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BCC Minutes 02/24/2000 TH (District 4)February 24, 2000 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS FEBRUARY 24, 2000 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 7:00 p.m., in a WORKSHOP SESSION held at the Conservancy of Southwest Florida, 1450 Merrihue Drive, Naples, Florida, with the following members present: CHAIRMAN: Timothy Constantine Barbara B. Berry John C. Norris Pamela S. Mac'Kie James D. Carter ALSO PRESENT: Mike McNees, Assistant County Administrator David Weigel, County Attorney Maria Ramsey Leo Ochs Vince Cautero Edward Finn Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS TOWN HALL MEETING DISTRICT 4 AGENDA Thursday, February 24, 2000 7:00 pm Conservancy of Southwest Florida 1450 Merrihue Drive Naples, Florida NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY ADMINISTRATOR PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. PLEDGE OF ALLEGIANCE ITEMS FOR DISCUSSION A. Rural/agricultural assessment process update. B. Goodlette-Frank Road widening project. C. East U.S. 41 beautification. ! 2000 D. Status of Bayshore/Gateway redevelopment areas. 3. ADJOURN. 2 2000 February 24, 2000 CHAIRMAN CONSTANTINE: Good evening, and welcome. We'll call the workshop of February 24, 2000, of the Board of County Commissioners to order. If you'd stand with me and join me in saying a pledge to our flag. (The Pledge of Allegiance was recited by all.) CHAIRMAN CONSTANTINE: Mr. McNees, do you have slips anywhere in particular if members of the public are going to want to speak? MR. MCNEES: Up in the back by Jean Merritt. MR. CONSTANTINE: If anybody is going to want to speak as the evening goes on, we do ask you to sign up. You can do so at the back left portion of the room, or if you're facing our way, it will be the back right portion of the room. First item for discussion is Rural/Agricultural Assessment Process Update. Mr. Mulhere? MR. MULHERE: Thank you. Bob Mulhere, Planning director. A little different perspective here tonight than I'm used to. For the members of the public, I'll just do a very brief background. The final order requires that Collier County conduct an assessment of Rural/Agricultural areas. I have a map on the very far wall over there, and I'll leave that up if anyone wants to take a peek at the map during the evening. The Board, on August 3, directed, in conformance with the final order, that the process be bifurcated; and they appointed two committees to oversee the process, one to look at the process or oversee the process in the rural fringe lands, and the other to oversee the process in the far eastern lands. That committee is referred to as the Berry Committee. The Berry Committee has met alternately in Immokalee as well as in the urban area of Naples on about six occasions. Currently they are on hiatus waiting for the first phase of the scope of work by Wilson-Miller to be completed, although likely they will reconvene sometime in the next four to six weeks to look at some staff work. Page 2 February 24, 2000 Okay. I'm going to explain the final order. The final order was issued by the governor and cabinet sitting as the Administration Commission to allow the County an opportunity to correct what the governor and cabinet felt were deficiencies in the comprehensive plan, particularly with respect to natural resource protection. And that really provides for a period of three years, or up to three years, during which an assessment will be conducted to study the area, collect data, and then develop comprehensive plans to protect natural resources and to provide for alternative plans for development and for agriculture in that area. The other committee, the Rural Fringe Committee, has been meeting every two weeks, and they have been meeting on a consistent basis and dealing with matters before them with a schedule -- a little bit more expedited schedule. They, they expect to complete -- I really don't want to put a time frame on it, but certainly within the next, say, 12 to 15 months. The Rural Fringe Committee is currently looking at specific levels of development that have been approved within that area, and the staff is concurrently developing an evaluation matrix that will be applied consistently throughout the entire assessment area. As an example, if we look at the, at the criteria of, for example, wetlands, we'll be developing measures or developing criteria to measure impacts on wetlands, not only on our current comprehensive plan, but also on any alternatives that are developed; and we'll apply that uniformly throughout the assessment, whether it's in the fringe or in the farm/rural area. The final order requires or calls for this to be a, a