five years
of service.
(Applause.)
COHMISSIONER NORRIS: Our next recipient is Ramona Daugs, from
domestic animal services, for also five years.
(Applause.)
COHMISSIONER NORRIS: And we also have Nancy Adler from code
enforcement for 10 years today.
(Applause.)
Item #SA1
STAFF ANALYSIS OF THE TOURIST DEVELOPHENT TAX PROGRAM - REPORT
PRESENTED AND STAFF TO SET UP WORKSHOP
CHAIRPERSON BERRY: All right. Hoving on then to the order of
our business. Item 8(A), staff analysis of the tourist development
tax program.
Mr. Hihalic?
MR. HIHALIC: Good morning, commissioners. I'm Greg Hihalic,
department of housing and urban improvement, and I'm here before you
to discuss the staff's analysis of the tourist development program.
And I guess I'd like to make some general comments before we
begin, and one of which is I know that there have been a lot of
discussions and criticisms about some of the events that have been
funded and some of the ads that have been placed, but the State of
Florida rates hospitality locations and they rate them by two factors.
One, is the occupancy of our rooms; what percent of our rooms are
occupied. And the second factor is what is the average daily rate of
our rooms. And the Collier County market is number two in both of
those factors.
In our occupancy rate, the only place in the State of Florida
that has higher occupancy than Collier County is the Orlando area. In
our average daily room rates, the only place that has higher room
rates than Collier County are the Keys.
So we, on average, are the number one market in the State of
Florida for hospitality. So I think you have to keep that in
perspective.
Secondly, the tourist development funds have really been an
increasing entity. In the last four years, your tourist development
funds have gone up approximately 100 percent, and the gap between the
in-season and off-season funding has been narrowing. And I think
that's what you want to do with your tourist development programs is
narrow the gap between the in-season and the off-season and increase
the amount of money that is coming in from your tourists. I think
that you've been successful in that way.
I'd like to try to go a little bit to the analysis, and we really
had tried to do a compilation, what do other places in the state do.
And I wanted to show you a few graphs, and your books show them also.
We looked at how Collier County allocates its tourist development
funding, compared to the other 40 counties in the state on average
allocate their funding, and that's on the cover of your book.
And you'll see that probably the biggest difference is that we
allocate a much higher percentage for beach renourishment than the
average county. But that really isn't a total analysis, because
obviously, there's a lot of counties that are not -- that don't have
beaches and don't have beaches to renourish.
So we've done a second analysis. And we looked at the Southwest
Florida coastal counties and we said, well, how do we compare to them?
And you'll notice that we also have a much higher percentage of our
tourist development funds allocated than even Southwest Florida
coastal counties. And Collier County is one of those counties that
sort of skews that percentage higher, compared to the rest of them.
So I think that we need to keep that in mind and take it into
consideration.
We looked at how other counties handled their money and we came
up with two models. We looked at the Sarasota model, and we looked at
the Palm Beach County model. Sarasota because it's close, it's a
Southwest Florida county, and Palm Beach, because the state
recommended that as one of the better models in the state.
And I must say that both of those locations have occupancy rates
of at least ten percent lower than us. So, you know, their occupancy
is down in the 68 to 70 percent range, where ours is above 80 percent.
So we have a better market inherently than they do, no matter what
we're doing with our tourist development funds.
And both of these programs have some similarities. One, they've
been in effect for at least 10 years. They allocate their monies in
beach renourishment, as well as special events, as well as an
advertising and promotions program. They use outside nonprofit
agencies for their advertising and promotion, both of them. And they
use some type of committee analysis for the special events that they
give. And they then bring those recommendations back to your Tourist
Development Council and back to the Board of County Commissioners.
I think the number one recommendation that we would like to make
is that we really would like to move away from the quarterly
allocation of monies. We have to get on a once-a-year schedule, and
we have to coordinate that schedule with the budget hearings that are
held for the county budget.
So we would suggest that we shift all of our analyses into the
January, February, March and April months. We have all the
applications come in during that time period; probably have two or
three meetings, one for advertising promotion and one for special
events and beach renourishment. And then we bring those decisions
into the budget so that your budget document will show you where the
TDC money will be spent within the next fiscal year.
All contracts will be from October 1st to September 30th. And
you would need a three-month reporting cycle on all your events.
We also believe that we need to bring some consistency into the
program. And we think that you have to have a strategic plan in all
your areas of where you're going, where you're going to be, what
you're trying to achieve to be able to have some benchmarks to be able
to evaluate that by. And we think that's the second important
consideration.
If I can move to our individual considerations. We believe that
we should expand our ordinances to allow all the uses allowed under
the state statute. In that way you, the Board of County
Commissioners, can decide how you want to utilize this money and what
you would like to fund, rather than being restricted within your
statutes in what you want to fund.
Your original referendum was rather narrow, and you have expanded
that by super majority vote several times. One was to add the third
penny onto the tax; the second was to fund museums with that tax; and
the third was to expand the fishing piers. And those are three major
changes that you made by super majority vote by amending the
ordinances.
In the beach renourishment category, like we said, we'd like to
expand it to all the uses allowed by state statute. We think it's
important that we only use the funds in areas where there's public
access for residents and tourists. And we also say that you should
really do an analysis of your beach improvement needs and possibly
consider reallocating the additional penny that you presently use for
beach renourishment after the January, 2000 sunsetting of that, that
you continue that tax and consider reallocating it or some of it to
other areas.
In the promotion and advertising category, the B-1 category,
weTre recommending that all your B-1 funds should be administered by
one non-for-profit tourist development agency.
We think that all applicants for this should provide a five-year
comprehensive plan on how theylre going to utilize the funds.
All annual contracts in this area should run from October 1st to
September 30th.
And all invoicing should be submitted on standardized forms
designed by county staff. And we saw that in other programs that we
looked at.
We think that our advertising promotion gets leveraging from the
large hotels we have. Most other counties do not have the big six
hotels that we have, The Ritz, The Registry, the Marriott, the Hilton,
the Radisson, and the Naples Beach Hotel. Their advertising and
promotions budgets are probably around 12 million dollars, and that
leverages the amount of money that we put in advertising and
promotion.
And weTre recommending more tie-ins like are being done now
between our TDC funding that goes into that area and their outside
advertising. And some of that cross-advertising is going on right
now. So their logo is going in, the symbols are going in, the key
words are going in, so therels a trade-off in the advertising that
does go on.
Now we get to category B-2, the special events category. I know
thatls of special interest to you commissioners.
We are recommending that we do keep the B-2 special events
category, but weTre recommending that we reduce the maximum funding to
$25,000. And weTre recommending that that be matched by the recipient
on a matching basis. And of their match, only 25 percent of that
match can be in kind. The rest must be cash. We think this will
restrict the number of events that we do, and we will recommend that
you look at that fund, and if itws growing like it was several years
ago, that money be reallocated to another area or considered to be
reallocated to another area.
We believe that only Collier County based non-profits should be
able to apply for that money. We should keep the money here within
Collier County, and we should have local sponsors and local
organizations applying for that money. Thatls the special events
money.
The project must take place within the next fiscal year in the
off-season, the shoulder or the vacation season. Right now it says we
try -- we should trend toward having our events off-season. We think
this should be a mandated requirement. We should not be funding any
events during the season.
Quarterly reports should be given on each event prior to the
holding of the event and then after the event is held.
And again, as I said, the events must be held in the off-season
or shoulder season months of May 1st to November 31st.
In category C, the museums category, weTre recommending that
again, we expand to all the authorized uses allowed under the state
statutes.
We would require that each museum that receives funding have a
five-year plan to be formulated and updated on an annual basis.
All contracts for the museum should run from October 1st to
September 30th, like the rest of the contracts that we're
recommending, to align them with the county fiscal year.
And similar to what we talked about in the other categories,
applicants for the category C funds shall submit their applications by
March 31st of each year. Only one submittal date per year. And again,
this would be incorporated within the county budget documents.
your budget document will talk about where the TDC funds will be
allocated in the next fiscal year.
The fourth category, fishing piers. We recommended that we
should move this category into category A with beach renourishment.
It is funded by reallocated category A funds, but in speaking to the
county attorney's office, they believe that because this is a separate
section of the state statutes, they believe it should retain its own
category separately, and that fishing piers should be treated
separately, and so we'd like you to just not consider our
recommendation that it be rolled into B-i, because they don't believe
that that's feasible under the state statute.
And I'm certainly available to answer any questions you may have.
CHAIRPERSON BERRY: Commissioner Constantine?
COHMISSIONER CONSTANTINE: I asked you all to entertain some
changes in -- this past summer and this is where we've gotten.
As I went through this stuff, some of these I agree with and some
of them I don't, which I assume is the same with all of you. But I
wanted to run through some of them and just share some thoughts. And
I'll save my comments on expanding the uses in category A until the
end.
But category B and B-1 and B-2, I read a comment in this
morning's newspaper from Commissioner Hac'Kie that talked about
including special events in an overall plan rather than singling them
out, and I agree completely for a couple of reasons.
It seems to me we ought to allow up to a certain amount for
special events, rather than require or mandate that so much must be
spent on special events. And what that does is if there is something
that is great and worthwhile that comes along, we've got a chance to
fund it, but it doesn't require us to set money aside that might
otherwise be better spent, if no special event is forthcoming.
And so I'd be much more comfortable if we allow -- include all of
that in one category, have an "up to" allowance, rather than a
requirement or a mandate.
Under the second item for -- well, let's run through B-1 first.
All category B-1 funds should be administered by one not-for-profit
tourist development agency.
I'm just curious why we say not-for-profit. And why I ask that,
and I've said this both to the TDC and here, is if Joe Blow
advertising agency can do it at the same price and do a better job --
I don't know that they can, but if they can, why would we want to
prohibit them from doing it?
MR. HIHALIC: Because I think that by having a broad-based agency
that has all the tourism groups represented within them, that by
nature as a nonprofit agency they can then turn and hire whoever they
wish to implement their program.
But I think that everyone should have a seat at that table, all
the chambers and all the tourist organizations within the county, to
be sure that they believe that the whole county is represented with
the B-1 funds.
COHMISSIONER CONSTANTINE: I agree with your rationale there. I
guess they don't come to the same conclusion in that if someone,
whether it's a non-for-profit group or a for-profit group, has to come
-- has to put a plan together and then has to come to the board, the
only way they're going to succeed is to work with all the local groups
anyway. I think if someone operated in a vacuum, they would never get
the bid.
Second item there is first year applicants will provide the
county with a five-year comp. plan. Just from a professional
marketing standpoint, I understand we have five-year in the other
parts of our tourist development plan, and I assume the purpose for
that five-year is to maintain consistency throughout. MR. HIHALIC: Yes, Commissioner.
COHMISSIONER CONSTANTINE: From a professional marketing
perspective, I would think a three-year plan is more feasible, only
because you can lay out -- if you look at your major marketing
campaigns, even for the big products nationwide, they are usually on a
three-year span, and they will roll into a different marketing phase
after that. You're not going to keep seeing the Taco Bell Chihuahua
five years from now.
COHMISSIONER HAC'KIE: Thank God. Sorry.
COHMISSIONER CONSTANTINE: I think it is important to have the
annual contracts and to have that stuff come up once and once only and
not keep revisiting that throughout the year. I think we lose
something in the way of perspective when we do it several times.
You may have had great ideas that don't come up until a third
quarter and you've already expended all your funds, or vice versa.
And it may be a lame idea, but it's the only one that comes up in the
third quarter and so we go ahead and give it. I think having an
annual plan and renewing that regularly is good.
As far as the category A, and even category C, it was a voter
initiative that created the tourist tax under certain parameters? MR. HIHALIC: Yes.
COHMISSIONER CONSTANTINE: And we're suggesting several
substantive changes to that. We're looking to expand the authorized
uses, and we're looking to add to the amount of tax once that's
sunsetted. That was approved with a particular sunset in mind.
And my thought is just if it -- since it's a taxpayer initiative,
I'd like to see us put those expanded uses and the expanded cent on
the ballot and let the public again endorse that.
It just seems to me, if we're talking about the things we are
here, like Lake Trafford or like beach parking, there is overwhelming
sentiment in favor of that. But it keeps us consistent and keeps us
true with the origins of this tax, which was voter approved, voter
initiative, something that came from the public, not just forced upon
them.
And I'm convinced that there would be overwhelming support in
allowing us to maintain the credibility of the tax, but still achieve
those things, Lake Trafford, beach parking, the high priority items
that we've set out for goals.
COHMISSIONER HAC'KIE: Madam Chair?
CHAIRPERSON BERRY: I'm not sure he's finished. Are you finished?
COHMISSIONER CONSTANTINE: I am, thank you.
CHAIRPERSON BERRY: Oh, okay.
Commissioner Hac'Kie?
COHMISSIONER HAC'KIE: Just if we're looking for consensus, and I
think that's what the staff's probably looking for -- but before I say
that, I want to say this is the best, most thorough, most concise,
most well presented report I think I've gotten since I've been on the
board, Greg. It was understandable, it was an executive summary, it
was just top, top notch and I really want to commend you for that. It
was great work and I appreciate it.
MR. MIHALIC: Thank you.
COMMISSIONER MAC'KIE: And to keep it short, I agree, special
events should be part of an overall marketing plan. I don't know if
marketing plans should be five or three years. I'd defer to somebody
else's thoughts on that.
I think that my predisposition is toward a not-for-profit, but
I'm open to that issue, too. If it should be a for-profit agency, the
critical part there for me is that all of the industry have a seat at
the table, everybody be represented, and that it be broad-based.
