BCC Minutes 06/13/2000 RJune 13, 2000
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, June 13, 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 9:00 a.m.
in REGULAR SESSION in Building "F" of the Government
Complex, East Naples, Florida, with the following members
present:
CHAIRMAN:
Timothy J. Constantine
Barbara B. Berry
James D. Carter
Pamela S. Mac'Kie
ABSENT:
ALSO PRESENT:
Commissioner Norris (Suspended by Governor)
Tom Olliff, County Manager
David Weigel, County Attorney
Page I
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Tuesday, June 13, 2000
9:00 a.m.
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER
PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER
PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL,
BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED
TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE
CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS
AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY
MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE
HEARD UNDER "PUBLIC PETITIONS".
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.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN
ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO
YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE
COLLIERCOUNTY FACILITIES MANAGEMENTDEPARTMENT LOCATED AT 3301 EAST
TAMIAMITRAIL, NAPLES, FLORIDA, 34112,(941) 774-8380; ASSISTED LISTENING
DEVICESFOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY
COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
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June 13,2000
INVOCATION - Reverend Mary Anne Dorner, Church of the Resurrection
PLEDGE OF ALLEGIANCE
APPROVAL OF AGENDAS
APPROVAL OF CONSENT AGENDA.
APPROVAL OF SUMMARY AGENDA.
APPROVAL OF REGULAR AGENDA.
APPROVAL OF MINUTES
May 9, 2000 - Regular Meeting
May 23, 2000 - Regular Meeting
PROCLAMATIONS AND SERVICE AWARDS
A. PROCLAMATIONS
1)
Proclamation proclaiming June 19-23, 2000 as Code Enforcement
Investigators Appreciation Week. To be accepted by Ms. Michelle Arnold,
Director, Code Enforcement, Collier County, FL.
2)
Proclamation acknowledging the United States Army's 225th birthday. To
be accepted by SFC Aaron P. Morris, United States Army Recruiting
Station Commander, Naples, FL.
3)
Proclamation proclaiming June 13, 2000 as Naples Lady Shockers (12
and under) Basketball Day. To be accepted by Head Coach Gus Navarro
and Assistant Coach Mike Narretta.
B. SERVICE AWARDS
1)
2)
3)
4)
5)
6)
7)
Jose Sanchez, Transportation - 5 Years
Susan Santiago, Parks & Recreation - 5 Years
Vincent Cautero, Community Development - 5 Years
Daniel Rodriguez, Facilities Management - 10 Years
Robert Decamp, Parks & Recreation - 10 Years
Leroy Payne, Road & Bridge - 15 Years
Luz Pietri, Library - 25 Years
C. PRESENTATIONS
1) This item has been deleted.
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June 13,2000
2)
Presentation of the Family Friendly Business Designation from the Naples
Alliance for Children to be Presented by Myra Shapiro, President, Naples
Alliance for Children.
APPROVAL OF CLERK'S REPORT
A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES.
PUBLIC PETITIONS
A. Ken Abernathy regarding the Naples Botanical Garden project.
Don Pickworth regarding a joint application for permits for construction of public
and private beach access facilities.
COUNTY MANAGER'S REPORT
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1)
Request by Anne Colpaert, representing Marco Island Jaycees, for a
waiver of right-of-way permit fees for a special event.
2)
Provide a status report on the Madison Estates Preserves exotics code
case.
3)
Discussion by the Board of County Commissioners on the overall Tourist
Development tax, programs, and budgets.
4)
THIS ITEM TO BE HEARD AT 11:00 A.M. Presentation by officials of the
Tourism Alliance of Collier County regarding current activities, marketing
plan, and application process.
5)
THIS ITEM WAS CONTINUED FROM THE MAY 23, 2000 MEETING.
Accept the 2000 Tourism Agreement between Collier County and the
Tourism Alliance of Collier County regarding advertising/promotion and
special events.
6)
THIS ITEM WAS CONTINUED FROM THE MAY 23, 2000 MEETING.
Approve Tourist Development Council funding for the Collier County
Historical Society, Inc. regarding paying off a portion of the Wilkinson
House over a three-year duration.
7)
THIS ITEM WAS CONTINUED FROM THE MAY 23, 2000 MEETING.
Approve Tourist Development Council funding for the Marco Island
Historical Society, Inc.
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June 13, 2000
8)
THIS ITEM WAS CONTINUED FROM THE MAY 23~ 2000 MEETING.
Approve Tourist Development Council funding for the Collier County
Museums and extending debt service payments for the purchase of
Robert's Ranch to ten years.
9)
THIS ITEM WAS CONTINUED FROM THE MAY 23, 2000 MEETING.
Third Amendment to the FY2000 Tourism Agreement approved in 1999
between Collier County and the Tourism Alliance of Collier County
regarding advertising and promotion of the Marco Island Film Festival.
10) Approve Tourist Development Category "A" funding applications.
B. TRANSPORTATION SERVICES
C. PUBLIC UTILITIES
1)
Approve payments to Waste Management, Inc. for operating cost
increases at the Naples Landfill.
D. PUBLIC SERVICES
E. SUPPORT SERVICES
F. EMERGENCY SERVICES
G. COUNTY MANAGER
1) Presentation of organizational overview report.
2)
Recommendation that the Board of County Commissioners request the
Clerk of Courts internal audit section conduct an audit of impact fee
collection procedures.
H. AIRPORT AUTHORITY
1)
Authorize the transfer of $500,000 from previously budgeted Airport
Authority projects to the manufacturing i'ncubator Phase II project and the
use of commercial paper to fund said previously budgeted projects by
approving a resolution authorizing the borrowing of $500,000 from the
pooled commercial paper loan program.
COUNTY ATTORNEY'S REPORT
BOARD OF COUNTY COMMISSIONERS
4
June 13, 2000
11.
12.
A. Appointment of member to the Collier County Water & Wastewater Authority.
B. Appointment of member to the Emergency Medical Services Advisory Council.
C. Appointment of members to the Contractors Licensing Board.
D. Discussion regarding Home Depot impact on Glades Boulevard traffic.
OTHER ITEMS
A. OTHER CONSTITUTIONAL OFFICERS
B. COMMUNITY REDEVELOPMENT AGENCY
C. PUBLIC COMMENT ON GENERAL TOPICS
PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS
ADVERTISED PUBLIC HEARINGS - BCC
A. COMPREHENSIVE PLAN AMENDMENTS
B. ZONING AMENDMENTS
C. OTHER
1)
Recommendation that the Board of County Commissioners adopt a
resolution adopting the Community Redevelopment Plan and an
ordinance establishing the Redevelopment Trust Fund.
2)
THIS ITEM HAS BEEN WITHDRAWN. A resolution establishing rental
registration fees as provided for in Section Six of Ordinance 89-06, as
amended, the Collier County Minimum Housing Code Ordinance.
3)
An Ordinance amending Section Six of Ordinance No. 90-17, as
amended, the Collier County Noise Ordinance; by amending Table I, A-
Weighted Noise Levels; adding Table II Octave Band Maximum Allowable
Sound Pressure Noise Level Limits, To B Tested by Octave Band
Analysis; adding Vibration Standards Applicable to Residential and Tourist
Residential Sites and Units; also amending Subsection D related to Multi-
Family Dwelling Units; amending Subsection Six (F) regarding Regulated
Music and Amplified Noise from Non-Enclosed Areas; deleting Section
Seven that related to Amplified Sound from Enclosed Areas; deleting the
grandfathering exception of Subsection N of original Section Seven, as
amended and previously renumbered as Section Eight; amending
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June 13, 2000
13.
14.
15,
Subsection Three of Section Nine related to Community Event Permits
for Entertainment Events; providing for conflict and severability; providing
for inclusion into the Code of Laws and Ordinances; providing for a
delayed effective date of July 31,2000.
BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
1)
THIS ITEM WAS CONTINUED FROM THE MAY 23, 2000 MEETING
AND IS FURTHER CONTINUED INDEFINITELY. Petition A-99-04,
Richard D. Yovanovich of Goodlette, Coleman and Johnson, PA.,
representing Kensington Park Master Association and the Yorktown
Neighborhood Association, requesting an appeal of the determination of
the Collier County Planning Commission on November 21, 1999 that the
changes to the Carillon PUD Master Plan by adding new commercial
building footprints were insubstantial.
B. OTHER
STAFF'S COMMUNICATIONS
BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS
16. CONSENT AGENDA- All matters listed under this item are considered to be routine
and action will be taken by one motion without separate discussion of each item. If
discussion is desired by a member of the Board, that item(s) will be removed from the
Consent Agenda and considered separately.
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1)
Adopt the interlocal agreement providing affordable housing programs to
the City of Marco Island.
2)
Recommendation that the BCC waive the fourth Friday in April
requirement for submission of Public Petitions for Comprehensive Plan
Amendments due to special circumstances.
3)
Final acceptance of water and sewer utility facilities for Enclave
Professional Center AIK/A Park Central, Phase I.
4) Request to approve for recording the final plat of "Lemae Industrial Lots".
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June 13, 2000
5)
Request to approve for recording the final plat of "Berkshire Commons
Parcel C.
6)
Request to approve for recording the final plat of Indigo Lakes Unit One
and approval of the Performance Security.
7)
Request to approve the Standard Form Security and Construction and
Maintenance Agreement for sanitary sewer improvements in Tollgate
Commercial Center.
TRANSPORTATION SERVICES
1)
Approve staff ranking of firms for contract negotiations for design and
permitting of Immokalee Road from U.S. 41 to 1-75, CIE #6, Proj. No.
66042.
2)
Approve Work Order #WMBP-FT-00-11 with Wilson Miller for stormwater
management design for the proposed widening of Vanderbilt Beach Road
from Airport Road to CR-951 (Collier Boulevard), Project No. 63051, CIE
#63.
3)
Approve staff ranking of firms for contract negotiations for design and
permitting of Santa Barbara/Logan Boulevard from Radio Road to Pine
Ridge Road, CIE #56, Project No. 62081.
4)
Approve the installation of four-way stop control at the intersection of
North 9th Street and Roberts Avenue, Immokalee, Florida.
5) This item has been deleted.
6)
Approve a Budget Amendment to purchase items necessary for
Consolidated Traffic Operations area in relocated Transportation Division
Office.
7)
Approve Budget Amendments recognizing carry forward amounts from
FY99 for road projects in Funds 313,331,333,334, 336, 338,339 and
340.
8)
Approve an agreement for sale and purchase of a parcel to provide for
expansion of areas where future Stormwater projects are proposed.
9)
Approve a two-party agreement and accept an easement and temporaw
construction easement from the Halstatt Partnership.
lo)
Award Work Order No. WD-129 with Mitchell and Stark Construction Co.,
Inc. for the installation of Kirkwood Avenue Extension drainage
7
June 13, 2000
improvements (Project No. 31803).
PUBLIC UTILITIES
1) Approve an Agreement with Keep Collier Beautiful and authorize the
Chairman to sign the Agreement.
2) This item has been deleted.
3) Approve Amendment No. 7 to the Professional Services Agreement with
Humiston & Moore Engineers for work associated with the Big Marco and
Capri Pass Inlet Management Plan.
4) Approve Amendment No. 3 to the Professional Services Agreement with
Humiston & Moore Engineers for the Marco Island Segmented
Breakwater Project.
5) Approve Developer Contribution and Participation Agreement between the
County and WCI Communities, Inc. for odor control improvement at the
North County Water Reclamation Facility.
6) Award Bid No. 00-3085 for the purchase of four trackhoes.
Award Annual Bid #00-3058 for underground utility supplies.
8) Approve funding for the Naples Landfill Fan System, Project 59010.
9) Approve standardization and purchase of four replacement booster
pumps.
10) Approve Change Order No. 1 to Contract No. 99-2980, Wiggins Pass
Maintenance Dredging.
11) Award of RFP 00-3040 for the financial audits of the Solid Waste
Collection Franchisees.
12) Approve the emergency purchase of parts and service from Ashbrook
Corporation for South Regional Water Treatment Facility Sludge Press.
13) Approval of an Agreement to extend the Multi-family Recycling Contract
and combine it with the existing Mandatory Trash and Collection Contract
for District One, Franchisee, Waste Management Inc. of Florida.
14) Obtain Board of Commissioners authorization to advertise a proposed
Collier County Irrigation Ordinance for adoption.
8
June 13, 2000
Recommendation that the Board of County Commissioners award Bid
#00-3050 for Pelican Bay Cattail Removal to Aquatic 'Plants of Florida,
Inc. and approve the necessary budget amendment.
16)
Authorize Wastewater Director to accept Florida Department of
Environmental Protection settlement offer.
PUBLIC SERVICES
1)
Authorization to approve an extension of an agreement with the
Southeastern Library Network (SOLINET) and permission for Chairman to
sign agreement,
2)
Signature of BCC Chairman on 'Addition to Agreements' permitting
Library use of additional data research software.
3) Authorize staff to reschedule the June 15th teen concert to September.
4)
Award of Bid 00-3009 for the resurfacing and repair to the basketball
courts at Golden Gate Community Park, Veterans Park, Vineyards
Community Park and Immokalee Community Park.
5)
Approve Work Order #ABB-FT-00-08 to Agnoli, Barber & Brundage, Inc.
for professional engineering services.
6)
Approval of an agreement with the Collier County School Board for
construction of a joint parking lot at Vineyards Elementary School.
SUPPORT SERVICES
1)
Recommendation for the Board of County Commissioners to Waive the
Purchasing Policy and Allow Departments to Purchase Building
Materials/Lu mber.
2)
Approval of a Budget Amendment to Fund 516, Property & Casualty
Insurance.
3)
Approve Budget Amendments for Security-Related Items for Collier
County Courthouse and Government Complex and ADA Improvements.
4)
Approval of a Resolution and Lease Agreement between Collier County
and Collier Mosquito Control District for Communications Tower Space.
5) This Item has been Deleted.
9
June 13,2000
6) This Item has been Deleted.
7)
Approval of a Budget Amendment to Fund 518, Workers Compensation
Insurance.
EMERGENCY SERVICES
1) This item has been deleted.
2)
Approve a Budget Amendment to purchase a 1995 Chevrolet Suburban
and improvements.
COUNTY MANAGER
1)
Approval of Budget Amendments adjusting the FY 00 Budget to reflect
what was approved by the Board of County Commissioners on September
22, 1999.
2)
Approval of Budget Amendment Report - Budget Amendment #00-254;
#00-256; #00-259; #00-283; #00-294; #00-297.
3)
Recommendation that the Board of County Commissioners appoint
Martha Skinner, Collier County Social Services Director, to serve on the
new Collier County Community Alliance Board advising the Florida
Department of Children and Families.
AIRPORT AUTHORITY
1)
Recognize and appropriate additional fuel revenue of $105,100 in the
Marco Island Executive Airport budget.
2)
Recognize and appropriate additional revenue in the Immokalee Regional
Airport budget.
BOARD OF COUNTY COMMISSIONERS
l)
Commissioner request for approval for payment to attend function serving
a valid public purpose,
MISCELLANEOUS CORRESPONDENCE
1)
Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign
Satisfaction of Lien for Services of the Public Defender for Case Nos.:
08533MMA, 99-00818MMA, 99-04728MMA, 99-07728MMA, 99-
0196eMMA, 99-0244eMMA, 99-05655MMA, 98-07011MMA, 99-
99-
lO
June 13, 2000
2)
06123MMA
03523MMA
08847MMA
06978MMA
03911MMA
09761MMA
99-02156MMA
98-07800MMA
99-04993MMA
99-03420MMA
99-05368MMA
93-01347CFA
99-04447MMA, 99-05973MMA, 99-
99-0732MMA, 99-06137MMA, 99-
99-05646MMA, 99-05204MMA, 99-
99-06866MMA, 99-03754MMA, 99-
99-08742MMA, 000-0765MMA, 99-
94-01493CFA
MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS
17.
DIRECTED:
K. OTHER CONSTITUTIONAL OFFICERS
1)
Clerk of the Courts to present to the Board the State Revenue Sharing
Application for Fiscal Year 2000-2001, and to obtain approval for the
Chairman to sign the application.
2)
Recommend that the Board of County Commissioners Update a
document for fourth year State Criminal Alien Assistance Program
(SCAAP) Grant Funds.
L. COUNTY ATTORNEY
1)
Recommendation that the Board of County Commissioners approve the
Stipulated Order for attorney's fees and costs pertaining to the easement
acquisition of Parcels 105A and 105B in Collier County v. Marianne
Bendott, et al., Case No. 92-2045-CA.
2)
Stipulation for dismissal and release in the case of Dwight E. Brock, Clerk
of the Circuit Court of Collier County, Florida v. Robinson 7 Cole, L.L.P.
and Collier County, Florida Case No. 99-2910-CA.
SUMMARY AGENDA- THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS
AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR
APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL
BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING
AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR
ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY
PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD,
PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS
ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED
TO SPEAK IN OPPOSITION TO THE ITEM.
Petition PUD-99-06(1) Anita L. Jenkins,, AICP, of Wilson Miller, Inc. and Donald
W. Arnold, AICP, of Q. Grady Minor and Associates, representing G. L. Homes
of Naples Associates, Ltd., requesting a rezone from "CF" Community Facilities,
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June 13, 2000
18.
"A" Rural Agricultural, and "PUD" Planned Unit Development to "PUD" Planned
Unit Development known as Rigas PUD having the effect of increasing total
acreage from 232+/- acres to 241+/- acres, increasing maximum residential units
from 725 to 755, adding new language to address mitigation measures, and
amending the legal description, for property located on the south side of
Immokalee Road (C.R. 846), approximately 1 mile east of 1-75 and one mile west
of C. R. 951, in Section 28, Township 48 South, Range 26 East, Collier County,
Florida, consisting of 241+/- acres.
SJ
Petition PUD-2000-01 Karen Bishop of PMS, Inc. representing Kenneth W.
Richman, Trustee, requesting a rezone from its current zoning classification of
"A" Rural Agricultural to "PUD" Planned Unit Development to be known as
Northside Medical Plaza PUD. The subject property is an undeveloped 3.79
acre parcel located on Veteran Park Drive, approximately 650 feet south of
Immokalee Road in Section 26, Township 48 South, Range 25 East, Collier
County, Florida.
Petition CU-2000-04, Dr. Scott Gregory requesting a conditional use for a
veterinary clinic in the "A" Rural Agriculture Zoning District for a property located
on the east side of Collier Boulevard (C.R. 951) approximately one half mile
north of Vanderbilt Beach Road in Section 35, Township 48 South, Range 26
East Collier County, Florida. This site consists of 4.84 acres.
Petition VAC-00-004 to vacate the north 4.3 feet of the platted 15 foot wide utility
and drainage easement on Lot 66, "The Lodgings of Wyndemere Section One",
as recorded in Plat Book 13, Pages 8 through 12, Public Records of Collier
County. Located in Section 19, Township 49 South, Range 26 East.
Petition VAC-99-021 to vacate a portion of the platted 15' wide drainage
easement on Lot 13, "Tierra Lago", as recorded in Plat Book 24, Pages 20
through 21, Public Records of Collier County, located in Section 5, Township 49
South, Range 26 East.
Fo
An Ordinance amending Ordinance 2000-15 to correct a scrivener's error in
Section 2.6 - project density of the Golden Gate Commerce Park PUD that is
located on the west side of Collier Boulevard (C.R. 951) in Section 34, Township
49 South, Range 26 East, Collier County, Florida.
Go
A resolution amending the legal description of Resolution 2000-28 for a property
known as Saint Vincent DePaul Thrift Store to correct a scrivener's error in the
legal description.
ADJOURN
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June 13, 2000
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO
THE COUNTY MANAGER'S OFFICE AT 774-8383.
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June 13, 2000
June 13, 2000
Item #3A, 3B AND 3C
CONSENT, SUMMARY AND REGULAR AGENDA - APPROVED
AND/OR ADOPTED WITH CHANGES
CHAIRMAN CONSTANTINE: Good morning, and welcome to
the Tuesday, June 13th, 2000 meeting of the Board of County
Commissioners.
If you would stand and join us for the invocation, we have
the Reverend Mary Anne Dorner from the Church of Resurrection
with us. And if you would stay standing, we'll have the pledge to
the flag.
Reverend?
REVEREND DORNER: Dear God, we give you thanks for this
new day and the time that we will spend together this morning.
We are truly grateful that we live in a nation where we can
gather together in peaceful assembly to share our concerns and
to work together for the common good, not only of our local
projects and communities, but for the benefit of all of us who live
and visit Collier County.
We ask your blessing on those who will receive special
recognitions and service awards this day, and for all of those
who will present their needs and petitions before our County
Commissioners. May our commissioners make wise decisions
and right judgments as they exercise the authority we have given
to them to act on our behalf.
We especially pray for the Board of County Commissioners
as they go through this time of transition. Be with those who
have left or will soon be leaving office, and guide us in our
upcoming appointments and elections.
Dear God, we are very mindful of the beauty of your
creation, especially our environment here in Southwest Florida,
and those who have helped protect and improve it.
We give thanks for our member of our Environmental
Advisory Council, John P. DiNunzio, who passed away on May
22nd, and we will now observe a moment of silence in memory of
him.
Page 2
June 13,2000
(Silence.)
REVEREND DORNER: Thank you, God, for all those who
have gone before us that have made our world a better place.
Help us to follow in their example, to protect, preserve and
enrich our land. Help us also to embrace the diversity of people
who come to Collier County and call it home, whether for a day, a
season or a lifetime. Amen.
(Pledge of allegiance was said in unison.)
CHAIRMAN CONSTANTINE: Good morning, Mr. Oilill. I
understand we have a number of changes to the agenda.
MR. OLLIFF: Good morning, Mr. Chairman. Just a few.
First item on your change list is an addition. It's Item 10(E),
which is an appointment of a commissioner for the Southwest
Regional Planning Council.
The next item is a withdrawal. It's Item 8(A)(2), which was
the status report on the Madison Estates Preserve Exotics Code
case. I think we can simply provide that to you directly by way
of memo. Does not require any board action.
The next item is a withdrawal. We are asking that you
withdraw Item 16(B)(2), which is a work order with Wilson, Miller,
Barton and Peek for Vanderbilt Beach Road widening. There was
frankly just a mixup in terms of the backup for that particular
item.
CHAIRMAN CONSTANTINE: When that comes back, would
you be so kind as to place that on the regular agenda? And also, did we skip withdrawing Item 16(C)(9)?
MR. OLLIFF: No, we didn't. I was actually trying to work
through in order of the items in your index for a change, instead
of the change list.
CHAIRMAN CONSTANTINE: Thank you.
That's why you saw four baffled faces.
MR. OLLIFF: Okay. The next item is an addition. It's Item
16(B)(11). And actually this is -- would have been a
reconstitution of that same item that we withdrew earlier. We've
cleaned up the backup and we're adding it back on. So if you'd
like to have that on the regular agenda --
CHAIRMAN CONSTANTINE: I would.
Page 3
June 13,2000
MR. OLLIFF: -- we would put that under public works,
transportation.
CHAIRMAN CONSTANTINE: 8(B}(1)?
MR. OLLIFF: 8(B)(1).
So we would be adding Item 8(B)(1}. Again, that's a work
order with Wilson-Miller for Vanderbilt Beach Road widening,
stormwater management design.
Next item is also an addition, 16(B}(12), which is a budget
amendment also for the Vanderbilt Beach Road project from
Airport to 951.
COMMISSIONER BERRY: What would that -- okay.
MR. OLLIFF: Becomes 16(B)(12).
Next item is a withdrawal. It's Item 16(C)(9), withdrawing
the standardization of purchase of some replacement booster
pumps. That's at staffs request.
The last item on your change list is a movement. It's moving
Item 16(A)(2) from the consent agenda to Item 8(A)(11). And that
was a recommendation that the board waive the fourth Friday in
April requirement for a submission of public petitions for the
comprehensive plan amendments. And that was at
Commissioner Constantine's request.
And the last thing, Mr. Chairman, I would make a note that
the tourist development funding item, 8(A)(4), has been
requested to be heard at 11:00 a.m. I think that is to
accommodate some of the Alliance board members who are at a
meeting in Marco Island.
CHAIRMAN CONSTANTINE: The announcement we made at
the prior meeting when all those tourism items were continued
was so that those folks would not have to sit for hours at a time
again, that we do them at a time certain.
So unless there's any objection from the board, we'll do all
the TDC items in the order they appear on the agenda at 11'-00.
MR. OLLIFF: And then the last item is just a request from
my staff prior to Item 8(G)(1). If I could ask the board to take
just about a two or three-minute break in order to set up some
equipment, I'd appreciate that.
That's all the changes I have.
Page 4
June t3, 2000
CHAIRMAN CONSTANTINE: Mr. Weigel, any changes?
MR. WEIGEL: No, none, thank you.
CHAIRMAN CONSTANTINE: Commissioner Berry?
COMMISSIONER BERRY: I have none, thank you.
CHAIRMAN CONSTANTINE: Commissioner Carter?
COMMISSIONER CARTER: I have none.
I have a question, whenever you want to deal with it, Mr.
Chairman. And that is, since we are four commissioners, what
constitutes a super majority? Three out of four, or do we have to
go four out of four?
MR. WEIGEL: The answer is four out of four.
COMMISSIONER CARTER: Thank you, sir. I have no --
CHAIRMAN CONSTANTINE: Commissioner Mac'Kie, any
changes?
COMMISSIONER MAC'KIE: Just an abstention on a consent
agenda Item 16(A)(6). It's a plat for a client. CHAIRMAN CONSTANTINE: So noted.
I have two changes. t6(C)(8) will become 8(C)(8) -- I'm
sorry, 8(C)(2).
MR. OLLIFF: (2).
CHAIRMAN CONSTANTINE: And 16(C)(13) will become
8(c)(3).
If there are no other changes, we will entertain a motion for
the consent agenda, summary agenda and regular agenda.
COMMISSIONER BERRY: So moved.
COMMISSIONER MAC'KIE: Second.
CHAIRMAN CONSTANTINE:
objection?
(No response.}
CHAIRMAN CONSTANTINE:
Motion and a second. Any
Seeing none, motion carries 4-0.
Page 5
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
JUNE 13, 2000
ADDs; L ITEM 10~E) - APPOINTMENT OF COMM1SSION~ER TO TI~
SOUTHWEST REGIONAL PLANNING COUNCIL. (BCC OFFICE REQUEST).
wrmnRAw:, l,m~v~ s~A~_~- PaDvinE A STATUS R~PORT ON THE
MADISON ESTATES PRESERVES EXOTICS CODE CASE. (STAFF'S
REQUEST).
WITHDRAW: ,
PURCHASE OF
REQUEST).
ITEM 16lC)(9) - APPROV~ STANDARDIZATION AND
FOUR REPLACEMENT BOOSTER PUMPS. (STAFF'S
~W~THDRAW; ITEM 16fB)(2_~- APPROVE WORK ORDER #WMBP-rr.,00=11
WITH WILSON BfiLLER FOR STORMWA~R MANAGEMENT DESIGN FOR
THE PROPOSED WIDENING OF VANDERBILT BEACH ROAD FROM
AIRPORT ROAD TO CR 9';1 (COLLIER BLVD.), PROJECT NO. 65051, CIE #63.
(STAFF'S REQUEST).
&no; rrEM ..16~mcttx - ApPgovz WORK O~ER ~r-~-~lt
WILSON MILLER FOR ~O~ATER ~AGE~NT DESIGN FOR T~
PROPOSED ~ENING OF V~E~ILT B~ACH RO~ FROM ~ORT
ROAD TO CR 951 (COLLIER BLVD.), PRO~ NO. 63051, CIE
~QuES~.
ADD: ITEM 16CB~(11~- APPROVE A BUDGET AMENDMENT TO FUND
WORK ORDERS FOR A NOISE STUDY END LANDSCAPE ARCHITECTURAL
SERVICES FOR THE PROPOSED WIDENING OF VANDERBILT BEACH
ROAD FROM AIRPORT ROAD TO CR 951 (COLLIER BLVD.), PROJECT NO.
63051, CIE #63. (STAFF'S REQU~.
MOVE; _ ITEM !6 {A), 2 TO ITEM 8 {A] 11- RECOMMENDATION THAT
THE BCC WAIVE THE FOURTH FRIDAY IN APRIL REQUIREMENT FOR
SUBMISSION OF PUBLIC PETITIONS FOR COMPI~IHENSIVE PLAN
AMENDMENTS DIIE TO SPECIAL CIRCUMSTANCES. (COMMISSIONER
CONSTANTINE REQUEST).
June 13, 2000
Item #4A
MINUTES OF MAY 9, 2000 REGULAR MEETING AND MAY 23, 2000
REGULAR MEETING - APPROVED AS PRESENTED
Approval of minutes for the May 9, 2000 regular meeting and
the May 23rd, 2000 regular meeting.
COMMISSIONER BERRY: So moved.
COMMISSIONER CARTER: Second.
CHAIRMAN CONSTANTINE: Motion, second. Objection?
(No response.)
CHAIRMAN CONSTANTINE: Seeing none, motion carries 4-0.
Item#5A1
PROCLAMATION PROCLAIMING JUNE 19-23, 2000 AS CODE
ENFORCEMENT INVESTIGATORS APPRECIATION WEEK -
ADOPTED
Proclamations and service awards. Commissioner Mac'Kie
has a proclamation proclaiming June 13 through -- I'm sorry,
June 19 through 23rd, 2000 as Code Enforcement Investigators
Appreciation Week. Overdue.
COMMISSIONER MAC'KIE: Thank you. I'd like to ask our
Code Enforcement Director, Michelle Arnold, to come forward
and receive this proclamation on behalf of all the code
enforcement officers.
WHEREAS, Code Enforcement investigators provide for the
safety, health and welfare of the citizens of this community,
through the enforcement of building, zoning, housing, fire safety,
environmental and other codes and ordinances; and
WHEREAS, Code Enforcement investigators are often not
credited for the jobs that they do in saving lives and improving
neighborhoods as our emergency personnel, such as police, fire
and Emergency Medical Services; and
WHEREAS, every day, assisted by support and program staff,
they attempt to provide quality customer service to the public for
Page 6
June 13,2000
the betterment of the community; and
WHEREAS, too many times their efforts go unnoticed, even
after code compliance has been accomplished due to their
efforts and expertise; and
WHEREAS, Code Enforcement investigators are dedicated,
well trained and highly responsible individuals who take their
jobs seriously and are proud of their department and the local
government within which they serve; and
WHEREAS, the Florida Association of Code Enforcement has
declared the fourth week of June to be set aside by local
government to honor and recognize their code enforcement
officers.
NOW THEREFORE, be it proclaimed by the Board of County
Commissioners of Collier County, Florida that June 19th through
23, 2000, be designated as Code Enforcement Investigators
Appreciation Week in Collier County, Florida, in accordance with
the state-wide observance of the same, and encourage citizens
of Collier County to join the Board of County Commissioners in
expressing appreciation for the dedication and outstanding
service provided by the individuals who serve as our Code
Enforcement investigators.
DONE AND ORDERED THIS 13th day of June, 2000, Board of
County Commissioners, Timothy J. Constantine, Chairman.
I'd like to move acceptance of this proclamation.
COMMISSIONER CARTER: Second.
CHAIRMAN CONSTANTINE: Motion and a second. Any
objections?
(No response.)
CHAIRMAN CONSTANTINE: Seeing none, motion carries 4-0,
unanimous vote. (Applause.)
MS. ARNOLD: Thank you, Commissioners. If I may have my
staff come up --
CHAIRMAN CONSTANTINE: Please.
MS. ARNOLD: -- here and just let everyone see them. If you
guys will walk up.
COMMISSIONER MAC'KIE: Come on up, guys, so we can tell
Page 7
June 13, 2000
you we appreciate you.
MS. ARNOLD: Yeah, so that you guys can all stand up in the
front.
CHAIRMAN CONSTANTINE: Your husband got up. I thought
he was just part of your staff.
MS. ARNOLD: He was embarrassed. He left.
If I may say a few words while they're walking up. And if
you all will just stand in front, as I had to.
I just would like to say that no, I don't have a formal
presentation prepared or anything, but I would like to note for
the community and for the board that I believe that our beautiful
community is reflective of the hard work and dedication of the
people that are before you today. They're to be credited for
maintaining the high aesthetic quality you see every day that you
drive around in this county.
It is because of their efforts to enforce the high standards
that the board has set forth for Collier County that this
community has not experienced a degeneration of other
communities in Florida that have experienced the tremendous
growth that we have here.
The investigators that are before you are more than just
investigators. They're mediators, they're therapists, they're
counselors, they're problem solvers, and largely, they're
educators. You should be assured that they're representing
Collier County fairly and professionally.
I would like to publicly state my pride in the work that these
people do on a day-to-day basis, and thank the commissioners for
recognizing their efforts. Thank you. (Applause.}
COMMISSIONER MAC'KIE: Thanks, guys. Appreciate you.
ITEM #5A2
PROCLAMATION ACKNOWLEDGING THE UNITED STATES
ARMY'S 225TH BIRTHDAY - ADOPTED
CHAIRMAN CONSTANTINE: Commissioner Carter has a
Page 8
June t3, 2000
proclamation this morning. I understand we're celebrating a
birthday.
COMMISSIONER CARTER: Yes, sir. The United States
Army's 225th birthday. And joining us this morning is SFC Aaron
P. Morris, United States Army recruiting station commander,
Naples.
Good morning. And if you will face the cameras, it will be
my pleasure to read this proclamation.
WHEREAS, the United States Army has proudly defended the
nation's interest for 225 years; and
WHEREAS, citizens of Florida have fought bravely in all the
nation's wars, from the Revolutionary War to the Persian Gulf
War, and continue to make the state proud by serving in
peacekeeping missions around the world; and
WHEREAS, the regular Army, the United States Army
Reserve and the Florida National Guard have all provided many
citizens of Florida with vocational and educational opportunities,
as well as valuable life lessons in courage, discipline and
teamwork; and
WHEREAS, today's Army still offers citizens of Florida from
all walks of life an opportunity to serve their state and nation
proudly, while bettering themselves and their families; and
WHEREAS, June 14th, 2000 marks the 225th anniversary of
the United States Army.
NOW THEREFORE, be it proclaimed by the Board of County
Commissioners of Collier County, Florida that on behalf of the
citizens of Collier County, we take great pride in acknowledging
the service and sacrifice of our soldiers, past and present, who
have served our country in peace, as well as in war, and take
great pleasure in this opportunity to wish the United States Army
a very happy birthday.
DONE AND ORDERED THIS 13th day of June, 2000, Board of
County Commissioners, Collier County, Florida, Timothy J.
Constantine, Chairman.
I so move with pride and proudly that we accept this
proclamation.
COMMISSIONER MAC'KIE: Second.
Page 9
June t3,2000
CHAIRMAN CONSTANTINE:
objection?
(No response.)
CHAIRMAN CONSTANTINE:
(Applause.)
Motion and a second. Any
Motion carries.
MR. MORRIS: I would just like to say on behalf of the United
States Army, we here in the United States Army greatly
appreciate what you've done today.
Also, I'd like to make an announcement. Tomorrow at the
Coastland Center Mall in the food court, we're holding a
cake-cutting ceremony, and of course all are invited.
Do we have any veterans out there, any Army veterans?
Could I get you to stand, please. (Applause.)
MR. MORRIS: Please stand. Please stand. Your country
thanks you.
CHAIRMAN CONSTANTINE: Hey, Tom, can we deliver that?
ITEM #5A3
PROCLAMATION PROCLAIMING JUNE 13, 2000 AS NAPLES LADY
SHOCKERS (12 AND UNDER) BASKETBALL DAY - ADOPTED
And Commissioner Berry, fresh off some inspiration from the
WNBA. I understand we have a special proclamation today.
COMMISSIONER BERRY: That we do. If I could have -- I'm
going to read the girls' names so you get to see who they are and
know who they are individually.
Nicole Blake.
(Applause.)
COMMISSIONER BERRY:
(Applause.)
COMMISSIONER BERRY:
(Applause.)
COMMISSIONER BERRY:
(Applause.)
COMMISSIONER BERRY:
Renee David.
Allison Narretta.
Elizabeth Navarro.
Jamie Navarro.
Page 10
June 13,2000
(Applause.)
COMMISSIONER BERRY:
(Applause.)
COMMISSIONER BERRY:
(Applause.)
COMMISSIONER BERRY:
(Applause.)
COMMISSIONER BERRY:
(Applause.)
COMMISSIONER BERRY:
(Applause.)
COMMISSIONER BERRY:
Jenny Payne.
Julie Sell.
Shalana Stice.
Jaclyn Taricska.
And Kasey Will.
The proclamation reads as follows:
WHEREAS, the Naples Lady Shockers Basketball Club has
been in existence eight months; and
WHEREAS, it currently serves the entire county, from
elementary school through middle school; and
WHEREAS, the 12-year-old and under team consists of 10
players: Nicole Blake, Renee David, Allison Narretta, Elizabeth
Navarro, Jamie Navarro, Jenny Payne, Julie Sell, Shalana Stice,
Jaclyn Taricska, and Kasey Will; and
WHEREAS, seven of these girls were last year's 11-year-old
and under AAU state champions; and
WHEREAS, the team is coached by head coach Gus Navarro
-- if you would come forward, please. (Applause.)
COMMISSIONER BERRY: And assistant coach Mike
Narretta.
(Applause.)
COMMISSIONER BERRY: And WHEREAS, the team showed
tremendous dedication and teamwork; and
WHEREAS, became the first girl basketball team in Collier
County history to win both the state AAU championship and
YBOA state championship; and
WHEREAS, Jamie Navarro was named MVP and Renee David
was named to the all tournament team for the YBOA state
championship tournament; and
WHEREAS, Nicole Blake was named MVP and Jaclyn
Page 11
June 13, 2000
Taricska was named to the all tournament team for the AAU
state championship tournament.
NOW THEREFORE, be it proclaimed by the Board of County
Commissioners of Collier County, Florida that June 13th, 2000 be
designated as Naples Lady Shockers 12 and under Basketball
Club Day.
DONE AND ORDERED THIS 13th day of June, 2000, Board of
County Commissioners, Collier County, Florida, Timothy J.
Constantine, Chairman.
Mr. Chairman, it is my pleasure, as a former basketball
player, to move this proclamation.
COMMISSIONER MAC'KIE: Second.
CHAIRMAN CONSTANTINE: We have a motion and second.
All those in favor?
COMMISSIONER MAC'KIE: You bet.
All those in favor?
CHAIRMAN CONSTANTINE:
(Unanimous votes of ayes.)
CHAIRMAN CONSTANTINE:
(Applause.)
Motion carries 4-0.
MR. NARRETTA: I just wanted to thank everybody for
appreciating these young kids. They've been going for eight
months really hard. And the coaching staff has, too.