process that has widespread public participation, and all of the meetings are obviously advertised and open to the public. They're held in various places, but the Fringe meetings are always held at the Development Services Center at 5:15. The next meeting is on March 8, and of course we invite the public to attend that; and we will be advertising the next Berry Committee meeting, as it's called. In addition, we're doing some other things to try to engaged Page 3 February 24, 2000 the public in the process. First of all, all of the information minutes, agendas, maps, and other pertinent documents are available for the public to inspect and review on the County's web. That's Collier -- or CO.COLLIER. FL. US; and we're adding information, as we have it, onto that web page, so we invite the public to view that at any time. We're also developing with the County's IT Department a web board, and that will be a process where we can post electronically topics; and then at any point from, from their home or wherever a computer is available, members of the public will be able to respond to various topics that we post. We expect to have that up and running within about a month. And this will give us another opportunity -- as an example, the DCA survey -- 72 percent of the people responding to the Department of Community Affairs survey recently responded electronically, so we do feel that this is going, this is going to be a vital mechanism for the public to communicate with us. When we've completed -- I guess I'm jumping around a little bit -- when we've completed the evaluation matrix, the next step for us will be to distribute that to a, a resource committee that's been set up of various state and federal agencies, and chaired by Bob -- Robert Cambrick from the DCA. They will then provide input into the, the specific criteria that we, that we have developed with the Fringe Committee and the Berry Committee, and at that point we should be able to begin to evaluate the alternatives. Again, I think that the Fringe Committee is moving at an expedited pace, and we expect them to finish up their work sometime well before the far eastern lands and the Berry Committee finish -- finishes its work. I think that's basically it. Any questions? CHAIRMAN CONSTANTINE: Commissioner Berry, this has kind of been your bailiwick. Anything you want to throw -- add in there or-- COMMISSIONER BERRY: We're just waiting, at this point. Page 4 February 24, 2000 CHAIRMAN CONSTANTINE: Commissioner Mac'Kie. COMMISSIONER MAC'KIE: Two things. One is, why don't we use Channel 54 to televise the committee meetings, whether through tape or otherwise, because I would watch them. I can't show up every time, but I'm sure there are other people who would tune in. Has that been considered? MR. MULHERE: Well, two things -- Commissioner Mac'Kie, we're considering actually two things, and I'm glad you asked that question, because I neglected to mention that we are working with the IT Department to, to use available resources such as the new Collier 2000 program to disseminate much of the information as it becomes available. As far as specifically taping the meetings, I do not believe we have explored that though. I think that's an option that we could work with the Office of Public Information on. I don't think -- I don't know that it could be done live, but it certainly could be taped and rebroadcast. COMMISSIONER MAC'KIE: I don't think it would matter so much if it were live, but I've found from watching the EAC, the environmental committee, for example, that I learn a lot from watching those meetings. I can't attend them, but I watch the tapes; likewise, this is such a complicated process, if people could watch it unfold, they'd have a lot better chance to understand what's going on. CHAIRMAN CONSTANTINE: Commissioner Berry? COMMISSIONER BERRY: Just one comment on that. Where we meet, first off, we meet -- we've met at the IFUS Center out in Immokalee, not really conducive an area in terms of we'd have to tape -- in terms of meeting out there, it would be rather difficult. I don't know how Katie deals with lighting and all those kinds of things, but it would, I think, present a problem. Our other meetings have been held in the elections office as opposed to, say, the EAC meetings, which are held in the commission chambers, which is set up for doing all the taping and those kinds of things. Page 5 February 24, 2000 I certainly wouldn't be opposed to doing that. I just -- it might be an imposition on staff, traveling out there to tape those meetings and certainly not having the best of facilities out there to, to tape those meetings, but whatever you-all choose to do is fine with me. COMMISSIONER MAC'KIE: But if the majority of the Board is at least interested in exploring it, I think it would be a good idea. Is that something -- CHAIRMAN CONSTANTINE: I don't mind exploring it. I think that we've just got to make sure it's viable, and, and I think -- if you remember the way our commission meetings used to be with one camera, no displays, nothing, it was a, it was a hard watch to watch that for any length of time. And that -- COMMISSIONER MAC'KIE: City Council now. CHAIRMAN CONSTANTINE: Yeah. If you're in a place where you're set up -- yeah, that's a hard watch too -- if you're watching in a place where it's difficult to set up. Maybe our Collier 2000 program, if you can boil that into 20 minutes or something, it's better than nothing, but I have no objection to have Katie or Gene and everybody explore what we could or couldn't do. CHAIRMAN CONSTANTINE: Do you have a second question? MS. MAC'KIE: No. That was it. CHAIRMAN CONSTANTINE: Wow. Great. Second item, Goodlette-Frank Road Widening Project. COMMISSIONER MAC'KIE: Are we going to offer people a chance to speak on this topic or -- CHAIRMAN CONSTANTINE: Yes, we are. COMMISSIONER MAC'KIE: At the end. CHAIRMAN CONSTANTINE: At the end. MR. KANT: Good evening, ladies and gentlemen. I'm Edward Kant, Transportation Services Director. I'd like to give you a brief status report on several issues regarding Goodlette-Frank Road, the four-laning improvements from Pine Ridge Road to Vanderbilt Beach, some median landscape improvements from Salana to Pine Ridge, and a small Page 6 February 24, 2000 roadway re-alignment project south in the city. As you're aware, this past meeting the Board approved the final roadway alignment and typical cross section for the Goodlette-Frank four laning between Pine Ridge and Vanderbilt. The final design plans will be prepared, and in the executive summary, there are some dates which I'm not going to go over because they may no longer be valid. I was fortunate enough to meet with the consultant earlier this morning, and I'm waiting to hear back, but preliminary indications are that we're going to be able to significantly accelerate that time schedule for design right-of-way and construction start-up. We've asked them to see if they could take six to nine month off the design period, and in doing so, it will give us an early jump on some of the right-of-way issues, and it's entirely possible that we could be looking at as much as a year early in starting this project. But I will report that back to you officially at a Board meeting probably within the next month or so. The other project -- another project is the median landscape project along Goodlette-Frank Road between Salana and Pine Ridge Road. It's about a one-mile -- excuse me -- it's about a one-mile project. It's a public-private partnership-type project. It's going to cost a total of 340,000, of which 110,000 will be from private sources, and the remainder from the public funding. The design plans are due in March, about the 15th of March, with the construction program to begin later this summer, or give or take Labor Day, about six months' worth of construction on that. And finally, at the southern end of Goodlette-Frank Road, anybody who's ever traveled north and discovered that as they're moving north, all of a sudden there's a storm water pump station in their way, will be happy to hear that the City of Naples is going to be relocating that; and we've worked out a joint agreement with the City that, as part of that, they will also then rebuild that third lane. And from my point of view -- I imagine it's somewhat selfish, Page 7 February 24, 2000 'cause all we're going to have to do is write a check, because they're going to do the whole job, and we won't have to get involved in construction or anything with that. They probably won't get around to doing that though until about the end of this year, because they have to build the new pump station before they tear the old one down. Unless there's questions, that's all I have in this report. CHAIRMAN CONSTANTINE: Questions for Mr. Kant? (No response.) MR. KANT: Thank you. CHAIRMAN CONSTANTINE: Thanks, Ed. The next item was item C, which is the East U.S. 41 Beautification. MR. FINN: Thank you, Mr. Chairman. For the record, Edward Finn, Interim Public Works Administrator. Much like Mr. Kant's report, this actually involves a couple of different items. The first item is a brief update on the U.S. 41 median project on the north side of Seagate to Gulf Park Drive. That project is under way. It's currently at 90 percent construction plans. The total project cost is estimated about $502,000. There has been a grant application submitted for $200,000. That project is scheduled