And I do support expanding the ordinance to allow for all the
statutory uses to be included. And you guys know that I've been a big
proponent of trying to get private museums that are available to the
public to at least be able to apply.
And keep it in mind that all we would be doing is saying that as
the statute has changed, our ordinance will follow and those -- it
just opens the door for applications. It sure doesn't guarantee any
money will be spent on anything.
My only hesitation about going to a referendum would be a timing
question, if it's going to slow down, for example, the Wilkinson
House's opportunity to apply for funding, and other things that are
out there.
But most important is that we have this one overall umbrella
organization and that everything be as a part of one overall plan,
including special events. That's my thoughts.
CHAIRPERSON BERRY: Commissioner Norris?
COMMISSIONER NORRIS: Well, as I stated in an earlier meeting, my
preference would be to reduce the special events funding to $10,000
total per year, and do the same with the advertising and marketing
funds, and simultaneously reduce the tax.
In other words, what I would propose to do with this whole thing
is tax less, spend less and have less government involvement in the
marketing of tourism in this county.
Obviously, the tourism industry is doing a pretty good job, as
pointed out by the statistics. And I believe, if I understood your
numbers right, our funding that we provide for the local tourism only
amounts to about two percent of the total marketing budget from the
private sector; is that approximately correct?
MR. MIHALIC: From the big six hotels, yes, Commissioner.
COMMISSIONER NORRIS: And that's just from the big six?
MR. MIHALIC: Yes, Commissioner.
COMMISSIONER NORRIS: So -- yeah, so my point is that apparently
that private sector is doing a bang-up job of it by themselves. I
don't think they need government interference to continue. That's
what I would like to see, tax them less, spend less and get the
government out of it.
As far as a referendum goes, I don't believe it's necessary.
We're elected to represent the people. The ordinance -- or the
original referendum was not specific enough or specific to the point
that we would have to go back to a referendum to make the alterations
that are being proposed, so I don't support that.
CHAIRPERSON BERRY: Commissioner Carter, do you have any
comments, please?
COMMISSIONER CARTER: Yes. Thank you, Commissioner Berry. And
I'm new at this process, as you all well know, but my background is
planning. And I commend you, Greg, in what your staff has done
putting this together.
But as I went through this, as I always ask, what's the plan.
And I think what I see here, that what you have done is tell us where
we are now and how we got here. The questions in my mind, as we're
outlining this here, is where we want to go, how we'll get there and
what are we going to look like.
And I'm not real comfortable at this point when we get to the
point of what we want to look like and whether we use a public,
whether we use a not-for-profit or profit organization, is how exactly
are we going to do this and how can we best spend these dollars.
I have no problem with the process or the policy that you're
putting together. I think we are a bargain in Collier County. I
think three percent should remain, that we should use that. We should
expand for the various things that have been outlined here.
But I would like to see us take a hard look at everything that
you've put together, plus what was presented to us by Travel
Destinations, so that we do this right. What are we going to have
here, a convention bureau? Are we going to have a designated group?
At this point, I would -- my recommendation for this commission
would be, I would like to see us take a workshop, go through all of
this, and then really ask ourselves is this how we're going to get
here and this is what we're going to look like so that your -- all
your work and everything that's been done in the past, that we can get
maximum benefit from this input.
So Madam Chairman, that's where I'm at at this point.
CHAIRPERSON BERRY: Okay. I too agree, Greg, that this is an
excellent report that you've put together.
One thing I -- there's certain parts of this that I like, there's
certain parts of the Travel Destination group that we also got, and
there's some things that we're doing currently that are okay, too.
So, you know, we kind of need to bring and come together.
And I agree with Commissioner Carter in terms of looking at what
the vehicle may -- what's it going to be. I think that's probably the
biggest question in our mind right now. And I think one way to arrive
at that, I do agree that I think we need to have a workshop.
Since we've gotten all this material, yours, the other one, we
need to sit down both with the Chamber, with the visitors bureau --
MR. MIHALIC: The tourism alliance.
CHAIRPERSON BERRY: -- the attractions group, what have you, and
sit down and kind of talk about what we've got here and what we're
looking at.
Without doing that, yeah, I have some personal thoughts on what I
would like to see. I think as far as this particular report that we
have in front of us, the special events, I would really like to see
that used overall, combined with the advertising and promotion. Rather
than keeping it as a separate category, I would like to see that
combined. Because I think then you're going to look at events that
are going to promote Collier County as a whole, rather than looking at
any group that feels like they have a worthwhile event.
And we have many of those. I'm not, you know, saying and cutting
any one of those events down. But I would like to see the special
event in relationship to how it promotes Collier County. And so those
are the kinds of things -- I would rather have two or three really
good events a year rather, or say four events a year, than to have
numerous little events, you know, something going in one direction and
something else in another direction. I would like to see that.
And again, I think whatever the group is that is compiled to
review, I think they would be the group to take a look at the special
events and decide which of those events would promote the county as a
whole. And I think that that's incredibly important that we consider
that.
I think that's all I've got to say at this time.
Mr. Fernandez, do we have any speakers on this item?
MR. FERNANDEZ: What number is this, A-i?
Yes, Madam Chairman, the first speaker is Jack Pointer.
COMMISSIONER NORRIS: Is this simply a report today?
CHAIRPERSON BERRY: It is a report.
COMMISSIONER NORRIS: This is just a report, you're not asking
for action today?
MR. MIHALIC: No, Commissioner.
CHAIRPERSON BERRY: No. We may be looking for some general
direction to where we want to proceed from there, but that's --
MR. POINTER: Good morning, commissioners. My name is Jack
Pointer, I live in Willoughby Acres, and I have followed what has been
going on in this TDC report in the last several weeks.
My only thing that I want to add -- or to say to you is that
please, whatever you choose to do and how you choose to use those TDC
funds, are fine with me in the past and I'm sure they will be in the
future.
But whatever you choose to do, be sure that you, the Board of
Commissioners here, are the ones that are in the line of
responsibility so that all of these charges and all of these costs do
come before you.
Greg has done a fine job, particularly on this matter that came
with advertising recently. Greg and people like him are responsible
and can do a fine job through the county manager, be suring (sic) that
you people are the ones that are finally reported to and controlling
the money. Thank you.
CHAIRPERSON BERRY: Thank you.
And I really -- I think statuterily we are charged with that
responsibility, so we're not going to bypass that. COMMISSIONER NORRIS: No.
CHAIRPERSON BERRY: Any other speakers?
MR. FERNANDEZ: Next speaker is Ellie Krier, and then the final
speaker is Emily Maggie.
MS. KRIER: Good morning. Ellie Krier from the Naples Area
Chamber of Commerce.
I would just like to reiterate what I told you on November 4th,
which is we think that the next step, now that you have this
magnificent resource added to what we presented to you on that date,
is a workshop session where we have the opportunity to not only let
you all absorb all this and ask us questions as an industry, but
provide you our best efforts as well.
CHAIRPERSON BERRY: Okay, very good.
MS. KRIER: So we look forward to that as soon as possible.
CHAIRPERSON BERRY: Thank you.
MR. FERNANDEZ: Final speaker is Emily Maggie.
MS. MAGGIO: Good morning. For the record, my name is Emily
Maggie, and I live in Little Hickory Shores. I'm a little nervous
this morning. I wasn't intending to speak.
But while you're considering the ordinance, I'd like to bring up
my old favorite, beach parking fees. The only place we charge parking
fees is at the beach.
It seems to me that we're inviting these tourists, they're very
important to us, that's evident, and I mean, there's an equity issue
here, too. All tourists pay the same three percent. Those who do not
have accommodations on the beach then have to pay again to enjoy what
it is they're paying for.
My thought has always been that why couldn't some of this tourist
money go into maintenance of parks, all parks, whatever, because they
use our parks too, not just beach parks. Inland parks, museums. And
that way we all go fee free, first come, first serve.
Just the ravings of a mad housewife. Thank you.
MR. FERNANDEZ: No other speakers, Madam Chairman.
No other speakers.
CHAIRPERSON BERRY: No other speakers? Okay.
COHMISSIONER HAC'KIE: I would support the idea of a workshop,
because this is too important. And we've got so much information.
And, frankly, I'll be honest, I've spent a lot of time on it, and I
know that others have, and I'm pretty clear on where I think it ought
to go. But I think getting the consensus in the community is the
right way to approach it.
CHAIRPERSON BERRY: Okay.
Commissioner Constantine?
COHMISSIONER CONSTANTINE: We -- and I have no objection to that,
either. We've had several discussions on this, and it sounds as
though we have consensus on a few points. And maybe at least, if we
go forward with a workshop, we ought to make those clear.
And I just highlighted them here. It sounded like we had
consensus on that we need to create some sort of plan, we need to
create a marketing plan, whether that's three-year or five-year or
whatever it turns out to be, and that that ought to be administered by
one entity.
And I would just add, Commissioner Hac'Kie, I jotted down a note
that when you were talking about your predisposition toward a
not-for-profit, I think I am, too. I just wouldn't want to exclude,
if there's some genius idea that somebody comes up with from the
private sector, I wouldn't want to exclude that. I think we'd
probably all be predisposed toward the not-for-profit groups.
COHMISSIONER NORRIS: Well, I agree with you. Don't you think
that the proper way to do this would be put out an RFP? COHMISSIONER CONSTANTINE: Yeah, yeah, right.
But -- and I'm sorry to digress there, but it sounded like we had
consensus to include special events as part of that overall plan.
And while I'm in the minority on this, it sounded like there was
consensus to go ahead and expand the uses as allowed by statute. And
so at least, if we know where we're coming from those points, then we
can define those in a workshop better. But that gives our staff a
starting point from which to lay out things, and the people in the
Chamber and the Visitors, Inc., and all those groups, somewhere to
come from as we sit down.
COHMISSIONER HAC'KIE: I think it's a great idea if we start with
those, as that is the present consensus of the board, are we right or
wrong on those points, and are there other points we may have omitted
that --
CHAIRPERSON BERRY: One other thing I'd like to ask. If we are
to continue the penny beyond 202 (sic), we have to put that back on
the ballot?
COMMISSIONER MAC'KIE: I don't think so.
CHAIRPERSON BERRY: Or do we have the discretion to -- how does
that work, Mr. Weigel?
MR. WEIGEL: I'll look to Ms. Ashton to correct me if I'm wrong,
but I don't believe that that's required to be on the ballot at this
point. I think it can be expanded or extended by local law.
CHAIRPERSON BERRY: Okay.
COHMISSIONER HAC'KIE: Super majority?
MS. ASHTON: For the record, Heidi Ashton. And that's correct
what Mr. Weigel had stated.
COHMISSIONER HAC'KIE: Super majority, Heidi?
MS. ASHTON: Yes, by a super majority vote.
CHAIRPERSON BERRY: Okay. I guess I just look at the tourist tax
-- and I certainly don't mean to step on anybody's toes -- but all due
respect, we invite people to come to Collier County, and that's
wonderful. And we all complain; we're all going to start really
complaining here shortly, December, January, February, about the
traffic.
COHMISSIONER HAC'KIE: I already started.
CHAIRPERSON BERRY: And that's okay, too. And we're happy to
have them here, and God bless them, and that's our economy, and we all
recognize the importance of the tourist economy in Collier County.
At the same time, it has been said, and we'll say it again, it is
a bargain to come to Collier County and stay in our hotels here when
it comes to this tourist tax.
And I really don't see anything wrong in continuing that tax. I
believe that this affords us the ability, particularly if we're going
to expand it to include perhaps parking facilities, what we've all
heard so many times, that we need these kinds of things to perhaps
upgrade. You know, they mentioned here restroom facilities, et
cetera, et cetera. These are things that we need to take a look at.
And yes, when you look at other counties, perhaps they don't
spend as much money on tourism in this particular area, as far as the
beaches are concerned. They don't have the beaches like we have in
Collier County. And we've got to maintain them. It's a real asset.
People love to come down and see the beach.
So anyway, we need to consider that. And I think at this point
in time, Mr. Fernandez, if I understand the direction of the board,
everybody seems to be looking at a workshop. If we could kind of
coordinate some dates, or if you could check with commissioners on
their calendars and see what might be available.
COHMISSIONER CONSTANTINE: December 24th.
CHAIRPERSON BERRY: I don't think --
COHMISSIONER CARTER: December 24th.
CHAIRPERSON BERRY: -- December 24th would be advisable.
COHMISSIONER NORRIS: What's the next -- fifth Tuesday? Anybody
know what --
COHMISSIONER HAC'KIE: Well, January we start with two meetings a
month, so we're going to have a lot of free time.
CHAIRPERSON BERRY: There will be a -- yeah, right.
COHMISSIONER HAC'KIE: Sarcasm.
COHMISSIONER CONSTANTINE: Maybe we can do it Saturday night.
CHAIRPERSON BERRY: But if we can't -- I know it's going to get
-- things are going to get very jammed up here between now and the end
of the year. If there's some time, fine. But if not, then we need to
do it as early in January as possible.
COHMISSIONER HAC'KIE: I agree.
MR. FERNANDEZ: Okay.
COHMISSIONER CONSTANTINE: Madam Chairman, just a final note.
CHAIRPERSON BERRY: Just not the 6th of January. But that's okay.
COHMISSIONER CONSTANTINE: Perhaps one of the most telling
comments, and I think Greg said it, was -- right at the beginning --
and that is our standing as essentially the number one tourist run in
the State of Florida.
And what is interesting is we have heard criticism a couple of
times in this debate that we don't spend nearly as much money as other
places. Well, apparently what we spend is -- CHAIRPERSON BERRY: Effective.