Gus started this new program about eight or nine months
ago, and he's put everything that he can into it. And now the
girls, it's their turn, and they've stepped up and they put their
hearts into it and put everything aside, other than playing
basketball and school. And all these kids did great in school,
they've done great on the court, and we really just appreciate
you thanking them and appreciating their hard work. Thank you.
(Applause.)
COMMISSIONER MAC'KIE: Something about women's
athletics in this county, isn't it, Barbara? That's awesome.
COMMISSIONER BERRY: I think, too, it needs to be noted
that the adults, it takes -- you know, the kids are out there and
they need the leadership, but I think it takes the adults to take
the time and the dedication to stick with it. And at the same
time, these adults are still trying to make a living and take care
Page 12
June 13,2000
of their families as well, but they're also giving a lot of time on
behalf of these young people. So I think they're to be thanked
and congratulated. Thank you very much.
CHAIRMAN CONSTANTINE: And make a little mental note
here, because every time we see a story about a kid in trouble
we think, oh, kids these days. A dozen great kids standing right
in front of you today. Just kind of register that in your mind.
ITEM #5B
EMPLOYEE SERVICE AWARDS - PRESENTED
We have -- it's my privilege to give six service awards today
to employees. We have three who have been with us for five
years. First we have Jose Sanchez, who is with our
transportation department. (Applause.)
CHAIRMAN CONSTANTINE: From Parks and Recreation, we
have Susan Santiago. (Applause.)
CHAIRMAN CONSTANTINE: Celebrating five years, with a
settled lawsuit that had nothing to do with him, Vince Cautero.
(Applause.)
CHAIRMAN CONSTANTINE: We have two employees who
are celebrating 10 years with us. Currently with facilities
management, Daniel Rodriguez. (Applause.)
CHAIRMAN CONSTANTINE: Also with 10 years, with Parks
and Recreation, Robert DeCamp. (Applause.)
CHAIRMAN CONSTANTINE: Better shape than any other
county employee. If it could only do the same for me.
And our big winner today, celebrating 15 years with road
and bridge, Leroy Payne.
(Applause.)
ITEM #5C2
Page 13
June 13,2000
PRESENTATION OF THE FAMILY FRIENDLY BUSINESS
DESIGNATION FROM THE NAPLES ALLIANCE FOR CHILDREN -
PRESENTED
CHAIRMAN CONSTANTINE: That takes us to Item 5(C)(2),
presentation of the family friendly busy -- let me try that again.
Family friendly business designation from the Naples Alliance For
Children. Myra Shapiro.
Hi, Myra. Good morning.
MS. SHAPIRO: Good morning. I was expecting more things
to happen.
CHAIRMAN CONSTANTINE: Snuck up on you there.
MS. SHAPIRO: Right.
The Naples Alliance For Children's mission is to take a
leadership role in advocating for the improvement of the quality
of life for Collier County, Florida's children, youth and their
families.
The importance of family policies and benefits in the
workplace is becoming crucial to men and women when they
evaluate employmentive (sic) opportunities, and also to
employers who compete for working parents in the labor market.
Employers are now called upon to create a work
environment that meets the expanding and challenging role of
the working parent.
Family friendly workplace policies are a payoff in dividends
by attracting and retaining the best employees, increasing
productivity, increasing employee morale, reducing turnover,
absenteeism, tardiness, and reducing health costs related to
stress.
And just the people who came up before me exemplify the
fact that they're staying on the job because of good workplace
policies.
Naples Alliance For Children encourages all businesses,
large and small, to have workplace policies and programs which
assist employees to take an active part in raising their children.
Members of Naples Alliance For Children have developed a set of
Page 14
June 13,2000
criteria used to identify local businesses that exemplify a family
friendly workplace.
This is the second year of this designation. The businesses
that meet some or all of the established criteria are designated
as Naples Alliance For Children family friendly businesses. The
plaques were presented officially, although this is an official
presentation, at our dinner on May the 11th this year.
The Naples Alliance For Children encourages and recognizes
employers who have workplace policies and programs that assist
employees to take the active part in raising their children. We
commend the county and particularly the human services --
human resource department, Jennifer Edwards, human resource
director, and Karen Kocses -- and I said your name right this time
-- senior human resource analysis. Analysis, is that right?
COMMISSIONER BERRY: Analyst.
MS. SHAPIRO: Analyst. See, I pronounced your name right
but your title wrong. I'm batting 2,000.
We really commend you on your continuing efforts to create
a family friendly environment for Collier County employees. And
I'd like again to present you with a family friendly business
plaque that now has two dates on it, 1999 and 2000.
Karen?
(Applause.)
MS. SHAPIRO: And also, will you take the child care
directory that has Collier County listed in it as a family friendly
business. Thank you.
CHAIRMAN CONSTANTINE: Thank you.
MS. SHAPIRO: Thank you all.
ITEM #7A
KEN ABERNATHY REGARDING THE NAPLES BOTANICAL
GARDEN PROJECT - PRESENTATION GIVEN
CHAIRMAN CONSTANTINE: That will take us to public
petitions. First, Ken Abernathy, although his -- I didn't see Ken
wander in but I'm sure he's --
Page15
June 13, 2000
COMMISSIONER MAC'KIE.' There he is.
CHAIRMAN CONSTANTINE: Oh, there, thank you. I kept
looking.
Ken Abernathy, regarding the Naples Botanical Garden
project.
Steve?
MR. DUCKWORTH: As Tim noted, I'm not Ken, but I'm the
vice chair. I'm Steve Duckworth. I'm the vice-chairman of the
botanical garden. And I'm joined by a number of our -- my fellow
board members, including Ed Petros (phonetic), who is our
chairman. Excuse me.
Let me start off with a couple of things. First, the Naples
Botanical Garden was one of the original anchors of the
Community Redevelopment Act effort that will take place on
Bayshore that we are part of. And we consider ourselves one of
the economic anchors of the Bayshore redevelopment.
Let me come over here and point out where the garden has
been repositioned to. Some of you know we started out -- the
Gardens started out five or six years ago with a site that was in
here that consisted of 40 acres. What we have now is a site that
is a half a mile wide running from the corner of Thomasson and
Bayshore, west to Fern, down a half a mile to where you go over
to Bay Front Park.
And on the Bayshore side, you go down almost two-thirds of
a mile, with the exception of a single-family home that sits on
this five acres here.
This is one of the best locations in Collier County for a
garden because we're so close to the water; the water being --
the bay being right here, that when cold spikes come down from
the northwest, it's ameliorated so that we can grow lots of things
without the aid of heaters and the like that we otherwise would
have had to have.
It's also ecologically tremendously diverse. There's
wonderful scrub and pine flatlands, and there's a salt marsh
down here and there's mangroves, all contained within the
existing envelope of the garden.
The position -- the size of the garden, if you go from Fifth
Page 16
June 13, 2000
Avenue South to Second Avenue North, from U.S. 41 to the Gulf,
that's how large this garden will be. You could fit every
botanical garden south of Orlando in Florida inside the envelope
of the garden of Naples.
COMMISSIONER MAC'KIE: Wow.
MR. DUCKWORTH: So we will be a major anchor for the
botanical -- for the redevelopment effort down there.
We expect, after we open, to be bringing about 100,000
tourists into the Naples area. The garden and Phase I will cost
about $25 million. When it's completed, it will generate
somewhere over 100 direct jobs and probably 3 to 500 indirect
lobs.
The operating budget, when it's completed, will be about $5
million. And it should involve 30 to 50,000 volunteer hours per
year, if it's -- our experience is similar to other botanical gardens
in the state. That of course means people of all ages and walks
of life. You have your senior citizens who get involved, it gives
them an outlet, et cetera. So it will be a very important thing in
the Naples community.
We're here to see the commission for a number of reasons.
One, first and foremost, we'd like your support in every -- and
advocacy in every way you can. Be our cheerleaders. We're
going to be here for zoning and rezoning of the property, and
we'll need your help in doing that. We'll obviously be here
permitting buildings. We will eventually think of reasons to be
here for financial support, and we'll do our best to think of as
many of those as we can. So the commission will be very
important in making this a successful effort.
The British poet Keats wrote a poem that I always bring to
mind when I think about botanical gardens. It was titled Ode to
a Grecian Urn, but the major line in it was, "A thing of beauty is a
joy forever." And I think that's the starting point with the
botanical garden. But the botanical garden is a great deal more.
In addition to being something that is beautiful to behold, it
involves extensive education programs. The education programs
are aimed at the entire community. They're aimed at the children
teaching them about -- to appreciate the outdoors, to appreciate
Page 17
June 13, 2000
the fact that, for instance, over 50 percent of all medicines are
derived from plants of one sort or another; teach them how to
grow things.
For citizens in the mid years that have their own yards that
they plant things in, and we of course try to upgrade the level of
interesting things. Because one of the wonderful things about
this area is the diversity of things we can grow here.
For our senior citizens, we are, for instance, developing a
prototype effort with Moorings Park that we take to all the senior
communities where we would have people go to Moorings Park,
do education programs, lecture series. They would have buses
that would come down or other transportation that would come
down to the garden where they could volunteer and help us
maintain the gardens, they could help us maintain the facilities,
they can participate in our education programs there.
Moorings Park itself has a garden. Our horticulturists will
help them enjoy using that garden. There's just an immense
number of things. And the reasons we've designated one senior
facility is that we don't know the full range of ways we can
interact with Moorings Park. It has to evolve over time. That's
the stage we're at now.
Let me talk a little bit more specifically about some of the
things we're doing. This is the overall site. We hired the master
planning firm out of Miami named Wallace, Roberts, Todd, to help
us plan the garden. That's design the infrastructure where the
main gardens will lay. And what you see is, this is the corner of
Bayshore and Thomasson. You'd come in here and you'd park, go
over here to a major visitor's center, probably 15,000 square feet
that would overlook the lake.
Down here, to dream a little bit, you have a seven-acre rain
forest. The rain forest, as you know, is trees that initially would
be as high as 40 feet that would be brought in. They grow at 80
to 100 feet. You have your orchids and your bromeliads and all
your plant life that exists in the tops of the trees over time. You
look over that, seven acres would make it probably the largest
rain forest type botanical exhibit in the United States --
continental United States. That's what we can do here, because
Page18
June 13,2000
this is such a large site.
So you'd look over to the rain forest. Over here you have a
pine -- natural existing pinewoods flatland that's improved with a
canopy of colorful gardens. The scrub is maintained here.
In this area, we've had a proposal to do a 10-acre perfume
garden that might be sponsored by one of the major perfume
makers in the country. You could have a wedding pavilion where
you have 10 acres -- and just think, 10 acres of scented trees,
shrubs and flowers, and you have your wedding in that in the
middle of the evening. You have a four-star restaurant where you
have a veranda that you sit outside and as night falls, there are a
great number of the fragrant plants whose scent gets the
strongest then.
So that -- and that -- if you do a 10-acre fragrance garden,
you're in competition with -- I've forgotten the name in France
that's known worldwide for the perfume makers being
concentrated there and doing their research there. That's the
kind of thing we can do on this site.
And then you can go from the perfume garden to the
medicinal garden. In the medicinal garden, many of the flowers
that are used for fragrances also are used as bases for medicine.
So I mean, the numbers of things you can do are just incredible.
In addition to those gardens, you have the gardens like the
therapeutic gardens, the enabling gardens, where you have
gardens where people who, for instance, are blind can
participate in a garden experience. People who can't get around,
you have raised beds where they can be involved. You have
research gardens. You have children's gardens. You can have
home demonstration gardens. The possibilities are endless.
We look forward to working with the community in
developing this garden. It's a massive undertaking, and we
appreciate your support in every way possible. Thank you.
CHAIRMAN CONSTANTINE: Thank you very much.
COMMISSIONER MAC'KIE: I'd just like to say, can you
imagine the good fortune that I feel with having such an interest
in the redevelopment of the Gateway/Bayshore area, and then to
have such an indescribably wonderful economic anchor come in.
Page 19
June 13, 2000
I mean, you can hope for economic anchors that can be a
stimulus for development, but I think it has to be pretty rare that
you can get lucky enough to have something this wonderful.
Because we're talking about a garden that, as Steve said, is
going to be comparable, if not better, than many on an
international scale. So it's just going to be fantastic for the
community, and I look forward to working with you further.
CHAIRMAN CONSTANTINE: I think you look at the size of
what you're projecting here, too, and it's -- with the community
saying gosh, can we preserve some green space, this is exactly
what the community is asking for. So good luck with it.
COMMISSIONER BERRY: What is the total acreage?
COMMISSIONER MAC'KIE: Total acreage again, Steve?
MR. DUCKWORTH: Total acreage, if you include the 30
acres on this side of Bayshore, is about 180. CHAIRMAN CONSTANTINE: About 180.
COMMISSIONER MAC'KIE: 180 acres. And I didn't get it,
and I wish you'd say it one more time, the comparison -- if you
would on the mike -- the comparison to Fifth Avenue. Go from
where to where and you'd have the --
MR. DUCKWORTH: It goes from Fifth Avenue South to
Second Avenue North, from 41 to the Gulf. That's 180 acres.
COMMISSIONER MAC'KIE: Wow.
MR. DUCKWORTH: So you can get lost there.
COMMISSIONER MAC'KIE: Yeah.
MR. DUCKWORTH: And, I mean, one of the things that's
interesting is when we had this presentation on the fragrance
garden, the planners talked about three acres, and then they saw
the garden and they started talking about 10 acres. You can do
four or five of these individual gardens that each themselves can
be world-class gardens.
COMMISSIONER CARTER: Steve, how many years do you
think it will take to do this project?
MR. DUCKWORTH: Well, we hope to open for tourists
sometime between 2003 and 2005. That will be Phase I. That
will probably encompass roughly 60 out of 180 acres. So that if
you talk the full 180 acres, it's probably 20 years until it's fully
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June 13,2000
planted, and then after that happens, you know, the replacement
guy -- we're all gone, the replacement guys start.
COMMISSIONER MAC'KIE: And --
MR. DUCKWORTH: And do it right.
COMMISSIONER MAC'KIE: Will there be many situations? I
mean, you talked about bringing in 40-foot trees. Is that -- we're
used to seeing, you know, in our landscaping projects little
Popsicle oak trees. Is there going to be a lot of major growth in
there from the beginning? I mean, how big is it when it starts?
MR. DUCKWORTH: Well, it obviously depends -- a thumb rule
in the industry is per acre of actual garden, the cost is $400,000.
So for $400,000, you're bringing in some trees of significant size.
Your limitations are really transportation and what you can
shock and, you know, some of your major trees, how in the world
do you get them here. But you can bring in significant numbers
of trees.
One of the interesting things, the master planner for us,
Wallace, Roberts, Todd, when Andrew came through Miami, of
course, it came through right where Fairchild Gardens is and
blew most of it over. They were able to save something on the
order of 85 percent of all the specimens in Fairchild Gardens. So
if you properly do things, you can move very large items.
COMMISSIONER MAC'KIE: It's amazing.
COMMISSIONER BERRY: And you've just eliminated 720
dwelling units, for those of you that are interested in reducing
density.
MR. DUCKWORTH: That's true.
COMMISSIONER BERRY: That's true.
COMMISSIONER MAC'KIE: Mighty nice.
CHAIRMAN CONSTANTINE: Thank you again.
ITEM #7B
DON PICKWORTH REGARDING A JOINT APPLICATION FOR
PERMITS FOR CONSTRUCTION OF PUBLIC AND PRIVATE BEACH
ACCESS FACILITIES - STAFF TO WORK WITH MR. PICKWORTH
Page 21
June 13,2000
Let's go to Item 7(B), Don Pickworth, regarding a joint
application for permits for construction of public and private
beach access facilities. Hi there.
MR. PICKWORTH.' Good morning, Commissioners. I'm Don
Pickworth. I'm representing Paul Harvey, who owns or has a
long-term lease on a strip of land and an option to buy it. I wrote
you a letter that I believe is in your agenda pack, which is fairly
self-explanatory.
But to simply sum it up, the property that Mr. Harvey has a
40-year lease with option to buy on is a strip of property 100 feet
wide that runs from the Gulf of Mexico to the interior bay. It is
the only privately held property in what is known as the Barefoot
State Preserve.
For whatever reason, the state, when it acquired the land
there years ago, did not acquire the property of the fee simple
title holder. So that property has -- is there. It's privately held.
And there's an easement that runs down through Lely Barefoot
Beach and down through the state preserve to this property.
We've been talking about various ways to utilize this
property. And I know Mr. Harvey has talked to all or most of you
about some of the various options. And we met several -- several
months ago with Mr. Olliff when he was public services
administrator and outlined our intentions. And at that time he
said, you know, he said we'd like to work with you but the way it
works around here is, you know, you get -- the board needs to
direct the staff to work on this with us.
So what we're really only looking for is just direction from
the board to the staff to work with us. Our intention would be to
jointly apply for permits for both the private facilities and the
public facilities. We would retain the consultants, and we've
retained Turrell & Associates and Humiston & Moore to each
work on their respective areas of expertise with regard to the
permitting. The permitting costs would be absorbed by us for
both the public and private facilities. It would all be part of one
application.
So obviously the drawing that was in your agenda package
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June 13, 2000
is just a, you know, conceptual plan. It's not final. Mr. Olliff and I
discussed this. We certainly will want to spend some time
working with the staff on just what the configuration of the
facilities would be. All we really need at this point is an
authorization from you to the staff so we can hire the
consultants and get going on this. And I would suspect we'll be
back before you in the not too distant future, hopefully.
CHAIRMAN CONSTANTINE: Mr. Olliff, do you think this
would be an appropriate use of staff time to investigate this?
MR. OLLIFF: I do. I think it is a lot that would allow for a
single-family home, and compared to a single-family home, we
would probably much rather have at least some opportunity for
public beach access. There are some design issues that we
want to work out. So the answer is yes, we would like to bring
back to you a final design plan before we actually joint apply for
a permit.
CHAIRMAN CONSTANTINE: Any objections from the board?
COMMISSIONER CARTER: No, I totally support this, Mr.
Chairman. I think it's a part of a bigger picture that's evolving up
there. And this would be an excellent opportunity to provide
beach access into a underutilized beach that we've all been
struggling with.
COMMISSIONER MAC'KIE: Subject to review of the final
plan, I certainly want to participate.
CHAIRMAN CONSTANTINE: Consider that direction. Thank
you.
MR. PICKWORTH: Thank you.
ITEM #8A1
REQUEST BY ANNE COLPAERT, REPRESENTING MARCO ISLAND
JAYCEES, FOR A WAIVER OF RIGHT-OF-WAY PERMIT FEES FOR A
SPECIAL EVENT - APPROVED
CHAIRMAN CONSTANTINE: Let's go to 8(A)(1), request by
Anne Colpaert representing Marco Island Jaycees for a waiver of
right-of-way. This is after the fact; is that right?
Page 23
June 13, 2000
MR. CAUTERO: No.
COMMISSIONER MAC'KIE: I thought it was Memorial Day.
MR. CAUTERO: Oh, yeah, I'm sorry. Mr. Chair, for the
record, after-the-fact permit application. Second annual. This
happens from time to time, people don't come in before they --
COMMISSIONER BERRY: I'd like to just move approval.
COMMISSIONER MAC'KIE: Second.
CHAIRMAN CONSTANTINE: Motion and a second.
Discussion?
Public speakers on this item, Mr. Olliff?
MR. OLLIFF: No, sir.
CHAIRMAN CONSTANTINE: Any objections?
(No response.)
CHAIRMAN CONSTANTINE: Motion carries 4-0.
ITEM #8A11
WAIVE THE FOURTH FRIDAY IN APRIL REQUIREMENT FOR
SUBMISSION OF PUBLIC PETITIONS FOR COMPREHENSIVE PLAN
AMENDMENTS DUE TO A SPECIAL CIRCUMSTANCE - APPROVED
8(A)(2) was withdrawn. The rest of those are tourist
development items. Down to --
COMMISSIONER BERRY: 8(A)(11).
CHAIRMAN CONSTANTINE: 8(A)(11). Those tourist
developments will all be heard at 11:00.
8(A)(11). This was 16(A)(2). Waive fourth Friday in April
regulation for submission of public petitions.
MR. LITSINGER: Good morning, Mr. Chairman. Stan
Litsinger, the comprehensive planning section, here to answer
your questions on our proposed recommendation to accept this
late submittal of a Comprehensive Plan amendment after the
April 28th deadline, due to what we believe are mitigating
circumstances that evolved relative to the delay in adoption of
the '99 cycle amendments due to the elongated process of
attempting to negotiate a settlement of ongoing legal issues
relative to our comp. plan amendments.
Page 24
June 13,2000
The bottom line in our justification that we felt we should
put this on the agenda for you to consider was that under normal
circumstances you would have heard, and as you chose to do,
deny this petition approximately the first part of March. And due
to our negotiations, the process was delayed about two months,
which obviously was beyond April 28th, and did not give Mr.
Jassy an opportunity to reformulate his proposal and submit it as
a new plan amendment in an effort to try to alleviate some of the
concerns you raised in denying his petition.
So we merely put it on the agenda to seek your direction
relative to whether or not we would accept this agenda -- excuse
me, this amendment and process it in the coming cycle --
CHAIRMAN CONSTANTINE: Let me ask--
MR. LITSINGER: -- placing no judgment on the merits at this
time.
CHAIRMAN CONSTANTINE: Let me ask two questions, and
you just touched on one of them. This is not passing any merit,
this is allowing the process that the petitioner is allowed to go
through, even though the board said no, we're not going to
approve that particular change. He has no appeal, if you will,
process that he has a right to.
In addition to the attempt to negotiate this thing, if it were
not for illness here on the board, normally we would have met in
the end of April, as opposed to the beginning of May, and they
still might have met the deadline; is that correct?
MR. LITSINGER: That's correct.
COMMISSIONER MAC'KIE: Motion to approve.
COMMISSIONER BERRY: Second it.
CHAIRMAN CONSTANTINE: Any discussion? Any public
speakers?
MR. OLLIFF: No, sir.
CHAIRMAN CONSTANTINE:
favor, please state aye.
(Unanimous vote of ayes.}
CHAIRMAN CONSTANTINE:
very much.
Motion, second. All those in
Motion carries 4-0. Thank you
Page 25
June 13, 2000
Item #8B1
WORK ORDER #WMBP-FT-00-11 WITH WILSONMILLER FOR
STORMWATER MANAGEMENT DESIGN FOR THE PROPOSED
WIDENING OF VANDERBILT BEACH ROAD FROM AIRPORT ROAD
TO C.R. 951 (COLLIER BLVD.), PROJECT NO. 3051, CIE #63 -
APPROVED
That takes us to 8(B)(1), which was 16(B)(11), Vanderbilt
Beach Road widening design.
MR. BIBBY: Are there specific questions?
CHAIRMAN CONSTANTINE: Can we just get like a
60-second version of what this is?
MR. BIBBY: Jeff Bibby, transportation engineering and
construction management director.
This is our Vanderbilt Beach Road design from Airport Road
out to 951. We're designing this in-house. As part of the
in-house design, we use the annual contracts for specific kinds
of specialty. In this case, this particular work order going out to
Wilson-Miller for the design of the stormwater portion of it.
They'll take a look at the best options we've got, either pond
sites or improvements to the Harvey Canal. That will be part of
the final design.
CHAIRMAN CONSTANTINE: Questions for staff?
COMMISSIONER BERRY: I have none. I move approval.
CHAIRMAN CONSTANTINE: I'm okay on it.
COMMISSIONER MAC'KIE: Second.
CHAIRMAN CONSTANTINE: Speakers?
MR. OLLIFF: No.
CHAIRMAN CONSTANTINE: There's been a motion and a
second. All in favor, please state aye. (Unanimous vote of ayes.)
CHAIRMAN CONSTANTINE: Motion carries 4-0.
Item #8Cl
PAYMENTS TO WASTE MANAGEMENT, INC. FOR OPERATING
Page 26
June 13, 2000
COST INCREASES AT THE NAPLES LANDFILL - ADDITIONAL
PAYMENT DENIED; INCREASE IN YARD WASTE COST AND
CONSTRUCTION DEMOLITION - APPROVED
Item 8(C)(1), approve payments to Waste Management, Inc.
for operating cost increases at the Naples landfill. Mr. Finn?
MR. FINN: Thank you, Mr. Chairman. Edward Finn, interim
utilities administrator.
This item is a follow-on to a September 28th 1999 board
action, wherein the contractor and staff recommended some
additional landfill operating cost payments. The board approved
those payments conditioned on the internal audit department,
confirming the payment amounts and the appropriateness of
those payments. They subsequently conducted a review. The
review had two key procedural findings that I'm going to outline
for the board very briefly.
The first is that the board needs to consider the petition
with full knowledge of the provisions of the landfill operating
agreement, particularly Section 5.4. That section is quoted there
for you. If you're interested, I will read that. "The county's sole
obligation shall be to reasonably consider the contractor's
petition and to advise the contractor of its decision within a
reasonable time. The county may grant the petition in whole or
in part."
The other key procedural finding had to do with retroactive
payments. And the auditor has determined and staff has
concurred that under Section 5.4, retroactive payments are not
allowed. However, the auditor and staff also concur that the
board has the ability to make these payments if they determine
they serve a valid public purpose.
CHAIRMAN CONSTANTINE: While they certainly serve a
valid public purpose, I'm not sure I'm in favor of charging the
ratepayer more for this. Because we all remember in 1994 or '5,
or whatever year that was, that George Varnadoe stood at that
podium and promised that, A, Waste Management would use best
available technology to correct the odor problem, and B, it would
Page 27
June 13, 2000
-- in six months there would be no more odor problem.
And according to our executive summary, the purpose or the
reason for the change here is to correct odor problem,
particularly the FDEP noncompliance order. And it seems like
the promises that were made by Waste Management ought to be
upheld by Waste Management and paid for by Waste
Management and not by the ratepayer.
So while there's a public purpose in doing this, that public
purpose is in keeping with what they promised to do from day
one under the original rate structure.
COMMISSIONER MAC'KIE: And I'd just add to that,
Commissioner, that there's a public purpose in making the
changes that they made, but I question whether or not there's a
public purpose in having the ratepayer pay for it. CHAIRMAN CONSTANTINE: Exactly.
COMMISSIONER MAC'KIE: I wonder if we even could -- I'm
troubled with how we could find -- make a valid finding of a
public purpose in having the ratepayers pay for something that
appears to me to be the contractual obligation of the provider.
And looking at the audit itself, there were a couple of
findings. One is that -- you know, that the request was originally
made under the wrong section of the contract. Because we were
led to believe, or I understood from our earlier discussion, that
the reason for the increase was because of -- under Paragraph
5.3 a, quote, change in the law. But it turns out that you can't get
the payment under changing the law, because that can't be made
retroactively.
So then okay, well, we won't look for it under 5.3, we'll look
under it for 5.4. But the documentation's not appropriate under
5.4, so we'll ask the County Commission just to make a finding of
a valid public purpose. That's just way too much of a stretch for
me.
CHAIRMAN CONSTANTINE: Agreed.
COMMISSIONER MAC'KIE: So I can't understand why we
would do that. It seems to me that what the audit -- you know,
I'm just grateful -- I can't remember whose idea it was to say
subject to an audit, but thank you. Because what the audit
Page 28
June 13,2000
showed us is that this is not a valid public expenditure. And
based on that, I'm going to move that we deny.
CHAIRMAN CONSTANTINE: I'll second that to get it on the
floor.
Mr. Finn?
MR. FINN: If I may, I believe the record will show that staff
did bring this forward under Section 5.4. In reviewing the record,
I'm not sure it was clear at that time exactly what the board's
privileges were.
Part of what I'm trying to do is bring you forth the
information that is accurate, indicate that staff had brought this
forward consistently. And I think I would be remiss to not say
that the auditor and staff have in fact concluded that there are
some valid additional costs that have been incurred by the
contractor.
CHAIRMAN CONSTANTINE: And I think our point is those
costs meet their initial obligation that they stood at that very
podium and committed themselves to from day one. So I
understand gee, yeah, we'd like to make sure we comply with
FDEP, and we'd certainly like to diminish the odor there, but
those are things that they committed to from day one anyway.
COMMISSIONER MAC'KIE: And if--
CHAIRMAN CONSTANTINE: Mr. Olliff, do we have public
speakers on the item?
MR. OLLIFF: No, you don't.
CHAIRMAN CONSTANTINE: Commissioner Mac'Kie?
COMMISSIONER MAC'KIE: Just -- I want to get this straight.
I want to hear you, Ed, and hear you -- if you're telling me that
it's staff's opinion they're entitled to this money, I want to
understand why. Because the findings say that the background
information and the legal interpretation provided to the board
were inconsistent. And we concur that we're going to have some
new procedures established. It says that the FDEP's letter
where it told them they had to use soil instead of C and D
material was not a change in the law, so 5.3 was not the right
section to look at. And we concur.
CHAIRMAN CONSTANTINE: And we might point out that
Page 29
June 13, 2000
prior to them taking over as vendor when the county operated
this themselves, the county used soil for cover. And so if there
was any change, that was a change that was instituted by Waste
Management.
COMMISSIONER MAC'KIE: And, you know, we allowed them
to do that, but we allowed them with those loud assurances that
if it didn't solve the odor problem, it would probably -- and that
was a contentious item at time. I remember that very well.
MR. FINN: If I may, on this --
COMMISSIONER MAC'KIE: Well, let me just finish here.
That then if we are then looking under 5.4 of the contract,
the documentation is not adequate. We concurred with that. We
concur that Waste Management's invoice included a request for
retroactive payment, which is not permitted under Section 5.4.
So under Section 5.3, they don't qualify. Under Section 5.4, they
might have qualified if they had documented it appropriately and
asked for it ahead of time. But they didn't do that. So isn't this a
hot dog for the taxpayer -- I mean, for the ratepayer? They didn't
do it right and we don't have to pay.
MR. FINN: One of the mitigating circumstances that, again,
I would be remiss not to point out, is that by contract, and prior
to the contract, the county had in fact begun to use -- process C
and D material for cover. And it was written into the contract as
a -- as an approach or an operating approach that the contractor
was to continue to use under the conditional use approval from
FDEP.
COMMISSIONER MAC'KIE: And the reason for--
CHAIRMAN CONSTANTINE: Which again is not law.
COMMISSIONER MAC'KIE: -- my motion to deny is that I
question whether or not -- and I've said this publicly. I question
whether or not this county should instruct the county attorney to
look into whether or not Waste Management is in breach of its
contract and then, under those circumstances, I don't feel
generous with finding a way to pay them for even if it is a valid
expenditure, if they didn't comply with the contract
requirements.
CHAIRMAN CONSTANTINE: Yeah. I mean, plain and simple,
Page 30
June 13, 2000
there's a commitment made, that commitment hasn't been kept,
and now they want to charge the ratepayer to try to move ahead
and do that.
COMMISSIONER CARTER: Let me ask another question on
this. What happens to the reimbursement we're asking back
from Waste Management? We can move for denial. But then
does that exonerate them? Because we overpaid them, they
don't have to pay us back?
MR. FINN: If the board directs us to -- the board can fashion
the motion as they see fit. That is an appropriate reimbursement
that we will simply reduce from their next invoice, monthly
payment.
COMMISSIONER CARTER: So that's a standalone item?
MR. FINN: In my view, yes.
COMMISSIONER CARTER: Thank you.
COMMISSIONER MAC'KIE: Yeah, my motion for denial is
intended to be denial for the additional payment, certainly not
that we don't seek the collection of funds due to the county. And
if I'm wrong on this, I'm open-minded here. Somebody -- staff tell
me, if I'm missing something, I want to know.
COMMISSIONER BERRY: I think this is -- you're raising some
valid questions, Commissioner. And I'm not sure that I've got all
the answers here in front of me that I need to have, and I'm not
comfortable now with what you have raised. We've got a staff
recommendation here that says that we ought to go ahead and
do this, and yet you've raised some questions in regard to, I
believe, the audit and what it says. And I'm wondering if we
should not continue this item until we can get this thing
straightened out, because there seems to be some discrepancy
and some concern here. We're not all on the same page. So we
do have a motion on the floor and a second. So we have to vote
on this, or unless you all want to withdraw and we continue the
item.
COMMISSIONER MAC'KIE: Well, I want to hear from staff
why their recommendation is for payment, despite the terms of
the audit with which staff concurred.
MR. FINN: The--
Page 3t
June 13,2000
CHAIRMAN CONSTANTINE: And is my recollection of the
commitments made by Waste Management mistaken?
MR. FINN: To the best of my knowledge, no, you are not in
error.
CHAIRMAN CONSTANTINE: Thank you.
MR. FINN: I will say that there are two things going on here
that are critically important. One is the use of the C and D
material is something that was instituted by staff and was
written into the contract.
Accordingly, in staff's view, the contractor does not bear
sole responsibility for fixing that particular problem. That is a
problem that staff was part of creating. That's a part of this.
The other thing is that in terms of facilitating the operation
of the landfill and creating a responsive environment to changing
conditions, we believe that it is a valid public purpose to provide
reasonable compensation to the contractor when the contractor
is attempting to be responsive to changing conditions to
minimize odor or any of the other requirements of operating the
landfill that serve a valid public purpose.
On that basis, we believe that it's reasonable to provide
reasonable compensation for costs that were incurred above and
beyond the costs that were originally factored into the
contractual rates and fees that are paid to the contractor.
CHAIRMAN CONSTANTINE: Let me respond to both those
points, because there's a difference. The way the contract is
written, it talks about change in law. This is not a change in law,
it's a contractual item, which is different than a law and a
change in law.
Secondly, trying to be responsive means that they keep their
commitment from day one, and instead of six years later, be
working on that six months later. What they're responding to is
the Florida Department of Environmental Protection
noncompliance order, not the complaints of the public. This has
been a problem that has been ongoing for years. And now
because a state agency tells them they have to change, then
they're changing. But that is not simply trying to be responsive
to the needs. We're glad they are, but they're being forced to be
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June 13,2000
responsive. They haven't done it until this point.
And again, it's an obligation they made from day one. I think
we have plenty of information to make a decision today. And
while we may disagree with the initial staff recommendation
here, it's certainly not the first time we've done that.
COMMISSIONER CARTER: I have another question.
Because the internal auditor used a cost-base approach to arrive
at a recommended 39 cents per ton increase. So the auditor is
even saying and recommending an increase.
COMMISSIONER MAC'KIE: But not the rate that they're
asking for. Half that.
MR. FINN: There are a couple of components. The rate that
the auditor determined the 39 cents per ton for clean cover
material, as well as the $5.08 for the supplemental processing of
other material, those were deemed to be appropriate fees. If the
board elects, they may set a more appropriate date to commence
the reimbursement of those fees.
Staff would recommend, and I believe the auditor would
support, the April 20th date, which would be the date of the
formal petition made by the contractor. As an alternative, I
would suggest that that would be a reasonable middle ground to
reach on.
CHAIRMAN CONSTANTINE: I think the auditor recognizes
there's an expense to making this change. However, I will
challenge any commissioner sitting on this board to tell me why
the ratepayer should pay for something that the vendor
committed to do from day one.
COMMISSIONER MAC'KIE: Is there something in the
contract, David?
CHAIRMAN CONSTANTINE: I mean that --
COMMISSIONER CARTER: I do, too.
CHAIRMAN CONSTANTINE: -- quite literally.
COMMISSIONER MAC'KIE: I do, too. And is there something
CHAIRMAN CONSTANTINE: There's no logical reason why
people sitting in this room should pay for what they promised to
do from day one and haven't done. There isn't one logical
Page 33
June 13,2000
reason,
COMMISSIONER MAC'KIE: And the question I have for the
county attorney is, is there something in the contract? The
contract said if there's a change in the law, we have to pay.
But I agree with what Commissioner Constantine just said.
They told us we're going to use best practices. If using best
practices is more expensive than how they started, why do we
have to pay for that? Where does it address that in the contract?
MR. WEIGEL: Well, it's a hard technical and legal question.
One, the change in law again is one that we've, staff and county
attorney's office, wrestled with long and hard when we learned
of the changes that were imposed by the FDEP. And Ed is
absolutely correct, that historically, although he indicates that
staff built into the contract the fact that C and D material would
be used for cover, it actually really wasn't a staff idea. But I go
back to the genesis of the agreement, and I recall that it was the
board, and it was a company called Modern Recycling, Inc. The
lady owner, whose name I can't recall right now, hard to
pronounce.
MR. OLLIFF: Marsha Wycowski.
MR. WEIGEL: So that was built into the contract, not
particularly at the request of staff or clearly the request of the
operator, WMI, but it was built into that --
COMMISSIONER MAC'KIE: And the community fought that,
David. Remember that? The community of Golden Gate was
here. That was a very big debate item.
MR. WEIGEL: Right. But I'm just saying historically that was
built into the contract. And so DEP gave it, quote, blessing for
the use of C -- construction/demolition material for a period of
time.
And then it appears upon testing done at the landfill facility
and/or complaint, determined that the odor problem was beyond
spec and then said no more C/D material could be used. But for a
significant period of time, the C/D material was in fact allowed to
be used even under the applicable law, and the application of
law by DEP. So it's a complicated matter.
But at the same time, what Ed is actually telling you is that
Page 34
June 13,2000
yes, there are increased costs for the use of earth for cover. And
with the use and the help of this -- of the auditor report here, we
see that they're suggesting that they be paid somewhat for the
increased cost which they are forced to use, but not fully, based
on change of law or any other kind of interpretation.
COMMISSIONER CARTER: So we didn't have a law change,
but what we had was an interpretation by the DEP in what you
could do or not do. And so what they did is say yes, you can and
now you can't. And so any contractor, any of us, become a
victim, if you please, of a regulatory agency who changes their
mind.
MR. WEIGEL: That's true. But Mr. Constantine's very
correct that in other elements of the contract and promises
made by agents and the contractor here was that the odor
problem would be taken care of, would be taken care of quickly,
and years had passed.
CHAIRMAN CONSTANTINE: And I might point out, this is not
on the whim of the regulatory agency. This is compliant driven.
COMMISSIONER MAC'KIE: And that's -- that's a real
important point, is we have in front of us two elements of the
contract, is the way I see it. One is an obligation by the provider
to use best management practices and a commitment to solve
the odor problem. They never told us it would be 100 percent
smell free, but we are 1,000 miles and have always been from
100 percent.
On the other side, we have this victim of a regulatory
agency argument. But I think the greater argument goes toward
the ratepayer who was promised best practices.
COMMISSIONER CARTER: Under the contract.
COMMISSIONER MAC'KIE: Waste Management is the king of
this business. They should know better than FDEP --
CHAIRMAN CONSTANTINE: Well, if you look at those --
COMMISSIONER MAC'KIE: -- whether it's going to be best
practice.