for substantial completion by June 30, 2001. The other project update on this item is U.S. 41 East between Davis Boulevard and Rattlesnake Hammock, and as the Board might recall, that project is broken into two segments. The first segment to be constructed is between Davis Boulevard and Airport Pulling Road, and the second segment identified as B is Airport Pulling Road to Rattlesnake Hammock. The phase A project is scheduled to commence construction on 5/1/00, and be completed by January -- I'm sorry -- by December '00. The second phase is scheduled to commence construction on January '01 and be completed by October '01. The phase B segment, for the phase B segment, we have submitted a grant application for $200,000. Page 8 February 24, 2000 CHAIRMAN CONSTANTINE: Thank you. Questions for Mr. Finn? (No response.} CHAIRMAN CONSTANTINE: Thank you very much. MR. FINN: Thank you. COMMISSIONER CONSTANTINE: Item D, status of Bayshore/Gateway Redevelopment Areas. Mr. Kant, welcome back to the podium. CHAIRMAN MAC'KIE: Just a -- I'm sorry -- MR. KANT: Actually, I'm just warming everybody up for Ms. Preston. This was an item -- COMMISSIONER MAC'KIE: Ed -- MR. KANT: This is a separate item from the -- Yes, ma'am. COMMISSIONER MAC'KIE: Where is that -- well, that's a separate item, the Bayshore/Gateway Redevelopment. There's also an item in our packet for the Bayshore median landscape project status report. MR. KANT: And that's what I'm here to report on. I can speak to the agenda listing. There must -- there was obviously some kind of a mix-up. I just want to give you about 30 seconds on this landscape project, because it is a separate project from the redevelopment project and is moving ahead. The construction plans are about 90 percent complete. We anticipate having those complete within the next couple of weeks. The bidding and award of the contract should take place in 60 to 75 days after that, and the work will start somewhere around April or May, with a completion date in October. The overall project is about a million-two. That seems like a lot of money for just a mile and a half, but it does -- it is more than just landscaping. The overall project will include some street furniture, sidewalks, some driveway re-alignments. We've been working very closely with the residents in the area, and I think that when the project is complete, it's going to kind of set the pace for what other people are going to have to Page 9 February 24, 2000 measure up to for similar types of projects. If there are any questions, I'll be glad to answer them. CHAIRMAN CONSTANTINE: Commissioner Mac'Kie. COMMISSIONER MAC'KIE: One -- actually, two questions. Does the project you just described include the bridge improvements, or is that a separate project? MR. KANT: No. That includes the bridge improvements. There is a $200,000 grant from FDOT. What we're -- in order to keep the project moving, we're going to finance it, and then that will be paid back in the FDOT's fiscal year. It's -- there's about a two-year lag there. COMMISSIONER MAC'KIE: Is there a final design yet on that bridge? MR. KANT: It's close, but not final, not, not just yet. We hope, as I say, within the next two to three weeks we'll have the final plans. COMMISSIONER MAC'KIE: It's something to see. The other question I have is --I hope it's a typo that -- on the schedule, it talks about a design start of February 1, '99; and then construction, it says April I of 20017 MR. KANT: That's a typo. It should say '00. COMMISSIONER MAC'KIE: Thank God. CHAIRMAN CONSTANTINE: That's this April, two months from now. MR. KANT: Yes, sir. COMMISSIONER MAC'KIE: Construction starts soon. That's great. That's all I wanted to know. MR. KANT: Well, we've already done some construction. We've done all the subsurface borings for the irrigation, electrical sleeves, and there's a -- an entry feature that's been placed. Thank you. COMMISSIONER MAC'KIE: And this is a project paid for by the people in Bayshore in the area; they developed an MSTD to pay for it? MR. KANT: That's correct. It's a, it's a self-taxing district. They've taxed themselves 3 mills, and they're raising about a half million dollars a year for three years to pay for the Page 10 February 24, 2000 project. MS. MAC'KIE: Big bucks. CHAIRMAN CONSTANTINE: Which takes us to the Gateway redevelopment area. Ms. Preston. MS. PRESTON: Debrah Preston, for the record, with the Planning Services Department. On the easel over to your right is the boundary map for the Bayshore/Gateway Redevelopment -- proposed redevelopment area, and the blue area that is highlighted on that map is phase 1 of the zoning overlay that we are also working on for that area to encourage private developers to come