COHMISSIONER CONSTANTINE: -- more effective. And so it's not how
much you spend, it's how effectively you spend it. And the industry
is doing something right, so --
CHAIRPERSON BERRY: If there's nothing further -- Mr. Weigel?
MR. WEIGEL: Just a point of information, that Ms. Ashton reminds
me that pursuant to previous board direction, there is an amortized
ordinance in regard to the museums coming up for next week, be
advertised at next week's hearing. And on December 1st is the
advertised hearing for the inclusion of Lake Trafford restoration into
our ordinance, TDC ordinance.
CHAIRPERSON BERRY: Okay.
MR. WEIGEL: Thank you.
CHAIRPERSON BERRY: Did all you Lake Trafford people hear that?
They did not hear you. If you could --
MR. WEIGEL: Okay. On December 1st, I believe, is the advertised
hearing date for the board consideration of the amendment to our
tourist tax ordinance providing for the ability to fund the Lake
Trafford restoration.
COHMISSIONER HAC'KIE: And just in case everybody else didn't
hear it, the private museum one is next week -- MR. WEIGEL: Yes.
COHMISSIONER HAC'KIE: -- correct?
MR. WEIGEL: Correct.
CHAIRPERSON BERRY: Okay.
MR. FERNANDEZ: Madam Chairman, we'll find the first available
date for a workshop.
CHAIRPERSON BERRY: Okay, very good.
MR. FERNANDEZ: We'll set it up.
CHAIRPERSON BERRY: Okay. If there's nothing further for Mr.
Hihalic?
Thank you very much.
MR. HIHALIC: Thank you, commissioners.
Item #8A2
FUNDING FOR THE TOURISH ALLIANCE OF COLLIER COUNTY, NAPLES AREA CHAMBER
OF COHMERCE, AND THE MARCO ISLAND YHCA - NAPLES AREA CHAMBER OF
COHMERCE AMENDMENT ONLY APPROVED
CHAIRPERSON BERRY: Hoving on then, item 8(A)(2). Approve
funding for the Tourism Alliance of Collier County --
COHMISSIONER CONSTANTINE: Move the item.
COHMISSIONER MAC'KIE: I have a question about it.
many years have we funded this?
MR. HIHALIC: Which project, Commissioner?
COHMISSIONER MAC'KIE: 8(A)(2) -- oh, I'm sorry.
MR. HIHALIC: There's three -- there's three different items.
CHAIRPERSON BERRY: There's three items wrapped up in --
I mean, how
COHHISSIONER HAC'KIE: The sports festival.
MR. MIHALIC: This is the third --
CHAIRPERSON BERRY: This will be the third year.
MR. HIHALIC: This is the third year, Commissioner, and the TDC
said that in their opinion, this should be the last year that that
item's funded.
COHMISSIONER HAC'KIE: I guess in my opinion, last year should
have been the last year.
CHAIRPERSON BERRY: All due respect, it's a fine event, but there
is some question. And I know that I have received a couple of phone
calls in regard to this. Not questioning the event, per se, but
questioning how much it really did in terms of heads in beds kind of
thing.
I'm not sure the vote was accurate on this, Greg, as I reviewed
the vote. You've got it stated here as five-zero, and I believe it
was a four-one vote.
MR. HIHALIC: We may have --
CHAIRPERSON BERRY: Because I believe I dissented on that vote.
MR. HIHALIC: We have it as three-two, Commissioner. Maybe on --
CHAIRPERSON BERRY: On The YHCA?
MR. HIHALIC: Yes, it was three-two was --
CHAIRPERSON BERRY: Okay, we've got a five -- I was going to say,
it shows here as a five-zero, so --
MR. HIHALIC: On my spreadsheet it's three-two.
CHAIRPERSON BERRY: Three-two?
COHMISSIONER HAC'KIE: On the blue sheets it does say five-oh,
and I'm glad you clarified that. Because I wanted to support the
category B-1 items, but I just don't think we need to continue to
support the sports festival, because we have long enough, and it needs
to run on its own.
COHMISSIONER NORRIS: Well, assuming this is going to be the last
year of funding, I second your motion.
COHMISSIONER HAC'KIE: Was there a motion?
COHMISSIONER NORRIS: Yes, there was a motion.
COHMISSIONER HAC'KIE: Oh, sorry.
CHAIRPERSON BERRY: Commissioner Constantine moved it, Mr. Norris
seconded that motion.
If there -- do we have any speakers on this item, Mr. Fernandez?
MR. FERNANDEZ: Yes, you do, Madam Chairman. You have one
speaker, David Rice.
CHAIRPERSON BERRY: Okay.
COHMISSIONER CONSTANTINE: Dave, are you going to talk us out of
this?
COHMISSIONER HAC'KIE: Well, he doesn't know yet what his votes
are.
MR. RICE: David Rice, volunteer director of the Sports Fest '99.
I'm here to encourage you all to think about our last hoorah, and
I have in here -- this is my third appearance, and I'll speak very
succinctly and just try to perhaps convince you that we are putting
bodies in beds a little bit better than you might think.
Last year we were funded $55,000. This year it was recommended
by the TDC and the staff to fund us at 50,000 as a last hoorah. I'm
here, of course, to suggest that you do that.
In 1998, the Marco/Naples Sports Fest had 1,898 paid
participating athletes, and in that we represented 16 states and five
countries. It was the first sporting event in my 12 years as a
resident in the Collier County area where a standing world record
holder participated in any event, and that was in our in-line skating
event, Mr. Eddie Masker, from California.
Our in-line skating marathon, which is one of 25 sporting events
that we offered in the area, was rated in the top 10 in the nation as
a particular event.
Speaking of bodies in beds, I had selected seven hotels that
seemed to have appeared most mentioned in our registration
applications as where our people stayed during these events. And in
that I included in Naples the Comfort Inn and Super Eight Motel on
951. And, of course, on Marco Island, the Lakeside Inn, the
Boathouse, and then the three majors, the Radisson, the Hilton and the
Marriott.
On Friday, June 5th, our percent of occupancy in those seven
hotels was 93.4 percent, and on Saturday, June 6th, our percent of
occupancy was 99.7 percent occupancy. That means the total rooms sold
in those seven hotels -- which we weren't obviously limited to those
seven hotels -- and it's also obvious that everyone in those hotels
weren't from the sports festival, but those seven hotels represented
3,312 rooms sold for that two-night period, with an average occupancy
rate of 96.6 percent.
We think that the dollars spent from the TDC was actually shown
to be very categorically correct in increasing our hotel occupancy
rate in those seven hotels.
Also, I'd like to speak to Greg's report, and I'm in total
agreement, as a citizen, and as an event volunteer, in that report,
Greg. I've been privy to that report. I'm the 1999 president of the
Marco Island Chamber of Commerce, and we've discussed it in great
detail, and I'm in total agreement with his -- with that committee's
report and would support it 100 percent.
What I'm saying about our particular event is we're -- I think
we're a year away into doing exactly what Greg wants to say a special
can do.
My background is in college athletics, as a football coach and
athletic director. And I can say that I never hired a coach that I
didn't give him a five-year period. So we're talking three and five
years.
In order to be some type of successful, you need to have a track
record going in in order to build a program, not only to be a winner
in sports, but also a winner financially.
I think that we're meeting the needs of the county and I think
that we have met the standards as set by the TDC commission and also
-- committee -- and also yourselves.
We set very high standards. We -- we're not a money-making
proposition. Any funds that are collected above and beyond our
expenditures go to the Marco Island YMCA. We have no paid employees
of any kind. I'm one of 700 volunteers that put on the event this
past year.
We're looking forward to continuing it. If not funded, we're
looking forward to continuing it, period. The only difference might be
that instead of having it in the off-season, we might have it during
the season, because that would be when most people would be here.
Financially, we are self-sufficient in maintaining the program as
we see it, with the exception of promotion. The promotion end of it,
we would have to do a lot more work in order to raise funds from
sponsoring organizations, for example, in order to fulfill what we
spent last year on promotion. But we're certainly self-sufficient.
And as I said, I think we're a year away in meeting the standards
that Greg had set as far as matching dollars for dollar, as far -- and
I think that's a great idea, because it would only encourage us event
sponsors of people to do such a thing.
COMMISSIONER MAC'KIE: Madam Chair, I have a question.
CHAIRPERSON BERRY: Commissioner Mac'Kie?
COMMISSIONER MAC'KIE: I appreciate your numbers, and if I heard
it right, it was that the hotels that you measured were 96 percent
full during the festival?
MR. RICE: 96.6 on the two-day average.
COMMISSIONER MAC'KIE: Were you able to tell, or were there any
other special events, or was there a convention in town?
MR. RICE: No, we were convention free. The week before, which
was our major convention at the Marriott, which is the National
Association of College Athletic Directors. And we tried to make sure
that we're not --
COMMISSIONER MAC'KIE: Gotcha.
MR. RICE: -- you know, competing with a major event.
COMMISSIONER MAC'KIE: And the other question I have is, if I
understood you right, it's that any money that's, quote, made on the
event goes to the Marco Y? MR. RICE: Correct.
COMMISSIONER MAC'KIE: What has been the contribution to the
Marco Y?
MR. RICE: Last year it was $3,500.
COMMISSIONER MAC'KIE: $3,500.
MR. RICE: Right. We spent -- the year before we -- in 1997 we
spent, for your information, $120,000 to run the event. Last year we
spent $106,000 to run the event.
We were able to raise a lot more money through sponsorships in
order to make up that difference in the promotion end of it.
We do have a couple of other things I'll just mention quickly --
COMMISSIONER MAC'KIE: Can I, just on that point? Because that --
that's a little bit of a touchy issue for me and that is, you know, at
one point we had a deal in our special events category that if you
made money, you repaid your grants, to the extent that you made money,
and frankly, I think that belongs there. Because otherwise, we need
to be clear that we essentially are providing a $3,500 grant to the
Marco Y. And that may be completely appropriate, but I don't think it
is.
MR. RICE: Yeah, I believe that was four years ago, but that
stipulation has not --
COMMISSIONER MAC'KIE: I understand.
MR. RICE: -- been in effect lately --
COMMISSIONER MAC'KIE: Yeah, we took it out --
MR. RICE: -- which might be something Greg's committee might
want to --
COMMISSIONER MAC'KIE: I think --
MR. RICE: -- refer to.
COMMISSIONER MAC'KIE: -- it came out at the same time as the
whole golf tournament stuff was going on, and whether or not PGA has
to pay back whatever portion of, you know, profit they may have made
off of golf tournaments and those things. And I think it was a part
of all of that.
But that's something let's please be sure is included in the
workshop discussion, because I'd like to revisit whether or not that
needs to be repaid.
MR. RICE: Two last points, if I may.
COHMISSIONER HAC'KIE: It's up to the Chair.
MR. RICE: The promotion end of it, we have been working very
diligently with the state. The Governor's Council on Sports and
Physical Fitness, led by executive director Jimmy Carnes -- and I
believe I sent you that magazine during that time, I don't know if you
recall it -- but they had selected the Sports Fest '98 as the model
program in the State of Florida, and they have provided that program
to 50 other municipalities around the state as a model program.
I've been personally involved in helping develop one in
Hutchinson Island on the East Coast, and I guess because of that,
recently I've been asked to be considered to serving on the Governor's
Council on Sports and Physical Fitness.
The other thing is the fact that we have been able to ascertain
some interest in some major sponsorships. I think people who run
these events have great difficulty in getting major sponsorships.
The Sports Authority has expressed tremendous interest as a
national sponsor to help this cause, which I think in the long-range
will assist us in making up the deficits that we're expecting to
happen in the future, based on Greg's report.
And lastly, In-line Skate Magazine and In-line Skate U.S.A.,
which represents the skating industry, is proposing to have an
international competition of 12 countries represented, one a month,
throughout the entire year in a professional skate marathon, which is,
you know, quite prevalent in that particular sport.
The Marco/Naples Sports Fest has been invited to be the United
States' representative as the site for that, should that become a
reality. If that becomes a reality, we're hoping it does, of course,
that opens all kinds of -- at least ESPN 2, possibly ESPN coverage, as
far as getting some tremendous coverage in that.
That's down the road and we're just hoping that those things come
about.
CHAIRPERSON BERRY: Thank you.
MR. RICE: Thank you.
CHAIRPERSON BERRY: As I listen to you talk, I'm beginning to
wonder how much this is tourist related, or if this is just a general
county kind of function or something that might work through parks and
recreation. I --
COHMISSIONER HAC'KIE: Sure doesn't sound like a tourism program
to me.
MR. RICE: Well, that's --
CHAIRPERSON BERRY: It just doesn't. I mean, I -- granted, the
TDC funds are there, I understand that, but I'm not sure that -- the
more you talk about it, that this is the right venue that you need to
be approaching. I'm not so sure it isn't something else.
MR. RICE: I appreciate that comment. Giving you a couple more
statistics, up to --
CHAIRPERSON BERRY: No, we've had enough. Thanks, David.
COMMISSIONER MAC'KIE: Thanks.
MR. RICE: Well, 40 percent of --
CHAIRPERSON BERRY: We're dealing with this item, okay? So I
think your time is up at this point in time.
MR. RICE: Thank you.
COMMISSIONER MAC'KIE: Madam Chair? My other thought, too, is
the more he talked, the more I was more convinced and hoped maybe
someone else on the board who is, that this event has outlived the
need for tax support. And congratulations, that's the great news.
CHAIRPERSON BERRY: That's the idea of it.
COHHISSIONER NORRIS: Well, on the other hand, I think we've made
a commitment in the past, at least inferred or implied a commitment
that we were going to support it this year, so I think we need to
carry on with that. But I think it's certainly with the understanding
that this is our final year for support.