CHAIRMAN CONSTANTINE: When you look at those two
issues, the regulatory agency is trying to enforce that particular
part of the contract, best management practices.
Page 35
June 13,2000
COMMISSIONER MAC'KIE: Yeah. I can't do it.
CHAIRMAN CONSTANTINE: We'll go ahead and call the
question.
COMMISSIONER BERRY: Now, what --
COMMISSIONER MAC'KIE: Steve's here. I wonder if he's
going to --
CHAIRMAN CONSTANTINE: No, there's no public speakers.
He didn't sign up.
COMMISSIONER BERRY: Where -- do we ignore the clerk's
audit?
COMMISSIONER MAC'KIE: Well, he tells us that --
COMMISSIONER BERRY: What does he say in that book? I
don't have my book out here with me, Pam. So what does he
say?
COMMISSIONER MAC'KIE: He says that we should consider
their petition based on Section 5.4. And 5.4 does not permit
retroactive payment. He goes on to say somewhere later --
where does he say -- here's the 39 cent stuff. "The BCC should
determine if a general waste rate increase is appropriate." And
we have the authority to do that under our general obliga -- you
know, that we can say, you know, painting the ceiling is a valid
public purpose, you know. So we have that right to do it.
So we have to determine if a general waste rate increase is
appropriate. Paren., "The internal audit department calculated a
rate increase of 39 cents, as opposed to 88 cents per ton
increase Waste Management has requested."
So the audit department is saying you have the authority to
approve a rate increase, even though they haven't technically
complied with the contract. If you choose to, audit department
says, that that rate is less than half of what Waste Management
says it is. The audit department says it should be 39 cents, as
opposed to 88 cents.
CHAIRMAN CONSTANTINE: And they are not specifically
recommending that, they're saying --
COMMISSIONER BERRY: I understand. But the figure that's
in here is which rate?
COMMISSIONER CARTER: 39 cents.
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June 13, 2000
COMMISSIONER BERRY: The 39 cents -- the 634,000 is
based on 39 cents?
MR. FINN: No, ma'am. There are several components, and
it's a little confusing. I beg your pardon. The 39 cents is the
moving forward number from July, '99 forward. We're proposing
39 cents per ton as the adjustment for cover material only.
In addition, there are some -- there has been an increase in
yard waste processing fees that is agreed upon by the auditor, by
the contractor and by staff of $5.08 per ton. Those two things for
the -- it's $98,000 to make us current with the soil material, and --
COMMISSIONER MAC'KIE: At the 39 or the 88 rate?
MR. FINN: At the 39.
COMMISSIONER MAC'KIE: At the 39.
MR. FINN: To bring us current from June to today.
We're also proposing retroactive payments January through
June of 249,139, which is consistent with the previous action the
board approved.
CHAIRMAN CONSTANTINE: And again, my point is, if we're
going to follow the contract then the obligation made by the
vendor shouldn't be one cent, let alone 39 cents.
MR. FINN: Yes, sir. The only caveat I would make is that if
the board feels that there should be some compensation, if we
move forward from an April 20th, 1999 date with the
recommended rates here--
CHAIRMAN CONSTANTINE: I understand.
MR. FINN: -- we believe the board could do that under
Section 5.4 without declaring a valid public purpose, but rather
just under the terms of the contract.
COMMISSIONER MAC'KIE: I want to hear that again. What
could we do under the terms of the contract on its face?
MR. FINN: The date that is identified as the formal petition
is April 20th, 1999.
CHAIRMAN CONSTANTINE: So you're saying if we approve a
rate increase and hit the ratepayer up for their corrections, then
rather than making that retroactive to January and declaring a
special valid purpose, we could somehow be more politically
correct by not having to declare a valid purpose. And their
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June 13,2000
application was filed April 20th, so you could make it effective
then and it wouldn't officially be retroactive.
MR. FINN: Yes, that would be my position. And it would be
under the terms of Section 5.4, which gives the board the
privilege to determine whether the fees should be paid or not.
CHAIRMAN CONSTANTINE: Motion on the floor right now is
to deny the increase and to still collect the appropriate fees.
COMMISSIONER CARTER: And that's for --
COMMISSIONER BERRY: Can we hear from Waste
Management?
COMMISSIONER CARTER: -- the cover material cost, right?
CHAIRMAN CONSTANTINE: They had the opportunity to sign
up. If we have a particular question for them, great, but
otherwise, they didn't sign up.
MR. OLLIFF: No one registered.
COMMISSIONER CARTER: Just a point of clarity, that's for
the cover material cost increases, it's not dealing with the yard
waste processing, which we had already previously approved?
MR. FINN: If I may, Mr. Chairman?
CHAIRMAN CONSTANTINE: Mr. Finn.
MR. FINN: The yard waste processing fee increase was
adopted as part of the Year 2000 rates. The contractor has been
paid for that since January of this year forward. Again, the
balance --
CHAIRMAN CONSTANTINE: We're looking today -- your
motion, I assume, is--
COMMISSIONER MAC'KIE: Is cover material.
MR. FINN: Thank you.
CHAIRMAN CONSTANTINE: If there's no further discussion,
all those in favor of the motion, please state aye.
All those opposed?
(No response.)
CHAIRMAN CONSTANTINE: Motion carries 4-0. Thank you.
COMMISSIONER MAC'KIE: There are other elements of this
that we need to deal with, I guess.
CHAIRMAN CONSTANTINE: Mr. Finn, is there a specific
motion you're looking for particularly as it refers to perhaps that
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June 13,2000
yard waste?
MR. FINN: It would be the findings on the -- the yard waste
processing fee, as I've discussed, is already included in the Year
2000 rates. I would make the same proposal, if you would,
where April 20th might be considered an appropriate date to
move forward on in terms of paying this, from April 20th, '99 until
the end of '99. That's somewhat different than the motion just
made by the board, but that would be a recommendation that I
would make as a fallback.
CHAIRMAN CONSTANTINE: April 20th, '99?
MR. FINN: Yes.
COMMISSIONER MAC'KIE: On the yard waste cost increase.
And what is our legal authority for that then, Mr. Weigel?
Are we required to do a valid public purpose finding, or is that a
contractual issue?
MR. WEIGEL: I believe it's a contractual issue at this point.
COMMISSIONER MAC'KIE: And the C and D revenue
reduction, is that a contractual issue? MR. FINN: TheCandD--
COMMISSIONER MAC'KIE: I ain't arguing about that.
MR. FINN: -- that is contractual. Simply there was a -- some
errors in the reading of the contract, in administration of it
leading to that. Just a simple appropriate correction, board
action to simply approve that correction, and that will be made.
COMMISSIONER MAC'KIE: Okay. Then I'll move approval of
the yard waste processing cost increases in accordance with the
contract provisions, which would effectively be April 20th, 1999,
and that we recognize the construction demolition revenue
reduction, as described in the staff report.
CHAIRMAN CONSTANTINE: Is there a second for that?
COMMISSIONER CARTER: Second.
CHAIRMAN CONSTANTINE: Further discussion?
Seeing none, all those in favor of the motion, state aye.
(Unanimous votes of ayes.)
CHAIRMAN CONSTANTINE: Motion carries 4-0.
MR. FINN: Thank you.
Page 39
June 13, 2000
Item #8C2
FUNDING FOR THE NAPLES LANDFILL FAN SYSTEM, PROJECT
59010 - APPROVED
CHAIRMAN CONSTANTINE: Mr. Finn?
MR. FINN: 8(C)(2), Mr. Chairman, approve funding for the
Naples landfill fan system project.
CHAIRMAN CONSTANTINE: Yeah, that was 16(C)(8) that we
had some question raised a few weeks ago by our county
administrator as to the appropriateness of this.
I just wanted to get some sort of verbal report on whether or
not it's okay to spend money on the --
MR. FINN: At this point in time -- this project was originally
approved in May of 1999. The majority of the funds for the actual
fan system itself of course have been expended. We own the fan
system. The engineering fees proposed here are essentially fees
that are largely incurred at this point and are necessary to bring
us current with where we are today.
At this point in time, this fan is being -- the fan project with
board approval will be put on the back burner, if you will,
allowing us to ascertain whether the gas collection system
improvements that have been made by the contractor have been
effective. Indications are that they have been effective. This
project would then be considered as a way to perhaps deal with
secondary sources of odor emissions, particularly from the
working face of the landfill.
It is seen as a demonstration project, if you will. It's one
that we would like a little more time to study, but we are seeking
approval of this funding, which was necessary engineering fees.
CHAIRMAN CONSTANTINE: What's the pleasure of the
board?
COMMISSIONER MAC'KIE: Motion to approve.
COMMISSIONER BERRY: Move approval.
COMMISSIONER MAC'KIE: Second.
CHAIRMAN CONSTANTINE: Motion and a second.
Discussion? Seeing none, all those in favor, please state aye.
Page 40
June 13,2000
COMMISSIONER BERRY: Aye.
COMMISSIONER CARTER: Aye.
COMMISSIONER MAC'KIE: Aye.
CHAIRMAN CONSTANTINE: Motion of-- all those against?
Motion carries 3-1.
Item #8C3
AGREEMENT TO EXTEND THE MULTI-FAMILY RECYCLING
CONTRACT AND COMBINE IT WITH THE EXISTING MANDATORY
TRASH AND COLLECTION CONTRACT FOR DISTRICT ONE,
FRANCHISEE, WASTE MANAGEMENT INC. OF FLORIDA -
APPROVED
16(C)(13) is now 8(C)(3).
MR. FINN: Yes, sir. This is really a routine, straightforward
contract matter. This particular contract simply expired in
March. We're proposing to essentially enter into a new contract
for the current term of the mandatory collection contract. This
will not affect our ability to bid out the mandatory collection
contract.
CHAIRMAN CONSTANTINE: That was my only question. As
we had talked a week or two -- a couple of weeks ago about
bidding out all the collections, this I assume will be part of it.
They will all now expire concurrently, so it will allow us to bid
them out concurrently?
MR. FINN: Yes, Mr. Chairman.
COMMISSIONER MAC'KIE: Motion to approve.
COMMISSIONER BERRY: Second it.
COMMISSIONER CARTER: Second.
CHAIRMAN CONSTANTINE: Motion and a pair of seconds.
All those in favor, please state aye.
Anybody opposed?
(No response.)
CHAIRMAN CONSTANTINE: 4-0.
Did we have a speaker on that? I'm sorry --
Page 41
June 13, 2000
MR. OLLIFF: No, you did not.
CHAIRMAN CONSTANTINE: -- I saw some movement over
there.
MR. OLLIFF: Mr. Chairman, if I could get you to take a
couple of minute break now before your next item.
CHAIRMAN CONSTANTINE: Sure. We normally take one at
10:30 anyway. Why don't we take about an eight-minute break
and we'll come back at 10:30.
(Brief recess.)
Item #10D
DISCUSSION REGARDING HOME DEPOT IMPACT ON GLADES
BOULEVARD TRAFFIC - STAFF RECOMMENDATION APPROVED
WITH CHANGE THAT TRAFFIC DIVERTER BE INSTALLED NOW
CHAIRMAN CONSTANTINE: Hi there. Welcome back. We
have news, I think, that will excite most of you in the room.
We're going to shuffle things out of order. At 11:00 we have to do
the TDC items here, that's when those are scheduled. So rather
than wait until after those, I know there's a great number of you
here for the Glades item, we're going to put that next on the
agenda.
(Applause.}
CHAIRMAN CONSTANTINE: So let's -- Beth, are you doing
the Glades item, or are you here for the other?. MS. WALSH: I'm here for the other.
MR. OLLIFF: Oh, we're going to do the Glades item now?
CHAIRMAN CONSTANTINE: Yeah.
MR. OLLIFF: Okay.
CHAIRMAN CONSTANTINE: Shocking everybody there.
Who from staff will be doing the presentation on the
proposed layout? And I've got to be sure and mention here,
Commissioner Berry had actually requested this item be put on
the agenda, so I think that each of the board has expressed it,
but Commissioner Berry has been one of the leaders on this.
COMMISSIONER BERRY: And that came about as a result of
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June 13,2000
meeting with Ms. Fiala, and I see two of the gentlemen. Is the
third one -- okay, he's not here. But we had a meeting in regard
to this item and quite a discussion about it. And at that point in
time I went to our administrator, and -- after we had had that
discussion. And obviously by the letters that have been written
to the editor about what they say the commissioners have
already done, which is not true, you all know that that are sitting
here, you know that the Board of Commissioners has not ruled on
this item. And you also know that technically we wouldn't rule
on this item, that this is an administrative type of decision that is
made. It's not a Board of County Commissioners. So all of you
who have skewered us in the newspaper with letters, you can
pull the skewers out.
CHAIRMAN CONSTANTINE: Clean them off.
COMMISSIONER BERRY: But we are here to listen to a
presentation on this morning, so perhaps we all get a better idea
of what's going on about this entire issue. So that's the reason I
asked that it be placed on the agenda this morning. CHAIRMAN CONSTANTINE: Mr. Kant.
MR. KANT: Good morning, Commissioners, ladies and
gentlemen. Edward Kant, transportation service -- operations
director.
COMMISSIONER CARTER:
it?
Hard to break an old habit, isn't
MR. KANT: Very difficult. But I'll get used to it.
This -- as Commissioner Berry's pointed out, this is not a
zoning issue. The site has been zoned commercial for a number
of years. There was a Scotty's on the site. They have sold the
property to the Home Depot folks, and they're in the process of
razing that building, and they're going to erect a new Home
Depot, in relative terms, about the same size and type as the one
on Pine Ridge Road, I am told. There may be some slight
difference. I don't know if the exact measurements are the
same.
The issues that had been brought up were addressed
through the site development plan and right-of-way permitting
process. We have met with representatives from the Glades,
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June 13,2000
we've met with representatives from the Home Depot, and we've
been working with the people in Community Development to
work out what we think is a reasonable and acceptable plan.
Just if I may for just a second, I'd like to use this drawing. I
apologize for the quality of it, but it's frankly the only drawing
that we have of the whole site.
This -- this is the -- this is Davis Boulevard, Airport Road.
North is that way. The Scotty's that sat in here was somewhat
smaller than this. This is proposed to be about 135,000 feet. I
believe that Scotty's was about 75 or 80,000 feet, altogether.
The existing Scotty's entrances were up here on Davis
Boulevard, and then two on Airport Road, one opposite Lynnwood
and one opposite Connecticut. And this piece on the corner,
from about this point to the south, was a separate parcel. And
for that matter, still is a separate parcel. The Scotty's folks have
a 99-year lease on it. And apparently from what the Development
Services folks tell me, that essentially makes it all part of the
one parcel.
The only change -- well, there's several changes of the
traffic pattern. The major change is the addition of a driveway
onto Glades Boulevard, opposite the St. Matthews House
driveway.
This drawing, since we got this, we have been meeting, as I
said, with the Scotty's people, and we've had several changes to
it, but they're relatively minor. The major changes that they are
-- have agreed to make are to eliminate a median opening here at
Connecticut Avenue and to modify the median opening at
Lynnwood Avenue, and to modify the median opening at Glades
Boulevard, and to work with us to have a traffic signal installed
there. The.
Only way this will work, given the existing traffic patterns --
because we had already been considering a signal there, and
then this kind of was an impetus to move this up in our planning
to permit southbound turns -- is to redo this intersection and
signalize it.
The major issue, as I understand it, with the folks that live in
the Glades and in the areas back there, has to do with this
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June t3,2000
access onto Glades Boulevard. And that was the thrust of our
meetings with both the Glades folks and with the Home Depot
folks.
There were a number of other issues. Frankly, I believe all
the other issues have been resolved. We've agreed to assist
them with some additional signage for their golf cart crossings
and to put some no U-turn signs in here so people can't go out
and make a U-turn and go back in through the Glades, that type
of thing.
And we've also in talking --
CHAIRMAN CONSTANTINE: Hang on just a second, Ed.
We're not going to have booing, hissing, heckling. There is an
opportunity to sign up and speak on this item. And if you want to
do that from the podium, you're more than welcome. But we're
not going to have heckling of our staff. If you don't agree with
what he says, you have an opportunity to say that publicly. But
let's not holier during the presentation.
MR. KANT: Thank you, Commissioner.
One of the other issues had to do with the -- I lost my train of
thought there for a second.
One of the other -- the major issue, as I said, was this
driveway -- this new driveway onto Glades Boulevard. If you look
at the existing traffic pattern, the main reason that we're
requiring the changes in the Airport Road medians is because of
the additional cueing that will be necessary for -- to serve this
site.
Scotty's was an underperforming property. And I think I'm
being kind when I say that. If it weren't, I doubt that it would
have been sold. But that's a value judgment, and I'm not going to
make those judgments.
Given the traffic information that was submitted by the
Home Depot folks, and in accordance with their own proposals,
we felt that it was appropriate to lengthen the storage for these
turn lanes to allow adequate servicing of this site. At the same
time, we were concerned because of we're already having
problems with cut-through traffic on some of the other streets
here. So we think that the issues of changing the medians on
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June t3, 2000
Airport Road are going to be a benefit both to this site and to the
surrounding neighborhoods.
The other issue had to do with the Davis Boulevard access.
This has been modified slightly to allow for direct access back to
their loading docks so that they wouldn't have to -- they'll still
get some truck traffic coming in here.
The geometry of this opening here, as was pointed out
during our meeting yesterday with the folks from the Glades and
through other meetings we had with the Home Depot folks,
simply won't allow for large truck movements. It's just too
constraining.
The issue -- the bottom line issue that we went over with the
-- our meeting with the Glades representatives yesterday was
that this median opening or this opening right now is a fully
unconstrained median opening. You can get a left turn in, you
can get a right turn in and a right turn out, and you can get a left
turn out. It is this left turn out that seems to be the bone of
contention or the real concern.
During our meeting and during our negotiations, we pointed
out that it was not appropriate -- we didn't believe it was
appropriate to assume that we could cut that off and force all
that traffic, whatever that traffic might be, out to Airport Road.
Because the only way to leave this site and go south is to go
through this intersection.
The folks at the Glades would prefer to have us require a
raised median island in here to constrain these turns to right out
only so there could be no left. And our concern is that if
somebody who lives back here wants to get here, the only way
they can get home again is to take the long way around. And
frankly, we didn't believe that was consistent with board policy
or direction or, frankly, with reasonable traffic planning.
We did agree, however, to take a baseline count. They tell
me they'll be open sometime around the first of December. So we
agreed to take a baseline traffic count somewhere between this
driveway and Palm Drive so that we would know what the traffic,
the existing traffic, is sometime in late November, middle
November, before they open. Wait till after they open, take
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June 13,2000
another count at the end of the 30-day period. And then if we
see a difference of 10 percent or greater, we would agree that --
and the Home Depot folks have also told us that they have no
problem with going back and putting in that median island. But
we frankly don't want to deal with a problem that is not a
problem as we stand here today.
That I believe is a -- unless Mr. Olliff wants to embellish on
that, I believe that's the crux of our decision -- or our
discussions.
CHAIRMAN CONSTANTINE: Questions for Mr. Kant?
Let's go right to the public speakers. I understand we've got
several.
MR. OLLIFF: We can. First is John Hooley, followed by
Lindy Adelstein. And as the speakers are making their way to
the podium, I will embellish just a little bit.
In our meeting, I also committed, and I think it's just -- in
terms of being a reasonable and a good neighbor, I think, one, I
need to point out that the representatives from the Glades have
been great to work with, as they've been good neighbors all
these years. And I think one of the things that we have done as
a neighbor that has not been in the best interest of the Glades is
to allow a lot of our what I consider commercial traffic to go
through the Glades and Lakewood Boulevard.
And so administratively we committed that we would start
rerouting our own traffic, at least the white vehicles with the
yellow tags, which we can control, out to Airport Road and to 41
to try and limit some of that traffic in their neighborhood as well.
We also committed to limit truck traffic on Glades Boulevard
.itself to ensure that Glades Boulevard was not a truck route used
for the Home Depot site. And I think we're also looking at some
additional means that we have to provide some separation from
bike path, pedestrian walkways on Glades and Palm from the
major transportation road as well. So there's a number of things
that we are doing in response to this.
CHAIRMAN CONSTANTINE: And if you could read the
second name again. Whomever is second on the list or is on
deck, as we say it, thanks, then we're just going to have you
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June 13,2000
come to the front. If you're already in the front row, great. But -- MR. ADEI. STEIN: I would think our attorney would like to
speak before we do, if that's possible.
CHAIRMAN CONSTANTINE: We're in the order we're in,
which is standard board policy.
MR. ADELSTEIN: Thank you.
COMMISSIONER MAC'KIE: Mr. Chairman?
CHAIRMAN CONSTANTINE: But just as we go, if whomever
is second, and if you're already in the front, great. But for
anybody else, as we go through it, when you hear your name as
the following speaker, if you'd just come up by the doorway so
we could move it along.
COMMISSIONER MAC'KIE: I wonder if it would be useful if
the board agrees with what Mr. Olliff and Mr. Kant have just
outlined as a plan to try to at least measure this problem and to
provide some solutions to it, is it something that a majority of the
speakers agree with, or is it -- do we need to continue the
discussion? It sounded like such a reasonable solution to me.
MR. OLLIFF: I think there is one issue to be decided today.
And the one issue is whether we put what we're calling the pork
chop, the right turn restriction, out of that exit onto Glades
Boulevard in now, or do we wait for some traffic counts to
determine it's actually needed from our perspective.
CHAIRMAN CONSTANTINE: And I will tell you, I too have
met with some of the homeowners and the leadership of the
community, Mr. Appel and Owen, and I lean toward restricting
that. I hate to wait until it's a problem. It's an opportunity for us
to be proactive.
And when Mr. Kant says gee, that's the only other
opportunity to go south, that's probably the reason why I would
want to see that one restriction in there. I realize it may be an
inconvenience, if you happen to live in the Glades. However, if
the community is telling us they would prefer to have that minor
inconvenience in lieu of having more traffic come through there, I
would probably honor that, in my opinion. Mr. Hooley?
MR. HOOLEY: I'm John Hooley. I'm president of the East
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June t3,2000
Naples Civic Association. I want to thank Mr. Olliff and Mr. Kant
for meeting with us yesterday and going over everything.
I'm not going to take up much time. Basically what you're
doing is you're having a commercial impact on a residential
street and I think that's what has everybody's attention here. So
you're providing integral commercial access to Home Depot. And
everybody in this room recognizes that Home Depot is a step up
from the way Scotty's was being run.
But you're also asking the people of the Glades to give up a
certain residential aspect of the Glades Boulevard. And all
they're asking is that you restrict people coming east on Glades.
This isn't going to do anything for the increased traffic that's
already going to be coming west on Glades and turning into
Home Depot. But what they're saying is look, we know there's
going to be increased traffic. We're willing to go along with a
median cut there. Give us a little relief by prohibiting people
from going east on the Glades.
So then you need to take a look at the risk benefits. My
understanding from yesterday from talking with Mr. Olliff and Mr.
Kant was that Home Depot doesn't object to it, that Home
Depot's going to pay for it, the pork chop. So then I say okay, it's
not costing us anything. What are the benefits? Everybody
recognizes that there's going to be a decreased traffic flow to
the east, and that's a good thing for everybody who lives in the
Glades, and that's all they're saying here.
So I think the county's been reasonable, but taking it from a
logical point of view, we're going to do traffic counts in
November. Instead of doing the median cut and putting the pork
chop in all at once, we're going to do traffic counts in December.
I'm sure there's going to be a factor for the seasonal change.
But then in the middle of December or January, we're going to go
out there and put a pork chop in, we're going to do road work at
high season?
COMMISSIONER MAC'KIE: John, I have one -- one place
where I would disagree with what you said and that is that when
we do this cost benefit analysis, we see that the cost, the
benefit, depending on which side you're on -- I guess the benefit
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June 13,2000
from your perspective -- is that less traffic would be going east
through the Glades.
MR. HOOLEY: Right.
COMMISSIONER MAC'KIE: And that's a good thing, I agree.
But the traffic isn't going to, you know, pool into the air.
The other side that you didn't mention is that it's more
traffic going on Airport Road. And I'll tell you that the board had
said we want to encourage other patterns of traffic. We want to
see traffic off of the major arterials so that we don't end up with
16-lane slabs of asphalt through our county.
I was persuaded that that was absolutely the end of the
discussion, frankly, until my meeting with Donna Fiala and some
of the property owners -- actually, it was the subsequent meeting
with Donna. She pointed out to me that what we're talking about
here is commercial traffic. We're not talking about what the
board keeps saying, we want people to be able to get a loaf of
bread without getting on a major arterial.
There -- although, there's certainly lots of homeowners who
go to Home Depot, there are also a lot of commercial users. And
that's what tips the scale for me. Because although you're right,
less traffic in the Glades is good, that one's offset by more traffic
on the arterials is a problem.
But considering the nature of this traffic, as Donna pointed
out to me, that's commercial, that's inappropriate in a residential
neighborhood.
So I think I'm going to loin with you, Tim, and say let's go
ahead and do it.
CHAIRMAN CONSTANTINE: And I think it goes a step
beyond, too. The arterials are designed to handle literally tens of
thousands of cars a day. The neighborhood streets aren't. And
when we talk about trying to increase, you know, those
neighborhood type uses, we're hopefully encouraging that in the
new neighborhoods, but I hate to force that on existing
neighborhoods. And that's probably the only difference there,
which may further your --
COMMISSIONER MAC'KIE: I mean, I would even be willing to
force it onto old neighborhoods when we're talking about a loaf
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June 13, 2000
of bread for people, you know, driving through a residential
neighborhood. But this is a commercial kind of truck traffic, and
that's a different story.
MR. HOOLEY: Yeah, and I'd just make one more point, that
you're right to want to keep people off of the main arterials. But
you've got to also look at when you're looking at traffic on the
main arterials. You're really looking at it during the rush hour. I
mean, if you go out there at 7:00, Home Depot is still going to be
open, and it's not going to be a big deal. So you have to sort of
see the traffic patterns, are they really going to be from 8:30 to --
or 8:00 to 9:00 or what. But thank you very much.
CHAIRMAN CONSTANTINE: We will certainly entertain all
the speakers, but it sounds like we may have a majority who are
in favor of installing that pork chop. I don't want to get ahead of
ourselves but--
COMMISSIONER MAC'KIE: Well, we have two.
CHAIRMAN CONSTANTINE: -- you may be preaching the
choir here.
MR. ADELSTEIN.' I got the feeling that I might be. At least I
hope I am.
First of all, I do want to thank --
CHAIRMAN CONSTANTINE: For the record, you are?
MR. ADELSTEIN: I want to thank the -- Commissioner
Constantine --
COMMISSIONER CARTER: For the record, sir, you are?
MR. ADELSTEIN: Pardon me. I am Lindy Adelstein.
CHAIRMAN CONSTANTINE: Thank you, sir.
MR. ADELSTEIN: It was a pleasure to meet with the three of
you. I want to say the input I got from you was not only
interesting but very helpful.
Also, it was a pleasure to deal with Mr. Olliff. I have not
dealt with many people with the honesty and ethics that he
showed.
I don't want to reiterate this situation. It's a very simple
one. It's a question of safety. People's lives are in jeopardy.
The only thing that separates our walkers from the cars is a
painted white line. 50 percent of the people in the Glades don't
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June 13,2000
play golf. They walk, they jog and they bicycle. Putting
additional traffic, especially in the evening hours, could be a
health risk.
Waiting four months to decide we should have done it is not
the way to handle this. It's a risk of life that's far more important
than any other issue. One person is injured or killed, and how
will any of us feel? I don't think we have an alternative. I think
now is the time.
We met with Home Depot. They not only acknowledged our
other proposals, they said they were in favor of this pork chop
being put in now with a right turn only. Not only are they in favor
of it, they're willing to pay for it. If we want it, they will accept
it. Why can't the County Commissioners do likewise? Thank
you.
CHAIRMAN CONSTANTINE: Thanks. Our next speaker is?
MR. OLLIFF: Harold Appel, followed by Carmelina Curro.
CHAIRMAN CONSTANTINE: Good morning.
MR. APPEL: Good morning. And again I want to thank you
all for your cooperation, Mr. Olliff and Mr. Kant, who was very
kind, with his group. I have --
CHAIRMAN CONSTANTINE: If you'd be so kind as to identify
yourself for the court reporter.
MR. APPEL: Harold Appel. I'm president of the Glades
Country Club and Condominium Association. I represent 1,253
families. But I'm also speaking for Lakewood, Sunrise III, IV, and
Naples Sunrise, as well as Winter Park, which amounts to close
to 4,000 families. I have 700 -- roughly 700 petitions here that
originally asked for no curb cut on Glades Boulevard. I'd like to
turn these over to Tom.
And realizing, as Lindy mentioned, that we met last
Wednesday evening with a representative from Home Depot. She
flew in from Ohio and called me and said she could be there
around 7:00, would I meet. And our committee met with her,
took her around, showed her what our problems were. She didn't
object to any one of them.
She agreed of course with the pork chop, which was the
sacrifice that we were making that I have to explain to my
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June ~3,2000
owners who have signed the petition, that we couldn't get --
close the cut. However, I felt that we should and could get the
right turn only coming out of Home Depot.
Along with that, and part of that traffic is going to include
Palm Drive, which there are some 700 to 800 golfers daily that go
across Palm Drive from the 12th hole to the 13th hole, come
back from the 14th hole to the 15th hole. We've had a number of
times when it's been a rather dangerous crossing. A car stops to
let the golfers go, and some fool comes around the inside and
here these people are trying to get across in front. They were
kind enough to tell us that they would add some signs there, and
as I say, the truck signs and the no U-turn.
So this is the one issue that I think would put us over the
top, let's say, get satisfaction for both Home Depot, for us, and
we would appreciate it.
CHAIRMAN CONSTANTINE: Thank you.
MR. APPEL: Thank you.
MR. OLLIFF: Carmelina Curro, followed by Donna Fiala.
MS. CURRO: My name is Carmelina Curro, and I live at 39
Glades Boulevard, Apartment 1. The driveway of my
condominium is located approximately 75 yards from the
proposed entrance to Home Depot. Using Glades Boulevard as
the main entrance to Home Depot will put my life in jeopardy
every time I leave the driveway. It will be impossible to exit my
driveway, as Glades Boulevard will be the shortcut to the
proposed entrance.
Everyone will shortcut from Davis Boulevard to Lakewood
Boulevard to Glades. This will cause a major backup on Glades
Boulevard, Palm Drive and Lakewood Boulevard. What we have
experienced with the county worker commuters will be nothing
compared to what the Home Depot traffic will be like.
Children's lives will be at stake while waiting for their
school buses. Cars do not stop for school buses now. What will
it be like with the increased traffic? Walkers probably won't be
able to walk anymore. I guess we'll all have to stay put and
vegetate because no one has had the foresight to see what an
impact this entrance will cause the residents of the Glades
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June t 3, 2000
Country Club.
CHAIRMAN CONSTANTINE: Let me interrupt you right there.
That's why we're here today.
MS. CURRO: Okay. Why do you insist on putting excess
traffic onto a residential area when you have six and eight-lane
highways built to handle heavy traffic?
CHAIRMAN CONSTANTINE: Let me interrupt you again.
We're not insisting on that. We're here to talk about it today.
Nobody on this board is insisting that.
MS. CURRO: We are truly concerned about our safety, and
hopefully this will not be a situation of hindsight. We fear for our
lives and safety. We do not want to be statistics. Thank you
very much.
CHAIRMAN CONSTANTINE: Before we go to any more public
speakers -- thank you. Let me just poll the board real quickly. Is
there anybody who thinks the -- the lamb chop, I was going to
say -- the pork chop --
COMMISSIONER BERRY: Either one, lamb, pork.
COMMISSIONER MAC'KIE: This is Naples.
CHAIRMAN CONSTANTINE: -- is a bad idea?
COMMISSIONER BERRY: No.
CHAIRMAN CONSTANTINE: Is the board in general
agreement?
COMMISSIONER BERRY: Yes.
COMMISSIONER CARTER: Yes.
CHAIRMAN CONSTANTINE: Is there anyone who is signed
up to speak who is against the --
COMMISSIONER CARTER: Pork chop.
CHAIRMAN CONSTANTINE: -- pork chop? Because what we
can do -- I mean, everybody is more than welcome to speak. But
I just -- as you come up and try to convince us, it appears we
have four commissioners who have already convinced us -- we
have four commissioners who are already convinced so --
(Applause.}
CHAIRMAN CONSTANTINE: We'll call each of the speakers.
You're welcome to waive your choice to speak at this point if you
want. You are welcome to come to the podium and try to further
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June 13,2000
convince us if you want as well. But just so you know, you're
preaching to the choir.
Donna Fiala will be followed by?
MS. FIALA: Well, I just want to say that -- you already told
us that you're in favor of it, too. And I don't see any reason for
me to belabor this subject any longer. Thank you.
CHAIRMAN CONSTANTINE: And that is Donna Fiala.
MS. FIALA: Thank you very much from all of us.
(Applause.)
MR. OLLIFF: Next speaker is Richard Busche.
CHAIRMAN CONSTANTINE: Mr. Busche? He's waiving.
MR. OLLIFF: Chuck Borysiak. William Antonacchio.
MR. ANTONACCHIO: I can't very well stand up.
COMMISSIONER MAC'KIE: Give him a hand, David.
MR. ANTONACCHIO: My name is William Antonacchio. I live
on Palm Drive. Been a resident of the Glades for 27, 28 years.
Our main consideration should be the safety of the children and
the elderly.
Now, Home Depot will be open until the late hours. Many of
our people walk in the late hours when there's the cool of the
day, and it would be a great safety hazard for them if we have to
face all of this additional traffic.
And I would bring to your attention in today's Naples Daily
News in the editorial page, it is very enforcing as to what should
be done about the Home Depot situation. We welcome Home
Depot to our area. Thank you.
CHAIRMAN CONSTANTINE: Thank you.
MR. OLLIFF: Last speaker was Steven Falk, who is here
representing Home Depot, and I think only available to answer
questions.
MR. FALK: Thank you, Mr. Chairman and Commissioners.
Steven Falk, from Roetzel and Andress, on behalf of Glades
Country Club. I'll keep my comments brief because I realize I'm
taking to the choir.
I simply ask that you direct staff to have this pork chop
installed as a condition of the site plan as opposed to waiting
until the traffic count in November.
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June 13,2000
COMMISSIONER MAC'KIE:
chop.
CHAIRMAN CONSTANTINE:
MR. FALK: Thank you.
CHAIRMAN CONSTANTINE:
Yeah, it's not an actual pork
Right. Those of you salivating.
And I think we know where the
board's going to go. Let me just say one thing before we do that,
before we have a motion and a vote, and that is -- Commissioner
Berry alluded to it earlier -- there have been a number of letters
to the editor saying gee, why is the commission doing this, why?
I know sometimes it's easy with government to assume the
worst.
The truth is, the Board of Commissioners until today hadn't
heard this item collectively. We had sat down with a number of
the representatives. And I think hopefully this is a good example
of how government works and is supposed to work. And that is,
when you have a concern, express it to your local
representatives and by golly, surprise, surprise, they actually
hear you.
And so I think we're on the right track and I just appreciate
those of you who have come to work with the board and work
with our staff. And I think we've come to a result that
everybody's happy with.
We will entertain a motion.
COMMISSIONER MAC'KIE: Motion to approve the staff
recommendation --
COMMISSIONER BERRY: Second it.
COMMISSIONER MAC'KIE: -- with the exception that the
traffic diverter also known as the --
COMMISSIONER CARTER: Pick your animal, right?
COMMISSIONER MAC'KIE: -- pork chop be installed now
instead of after later counts.
COMMISSIONER BERRY: I second it.
CHAIRMAN CONSTANTINE: There's a motion and a second.
Any further discussion? Seeing none, all those in favor of the
motion, please state aye.
(Unanimous votes of ayes.)
CHAIRMAN CONSTANTINE: Motion carries 4-0. Thank you.
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June 13,2000
(Applause.)
MR. KANT: Thank you, Commissioners.
CHAIRMAN CONSTANTINE: It's 11:05, which means we'll hit
those 11:00 items. And we'll just wait a minute or two until the
room clears.
(Brief recess.)
Item #8A3
DISCUSSION ON THE OVERALL TOURIST DEVELOPMENT TAX,
PROGRAMS, AND BUDGETS
CHAIRMAN CONSTANTINE: Hi, we're back. And let's see,
this brings us to the tourism items, which were promised to be
heard at 11:00. And by golly, we're pretty much on schedule.
Discussion of the Board of County Commissioners on the
overall tourist development tax programs and budgets. Hi there, Mr. Mihalic.
MR. MIHALIC: Good morning, Commissioners. For the
record, I'm Greg Mihalic from the housing and urban
improvement department.
And we've added this item on to give you a point of
discussion of the overall policies, procedures and budgets for the
tourism development funding. What you really have is a preview
of the sheets that are going to be in your budget packet for the
budget hearings that show you what the balances are for fiscal
year '01 in the different Tourist Development Council areas.
Really, I mean, what you have is a $9 million a year
collection fund here, which is really split two ways. 81 percent
of the money goes into beach renourishment and other beach
activities, and about 19 percent goes for other activities. The
other 19 percent goes into your B funding for your advertising
and promotion special events.
From that you have the option of then taking 15 percent or
half of that money and further setting it aside for museum
activities.
About a year and a half ago the board opened up the
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June 13,2000
ordinances, the TDC ordinances, for museum activities to allow
private nonprofit museums to apply for the funding. And then
about a year ago we expanded the funding from museums from
up to 7 percent of the 2 percent collections, to up to 15 percent
of the 2 percent collections. And that puts us at about $820,000
a year potentially to fund museums.
If you'd like me to walk you through the budget offices now.
Sort of reformatting these funds, because of the changes in the
last few years that have occurred in the ordinances. And what
they're recommending is that there be a separate sheet, Tourist
Tax Fund 193, which will be segregated for Category C, or
museum allocations. There would be a second fund, 194, which
would be Category B, which would be tourism promotion and
special events. A third category, 195, which would be all your
Category A funding, beach renourishment, as well as any fishing
piers that you may decide to fund, which is a subcategory of
Category A. And then fund 196, which is disaster recovery,
where 2 percent of the Category B money gets set aside for
disaster recovery of the advertising and marketing sense from
any national -- natural disaster that may occur.
COMMISSIONER MAC'KIE: Just to take this piece by piece,
that's a great idea, in my opinion. Do we need to take any
official action to make that, or is that your job, Tom?
MR. OLLIFF: That's the way we've structured the budget for
you to look at this year.
COMMISSIONER MAC'KIE: Wonderful.
COMMISSIONER BERRY: Okay. I do have a question about
that 2 percent.