in and start to redevelop the area. On the floor is the large map that also is the conceptual redevelopment plan that was created by Landers Atkins and adopted by the Board in concept in November of 1999. The Board has given direction to the staff to proceed with the creation of a community redevelopment agency, and we plan on bringing back that item to the Board on March the 14th to establish the CRA and also to adopt a finding of necessity for both Bayshore/Gateway and the Immokalee area. The overlay that I had discussed briefly in the blue area will be adopted in the LDC hopefully by December of 2000, and staff is also working on a comprehensive plan amendment which will help to initiate some of the redevelopment efforts, and that should also be before the Board by December of 2,000. Do you have any questions at this time? (No response.) CHAIRMAN CONSTANTINE: Thank you very much. With that, let's go to the public speakers. Mr. McNees, we have two? MR. MCNEES: We do. First would be Bill Boggess. CHAIRMAN CONSTANTINE: Good evening, Bill. And he'll be followed by -- MR. MCNEES: -- Mr. Pennington. CHAIRMAN CONSTANTINE: Both those names sound vaguely familiar. Page 11 February 24, 2000 MR. BOGGESS: Good evening. I think you-all know me, but my name is Bill Boggess, former beach committee member and a retired civil engineer. I have for several years been concerned about the illegal placement of rocks on our beaches, both Vanderbilt and Naples. You have a report that you paid some 40,000, $50,000 for it, which was withheld from July until December. Finally it was released in December with the excuse that the attorneys wouldn't release it, which is fine. If you review this report, you compare the findings that this report and the findings that your expert consultant Coastal Engineer had done on Naples Beach, and you will see that there is twice -- more than twice the amount of buried rock in Vanderbilt Beach as there was in Naples Beach. And I know you're particularly interested in that because you've -- Chairman, because you've raised questions in the past over it, is this the only area? No, Naples isn't the only area. Currently your Mr. Huber, who seems to be the only person that's in charge of this project, has issued a memo to the former County Administrator Fernandez through the former public works administrator as of December 13 that everything's hunky-dory; the state and the Corps of Engineers will let us just drive by, pick up the rocks once a week, and forget it. Just this day I had an e-mail from the Corps of Engineers in Jacksonville. This is not the case. Their noncompliance letter means what it says. You do have rocks. They do agreed with our analysis of this report, and when are you going to go up there? Mr. Carter and I have discussed this, as did Mr. Johnston with Mr. Carter. And if you want, I can show you pictures of Mr. Johnston's. The question is, when are you going to do anything about the Vanderbilt Beach? CHAIRMAN CONSTANTINE: Mr. McNees, do we have anybody qualified to respond to that here this evening? MR. MCNEES: I think Mr. Finn is as close as we're going to Page 12 February 24, 2000 get. If he's -- if he's not, we can sure put an answer together for you, but I don't really don't want to put him on the spot, but he may be prepared -- MR. FINN: Thank you for that vote of confidence, Mike. MR. BOGGESS: We don't need an answer. Just want to bring it forth to you that we -- me and my cohorts and other people are concerned and fully aware of this and think that you should. We're fully aware that the investigation that you started December 16, 1997, is coming to a climax this following -- this next month, that is, the attorney Sigfried will be submitting his report; and hopefully he don't bury that somewhere like this got buried for six months, because there's going to be some explosive information in that report that you need to act on immediately. CHAIRMAN CONSTANTINE: Thank you. MR. BOGGESS: So that's all I have to say. Thank you. CHAIRMAN CONSTANTINE: Ed, here's your question for you: Do you have any idea when the report -- next report is scheduled to come back to the Board of County Commissioners? MR. FINN: That report is being done by the county attorney's office. I don't know if they're prepared to answer that. My understanding is, another four weeks before that's complete. CHAIRMAN CONSTANTINE: March 28, is that a target date, by any chance? MR. WEIGEL: I can't say that it's absolutely March 28, because as recently as within the last 10 days, there were two or three final -- final items from both T.L. James from Coastal and from the County that the attorney and our consultant, a hdryogeological engineer, needed to have so that they