CHAIRPERSON BERRY: Okay. If we have no further speakers, we
have a motion and a second. I'll call for the question. All in favor?
COHMISSIONER NORRIS: Aye.
COHMISSIONER CONSTANTINE: Aye.
CHAIRPERSON BERRY: Opposed?
COMMISSIONER MAC'KIE: Aye.
CHAIRPERSON BERRY: Aye.
COMMISSIONER CARTER: Aye.
CHAIRPERSON BERRY: Motion fails three-two.
COMMISSIONER MAC'KIE: I make a motion to approve the funding for
the B-1 items and to deny the funding for the Sports Fest.
CHAIRPERSON BERRY: You can do that.
We have a motion. Do we have a second?
Well, forget it on the agenda. I'll go ahead and second the
motion. But I can tell you that I didn't support any of these at the
TDC, so that will give you an indication of how I intend to vote on
these items.
COMMISSIONER MAC'KIE: Even the B-l's?
CHAIRPERSON BERRY: The whole works.
So anyway, we'll go forward. I'll call for the question.
All in favor?
COMMISSIONER MAC'KIE: Aye.
COMMISSIONER CONSTANTINE: Aye.
CHAIRPERSON BERRY: Opposed?
COMMISSIONER NORRIS: Aye.
COMMISSIONER CARTER: Aye.
CHAIRPERSON BERRY: Aye.
Mr. Carter?
COMMISSIONER CARTER: Aye.
CHAIRPERSON BERRY: Which, in favor -- opposed or in favor?
COMMISSIONER CARTER: I'm opposed.
CHAIRPERSON BERRY: You're opposed?
Okay, that motion fails three-two.
COMMISSIONER NORRIS: Then that's it.
COMMISSIONER MAC'KIE: Well, somebody could make another motion.
I mean, we have to do -- what --
COMMISSIONER NORRIS: We don't have to do anything. We just
voted not to do anything.
COMMISSIONER MAC'KIE: No, sir, I'm clear on what we just voted.
My question was --
CHAIRPERSON BERRY: What we voted was not to fund any of these
items.
COMMISSIONER HAC'KIE: And is that what your position was, Madam
Chairman?
CHAIRPERSON BERRY: Yes, it was.
COMMISSIONER CONSTANTINE: Well, the motion was to support two of
them and it failed, so --
COMMISSIONER MAC'KIE: Right.
COMMISSIONER CONSTANTINE: -- if there -- is there -- maybe to
clarify, is there a motion just to not support them and you get your
three and we're done with it?
CHAIRPERSON BERRY: Sure. In fact, I think I could make a motion
to that effect.
COHMISSIONER HAC'KIE: What will happen, Greg, with the B-1
activities if we don't fund them?
MR. HIHALIC: Well, this money will be held into the pot until
it's allocated at a later time, whether it's in the special events
area, B-2, or in the advertising promotion area, B-1.
CHAIRPERSON BERRY: It's not going to go anywhere. It's going to
be there.
COHMISSIONER HAC'KIE: And that's attractive to me, except for I
just need to understand what activities that would have been going on
will not be going on.
MR. HIHALIC: Let me raise one more issue. One of these
activities, the Naples Chamber of Commerce, is additional monies on
their contract --
COHMISSIONER HAC'KIE: Right.
MR. HIHALIC: -- that has already expired, because they incurred
more for the fulfillment than they had been originally budgeted for.
Obviously, if that item is defeated, they will not get the money
for the additional money they spent out of pocket for their
fulfillment through August 3rd, I believe, 1998. So that would be a
dead item. The rest will be held.
COHMISSIONER HAC'KIE: So I'm going to make a motion that we
approve the second of the B-1 items, that we approve the $55,688.67 to
cover a shortfall in the Naples Area of Chambers' fulfillment costs
and deny the other two applications. CHAIRPERSON BERRY: Okay.
COHMISSIONER NORRIS: Deny all others?
COHMISSIONER HAC'KIE: Okay.
CHAIRPERSON BERRY: I'll second that.
If there's no other discussion, I'll call the question.
All in favor?
COHMISSIONER HAC'KIE: Aye.
CHAIRPERSON BERRY: Aye.
COHMISSIONER CARTER: Aye.
COHMISSIONER NORRIS: Aye.
CHAIRPERSON BERRY: Opposed?
COHMISSIONER CONSTANTINE: (Nods head affirmatively.)
CHAIRPERSON BERRY: Motion carries four-one?
COHMISSIONER CONSTANTINE: Yeah.
CHAIRPERSON BERRY: Motion carries four-one.
MR. HIHALIC: So I understand, we're going to go through with the
Naples Chamber of Commerce amendment?
CHAIRPERSON BERRY: Yes.
MR. HIHALIC: Thank you.
CHAIRPERSON BERRY: That's it.
Item #10A
REQUEST FOR RECONSIDERATION OF LELY GUARDHOUSE ISSUE - APPROVED
COHHISSIONER CONSTANTINE: Madam Chairman, I have a funeral of
a family friend at 11:00. I wondered if we could do -- 10(A) really
should only take about two minutes, because it's not a discussion of
the substance, it's just a vote on reconsideration. CHAIRPERSON BERRY: Okay.
COHMISSIONER CONSTANTINE: I wondered if we could take that one
item out of order.
CHAIRPERSON BERRY: We can do that.
We'll take that item 10(A), which is the reconsideration of Lely
Barefoot Beach issue, placed on the agenda by Commissioner
Constantine.
COHMISSIONER CONSTANTINE: Madam Chairman, I just asked the board
to bring this back for reconsideration at an upcoming week within
whatever the time constraints of our reconsideration ordinance area.
I don't know whether that's next week or whenever it is.
COHMISSIONER HAC'KIE: Is a motion what's necessary to bring that
back?
CHAIRPERSON BERRY: We have to vote to reconsider it. At that
point in time, it will be placed on a future agenda in two weeks, and
then there -- it will be reheard by this board. COMMISSIONER MAC'KIE: So moved.
CHAIRPERSON BERRY: Okay, we have a motion --
COMMISSIONER CONSTANTINE: Second.
CHAIRPERSON BERRY: -- and a second.
Do we have any public speakers on this issue?
MR. FERNANDEZ: Yes, Madam Chairman, you have one. Jason Korn.
MR. KORN: Jason Korn for Lely Barefoot Beach Master Association,
Inc. and Lely Barefoot Beach Property Association, Inc. Good morning,
commissioners.
CHAIRPERSON BERRY: Good morning.
MR. KORN: It is the position of the homeowners associations --
you've heard of both those associations collectively -- that it is
improper to have a motion for reconsideration on the settlement
agreement which was entered into and approved at the last meeting,
November 10th, 1998. That was also item 10(A).
I want to incorporate by reference my letter to the county of
yesterday, November 16th, 1998, as well as November 13th. I believe
they are in the record. If they are not, I move to have them in the
record.
MR. WEIGEL: We can submit them.
COMMISSIONER HAC'KIE: They're in the record.
MR. KORN: Okay.
Basically, commissioners, the vote of November 10th, 1998 was the
acceptance of a settlement agreement. Your own code refers to Robert's
Rules of Order, that when the question -- except as herein provided,
questions of order and the conduct of business shall be governed by
Robert's Rules of Order.
For example, where the code is silent, not necessarily on the
subject matter. When it had to proceed with order and business to
fill in the gaps of your code, Robert's Rules applies.
For example, can the Chair move that -- find that a motion is out
of order, not hear it? Your code doesn't speak to that, Robert's
Rules does. References in my letter are all to the current ninth
edition, printing 1998.
The bottom line is that when the board -- when the board accepted
the settlement agreement on November 10th, '98, it was in the nature
of a contract. Under Florida case law and Robert's Rules, you had the
choice to rescind during that meeting. You could have moved to
reconsider. But when that meeting adjourned, the contract was set.
Robert's Rules of Order specifically provides that for a motion
to reconsider, it can be applied to the vote on any motion, except --
and this is section 36 in the standard descriptive characteristics on
page 312 -- except an affirmative vote in the nature of a contract
when the party to the contract has been notified of the outcome.
Obviously, the associations were notified of the outcome. We've
actually taken action consistent with the settlement agreement. We've
removed the gatehouse guard arms, they're off now during the day,
during park hours; that's pursuant to section four of the agreement.
And we also have not proceeded with taking actions to argue the
appeal, or move to file anything in the appellate court at this point.
So a settlement agreement is in the nature of a contract, that's what
it is.
Under Florida Rules of Judicial Administration, settlement
agreements do not have to be in writing. The administerial task of
signing the settlement agreement is an administerial task.
Settlement agreements in civil litigation again can be oral. And
I refer the board to various cases in Florida law in which the courts
decided that when the commission accepted a bid or entered into a
contract, it was final.
And interestingly, the City of Homestead versus Raney
Construction, in that case the council voted to authorize the
acceptance of a contract. Thereafter, at the meeting, two council
members were not reelected to the board and a new board attempted to
invalidate that.
The court affirmed the award of damages to the company where the
contract was granted and held the following, and I note: We hold the
city code -- because there was a code in place, like yours --
requiring a resolution of the city council did not invalidate the
contract, which was completed. The city, because of a change in the
personnel of the council, ought not to be allowed to use the
technicality of the direction provisions of its code to defeat the
contract that came into being with the acceptance of the plaintiff's
bid.
In addition, in another case, Desmond versus Escambia County, the
Florida First District Court of Appeal, 1971. After a board similarly
had voted four to one to award a lease of a public beach, and at the
next meeting the board voted to rescind its acceptance, the court held
that the county's acceptance of the bid resulted in a contract, even
though a formal written contract was not executed.
In addition, the court stated that fair dealing is required by
all parties, and public officials should set the example. The county
should have been required to comply with the plain and unmistakable
issues of law.
In one other case, Schloesser versus Dill, in 1980, again,
similar facts. The court held that a contract comes into being with
the acceptance by the county, unless the action is rescinded at the
same meeting. And that a valid and enforceable contract arose between
the parties at the point of the board's notice of appeal.
The importance is that Robert's Rules of procedure provides that
anything in the nature of a contract -- not necessarily a contract,
but in the nature of -- cannot be reheard -- cannot be reconsidered.
What Commissioner Constantine could have done, or anyone else on
the board, is move to rescind at that time, before the adjournment of
the meeting, or even move to reconsider. It was available to
Commissioner Constantine to move during that meeting to reconsider.
With the new board coming on, in effect, he waived his rights to
reconsider thereafter. In fact, he relinquished his rights. Could
have been rescinded, was not.
And I bring, respectfully, the board's attention to again
Robert's Rules of Order.
If I may have a minute?
CHAIRPERSON BERRY: Go ahead.
MR. KORN: That -- and this is very important. The Robert's Rules
speaks to the effect of a periodic partial change in board membership.
That's Section 48. In cases where a board is constituted so that a
specific portion of it is chosen periodically, it becomes, in effect,
a new board each time such a group assumes board membership.
And here's the kicker: Consequently, all unfinished business
existing when the outgoing portion of the board vacated membership
falls to the ground.
Now, the chairperson, Chairperson Commissioner Berry, is entitled
to find that a motion is out of order.
Robert's Rules provides that -- and this is important for
parliamentary procedure -- the parliamentary forms are designed to
assist in the transaction of business. It is the duty of the
presiding officer to prevent members from misusing the legitimate
forms of motion. Whenever the Chair becomes convinced that one or
more members are using parliamentary forms for obstructive purposes,
they should not recognize the members, or should rule that such
motions are out of order. That's Section 38, Dilatory and Improper
Motions.
COHMISSIONER HAC'KIE: But I just have to interrupt you --
MR. KORN: Sure.
COHMISSIONER HAC'KIE: -- in her defense, that she's received
advice from the county attorney that she is appropriate in allowing
this item to be heard. And as much as I respect and understand, you
know, that you're here making your client's case, I often want to give
the board legal advice and they remind me that Mr. Weigel is the
county attorney. And --
COHMISSIONER CONSTANTINE: Yeah, and I can't tell you how many
times in the first two years -- and John will remember this -- the
first two years I was on the board that I would ask then Mr. Cuyler,
are we governed by Robert's Rules of Order. No. The answer was no.
We used those loosely here, and -- but that we're governed by
ordinance. And he's already gone through the ordinance. COHMISSIONER HAC'KIE: And with respect --
COHMISSIONER NORRIS: You have a fine argument, but you're
arguing to the wrong person --
COHMISSIONER HAC'KIE: Yeah, save it --
COHMISSIONER NORRIS: -- the wrong body.
COHMISSIONER HAC'KIE: Save it for the judge. We'll go there, we
know that, but we're not going -- I mean, I --
MR. KORN: I just wanted the board respectfully to be informed of
the specific rules of procedure that in our position do apply based
upon your own code --
COHMISSIONER CONSTANTINE: I guess --
MR. KORN: -- just for due process.
COHMISSIONER CONSTANTINE: -- a final thought. There's two flaws
with your argument; one, I did point out within 30 seconds of the
conclusion of the item, that it would be reconsidered, that I'd bring
it up for reconsideration.
COHMISSIONER HAC'KIE: As reported in the media the next morning.
COHMISSIONER CONSTANTINE: And the reconsideration ordinance, the
law -- an ordinance is the law -- explains it quite differently than
you just did.
And secondly, it's kind of the pot calling the kettle black,
frankly, to say if you come in here and agree to something, then --
and you talked about oral representations --
COHMISSIONER HAC'KIE: Good point.