MR. MIHALIC: Yes, ma'am.
COMMISSIONER BERRY: If you do this year after year -- and
God bless us, I hope we don't have to use it -- is that 2 percent
every year cumulative? In other words, do you take the 2
percent this year and then you have that amount set aside this
year? Is it carried forward if you don't use it this year?
MR. MIHALIC: It is carried forward until it gets to a
$1,047,000.
COMMISSIONER BERRY: That is the cap then?
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June 13,2000
MR. MIHALIC: Yes.
COMMISSIONER BERRY: Okay.
MR. MIHALIC: And once we get to that 1,047,000, we will no
longer divert any additional money into that category.
COMMISSIONER BERRY: Okay.
MR. MIHALIC'. Now, there are some yearly expenses from
that category. About $37,000 a year gets set aside for redoing
the plan and reentering into the contracts that we have for
outstanding advertising. Other than that, the fund sits there and
rolls over from year to year. We really have an open purchase
order for that amount sitting out there, depending on whether
there's a Phase I, Phase II or Phase III disaster relief activity that
needs to be taking place.
COMMISSIONER BERRY: Okay.
MR. MIHALIC: I guess I'd like to answer any questions that
you might have of the overall program or how the money is
allocated or these budget sheets. What can I answer for you?
CHAIRMAN CONSTANTINE: Questions for staff?
COMMISSIONER MAC'KIE: Well, I have more questions
about the authority that we delegate to the Tourism Alliance.
And I don't know if-- that's probably more appropriate --
MR. OLLIFF: 8(A)(5).
COMMISSIONER MAC'KIE: -- for further later items that --
MR. OLLIFF: I would suggest under 8(A)(5} where we
actually talk about the alliance agreement.
CHAIRMAN CONSTANTINE: Okay.
COMMISSIONER MAC'KIE: I can wait.
CHAIRMAN CONSTANTINE: Anything else on this item?
COMMISSIONER MAC'KIE: Just a big thank you for making
the -- giving us a picture. That was very useful, very helpful.
CHAIRMAN CONSTANTINE: Any speakers specific to that
item, 8(A)(3)?
MR. OLLIFF: No, sir.
Item #8A4
PRESENTATION BY OFFICIALS OF THE TOURISM ALLIANCE OF
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June 13,2000
COLLIER COUNTY REGARDING CURRENT ACTIVITIES,
MARKETING PLAN, AND APPLICATION PROCESS - MARKETING
PLAN APPROVED WITH CHANGES
CHAIRMAN CONSTANTINE: Well, we'll move on then, to
Item 8(A}(4), presentation by officials for the Tourism Alliance of
Collier County regarding current activities, marketing plan and
the application process. Hi.
MR. CAUTERO: Good morning, Mr. Chairman and
Commissioners. Vince Cautero. I'll be very brief.
You asked for this item at your May 23rd agenda. What we
have included for you in your backup information are a series of
documents from the Tourism Alliance officials, including their
application packet and an executive summary of their marketing
plan.
The commissioners may be aware that Commissioner
Constantine and I had the pleasure of meeting with the Tourism
Alliance board of directors a little over a week ago and speaking
with them about these items. And Mr. Olliff and I were in
attendance as well. And I think what you'll hear today from the
representatives of the Tourism Alliance is an overview of their
program, their application packet, as well as their input on
several issues that have come to the forefront. They have
written several of you various letters, the chairman has, on
several items.
Tammy Matthews is here today, and I would ask her to come
up at this time and make a brief presentation, an overview of the
information in the packet. And I believe their chair elect, George
Purcell, is also here today and may say a few words to you.
COMMISSIONER MAC'KIE: As that's happening, Mr. Olliff,
again, my question, if it's more appropriate under 8(A)(5}, but the
kinds of questions that I'm going to have, just so you can tell me,
are when -- who makes the decision when an RFP is appropriate?
Who makes a decision what the terms of the RFP would be?
Who makes the decision on what the process is for interviewing
the applicants for the RFP? Typically, I mean, in regular county
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June 13,2000
business, that kind of thing comes to the County Commission to
decide if staff is going to issue an RFP or not. That kind of thing
comes to the County Commission to set policy about who sits on
the committee that reviews the responses to the RFP's. That's
the category of problem that I have with the process here. And
again, if it's under 8(A)(5), I'll wait. But it kind of feels like it
might be 8(A)(4), too, since that's where they have things like the
application.
COMMISSIONER BERRY: I have a --
COMMISSIONER MAC'KIE: It troubles me.
COMMISSIONER BERRY: I had a problem when I reviewed
the RFP's, because there's some information they're asking for in
there that there is no way -- I don't think it's any of their business
when you start asking who their clients are and how much you
charge those clients. This is public information. And I can't think
of any client that is going to willingly disclose that information.
If I were the person that was doing business -- in other
words, a company was doing business with me and I was
spending several hundred thousand dollars with that person, I
wouldn't want them putting my expense on their application to
gain -- I just -- and they did it twice that I observed in here. And I
think it's wrong.
MR. OLLIFF: Let me try and get to the quick, short answer
of that. Currently under your current agreement, that
responsibility for how -- and I'm assuming you're talking about
the film commission issue. The film commission's responsibility
is being delegated to the Tourism Alliance. That is a board
decision as to whether or not you want to continue to delegate
that to the Alliance, if you want to put certain restrictions on
how that's delegated to that so that there's going to be a
requirement for how it functions.
Right now it is their responsibility to decide how that
functions. There is a new funding agreement before you, and
should you want to make some changes to that, today's the
opportunity to do that.
CHAIRMAN CONSTANTINE: Using that example, what I
would hope in the future is rather than say as part of the
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June 13,2000
package and part of the presentation we may do an RFP and see
what we come up with, please fund it, is to have done the RFP's
in advance. Here's what we came up with as the best, here's
what we would like to include in the plan. An RFP process
should be done in advance, so that if you have a particular idea
for how you want to move forward, be it a film commission in this
case or any other idea, there ought to be some specifics while it
gets its way to the board instead of simply gee, we'd like to do
an RFP, who knows how it will turn out.
COMMISSIONER MAC'KIE: Well, and that -- and what
troubles me about that comment is that here is the example that
I'm aware of, is the film commission. I'm also aware of the
application that the Marco film group, in the fact that they
weren't allowed to participate thoroughly in the interview
process. You know, I don't want to just carve out the one
problem I've found. I -- it gives me a flag that there may be some
issues out here that we've delegated too broad an authority. And
that what I wish we would do, I think, with the Tourism Alliance
is to delegate to them the same responsibilities that we have
with staff. Where they come back in and they say we're thinking
of doing an RFP, just like you do.
MR. OLLIFF: And you can do that in terms of how you
structure the funding agreement. And you can direct us as we go
negotiate a funding agreement to structure it any way that you
think would work better if you are frustrated with the current.
COMMISSIONER MAC'KIE: Well, then be thinking of those
things, Mr. Weigel, for 8(A)(5).
COMMISSIONER CARTER: I have some problems with some
of this. And you know, you're going to sit here and micromanage
as the board of directors? Or are you going to set policy? And
are you going to take this Tourism Alliance and they're going to
work as an umbrella?
And sure, we can give them some guidance and direction,
but I'm not so sure every time they put out an RFP that I want to
sit here as a commissioner and have to do this piecemeal. I'm
right back to where I was before. So I'm very cautious about my
role as a policy maker versus getting into micromanaging.
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June 13,2000
CHAIRMAN CONSTANTINE: I'm certainly not suggesting
doing it piecemeal. I'm suggesting that process should be
completed when they come with their whole package.
COMMISSIONER CARTER: I would agree. There needs to be
some fine-tuning in this.
COMMISSIONER MAC'KIE: And likewise, what I thought we
were doing with the Tourism Alliance -- and again I'll stop after
this, because it's really for the next item, is I thought we were -- CHAIRMAN CONSTANTINE: Get it out of your system now,
that's fine.
COMMISSIONER MAC'KIE: -- is that we were creating an
advisory board that would make recommendations to the TDC
who would make recommendations to the County Commission,
who would make decisions on how the money was spent. And
that's not what we did. MR. OLLIFF: No.
COMMISSIONER MAC'KIE: That's what I intended to be
doing.
CHAIRMAN CONSTANTINE: No, and we had that discussion
last week at the Tourism Alliance, that I think -- certainly what I
thought and I think what the board thought when we created the
Tourism Alliance was to put together a brain trust of a couple of
dozen of the people who are the best in that industry and can
pull together various ideas but not to write a blank check or give
carte blanche.
And I don't think the intention is to micromanage, but I think
particularly with the problems that have cropped up over the
past few years with the tourist dollars, the board is squeamish
and a little skittish about just saying, you know, good luck, God
bless you. And so I think the board just wants to make sure
when those ideas come back from that brain trust that we have a
chance to go through them in some detail and look and say yes,
that's what we had in mind, or boy, what are you guys nuts, this
part's not what we had in mind or something.
COMMISSIONER CARTER: And I think part of the problem
here is that we haven't had a regular review process with them.
And I think a lot of that would be corrected if we did that so that
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June 13,2000
they are the trust, they are the ones that we have given direction
to so that we could clear these up as we go. But I -- for myself, I
don't want to get back into micromanaging, myself. I don't want
to see every special event in front of me. I want to be out of that
business. I want for us the big picture to be brought forward. I
want to know how we're going to do it, when we're going to do it,
what are the guidelines, and that everybody understands how
they go through this process. And if we had more frequent
reviews or reports, we could probably head off some of these
issues of confusion that exist with the board today.
CHAIRMAN CONSTANTINE: Commissioner Berry?
COMMISSIONER BERRY: Well, Jim, I think you kind of hit
the nail on the head. The problem is that either we haven't
conveyed something -- there's been a link here that somehow has
not gotten transferred. It was my understanding that we
developed -- or the Tourism Alliance was developed to look at
special events, and obviously the promotion overall. That was
their big -- that was their big thing to do.
And it was my understanding that when the special events
groups, whoever they may be, that at a point in time in a year,
they would come before the Tourism Alliance and present their
applications. Okay. And they would -- and then at that point in
time the Tourism Alliance would look at all of these special
events that were making their applications and look at how they
would promote that event, if it fit into something that they
wanted to promote in Collier County. In other words, this would
be in the best interest of Collier County to promote this area. All
of Collier County.
COMMISSIONER CARTER: Yes, yes.
COMMISSIONER BERRY: Okay. So we're not going to single
out an area here and nothing over here. And at the same time,
we're going to -- when we put our information out, we're going to
put out information that covers all of -- let's say from the
advertising standpoint, all of the properties in Collier County that
would cater to tourists. In other words, all the little
mom-and-pop organizations, as well as the big houses, and all
those kinds of things. Attraction's the same way. That was --
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June 13,2000
COMMISSIONER CARTER: Right, all of their marketing plan.
COMMISSIONER BERRY: The marketing plan. Okay. That
was my understanding of what was going to happen.
And then looking at the special events, they would be also
looking to help fund some of those special events, at the same
time promoting those special events in their material that they
were using for that particular year and doing this a year at a
time.
COMMISSIONER CARTER: In their overall marketing plan.
COMMISSIONER BERRY: In their overall marketing plan.
I haven't seen this. Because I'm going to tell you, when I
look through the material that's in here, I don't mean to be
critical, guys, but some of the things that I saw here, there isn't
one thing in here that says wow. Collier County should be wow.
We've got the potential to be wow. And when I looked at -- I'm
sorry, but I looked at the gal laying on the beach, the back side
exposed to, you know, the world. That's Miami Beach 20 years
ago. And that's not Collier County. And there's so much -- I just
saw a lot of tired things in here.
Now, if there's something new that you're going to show me
today that I haven't seen -- and when I looked at one other
brochure that I was given and I saw a property that's been torn
down on Fifth Avenue and it's still being advertised, I got a
concern about this. And I'm saying well, what are we -- as
commissioners, we're allocating these dollars, and what are we
really getting?
And I have to tell you, there's a lot of paper in this book that
we were given, but I'm not really impressed with what I'm
seeing, guys. I just think we can do better. And so that's my big
concern. And maybe we've had a misunderstanding. Maybe we
haven't conveyed what our expectation is. But I've got a real
concern about what I'm seeing here. Because I'll tell you, what I
look at here, I don't think I'd be romping to Collier County if I
were a tourist. I'm sorry. We've got everything in the world to
promote down here. But this is tired. Sorry.
CHAIRMAN CONSTANTINE: Final thought, and that is it
goes along the lines with your special event comment. What we
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June 13,2000
talked about last week at the Tourism Alliance is I didn't expect
that the Tourism Alliance, these couple dozen folks that are
more in touch with the needs of the county as far as tourism than
anybody else, would just be sitting and waiting for special event
people to come to them. I envisioned that encompassed in their
overall marketing plan for the year they would think out loud
what marketing events would fit, what special events would
actually fit in as part of that package.
And I had said in the newspaper the other day, you know,
whether that's a blues festival or country and western festival or
pick whatever, or whatever it happens to be in any given year,
what it might be one year may not be the same the next. There
may be things that fit year after year after year. But I don't think
we should just sit and wait for somebody to come forward. I
would hope that you all as leaders of the tourism industry would
think golly, we've got an opportunity to take X, Y Z events and
plug it in and draw people in. And I don't know that we
communicated that clearly that that was our expectation either,
but hopefully we have at this point.
So let's go ahead and hear the presentation. I think you may
hear from a couple of board members some concerns about parts
of it. But that's why we're here. So let's hear the presentation.
Hi, George.
MR. PURCELL: Good morning, commissioners. My name is
George Purcell. I'm the vice-chairman of the Tourism Alliance of
Collier County, and I'm here on behalf of Joe DiNunzio, who's the
chairman, who's unfortunately out of town.
I welcome your comments, and I really appreciate what
you're saying, because this is really one of the first times that
we're having bilateral communication, and we really appreciate
that.
We would like to recap -- at least in my portion of the
presentation, I would like to recap to you how the Tourism
Alliance came about at the behest of the commissioners, and to
give you a little bit of a background as to what we're planning to
do.
I think Commissioner Berry's comments are very apropos in
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June 13,2000
the fact that we are looking forward to improving some of things
that have happened individually in the past.
I would just like to comment, some of the things that you --
comments that you made prior to me being asked up here to
speak. We are very much in favor of regular reviews. In fact, we
requested at the last board meeting that an audit be conducted
of our activities for the past year. And that was a resolution of
the board that is coming forward through the TDC.
We are a volunteer board, and we dedicate our time to this
voluntarily because we believe that tourism, especially when we
promote it in the off season, is very beneficial to the community
in many, many ways.
Special events, I would just like to mention at the outset, is
something that was not part of the first contract that the
Tourism Alliance signed with the Board of County Commissioners
last year. The special events in fact become part of our funding
for the year '0001.
So this year we have gone out of the way and we need to
request funding separately for the special events that we
recommend. The -- we will mention how we came about in that
in the -- to get to the special events funding and how the special
event process has taken place.
But first of all, let me start with the benefits of the Tourism
Alliance of Collier County. And the benefits are primarily to the
beaches. We will show you that in statistical numbers of what
percentage of the revenue that is collected in bed tax in Collier
County is represented by that.
There is also considerable amount of funding that goes to
the museums, and most importantly, it creates continuity in the
jobs throughout the year in Collier County. We will indicate to
you as well what the value of those lobs are. And definitely there
are the tax revenues that are also being generated in Collier
County because of tourism and increase in tourism, especially in
the off season. In general, it adds to the prosperity of the
economy and of the community.
This is a general overview of how the TDC tax revenue flow
chart is. But I would like to indicate to you that 80.11 percent is
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June 13,2000
allocated to beach renourishment, pass maintenance, et cetera.
This is a benefit of all the residents of Collier County and not to
tourists by any stretch of the imagination. Now, what I'm talking
about, and there might be a little discrepancy from what Mr.
Mihalic indicated earlier, these are net numbers after the costs
are taken out of it.
The second largest portion of the money goes to -- is
allocated --
COMMISSIONER MAC'KIE: Pardon me. Is there a page like
that in this book?
MR. PURCELL: There is a presentation that you will be
receiving that Mr. Oilill has.
COMMISSIONER MAC'KIE.' It's kind of hard to see on the
screen, so I was wanting to get a little bit better. Sorry for the
interruption.
MR. PURCELL: That's fine. Interrupt any time.
COMMISSIONER MAC'KIE: Need my granny glasses.
MR. PURCELL: Gives me a chance to catch my breath.
COMMISSIONER MAC'KIE: Sorry.
MR. PURCELL: I'm on Page No. 3 right now, Commissioner.
COMMISSIONER MAC'KIE: Gotcha.
MR. PURCELL: 9.95 percent of the allocation goes to
museums, as it was already indicated. 8.62 percent goes to
advertising promotion and special events. When we say special
events, this will be in year '0001. And 1.32 percent is set aside
for the disaster fund, which is something net which we use for
advertising in case of a disaster, when we have another person
say on television that, you know, Collier County has gone off the
map, which we hope will not happen.
As you well know, the retention of the third-cent tax, which
you put on the ballot for last fall -- I'm sorry, earlier this year --
was overwhelmingly approved by the residents of Collier County
and the voters, and it indicates what the expectations are.
Bed tax collections increased 5.9 percent in fiscal year
'97-'98 to fiscal year '98-'99. And we're projecting a 9 percent
increase from '98-'99 to '99-'00. The impact of this -- the
economic impact is tremendous.
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June 13,2000
We generate, with direct and indirect economic impact,
approximately $1.3 billion of economy in Collier County. This is a
tremendous amount of money, and it really does benefit the
whole community, as we will indicate to you.
Now, in addition to all of these monies, the 6 percent sales
tax is also charged to the people who spend their money in
different parts of the county, be it on the rental of a boat or be
that on the rental of a room.
The tax revenues also generate approximately 20,000 jobs
in Collier County, directly and indirectly in -- which are
attributable to tourism. Which generates approximately direct
and indirect wages of $438 million, which is then again spent on
the economy of Collier County.
Now, again, I would like to reiterate that the Tourism
Alliance's charge is to promote Collier County during the summer
months, which is what we used to call the off season. But I can
attest to that, that in the last four or five years, those peaks and
valleys have significantly -- the peaks have been diminished and
the valleys have been brought up, so the economy is much more
stable.
This does prolong the jobs of individuals, it gives the
community greater stability, and it also provides greater
opportunity for people to come here and to prosper.
The history of the formation and development of the Tourism
Alliance, I would just like to highlight a couple of dates. On
August 31st of 1998, the Naples Chamber of Commerce
volunteers to conduct an independent study on tourism, and
tourism marketing for the county, and that the County
Commissioners at about the same time instructed Mr. Mihalic to
conduct a similar study.
On January 13th, 1999, the commissioners held a workshop
with Tourism and community leaders, which then came to the
formation of the Tourism Alliance of Collier County, which
previously were two different marketing boards, one for Marco
Island and the Everglades and the other one for Naples area,
including Immokalee and Golden Gate. And that came about on
September 21st that you announced the ordinance change and
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June 13, 2000
the -- I'm sorry, the TDC was approved by the County
Commissioners. And on September 21st, there was a change
made to provide greater funding towards beach renourishment
out of the original two cents. The 60/40 split went to a 70/30
split.
Now, we have worked very hard to satisfy the desires and
recommendations of the Tourist Development Council and the
County Commissioners, and believe that their recommendation
to form an umbrella organization to promote Collier County was
indeed a wide choice.
Our 25-member board is a very diverse and brings years of
experience in this umbrella group. All of our communities are
involved in working toward the same goals: Promote the
advancement and development of tourism in Collier County to
further economic prosperity for all citizens. That's a very broad
statement, but that is really what our mission is. And we
welcome you to change that mission.
If you wish us to change, we're more than -- we're open to
any suggestion that you can make to us. What we want to do is
provide a program that is continent with all the wishes of the
broadest sector of the community. And that's how the Tourism
Alliance was formed, and that's what it is today.
The special events programs, we're modeled after
successful communities such as Lee, Sarasota and Charlotte
counties. We took their background material, we incorporated it,
we took it to the Tourist Development Council for approval. They
reviewed it. And somehow along the way it must have come
across your desk on how -- what our purpose was going to be.
Application for special events was presented to the TDC,
both in October, 1999, there was a recommendation coming back
that it should not be restricted only to nonprofit groups. And then
again in January of 2000, it was amended by us and we returned
it and it was approved.
The application itself is relatively simple, but the criteria is
strict. We must have accountability. And that is one of our
primary goals. When funding is recommended and approved for a
special event by the TDC and the County Commissioners, then
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June 13,2000
we are prepared to assist the event in every possible way
through advertising, public relations, in-kind services, and as
comp. hotel rooms, meals to help them achieve success.
The film office is another problem. It's another question.
The film office was originally incorporated with Lee County. And
I don't want to go over territory, please stop me if I am. But it
was incorporated with Lee County, then it was split apart and it
was under the Economic Development Council and all the
funding came from the Economic Development Council.
After the split occurred, the Naples Chamber stepped up and
offered to host the person to continue the work of the film office
for Collier County separately. You asked us to look after the
funding for it. And approximately $68,000 was allocated for this
fiscal year for us to fund a film office, which then the -- went to
the Naples Chamber on approved bills.
In -- the Naples area applied for the funding in October,
1999. The TDC recommended it become part of the umbrella
organization of the Tourism Alliance, and it was approved by you.
And the Naples Chamber employed an individual to carry out the
office.
Yeah?
COMMISSIONER MAC'KIE.' And that's -- I get confused on
that point right there. And it's an important one to me from this
whole authority about who makes the decisions, because I
thought that the county, through using tourist development
dollars, had hired a woman to run the film office and had agreed
to pay expenses at the Chamber, who had graciously offered to
lease office space. But it never occurred to me that anybody
thought that the film office coordinator worked for the Chamber
or worked for the Tourism Alliance or worked for the TDC, but
worked for the county.
And that troubled me when the Tourism Alliance sort of on
its own decided, eh, we may hire somebody else, we're going to
send out RFP, we're going to decide -- and maybe that's where
the communication breakdown on that particular point came is
you've put here, you saw this person as an employee of the
Chamber of Commerce. That isn't the way I saw it.
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June 13,2000
CHAIRMAN CONSTANTINE: There are actually a couple of
minor factual errors in there as well. That's not the first time
tourism money or county money has helped fund the film office.
COMMISSIONER MAC'KIE: No.
CHAIRMAN CONSTANTINE: I helped broker the deal where
Lee County and Collier County worked together, and part of that
agreement was that we would provide some funding. That
wasn't how it was said.
MR. PURCELL: I appreciate -- appreciate --
CHAIRMAN CONSTANTINE: It's not that important but --
MR. PURCELL: I appreciate that. I was not involved at that
point and I may be misinformed.
But the fact of the matter is that we were unaware, just as
you are, as to whose employee this person was. In fact, they
were on the payroll of the Naples Chamber. And the Naples
Chamber then billed the Tourism Alliance, and as I understand it,
Commissioner, the Tourism Alliance signed a separate contract
with Collier County to be able to get access to these $68,000,
which were then simply allocated to the bills that the Chamber
presented to the Tourism Alliance and then passed to Collier
County.
COMMISSIONER MAC'KIE: But that was at -- in my
understanding, that was as a conduit in your umbrella overview
of all the funds, but not to have the hiring and firing decisions for
the -- for that office. Because that is more of an economic
development than a tourism related function, just as museums
are not under you.
We'll get to that again on the next item, but it was not my
intention that you would have that hiring and firing authority.
MR. PURCELL: We did not nor did we perceive it as our
opportunity to hire and fire. We were there only to try to
incorporate it and to work with this person to further tourism and
the promotion of Collier County.
COMMISSIONER BERRY: Then how did the RFP come about
for a new person?
MR. PURCELL: Well, let me explain that to you,
Commissioner.
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June 13,2000
COMMISSIONER MAC'KIE: That's firing.
MR. PURCELL: What happened was that the Chamber made
a decision in its board of directors for various reasons, which I
cannot explain to you, to terminate the contract that they had
with us in fact, the Tourism Alliance.
COMMISSIONER MAC'KIE: That's just space. That's --
MR. PURCELL: Pardon?
COMMISSIONER MAC'KIE: -- just where is this person going
to sit.
MR. PURCELL: Exactly. That was done -- they decided to do
this on May 31st. We were notified at the beginning of May.
Immediately -- and I served on a subcommittee that was
appointed by Chairman DiNunzio to talk with Maggie McCarthy
(sic}, and we had a meeting with her, and we asked her whether
she would be prepared to offer her services as an independent
contractor, just as Tammy does to the Tourism Alliance, which is
part of our contract. Because we wanted to continue and
provide continuity for this job.
We met with her. We gave her approximately 10 days to two
weeks to come up with a business plan, and with some sort of
options as to what she would do for the rest of the year. Now,
unfortunately, we never heard back from Maggie McCarthy.
During the same time, Joe DiNunzio asked Tammy to make
room for this person in her offices so that they will have some
place to work in. We made -- we took steps to take the
telephone lines so it could be transferred to the Tourism Alliance
office so that there would not be any loss in continuity. All right?
And what we found out is -- we never heard from Ms.
McCarthy again. All right? So the opportunity was there, but we
had to go to an RFP, because we felt our responsibility was to
provide continuity. We came up with an RFP which was again
copied from other counties so that we can put something out.
CHAIRMAN CONSTANTINE: Mr. Olliff-- excuse me just a
minute. I assume the pro rata share from May 31st till the
conclusion of this fiscal year won't be expended unless we have
some idea where the person is, and if there is a person actually
working day to day in this position?
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June 13,2000
COMMISSIONER MAC'KIE: What -- and surely-- I'm sorry, but
the net effect of what -- of your reasonable actions -- I
understand that you were reasonably trying to move forward and
approach this from a businesslike perspective, but it had the
opposite result of your intention. You know, we're getting letters
now from the governor's office saying good Lord, what's
happened, you don't have a film office, where's Maggie, we're in
the middle of these dah, dah, dah, dah, people are all over the
place.
Instead, we have no continuity. And that is a big problem
that we can address merely by taking the film commission out of
the umbrella. Because it is more akin to economic development
than to tourism development.
COMMISSIONER CARTER: Well, I'm not -- now, wait a
minute. I'm not sure I agree with that, Commissioner. First of
all, all they asked that person was, was for a plan. I received a
plan from that person last week. Now, this is six weeks after
they asked for a plan. It seems reasonable to me that anyone
that's in any function when asked that would have
communicated back, because I think that created part of the
confusion here.
COMMISSIONER MAC'KIE: I don't question that.
COMMISSIONER CARTER: And so that troubled me a great
deal that we don't have the continuity. And they were trying to
set it up so we would have the continuity. And if somebody
doesn't respond to me, what were their options? Well, perhaps
they should have come back to the board sooner till we get this
revolved.
But I can understand the actions that they took. And I know
now we do have a plan that's acceptable if that person stays.
I want to keep the film office. We need the film office. And
like you, I've gotten the letters from the governor and all of this
stuff. You know, we're not taking it away, we're just trying to
find out where we're going to house it and who's going to run it.
COMMISSIONER BERRY: Well, I can come up with a real
simple solution for that.
COMMISSIONER MAC'KIE: Yeah, me too.
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June 13,2000
MR. PURCELL: Commissioners--
CHAIRMAN CONSTANTINE: Let's hear where they go on
that.
MR. PURCELL: We will respect any decision that you make.
If you wish us to continue with it, we'll be happy to do it, if you
wish to remove it from our auspices, we'll be happy to go along
with that as well.
One of the things that I would like to mention, that in the
packet you have on Page No. 9 a breakdown of how the Tourism
Alliance of Collier County is made up. The Tourism Alliance is a
broad-based group and with all different representatives of all
different sectors of the community. We are asking you for a
three-year plan so that we can go ahead and create a compri -- a
concisive program that can go on and create that image of
Collier County that you want. And the input that you're going to
give us is going to weigh very heavily in the decisions that we
make.
CHAIRMAN CONSTANTINE: And just to be clear, on a
three-year plan -- and this is what we had requested at the very
beginning is annual funding so that if we decide a year from now
this isn't working, it gives you an opportunity to make
adjustments. But some idea, you're laying out a three-year intent
here and so that there can be that continuity. But you will have
annual funding requests.
MR. PURCELL: Commissioner, I believe that if we are able
to provide to our perspective vendors that we are again selecting
through an RFP and we put out an RFP process for the
advertising public relations and promotion portion of the -- for the
next three years. And we indicated to the vendors the possibility
of a three-year contract so that it would give them an opportunity
to give us a more comprehensive plan. Because going from year
to year and not having the certainty of being able to continue a
program and restarting a program every year is going to be very
difficult to make it as effective.
CHAIRMAN CONSTANTINE: I would assume the most
effective way to do that is issue an RFP that is a one-year
contract with two additional option years, as opposed to a
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June 13,2000
three-year contract.
MR. PURCELL: We can certainly --
CHAIRMAN CONSTANTINE: In other words, if somebody has
not performed, you're not stuck with them for an extra two years.
MR. PURCELL: Absolutely, absolutely.
COMMISSIONER CARTER: I would agree. Because we have
a three-year plan. We know where we're going. It's just a
question of how to fund it and whether we keep certain people or
not. Makes all kinds of sense to me.
MR. PURCELL: You know, we're prepared to go ahead in any
way you like. We're happy to serve on this. I think we contribute
a great deal to the community. And all in all, it is something, as
you can see in the logo in front of you and on the page, the five
different colors represent five different areas of the community.
This was something that you wanted. You didn't want different
areas of the community going separate ways. We are now going
collectively together.
The first year was difficult, just like it is in any venture. And
we've made some mistakes, and we're prepared to correct those.
And we appreciate all the positive things that you're giving us so
that we can make more positive action.
Now for that, I would like to introduce to you Tammy
Matthews, who's the president of the Tourism Alliance, and she
will walk you through briefly what our program is and what we
hope to do in the next three years for Collier County. Thank you
very much.
COMMISSIONER MAC'KIE: Question. At this point, is this
where we would comment on that we like this ad, do we not like
this? I mean--
CHAIRMAN CONSTANTINE: Let's hear the presentation for
what they're planning, and then after we hear that presentation,
that would probably be appropriate.
COMMISSIONER MAC'KIE: Well, that's my question. Are we
fund -- are we being asked to approve funding for the program
that's about to be laid out, or are we being told this is how the
money has been spent so far?
CHAIRMAN CONSTANTINE: I think we're looking at--
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June t3,2000
MS. MATTHEWS: You're going to get a little bit of both of
those.
Good morning, Commissioners. Tammy Matthews, for the
record.
I'm just going to briefly go over what we've accomplished to
date and where we're moving forward in the future.
When you look at ads and when you look at things that have
been developed in moving forward, as anybody who is in
advertising and promotion knows, you have to check the market.
And although we might say today that this is our market or this is
our ad, that might need to change three months from now, based
on the economic environment that's taking place. So I will
briefly go through our program for you as we move along.
The first thing that we try to do with our budget, which this
year was $1.4 million, is to stretch that budget for you to get you
your return on investment as we move into the economic
benefits of Collier County on behalf of tourism.
Right now we've stretched that budget by over $975,000 in
value added and savings media. When we talk about the RFP's
with vendors, what we're talking about and what we'll require
from them -- and, Commissioner Berry, those questions about
what we ask them financial-wise, you're giving them the
responsibility of placing media for you and you have to make
sure that they are riscally sound, that when they place the
media, that they are able to pay for it and wait for us to be
reimbursed from the county to pay them.
COMMISSIONER BERRY: Do you ask them specifically how
much they bill those clients and you want the name of the client
and --
MS. MATTHEWS: Absolutely.
COMMISSIONER BERRY: -- how much?
MS. MATTHEWS: Absolutely.
COMMISSIONER BERRY: And this is public record.
MS. MATTHEWS: It's standard industry practice in
advertising and public relations to provide that information.
COMMISSIONER BERRY: Well, I could understand it. But
when you're dealing with the county, if this information comes in,
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June 13,2000
this is public record. And these people sitting out here in the
back row, if they want to come and review it, they have every
right to pull those records. And if they happen to be in the
advertising business, if I were them, I would look at one of those
clients and if they're billing A, B, C, "X" number of dollars, I'd go
after that client.
And now as a person who is doing business for that client, I
have just broken confidentiality dealing with that client. And Joe
back there is going to go after that guy and try and nail him. I
have a little problem with that.
Now, I understand you're in the private sector, you might be
able to do that, because your records aren't open for the public
review. But when you're doing business with Collier County,
which you are, all of your records are open to the public.
Maybe I'm wrong on this, but if I -- I think some of your
business -- there's got to be business people out here, and you
tell me if I'm wrong on this, would you want to expose your client
list -- if you were in this kind of business, would you want to
expose your client list and how much you're billing them to the
public?
I would like to hear some other comments, because I don't
think there's too many people that would want to do that. I don't
mind your asking their financial stability, okay, but you can do it,
I would think, by a percentage, perhaps, of Client A provides "X"
number of dollars Client B. But when you start asking for, as you
do in here, for name and address and so forth of that client and
ask them -- and you're asking how much do I bill that person,
frankly, Tammy, it's none of your business.
CHAIRMAN CONSTANTINE: And I'll tell you how they handle
it at the International Airport, and they have a fairly lucrative
contract there, is -- you're right, financial stability is the key
question.
COMMISSIONER BERRY: Absolutely.
MS. MATTHEWS: Right.
CHAIRMAN CONSTANTINE: So they have a minimal bill. You
know, I mean, you've got to be an agency that does -- I don't
know what the number is, two million a year, five million a year --
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June 13, 2000
MS. MATTHEWS: Right.
CHAIRMAN CONSTANTINE: -- but they don't get into
individual contracts. And I think that's probably a little
cumbersome, I agree.
COMMISSIONER MAC'KIE: It would be fine to just go under
bid, whatever--
COMMISSIONER BERRY: You bet you. I could come back
and I could look really good.
COMMISSIONER CARTER: Well, perhaps that is a better
model what they do with other government agencies, and it's a
point well taken, is that in the private sector we can ask for a lot
more and it's not displayed. The public sector, you call me, you
write me, you E-mail me, it's public knowledge. So it's a different
arena. It's a different atmosphere. So perhaps you need to
revisit how much you ask for on that --
COMMISSIONER BERRY: Or the way you ask. I don't mind
your asking, Tammy, don't misunderstand, but I think the way
you're asking is wrong.
MR. OLLIFF: Mr. Chairman?
MS. MATTHEWS: And again, communication-wise, looking,
good point, private sector versus government. And we were
looking at it from a private sector standpoint --
CHAIRMAN CONSTANTINE: Mr. Olliff?
COMMISSIONER BERRY: You're government now.
MS. MATTHEWS: -- might keep a share of that in Southwest
Florida, that might help.
MR. OLLIFF: I don't want to interrupt but I just want to
remind the board that there are 27 registered speakers on these
items, just as we go along. So maybe --
CHAIRMAN CONSTANTINE: All right, let's get into this thing.
MS. MATTHEWS: In addition to the budget stretch that
we've achieved right now, we expect to double your budget. So
the 1.4 million that you gave us, we actually hope to stretch up
to 2.8 million to $3 million for expenditures in there this year
with our bargaining power out in the market.
Here's -- we have some examples of how we stretch that
budget. This is the Audubon insert that we also bring in the
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June 13,2000
Corkscrew Swamp photo safari into the area. This year it also
featured Naples, as we were working together on the two. This
was a $43,000 buy. We actually achieved $86,000 in coverage.
This is one of the promotions that's put on where catalogs
come to you. They're doing promotions in the northeast area.
They asked us to give some in-kind services of hotel rooms,
come and stay on a vacation to promote us. $13,000 worth of
value, we paid nothing for this.
Another stretch, working with a wonderful partner, which is
American Express, this is featuring Marco Island and Everglades
City in their card member billing statement. Naples has also
been featured. So we've covered the northeast and southeast
regions.
And in addition, American Express just printed a poster for
the Greater Naples area that has been mailed to their travel
agent data base. This is a value of $33,000. We paid absolutely
nothing for the entire program. Partnering with other sponsors.
In addition, we provide cooperative advertising
opportunities for our individual properties, both large and small,
and try to put things together where people can buy because of
the buying power of the destination. One example on that would
be the Connie Nass Traveler insert. And on this they were
allowed the opportunity to advertise with the destination. It
would have cost them $7,000 to advertise alone. Instead it cost
them 1,700.
COMMISSIONER BERRY: Tammy, do have -- now, have any --
has this been running?
MS. MATTHEWS: Yes.
COMMISSIONER BERRY: This has been running. Do you
have any statistics? Do you have any information back as to how
-- what you've gotten off of these ads? I mean, is there any way
that you could --
MS. MATTHEWS: Yes, we have a lead tracking report, and I
will certainly provide that for you, County Commissioner.
This is an example of an editorial and advertorial reach,
again, letting people advertise with a destination. They actually
saved 75 percent on their advertising rates, those individual
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June 13,2000
properties who advertised here.
Our ad increased by four pages of editorial on this one. The
travel agent has given us a page of editorial on eco-tourism,
shopping, attractions, different things for the next five issues,
with eight coming up. Our total program on this cost $58,000.
CHAIRMAN CONSTANTINE: Otherwise, it's pretty --
MS. MATTHEWS: Actually, we're at $514,000 in exposure.
That's 10 times the exposure on the dollar.
CHAIRMAN CONSTANTINE: I realize it's hard to hit your
pace when we keep interrupting, but I'm going to anyway. MS. MATTHEWS: That's all right.
CHAIRMAN CONSTANTINE: A couple of things. One, I
understand what you're trying to do, lay out what we've achieved
and earned, media and so on as well. But I want to focus some
on where do we go, particularly considering the fact that we
have as many speakers in the next couple of items as we do, on
where we're going, what --
MS. MATTHEWS: I'll go fast forward.
CHAIRMAN CONSTANTINE: -- we're being asked to fund.
On this item in front of us, though, one of the concerns -- and
I've heard other commissioners say this as well -- is the
appearance of some of the ads. I realize the value of the space;
however, this top one on the current display, "Naples, Florida,
Rich in Pleasures" ad is probably one of the less impressive ads
I've seen, visually speaking. And I realize what you're trying to do
there with some co-op work and all. But it isn't --
MS. MATTHEWS: You're going to see a new one coming up.
CHAIRMAN CONSTANTINE: -- not very attractive.
COMMISSIONER MAC'KIE: Good.
CHAIRMAN CONSTANTINE: And that's where I want to
focus is that there are some things that have been out this past
year that aren't very attractive. There are some pieces, I
assume these are newer pieces, that are very attractive.