could put the final wrap on the report that they have. I can tell you that the report is ostensibly ready at this point. In conversation with counsel, I have a very good idea of where Page 13 February 24, 2000 it's going to lead us. I can't say for sure that it will be on the March 28 agenda, but we're looking to have it for you with not only Mr. Sigfried's report, but the county attorney's recommendation, if not at that time, very shortly thereafter. CHAIRMAN CONSTANTINE: Is it fair to assume a March or April time frame? MR. WEIGEL: No foolin'. CHAIRMAN CONSTANTINE: All right. Thank you. Mr. Pennington will be our final speaker. MR. PENNINGTON: After Bill, I'm easy. Thank you all for coming here tonight and sort of turning things around, and I for one appreciate the fact that you-all come out into the community on occasions to meet with the community. I must say I'm greatly embarrassed though that more of the community is not here to meet with you. Maybe there was a misunderstanding on the part of a lot of people. There certainly was on my part. I didn't know anything about a meeting until noting in the paper this morning that there was going to be a town hall meeting for District 4. I'm anticipating that Commissioner Mac'Kie was going to be here to have District 4 people here to discuss things locally with District 4. So I came in -- I'm amazed. I thought at first the rest of you were coming in to see how she was going to do it, so I really had no idea that this was what it was, so -- but thank you for meeting here. And this would be one of your shortest meetings, it appears. The thing that I was going to speak to you -- and I'm not sure that it's totally appropriate under these circumstances, but I'll follow along with a little saying such as Bill did, but mine's a bit different. During the course of this past summer, why, we moved from the south side of Doctors Pass to the north side of Doctors Pass, and there's a gross inadequacy of sand on the beach up there because the renourishment project never got down that far, so you -- along Gulf Shore Boulevard in the vicinity of the Page 14 February 24, 2000 Continental Club, for example, there's hardly any beach there. And so there was intent, starting in January, I understood, that there was going to be sand trucked in there to fill in that, that void. And then, as I understand, the quality of the sand was different than that that had been previously from the same quarry area, so that was stopped by action of DEP; I believe. I understood that was being resolved. I haven't seen anything else about this, so it is certainly a matter of concern for those of us that use that beach area, which there are quite a number of people, not just the local people, but at the beach access points there. And so we need some sand, and we won't mind even if we get a few of Bill's rocks in there too, just to get us some sand up there. Thank you. CHAIRMAN CONSTANTINE: Mental note: Move Bill's rocks to Ron's neighborhood. Mr. McNees. MR. MCNEES: For the benefit of Jean Merritt, since she's not here to see for herself obviously, I won't even attempt to recite the litany of channels that she attempted to broadcast this meeting through any number of sources and what it was and what it was about. And we try as hard as we can, but they don't let us go to people's houses and drag them to the meetings, so I think it's just fair -- because I know Jean worked very, very, very hard to make this -- COMMISSIONER CONSTANTINE: It's been interesting. This is actually the fifth in a series of five, one in each district, and we've got some -- couple of meetings have had huge turnouts, and a couple of meetings haven't had much at all, so -- UNIDENTIFIED SPEAKER: We like what you're doing. COMMISSIONER NORRIS: Well, that's what I was going to say, but I thought maybe I'd just better not at that point. It looks like District 4 is very-well satisfied with what's going on. MR. PENNINGTON: We're either, either satisfied or totally Page 15 February 24, 2000 ignorant. CHAIRMAN CONSTANTINE: Mr. McNees. MR. MCNEES: Just one more thing that I need to inform you-all of, just since we're here, it just came in the commissions-hate-surprises category, and having no other way to talk to you, we've had a couple of incidents involving the dispatch center that the sheriffs run where there has been some slow dispatching of the helicopters and perhaps judgment calls made incorrectly regarding which helicopter is going to be called in, Dade, Broward, Collier. There is a related issue that you're also aware of. We've had some staffing problems in the helicopter operations, and there's been a little bit of down time with the helicopter to deal with that. We're