COHMISSIONER CONSTANTINE: -- are binding. Well, in 1995, Bill
Hazzard stood at that very same podium representing your client, and
agreed to a settlement, and backed out on that later. And so if you
want to say the oral settlement is binding, I'll be happy to return to
that 1995 agreement.
COMMISSIONER MAC'KIE: Absolutely.
MR. KORN: Did you take a vote on that?
COMMISSIONER CONSTANTINE: Yeah, we did.
MR. KORN: I was not aware -- I was not around at the time, as
you know. I can't argue as to the merits of that. What I'm pointing
COMMISSIONER MAC'KIE: It was moved --
MR. KORN: -- out is the rules of order with what had happened at
the last meeting.
COMMISSIONER CONSTANTINE: That's fine.
MR. KORN: And what -- and actually --
COMMISSIONER CONSTANTINE: I'm saying if you apply your own logic
to your reasoning, we've got an even more binding argument for 1995.
You might want to do research on that.
COMMISSIONER MAC'KIE: Let's go there.
COMMISSIONER CONSTANTINE: Madam Chairman --
COMMISSIONER CARTER: If you have a copy of that --
COMMISSIONER CONSTANTINE: -- can we move on?
COMMISSIONER CARTER: -- I'd like to look at it.
MR. KORN: Thank you. If there's any further questions? Thank
you.
CHAIRPERSON BERRY: Mr. Weigel, do you have anything that you
want to offer as well?
MR. WEIGEL: Well, I'll just raise one thing, and that is in
regards to Robert's Rules of Order talking about the ability of the
Chair to rule something out of order and not go forward, I think
consistent with my prior discussion of where there is expressed
language in the ordinances, that they clearly prevail and that there
are exceptions or exclusion of the application of Robert's Rules of
Order.
I think we need to take into account that the ordinances are
drafted for the application and use of the commission as the board as
a whole.
And in regard to ruling something out of order, I clearly note
that the Chairman can rule speakers out of order, decorum on the floor
generally.
But quite frankly, in the discussion we had in private chambers
about motive for motions being made, or rulings being made from the
dais, I find that a motion is made as specifically referenced in
sub-paragraph G-i, page CD 2.8 of our code, which is the
administration part of meetings, that when a motion is presented and
seconded, it is under consideration.
And so therefore, I don't see the ability for the Chair
individually, regardless of motive or intent, to be able to state that
something is out of order because he or she or whoever the Chair may
be at that time deigns that it should not go forward.
So we haven't iterated that before. I thought maybe this is an
opportunity to make it on the record right now. My opinion. The
board never has to follow my opinion. I'm pleased that they ask for
it, and I'm happy to give it.
CHAIRPERSON BERRY: Thank you.
We don't have any speakers on this item?
MR. FERNANDEZ: None.
CHAIRPERSON BERRY: Okay. Do I have a motion?
COHMISSIONER HAC'KIE: I made a motion.
CHAIRPERSON BERRY: You made a motion?
Anybody have a second --
COHMISSIONER CONSTANTINE: Yes.
CHAIRPERSON BERRY: -- to reconsider this item?
All in favor?
COMMISSIONER MAC'KIE: Aye.
COMMISSIONER CONSTANTINE: Aye.
COMMISSIONER CARTER: Aye.
CHAIRPERSON BERRY: Opposed?
COMMISSIONER NORRIS: Aye.
CHAIRPERSON BERRY: Aye.
Motion carries three-two.
COMMISSIONER CONSTANTINE: Thank you, and I apologize, I have to
leave.
CHAIRPERSON BERRY: That's okay.
How's our court reporter doing?
THE COURT REPORTER: I'm fine, thank you.
CHAIRPERSON BERRY: You're fine? Good. We'll keep right on
going.
(Commissioner Constantine exits boardroom.)
Item #8A3
DISCUSSION OF ORDINANCE NO. 96-78, THE COLLIER COUNTY CODE ENFORCEMENT
BOARD ORDINANCE, TO CONSIDER THE SUNSETTING OF A CODE ENFORCEMENT BOARD
- OPTION 1 APPROVED
Item 8(A)(3), the ordinance 96-78, Collier County Code
Enforcement Board. This is the sunsetting of a code enforcement
board.
MS. ARNOLD: Good morning. For the record, Hichelle Arnold, your
code enforcement department director.
This item was requested by the board to come back at this meeting
for consideration of whether or not we wanted to retain a second code
enforcement board.
On December 3rd of '96, the Board of County Commissioners
approved the Code Enforcement Board ordinance 92-80, establishing a
second code enforcement board to help alleviate some of the backlog
that we've had in -- we have in cases that --
COMMISSIONER HAC'KIE: Ironically, because of the Lely
guardhouse.
MS. ARNOLD: Yes, that was one of those high profile cases that
kind of pushed all our other cases back.
COMMISSIONER NORRIS: Ms. Arnold, would you mind if I interrupted
you here for a moment '-
MS. ARNOLD: No, I wouldn't.
COMMISSIONER NORRIS: -- and make a motion to approve staff
recommendation?
MS. ARNOLD: Okay, sure.
COMMISSIONER HAC'KIE: I'd agree with that. The only -- did you
ask for direction, Ms. Arnold, about whether or not to dissolve one
board, or did you have a recommendation?
COMMISSIONER NORRIS: Yeah, the south --
MS. ARNOLD: Yeah, there --
CHAIRPERSON BERRY: South board.
MS. ARNOLD: -- are two options provided in the executive
summary. We're offering option number one as a -- COHMISSIONER HAC'KIE: Second.
CHAIRPERSON BERRY: Okay, we have a motion and a second, which
will equate out to elimination -- or dissolution of the Code
Enforcement Board South.
COHMISSIONER NORRIS: Right.
CHAIRPERSON BERRY: And I guess that's all. Okay.
MS. ARNOLD: I just wanted to mention --
CHAIRPERSON BERRY: Sure.
MS. ARNOLD: -- for the board's information that the legal
counsel that we've retained for the north board has offered to step
down for this, so Jean Rawson, who's acting as counsel for our south
board, would be -- that contract would remain. COHMISSIONER HAC'KIE: Good.
CHAIRPERSON BERRY: Okay. So she's going to remain and the other
one is not.
MS. ARNOLD: Right.
CHAIRPERSON BERRY: Okay. Ms. Filson?
MS. FILSON: In the executive summary, it indicates there's a
vacancy on the north board, and I have not received the paperwork for
that person's lack of attendance at the meeting. So after I receive
that, would -- is it your wish that I do an advertisement for a new
member, or consider the members that are currently on the south board?
COHMISSIONER HAC'KIE: I'd do it straight. Just advertise for a
hew o~e.
CHAIRPERSON BERRY: I would probably advertise for a new one.
COMMISSIONER NORRIS: Those people on the south board that are
interested can certainly just --
CHAIRPERSON BERRY: If they would like to --
COMMISSIONER NORRIS: -- we have their application on file.
CHAIRPERSON BERRY: -- apply, sure.
COMMISSIONER NORRIS: If they're interested, let you know.
CHAIRPERSON BERRY: Yes.
MS. ARNOLD: Okay. Thank you.
CHAIRPERSON BERRY: I think in -- well, I was going to say, in
the advertisement, if there was some way to notify people on the
south, so there's no misunderstanding, so they know that they could
apply, I think that's important that they know that.
MS. ARNOLD: I can supply that information to the south board
members as well.
CHAIRPERSON BERRY: Okay.
COMMISSIONER NORRIS: Great.
CHAIRPERSON BERRY: Great. Thank you.
We have a motion and a second.
All in favor?
Opposed?
(No response.)
CHAIRPERSON BERRY: Motion carries four-zero.
Item #SB1
REPORT ON THE USE OF FUND 195 AS A SOURCE OF LOCAL HATCHING FUNDS FOR
THE LAKE TRAFFORD RESTORATION PROJECT - REPORT ACCEPTED
The next item is item 8(B)(1), the use of fund 195 as a source
of local matching funds for the Lake Trafford restoration project.
COHMISSIONER NORRIS: Aren't we going to hear this next week?
CHAIRPERSON BERRY: No. What we're hearing next week is the
change in the ordinance, I believe, or two weeks, it's going to be the
change in the ordinance; is that correct?
MR. FERNANDEZ: Yes, this is funding availability question today.
COHMISSIONER NORRIS: Okay.
CHAIRPERSON BERRY: Okay.
COHMISSIONER HAC'KIE: And this is mostly just information. It
was great news to find out that there is the money available. That's
the bottom line.
CHAIRPERSON BERRY: Right. We said we kind of wanted to know
before the ordinance -- we changed the ordinance. So that's why this
is coming through, to basically tell you that yes, there's money
there. And then we go ahead and change the ordinance, and then the
funding would be forthcoming.
COHMISSIONER HAC'KIE: And my question, without having to hear
the whole report --
CHAIRPERSON BERRY: Okay.
COHMISSIONER HAC'KIE: -- is just is there -- we have found two
million dollars without any harm to the beaches, Mr. Fernandez; is
that correct?
MR. FERNANDEZ: That's essentially it. We found that there's
sufficient fund balance, given the project list and the program that
we anticipate.
Mr. Huber can give us the details, but essentially the capacity
to carve out two million dollars for this project exists.
CHAIRPERSON BERRY: Mr. Huber, is there anything significantly
different than what Mr. Fernandez has said?
MR. HUBER: Well, the only thing is, I included in the executive
summary the recommendation from the beach renourishment committee --
CHAIRPERSON BERRY: And that's important.
MR. HUBER: -- and certainly I think you should take that in
consideration in making your determination.
COHMISSIONER HAC'KIE: Reserves for contingency is the question.
MR. HUBER: Well, my recommendation in the executive summary was
to, you know, if you determine that the reserves that are shown here
are adequate, that then the two million dollars would be available,
but also to consider the -- along with that, the recommendations from
the beach committee where they had stated that they -- they would like
to see that the current 60/40 split remain unchanged and not touch
those funds for any other projects that currently aren't eligible --
COHMISSIONER HAC'KIE: So you'll be sure that's included on our
workshop agenda.
CHAIRPERSON BERRY: Right. And then they're also asking that we
continue the third penny --
COHMISSIONER HAC'KIE: Right.
CHAIRPERSON BERRY: -- after the sunset time.
COHMISSIONER NORRIS: I don't know about that. Mr. Huber, you
want to tell --
COHMISSIONER HAC'KIE: That's what they're saying.
COHMISSIONER NORRIS: -- this lady who you are?
MR. HUBER: Oh, I'm sorry. Harry Huber, with the public works
engineering department.
COHMISSIONER HAC'KIE: I'm sorry, Harry, I interrupted you.
So we just accept the report and --
COMMISSIONER CARTER: Well, what Iwm understanding is -- the two
assumptions are, itws a 60/40 split, and we maintain the third penny.
Then we have the reserve to go forward. If we change any of that
formulation, if we change or eliminate the third penny, that would
endanger then the existing projects? MR. HUBER: No.
COMMISSIONER MACIKIE: Mr. Fernandez?
MR. HUBER: The spread sheet that was included with the executive
summary -- and, in fact, Iive got a much larger one for you, if you
would like. Itls easier to read.
COMMISSIONER MACIKIE: Easy to read.
MR. HUBER: But --
CHAIRPERSON BERRY: Sure.
MR. HUBER: -- excuse me.
COMMISSIONER CARTER: Thank you.
COMMISSIONER MACIKIE: Because as I understand it, Mr. Carter,
what happens is that it leaves the reserves for contingencies at a
level that makes our beach committee uncomfortable, but just not --
even without the third penny, itls all -- even without keeping the
third penny, we can still do everything.
COMMISSIONER CARTER: We can still do it, even if we donlt have
that --
CHAIRPERSON BERRY: Yes, but the beach committee is just
recommending --
MR. HUBER: Let me --
CHAIRPERSON BERRY: -- that we continue a 60/40 split, and that
we also continue the --
COMMISSIONER MACIKIE: The penny.
CHAIRPERSON BERRY: -- penny after the sunsetting time.
COMMISSIONER CARTER: And this does not endanger any existing
projects?
MR. HUBER: No.
And let me clarify the third penny. Currently the third penny,
which is due to sunset at the end of 1999, the third -- the entire
third cent is dedicated to beach renourishment management. And what
the beach committee is saying, if you continue it beyond the sunset
date -- theylre recommending continuing it for three more years --
that there be a certain split, and they would be willing to negotiate
what that split is, whether it be 80/20, 60/40, whatever.
And that the one end of that split would be dedicated to special
projects such as Lake Trafford, environmental projects, ecotourism,
what have you, and then that the remainder of that money be dedicated
to beach management.
CHAIRPERSON BERRY: Okay.
COMMISSIONER CARTER: All right. Thank you.
COMMISSIONER MACIKIE: And that would be a part of our workshop
and a part of our ordinance amendment that weill hear in a couple of
weeks.
CHAIRPERSON BERRY: Uh-huh. Okay.
MR. HUBER: And also, I have already included the two million
dollars in this spreadsheet in fiscal year 1999, so -- COMMISSIONER MACIKIE: And it works.
MR. HUBER: Itls already been accounted for.
COMMISSIONER CARTER: Iim okay.
CHAIRPERSON BERRY: Okay?
We have a motion -- oh, Iim sorry, public speakers?
MR. FERNANDEZ: Yes, Madam Chairman, you have a couple. Fred N.
Thomas, Jr.
CHAIRPERSON BERRY: Fred, you want to talk us out of this?
MR. FERNANDEZ: And Ann Olesky.
MR. THOMAS: I just want to say thank you.
CHAIRPERSON BERRY: You come to the podium and say thank you,
Fred Thomas.