Also, I understand you're actually using a different agency
this coming year, and that may be worth sharing with us as you
go through what the plan for the new year is, just to instill some
confidence on where we're headed that way. Because I think
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June 13, 2000
you're right, some of the stuff that's been --
COMMISSIONER BERRY: I'll tell you --
CHAIRMAN CONSTANTINE: -- presented has been tiring.
COMMISSIONER BERRY: This is looking good, Tammy --
MS. MATTHEWS: Beautiful, isn't it?
COMMISSIONER BERRY: -- okay? This is looking good.
COMMISSIONER MAC'KIE: Yeah, this one.
MS. MATTHEWS: Thank you.
CHAIRMAN CONSTANTINE: Let's see if we can focus on
where we're going.
MS. MATTHEWS: Okay. This is the upcoming Rich in
Pleasures program. As you see here, there is new creative. You
don't have the old white background icons that you were just
looking at as we move forward. Getting more attractive. This is
not the final piece. This is a dummy piece, because we're not to
the final yet on this.
In addition, here's the piece you were just talking about.
This is for the Marco Island and Everglades City summer
promotion, Point, Click and Escape program, which is driving
them to the web site to find their vacation option. Again, this is
just showing how Marco Island and the Everglades work with
Naples in cooperative ads.
This is an example of a public relations stretch. This is an
11-page story that was written in Buenos Villa]os. The writer
was here, we got 11 pages. Obviously your public relations is
unpaid media and we stretch farther.
Moving on here, or our going into what you would like to
hear, are six key objectives. Moving forward, are listed there. I
won't read them to you, County Commissioners, because you do
have that information in front of you. And I will show you how we
plan to accomplish those.
This is just an example of a main sheet broad sheet that's
going on.
Quickly, Commissioner Berry, I think you'll be happy to see
when you refer to the brochure, the problem with brochures are
they're very expensive. The old brochure you were talking about
where you said there was a hotel closed down, we've worked
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June 13,2000
very hard to finally get it updated. It's expensive to do, so
sometimes you have to wait two to three years. New hotels
come on line.
This is the new cover of the new Naples, Florida brochure.
This is the Marco Island piece that's in use right now. So you
can see how they're much more compatible --
COMMISSIONER BERRY: Much more.
MS. MATTHEWS: -- with the two.
All the hotel listings have been updated in the back section.
Of course, this is the layout getting ready to go to print. And the
new hotels are listed. We also have their available conference
facilities now, so that a meeting planner could use the guide
doubling.
COMMISSIONER BERRY: And Tammy, are you advertising all
of them?
MS. MATTHEWS: Absolutely. Every single taxpayer. I got
the list from the tax collector's office and went out to everyone.
COMMISSIONER BERRY: Okay. Because I think we had this
discussion, whereas the difference between the Tourism Alliance
and the Chamber of Commerce, the Chamber obviously is going
to advertise for their members, because that is their job. But
with the Tourism Alliance, you need to advertise the big picture,
everybody, and let Joe from up north come down and decide, you
know, price-wise, et cetera, where he wants to stay. But our job
is to lay it out so they know that there's price ranges and types
of facilities and what they have in those facilities for their
particular needs. So I'm glad to hear that you're doing it for all of
them.
COMMISSIONER CARTER: And I would assume you have a
web site where they can go to these things, they can find these
prices, just like one of us wants to go someplace, get on the net,
we check it out, we see who's listed and what the rates are, and
how you get to them.
MS. MATTHEWS: Absolutely.
COMMISSIONER CARTER: So if you're doing all of that, I
think that's great.
MS. MATTHEWS: And that's what you see here. This is just
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June t3,2000
a mockup of a broad sheet that's been used before. This is
actually a newspaper broad sheet. Again, these are, you know, 2
to $3 a pop to get out the door. And these are for people who we
want to try to get here. The main sheet broad sheet program will
be 10 to 20 cents. We'll be able to actually put in there
up-to-date information on what's going on in Collier County. And
we plan to have a drive program in there that will steer them
around Collier County, tell them what's going on within the
county, and later on you could augment with the CD you plug into
your car, and we hope to get a rental car sponsor. So that's
forthcoming.
CHAIRMAN CONSTANTINE: Let me just ask a question
there. That's obviously a mockup you're holding in your hands.
MS. MATTHEWS: Right.
CHAIRMAN CONSTANTINE: Is it safe to assume it won't be
quite that dark?
MS. MATTHEWS: Correct.
CHAIRMAN CONSTANTINE: Those colors just seem --
MS. MATTHEWS: These colors are --
CHAIRMAN CONSTANTINE: -- a little foreboding as --
MS. MATTHEWS: These are not hybrid.
CHAIRMAN CONSTANTINE: -- opposed to inviting.
MS. MATTHEWS: Right, these are not hybrids.
One I quickly wanted to show you, though, we worked on
extremely hard with Immokalee to get them. I mean, this took
like six months to finally nail down to make sure that Immokalee
was happy with their spread, and I think it turned out very
attractive. And thanks to the Immokalee people who helped me
put that together.
So yes, we are updating our information for you.
This is again going back to the web site. We have, as we
move forward and the question on RFP'ing and vendors, you can
see the difference between the two sites because there's two
different hosters (sic) on these sites. We are --
CHAIRMAN CONSTANTINE: Can I ask a question?
MS. MATTHEWS: -- bringing them together.
Yes.
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June 13,2000
CHAIRMAN CONSTANTINE: And I realize that was -- the gal
there is the theme on all your stuff from last year. But I'm
looking here, and this isn't one of our -- this cover shot is not for
Naples, so obviously that's a stock photo --
COMMISSIONER MAC'KIE: Same chick.
CHAIRMAN CONSTANTINE: -- that somebody else has
chosen to use as well.
MS. MATTHEWS: That was actually -- if you look on the
inside there, there is mention of the destination.
CHAIRMAN CONSTANTINE: I've been trying to find -- I don't
understand why this is in here.
MS. MATTHEWS: We didn't advertise. We got that -- they
wanted to use our logo on the front cover. They wanted us to
advertise. We said no, we weren't interested in advertising.
They love our logo. They said if we use it for free, we'll mention
you on the inside. So it cost us nothing. We gave them the logo.
And it's a UK publication that goes to people in the United
Kingdom.
CHAIRMAN CONSTANTINE: Where did they mention us?
Because I have not --
COMMISSIONER MAC'KIE: I couldn't find it either.
MS. MATTHEWS: May I show you?
CHAIRMAN CONSTANTINE: Certainly.
MS. MATTHEWS: I'm sorry.
COMMISSIONER BERRY: I want the United Kingdom to think
something a little bit different of us than that. COMMISSIONER MAC'KIE: I'd like to.
COMMISSIONER BERRY: I don't know. I don't know how the
rest of you feel, but I just don't know that that's the image I want
to portray.
CHAIRMAN CONSTANTINE: How did I ever miss that?
COMMISSIONER MAC'KIE: Tiniest little print you ever saw in
your life.
COMMISSIONER BERRY: That's like corrections they print in
the newspaper.
MS. MATTHEWS: But it was free. That's what they wanted,
so we gave it to them. And if it works for their clients -- well, you
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June 13,2000
know.
CHAIRMAN CONSTANTINE: Thank you.
MS. MATTHEWS: Movin9 forward on the web site. Two
different sites. What we're doing is developing a Gateway page.
Commissioner Carter, to answer your question on that, to draw
the two sites to9ether, obviously we're going to update the
graphics again on the Naples side of the house with our new
creative. And that Gateway page, what's nice, we'll be able to
list all the events goin9 on in Collier County where somebody can
come in and say, you know, next week there's a flower festival
over here and, you know, Sally's havin9 a -- you know, whatever.
We can -- and they know when I'm coming on my vacation, what I
can do next week to try to get them here.
CHAIRMAN CONSTANTINE: The web address?
MS. MATTHEWS: Pardon?
CHAIRMAN CONSTANTINE: Web address?
MS. MATTHEWS: The web addresses right now are
marcoislandeverglades.com and visit-naples.corn. And that
Gateway pa9e will draw in more and we'll be allowed to have
media 9o there also.
This is one of our first mockups of the new Naples creative
of the un-crowd. If you see, there's two children on the beach
there. It's showing a deserted beach. We are marketing the
vacation season. We are open for any comments, any
suggestions. We have five different layouts that everybody's
bantering around and fighting over, and we certainly would like
your input as we move forward on this also.
COMMISSIONER MAC'KIE: Mine would be, I wish -- on the
back on this one, there's this really nice -- see this little -- people
on the beach sitting on -- I wish we were promoting more of a
family visiting kind of image than, you know, chicks on the
beach.
CHAIRMAN CONSTANTINE: Well, hopefully that's what the
young crowd with two children on it -- MS. MATTHEWS: Right.
COMMISSIONER BERRY: Who's that laying -. is she laying on
the beach watching her children playing in the surf?
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June 13,2000
MS. MATTHEWS:
COMMISSIONER
COMMISSIONER
children. I'm sorry.
COMMISSIONER
COMMISSIONER
children.
COMMISSIONER
MS. MATTHEWS:
we should can the logo.
Could be.
CARTER: It's the new modern mom.
MAC'KIE: No, no. She's never birthed
BERRY: I was going to say--
MAC'KIE: These hips have never birthed
BERRY: -- I really don't think that body has.
It seems the logo is the problem. Maybe
COMMISSIONER BERRY: Tammy, I think you got the
message.
MS. MATTHEWS:
COMMISSIONER
MS. MATTHEWS:
COMMISSIONER
COMMISSIONER
MS. MATTHEWS:
logo that we have in the corner there that represents the entire
destination?
COMMISSIONER BERRY: Kind of a palm tree kind of thing?
COMMISSIONER MAC'KIE: Um-hum.
MS. MATTHEWS: Okay, we will look for a new logo and we
will bring back to you different creative.
This just ties in our special events marketing program.
Point's well taken. As you see, we are going to look for events
that fit the area to help people promote those. And in addition
to, obviously get our special events program out to those people
sooner,
I think the logo is the problem.
BERRY: I think she needs to get rid of --
I think the logo's the problem.
BERRY: She needs to go.
MAC'KIE: Let her go.
Are you pleased with the Tourism Alliance
And we promise you that in the future, those meetings will
be certainly open and everybody will have their right to speak
before we bring those to you. Point well taken. And we certainly
understand where that came from.
Telemarketing --
CHAIRMAN CONSTANTINE: By the way, when you shoot the
shots for the new logo, I'm sure Commissioner Carter and I would
be happy to be there.
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June 13, 2000
MS. MATTHEWS: To lay on the beach?
COMMISSIONER CARTER: Oh, yeah, they'd really love my
stomach shot. I mean, it would really turn them on. I mean,
they'd love it.
COMMISSIONER BERRY: Well, I think we deserve equal
time, so I think Ms. Mac'Kie and I would like to be there. If you
use someone of the other gender, we would like to be there --
CHAIRMAN CONSTANTINE: Fair enough.
COMMISSIONER BERRY: -- for that, too.
COMMISSIONER MAC'KIE: It's certainly fair.
MS. MATTHEWS: Golf course instead of beach shot, maybe.
COMMISSIONER BERRY: Right. We'll check it out.
MS. MATTHEWS: These are all measuring tools. I'll quickly
go through them. Obviously, your telemarketing, those people
who answer your 800 numbers. The data base, the lead tracking
that you talked about. This is when we talked about working
with the film office. It is a standalone item budget request in
ours. Again, that is up to you. But we're looking at maintaining
that program as a part of the overall program.
This is something new that's coming out on the logo again
with American Express. They are doing this program for us. This
is your credit card statement that's in your businesses, such as
your front desks, it's on your doors. Free of charge. It's going to
be going out to all the tourism businesses promoting tourism
with the Tourism Alliance logo. They're not going to only list
American Express but the other, Visa, MasterCard and other
cards that they take. Terrific program, local awareness, and
doing -- giving something back to the businesses on the tourism
basis. Thank you, American Express again.
COMMISSIONER MAC'KIE: I realize this is nitpicking at this
point.
MS. MATTHEWS:
COMMISSIONER
asked us about?
MS. MATTHEWS:
COMMISSIONER
see the names of the
Yes.
MAC'KIE: You know that -- the logo you
Uh-huh.
MAC'KIE: It made sense when you could
different communities that were
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June 13,2000
represented by those colored ribbons.
MS. MATTHEWS: It needs to go back in.
COMMISSIONER MAC'KIE: It's kind of just --
CHAIRMAN CONSTANTINE: No, it becomes too busy.
COMMISSIONER MAC'KIE: Okay, but I'm just -- okay, I need
to stop now.
MS. MATTHEWS: That was actually just something that we
threw on the top it. It's got to be done. So we will add the
names.
We're also going to work with Airline Partners. We're
negotiating with --
CHAIRMAN CONSTANTINE: Ms. Matthews, don't take that
as direction from the board. Consider it. If it looks like they fit,
great. Don't put them in there just for the sake of it if it doesn't
look -- if it looks busy, seriously, do whatever looks appropriate.
COMMISSIONER MAC'KIE: Please.
MS. MATTHEWS: Okay. Again, partnering, we're talking
with American Airlines because American Eagle does service our
Naples Airport. Trying to focus on some of that Miami
International Airport traffic that comes in that wants an
extended stay in a quiet destination. So if we could work with
American Airlines to bring some of those folks who are tired of
the hustle bustle on the East Coast for three or four days,
hopefully Monday through Thursday, because we're already busy
on the weekend.
CHAIRMAN CONSTANTINE: Are we doing any formal work
with the international airport?
MS. MATTHEWS: With Southwest Florida International
Airport? Yes, we do. We have what we call a Southwest Florida
Coalition Group that we meet and try to come up with ways to
help certain airlines when they're coming in.
With the new people that have come on board at the airport,
the direction is that they will go after air service in the markets
that we feel we need service. In turn it's up to us then to go
make sure that we promote to that area to make sure those
airlines are full. So that's where we're at with them right now.
Condor Airlines, as an example, just coming in.
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June 13,2000
COMMISSIONER BERRY: I was wondering in terms of
because we've got such a better access now international
market-wise up at Fort Myers, are we doing promotions with
those particular airlines that are bringing people in from other --
Germany, I guess? Mainly that's the two big airlines, I believe,
that are --
MS. MATTHEWS: Yes.
COMMISSIONER BERRY: -- coming in there now. So are we
doing some promotional work with them that let's them know
that Naples is here?
MS. MATTHEWS: We do advertise, and the travel agent is an
international based. You will find in the international market,
especially Germany through LTU and Condor, those seats are
mainly filled through your tour operators and wholesalers. Those
are people who sign contracts with individual hotels to provide
them with rooms. We leave it up to the hotels then to support
themselves, because it's not everybody for the destination. And
in turn the destination participated in ITP Berlin. We bring fam
trips in with those airlines to try to promote the rest of the
destination. And we do advertise in those markets. And that's
how we try to work with them on that.
But you normally have nine to 10 hotels in each one of those
programs and no one else. So they should be responsible for the
basic part of the advertising with those airlines with the
wholesalers.
Any other questions?
This again just goes into our monitoring control systems.
We are going to start using our lead basis, what we talked about,
our lead tracking system, putting it in so we can track, we can
see where our advertising is working. Here, we'll be able to
track where they're coming from. We can see if there's emerging
markets on where we need to go.
This is on the communications basis that seems to have
created a lot of the problems that we've come to to today, and
we plan to start a tourism telegraph. Short, easy to read
program that will outline what we're doing on a monthly basis.
In addition, we do our quarterly reports to the TDC and we
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June 13,2000
will ensure that the County Commissioners have this information
in the quarterly reports. We actually have the Tourism Alliance
do a monthly report along with that.
And on the local front, as was brought to our attention, we
do a great job nationally, internationally but not on the home
front on tourism. We are going to start a proactive local public
relations campaign. We have formed a speakers bureau so that
we can get to organizations, both social, civic and fraternal, to
tell them about what's going on, so everybody in the community
feels a part.
And with that, we're back to our logo. And if you have any
questions, we'd be glad to answer them.
COMMISSIONER MAC'KIE: I'd just like to -- I don't know
what's -- how it's appropriate, Mr. Olliff, what's necessary, but I'd
like to move approval, if that's appropriate, of the proposal that
we have here from Tourism Alliance with the exception of the
film office. I'd like to take that one out and consider it as a
separate item.
But with -- subject to the leadership that you've gotten from
the board today on some specific items, I think you guys are
doing a great job.
MR. MIHALIC: Well, Commissioners, what's proposed to you
today is what's really recommended by the TDC. That's a
three-year contract.
COMMISSIONER MAC'KIE: Right.
MR. MIHALIC: We would enter into a three-year contract
now. We certainly can terminate that contract upon 30 days'
notice, according to the contract, but you're entering into a
three-year contract, a multiple year contract, which the present
percentages will cover with the collections and the reserves that
we presently have. I just want to be sure that you understand
that.
CHAIRMAN CONSTANTINE: Much like I suggested when
George was up. I think the appropriate way to do that is to have
an annual contract with two --
MR. MIHALIC: We could enter into a one-year contract for
this year only.
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June 13,2000
CHAIRMAN CONSTANTINE: -- with two opportunities for
extension.
MR. MIHALIC: Okay.
CHAIRMAN CONSTANTINE: But that way there's a clean
timeframe in which you have to demonstrate all your
performance instead of just any day randomly saying okay,
you've got 30 days.
MR. MIHALIC: Let me also say that the dollar amount that
we're talking about for the first year, which was $1,486,000,
includes any film office activity and any special events that
would choose to be funds. If the board believes that a certain
amount of money should go for special events, I think staff
should hear that, that a certain percentage of this money should
go for special events, in their opinion.
COMMISSIONER CARTER: I'm not going to go there. I don't
want to set that aside on that basis. I really don't have a
problem with the film office staying there if, you know, we can
work out any of the details, that we keep it under one blanket, so
long as we know where it's housed and how it's working. If it
needs to be pulled, and I don't know how much many we're
talking about --
CHAIRMAN CONSTANTINE: 68,000.
MR. MIHALIC: 68,000, yes.
COMMISSIONER CARTER: -- then we would have to reduce
that in your motion, Commissioner Mac'Kie.
COMMISSIONER MAC'KIE: Yes. Well, I did reference the
reduction of the film commission office, the 68,000. And I would
like to amend my motion to reflect Commissioner Constantine's
suggestion about the one-year, three success of one-year
contracts as opposed to a three-year contract.
And then I have a question, Mr. Oilill. I'm confused again
about is this not the appropriate place to talk about authority
and the process in the RFP's? Is that still under the next
contract that we're going to --
MR. OLLIFF: Well, actually, you've combined Items 8(A)(4)
and (5). 8(A)(4) was simply just a presentation from the Tourism
Alliance, but we've slid into 8(A)(5), which is a discussion of their
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June 13,2000
actual funding agreement for next year.
COMMISSIONER MAC'KIE: Well, I don't want to include the
terms, the broad powers terms, that are in the contract that -- as
it's set out in 8(A)(5). So I -- I don't know how to modify my
motion in that regard.
MR. OLLIFF: If that's part of your motion, and I think we've
heard some things in regards to not only that issue about the
RFP, but in terms of some additional communication I think that
the board is looking for from the Alliance in terms of what is the
overall annual marketing plan, perhaps some updates on some
regular basis throughout the year as to what's been done, what's
going to be done in the balance of the year with the monies.
You may want to simply direct us on this particular contract
to go back and negotiate, work out some additional language and
bring that back as a separate item. That would be my
recommendation.
COMMISSIONER CARTER: Well, yeah, that would make
sense to me. Because I mean, I think those can all be corrected
without really slowing down the process.
MR. OLLIFF: I think what you've seen is one year of
operation of the Alliance. I think what we're doing is tweaking
that operation a little bit so that both parties are comfortable.
And I think we've heard clearly from the board where some of the
areas are that you would like to see amended. I think if you
direct us to go negotiate a contract, we can bring you something
back that everybody will be a little bit happier with.
COMMISSIONER MAC'KIE: So would today be -- Mr. Weigel,
can I incorporate those comments into my motion and make a
motion today, or do we have to continue this?
MR. WEIGEL: No, you can incorporate those comments. And
I think what Mr. Olliff is indicating is that we believe we have
enough specificity here that your approval will not require
another agenda item to come back to you with regard to the
contract.
COMMISSIONER MAC'KIE: Then I modify my motion in that
regard.
CHAIRMAN CONSTANTINE: And again, to reiterate, the
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June 13,2000
motion is less the 68,000 pending, sorting out that whole film
commission --
COMMISSIONER MAC'KIE: Yes.
CHAIRMAN CONSTANTINE: It may reappear and get lumped
back in, or it may not.
MR. MIHALIC: And this -- and actually, the film commission
was an amendment in December to this year's contract, so we
can bring it back in at a later time.
COMMISSIONER MAC'KIE.' Right.
COMMISSIONER CARTER: Okay, before we vote on this, can
-- Commissioner Mac'Kie, do you have some thoughts about
where this film office should be, or are you just --
COMMISSIONER MAC'KIE: Yes.
COMMISSIONER CARTER: -- saying you don't want it to be
where it is?
COMMISSIONER MAC'KIE: Well, it's nowhere right now,
which is where I don't want it to be.
CHAIRMAN CONSTANTINE: Can I suggest that we're not
going to settle that today, and all we're saying is by taking that
out, until we settle it, whether we know that it's going to be here
or with them or who it's going to be or how it's going to be, set
that money aside. We can lump it back in if we decide this is the
place, but we have reserved those funds separate from this if we
decide to do it --
COMMISSIONER CARTER: Reserve them --
CHAIRMAN CONSTANTINE: -- a different way.
COMMISSIONER CARTER: -- separately and for a discussion
when?
COMMISSIONER MAC'KIE: Well, but there are public
speakers today who have some ideas who I think we could solve
that problem today, Mr. Chairman, once we hear from these
speakers.
COMMISSIONER BERRY: Would it be appropriate for staff to
-- I don't know who those speakers are, but if those speakers
would -- or if Mr. Olliff would set up a meeting with those
speakers?
COMMISSIONER MAC'KIE: I think he has.
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June 13,2000
COMMISSIONER BERRY: You have already?
MR. OLLIFF: I have met with them.
COMMISSIONER BERRY: So you have an idea of what
they're looking for and what their direction might be? MR. OLLIFF: Uh-huh.
COMMISSIONER BERRY: Do you want to share that with us?
MR. OLLIFF: To be honest, I think we ought to make a
decision on the Alliance contract, because you've got that issue
out there. And then we've -- what you've done is removed that
component from the Alliance agreement. And then we can talk
about that as a separate issue. And I will tell you, you do have
seven speakers, and I'm sure it's going to come up. Rather than
talk about it three and four times over again, I think we ought to
just let the public speakers bring that issue up.
COMMISSIONER CARTER: Okay. I can support the motion.
CHAIRMAN CONSTANTINE: Is that a second?
COMMISSIONER CARTER: I'll second it.
CHAIRMAN CONSTANTINE: Great. Let's go to the public
speakers.
MR. OLLIFF: First speaker is Joyce Ford, followed by
Deborah Marrs. I'm going to call all the speakers who have
registered for either 8(A)(4) or 8(A)(5).
CHAIRMAN CONSTANTINE: Our second speaker again?
MR. OLLIFF: Deborah Marrs.
COMMISSIONER MAC'KIE: Come on down.
CHAIRMAN CONSTANTINE: Kindly come to the on-deck
circle.
MS. FORD: Good afternoon, Commissioners. Thank you for
hearing me today. I just wanted to bring a couple of my ideas
about the Tourism Alliance and the support of it.
I sit on its board of directors, and I chair its marketing
committee. And it's rather refreshing listening to you comment
on marketing subjects, because it's very similar to one of our
marketing meetings. I think the babe should go, I think we need
the babe.
So what it really is, it's ruled by majority. And our marketing
committee meets once a month, sometimes more, sometimes in
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June 13,2000
subcommittees. We're all volunteers. And we do it because we
have a passion for Naples and for the marketing of it.
On any given meeting, you can see around the table
representatives from some of the following organizations: The
Naples Trolley Tours, Coastland Center, the Naples Princess, the
Inn on Fifth, The Naples Chamber of Commerce, The Cove Inn,
Caribbean Gardens, Seminole Indian Casino, The United Arts
Council, The Phil, the Park Shore Resort, and Lake Trafford
Marina.
And we all sit, we all come from our businesses and
volunteer our time to help market Naples the best way we know
how. We're marketing professionals. Each one of us serves our
own employers as marketing professionals. As you can see,
there's representation from every facet of the business
community in Naples, not just hoteliers.
We sit with mutual respect for each other and in harmony to
help the Alliance and help market Naples. And we're very aware
of how we're spending the tourism dollars. We try and save as
many dollars as we can so that we can market effectively.
Some of the things that you have commented about, the
babe on the beach, are -- is a campaign from 1998-1999 whereby
we had to continue that campaign because we had no money for
production for a new campaign this past year. And so the new
things that Tammy has shown you will in fact go in effect for the
marketing for 2001. And so we're very excited about our new
campaign. We're glad the babe's gone away.
I also wanted to point out that our tourism industry in Collier
County is very important to everyone in Collier County. The
tourism dollars that are brought here go further than just what is
getting spent on hotel rooms. In fact, with the two million people
that visit our area every year, they contribute 27.5 percent to
annual taxable sales, and about 1.3 billion in direct and indirect
expenditures in our county. Travel and tourism-related jobs
comprise the largest employment base in Collier County, and
those people buy groceries here, pay taxes here, own homes
here.
More than 19,700 tourism jobs exist, with a labor impact of
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June 13, 2000
$438 million. The bed tax collections are used not only for the
marketing, but they're used for beach restoration, art and
cultural programs as well.
In closing, I'd just like to thank you all for listening to me,
and thank you in hopes of passing for the Tourism Alliance today.
Thank you.
MR. OLLIFF: Next speaker is Deborah Marrs, followed by
Pam Hughes.
MS. MARRS: Hi. My name is Deborah Marrs. I've recently
relocated to Naples from New York City, where I lived for 20
years. I've been a member of the Directors Guild of America
since 1979.
CHAIRMAN CONSTANTINE: I can't resist the question, how
does the traffic here compare to New York City?
MS. MARRS: It's a lot better. Except from 5:00 to 6:00, I've
noticed.
As a Directors Guild member, I was a trainee for two years
and a member and an assistant director member for 18 years.
And certainly among my reasons for moving here was a quality of
life that's not available in New York.
One of the first things I did when I arrived here was to seek
out the film office in Collier County, to introduce myself and to
avail myself of the services offered. When I met Maggie McCarty
-- I have to correct that, it's not McCarthy, it's McCarty -- I was
really impressed that the office here in little Naples was run by
someone with serious film industry credentials.
From that first visit, I found the office to be a great
resource, responsive and well informed. Whenever I speak with
my colleagues in Los Angeles and New York, I cannot only
recommend this area as a desirable destination, but I can also
recommend the Collier County Film Commission specifically as a
full service support agency.
From my experience, when you take an expensive project on
the road, it's important to have a knowledgeable local advocate,
one who understands your needs, speaks the industry language,
and works tirelessly to make things happen. This is an important
function of a film commission.
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June 13,2000
Additionally, of course, the film commission promotes
business. Every lead that comes into the film office represents a
business opportunity. We are all looking at the best
representation for our skills, our services, our businesses and
our properties. The local economy can only benefit from the
active development of the local film industry, in addition to the
promotion of Collier County as a destination. As the local
industry grows, we have just that much more to offer to
outsiders.
And I have to say, the film industry produces what I consider
clean dollars. A minimal investment for a large potential return.
It's my understanding that the Collier County Film Commission
has generated $1.2 million in its first year for the modest
investment of $68,000. It should be noted that this business
does not pollute, congest, nor require local infrastructure
changes. These are clean dollars. Everyone benefits.
The function of the Tourism Alliance, as I've come to see it,
is to understandably fill hotel rooms and promote businesses
that support tourism. This is an extremely important function in
a resort area like Collier County. But promoting tourism does not
-- is not the same as promoting and supporting the film industry.
I feel the community would be well served if the film commission
were to remain a separate entity, answerable to the Board of
Commissioners.
For example, a look at the Florida State Film Commission.
It's located in the executive office of the Governor of Florida.
Rebecca Deardon-Maddingly, who is the new state film
commissioner, does not report to tourism. Those of you who
might think that the film industry is a remote and specialized
business, out of place here in Naples, consider this: All of us
watch TV at night, we all rent videos on weekends, go to movies,
read magazines with their glossy ads and learn about new
products and services through TV commercials. Many of us
market our own businesses by many of these means. It's a part
of all our lives.
I'm a relative newcomer to Naples. I hope I've not
overstepped my bounds by expressing these opinions. But I'm
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June 13,2000
not a newcomer to the film industry. Thank you for letting me
share my thoughts.
MR. OLLIFF: Pam Hughes, followed by Mary Margaret
Gruszka.
MS. HUGHES: Good afternoon. My name's Pam Hughes, and
I'm the owner of the Naples Studio. We have a television studio
and a post-production facility here in Naples.
I've been in the TV business here in town for about 10 years,
and I've been in the television industry for, I'm sorry to say, about
30 years. Last year I was a member of the Film Advisory Council
that you alluded to earlier for Lee and Collier County Film
Commission.
And I'm here today to tell you why I think it's important to
have a full-time film commissioner. But I'm also questioning the
logic of placing that position in an umbrella organization, or, in
particular, with the Tourist Alliance.
And from what I heard today, I was greatly informed.
Because now I have a better idea of what the goals and
objectives of that Alliance are. And they seem not necessarily
incongruous with what the film commission should be doing, but
it nevertheless is a very separate set of goals and objectives.
Since I've been here in town, and since we've had a film
commission here in Collier County, as a business owner and as
one who employs people in this industry, thanks to the office of
the film commission, I've been benefited by having a number of
projects referred to me, and I've been able to keep people
employed and to continue that opportunity and to even expand
my staff and my services.
One of the goals of the film commissioner, Maggie McCarty,
has been to bring outside productions into town, major motion
pictures, national television commercials, and even smaller
training programs. And through that effort we, as local business
owners and citizens of this county, have had an opportunity to
work with some of the best people in the industry. What that's
done to us as an industry group is it's made our skills more keen,
and we've been able to fine tune some of the things that we
didn't maybe know as well as some of the big boys, and now we
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June 13, 2000
can play on the same level playing field with them.
I think it's important that we not leave this office in limbo
today. Because when the office was dismantled, I saw these
wheels that were going in great motion, thanks to the previous
film commissioner, come to a screeching halt. And I think
anything we can do to keep generating the momentum and keep
the business flowing and keep the film office alive and well will
not only help us as a community, but will help us as a television
and film industry. Thank you very much.
MR. OLLIFF: Following Ms. Gruszka would be Joy Lelonek.
MS. GRUSZKA: Good afternoon, Commissioners. Thank you
for listening to me today. First of all, my name is Mary Margaret
Gruszka. I am involved with the United Arts Council of Collier
County, with the Florida Motion Picture and Television
Association, and with the Naples Players.
I mention all of this so that you realize that I have a passion
for the arts. Film making is an art. It is not only an art, but it is a
business. It's a business that is wonderful for our county. It's
clean. It doesn't damage the environment. And you know what
the beautiful part of it is? And I have to get a little expressive
here. People fly in, they do their photo shoot, they make their
film, they eat in our restaurants, they stay in our hotels, they
shop in our shops, and they fly home.
Mr. Constantine, we don't have to build any more roads for
them. They come and they go. There's no infrastructure that's
involved with picture making and with the photo shoots. And it's
a wonderful opportunity for those of us who like to act, who like
to think that we can act, and certainly you're hearing from some
of the other people in this room that they hire these people for
the photo shoots and for the films. I was lucky enough to have
been in "Gone Fishing". We won't go into the reviews on that
movie, however. But I was told that its failure was not my fault.
I've listened to the report from the Tourist Alliance, and
there is a reason for their existence. I'm impressed with what
they had to say today. However, the Collier County film office
does not belong under their umbrella. It's too important.
Without getting too involved, because I realize I only have
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June 13,2000
five minutes, this is something that should be nurtured. It can
grow into a beautiful business, as well as a delightful art form for
our county. They need to report to the board of commissioners.
I beg of you to think of this.
I also understand that there's a problem in where they're
going to be located. Actually, some of us -- and some of you who
know me know that I work for the city -- thought we had some
time. We thought we had till October. Boy, were we surprised
when we opened up the classifieds sections and saw that this
office was being dismantled and that they were looking for an
agency. My goodness, don't let it go to an agency. I used to
work for J. Walter Thompson, the world's largest ad agency. It
was wonderful. But they can't do the film business. This needs
a warm body. From what I've heard with everybody that's
involved with Maggie McCarty, she's an icon in the industry.
I hate the expression, if it ain't broke, don't fix it. But that's
exactly what is being done with this position, and it's too
important to let that happen.
Because we didn't have the time allotment that we thought,
we've not been able, and as County Commissioners, you
understand that there's a proper procedure for letting the City
Council know that you're thinking about an empty office that you
have at your park. But I think this might be a time that the city
and county could work together. It could still remain a county
project, but we might be able to find a space that's located in
Cambier Park.
I'm going at risk at saying this, but I tell you, it's that
important to these people in Collier County that it have its own
office and report directly to you. And I wish the best of the world
to the Tourist Alliance, but they don't need this office. Thank
you for listening.
MR. OLLIFF: Joy Lelonek. Next speaker will be John Cofer,
followed by Gerilyn, I believe it is, Muck Protocol.
MS. LELONEK: Good afternoon, Chairman and County
Commissioners. My name is Joy Lelonek and I'm the executive
director of the United Arts Council. I am neither an actress nor
an artist, so just excuse the fact that I'm just going to tell you
Paget01
June 13,2000
what I'm here to say.
COMMISSIONER MAC'KIE: Just the facts.
MS. LELONEK: Just the facts.
I'm also a member of the Tourism Alliance of Collier County.
I'm pleased not only to represent all of the arts in Collier County
as the county designated local arts agency, it is our job at the
United Arts Council to promote and to encourage the growth of
all art forms and to advocate to the government offices for their
promotion.
I have written to all the County Commissioners, voicing my
opinion that the film office needs to stay within Collier County. I
think the County Commissioners have been very proactive in
encouraging a film office for this young an organization as Collier
County is.
What form it takes, the United Arts Council gives no stand.
It is not our responsibility to tell the county how to do their work.
I will say that as a member of the Tourism Alliance and as on
their board of directors, I have not heard, as a member of the
board, that it is the Tourism Alliance's desire to take the film
office and do anything with it. This seemed to have been
dumped in the lap of the Tourism Alliance. And when the
Chamber of Commerce let their contract go, I think there was a
miscommunication in what needs to happen. That's neither my
job to determine or to second guess.
What I'm here today is to ask the County Commissioners to
look to the United Arts Council as your vehicle when you think of
the arts and think of promoting the arts. Let us help you help the
county make this a much more culturally diverse and culturally
rich county. Thank you.
MR. OLLIFF: John Cofer, followed by your last speaker,
Gerilyn Protocol.
MR. COFER: My name is John Cofer, and I'm with the Olde
Marco Island Inn and Suites. I do marketing for them. I'm also
the general manager of the Funcierge, Funcierge TV located
down on Marco Island. I'm here to speak for the little guy, for
hotels. I also sit on the board for the Tourism Alliance. I'm a
hotel that is off the beach. I'm an historic landmark within the
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June 13,2000
county that is building a 57 two-bedroom suite.
The benefits that I get from the Tourism Alliance is I can see
what the major hotels are doing to promote themselves in the
area. I can sometimes piggyback their efforts by cooperative
advertising through the Tourism Alliance. I can get direction by
other marketing directors on what has worked and what hasn't
worked. And I'm able to see how technology has advanced
within the hotels in regards to how are they getting their leads,
be it Internet, direct mail, phone calling or direct E-mails. And
that, I believe, is a big impact for the small guy within the area of
tourism. Thank you.
COMMISSIONER MAC'KIE: What's the name of your
property?
MR. COFER.' The Olde Marco Island Inn and Suites.
COMMISSIONER MAC'KIE: Just wanted to give you a
chance to plug it.
CHAIRMAN CONSTANTINE: And our final speaker?
MR. OLLIFF: Ms. Protocol.
MS. MUCK: Hi. I'm Geri Muck, from Protocol Models on the
Gulf. We're a full service model and talent agency. We're
located in East Naples. I've been a retired public school teacher.
I have 31 years experience. And I've been an agent for 15 years.
I lived in Ohio and retired here, I thought. I got back involved,
and I'm with the Chamber. I am a two-year director with the
Advertising Federation and the Public Relation Association of
Collier County. I'm vice president of the advertising -- the Florida
Motion Picture and Television Association.
And so I feel at this point in time in my business, I'm pretty
much a professional, but usually I'm behind the scenes. Today I
had to step forth. I too am delighted to hear what the Tourism
Alliance is doing. They have a big job. And I see that they do
have a vision for the future.
However, I do think that we need to talk about special
events as one of their facets. And when we think about the film
office or the film commission, we're talking about the
entertainment and film business. And I think that's a great
distinction.
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June 13,2000
I depend on other professionals in my business to help my
business grow, and I'm happy to say that with our tracking
system this year, I can readily see how much I have advanced in
our business financially and in many other ways.
I think you'd approve of my marketing plan. The first ad I
put in the New York trade magazine was a full-colored ad and it
said, "Come to Paradise for Your Next Project." I'm happy to say
that over 50 percent of my clients are either from out of state or
out of the country. But I do appreciate the business that I get
here in Collier County as well.
The people that I represent, over 300 models and talents, I
have actors, singers, dancers, celebrity Iookalikes. I have
children, adults, I'd say zero to 70-plus. And we are making
money. We are busy. And we do have a passion for it. But we
need our film office. It is a specialized business. You can't learn
it in a day or a week or even a year.
And we already have the professional here, Maggie McCarty.
She's intelligent, she's proactive, she has experience, and she
has done the job. We need our office back. We need our
commissioner back. And I and all the people that I represent
need your support.
CHAIRMAN CONSTANTINE: Thank you. Just to put in
respect to where we are, we have a motion on the floor to
approve the Tourism Alliance promotion package, minus the
68,000 for the film commission, not because we're subtracting
that, but because it appears we may handle that differently. A
reminder, though, that 68,000 begins I October.
When we say we need our film commission office back, we
have funding for this office to go through till September 30th of
this year. And so if for some reason those services aren't
happening right now, we need to correct that, or if they're not
happening correctly, we shouldn't be funding. That may be a
misconception. Mr. Olliff?
MR. OLLIFF: No, I think that's correct. I think there's really
two decisions to be made, since you've decided for next year's
contract not to include the film commission portion within the
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June 13,2000
Alliance, what are we going to do, and as of October 1, for a film
commission, should the board decide that they even want to
continue that.