resolving that. A particularly enterprising and probably even more creative young reporter has made a -- has manufactured a connection between those two issues, and is apparently telling the story on the television that those are related, that there's a slow response because of the lack of pilots; and it's essentially a fabrication, but it has been on the News. I wanted you-all to understand what it was about, and I'd be happy to provide further information. But in the category of don't like you to see things on TV before you hear them from us, I thought this would be a good opportunity to kind of let you know what that's all about. COMMISSIONER MAC'KIE: Too late. CHAIRMAN CONSTANTINE: Thank you. Commissioner Berry, comments? COMMISSIONER BERRY: No. CHAIRMAN CONSTANTINE: Commissioner Norris? COMMISSIONER NORRIS: Just one more item, going back to the Goodlette Road extension, I saw a nasty letter from a -- an attorney that was purporting to represent the Calusa Bay interests, and I just wanted to verify one more time -- I did this in the meeting on Tuesday -- but just wanted to verify that, that the, the berm in question is in fact built on our road right-of-way? MR. KANT: To the best of my knowledge -- Edward Kant -- to Page 16 February 24, 2000 the best of my knowledge, Commissioner. COMMISSIONER NORRIS: Okay. So we have every right in the world to say, move your berm from our right-of-way? MR. KANT: If it comes to that, I can't give you a legal opinion on that; but technically, if we need to get in there, we have a 15-foot easement. COMMISSIONER NORRIS: Well, I think Mr. Weigel could probably give us an opinion on that. MR. WEIGEL: The road right-of-way does give certain we'll call it inherent rights in the County. There is a possibility that another party that has some kind of property interests may be in that road right-of-way, but only to the extent that it is not a problem with the full use of the road right-of-way as it develops, so -- The one thing that we would look at, to be quite candid, is, any other promises the County may have made, if it were involved in such a transaction, to cause the developer to be in the right-of-way in the first place, but as far as the property right of the right-of-way, I expect that it's a dominant -- a right that the County has there. CHAIRMAN CONSTANTINE: Commissioner Carter. COMMISSIONER CARTER: Two things. One is with the beaches in Naples. I seem to recall that we approved about a million-two to use the Parker Webb system, and my question would be, if we can't truck sand in there, why aren't we using that system to begin to build the beach? MR. PENNINGTON: May I speak to that? COMMISSIONER MAC'KIE: The speaker will answer that question. MR. PENNINGTON: If you want an answer. CHAIRMAN CONSTANTINE: Mr. Finn? MR. FINN: If I may, Edward Finn, director. The problem with the trucked-in sand is one that has only recently come up. We are diligently exploring alternatives to that. We're hoping to find another on-shore sand source, and we hope to have that solution wrapped up within three or four weeks. CHAIRMAN CONSTANTINE: Do you have another item, Page 17 February 24, 2000 Commissioner Mac'Kie? COMMISSIONER MAC'KIE: But the question I think was the Parker Webb. What's the status of that? MR. FINN: That is not currently something that's under consideration to solve this particular problem. COMMISSIONER CARTER: And is there a reason why we wouldn't? MR. FINN: Because our plan calls for trucking in sand, and our hope is, we can find that source. I think your professional staff finds that to be a more guaranteed approach to renourishing the beach. CHAIRMAN CONSTANTINE: Commissioner Mac'Kie, anything? COMMISSIONER MAC'KIE: No, just that I wish we had a better turnout, and we have been a little informal in these workshops in other districts, and I hope that if anybody got here and didn't fill out a slip but wants to get to say something or has something they want to say that you'll allow them to do that. CHAIRMAN CONSTANTINE: Absolutely. COMMISSIONER MAC'KIE: Just in case. You need four members or five members of the public. CHAIRMAN CONSTANTINE: Going, going, gone. Going once, going twice. Thank you all for coming. Have a wonderful night. Pleasure to see you all. Page 18 February 24, 2000 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 7:39 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO G~VERNING BOARD(S) OF SPECIAL/DISTRICT5~ UNDER ITS CONTROL TI M OTH~/rCON~STANTI N E, CHAIRMAN Attest as to Chairman's si~t.~re onl$. ATTEST: DWIGHT E. BROCK, CLERK :- ,,'~ 'TheSe;minutes approved by the Board on .PreSented ~ ~" or as corrected ., as TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY SANDRA B. BROWN Page 19