MR. THOMAS: Fred Thomas, from the community of Immokalee. I
want to thank you all very much for your support, and hopefully we'll
get everything put in place quickly so that we can lock in the federal
dollars. Thank you all very much.
CHAIRPERSON BERRY: Fred, they know their money's coming. Tell
them to ante up, it's time.
COMHISSIONER MAC'KIE: Yeah.
MR. FERNANDEZ: Anne Olesky and then Clarence Tears.
CHAIRPERSON BERRY: Okay.
MS. OLESKY: Again, I want to say thank you very much. And I
want to thank Harry, too. Because I know that -- we don't want to
hurt beach renourishment, we want to help Collier County. Thanks
again. We'll see you December 1st.
CHAIRPERSON BERRY: I do want to mention that they had one heck
of a fundraiser over at Pepper's Preserve on Saturday evening on
behalf of Lake Trafford. It was absolutely wonderful. I ate until I
thought I couldn't stand it anymore.
MS. OLESKY: We think we should do it again sometime.
CHAIRPERSON BERRY: I think you ought to do it again when we get
MR. TEARS: Actually --
CHAIRPERSON BERRY: -- end of the season.
MR. TEARS: Clyde said he would do it next year. We actually made
$6,500 on it.
CHAIRPERSON BERRY: Is that right?
COMHISSIONER CARTER: Congratulations.
MS. OLESKY: It wau've got to
have a blueprint in terms of where you want to go, what you think your
needs are in that assessment, and I think that's been done.
Skip, I think you've done -- you and whoever else was involved, I
think you all did a fine job in te.
MS. OLESKY: I really don't think we'll have to put the strong
arm on them, because everybody's been talking how wonderful it was,
and by golly, it was good food.
CHAIRPERSON BERRY: Mr. Tears?
MR. TEARS: Good morning. Clarence Tears, director of Big
Cypress Basin and South Florida Water Management District, and also
the chairman of the Lake Trafford task force.
I just want to let this -- the commission know that with the
direction you're currently taking, I will go to the basin board, and
we will be the lead sponsor for this project, and I will request the
Big Cypress Basin Board to take that role.
I've been requested by DEP and Fish and Game to take that role,
and with the direction hopefully you'll take on December 1st --
December 3rd, I will request the basin board to do that.
And again, I want to thank you for looking at the future of
Collier County and looking at the resources that we have. And as we
grow, these gems today will be the diamonds of tomorrow. I just want
to thank you.
CHAIRPERSON BERRY: Thank you.
Okay, if there's no further speakers, Mr. Fernandez, I'll call
the question. All --
COHMISSIONER HAC'KIE: We're just accepting the report.
COHMISSIONER NORRIS: Just accepting.
CHAIRPERSON BERRY: It's just the acceptance of the report?
COHMISSIONER NORRIS: Yeah.
COHMISSIONER HAC'KIE: I mean, I'd love to vote in favor of it
right now.
CHAIRPERSON BERRY: Okay, I think we all -- consensus we do
accept the report, so let the record reflect that there is a consensus
for acceptance.
Item #882 - Continued to December 1, 1998
Item #SD1
MASTER SPACE PLAN FOR THE MAIN GOVERNMENT COMPLEX - APPROVED
Okay, we'll move on then to item 8(D), master space plan for
the main government complex.
How's our court reporter doing?
THE COURT REPORTER: I'm doing, great, thank you.
CHAIRPERSON BERRY: Okay.
Thank you for all coming over this morning.
COMMISSIONER MAC'KIE: See you on the 1st.
COMMISSIONER NORRIS: Mr. Camp, if we accept this consultant's
plan today, does that bind us in any way? MR. CAMP: No, it does not.
COMMISSIONER NORRIS: This is just accepting the plan?
MR. CAMP: That's right. And giving staff direction to look at
options for funding. That's all it does.
COMMISSIONER MAC'KIE: But that -- you know, that's important.
Because one thing that I've sort of seen, you know, these things take
a life of their own. And there's some pieces of it that -- certainly
the first phase I don't have a problems with, but the future phases,
when we're talking about the Taj Mahal for county commission and all
that, I'm not too hot on that phase.
MR. CAMP: And it would be just funding for the first phase that
you'd be looking at today.
COMMISSIONER NORRIS: Okay. Well, then I move staff's
recommendation on it then, to accept the report. COMMISSIONER CARTER: Second.
COMMISSIONER MAC'KIE: Do we want to -- oh, well, I guess we have
to hear it. Do you want any advice or leadership on the future? I
don't know. I mean, if it's just -- you gave us a report, and here it
s. Then I don't see why it's even on the agenda, frankly.
MR. FERNANDEZ: Madam Chair?
CHAIRPERSON BERRY: Mr. Fernandez?
MR. FERNANDEZ: There's some good reasons why I think it's
mmportant that the board formally embrace and approve this document.
This gives us a plan to work from as we consider the needs of various
county agencies as they come up. We have to have a master plan to
base that on. It allows us to have some direction to the space needs
as they come up. So I think it's important to have the board
establish that.
It's going to be a dynamic document. The outer phases I'm sure
are going to be revised as we approach them. We need the board to act
on this so that we then have direction to bring you a plan for the
financing of that initial phase. So I would say that board action is
appropriate.
CHAIRPERSON BERRY: I reviewed this plan, and also got a
presentation on the plan itself. I definitely agree, you've got to
have a blueprint in terms of where you want to go, what you think your
needs are in that assessment, and I think that's been done.
Skip, I think you've done -- you and whoever else was involved, I
think you all did a fine job in terms of assessing those needs.
As to eventually what it all looks like and how pretty it is and
all those kinds of things, that will be determined as we go down the
road. But I think what you've identified here is the need, the things
that we need here in the government complex.
And there's obviously some of the older buildings that -- I know
the building right across the way here and the other little
single-story building, these are buildings that unless you're going to
do some major renovation, which is tremendously costly to get into
renovation, are probably going to have to be torn down and there will
have to be some reconstruction or whatever, however the plan plays
out.
But I think you've identified the needs here, which that's what
I'm interested in looking at at this point in time. Now you all go to
work and figure out the next step from here. But --
COMMISSIONER NORRIS: And leave us --
CHAIRPERSON BERRY: -- it's a plan.
COMMISSIONER NORRIS: Leave us your credit card.
MR. CAMP: For the record, Skip Camp, your facilities management
director.
Just one item I would like to get on the record and that is in
the interim, we will need to continue to lease some space. We're
going to be coming to you very shortly with the housing department.
So I just want to let you know that that's just an interim deal. But
we will be recommending from time to time that you do lease space.
CHAIRPERSON BERRY: Okay, Commissioner Carter, do you have a
question, maybe?
COMMISSIONER CARTER: Not a question, but a comment. It is an
impressive study, and I'm an advocate of long-range planning, as you
well know.
As I look through this, and as you brief me, as in five-year
increments, the big key is how do we finance it, and that is a capital
expenditure. And I know you're going to bring this to us so we can
examine that process.
As I looked at this, just a couple of questions. You were pretty
-- I think pretty clear that we're not to confuse designated space,
utilized space, worthless building space in all of this process, and I
do see that we have, probably over the first five years, is there's
probably about 25 percent of unutilized space that can't be used. And
I hope that we're looking at the most efficient ways in design, the
hope that we could reduce some of that so we're better.
Other concerns that I do have with this, are we looking at
alternative work methods that many of our staffs might use, which
would negate the use of a lot of space? Otherwise, we do
telemarketing. People are not here, so we don't need space. I hope
this is all in the process.
MR. CAMP: Absolutely. There's two things that come to mind very
quickly. One is within the DRI process, we'll be looking at schedules
and those kinds of things to impact the main government complex the
least amount.
And also, as it relates to technology and the judicial system for
first appearance and those kinds of things, video communications.
COHMISSIONER CARTER: Okay. Thank you very much. And I also
understand this does not include facilities for the sheriff. I mean,
administrative facilities, but we're not talking about a jail space or
we're not talking about any of that.
MR. CAMP: That's correct. There are two separate reports. That
was reported in the V Group's report, and the report today is for
administrative space.
COHMISSIONER CARTER: Okay, thank you.
COHMISSIONER HAC'KIE: Just one tiny footnote but really
important to me is, and the work release center is in which of the
two?
MR. CAMP: That's in the correctional space, and it's also
incorporated in any figures that we've given you to date. It's
actually a dormitory within, I believe, two or three other
dormitories, and it's listed as the new Naples jail.
COHMISSIONER HAC'KIE: I just don't want to lose that work
release center focus.
CHAIRPERSON BERRY: Okay, any other questions? Then I believe
this, too, is an acceptance of the report?
COHMISSIONER NORRIS: Actually --
MR. FERNANDEZ: Madam Chair?
COHMISSIONER NORRIS: -- we have a motion and a second on this
One.
COMHISSIONER MAC'KIE: To do what?
COMHISSIONER NORRIS: To do staff's recommendation. To accept
the plan, formally accept the plan.
CHAIRPERSON BERRY: Okay. All right. Do I have a motion?
COMHISSIONER NORRIS: Yes.
CHAIRPERSON BERRY: And a second?
COMHISSIONER NORRIS: And a second.
CHAIRPERSON BERRY: Okay, I'll call the question.
All in favor?
Opposed?
(No response.)
CHAIRPERSON BERRY: Motion carries four-zero. Thank you.
Item #11B1
PUBLIC COMMENT ON GENERAL TOPICS - DAVID SHEALY REGARDING SKUNK APE AND
THE EVERGLADES
And the last item on the agenda. Folks, we're down there.
Public comment.
Do I have any registered speakers?
MR. FERNANDEZ: First speaker is David Shealy, and then Mr. Ty
Agoston.
CHAIRPERSON BERRY: Okay. Mr. Shealy. You can use this
microphone over here.
MR. SHEALY: Well, I've only got five minutes, so I'm going to
get my stuff over there, and that will save me a few seconds.
CHAIRPERSON BERRY: Well, you're wasting your time.
MR. SHEALY: I'm wasting my time?
CHAIRPERSON BERRY: Yeah. I mean, wasting your time time.
MR. SHEALY: Yeah, well, if you want to cut me off, you feel free
to --
CHAIRPERSON BERRY: I'm not going to cut you off, David.
MR. SHEALY: My name is David Shealy, and I believe we've met
before. It's really a shame that Mr. Constantine had to leave. I
wanted to thank him for being supportive of my business out in the
Everglades.
What I brought before you today is what we've been hearing about,
what I've been talking about, and I just wanted to bring the facts and
let you see the facts.
Would it bother anybody if I stuck my hat on, or should I just
put it down?
CHAIRPERSON BERRY: You can leave your hat on. Put your hat on,
David.
MR. SHEALY: Okay, thank you.
This is probably going to take about seven minutes total. This
is a picture of me and Wayne Huezinga (phonetic). I've been working
with Wayne Huezinga now for about five years, attending events,
promoting the Everglades at no charge.
Most recently he started getting me a room and feeding me. He's
a very nice man. In a crowd of 10,000 people, he can see me. I'm
recognizable, he's recognizable, we're friends.
This -- everybody knows who this is. This is Jesus. But the
paper is the Weekly World News. It goes out to 13 million people. I
didn't make the cover, but I'll take a backseat to Jesus any day.
COHMISSIONER HAC'KIE: Glad to hear it.
MR. SHEALY: But I got a thing -- I got a big thing -- here it is
two pages. That's a lot of money if you bought the pages. And
there's nothing in here where I'm selling anything.
This is the Hooter's trophy. This is first place, Fort Myers
Beach. I do the Edison Parade. I've got -- I've done good. I've
talked to millions before the skunk ape ever showed his stinking face.
Maybe you all have seen this? Can I stick it on the screen real
quick?
COHMISSIONER HAC'KIE: They've got you, actually.
COHMISSIONER NORRIS: They've got you.
MR. SHEALY: This is a tool.
COMMISSIONER MAC'KIE: That's okay.
COMMISSIONER NORRIS: Stay right there.
CHAIRPERSON BERRY: Stay there.
COMMISSIONER NORRIS: See, there's a camera right there.
CHAIRPERSON BERRY: It's picking it up, David.
MR. SHEALY: This is a tool, this huge panther I had built that I
use to promote the Everglades and Collier County. I have never
accepted a penny for the use of this.
I got myself out of my financial problems at my campground. I
don't need a business plan or anything. I'm a good businessman. It
looks like I'm going to hang in for a couple more months, but I'm
going to have to change the way I've been doing business. It's
difficult to sell what they're giving away across the street.
I'm willing to accept change. I'm not happy with it, but I'm
willing to accept it. I'm not hard-headed. Contempt prior to
investigation, that's what hard-headedness is.
These are the guiding principles for the Tamiami Trail Scenic
Highway. I wrote it. I wrote it. I attended the meetings, I brought
Indians. This is a good plan. The highway's going to do good.
In all of the talk -- I want to show you some better stuff.
Kids, kids love Big Foot, Weekly Reader, React. I've got tons of
stuff.
But in this chart here that you all have that shows some money
being spent on the county, I would say that this advertising promotion
goes -- is split and part of it goes to Marco, and then it's split
again and part of it goes to Everglades. I didn't hear the Everglades
mentioned one time. People come to South Florida and Collier County
because of the Everglades, too. I don't see it represented here. But
the beach sure is. And that's because that's where the money is. I
understand that. Sometimes it bothers me.
And I want to make it clear, I pay the tourist tax. I have a
campground. I'm going to get no representation for my campground
business out of any of this money.
I'm insulted all the time by people that should be working for
me, and I'm working for them. It's humiliating.
This is only a sample of tapes where I've been on TV, I've done
movies in Europe. I have friends that own hundreds of radio stations.