Secondly, there's the balance of this fiscal year and what if
anything does the board want to do for the balance of this year.
And if the decision is the same, you could actually start now with
that decision and carry it through the next fiscal year, if you
wanted to try and provide the --
COMMISSIONER MAC'KIE: What I'd like to do with the film
office is to continue with Maggie McCarty in that position. I need
some help on where to physically site the office.
CHAIRMAN CONSTANTINE: Let's -- before we get into a
full-blown discussion on the film commission, let's actually
handle the motion that's before us.
COMMISSIONER MAC'KIE: Okay.
CHAIRMAN CONSTANTINE: Which is again to approve the
marketing plan, minus the 68,000.
MR. MIHALIC: One-year contract.
CHAIRMAN CONSTANTINE: One year with two options for
renewal, two annual renewal options.
COMMISSIONER CARTER: And along with the administrative
considerations that have been discussed here this morning in
terms of RFP's, communications with the board.
COMMISSIONER MAC'KIE: And subject to a change in the
contract language that Mr. Weigel described earlier.
CHAIRMAN CONSTANTINE: Further discussion from the
board?
Seeing none, all those in favor of the motion, please state
aye.
Anybody opposed?
(No response.)
CHAIRMAN CONSTANTINE:
Motion carries 4-0.
Item #8A5
ACCEPT THE 2000 TOURISM AGREEMENT WITH THE TOURISM
ALLIANCE OF COLLIER COUNTY REGARDING
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June 13, 2000
ADVERTISING/PROMOTION AND SPECIAL EVENTS - STAFF TO
AMEND ALLIANCE CONTRACT
Now the film commission office, since we've taken that out.
We can certainly discuss this and talk about this now. Because
there are a number of options, unless you're prepared to present
what you think is the best one right now, I'm comfortable if we
say yes, we're committed to putting this money toward it; yes,
we're committed to having a film office. We need to sort that out
in the next couple of weeks where it's going to be starting 1
October.
I don't know that I want to wait two weeks, though, to find
out where we go right now. And if we can connect the two,
great. But I don't want to just let it be in limbo land in the
meantime.
COMMISSIONER BERRY: Does anybody have an empty
office that she can at least have her phone and be available to
continue her work?
MR. OLLIFF: I'll tell you, I can't tell you whether or not the
current film commission has done a good or a poor job. We really
have had such an arm's length relationship with what the film
commission has done that I don't know that I can stand here
professionally and tell you that.
But I will tell you that the history of it that we've reviewed
said that it's been a joint project with Lee County, it's been part
of the Chamber, it's been a number of different things. And I
think if for no other reason then for some continuity, I would
recommend that especially for the balance of the year, that we
go ahead and try and direct -- my recommendation would be that
you direct us to work with the current film commission
employee, if you will, and develop a contract, at least for the
balance of this year, to provide us some time and an opportunity
to decide if you want to do that, the balance of the next fiscal
year as well.
I just don't think that we've done anything the same for two
years in a row, if I look at it. And I think if for no other reason
than that, it gives the county an opportunity to see is the current
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June 13,2000
operation the way it should be or are there some things that we
ought to do differently. Timing-wise, that gives us an opportunity
to do something on the 27th agenda of June, which is prior to
that one-month hiatus before the next meeting. So I think that
that gives us some quick opportunities to make sure that this
thing doesn't fall through the cracks.
CHAIRMAN CONSTANTINE: Any objection to staff doing
that?
COMMISSIONER BERRY: No, I know that -- or I've been told
that there's some things she's working on, and I certainly don't
want to lose out on some things that are being worked on right
now. So whatever that takes to continue that, I --
COMMISSIONER CARTER: Where is she physically housed
now? Did the Alliance --
COMMISSIONER MAC'KIE: Her house. She's literally at her
house. But the phone line goes into the Tourism Alliance and is
answered by the Alliance, but the people who are calling don't
know anybody at the Alliance. They call asking for Maggie and
she's not there.
CHAIRMAN CONSTANTINE: Mr. Olliff, I assume we can
correct that in --
COMMISSIONER MAC'KIE: Phone line.
CHAIRMAN CONSTANTINE: -- fairly short order?
MR. OLLIFF: That would be part of what we bring back to
you on the 27th.
COMMISSIONER MAC'KIE: But in the meantime, I even think
that it really shouldn't wait for two weeks. I really think that in
the meantime -- could we go ahead today and say that the
telephone line gets forwarded to Maggie McCarty, wherever she
sits for the next two weeks?
CHAIRMAN CONSTANTINE: Realistically there's hardly a
cost to that. You have call-forwarding on the line number and -- COMMISSIONER CARTER: Right. I was going to say, that
ought be a simple solution to get that to happen.
COMMISSIONER BERRY: Yeah, let's do that.
MR. OLLIFF: Give us some direction to do whatever
administratively we possibly can between now and the 27th to
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provide some continuity, and we'll do that.
CHAIRMAN CONSTANTINE: Consider that direction.
COMMISSIONER MAC'KIE: So moved.
COMMISSIONER CARTER: Consider it done.
And I've never had any problem with Maggie McCarty being
the one that's there. I just think that we've got to find out --
because what I heard, keep it independent, report to the county.
You don't want it to the Board of County Commissioners, you
don't want it to a political process which would be subject to
change periodically. You want to get it into some reporting
relationship, if you're going to have it into the county, where
somebody could monitor that and then we'd have to find a space.
COMMISSIONER MAC'KIE: That would be Tom.
MR. OLLIFF: As part of that motion, I think you ought to also
direct us to amend the current Alliance agreement so that that
funding and the balance of that responsibility is removed from
them for the balance of the year as well.
COMMISSIONER MAC'KIE: My motion includes that.
COMMISSIONER BERRY: Okay. Second it.
CHAIRMAN CONSTANTINE: Motion and a second. All those
in favor, state aye.
(Unanimous votes of ayes.)
CHAIRMAN CONSTANTINE: Motion carries 4-0.
I realize about 20 other speakers are here for the next item.
We need to give our court reporter a break. But rather than take
a full lunch break, why don't we just take about 20 minutes and
we'll come back and get right back on it again with the Wilkinson
House and the other tourism items. We will not take a full lunch
break today.
(Recess.)
Item #8A6
TOURIST DEVELOPMENT COUNCIL FUNDING FOR THE COLLIER
COUNTY HISTORICAL SOCIETY, INC. REGARDING PAYING OFF A
PORTION OF THE WILKINSON HOUSE OVER A THREE-YEAR
DURATION - APPROVED WITH MODIFICATIONS
Page 108
June 13, 2000
CHAIRMAN CONSTANTINE: Hi, we're back. Must be 1:00.
Which takes us to item --
MR. MIHALIC: I don't think you're on. Excuse me.
CHAIRMAN CONSTANTINE: Item 8(A)(6), approve Tourist
Development Council funding for the Collier County Historical
Society, Inc. regarding paying off a portion of Wilkinson House
over a three-year duration.
MR. MIHALIC: Good afternoon, Commissioners. For the
record, I'm Greg Mihalic of housing and urban improvement.
This is really one of three potential funding requests for TDC
Category C money, which is the museum portion; that is, up to 15
percent of the Category B that can be set aside to fund
museums, public or private nonprofit museums.
This particular portion is for the Wilkinson House, which is
owned by the Collier County Historical Society, and the title is
held by the City of Naples.
On April 17th, the Tourist Development Council reviewed an
application for funding this museum, and recommended that -- by
a 6-1 vote that it be funded for $266,000 per year for three years
for debt service to pay back the City of Naples for a portion of
the money that they had expended in a bond issue for this
museum.
Commissioners, as I said, this really is wrapped up to the
other two items for the Marco Island Historical Society, as well
as for our local Collier County Museum. There is a way to fund
all these applications fully, the full portion of their request. And I
think that if you look at the executive summary, you'll see some
requests that we've made.
As we researched this a little bit more, and again I
recommend -- I said that the TDC really recommended a $266,000
-- $266 (sic) contribution each year for three years, I present a
couple of extra options in my executive summary.
One would be to reserve that money out of TDC funds for the
Wilkinson House payment. And based on the current request
that we have, we have about $46,000 -- $46,700 left over after we
fund the Historical Society of Marco Island and our Collier County
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June t3,2000
Museum that would be available toward this reserve.
This reserve would be funded, and the money would go to
pay down this debt service, upon the raising of the rest of the
money by the Wilkinson House, so that their debt could be
eliminated and the city could be paid back, as well as some kind
of reverter clause, which is not in the present agreement, that
says if the house discontinues being used as a museum, the City
of Naples would pay us back the money that we've expended, the
100,000 that we've put out toward this museum.
Obviously the agreement would then be a tri-party
agreement between ourselves, the Historical Society and the
City of Naples, not the dual party agreement we have in front
you,
CHAIRMAN CONSTANTINE: Let me summarize the three
points, because I think they're all very important. And after
having read several letters to the editor, I think there is some
who don't fully understand.
This is -- and this was your first point. This is not an
either/or. We're--
MR. MIHALIC: No.
CHAIRMAN CONSTANTINE: -- not choosing this or other
projects that we have either previously or are currently asked to
commit to. We're not suggesting we take funds away from any of
the other museum projects. Some of the folks in the paper,
letters to the editor, have suggested that oh, we're going to take
funding away from everything else to do this. Not the case.
Nobody, absolutely nobody, has suggested that. There is a way
to fund each of these.
MR. MIHALIC: Yes.
CHAIRMAN CONSTANTINE: The second, and I think is an
important issue as well, is we don't want to put money out there
and then because there is a reverter clause in the property, we
don't want to put that money out there and then lose that, if the
property reverts to its original owner. And you've covered that.
But the idea is we put the money out there so that the people in
the historical society can leverage that money toward other
grants, toward other fundraising, but that it is sitting safely
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June t3,2000
there. And in the event that either they're unable to raise that
fund or if the reverter happens, the county isn't held holding the
bag -- isn't left holding the bag for $800,000.
MR. MIHALIC: We would maintain the money, but they
would be given the commitment of the $800,000.
COMMISSIONER MAC'KIE: And that's the option that I'm
going to support. I don't want to get into a tri-party agreement
with the City of Naples. I think they've done their part. I think
this would be an appropriate participation for the county to do,
assuming also that it doesn't cut into any of the other museum
funding, because we're not going to, you know, choose our
favorite child. We've got to make it -- everybody get what they
need.
But I don't want to spend a penny of it until the -- all
possibility for the reverter has expired. And that's going to be
Mr. Weigel's department, to be sure whatever we do is drafted
iron tight, that it's only spent after the reverter is no longer
legally functioning.
CHAIRMAN CONSTANTINE: And the idea obviously is to
make the commitment so that their fundraising efforts have that
boost, not just in a -- dollar-wise, but they know they're -- for
other potential donees, that there is something there, and they
can build on top of that. This is to work really like a matching
fund, if you will.
COMMISSIONER MAC'KIE: Right.
CHAIRMAN CONSTANTINE: Tom, do we have speakers on
this?
COMMISSIONER BERRY: One or two.
MR. OLLIFF: Yes, we do. The first speaker is Charley Abbot,
followed by Cheryl Henderson.
COMMISSIONER MAC'KIE: Are we talking about all the
museum funding items here at once, or just the Wilkinson House?
CHAIRMAN CONSTANTINE: We'll certainly welcome -- if
someone has comments on all of them, they're more than
welcome to make those here rather than three different times.
COMMISSIONER MAC'KIE: That's what I was hoping.
MR. ABBOTT: I'm Charley Abbot. I live in the City of Naples,
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and so I feel as a resident of the city I already have an obligation
with the Wilkinson House, that I'm not happy with, but that's
neither here nor there.
I think their project started off with a lot of well intentioned
people, a the common good. Unfortunately, I think they impaired
it with that reverter clause agreement. It blew their financing.
And I think that they've bitten off more than they can chew just
through bad luck and all sorts of maybe misadventure here.
My type of thoughts on it is the Collier County Museum, of
which I'm one of the directors of a group called The Friends of
the Collier County Museum, is that they haven't thoroughly
analyzed what they're doing. They have a political situation at
the moment with the City of Naples, who owns the house. But
Gary Gatlinburg (phonetic), speaking to the City Council, spoke
about where was the extra money going to come from. And he
was concerned that they were basically in a position of
supporting a private agreement on this house.
The issues that we have on the two houses that have been
moved to the Collier County Museum site is you have to do a
little more detailed analysis than I have seen on the Wilkinson
House. Can it be moved, can it be -- if you left it in place, what
sort of repairs are going to be needed. It's way more than just
buying a house that's, what, 90 years old now.
So I urge great caution that how can you make such an
important financial decision without having all this type of data,
including just best guesstimates on moving stuff. And nobody
seems to have seen any of that.
I really don't have many comments past that, other than I
was concerned to see the Roberts Ranch project finance
changed from four and a half years to 10 years, because some of
the grants that we have active with the State of Florida now --
that means they're submitted and signed by the Commission -- is
based on our payback schedule, and they like to award monies
based on our participation, meaning your ownership participation
and such. And I'd hate to have any of our grants bumped out of
the process for revision, because frequently you lose your place,
you've lost it for good for that year. It's kind of a limited pot
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June 13,2000
thing.
And I'll speak later on, you know, museum activities. But
right now I hate to see the Wilkinson House funding coming out
of a pot or a cookie jar that I consider the Collier County
Museum. Thank you.
CHAIRMAN CONSTANTINE: Mr. OIIiff, is there any reason to
believe that we're putting any grants in jeopardy?
MR. OLLIFF: The recommendation that's in front of you fully
funds the museum, and I think puts the museum in the same
position it's been in since I've been with the county.
COMMISSIONER MAC'KIE: But we're talking about grants
for-- MR. ABBOTT: Just Roberts Ranch. I don't know about the
others.
COMMISSIONER MAC'KIE: Because of extending the
payback time on Roberts Ranch from three years to 10 years, will
that --
MR. ABBOTT: Four and a half to 10 is how I understand it.
COMMISSIONER MAC'KIE: Okay. Will that reduce the odds
of Roberts Ranch getting any of the state matching grants that
we have sought?
CHAIRMAN CONSTANTINE: I assume the commitment is
still there from the county, so realistically I don't understand why
that's changed.
MR. MIHALIC: The money's already been given to Roberts
Ranch. We're only talking about the debt service link that we
will pay it back at. They money is there. It's money that you've
been given.
COMMISSIONER MAC'KIE: So the state didn't care if the
payback time is extended?
MR. ABBOTT: No, it's our contention that the state does
care on it, because they look at your -- you know, your
commitment into the project. And they do differentiate between
borrowed funds and the regular money.
So I understand exactly what he's saying, and we have title
to the ranch on that, but they match your participation at a time.
And so I think that that's the issue.
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June 13,2000
CHAIRMAN CONSTANTINE: I think that's a red herring. I
don't believe that. I think if we've made a commitment to pay it
in its entirety, then the state is going to appreciate that.
MR. OLLIFF: You've already paid it in its entirety from the
general fund. And it's a repayment, intrafund payment between --
COMMISSIONER MAC'KIE: Oh, that's right.
MR. OLLIFF: -- TDC and the general fund.
MR. ABBOTT: I know, but you have to state what you've
done on those grants. So that's all.
CHAIRMAN CONSTANTINE: Apparently it's paid.
MR. ABBOTT: Okay. I hear. You tell the Immokalee people
that on their part.
COMMISSIONER MAC'KIE.' Dear Immokalee people, it's paid
for. We're paying ourselves back. It's an intrafund transfer
within the county.
CHAIRMAN CONSTANTINE: Next speaker, please.
MR. ABBOTT: Thank you all.
CHAIRMAN CONSTANTINE: Thanks, Charley.
MR. OLLIFF.' Next speaker is Cheryl Henderson, followed by
Gil Erlichman.
MR. ABBOTT: Gil is gone.
MR. OLLIFF: Karen Rhines will be following.
MS. HENDERSON: Good afternoon. My name is Cheryl
Henderson. I'm treasurer of the Friends of the Museum in the
Everglades. Today I'm also their messenger to you.
And perhaps I should waive my right to speak if this is not
going to be choosing your favorite child today, because our
organization provided approximately $600,000 for the Museum of
the Everglades, which includes the land and the building,
fundraising, grant procurement and in-kind services.
As part of the historic restoration grant, the Friends also
agreed to provide greeters during the hours of operation,
additional funds for exhibits, and continued in-kind services. As
you know, this has been a monumental achievement for a tiny
community which secured recognition for Everglades City as
Outstanding Rural Community of 1998.
The friends were awarded --
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June 13,2000
COMMISSIONER MAC'KI E.'
MS. HENDERSON: Yes.
COMMISSIONER MAC'KIE:
MS. HENDERSON: Yes.
COMMISSIONER MAC'KI E.'
that's something that --
MS. HENDERSON: We got it.
You mean for the whole country?
For the whole county?
I knew that but I just thought
The Friends were awarded $1,500 for the museum, as a
result of their winning applications. The Museum of the
Everglades is a Collier County Museum. Collier County holds title
to its land, maintains ownership of everything associated with
the building and its contents. So we want to continue funding for
this museum.
Roberts Ranch is also Collier County Museum. It was
bought with tax dollars to provide the public with the third Collier
County Museum.
The 800,000 in consideration for the Wilkinson House,
together with the fundraisers and participation of the Friends,
would probably complete the Roberts Ranch in three to four
years.
Wilkinson House does not belong to Collier County, nor will
it after the sum of $800,000 has been spent. It will not be ready
to receive visitors for many years. The people associated with
the project apparently have not gotten word of their project
before the public via fundraisers, and have not solicited news
articles of their activity in our local press.
We just find it difficult to understand why you're supportive
of spending an enormous sum of money on a project which lacks
public support and may endanger funding for existing projects
that have a great deal of public support. Thank you very much.
CHAIRMAN CONSTANTINE: Thanks. And let's stress, it is
not endangering any of the existing projects. MS. HENDERSON: Thank you so much.
MR. OLLIFF: Next speaker is Karen Rhines, followed by Pam
Brown.
CHAIRMAN CONSTANTINE: Good morning -- afternoon.
MS. RHINES: Hello. My name's Karen Rhines. I am the vice
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June 13,2000
president of the Collier County Historical Society.
I understand that there has been some discussion as to the
unity of the board with our president, Jackie Frank. I want you
to know that this board is behind Jackie 100 percent. And
everyone on the board and all the committee heads work with
her and admire her in every way.
Jackie is devoted to the historical society. She spends
seven days a week, 12 hours a day working for the society. All of
it is volunteer time. This community should be very appreciative
of the hard work and devotion that she has given to the society.
Thanks.
CHAIRMAN CONSTANTINE: Thanks.
MR. OLLIFF: Pam Brown, followed by Ann Olesky.
MS. BROWN: Good afternoon. I'm glad to hear what the
board is saying to us now, and I hope this is going to be
reinforced by what you're hearing today.
I wanted to let you know, in our first fundraiser in April,
we've raised $9,000. We netted that. We're already planning for
our next fundraiser, and we would appreciate any support that
you can give us.
MR. OLLIFF: Ann Olesky will be followed by Fred Thomas.
MS. OLESKY.' Hello. For the record, I'm Ann Olesky.
And I want to say that I'm against doing anything to help the
Wilkinson House at this time. And my feeling on that is when a
project comes before you, usually you say show me that the
people care. That happened with Lake Trafford. And you sent us
out and told us to raise $16 million. Scared us to death, but we
did it with your help. With your help. You didn't bail us out. You
supported us and put us through.
In reading the -- I want to read just this little piece from the
Collier County Historical Society. And I mean no defamation to
them. Eco-tourism is part of our past and is also part of our
future, and it's a very important part for bringing in people to
Southwest Florida; namely, to the Collier County area. But I
wanted to read this, just real quick, if you don't mind.
The City of Naples has purchased this home. The society
will run and operate it and raise the necessary funds to
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June 13,2000
completely own it in two years. Doesn't say Collier County.
Also drove by it just to make sure I had my facts straight.
Where in heaven's name will you put tourists that want to travel
to visit this beautiful home -- or will be a beautiful home? There
are a lot of places that could use that extra money that we found
in this cookie jar.
Please take the time to consider what you're doing and
where the money should go. And thank you, and thank you again
for supporting Lake Trafford. I think it's going to be a wonderful
event for everybody. Thank you.
MR. OLLIFF: Fred Thomas will be followed by Art Lee.
MR. THOMAS: I just want to say thank you all for securing
the funding for Roberts Ranch and making that work like it's
supposed to work. And any future projects that we do along that
line, matching grants, Greg does an outstanding job of putting
those things together for us, and we just need your continuing
support to make sure the focus is to develop Immokalee as a
tourist destination point. Thank you.
MR. OLLIFF: Following Mr. Lee would be Lynn Kolb.
MR. LEE.' For the record, my name is Arthur Lee. I'm a
25-year resident of Naples; most of that time devoted to history,
prehistory of the area. And 17 years I've been a volunteer worker
at the Collier County Museum.
I understand that there is no immediate threat to the budget
of the museum. As -- this is a very sore point, because as a
member of the Friends, I'm aware of the fact that we do
everything but wash dogs to help the museum out in its funding.
I'm not adverse to dogs, but I'm getting a little old for washing
them, particularly the big ones. And I do hope that out of this
comes no jeopardy to the struggle and particularly to avoid the
annual struggle that we used to have when we were trying to
chisel money out of the county budget.
They -- that was a mess every year, and it made it
impossible to do long-range planning. We couldn't commit
ourselves beyond the budget limitations. So it's been pure
heaven having a guaranteed piece of money coming in. And I do
hope there's no -- this is not jeopardized in any way. Thank you.
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June 13,2000
MR. OLLIFF: Following Lynn Kolb will be Jackie Frank.
MS. KOLB: Hi, my name is Lynn Wuesthoff Kolb. Some of
these comments may not be necessary at this point anymore
either. But I'm the past president and current board member of
the Friends of the Collier County Museum. I've been a resident of
the City of Naples since 1984.
I first came to Naples in 1967~ and was fortunate then and
for many years to follow to learn about the history of Naples and
Collier County from Dr. Earl Baum. He first arrived in Naples in
1922. Some of you may be familiar with his collection that's
housed at the Collier County Museum. His collection is housed in
the Huntoon Gallery of the Henry Espenlaub Home, a 1946 home
which is one of two homes relocated to the museum grounds in
order to be restored and preserved. The other is a 1926 home,
now known as Discovery Cottage.
Dr. Baum would be proud and thrilled to see that hundreds of
school children and the residents and the visitors of Collier
County are able to enjoy a collection that he was so proud of,
and that all are able to learn a little bit more about the early
years of the area and what Dr. Baum and his guide, Forest
Walker, experienced.
This collection and these homes are on display now because
of the hard work of the museum staff and the many dedicated
friends of the museum board members, friends and volunteers.
Roberts Ranch was also recently added to the county
museum system and they too have a number of personally
interested and dedicated volunteers.
I'm very much interested in preserving the history of the
area, including preserving some of the remaining original homes
in the City of Naples.
My comment to you in reviewing and considering the
situation is please don't take away from or put on hold any
existing, successful, supported historical preservation
operations, such as the Collier County Museum, which includes
Naples, Everglades City and Immokalee. It would be wonderful if
this home on our multi-million dollar beach could be saved. But
with the restrictions that I understand have been placed on the
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June 13,2000
use at this location, I'm not sure that many people would actually
be able to visit and enjoy the home.
Are we convinced that the dollars not only to buy but to
restore and keep up the home are there and will be there? Are
there long-term dedicated personally interested volunteers to
support the project? Will this be just another project to turn over
to Collier County at some point in the future, like Dr. Baum's
collection was?
I can easily support preservation. I cannot easily support a
financially risky proposal. If the TDC has an unlimited budget,
then that's great, go for it. Just please don't in any way diminish
or jeopardize an existing, successful, supported, proven county
museum system that Collier County can be proud of now and for
years to come.
MR. OLLIFF: Following Jackie Frank will be Kathy Guyitt.
MS. FRANK: First of all -- well, I'd like to say I'm Jackie
Frank, president of the Collier County Historical Society. And I'm
so pleased that the county museum appreciates, in particular, as
it was just mentioned, the Espenlaub House.
Perhaps some of them are not aware that the Collier County
Historical Society paid $15,000 for that to be moved to their
premises, plus also donated some of the items of the Baum
collection, which were first given in hand to the historical
society.
And also, I'm sure most of you know that the Collier County
Historical Society raised the funds, approximately $t00,000, for
the county museum to be built. And we're very proud of that.
And we wish them all the very best, and we certainly would not
use any funds that would jeopardize their operation, because we
are the parent organization.
We are here to ask support for another treasure, and that is
the Wilkinson House. It is in Old Naples. And if many of you
have been recently in Old Naples, you would -- you will be seeing
and have seen the demolition of many of our treasured houses.
And it's rather sad to see this disappearing.
The historical society saved the Wilkinson House in a matter
of six days. I have the permit for demolition. And if we let all of
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June 13,2000
these wonderful structures go by the wayside, we will not have a
historic district in Naples. As the signs say historic -- historically
direction -- give historic direction to Old Naples. We will have
nothing more than a new Old Naples.
And therefore, we come before you for assistance with the
TDC funds of $800,000, spread out for three years. This is what
the TDC recommended, and we certainly can use the funds. We
were given three years to raise 2.4 million. We have at this point
raised and paid $616,000 in 21 months. And have these other
groups raised that much money in 21 months, or a year and nine
months?
So I cannot believe that people would say there aren't
people behind us. We also have in-kind gifts. For instance,
Boran, Craig, Barber and Engel Construction firm donated all of
the labor, all the wood, to bring the front staircase, or shall I say
the east staircase, up to code, and also the balcony facing east.
We've recently had Oriental carpets donated. We've had original
chandeliers brought back to the house and soon to be installed.
And a fireplace guard, which goes way back to the first days of
Wilkinson.
And as I've been reading in the paper, and I feel badly that
some people have perhaps been misinformed, I would invite any
of them to go through the Wilkinson House and see, it is not in
great disrepair. It has been almost completely fully restored.
The plumbing is perfect, the electricity is fine.
In fact, before we even undertook this project, I called
Tallahassee, at the preservation department, and asked if they
could recommend a contractor and perhaps an architect to give
us a surveillance, so to speak, of the condition of this house.
And they're -- he's -- through contact of that department, two
came. One architect travels throughout the state going through
possible preservation or preservational interests. He was like a
child around that house. He was skipping over the front bricked
area that is part of the staircase, and he informed us that was
the old cistern. This house is highly historical. And also, an
early canal from the bay to the Gulf went through this property.
It was pre-dug before the Seminole wars.
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June 13,2000
Also, the house -- according to the abstract by Lindsey
Crayton, the house is built over an Indian camp -- and I hope no
one will go out there with their metal detectors to try to find
what they can. But we haven't seen anything, but perhaps it's
long been gone, the artifacts.
But it's a very significant house to save. It is made of tabby,
which is a shell mortar construction, which is indigenous to the
coastal areas of this country, perhaps in Europe, I do not know.
And it also is made -- all the trim and the doors are made of
tidewater cypress. And the flooring on the second floor is made
-- the flooring is made of heart pine, which means that the wood
comes from the heart of a pine tree, which is the strongest.
And we do have visitors through. We in fact have --
CHAIRMAN CONSTANTINE: Jackie, we need you to wind up.
MS. FRANK: Okay.
-- Chrysler Corporation, that wants to use the house for an
event in the year 2001. We have -- we're connected with the
hotels, because the Edgewater Hotel is going to house wedding
guests in August. So with the use of hotels and the interest in
us, that is where the TDC funds come from.
CHAIRMAN CONSTANTINE: Before you go away, question
from Commissioner Mac'Kie. MS. FRANK: Yes.
COMMISSIONER MAC'KIE: I just need to understand, Jackie,
the extension that you've gotten, the letter's dated yesterday --
MS. FRANK: Yes.
COMMISSIONER MAC'KIE: -- from Kevin Rambosk. As I
understand it, it says now that you don't have to repay the -- you
have to repay the city's money over six years instead of over --
MS. FRANK: Well, that would be six years from the start in
'98. The end would be next year. So we were given three years.
So it has been added three years from the end point, which
would have been next year.
COMMISSIONER MAC'KIE: Okay, so now you have until
2004.
MS. FRANK: I believe 2003.
COMMISSIONER MAC'KIE: Okay, 2003 to repay the money.
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June 13,2000
MS. FRANK: Yes.
COMMISSIONER MAC'KIE: But how does that tie in with the
reverter? Doesn't the Bonaquist (sic) interest have to sign off on
that, too?
MS. FRANK: Perhaps Stan McDonald can explain that, our
attorney, our wonderful pro bono attorney. All right?
COMMISSIONER MAC'KIE:
MS. FRANK: Stan?
And thank you.
COMMISSIONER MAC'KIE:
attorney?
That would be good.
May I ask the question of the
CHAIRMAN CONSTANTINE: Certainly.
MR. OLLIFF: And Stan was your last registered speaker.
COMMISSIONER MAC'KIE: I could waive, if the next speaker
CHAIRMAN CONSTANTINE: Go ahead. Let's let him in.
Yeah, actually, if we don't mind, let's just trade it out after he
answers the question.
MR. McDONALD: There is no reverter.
COMMISSIONER MAC'KIE: There is no reverter?
MR. McDONALD: No. Never was.
COMMISSIONER MAC'KIE: Well of course there is.
MR. McDONALD: No, the City of Naples owns the property.
It doesn't revert back to the City of Naples. They already own it.
And the agreement you're referring to, we had a donor for
200,000, and he insisted the property stay a public museum. If
the society couldn't keep it as a public museum, he has the right
to keep it as a public museum. So what you're calling a reverter
is a restriction on its use to perpetuate it as a public museum.
COMMISSIONER MAC'KIE: Mr. Weigel, have you looked at
the document that we're discussing?
MR. McDONALD: Now, the City of Naples, to be completely
full in disclosing here, what you may be thinking of as a reverter
is that the City of Naples, if the society does not buy the property
from the city, then the city is free to use it for other than a public
museum,
COMMISSIONER MAC'KIE: My concern was that I think -- I
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June 13,2000
don't even know, is the name Bonaquist? COMMISSIONER BERRY: No, it's Bloomquist.
MR. McDONALD: The Bloomquist agreement does only
create a permanent public museum restriction. If the society
cannot create the restriction, the agreement mandates that the
property be limited to public museum.
COMMISSIONER MAC'KIE: But owned by an individual?
MR. McDONALD: Yes, he would do it through acquiring title
is the only way he could maintain it as a public museum. But
public museum it stays, nonetheless.
COMMISSIONER MAC'KIE: David, you want to comment on
that? Because this is my question: If they've extended with the
city now for six years --
MR. McDONALD: Well, the agreement was 15 years. The
three years was a test period to see if the society could seriously
raise money.
COMMISSIONER MAC'KIE: But the bond is for 15 years.
MR. McDONALD: 15 years, correct.
COMMISSIONER MAC'KIE: Your agreement with the city --
MR. McDONALD: With the implicit understanding that if we
seriously can raise money, they will accommodate us.
COMMISSIONER MAC'KIE: But your agreement with the city
was for three years, not for 15.
MR. McDONALD: Technically, yes. Three years was a test
period.
COMMISSIONER MAC'KIE: But --
CHAIRMAN CONSTANTINE: And it's now with the city for --
MR. McDONALD: Now they've extended it. No problems.
They see that we're raising money.
COMMISSIONER MAC'KIE: Okay.
COMMISSIONER CARTER: Well, let's suppose if you don't
get to where you need to be and the city takes it over, they no
longer have to maintain it.
MR. McDONALD: They can -- as a possibility, of course, they
can do what they want with it. As a probability -- and I won't
lecture you about the force of politics -- they would probably
want to keep it as a public museum. It appears to be the --
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become the Vizcaya of the west coast.
COMMISSIONER MAC'KIE: I know that there are other legal
opinions other than yours, because I've read them.
MR. McDONALD: I'm not aware of any legal opinion different
than mine. Two sentences in the agreement control it. One says
restriction to run with the land, the other says public museum.
COMMISSIONER MAC'KIE: But there are, as I was saying,
other legal opinions. I've read one from Attorney Joe Cox.
MR. McDONALD: That it would interfere with fundraising.
And quite true, because nobody understands it.
COMMISSIONER MAC'KIE: Okay. David, is this a rever -- I
mean, I don't care if it's technically, legally, technically a
reverter. My question is, is there an impediment here where the
county could tie up money for three and now maybe six years --
that troubles me -- that would be unavailable for other purposes
until 2003 or '4 --
CHAIRMAN CONSTANTINE: That would be three years, not
six years then. Three years have already expired --
COMMISSIONER MAC'KIE: Yeah, four.
CHAIRMAN CONSTANTINE: -- so it's three years into the --
COMMISSIONER MAC'KIE: Three years from now.
CHAIRMAN CONSTANTINE: Which is what we were
committing to, anyway, when we talked about the three --
COMMISSIONER MAC'KIE: Three years is what was in there
from the beginning?
CHAIRMAN CONSTANTINE: Yeah.
Let's go ahead and do the next public speaker. You work on
that legal side and we'll get to that. MR. WEIGEL: All right, fine.
MR. OLLIFF: Your next and last --
MR. WEIGEL: You need to do a little homework here.
MR. OLLIFF: Your next and last registered public speaker
will be Kathy Guyitt.
COMMISSIONER MAC'KIE: Maybe put it on the visualizer,
Tom, so everybody can see.
MS. GUYITT: Good afternoon, Commissioners. Thank you
for hearing this very important issue today.
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June t3,2000
I'm Kathy Guyitt. I currently hold the volunteer position of
the interior restoration committee chairman. I am one of 800
members of the Historical Society, and I am one of dozens of
volunteers committed to the Wilkinson House restoration project.
I wanted to bring you up to date a little bit on our work that
is happening on the Wilkinson House as far as the restoration
and refurbishment goes. We are currently working on East Coast
and national publication involvement. Typical of the interior
design community, architectural and construction industry is to
bring in magazines such as Southern Accents, Coastal Living, or
Veranda and shows like Bob Villa's Historical Homes or This Old
House, and have them be a part of this.
I believe that the public attention to Wilkinson House and
the Historical Society will also greatly benefit any of the other
museums or public historical venues in Collier County. And we
can make sure that that happens.
We would like to work as a partnership in this city and in the
county. We are documenting before, in progress, and after on all
aspects. The house is currently to building code. It has been
inspected. An enormous amount of work has been done on the
house to get it to that point, and great deals of it have been
donated. The house is also being furnished. We recently
received a turn-of-the-century Chickering player piano from a
prominent family in this city. And I'm not sure if I'm allowed to
say, but it is a prominent family.
And I want everyone to know that we are getting quite a bit
of support from the community that is quiet, but nonetheless
there.
The growth of Naples has caused a lot of change in this city.
And I feel for any of the organizations that were here in the
earlier days, because obviously as the starting groups, they had
the hardest time. They had to work hardest for their dollars and
work hard for their public recognition.
As the city has grown and therefore become more
financially sound, therefore, there are more dollars and it's easier
for the newer organizations or new interests and new attractions
of the area to become funded or supported.
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June 13,2000
That doesn't mean that we all can't work together on this
and share the pot, so to speak, if you will. And I do think that
that has to be a partnership. As Jackie said and others have
said, we have no interest in taking away from anyone else.
I also am going to be in Los Angeles in July, and I have
tentative plans to meet with the last existing nephew of Judge
Wilkinson. And he is supporting this program as well. He is
providing documentation, pictures and stories. And I hope to get
a lot more of that in person this summer.
Last but not least, as Jackie said, the house is open. It's
currently open. It has been open for over a year, or the last two
years. It is open for tours now. It is raising revenue. It is open
for events, such as the weddings and the events with the hotels.
We are raising other funds for restoration and refurbishment
purposes. And that is ongoing. Other nonprofit organizations in
town are also holding events at Wilkinson House.
The house has been described as dilapidated and other
sorts of adverbs and adjectives in the paper, and that is very,
very far from the truth. If you have any questions on what we're
doing, I'm more than happy to answer them, because there's a lot
of misinformation. Yes.
COMMISSIONER MAC'KIE: What does it cost to tour the
house?
MS. GUYITT: It is $6 to tour either Palm Cottage or
Wilkinson House, or $10 for a ticket to both houses. And they
are within walking distance to each other. There is also a city
parking lot across from Palm Cottage, and Wilkinson House is
located on the beach approximately five blocks from the Pier.
COMMISSIONER MAC'KIE: So parking is not -- people tend
to think that parking's a terrible problem for accessing the
house, and it's really not, if you're familiar with the area and
you're willing to walk a couple of blocks.
MS. GUYITT: Absolutely. It's no different than any of the
other attractions downtown.
COMMISSIONER MAC'KIE: Five blocks. Five small blocks.
MS. GUYITT-' Small blocks.
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June 13,2000
COMMISSIONER CARTER: If I'm a tour bus operator and I
want to take 60 or 70 people through that house, I've got to park
five blocks away with my bus and take them down there to go
through this.
MS. GUYITT'- Correct. They currently do not go down the
street, as they do not go down most of the private avenues.
CHAIRMAN CONSTANTINE: But if you're a tour bus
operator, you could pull off to the end of the street a half of a
block away, drop off your 60 people, go find someplace to park,
the way they do at any other --
MS. GUYITT: Absolutely.
CHAIRMAN CONSTANTINE:
city.
-- attraction here, and in any
MS. GUYITT: We've had groups attend, including school
children, and it's been very successful.
COMMISSIONER MAC'KIE: My only -- I've been anxious to do
this funding, as Jackie knows. I've worked with her to amend
the ordinance to open the door for the application.
My only concern has been -- well, I guess I have to say there
are two concerns: One is the legal issue about could we lose tax
money here. Could we spend tax money on something that might
eventually go back into private ownership? If that's a possibility,
that's a problem. But that might be able to be addressed by
making our $800,000 the last 800,000 to come in the door.
The other concern I've had is if it's -- if this is going to be a
viable operation, if it's going to make it financially. And I think
it's a darn shame if it shouldn't, and it absolutely should. But
again, if we're the last $800,000 in the door, then we're not
risking tax money. And that's our obligation.
MS. GUYITT: Absolutely. And I think all of us would expect
you all to protect the taxpayers' money.
While we don't have this in writing, I can tell you that there
are many of us involved in the society who are going to make
sure that this goes through. One way or another, this house will
be purchased, and it will be refurbished and it will be a viable
museum, as it is already.
As to the point of, you know, taxpayer monies, then that
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June t3,2000
therefore makes that a moot point, because, you know, we have
every reason to believe that it is already successful on a small
scale and getting larger every day.