They love me. People, they call me weekly. I give them Everglades
updates. They don't want to know about Big Foot, they want to know
what's going on in the Glades. "Dave, what's the weather like?" And
these are radio stations all over the country.
I've got friends that can't get ahold of me now that can talk to
millions and millions of people, because I can't pay a $300 phone
bill. That's my fault. It's nobody's fault by my own. I'll pay my
bill. But it's just a shame we got all this down time.
Okay, the next -- real fast. With your permission, I'd like to
show you two more items in my bag, and then I'll zip it up.
CHAIRPERSON BERRY: Quickly.
MR. SHEALY: I've also attracted major fashion designers to the
Everglades. This is -- it's called Miami Modeling, but it's
international. And can you see in it, I did a big layout here in the
Everglades. Here I am, I'm a model now. That's my first 300 bucks I
made. But it's big news. Fashion here in Naples needs a little work.
And these -- this is a -- it would take a pickup truck to bring
the newspaper articles that I've appeared in before you. This is just
stuff I scraped up this morning to put together. But all of this is
in reference to Florida, the Everglades, and it all happened because
of the skunk ape.
And we need to talk about this somewhere else, sometime else,
because I think it's something worth talking about. Please.
CHAIRPERSON BERRY: What are you looking for?
MR. SHEALY: I come to you all for guidance. Tell me what I want
to find.
CHAIRPERSON BERRY: Well, David, I need to know what you're
looking for. I need to know what you're looking for.
MR. SHEALY: I understand what you're asking me. I'm not prepared
to answer that question at this time.
CHAIRPERSON BERRY: Well, David, if you can't tell us what you
need and what you want, I can't read your mind and find out what it is
you're looking for.
MR. SHEALY: I would like for the Board of County Commissioners
to consider the possibility of either hiring me on as a worker to
promote the Everglades, at a small fee. If you can't do that, knight
me on the head with a sword, do something.
COMMISSIONER MAC'KIE: Dave, I have a suggestion --
COMMISSIONER NORRIS: Well, I think one thing that Mr. Shealy
needs to understand is the Board of Commissioners doesn't hire anyone,
except those two gentlemen sitting right there. So, you know, you
need to go to the employment office. We can't --
COHMISSIONER HAC'KIE: And you might --
COHMISSIONER NORRIS: -- hire you for anything.
COHMISSIONER HAC'KIE: -- want to work with -- you might want to
work with the Visitors Bureau in some of the stuff that's coming up to
see if --
MR. SHEALY: So the Board of County Commissioners is giving me a
big zero?
COHMISSIONER NORRIS: Well, we don't -- we can't hire you. We're
not allowed to.
CHAIRPERSON BERRY: We hire three people, David. We hire the
county administrator, we hire the county attorney and we hire the
airport authority director.
COHMISSIONER NORRIS: And don't forget Ms. Filson and our office
staff.
CHAIRPERSON BERRY: Well, and our office.
COHMISSIONER HAC'KIE: Can I point out, too, that we are trying
to give you some direction, and that is to please talk to the county
administrator about whether or not there is some role that could be
played. That was Mr. Norris' advice.
My advice was to talk to the new Convention and Visitors Bureau,
if that's what we establish, with the Tourism Alliance to see --
MR. SHEALY: I've done all of that. I did my homework. I didn't
come here like to be an idiot.
CHAIRPERSON BERRY: Commissioner Hac'Kie, I --
MR. SHEALY: I didn't come here for people to be --
CHAIRPERSON BERRY: -- spoke to Mr. Shealy last Friday --
COMMISSIONER MAC'KIE: I see.
CHAIRPERSON BERRY: -- trying to work out something in terms of
his business, because I understood and was concerned about his
well-being --
COMMISSIONER MAC'KIE: As we all are.
CHAIRPERSON BERRY: -- and tried to work with EDC and tried to
work -- we did talk, David and I spoke about the business plan to make
sure that his business got back on track and to try and work with
them, them to give him direction and some help.
I think from what I have gathered and from what he has said
today, his main interest is having the county hire him in a position
of representing the Everglades. And as far as I know, all due respect
to our administrator and attorney, and even our public -- our human
resource people, we don't have positions such as that.
COMMISSIONER MAC'KIE: But maybe --
CHAIRPERSON BERRY: You know, and trying to be honest. I don't
like to lead people down the merry path and say you --
MR. SHEALY: There is no merry path --
CHAIRPERSON BERRY: -- need to go here, you need to go there.
MR. SHEALY: -- I'm aware of that. And I'm -- I'll go either
way. This is the merry path.
CHAIRPERSON BERRY: And David, that's what I'm trying to tell
you, that the whole thing is, if -- our concern here is for your
well-being. Your well-being is for your business, which you have.
MR. SHEALY: Which nobody's done anything to support. All I do
is pay taxes and look at your warrant officer once a month when I
can't pay them.
CHAIRPERSON BERRY: Well, I understand. And David, I take tried
to work with you last Friday, and --
MR. SHEALY: You didn't try to work with me, Barbara. What you
tried was humiliating, embarrassing. And as a matter of fact, Barbara,
in my opinion, I really didn't like what you had to say to me, and I
didn't like being searched when I came into your chambers this morning
while everybody else walked around with bags.
And there's a lot of things I don't like about what's going on
here. So if you don't want me to say anything else, then I guess I'll
have to get on the formal agenda, and I'm going to have to come back
here. And I don't mess around. Let's do something. Let's work
together. Why are you all so refusing to work with me?
CHAIRPERSON BERRY: Well, what is it you want us to do, David?
MR. SHEALY: There's going to be a book coming out tomorrow by
one of the most noted authors in Florida on the skunk ape. It's going
to be authenticized. I've had Unsolved Mysteries, I've had
detectives, the EDC searched my house. I was approached by a
homosexual offering me money, that lives in Naples, to pay my bills. I
mean, this is sick.
I just -- I'm a good person. Why do you all just sit there --
CHAIRPERSON BERRY: We're not questioning --
MR. SHEALY: -- and look at me with a blank look on your face?
CHAIRPERSON BERRY: David, we're not questioning your goodness.
That's not what we're up here to do. We're trying -- you know, from my
point of view, I'm trying to tell you what the limitations are of the
Board of County Commissioners.
MR. SHEALY: Yes, ma'am.
CHAIRPERSON BERRY: Okay? As far as hiring you, per se, as an
employee of Collier County, I don't have that authority to do that.
MR. SHEALY: Yes, ma'am.
CHAIRPERSON BERRY: We don't do that.
MR. SHEALY: You don't have to tell me again, I --
CHAIRPERSON BERRY: Okay?
MR. SHEALY: -- understand what you're saying.
CHAIRPERSON BERRY: We don't do that.
So where do you want to go from there? Having said that, where
do you want to go from there?
MR. SHEALY: I would like to speak in private with Barbara, my
representative of the -- Collier County for more than five minutes in
private on another occasion.
CHAIRPERSON BERRY: David, you've had opportunities. You have
been into my office. You know what you have to do. All you do is
make an appointment.
COMMISSIONER MAC'KIE: Could I '-
CHAIRPERSON BERRY: Is that not correct?
MR. SHEALY: That was on a friendship level. This is I'm trying
to get out of the runaround. I don't want to get involved in a
runaround.
COMMISSIONER MAC'KIE: Maybe we ought to --
COMMISSIONER NORRIS: Well, Mr. Shealy, you know, you call it a
runaround, but we're trying to explain to you that we don't have a
mechanism for the taxpayers to support you, frankly.
MR. SHEALY: Okay. I call phone numbers all the time, people
representing Collier County tourism. They're making paychecks, they've
got wife and kids at home. They're making big money. And here I'm
sitting out there doing all the advertising, all they're doing is
riding around in their car wasting taxpayers' money.
COMMISSIONER MAC'KIE: But they're doing that through the Tourism
Alliance, through the Visitors Bureau, through those organizations.
MR. SHEALY: Well, can you put in a good word for me, Pam?
COMMISSIONER MAC'KIE: Sure.
MR. SHEALY: That's all I'm asking. How about a good word, and
let's just drop it. Let me carry on and move out of you all's room
and stop taking your time. If you could help me put in a good word,
that would be great. That's all I'm asking.
COHMISSIONER HAC'KIE: I'd be willing to say right now I think
you've done a whole lot to get the issue of Everglades -- an
excitement about Everglades. A lot of attention to the Everglades.
Nobody can deny that. I mean, I think it's one of the best PR -- I
almost want to say stunts. But you're telling me it's going to be
authenticized, and if it is, then so be it.
MR. SHEALY: It will be in the morning.
COHMISSIONER HAC'KIE: But I think it's been great PR. I think
it's been very thorough market saturation, and you have done a great
service in that regard.
MR. SHEALY: Okay. There is a disaster relief fund on the chart,
I noticed. My phone being down right now is virtually a disaster
because --
COHMISSIONER HAC'KIE: That's a hurricane.
MR. SHEALY: -- I'm missing millions of people.
COHMISSIONER HAC'KIE: It should be called hurricane relief fund.
MR. SHEALY: Well, it says disaster.
CHAIRPERSON BERRY: Well, or major -- major storm. It --
MR. SHEALY: Well, does it say that?
CHAIRPERSON BERRY: -- that's what it's talking about.
MR. SHEALY: That's what I want to know.
CHAIRPERSON BERRY: No.
MR. SHEALY: A disaster. This is a disaster that I have millions
of people wanting information and I can't give it to them.
You know, could you all look into that or something? I'd like to
get my phone on, because there's millions and millions of people that
want to know what's going on in Collier County. Millions. I probably
missed a couple television shows.
Hey, maybe you all could hire me an agent and the agent can work
for you all and then I'll work for the agent.
CHAIRPERSON BERRY: David, we go back again, we don't have that
mechanism in --
MR. SHEALY: Okay.
CHAIRPERSON BERRY: -- this government.
MR. SHEALY: All right.
CHAIRPERSON BERRY: Okay?
MR. SHEALY: Thanks for the good word. And thanks for the extra
time. I really appreciate it.
COMMISSIONER MAC'KIE: Good luck.
MR. SHEALY: God bless you.
CHAIRPERSON BERRY: Thank you.
COMMISSIONER MAC'KIE: You, too.
Item #11B2
PUBLIC COMMENT - TY AGOSTON RE TAX PAYERS PARTICIPATION IN BOARD
MEETINGS
HR. FERNANDEZ: Next speaker is Hr. Ty Agoston.
CHAIRPERSON BERRY: Okay.
MR. AGOSTON: Good morning, ladies and gentlemen. Welcome, Mr.
Carter. The best of luck on the board.
My name is Ty Agoston, and I'm a president of the Taxpayers
Action Group, and I'm speaking for them.
We find a systematic closure to the access of this board, and we
want to object to it. When I started coming here, there were many
members of TAG who attended the meeting. As the years went by, they
were either -- when they made a presentation, they were interrupted,
so they could not find the train of thought, or in some way or the
other diminished so they no longer want to come.
There were a number of rules that were instituted here as well
that actually discourages taxpayer participation; one of which the
limitation of the number of people who could comment on a given item.
Another one that I particularly find objectionable is that you
cannot make a comment on an item that has been opened. You bring up a
lot of items on your agenda that I have an executive summary and I
don't know what is it about. So for you to say that once the staff
makes a presentation nobody can comment on it is a strict limitation
of access. That's my opinion.
Additionally, for you to go now to once every other week meeting
is essentially half the access. And while I -- it's a rare thing that
I agree with a newspaper editorial, the Golden Gate Gazette did bring
the issue to the forefront saying that this is the wrong direction,
here is a county that is growing, and you are actually restricting
access.
Fort Myers Mayor Bruce Grady is going exactly opposite way and
makes their meetings available in the evening so working people who,
unlike me, don't have the time to sit around and wait for a given
issue can show up after work and be able to address their elected
officials on issues that concerns them.
One of the fact, I was told last week that some people find this
meeting entertaining and use it as an entertainment. The only people
I could really think of who might find that was the news reporters,
because when they disagree with what you've come up with as a
decision, they make a lot of fun out of it, so I would assume they
find it as an entertainment.
I don't. But I find occasionally when I say something, I get
interrupted, and I find people with half my age, half my experience
and half my education telling me about the facts of life. Thanks very
much.
MR. FERNANDEZ: No other speakers, Madam Chairman.
CHAIRPERSON BERRY: Ty, I think the only thing I'd like to
comment on is sometimes we get criticized because government is very
rigid and they never want to try anything new. And when Mr. Fernandez
and I had this discussion about going to two meetings a week -- or a
month, it was decided that that was an opportunity -- it was something
to try. He had some experience with this, and he asked if we would be
willing to try it.
I think that it behooves us to try something a little bit
different. Yes, it's different. Does it cut down on access of the
public to public officials? The answer is no. Because, I mean,
anyone other than -- I can tell you that trying to accommodate the
requests that are made of my time and to be here in the office to meet
with people and to be out at the request of individuals and groups and
so forth or things that are going on in the county, it's a very
difficult balance to do it all.
And I look at this time also in terms of staff being able to get
the information back to us, and at the same time, when you get the
agenda, when you're going to get the agenda for the upcoming meeting,
you're going to have a longer period of time to look at that agenda,
or I would hope you would avail yourself to that agenda. If you have
questions about an agenda item, you are going to have time to inquire
about that item.
I know sometimes when you read the item on the agenda and then in
reality what it's all about, sometimes there's a difference there, and
it doesn't always coincide maybe what you're thinking and what the
actual item is. And it's just, I suppose, communication.
But I would hope that you would feel free to call and say, you
know, do you -- what's the whole issue here? And either myself or any
of the rest of the commissioners are available to take your calls.
And Ty, you know I return phone calls. I mean, sometimes they're
kind of late at night, but I'll get back to you.
So I would hope that -- and again, pass this word along on to
members of the Taxpayer Action Group. I know that we used to see
several of the members. I know some of them aren't members anymore of
Taxpayer Action Group. They're welcome to come here and talk to us.
And I'm sorry if they feel and if you personally feel like we're
cutting you out of the loop here. It's not. We're not trying to do
that. But I think we also owe it to the fact that our administrator,
in discussion with the Chair -- that's me -- we had this discussion
and we said let's try it. If it doesn't work, we can certainly return
to the way we did business before, if it's not working.
So as I said, sometimes we're accused of, you know, it's -- you
know what it is, Ty, it's damned if you do and damned if you don't.
So maybe we're in the damned if you do situation right now. And --
but I think we need to be allowed to try it. And if it's -- if it
works, fine, if it doesn't, we can always go back and do something
else.
COHMISSIONER NORRIS: Let me just contrast this with the time I
went before the Governor and the Cabinet. There were a number of
people on a particular issue. And the Governor said, well, we'll do
what we normally do, we'll give 15 minutes to each side. And as you
well know, Ty, we sit here for hours on end sometimes on a single
item, allowing everybody that wants to speak to speak.
So for you to criticize us for not allowing public access, I
mean, come on, what are you talking about? And besides, you have to
take some of the credit for our policy, personally, our policy of not
allowing people to register on an item once the item's been started.
Because what we were getting into was a debating society.
And if you have something constructive to talk about on an issue,
certainly you'll have that before the issue's begun to be discussed.
So that's when you need to register for that, not to get up and debate
the previous speaker and contrast your thoughts with what the previous
speaker had to say. That's not what we're all about up here.
CHAIRPERSON BERRY: And I think that did happen at times. And
that's the reason we did change, and we asked that when you get the
agenda and those of you who attend on a regular basis, you look at the
agenda items. If there are things that pertain to something that
you're interested in, then we just ask that you register to speak to
that item, rather than if one of the individuals here jumps up or
wants to say something and you say wait a minute, I disagree with
that, now I want to speak to that item.
I'm not sure that that's the way we ought to do business. I
don't think it's a very efficient way to carry on a meeting. And that
gets down to the idea again of what is a county commission all about.
COHMISSIONER NORRIS: It's about lunchtime.
CHAIRPERSON BERRY: It's about us conducting the business of the
county.
COMHISSIONER MAC'KIE: And I'm going to just leave with one small
comment --
CHAIRPERSON BERRY: Sure.
COMHISSIONER MAC'KIE: -- and that is that in the last year --
and I really do want to commend the Chair for this and voice my
appreciation -- we have had more legitimate civics debates and
discussions on this board on issues than we've had since I've been
here before.
And when you first imposed the regulation about registration, I
was dubious, frankly. But I don't think it's done anything to -- I
think we've had real, real debates out here, more than any other time
I've ever seen, so I don't think it's interfered.
CHAIRPERSON BERRY: It's the only time we have. I mean, this is
it, folks. You know, if we don't talk about it out here, it's not
going to get talked about.
So we can all go with our own personal little thoughts and all
those kinds of things, but it's not until we sit out here at this
table that we have the opportunity to hash out some of our thoughts.
And I think that's just critically important that we do have that
opportunity.
Item #14
STAFF COMMUNICATIONS - COMMISSIONER BERRY APPOINTED TO THE FACC
So anyway, if -- we have one other item, staff communications,
moving on to workshop, regarding the public information office master
plan.
COMMISSIONER NORRIS: No, we did that. We did that.
CHAIRPERSON BERRY: What did we do?
COMMISSIONER NORRIS: We did it.
COMMISSIONER MAC'KIE: No, we didn't.
MR. FERNANDEZ: Madam Chairman, the item I wanted to bring up had
to do with the Florida Association of Counties, the need for
appointment of a replacement for Commissioner Hancock. CHAIRPERSON BERRY: Okay.
MR. FERNANDEZ: We submitted a letter from Vivien Zarricky, their
executive director, asking that the board take the opportunity to
select a replacement for Commissioner Hancock.
COMMISSIONER MAC'KIE: Do you have an interest in that, Madam
Chair? I mean, having gone to some of those meetings, I --
CHAIRPERSON BERRY: Well, I am. And I'm going today -- I'll
leave this afternoon, I'm going up because I -- I just feel
Commissioner Hancock used to -- you know, I kind of -- he did that,
and so, you know, I frankly felt that we didn't need five people
traipsing to do it. But on the other hand, now that I've had a couple
of years and kind of understand some of the issues at hand, I wouldn't
mind.
At least -- I think we need a link to our state organization that
when certain issues come down to us, be it faxed in to us or whatever,
that we kind of have someone that kind of stays on top of what the
items are, and also keeps that contact around the state to kind of
know what's going on, so --
COMMISSIONER MAC'KIE: I'd like to ask you to do it.
CHAIRPERSON BERRY: -- I would do that, if that's what you all
desire for me to do. I'm not --
COMMISSIONER CARTER: I think it would be a great idea.
CHAIRPERSON BERRY: -- out seeking it, don't misunderstand, but
at this point in time, I'll do it if you need.
COMMISSIONER MAC'KIE: Do you need a motion for that?
COMMISSIONER NORRIS: Power hungry.
CHAIRPERSON BERRY: Yeah, I'm not power hungry.
COMMISSIONER MAC'KIE: Then I'd like to move that we appoint
Commissioner Berry to replace --
COMMISSIONER NORRIS: Second.
COMMISSIONER MAC'KIE: -- Commissioner Hancock.
COMMISSIONER CARTER: I second.
CHAIRPERSON BERRY: Okay. We have a motion and a second. All in
favor?
Opposed?
(No response.)
CHAIRPERSON BERRY: My husband.
COMMISSIONER MAC'KIE: Yeah, I know. Sorry, Don.
COMMISSIONER CARTER: I think it's a great organization, and I
plan to participate in that process, and I agree, we need that
linkage. We're too big of a county and have got too much going on not
to be involved.
COMMISSIONER NORRIS: Speaking of the Florida Association of
Counties, they were very instrumental in some of those amendments to
the constitution.
MR. FERNANDEZ: Yes, they were.
COMMISSIONER NORRIS: Number seven, which deals with court
funding, we will see the effect of that in the double aught budget.
MR. FERNANDEZ: I believe so.
COMMISSIONER NORRIS: Good.
CHAIRPERSON BERRY: Some effect.
MR. FERNANDEZ: Some effect.
COMMISSIONER NORRIS: Some effect.
CHAIRPERSON BERRY: Okay, Commissioner Mac'Kie?
Item #15
BOARD OF COUNTY COMMISSIONRES' COMMUNICATIONS - COMMISSIONER MAC'KIE
REGARDING A HEARING BEFORE THE ETHICS COMMISSION
COMMISSIONER MAC'KIE: I had one communication item today, and
with some trepidation, because I'm bringing out some information that
otherwise would be confidential, but it's the way I've been proceeding
with this ethics investigation, is just to be as up front about it as
I could be.
I wanted to report to the board, and I have a copy here, of the
-- what do they call it, report of investigation to the Commission on
Ethics for my particular hearing that I received yesterday afternoon
at about 3:30.
Basically -- and you'll read it for yourselves and see what it
says -- but it had four possibilities for ethical violations to have
been found. One was for continuing conflict, and that was found not
to bear further investigation. And it had a potential voting
conflict, because of the number of abstentions that I had, and that
was found not to bear further investigation. It had a potential
ethical violation about whether or not there was some trade in
exchange for a gift on the golf tournament tickets and otherwise that
I received, and that was found not to bear further investigation.
And it will hold no great surprise, I think, that there is going
to be further investigation about whether or not my acceptance of the
tennis and golf tournament tickets was a technical violation of the
ordinance. And the question that remains there apparently has to do
with the valuation of the golf tournament tickets that I valued at
$1,000, because I thought that was what they appeared to be worth.
The procedure at this point is that by December 28th, the
Attorney General's Office will have a recommendation to the Commission
on Ethics, and on January 28th, the Commission on Ethics will decide
whether or not there is probable cause to continue to investigate the
one question.
So I received that yesterday afternoon and just in the interest
of disclosure wanted to let you guys know that.
CHAIRPERSON BERRY: Just to clarify, Commissioner, the Attorney
General does the investigation?
COHMISSIONER HAC'KIE: Yeah. That's -- this cites the rule even
that an Assistant Attorney General has been designated as the advocate
for the commission and will present a recommendation on this matter to
the Commission. So --
CHAIRPERSON BERRY: I didn't know that. I mean, I didn't know
how it works.
COHMISSIONER HAC'KIE: Yeah, basically, as I understand it, this
is the investigator's report that will be reviewed by the Attorney
General who will make a recommendation to the Ethics Commission on
whether or not probable cause exists on the one remaining issue. And
if they find that probable cause exists, then there would be another
hearing on what the penalty, if any, should be.
COHMISSIONER NORRIS: And that would be held locally?
COHMISSIONER HAC'KIE: I don't know. I haven't gotten that far.
But January 28th -- December 28th is the next date where I will get
the Attorney General's recommendation, and then on January 28th, that
last issue will be in front of the commission to decide, if there was
a violation -- or if there's probable cause to believe that there's a
violation. Long drawn-out process, but --
CHAIRPERSON BERRY: How long has this been going on now? A year?
COHMISSIONER HAC'KIE: Over a year.
CHAIRPERSON BERRY: Over a year?
COHMISSIONER NORRIS: Over a year.
CHAIRPERSON BERRY: That's a long time.
COHMISSIONER HAC'KIE: Thanks. Just wanted to let you know.
CHAIRPERSON BERRY: Thank you very much. Appreciate that.
Mr. Weigel, do you have any comments?
MR. WEIGEL: No, thank you.
CHAIRPERSON BERRY: Mr. Fernandez?
MR. FERNANDEZ: None other.
CHAIRPERSON BERRY: Ms. Filson?
MS. FILSON: No, thank you.
CHAIRPERSON BERRY: If not, let's go home.
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 11:50 a.m.
*****Commissioner Mac'Kie moved, seconded by Commissioner Constantine,
and carried unanimously that the following items under the Consent and
Summary Agenda be approved and/or adopted: *****
Item #16A1
RESOLUTION 98-465, REVISION OF POLICY AND PROCEDURES FOR VACATION AN
ANNULHENT OF PLATS OF PORTIONS OF PLATS OF SUBDIVIDED LAND, ROAD RIGHT
-OF-WAY, ALLEYWAYS, AND PUBLIC DEDICATION EASEMENTS CONVEYED TO THE
COUNTY OR PUBLIC BY GRANT OF EASEMENT
Item #16A2
COHMERCIAL EXCAVATION PERMIT NO. 59.664, FOR "JACKIE WEEKS COHMERCIAL
EXCAVATION AND HOMESITE" - WITH STIPULATIONS AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16A3 - ADDED
REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF NORTH COLLIER
INDUSTRIAL CENTER AND APPROVAL OF THE PERFORMANCE SECURITY
Item #16A4 - ADDED
REQUEST TO APPROVE THE FINAL PLAT OF JASMINE LAKE
Item #16B1 - Deleted
Item #1682
AMENDMENT TO THE CONSTRUCTION MANAGEMENT CONTRACT RFP #98-2795 FOR THE
SOUTH NAPLES COHMUNITY PARK PROJECT WITH W. G. MILLS, INC. AND THE
NECESSARY BUDGET AMENDMENTS
Item #1683
ASSIGNMENT OF THE PROFESSIONAL SERVICES/MANAGEMENT CONTRACT BETWEEN
GARY L. HOYER, P.A. AND COLLIER COUNTY DATED OCTOBER 6, 1992 FOR
MANAGEMENT ADVISORY SERVICES FOR PELICAN BAY SERVICES DIVISION (PELICAN
BAY MUNICIPAL TAXING AND BENEFIT UNIT) TO SEVERN TRENT ENVIRONMENTAL
SERVICES, INC.
Item #16C1
INSTALLATION AND FUNDING OF ADDITIONAL HUMIDITY CONTROL EQUIPMENT IN
THE MEDICAL EXAMINER'S BUILDING
Item #16El
CHANGES TO THE SENIOR MANAGEMENT FRINGE BENEFIT PLAN
Item #16E2
BUDGET AMENDMENT 99-027
Item #16G1
MISCELLANEOUS CORRESPONDENCE - FILED AND REFERRED
The following miscellaneous correspondence as presented by the
Board of County Commissioners has been directed to the various
departments as indicated:
Item #16H1
UNITED STATES DEPARTHENT OF JUSTICE FEDERAL EQUITABLE SHARING ANNUAL
CERTIFICATION REPORT
Item #16H2
LOCAL LAW ENFORCEHENT BLOCK GRANTS PROGRAM AWARD FROH THE U.S.
DEPARTMENT OF JUSTICE AND ASSOCIATED BUDGET AMENDMENT
Item #16H3
BUDGET AMENDHENT FOR THE USE OF CONFISCATED TRUST FUNDS FOR THE
PROCUREHENT OF MATERIALS FOR CRIME PREVENTION PURPOSES
BOARD OF COUNTY COHMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
BARBARA B. BERRY, CHAIRPERSON
ATTEST:
DWIGHT E. BROCK, CLERK
These minutes approved by the Board on
presented or as corrected
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING
SERVICE, INC., BY CHERIE' R. LEONE, NOTARY PUBLIC
· as