If you'd like more information on who some of the donors are
that are -- and work some progress on donations, you know, the
support that we're receiving, who's involved in the restoration
and refurbishment process and who is sponsoring rooms coming
up in the future, that kind of thing, all of that information is
available.
COMMISSIONER CARTER: Did I hear you correctly, that you
would have private donors that would cover all of this, even if we
didn't participate?
MS. GUYITT: I think that in my opinion as a chairman of the
Historical Society, we can certainly work hard to come up with
the monies in lieu of the $800,000. But --
CHAIRMAN CONSTANTINE: Let me rephrase that. If we
don't give this, are you just going to just give up? MS. GUYITT: Absolutely not.
CHAIRMAN CONSTANTINE: I mean, I think that the point is
obviously by whatever means possible, you're going to try to do
this. That's the commitment you made a couple of years ago and
that's where you're headed.
I think we can and should be a part of this. This is -- there's
no downside to this. If we don't negatively impact any of the
other museums -- and I think that we've made that point, we
don't want to limit the funds to anybody else, we don't want to
take away anything we've committed -- there's no downside to
those museums.
If we make a three-year commitment that happens to mirror
the timeframe they are looking at when they need to raise this, it
allows them to leverage some private funds and/or grant funds,
because they have the commitment there, and essentially sets
up us as matching funds. If we get to the end of the three years
and they've been unsuccessful, then we have that protective
mechanism written in.
There is absolutely no downside to this. I think we've got a
couple of neat homes here on property, but the opportunity to
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June 13,2000
have a home at its original site, particularly with the historical
significance on the beach, is just unparalleled. So I hope you'll
go ahead and support this with those three caveats.
COMMISSIONER BERRY: I have one more question.
CHAIRMAN CONSTANTINE: Commissioner Berry?
COMMISSIONER BERRY: When I'm looking here at the figure
for the Collier County Museum, I see $746,200. MR. MIHALIC: Yes.
COMMISSIONER BERRY: Was that their request?
MR. MIHALIC: The request was slightly lower. I believe that
management and budget, as they've worked on their budget
issue for the museum, have come up with a slightly higher figure
than their original request, which was --
COMMISSIONER BERRY: So the 746 is a good number?.
MR. MIHALIC: Yes.
COMMISSIONER BERRY: And that is going to be good in
terms of the museum? MR. OLLIFF: Yes.
COMMISSIONER BERRY: Regardless, if we go ahead and
can give that money, we can still do this other 800,000 --
MR. MIHALIC: Yes, we can --
COMMISSIONER BERRY: -- over a three-year period?
MR. MIHALIC: -- make a commitment for the 800,000. And
exactly when it's necessary, we may have to be flexible in where
we get that 800,000 from.
MR. OLLIFF: And just so the board is clear, what we're
actually recommending to you is that at the end of the three
years, should the Historical Society have come up with a balance
of the funding that they needed to, we would at that time, even if
we didn't have the cash in hand, we could take out a note
against future TDC collections or some other mechanism that
way, provide the 800,000, so that again it does not affect your
current museum funding at all.
MR. MIHALIC: But we would have to accept the debt service
on Roberts Ranch.
COMMISSIONER BERRY: You would have to what?
MR. MIHALIC: Extend the debt service repayment on
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June t3,2000
Roberts Ranch, and that's 8(A)(8), the issue that's coming up.
COMMISSIONER BERRY: Okay, but that's our problem, not --
MR. MIHALIC: Yes, that's --
COMMISSIONER BERRY: -- a problem for Roberts Ranch.
MR. MIHALIC: Yes. It's an internal accounting issue.
COMMISSIONER MAC'KIE: Internal accounting.
MR. OLLIFF: And that's all your registered speakers, Mr.
Chairman.
CHAIRMAN CONSTANTINE: I'll make a motion we approve
the item with those three caveats.
COMMISSIONER CARTER: I'll second.
COMMISSIONER MAC'KIE: I'd like to -- if there -- it doesn't
matter much, but if there is then -- if the answer to the question
is in fact that the -- what -- I'm sorry, I don't remember your
name, but the attorney for the Historical Society said, I'd love to
use this as an opportunity to clear that up. Can we do that, or is
it more complicated than that?
MR. WEIGEL: No, it's not more complicated. And I think
what Mr. Constantine has suggested works very well with the
agreement that we're reviewing here. And there's no automatic
reverter. And in fact, if ultimately the payoff was not
accomplished under this agreement with Bloomquist and the
historical society, what happens is it provides an option to
Bloomquist to purchase for the outstanding debt the property or
the sum of 1,800,000, whichever is greater at that point in time.
This I think works very well with Mr. Constantine's
suggestion, that the county's money is there, it's committed, but
it's not paid yet. So it keeps the figure rather high in terms of
potential repurchase -- or purchase, I should say, by Bloomquist.
Additionally, if Bloomquist should purchase the property --
and that's Bloomquist, the family -- through the succession of
events, it allows them to do so under this agreement. They then
are under the very same strictures and provisions that the
Historical Society has, which is to hold the house open, a public
place, et cetera, et cetera, et cetera. So it looks pretty good
there.
COMMISSIONER MAC'KIE: That's a big difference.
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June 13,2000
MR. WEIGEL.' It's not a reverter.
COMMISSIONER MAC'KIE: I mean, that's a very positive bit
of information that I'd like to get out there, and that is, no matter
who owns it, it's going to remain a museum available to the
public. And that's important. That's a big thing. Thank you.
MR. OLLIFF: Well, that's not altogether true. There is still
that City of Naples issue. Should there be a default in payment,
the City of Naples has the right to do with that property what
they choose to do.
COMMISSIONER MAC'KIE: And they probably want to make
a parking garage out of it.
CHAIRMAN CONSTANTINE: Right.
MR. OLLIFF: I agree.
CHAIRMAN CONSTANTINE: And that's the -- and that's
obviously the third leg of my caveat is if for any reason that's
going to go the other way, we want to write in a protective
mechanism in for the county. Commissioner Berry?
COMMISSIONER BERRY: Okay, because that was one of the
things that was being said that, you know, okay, the county's
going to pay its debt down. And then if they default, then Mr.
Bloomquist could step in and achieve and acquire this property.
In other words, we're financing this property, but the way this is
stated now, that isn't going to happen. In other words, they have
said what would happen, we would pay down "X" number of
dollars and reduce the debt, they would default, Mr. Bloomquist
would step in, buy the property at a reduced rate. And you're
telling me that that's not going to happen.
MR. OLLIFF: Not as being the funder of last-in-line funding.
So you know that all that's left in order to clear the total debt
will be your $800,000 contribution. So there should be no
opportunity at that point for anyone to exercise those options.
COMMISSIONER BERRY: In other words, it's not public
funds that are subsidizing a private individual to get a better
price on a piece of property. MR. OLLIFF: Correct.
CHAIRMAN CONSTANTINE: We'll call the question. All
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June t3,2000
those in favor, please state aye.
Anybody opposed?
(No response.)
CHAIRMAN CONSTANTINE: Motion carries 4-0.
MR. OLLIFF: I don't want to make this more complicated
than it's worth, but I do need to be very clear that the motion
was that we include a reverter section in there in the funding
from the City of Naples, so that ends up -- I don't know how to do
that other than having a three-party agreement.
COMMISSIONER MAC'KIE: No, I thought the motion --
CHAIRMAN CONSTANTINE: Let's let the attorney worry how
to do that, but I think your point is the same. We want to make
sure we protect taxpayer funds. If we need to do that in an
agreement with the city, great. But however we need to achieve
that, we just want to make sure there's a protective mechanism.
COMMISSIONER MAC'KIE: Okay, I'm sorry. I've got to
understand -- be sure I understood the motion then. Because I
thought what we just voted on was that no money leaves the
county until the reverter possibility or the ownership by anybody
other than the Historical Society is gone. We aren't writing a
check until we know that the Historical Society has raised every
other nickel. In which case we don't need an agreement with
anybody else. We have an agreement with the Historical Society
contingent on their raising every other nickel they need, we will
give them this 800,000. That's what I thought I was voting on.
MR. WEIGEL: Well, I'll just say that from the agreement
itself, yes, you understand the financial part, I think, very clearly.
There are -- the other, it's not a reverter, per se, it's an option to
get involved in purchase for a price and take over the facility. It
also would come into play if the Historical Society, under the
Society/Bloomquist agreement, if the Historical Society should
not abide by the restrictions or operational requirements that are
in this agreement, which essentially are the covenants to have a
public museum open to the public and run it in a museum type of
sense,
CHAIRMAN CONSTANTINE: And my intent there was not
only all that, but if for any other reason they -- and I think it all
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June 13,2000
bundles in together, but if for any reason they stopped doing that
at some point or decide to liquidate the property or anything
else, that we would have some protective mechanism.
COMMISSIONER MAC'KIE: I got you.
MR. WEIGEL: We'll work on that.
COMMISSIONER MAC'KIE: Thank you.
CHAIRMAN CONSTANTINE: Oh, no, thank you.
Item #8A7
TOURIST DEVELOPMENT COUNCIL FUNDING FOR THE MARCO
ISLAND HISTORICAL SOCIETY, INC. - APPROVED WITH
MODIFICATIONS
8(A)(7), approve tourist development council funding for the
Marco Island Historical Society.
COMMISSIONER BERRY: Move approval.
COMMISSIONER MAC'KIE: Second.
CHAIRMAN CONSTANTINE: There's a motion and a second
on this next item. Is there discussion? Do we have public
speakers?
MR. OLLIFF: You do.
COMMISSIONER BERRY: Do they want to talk us out of it?
MR. OLLIFF: I think they want to talk you into something
different.
The first speaker is Betsy Perdichizzi, followed by Bill
Perdichizzi.
CHAIRMAN CONSTANTINE: Betsy, hang on for about 30
seconds while they switch over.
CHAIRMAN CONSTANTINE: For the record you are?
MS. PERDICHIZZI: My name is Betsy Perdichizzi,
vice-president of the Marco Island Historical Society.
We appeared before the TDC in March asking for the sum of
$25,495.49. And that was to cover the amount that we needed to
preserve the documents on Marco Island that we have been
offered that are moldering in attics, storage rooms, business
men's offices that need to be protected.
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June13,2000
And, so, what the TDC did, we got caught up in this problem
and what the TDC recommended was that we qualified only for
the 13,900, which is their recommendation to you for advertising.
But we are here today to ask for the full amount, the $25,495.49,
because that is what covers archival materials that we need,
electrified storage control, two museum cases, museum
equipment, the hygrothermagraph and publicity for the museum.
COMMISSIONER MAC'KIE: Have you approached the city
council for the City of Marco for support?
MS. PERDICHIZZI: We have not approached the City of
Marco for support.
COMMISSIONER MAC'KIE: Why?
MS. PERDICHIZZI: We have not approached anyone. We did
not approach the county for support four years ago when we
established our museum.
We are a private nonprofit museum. We are operated by
volunteers and we have operated this little museum. It's a
temporary museum at the Board of Realtors on Marco Island.
And we have worked in many areas with the county, with
Collier County Historical Society. We are -- we were a chapter
and -- and because we realized that Marco Island has its own
unique individualism and its own unique concerns, we became an
independent society four years ago and then established this
museum.
And it details the pioneer industries, the claiming industries
on Marco Island and the fishing and the farming and it also --
Marco Island is the site of the prehistoric Caloosa Indians and all
the artifacts, and, so, we have a great history of -- to share with
the county. And we have been working very hard.
Most of us work full-time on volunteerism as you can believe
and we have also worked to raise 35,000 toward a permit
museum, so we have not approached the city or the county for
that. We are working but what we are asking for in all of our
efforts to provide for the history and heritage of Marco Island is a
little help right now that we need. And it's only 25,000 out of this
huge amount of money.
And we're -- and -- and we're grateful that the TDC
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June 13,2000
recommended thirteen nine thousand -- nine hundred, which will
help, but we actually need the full amount. So, this is why we're
here today.
CHAIRMAN CONSTANTINE: Just so you know where the
TDC came from, the other items don't meet the letter of the law
and we've done this before and gotten ourselves in a little bind
when we haven't followed the letter of the law but an electrified
climate storage control unit, fire sprinkler, and so on, those are
not things as far as --
MS. PERDICHIZZI: Not fire sprinkler.
CHAIRMAN CONSTANTINE: The storage unit is a ten by 15
by seven climate control with a fire sprinkler system. Electricity
is available.
MS. PERDICHIZZI: Well, we're just going to rent --
CHAIRMAN CONSTANTINE: The point is the same. These
are not things that the current law allows us to expend funds on,
so while --
COMMISSIONER MAC'KIE: How can that be --
CHAIRMAN CONSTANTINE: -- while the TDC saw the use for
the purposes, storing these things away somewhere and having
climate control and buying capital things like museum cases
don't fall into the categories.
COMMISSIONER BERRY: It's the same thing as using tourist
funds to build roads. I mean, we all -- everybody in this room
would agree that tourists impact roadways in Collier County. I
don't think there's anybody out there that would say that they
don't, but I don't believe -- correct me if I'm wrong, but our state
statute does not allow for us to use tourist development funds to
build roads in Collier County.
COMMISSIONER MAC'KIE: But --
COMMISSIONER BERRY: Is that correct, Mr. Mihalic?
MR. MIHALIC: Will not be allowed to build roads, that's
correct.
CHAIRMAN CONSTANTINE: And I know -- and obviously it's
the pleasure of the board but we've had this debate so many
times over the years.
COMMISSIONER MAC'KIE: I have just one question.
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June ~3,2000
CHAIRMAN CONSTANTINE: And we have made exceptions
to the rules so many times over the years and the credibility of
tourist tax dollars have eroded over the years because we've
made so many exceptions and it meets the law or it doesn't, and
in this case it doesn't.
And it doesn't in any way suggest that the value of what
they're trying to achieve is less and it's not. What you're trying
to do is great. It doesn't meet the letter of the law though and
we can't just cast that aside. Commissioner Mac'Kie.
COMMISSIONER MAC'KIE: My question is just this. Is this
an application under the advertising and promotion or under
museums? If it's under museums, I don't understand why we
can't buy the museum case with the money just like we can buy
a house with the money. If it's under advertisement and
promotion, then I understand the 13,900 limit.
So, that's just my question. Or do I misunderstand the law,
Mr. Weigel?
MR. WEIGEL: I don't think so.
COMMISSIONER MAC'KIE: So, Tim, I don't understand why
this isn't eligible. I mean, I'm not dying to do the money, but --
CHAIRMAN CONSTANTINE: I'm reasonably sure that the
idea was not to rent a storage unit to put some things so that
maybe at some point in the future it can be displaced.
COMMISSIONER MAC'KIE: That was not my -- that's not my
question. My question is --
COMMISSIONER BERRY: What I'm wondering is it's in the
wrong category.
COMMISSIONER MAC'KIE: My question is -- let me just
forget everything else asked.
Mr. Weigel, is the full 24 something, 25,000, a legal
expenditure?
MR. WEIGEL: I can't tell you off the top of my head. I'll have
to look at it for a moment.
COMMISSIONER MAC'KIE: So, where did the TDC gets its
advice?
CHAIRMAN CONSTANTINE: At the TDC meeting.
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June ~3,2000
COMMISSIONER MAC'KIE: I mean, who gave it? Who's the
lawyer there or something?
MR. MIHALIC: I believe Mr. Manalich was there.
COMMISSIONER MAC'KIE: I just don't understand why we
can --
MR. MIHALIC: I'm sorry. Excuse me.
COMMISSIONER MAC'KIE: -- pay for--
MR. MIHALIC: Miss Ashton was there.
COMMISSIONER MAC'KIE: -- the Wilkinson House museum,
which is privately owned, not for profit, available to the public
and we can't pay for this one. Why are they apples and oranges?
Just a genuine question.
CHAIRMAN CONSTANTINE: Because -- and I think I can
answer that.
COMMISSIONER MAC'KIE: Okay.
CHAIRMAN CONSTANTINE: Because filing cabinets and
supply cabinets and an annual storage in a rental unit is not the
same as buying a historical building with historical museum
value.
COMMISSIONER MAC'KIE: If that's -- yeah. I mean, there's
logic to that.
But then my next question becomes, is there 13,900
available that they're -- how then -- shouldn't they be applying for
their 13,900 under the category of the tourism alliance since it's
promotion and advertising money? We don't -- we can't even give
them the thirteen nine unless we're giving it to them under
museum money.
Do you understand what I'm saying, Tom? Am I making any
sense?
MR. OLLIFF: You are and I think in this case they have
requested it under the museum category and, really, it's for you
to make a policy decision about whether or not the uses that
they proposed are reasonable in your mind in terms of museum
type uses. And I think the argument that Commissioner
Constantine is making that in his mind, they're probably not.
CHAIRMAN CONSTANTINE: The publicity for the museum
certainly is, but buying filing cabinets is not.
Page 137
June 13,2000
COMMISSIONER BERRY: But shouldn't they have gone then
back through the -- through the tourism alliance for -- for the
promotion and gone through there for dollars?
COMMISSIONER MAC'KIE: Like to me --
CHAIRMAN CONSTANTINE: I don't know that that's true. I
think to promote a museum, I mean, some of the money we
spend on our museum is to promote our museum.
MR. OLLIFF: Absolutely.
CHAIRMAN CONSTANTINE: And it's under the museum
category, so I would say no.
COMMISSIONER BERRY: Okay. Then if we -- if we give them
this money, that doesn't preclude them from going to the Marco
Island City Council and asking for the balance of whatever you
need from the thirteen nine to the 25,000. MR. MIHALIC: 11,600.
COMMISSIONER BERRY: Marco Island --
COMMISSIONER MAC'KIE: I think we could be tempted --
COMMISSIONER CARTER: I think they could go anywhere
and ask for that money. All we're going to do is approve thirteen
nine under museums. How they find the rest is up to their own
creative devices.
COMMISSIONER BERRY: Well, I was just making a little
suggestion.
COMMISSIONER CARTER: Right. Right.
COMMISSIONER MAC'KIE: And I guess my other concern is I
don't know -- you know, we've just really thrilled the Wilkinson
House over the viability of their project. Is this an actual billing
concern or are we giving 13,000 almost $14,000, you know, on a
wing and a prayer and a hope that this is eventually going to
become a museum?
COMMISSIONER BERRY: How long -- how long -- you said
four years you've been --
MS. PERDICHIZZI: We have been established four years.
And our requirement -- our -- our package before the TDC -- I can't
-- I don't have it in front of me, but it was written under the
guidelines that are in Category C funds. I mean, there's not a
thing in there, I don't think, that isn't --
Page 138
June 13,2000
CHAIRMAN CONSTANTINE: Publicity for a museum is okay
under the museum category. MR. OLLIFF.' Correct.
CHAIRMAN CONSTANTINE: We do --
MS. PERDICHIZZI: And it said improvement, repair, et
cetera.
COMMISSIONER MAC'KIE: I don't understand why, and I
guess I'm going to -- if you want to wait or you guys know what
you want to do without me --
CHAIRMAN CONSTANTINE: Because this isn't improvement
or repair to some sort of historical thing. This is getting filing
cabinets and getting things so that some day maybe we can have
it on display --
COMMISSIONER MAC'KIE: Tim --
CHAIRMAN CONSTANTINE: -- and that's just very different.
COMMISSIONER MAC'KIE: -- I bet our museum buys filing
cabinets with their money, too, just like they buy publicity.
CHAIRMAN CONSTANTINE: I doubt that they have in the
last two years --
MR. OLLIFF: I will tell you, I think you --
CHAIRMAN CONSTANTINE: -- since they've done TDC
though actually.
MR. OLLIFF: -- you probably could legitimately fund this out
of this category. It is an operating type expense, but I think the
question is whether or not it is reasonable in your mind.
MS. PERDICHIZZI: Would you like to hear the other two
speakers and then debate it?
COMMISSIONER MAC'KIE.' Well, if that --
CHAIRMAN CONSTANTINE: True--
COMMISSIONER MAC'KIE: -- if what he just said --
CHAIRMAN CONSTANTINE: -- true. Great idea.
COMMISSIONER MAC'KIE: -- was a real important point, I
mean, it is an option.
MR. OLLIFF: The next two speakers are Bill Perdichizzi and
Helmut Nickel.
MR. PERDICHIZZI: Good afternoon, commissioners. My
name is Bill Perdichizzi. I'm a director on the Marco Island
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June13,2000
Historical Society Board.
In fact, I will probably address the very specific point that
you've been discussing now. Basically, I'm going to quote you
part of the regulations, the Ordinance 99-66, Tourist
Development Tax, in which it says that the category funds
include funds to acquire, construct, extend, enlarge, remodel,
repair, improve, maintain, operate or promote one or more county
owned museums or museums that are owned and operated by
not-for-profit organizations open to the public.
And, of course, our museum is a -- basically a not-for-profit
organization open to the public five days a week at no charge.
What we are requesting in effect includes the maintenance,
operation and expansion of those items. We are trying to
upgrade our storage facilities, our display facilities. We are
trying to acquire new items. And the reason why we have not
been able to acquire the new items is because we cannot
properly protect them and house them until we are able to set
them up in appropriate displays.
We have been offered a number of items by various
individuals but at this point in time, we basically have not
accepted them because we need to protect them against the
weather, against the aging process and many other items.
Many of the things that we ask for do not apparently in your
view seem to be qualifying, but yet if you read the -- the letter of
your own regulation there, it -- it basically -- we went through this
and we made sure that everything we applied for fit within your
own regulations.
So, we do feel that the 13,000 -- or, excuse me -- the 11,595
additional funds that we're asking for are in conformance with
your own regulation and we do need this money quite crucially to
be able to acquire the new items and to be able to house them
and protect them until we're ready to display them.
We are in the process of expanding our museum. We're
negotiating right now with two different private organizations for
additional room. When we get that additional room, we will need
the facilities to be able to display the material and, therefore,
perhaps, offer a -- a greater opportunity to the public to learn
Page t40
June13,2000
about the history of Marco Island.
CHAIRMAN CONSTANTINE: Questions? One more speaker?
MR. OLLIFF: The last speaker is Helmut Nickel.
CHAIRMAN CONSTANTINE: Thank you.
MR. OLLIFF: I do have a slip from Cheryl Henderson who
signed up for every item from 8(a)(6) through 9.
MR. NICKEL: Good afternoon.
MR. OLLIFF: Okay. And she's left.
MR. NICKEL: Good afternoon. My name is Helmut Nickel.
I'm residing in Marco Island. Although my name is Nickel, I don't
want to discuss money.
I would like to give some thought -- give you some thoughts
about museums and tourism. Museums are important for
tourism. I have been -- before, I moved to Marco Island 12 years
ago, I have been with the Metropolitan Museum in New York for
almost 30 years; 29 years and one month to be exact. Right now
-- and the Metropolitan Museum is one of the major tourist
attractions of New York.
In Marco Island, my wife, Hildegard and I, we are the
curators for the Key Marco Museum, as we call it. And we are
also volunteering at the Naples museum here at the Collier
County Museum in Naples. Although this is quite a bit smaller
than the Metropolitan Museum, it is an absolutely wonderful
museum and it is a major tourist attraction.
The tourists that come here that come out are the greater
part of visitors to the museum in Naples and to the museum in
Marco Island. Many of them come from Europe; from England,
Germany and Switzerland, particularly, and one of the things
about European tourists, of course, many of them go to the
beach, but those that are aiming for a little bit higher go to the
local museums because they are interested in the history, in
particularly, in American Indians.
And Marco Island -- Collier County, in particular, Marco
Island, are one of the most important sites for the preColumbian
history of North America.
Among other things, I'm holding a Doctorate in American
Archeology, and when I was a student in Berlin 50 years ago in
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American Archeology 101, one of the first things that I heard
about was the Marco cat.
COMMISSIONER MAC'KIE: No kidding.
MR. NICKEL: Yeah. 1950.
COMMISSIONER MAC'KIE: Wow!
MR. NICKEL: I don't think that anybody in this room had
heard that earlier about the Marco cat.
It is -- it was a discovery 100 years ago in 1896 by Kushing,
that this is equivalent to the discovery of the bronze age Greek
culture of Micienan (phonetic) through Helmut Schlieman
(phonetic) who also discovered it prior.
For this reason, any consideration for our museums in
Collier County is highly appreciated because it also will affect
tourism here. Thank you.
CHAIRMAN CONSTANTINE: Thank you.
COMMISSIONER MAC'KIE: Mr. Chairman, what I'm
concerned about here is that we might give them $14,000 to
advertise what is essentially a conference room at the Realtors
on Marco Island and if the conference room is not being used for
business, then people are allowed to go in and see the stuff or
that's -- I don't know that. That's what I've just read in the
application, but it's in the lobby of the Board of Realtors, and it
says that there's a guest book, and I just wonder if there has
been enough traffic or if it's already successful enough to justify
$14,000 in advertising, and if that's the best way to spend some
museum money -- I see Donna Rodwood out there. I'll bet she
could do something with $14,000 at the existing Everglades
museum that might generate more heads than beds, which is
what we're supposed to be doing here with tourist money.
I guess the bottom line is I'm going to make a motion that
we do the same thing with this project as we've done with the
Wilkinson House, and that is we will fund your $13,900 in
advertising as a match once you have raised the 11,000
something -- $11,100 you need to make it a more viable
institution.
CHAIRMAN CONSTANTINE: I think that's a fair motion
because one thing we just got done grilling the Wilkinson House
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June t3,2000
is, was their ability to raise private money. They raised 661,000
on their own. They funded the improvements to the Palm
Cottage on their own.
I think it's a fair concern if you're not sure that you can raise
$11,000. I think there needs to be a match here. I think that's a
-- that's being consistent and I think that's a good idea.
MR. MIHALIC: How about $11,6007
COMMISSIONER MAC'KIE: 11,600.
CHAIRMAN CONSTANTINE: Do you want to put that in the
form of a formal motion?
COMMISSIONER MAC'KIE: Yeah. I move that we fund this
request in the amount of $13,900 upon confirmation that the
organization has privately -- has separately raised -- I don't care if
it's private or public money -- has separately raised $11,600 for -- MR. MIHALIC: We'll reserve the funds for this purpose when
they have raised the $11,600.
COMMISSIONER MAC'KIE: And that the funds be reserved at
this point and only paid once there's proof of that 11,600 having
been raised separately from this.
CHAIRMAN CONSTANTINE: And I assume that's raised in
cash as opposed to in kind donations of time and that sort of
thing.
COMMISSIONER MAC'KIE: Yes. Cash.
COMMISSIONER BERRY: Second.
CHAIRMAN CONSTANTINE: Motion and a second. Any
further discussion?
See none, all those in favor, please state aye.
Anybody opposed? Motion carries 4-0.
Item #8A8
TOURIST DEVELOPMENT COUNCIL FUNDING FOR THE COLLIER
COUNTY MUSEUMS AND EXTENDING DEBT SERVICE PAYMENTS
FOR THE PURCHASE OF ROBERT'S RANCH TO TEN YEARS -
APPROVED
Next one might even go smoother; 8(a)(8).
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June 13,2000
MR. MIHALIC: Commissioners, these are the handouts you
were giving today. There was a -- it wasn't included in your
books, so it was handed out this morning. This has to do with
the Collier County Museum. Hopefully, you can find it there.
COMMISSIONER MAC'KIE: Motion to approve.
MR. MIHALIC.' It was placed on your desks.
CHAIRMAN CONSTANTINE: There's a motion. Is there a
second?
COMMISSIONER CARTER: Second.
COMMISSIONER BERRY: Second.
CHAIRMAN CONSTANTINE: Motion and a pair of seconds.
Any speakers on this item?
MR. OLLIFF: I have slips. We will see if there are still
speakers. The first one is John Thompson.
CHAIRMAN CONSTANTINE: You're apparently going to talk
us out of doing this.
MR. THOMPSON: No, trying to talk you into it.
MR. OLLIFF: The next speaker will be Lynn Kolb.
MR. THOMPSON: I'll be very brief. My name is John W.
Thompson. I am president of the Florida Anthropological
Society, director of the Southwest Florida Ectological society
and a volunteer at the Craig Head Archaeological Museum.
I came to urge you to maintain the level of funding. My
northern friends are always enthusiastic about the museum. You
have a quality museum.
Members of other chapters of the Florida Prological Society
come to visit us to see how we have such a successful
relationship here at the museum. If there was a risk of losing the
museum, we have to have a designated repository for artifacts
found in salvage operations here in Collier County. And I don't
think there's any other institution in Collier County that can
provide that service.
And one other thing I was going to mention is that we do
report the work that's done at the museum, laboratory, and
among one of the subscribers is the British Museum so we do
have international publicity for the work that's being done.
Thank you.
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June 13,2000
CHAIRMAN CONSTANTINE: Thanks. And before you call the
next speaker, just so everybody is clear, there's a motion and
there's a second to approve it in its entirety.
MR. OLLIFF: Lynn Wuesthoff Kolb followed by Ann Olesky.
COMMISSIONER BERRY: You would talk us out of this yet.
MS. KOLB: We'd just like to -- Lynn Wuesthoff Kolb. We just
want to clarify exactly what is the amount that you have before
you. We have a different number.
MR. MIHALIC: $746,200.
MS. KOLB: Thank you.
MR. MIHALIC: And extending the debt service on Roberts
Ranch to ten years.
MR. OLLIFF: Ann Olesky followed by Myrna Elia.
MS. OLESKY: I'll pass.
CHAIRMAN CONSTANTINE: There's one here.
COMMISSIONER BERRY: Annie got the message.
MS. OLESKY: I understood.
MR. OLLIFF: Following Myrna Elia will be Charlie Abbott.
MS. ELLA: My name is Myrna Elia and I'm the current
president of the Friends of Collier County Museum.
I would like to say a few words about the relationship
between TDC and the Collier County Museum. I have worked in
the gift shop several times a week for two years and I feel I know
something about our visitors to the museum.
We have visitors from all over the world including our local
citizens who proudly bring their guests to visit the museum.
They want as much information as we can give them, what will
be our next exhibit and so forth.
We, the friends, are an independent organization structured
to assist the museum. There was an article in the Naples Daily
News today pertaining to the Wilkinson House that the Friends of
the Museum have been funded for years by the TDC. To my
knowledge, that is not true.
The museum is a real museum. It's a teaching museum, a
hands-on museum, a fun museum that all ages can enjoy time
and time again. Please don't push our funding aside, which I
don't think you have. We depend on the TDC to be there for
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June 13,2000
years to come without being concerned each year if the museum
will survive. Thank you.
MR. OLLIFF: Charlie Abbott followed by Pam Brown.
CHAIRMAN CONSTANTINE: My support for the item wanes
the longer we talk about it by the way.
MR. ABBOTT: I hear you. It's only pay back. We waited
many hours.
CHAIRMAN CONSTANTINE: Especially after that last one.
MR. ABBOTT: So I can -- I can waste you-ali's time, too.
CHAIRMAN CONSTANTINE: Motion to table the item.
(Laughter)
MR. ABBOTT: The other -- the parts I want to say is I'm still
not happy with that Roberts Ranch delay on the funding even
though I understand the position you all have taken and that's
just the way it is. It's a political answer, but I want you all to
certainly continue the support of the museum and allow us the
artistic crafting that we get from TDC funding always.
We can steer our product and not be in competition with any
other budget item if we do it in the general budget.
COMMISSIONER MAC'KIE: So, but --
MR. ABBOTT: That's all I heard.
COMMISSIONER MAC'KIE: But for what we did on Roberts
Ranch you're happy with the motion?
MR. ABBOTT: Yes, ma'am.
COMMISSIONER MAC'KIE: Thank you.
MR. ABBOTT: Yes, ma'am.
COMMISSIONER MAC'KIE: I'm just getting confused with
the speakers. I'm starting to think something is wrong.
MR. ABBOTT: No. No. I like a motion and a second. That
sounded real good but I wanted to polish the apple slightly more.
COMMISSIONER MAC'KIE: Got you.
MR. ABBOTT: And then I like to hear myself talk, you know.
COMMISSIONER MAC'KIE: Well, there is that.
MR. ABBOTT: Thank you.
CHAIRMAN CONSTANTINE: Before we call the next speaker
as long as Charlie wants to talk about it a little, perhaps we can
explain why the amount of increase since the TDC item because
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June 13,2000
it seems to me that mathematically it's an amazing coincidence
that it has increased to the maximum amount available of TDC
dollars now as how the budget happened to work out, and that
just seems like an odd thing.
That's not a question for you, Charlie.
MR. ABBOTT: Well, but the blue sheet out front has one
number, the white sheet that we have has a number.
CHAIRMAN CONSTANTINE: I understand. That's why I'm
asking the question.
MR. ABBOTT: That's why Lynn Kolb came up to ask
because we weren't sure.
MR. OLLIFF: I don't know. That's a -- that was a budget
analyst change and I can --
MR. MIHALIC: Yeah, budget office.
MR. OLLIFF: -- check that for you. But I don't believe it is
the maximum amount of 15,000 still. There's a --
CHAIRMAN CONSTANTINE: It seems to me the budget
changed depending on how much money was available as
opposed to what the museum necessarily --
MR. OLLIFF: There is still a fairly healthy reserve that can
go for the Wilkinson House in the future..
CHAIRMAN CONSTANTINE: I understand. I'm not talking
about competing projects. I'm just saying -- MR. OLLIFF: Right.
CHAIRMAN CONSTANTINE: -- one budget was put forth and
then when we realized there was more money available, then a
different number appeared that was higher.
MR. OLLIFF: We'll have you a response by the time you sit
down and look at the museum budget. That's part of the
workshop.
The last two speakers, Pam Brown and Arthur Lee.
COMMISSIONER BERRY: Pam Brown.
COMMISSIONER MAC'KIE: Pam.
MS. BROWN: Thank you for your support and you'll be
getting invitations to our next event.
COMMISSIONER MAC'KIE: And if you weren't at the Roberts
Ranch roundup, that was a big fun, big time fun.
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June 13,2000
MR. LEE: For the record, Arthur Lee, Naples. I have already
pretty well shot what I have to offer initially. I'm simply looking
now for a thumbprint in blood that we're not going to encounter
any unexpected exigencies that are going to put us back in the
business of begging pennies. Thank you.
CHAIRMAN CONSTANTINE: Thanks.
That's the final speaker?
MR. OLLIFF: That's your final speaker on 8(a)(8).
CHAIRMAN CONSTANTINE: We have a motion and a second.
Is there further discussion?
Seeing none, all those in favor of the motion, please state
aye.
Anybody opposed?
Item #8A9
THIRD AMENDMENT TO THE FY2000 TOURISM AGREEMENT
APPROVED IN 1999 WITH THE TOURISM ALLIANCE OF COLLIER
COUNTY REGARDING ADVERTISING AND PROMOTION OF THE
MARCO ISLAND FILM FESTIVAL - APPROVED IN THE AMOUNT OF
$87,000 AND AGREEMENT TO BE MODIFIED
Thank you. Motion carries 4-0, which takes to us the Marco
Island Film Festival, Item 8(a).
MR. MIHALIC: Yes, commissioners. This was -- this was
continued at your last board meeting. This is an amendment to
the tourism alliance contract. It had basically allocated $42,000
from reserves to the Marco Island Film Festival.
If you remember the last meeting, the Marco Island Film
Festival felt that they needed more money for their promotion
and operation and they came back.
So, the -- back on the floor with the backup for $42,000
allocation from reserves the Marco Island Film Festival.
CHAIRMAN CONSTANTINE: Speakers on this item?
MR. OLLIFF: You have four. Maury Dailey followed by Betsy
Waldren.
MR. DAILEY: Good afternoon and thank you for your
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June 13,2000
patience. We're patient, too, so we're back up -- we're back up
here again just to continue this. I think the first time we got
together on the 23rd, the first comments were that we were
supportive of the alliance approach and we still are supportive of
that and we observed a healthy dialogue between the
commissioners and the alliance and I think that sounds like a
very positive direction it's going.
In the past when we've come before you the first couple of
years, we were talking to you around January, February, and we
were planning for an October event. We're now into June and
we're still at an October event, so our time is of the essence in
trying to get things handled for this event.
We are all volunteers. I've been volunteers for over four
years and are encouraged by some new partnerships into Naples
with Regal Cinemas and other entities here.
So, if there's some questions, I'd like to answer any
questions that you might have.
COMMISSIONER BERRY: I have a question. How much did
you originally request, Maury?
MR. DAILEY: The original request was $100,000.
COMMISSIONER BERRY: Okay. And in the discussion you
were one of the groups that weren't able to discuss your
application at the time.
MR. DAILEY: That's correct.
COMMISSIONER BERRY: How did they arrive -- Tim, do you
know? How was the $42,000 arrived at?
CHAIRMAN CONSTANTINE: It was actually recommended
before it got to us, but there was some question about eligibility
for the balance.
MR. DAILEY: They have a point system. They developed a
point system for events to go through, and based on that point
system, they--
CHAIRMAN CONSTANTINE: Some of the -- some of that is --
COMMISSIONER BERRY: I was just wondering how you got
to the number. If you asked -- requested a hundred, how-- how
did you get to 42,000?
CHAIRMAN CONSTANTINE: Some of it was an eligibility
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June t3,2000
question for travel, I think --
MR. MIHALIC: Travel expenses.
CHAIRMAN CONSTANTINE: -- for some of the celebrities
and so on.
MR. MIHALIC: They didn't -- the tourism alliance did not feel
under their roles they wanted to fund the travel expenses for the
actors and directors who came and the other people that you
needed to promote your event.
CHAIRMAN CONSTANTINE: I think the argument of the film
group was that's legitimate promotional. I mean, if you bring in
Joe Actor and he is a promotion for the event, then flying him
here is like printing a brochure. You know, it's part of your
promotional -- I think that was the argument they made there.
MR. MIHALIC: Right.
COMMISSIONER MAC'KIE: It sounds like a valid argument to
me, too.
COMMISSIONER BERRY: For a film festival, that makes
some sense, but --
COMMISSIONER CARTER: How much are we talking about
here? 42 -- you know, a hundred thousand is a nice round
number. You know, if you need some other promotional money,
will you tell me the difference between 42 and $100,000 is what
you needed to --
MR. DAILEY: No. We're actually coming back. What we did
last time was we thanked the TDC and the alliance and we would
thank you likewise for the 42,000, but we asked for an additional
45,000 that would be used for a -- a lot of it would be used for a
public relations campaign, a very intense one between now and
the event. So, that's the direction we're going.
COMMISSIONER MAC'KIE: Do we have information about --
these are usually your questions, Tim -- what the ads would be
and where they would be placed and if you're going to -- you
know, you can't just tell us we're going to spend it wisely.
MR. DAILEY: Since the last time, I believe that the issue
that had been raised on the 23rd was that you had not been
given information about the request that was given to the TDC.
COMMISSIONER MAC'KIE: But we have your hundred
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June 13,2000
thousand dollar request package here. We don't have what you
just described, which is a new idea. MR. DAILEY: Okay.
COMMISSIONER MAC'KIE: I don't think so.
MR. MIHALIC: I think you have it in there, attachment
number four. Mine isn't numbered. Marketing Plan 2000 talks
about the newspapers, the magazines and the television that
they hope to advertise in.
COMMISSIONER MAC'KIE: That's Page 22 in our packet?
MR. MIHALIC: Mine is not stamped, commissioner, but --
MR. OLLIFF: Yes.
MR. MIHALIC: -- attachment four.
COMMISSIONER MAC'KIE: But that's a hundred thousand
dollars.
MR. MIHALIC: Right.
COMMISSIONER MAC'KIE: And he just said he needed
$45,000.
MR. MIHALIC: On top of 42.
MR. DAILEY: Above the 42.
COMMISSIONER MAC'KIE: Well, that still doesn't add up to a
hundred. I'm--
MR. MIHALIC: That's $87,000.
MR. DAILEY: Right.
COMMISSIONER MAC'KIE: So, which one of these items are
in and which ones are out in your request?
MR. DAILEY: Well, we changed -- we were -- got information
that we were approved or being recommended for approval for
42,000, flat 42,000. That was it. There was nothing else said
about that. Based on our point system, use this money for this
event.
We came in subsequently on the 23rd and said that that's
well and good. The original request was a hundred thousand and
the areas that we -- we need the 45,000, which is a scale back
from the original hundred that we had originally proposed, is to
go forward with an aggressive public relations plan. And that
plan would include securing nonpaid editorial coverage, which
was much the same as in the presentation of the alliance had
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June t3, 2000
made where they were trying to get some free advertisement by
way of getting writers, film makers, the like, that would be here.
They go out into the industry and start talking about Collier
County's a great place and it's a great place to choose to shoot
our next movie.
And as a matter of fact, we have a movie that will be shot on
the beach during the film festival, so that's -- it's beginning to
happen. So, I can go on. There are a couple of other things, but
image development, press and media functions and bringing in
people as we discussed.
COMMISSIONER MAC'KIE: This is my question more
specifically. I've got -- this is Page 22 of our packet and it's
attachment four. It's your Marketing Plan 2000. And it came up
with $100,000 that was your request.
Now, you've been told 42,000, and you're saying, okay, I'll
settle for 87,000.
So, my question is which $13,000 on here are you not going
to spend or is it an entirely new plan? I mean -- or is it you're
going to do the celebrity marketing except you're only going to
do 17,000 worth instead of 30,000 worth? Would somebody
come up and --
CHAIRMAN CONSTANTINE: What's changed between a
hundred thousand and 87,000? And if you're not sure, you can
work on that while we go to the next speaker.
COMMISSIONER MAC'KIE: Yeah, because I'm not trying to --
this isn't a test.
MR. DAILEY-- No, I understand. No, I understand. I
understand. Why don't you go with the next speaker?.
CHAIRMAN CONSTANTINE: Okay.
MR. DAILEY: I'll be back.
MS. WALDREN: That would be me.
CHAIRMAN CONSTANTINE: And after?
MR. OLLIFF: Following Ms. Waldren would be Sandy
Marzullo.
MS. WALDREN: Good afternoon, ladies and gentlemen. For
the record, I'm Betsy Bitnor Waldren and I'm impelled to come
here before you because I'm a Marco Islander of 25 years and
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June 13,2000
this film festival event, which is only going into its third year, is
the most exiting thing, I think, that's ever happened on Marco.
We kind of tend to counter back to some of the things that
happened in the past, like Tony Lima that got our whole
community behind something.
That's what the film festival is accomplishing on Marco. We
need some unifying things right now and the film festival
achieves all of that.
It also is the only international event in Southwest Florida.
It's a -- it's a cultural opportunity that we feel that Marco and
Collier County really need and we've learned in the past two
years that our visitors tend to be exiting and very nice visitors.
They're discerning, they like to dine well, they shop well and they
like to stay at nice hotels.
So, we feel we're bringing a quality visitor to Collier County
and this event also involves the entire citizenry. It's not just for
the children, it's not for any special -- any special interest or any
special charity. It involves the young folks and the old folks and
all the folks.
So, please give it your careful consideration. We really do
need your help for these additional funds. Thank you for your
time.
COMMISSIONER MAC'KIE: I guess I just will, while the next
speaker is coming up, go ahead and say what I just said to Tim,
is I don't understand why the 30,000 for celebrity marketing was
not a good idea. I mean, understand, I'm coming --
CHAIRMAN CONSTANTINE: I think it's a good idea, too.
COMMISSIONER MAC'KIE: -- from the perspective that
maybe the hundred thousand dollar request was appropriate. I
just need to understand why 45 instead of 58 or --
MR. DAILEY: Well, I guess -- the number is changed actually
partly because of the delays it's been taking to get to put
together.
COMMISSIONER MAC'KIE: Okay.
MR. DAILEY: Part of the delays have now precluded us from
some of the magazines that we were involved in last year
because of the deadlines and advance timing to get into those
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June13,2000
things. So, that's reflected in those numbers.
COMMISSIONER BERRY: That makes sense.
COMMISSIONER MAC'KIE: I knew there was a good answer
to that question.
MR. OLLIFF: The next speaker is Sandy Marzullo followed by
Mifa Van Arsdale.
CHAIRMAN CONSTANTINE: By the way, I've got to mention I
just said to Commissioner Berry, those are the greatest looking
logo shirts. I love those.
COMMISSIONER MAC'KIE: Those are great.
COMMISSIONER BERRY: Yeah, they really are.
COMMISSIONER MAC'KIE: They do look good.
MR. MARZULLO: Good afternoon. My name is Sandy
Marzullo. While the Marco Island Film Festival in my opinion has
been quite an artistic and cultural success, my interest in it is
student centered. I'm a retired educator and I have been
tremendously impressed and I want to give you some information
what you may not presently have, and that is that we are into a
student intern program.
We have two interns in the program at present representing
Stetson University, representing the University of Texas at
Austin, Texas.
We have concluded or are in the process of concluding
intern agreements with Florida Gulf Coast University, Edison
Community College, Lorenzo Walker Technical Institute and Lely
High School.
Let me pursue those, too. I'm sure some of you are aware of
the fact that student films are submitted annually from students
from grade four right up through the post secondary level. There
is a separate competition for the students.
Secondly, because of our involvement with institutions of
higher learning and with the high school, we have a team of
teachers working with us as well as students before the festival,
during the festival and after the festival.
And in this procession we are -- we are having students
interact with professionals, directors, screen writers,
technicians and what they learn, what we in education call
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June 13,2000
learning behaviors, both that the cognitive and hands-on level
will go back into Lely High School and some of these other
institutions and be incorporated into their courses of study.
That's why I have become involved. That's what impresses
me. I see this is a growing thing and I thank you for the
opportunities to speak. Thank you very much. CHAIRMAN CONSTANTINE: Thank you.
MR. OLLIFF: The last two speakers are Mifa Van Arsdale
followed by George Percel.
MS. VAN ARSDALE: Hello. I'm Mira Van Arsdale and as an
artist I support the arts very, very much and I came here with
Visitors Television.
I really support the Marco Island Film Festival. The more
the cinema gets known as a destination for movie producers, the
more business will come to Collier County. This is a very good --
this is very good for Collier County. It will win people from all
over the world to do films here. We provide -- and also we
provide free advertisement by the way.
So, I mean, the film festival needs a lot of money but I'm
sure this money is not going to be always exploited. So, anyway,
so I think I really love the movie festival. I think it's great.
CHAIRMAN CONSTANTINE: Thank you.
MR. OLLIFF: George Percel.
CHAIRMAN CONSTANTINE: Final speaker?
MR. OLLIFF: Yes.
CHAIRMAN CONSTANTINE: Is that your final speaker?
MR. OLLIFF: That is my final speaker.
MR. PERCEL: Good afternoon. I was here in the morning, I
think. I'm back again as the vice-chairman of the Tourism
Alliance Collier County, and as a Marco Islander, I encourage you
to give them all the money you'd like. I'm a volunteer for the film
festival; however, as the Tourism Alliance, we did establish
guidelines for the funding of special events. Those guidelines
were put before the Tourism Development Council in 1999 and
again January of this year.
And we do have those guidelines to provide accountability
to you of how the tax dollars are spent. We have no problem
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June 13, 2000
with any amount of money given to -- to the film festival or any
other group as long as they follow the guidelines that we have
currently established unless you wish to amend those. And we
welcome your amendment of those as well.
As long as we know under what rules we're working, we're
more than happy to cooperate with any group in Collier County.
Thank you very much.
COMMISSIONER MAC'KIE: Question?
MR. PERCEL: Yes.
COMMISSIONER MAC'KIE: I have the -- I think that this is
another example of how, you know, we're having to just be
flexible as we've worked through the first year of this new
arrangement which I -- I apologize, frankly, for all the -- what
could sound like criticism we've done today of a volunteer group
and we sincerely appreciate your efforts. We think you're doing
a wonderful job.
And unfortunately in government we only have this public
forum to talk about how we'd like to nudge some things around.
This -- I know you're right, that we have these criteria in place
but I think they might need adjusting, and this may be a real
world example of why they need adjusting because I don't see
why having celebrities at this event is really, really good
promotion dollars, maybe even better than a newspaper ad in the
Sarasota Herald, you know.
CHAIRMAN CONSTANTINE: And we may want to just say,
look, I understand the intent when you put no travel, so we're not
sending people elsewhere as part of travel. There may be a way
to, through the magic of our attorneys, word that so that the
intent is still met but that if it's truly being used in a promotional
manner, we can --
MR. PERCEL: We'll be entirely compliant to that, whichever
way you wish, and we'll work with it. The other thing I would like
to indicate, which I mentioned again this morning, that public
regulations is something that we've supported the film festival
with in the past and we will continue doing that again in the
future as necessary. And we want to cooperate with them
because we're also branding the destination at the same time.
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June 13,2000
COMMISSIONER MAC'KIE: Of course.
COMMISSIONER CARTER: I think what's important here is
that as you approach this process in the future that we really
need to clarify for them and maybe it takes a quarterly meeting
with us, so they come in front of us and say, look, we're going to
have these events coming in here, here's a criteria in which we
think we need to operate, is there some adjustments we need to
make here so we don't get into these long, drawn out
discussions and everybody pointing fingers at each other, so I
really value what you've had to say today and I have a much
better appreciation of what all you're doing and I thank you very
much.
MR. PERCEL: Thank you, commissioner, and I think we're all
learning and I think that's the most important thing, that we
together want to go forward. Thank you for your understanding.
COMMISSIONER MAC'KIE: I make a motion that we approve
funding for the Marco Island Film Festival in the amount of
$87,000. And I think that's their current request.
COMMISSIONER CARTER: I'd second that.
COMMISSIONER BERRY: I'll second it.
CHAIRMAN CONSTANTINE: Any further discussion?
Seeing none, all those in favor of the motion, state aye.
Anybody opposed?
Motion carried.
MR. OLLIFF: Greg, help me here. Does the alliance
agreement need to be amended as well?
MR. MIHALIC: Yes. We'll amend the alliance agreement to
raise it by $87,000 and we will have a better idea --
CHAIRMAN CONSTANTINE: I say if you're going to raise it
by 45, right?
MR. OLLIFF: 45,000.
MR. MIHALIC: 45. We're just going to amend that to
$87,000 --
COMMISSIONER BERRY: Right.
MR. MIHALIC: -- and get a better idea of where the money is
going to go for, for the 87,000.
CHAIRMAN CONSTANTINE: A better way to state my motion
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but that's what I intended.
June 13,2000
Item #8A10
TOURIST DEVELOPMENT CATEGORY "A" FUNDING
APPLICATIONS - TDC RECOMMENDATION APPROVED
CHAIRMAN CONSTANTINE: The next Item 8(a)(10}, approve
tourist development Category A funding applications. Mr. Huber.
MR. HUBER: Good afternoon. Harry Huber with the Park
and Recreation Department.
CHAIRMAN CONSTANTINE: I have a couple quick questions
for you here on this. Does the request include those items that
show on Page 3 and 4 of our packet as five, six and nine on Page
3 and Number 3 on Page 4, which were not approved by a 7-0
vote of the Tourist Development Council or are those excluded
from what you're requesting?
MR. HUBER: The only items that -- requesting approval for
are items that were unanimously approved by the first
development --
CHAIRMAN CONSTANTINE: Very good.
COMMISSIONER MAC'KIE: And my only question is at what
point are we going to hear this report about the status of these
items and how we continue to budget them and I don't see that
they actually -- I mean, the -- what are the reserves? What's
sitting in this account right now? It's millions and millions of
dollars, isn't it?
MR. OLLIFF: Yes, there is. You can take a look at that as
part of your budget process. We've also got a report that was
provided to you this morning from your budget office in terms of
the restricted reserves question that you had had earlier.
COMMISSIONER MAC'KIE: So, that's on our desk
somewhere.
MR. OLLIFF: Yes, ma'am.
COMMISSIONER MAC'KIE: Okay.
CHAIRMAN CONSTANTINE: Any other questions?
Page t58
June 13,2000
COMMISSIONER MAC'KIE: I mean, I want to continue to
recommend -- you know, to fund these items. I just would like
somebody to actually build them.
COMMISSIONER CARTER: Yeah. Let's put a million six, as I
see, in one area here. I don't know how much more beyond that.
COMMISSIONER MAC'KIE: Motion to approve the TDC
recommendations.
COMMISSIONER CARTER: Second.
CHAIRMAN CONSTANTINE: Motion and second.
Discussion? Any public speakers? Any objection? Seeing none,
motion carries 4-0.
MR, HUBER: Thank you.
Item #8G1
PRESENTATION OF ORGANIZATIONAL OVERVIEW REPORT.
CONTINUED TO THE JUNE 14, 2000 BUDGET WORKSHOP
MEETING
CHAIRMAN CONSTANTINE: Item 8(g). Do you need a couple
of minutes to set that up?
MR. OLLIFF: No. Actually, we're requesting that we
continue that item off of this agenda and then we would probably
cover it tomorrow morning prior to your budget workshop.
CHAIRMAN CONSTANTINE: Any objection to continuing that
until tomorrow morning prior to the budget workshop?
Item #8G2
REQUEST THAT THE CLERK OF COURTS INTERNAL AUDIT
SECTION CONDUCT AN AUDIT OF IMPACT FEE COLLECTION
PROCEDURES - APPROVED
Let's go to 8(g)(2) then, recommendation that the BCC
request the Clerk of Courts internal audit section conduct an
audit of impact fee collection procedures.
Mr. Olliff.
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June 13,2000
COMMISSIONER MAC'KIE.' Motion to approve.
COMMISSIONER CARTER: Second.
CHAIRMAN CONSTANTINE: Motion and a second ..
COMMISSIONER BERRY: Whoa, whoa, whoa.
CHAIRMAN CONSTANTINE: Mr. Olliff, do you want to
explain this item briefly?
MR. OLLIFF.' This was just in response~ frankly, and I think
the audit that we dealt with regarding golf courses and
alternative impact fees raised an issue about collections, and
there continue to be a number of public -- publicly raised
questions that I -- personally from my understanding of the
collection process and what I've seen to date are unfounded, but
I think in order to be able to answer those questions to the
public, I've requested a joint team approach to an audit of the
collection procedures for the balance of the impact fees.
We've talked with both Dwight, our community development
staff, Dwight, the Clerk of Courts, Vince at the community
development staff level and also with Tindale Oliver~ who is
doing a coordination contract as part of our total impact fee
review.
And I think between the three of those working together as
a team, we ought to be able to look at the collection procedures
and, frankly, I think, like I said in a recent interview, I think the
golf courses were an anomaly, but I do think that from a public
standpoint we ought to answer the collection question and this
is--
CHAIRMAN CONSTANTINE: I think it's a great idea. We're
in the public trust business and if this can help boost that,
fantastic.
COMMISSIONER BERRY: Question.
CHAIRMAN CONSTANTINE: Sure.
COMMISSIONER BERRY: No question and no disagreement
about taking a look at the procedures. That's not the issue. But
my issue is who does the county audit period?
COMMISSIONER MAC'KIE.' Ourselves.
COMMISSIONER BERRY: No, no, no, no, no.
MR. OLLIFF.' When you say the county --
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June 13,2000
COMMISSIONER BERRY: In other words, who audits Collier
County?.
MR. OLLIFF: The Clerk of Courts.
COMMISSIONER MAC'KIE: He's our internal auditor.
COMMISSIONER BERRY: Who's -- who's the outside
accounting firm that does the audit for Collier County?
CHAIRMAN CONSTANTINE: Coopers and Lybrand for--
COMMISSIONER BERRY: Arthur Anderson.
MR. OLLIFF: Arthur Anderson.
COMMISSIONER BERRY: Is that not who that is?
MR. OLLIFF: I don't believe it's Arthur Anderson right now. I
can't tell you exactly. That was the most recent --
COMMISSIONER BERRY: KPMG?
MR. OLLIFF: I don't recall.
COMMISSIONER MAC'KIE: Whoever it is.
COMMISSIONER BERRY: All right. My question is, and all
due respect, I think, you know, the Clerk has gone through and
pointed out some of our problems that we've had in these
procedures -- or not procedures, the fact that we didn't collect it.
Okay. He pointed that out.
And the fact that, you know, he's going to have a number of
-- he's going to have to come back and look at this in the future
in terms of whether we're doing the job or not.
Why would we not select an accounting firm who has
management expertise in their accounting firm which your --
some of your big firms have? In other words, they can come in
and they're going to tell you they will audit your management
practices.
Why would we not do that and then when the Clerk comes
back, he's going to look and see because does he not act in an
ex officio capacity for Collier County? I mean, is that not his
role? He oversees everything; in other words, all financial
transactions in Collier County.
COMMISSIONER MAC'KIE: He's the chief financial officer.
COMMISSIONER BERRY: He's the -- that's exactly right. My
point is why wouldn't you want to have someone separate
working on this so you've got separated eyes looking at these
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June 13,2000
things?
It's just a question. I don't -- you know, it's not a burning
issue, but why would you not want to do that and have someone
who has specific management procedures that they can help you
establish in your procedures manual, okay, in other words,
somebody that that is -- they work on these kinds of things? Why
would you not want to get someone like that?
Jim, you've got some experience along these lines. Would
you not --
COMMISSIONER CARTER: Well, it's an interesting question
COMMISSIONER BERRY: -- would you not consider it?
COMMISSIONER CARTER: -- because you've got an internal
auditing process and usually that is then verified by an external
auditor --
COMMISSIONER BERRY: Right.
COMMISSIONER CARTER: -- in the private sector, but maybe
this could be in conjunction together.
MR. OLLIFF: I'll give you my thoughts on it at least. I think
we do this for a couple of reasons; one, because of the way
Florida counties are structured. The Clerk of Courts is a
separate and distinct agency from yours. So, it is like having a
separate agency review a third party, if you will, review.
While the Clerk of Courts does your finance function, the
cash handling collection procedures on the operational side of
our shop have nothing to do with the Clerk's finance department
so it is a complete and separate different function and, third, I
think the Clerk of Courts has an internal audit department whose
function is to look at the board's agency's cash handling
procedures. That's what they are there for because he has some
preaudit requirements to make sure that these functions that we
do are -- are being done correctly, and because he's got that
audit department in place, frankly, we do it for free. We can ask
him --
COMMISSIONER BERRY: No, I understand the cost. Don't --
don't misunderstand that.
MR. OLLIFF: Yeah.
Page 162
June 13,2000
COMMISSIONER BERRY: I mean, I know that. That's -- it's
free, otherwise if you go outside, you're going to have to pay
another firm to come in here and do that, so I understand that.
MR. OLLIFF: So, what I will tell you though is that if the
result of this, which I don't expect to be the findings, do point out
though that there are some procedural type flaws that we need
to work on, then I think you would look to an outside agency to
come in and help you develop your procedural manuals just like
you've indicated because I don't think an internal audit function
or anybody in the Clerk's office has that expertise.
COMMISSIONER BERRY: And that's exactly what I'm
looking at, Tom, and I'm wondering why we're going to do this
twice.
COMMISSIONER MAC'KIE: Well, first, we've got to find out if
there's a problem --
COMMISSIONER CARTER: Right. I don't think you're doing
it, right.
COMMISSIONER BERRY: But I think you've already -- we've
already assumed that there has been a problem.
COMMISSIONER MAC'KIE: Well, we've identified a problem
COMMISSIONER BERRY: Okay.
COMMISSIONER MAC'KIE: -- in one area.
CHAIRMAN CONSTANTINE: Mr. Oilill is shaking his head no.
MR. OLLIFF: Yeah. I'm indicating I don't believe there's a
problem, and, frankly, I'm going through this exercise to prove to
the public and to you all and to myself as well that there is not a
problem.
COMMISSIONER MAC'KIE: Okay.
COMMISSIONER CARTER: So, you're going to assess the
situation and then come back to us and tell us whether we need
to take another step or not. MR. OLLIFF: Yes, sir.
COMMISSIONER BERRY: Okay. Well, I was just looking to
make -- I was hoping to keep it a little -- even a little bit cleaner
and let somebody on the outside take a look as well.
COMMISSIONER MAC'KIE-. You've got my motion already to
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June13,2000
approve.
CHAIRMAN CONSTANTINE: Well, we did have a motion and
a second. Any speakers on this one, Mr. Oilill? MR. OLLIFF: No, sir.
CHAIRMAN CONSTANTINE: Further discussions? All those
in favor, please state aye.
Anybody opposed? Motion carries 4-0.
Item #8H1
RESOLUTION 2000-177 AUTHORIZING THE BORROWING OF
$500,000 FROM THE POOLED COMMERCIAL PAPER LOAN
PROGRAM AND TRANSFER OF $500,000 FROM PREVIOUSLY
BUDGETED AIRPORT AUTHORITY PROJECTS TO THE
MANUFACTURING INCUBATOR PHASE II PROJECT
8(h)(1), transfer of 500,000 from previously budgeted airport
authority projects to the incubator Phase II.
COMMISSIONER MAC'KIE: Isn't this just a shifting of money
so that we can have some funds loosened up to support the
project further? I mean, this is just accounting as best I can tell.
COMMISSIONER BERRY: I think it's a great idea. It's a
funding mechanism.
COMMISSIONER MAC'KIE: Is there any reason not to do
this?
MR. DRURY: It's a little more than accounting in that we're
asking --
CHAIRMAN CONSTANTINE: Who are you?
MR. DRURY: Oh, I'm sorry. John Drury, Executive Director,
Collier County Airport Authority.
In that we will be taking a -- requesting a pooled commercial
loan for the funding, which we've done in the past and we've paid
off in the past, and we're asking that it be done again and that
airport revenues be used to pay off this next one.
COMMISSIONER MAC'KIE: And the benefit of that is what?
We get what if we do that?
MR. DRURY: We get to build the manufacturing incubator
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June 13,2000
Phase II, which includes the bonded warehouse, U.S. Customs
Office, manufacturing assembly area and the tripoded coding
facility.
COMMISSIONER BERRY: And is Phase I, is that completed,
John?
MR. DRURY: Phase I is complete and full.
COMMISSIONER BERRY: And you've got a waiting list for
Phase I17
MR. DRURY: That is correct.
COMMISSIONER MAC'KIE: Solution to a success problem.
CHAIRMAN CONSTANTINE: Chairman happy to entertain a
motion.
COMMISSIONER MAC'KIE: Motion to --
COMMISSIONER BERRY: Motion to move.
CHAIRMAN CONSTANTINE: Motion from Commissioner
Berry, second from Commissioner Mac'Kie. Any speakers on the
item?
MR. OLLIFF: No, sir.
CHAIRMAN CONSTANTINE: All those in favor of the motion,
please state aye.
Anybody opposed?
Motion carries 4-0.
Item #10A
RESOLUTION 2000-178 APPOINTING GREGORY E. SMITH TO THE
COLLIER COUNTY WATER & WASTEWATER AUTHORITY -
APPROVED
We go to the board of county commissioners, Item 10(a),
appointment of a member of the Collier County Water and
Wastewater Authority.
COMMISSIONER BERRY: Well, there -- this one gentleman,
he apparently didn't receive the information. Is that correct,
Miss Filson?
MS. FILSON: He says he didn't receive it. I didn't receive it
back in the mail. Then I refaxed it to him and he submitted his
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June 13,2000
resume.
CHAIRMAN CONSTANTINE: Did he miss the deadline?
MS. FILSON: He did.
CHAIRMAN CONSTANTINE: And as bad as I feel about that,
it's his own term that was expiring and I know when I served on
several boards for this commission prior to being on the
commission I usually had a pretty good idea when my own term
was coming up.
COMMISSIONER BERRY: Right. Then I'll move appointment
of Gregory E. Smith --
COMMISSIONER MAC'KIE: Second.
COMMISSIONER BERRY: -- to the term.
CHAIRMAN CONSTANTINE: Motion and a second.
Discussion? Seeing none, all those in favor of the motion, state
aye.
Anybody opposed? 4-0.
Item #10B
RESOLUTION 2000-179 APPOINTING TUCKY P. RAMSEY TO THE
EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL -
APPROVED
10(b), appointment of a member to the EMS Advisory
Council.
COMMISSIONER BERRY: You've got one member.
COMMISSIONER CARTER: I so move.
COMMISSIONER MAC'KIE: Second.
CHAIRMAN CONSTANTINE: Motion for Tucky Ramsey.
Discussion? Objection? Motion carries 4-0.
Item #10C
RESOLUTION 2000-180 APPOINTING WALTER MITCHELL
CRAWFORD IV AND REAPPOINTING CAROL HOOLE PAHL AND
RICHARD E. JOSLIN TO THE CONTRACTORS LICENSING BOARD -
APPROVED
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June 13,2000
10(c), three members to serve three-year terms --
COMMISSIONER CARTER: I recommend --
CHAIRMAN CONSTANTINE: -- to the Contractors Licensing
Board.
COMMISSIONER CARTER: Okay. I recommend Mr. Walter
Mitchell, Carol Holle Pahl and Richard E. Joslin, Jr. since the one
reappointment would require us to do some waiving and he's
already been there six years.
CHAIRMAN CONSTANTINE: Which if there are other
qualified candidates we have --
COMMISSIONER MAC'KIE: Second.
CHAIRMAN CONSTANTINE: -- consistently not --
Motion and a second. Speakers?
MR. OLLIFF: No, sir.
CHAIRMAN CONSTANTINE: Discussion? Objection? Motion
carries 4-0.
Item #10E
COMMISSIONER CARTER APPOINTED TO THE SOUTHWEST
REGIONAL PLANNING COUNCIL- APPROVED
One item we added was 10(e) and that is appointment to --
of a commissioner to the Regional Planning Council
Commissioner Norris has served on there with me since 1992,
meaning we have a vacancy.
COMMISSIONER MAC'KIE: Would this be an appointment to
-- for the balance of his term? How long would that last?
CHAIRMAN CONSTANTINE: As long as you want to be there
pretty much.
COMMISSIONER BERRY: Lifetime if you'd like.
MS. FILSON: Yeah. You're--
CHAIRMAN CONSTANTINE: Yeah, lifetime appointment.
COMMISSIONER CARTER: Original appointment.
MS. FILSON: That appointment isn't for your --
CHAIRMAN CONSTANTINE: I might add to the reporter that
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June 13,2000
was a sarcastic when I said lifetime appointment.
COMMISSIONER CARTER: I'll volunteer, Mr. Chairman.
CHAIRMAN CONSTANTINE: We'll make that into a motion.
COMMISSIONER BERRY: Second.
CHAIRMAN CONSTANTINE: Any objection?
Commissioner Carter, welcome to the RPC.
See you Thursday.
4'0,
God bless you.
MS. FILSON: And may I just mention there's a meeting this
Thursday. We do have a book for you and map.
COMMISSIONER CARTER:
COMMISSIONER MAC'KIE:
every day this week.
COMMISSIONER CARTER:
where?
Thanks for the other information.
That means you have a meeting
Okay. What time do we meet and
CHAIRMAN CONSTANTINE: 9:30 at the Lee Coop Building in
North Fort Myers.
COMMISSIONER CARTER: Oh, yeah. I know where that is.
CHAIRMAN CONSTANTINE: Okay. That takes us to the
afternoon agenda unless we have public comment on general
topic.
No one has signed up today.
MR. OLLIFF: No one has signed up.
CHAIRMAN CONSTANTINE: Are you sure?
COMMISSIONER MAC'KIE: Oh, darn.
Item #12C1
RESOLUTION 2000-181 AND ORDINANCE 2000-41 ADOPTING THE
COMMUNITY REDEVELOPMENT PLAN AND ESTABLISHING THE
REDEVELOPMENT TRUST FUND - ADOPTED
CHAIRMAN CONSTANTINE: 12(c}(1}, recommendation that
the Board of County Commissioners adopt a resolution adopting
the committee redevelopment plan.
COMMISSIONER MAC'KIE: It's further -- furthering what
we've talked about and approved so far, motion to approve.
CHAIRMAN CONSTANTINE: I'll close the public hearing.
Page 168
June 13, 2000
COMMISSIONER MAC'KIE: Motion to approve.
COMMISSIONER CARTER: Second.
CHAIRMAN CONSTANTINE: Motion and a second.
Are there any speakers on this, Mr. Olliff?
MR. OLLIFF: No, sir.
CHAIRMAN CONSTANTINE: Are you sure?
All those in favor, please state aye.
Motion carries 4-0.
Item #12C3
AN ORDINANCE AMENDING ORDINANCE NO. 90-t7, AS
AMENDED, THE COLLIER COUNTY NOISE ORDINANCE - STAFF
TO HOLD A SERIES OF WORKSHOPS WITHIN THREE MONTHS
AND REPORT BACK
And the interesting one, 12(c)(3), an ordinance amending
Section 6 of Ordinance 90-17, the noise ordinance.
COMMISSIONER BERRY: Hello, Mr. Palmer.
CHAIRMAN CONSTANTINE: Hi.
MR. PALMER: Good afternoon, commissioners. For the
record, Tom Palmer, Assistant County Attorney.
We're bringing back at the board's direction for a second
public hearing on the noise ordinance and staff is here -- our
consultants are here to answer your questions. Staff is here to
answer your questions as well as myself. And I wondered if the
board would want me to give a brief summarization for those that
may not be informed about the major aspects of what the
ordinance does briefly?
CHAIRMAN CONSTANTINE: Underline the word brief. Yes.
MR. PALMER: Yes, sir.
CHAIRMAN CONSTANTINE: We are informed. She's still in
the room.
MR. WEIGEL: Yes. Thanks. No, that's not the problem.
The issue is on the previous agenda item there are actually
two parts to that. You've adopted the resolution but there's also
an ordinance included that was advertised for the board to open
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June t3,2000
and close a public hearing and then have a motion on the
ordinance, the item just heard concerning the redevelopment
trust fund.
CHAIRMAN CONSTANTINE: I have no idea what you're
telling me.
MR. WEIGEL: The previous agenda item actually required
two votes. You gave one. The board gave one. It needs to do
one more, which is the adoption of an ordinance which is the
companion included in the same agenda item.
CHAIRMAN CONSTANTINE: I'm terribly sorry.
MR. WEIGEL: There was a resolution and a motion.
CHAIRMAN CONSTANTINE: Commissioner Berry, do you
have any motions?
COMMISSIONER BERRY: Whatever he said.
CHAIRMAN CONSTANTINE: An ordinance companion to the
last item. Is that a second, Commissioner Mac'Kie?
COMMISSIONER MAC'KIE: That is a second.
CHAIRMAN CONSTANTINE: All those in favor?.
Motion carries 3-0 -- 4-0, if Commissioner -- yeah -- Carter is
in,
COMMISSIONER CARTER: Yes, I'm okay.
MR. WEIGEL: Thank you. The record is correct. Thank you
very much.
CHAIRMAN CONSTANTINE: And now thank you. I'm terribly
sorry for that oversight, Mr. Weigel.
And now we're on to the noise ordinance. Very brief.
MR. PALMER: Commissioners, the main thing that this
ordinance does is update and bring in the testing equipment,
more modern and definitive testing equipment.
There's been a Table I in the ordinance for a long time under
what's called the A Weighted Scale. This ordinance reduces the
decibel, the actual decibel levels that apply to residential and
commercial or tourist noise affected sources.
The ordinance also adds an a new Table II, which for the
first time incorporates into the ordinance what are called octave
band analysis, which separates the noise spectrum into nine
octave bands and does a concurrent analysis of all nine octave
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June 13,2000
bands.
This is a much more definitive analysis of the source of
noise and can benefit the alleged violator in pinpointing the
spectrum of frequency where the violating noise is emanating
from. It narrows it down to a frequency band.
And the other major aspect of the ordinance, it incorporates
for the first time certain vibrations standards.
And those are -- that is the heart of the ordinance. All of the
rest of the amendments basically flow through to coordinate the
other aspects of the ordinance so that they logically interrelate
with those major changes.
We also made one change in regard to entertainment events
in the event that there would be some unintended consequences
in the ordinance particularly regarding the swamp buggy races
that if a complaint should be made and if it should be determined
that that activity would violate the ordinance, then the county
manager has the right to grant up to a seven-day permit to
authorize that activity four times a year from nine in the morning
to midnight so that the ordinance would not have any unintended
consequences in affecting the long established historical swamp
buggy races in the county. That was --
COMMISSIONER MAC'KIE: It wouldn't then have any
unintended consequences with regard to that one particular
event --
MR. PALMER: Right.
COMMISSIONER MAC'KIE: -- but I think we have to be very
careful about there is a broad spectrum of unintended
consequences that may result from -- from this ordinance and,
you know, it's not a long, long established historical event, but
we have this really successful drag racing thing happening in
Immokalee. We can't possibly stop that. That's got a
tremendous opportunity for economic development in
Immokalee.
I'm just afraid if we start making a list of all the unintended
consequences, it's going to be longer than the list of the
intended benefits and that's -- I mean, Immokalee is one example
and I think there are probably many others.
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June 13,2000
MR. PALMER: Yes, commissioner. A number of these points
have been brought to the staff's attention rather recently. That's
not to say they're not perfectly valid concerns. And there are a
number of potential unintended consequences in the ordinance
unless the sites, specific situations, might possibly be analyzed.
CHAIRMAN CONSTANTINE: Commissioner Berry.
COMMISSIONER BERRY: I have a couple of concerns.
Number one, speaking about Immokalee, I see Miss Olesky
sitting here and I'm concerned. I will tell you right up front in
addition to the race area out there, but I'm also concerned about
her operation, which has to do with air boats out on Lake
Trafford, because surrounding that lake there are some
homesites.
And when you start passing an ordinance at this level and
we start calling it the Collier County noise ordinance, that's
going to cover her particular operation. It will also cover some
operations down in the Everglades area.
And I think we have to be very careful. Before I can -- can
do anything with this ordinance, I would want to have some
workshops held around the county and get some input from
different individuals and groups and communities, frankly, and let
them take a look and let them speak to these kinds of things.
Let them know exactly what we're talking about before we sit up
here and inflict this particular what could be determined as a
hardship on them or result in a hardship, let's put it that way.
Granted, I don't know-- I mean, we can sit here and talk
about these things, but it's one of those things I don't know what
this is and if you tell me, like we listened to some noise in here
one day.
I happen to live not too far from 1-75. Now, that particular
thing in and of itself to some people is very offensive. I will tell
you having lived there for 11 years you get to the point you don't
even hear it. I mean, it's -- you know it's there and, yes, the
windows are closed this time of the year. You don't hear
anything anyway.
But even when our windows are open, yes, do you hear
traffic from 1-757 It's just kind of a hum. And are there certain
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times when it's greater than other times? Yes, when the wind is
in the northwest direction, you're going to hear it. Does it
present some problems? No, not really.
But on the other hand, I'm not living out in a totally isolated
area either. None of us are living on an island.
So, I -- I have some concern that we take into consideration
some of these different areas. What may apply here on the
coastal area may not fit in the eastern part of Collier County. It
may have some adverse effect for the residents that live out in
that area.
So, from my standpoint, commissioners, I'm not going to
support anything today. I'm not throwing this out. I'm not saying
that everything in here is bad. I don't think that's the case. But I
would -- I would really like to have the community have an
opportunity to hear some of these items and understand exactly
what's involved before we go head long into this.
CHAIRMAN CONSTANTINE: Two thoughts; one, I was
bitterly disappointed when I noticed the absence of the world's
finest speaker, Klipsch, when I came in today.
UNIDENTIFIED SPEAKER: I have him in the car.
CHAIRMAN CONSTANTINE: Oh, great. Great. I may swing
by just to get a look at him.
COMMISSIONER BERRY: Well, they were there when you
came up here. They may not be there when you go back.
COMMISSIONER MAC'KIE: No, no, no. This is Collier
County. We don't have that problem.
COMMISSIONER CARTER: It's not Miami.
CHAIRMAN CONSTANTINE: Second and more serious is I
understand your concerns and if you're not comfortable moving
ahead today, that's fine. However, our current code is not
adequate. And I don't want to just simply -- I don't think you're
suggesting this, but I don't want to simply toss this aside and
say, well, it's too restrictive, we can't do it.
Surely there is something we can do even if it is time
consuming and cumbersome to make sure we protect the areas
that need to be protected, but I know from overregulating~ but at
the same time protecting those residential areas that need it
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from the noise. And there are -- there is a genuine problem. I'm
not speaking strictly by the North Naples place. There are other
problems in the county that our current code do not, does not
meet.
And, so, if -- if the board doesn't want to move ahead today, I
hope this isn't the end of the story. I hope we can focus on, all
right, how do we fix the problem in those areas where it is
clearly a problem?
COMMISSIONER CARTER: Mr. Chairman, I think probably
based on what I'm hearing is that this will be a public hearing to
begin to look at these areas. But, for example if we take the
racetracks in Immokalee, it is my understanding that through all
design that you can really not have the sound traverse across
the land but it goes up.
So, I think that there's opportunities to work with specific
areas so that we can develop an ordinance that accommodates.
The other responsibility I think that is here is that
organizations who potentially think they have a problem with this
would be far better to work with us in a workshop than to try to
shoot holes full of something and ignore what we're trying to do,
because our noise experts have worked in communities where
there is a lot of different diverse kind of industries and noises
and have certainly worked out those problems with the
community.
And I guess the other thing that has bothered me is that
some organizations at the eleventh hour have said, we didn't
know, we didn't understand this, we didn't have time to deal with
this.
There was a responsibility both ways. If you're CBIA or
you're the Economic Development Council, you need to be
coming and talking with the respective agency that is formatting
this.
Also, our agency that headed this up, Tom, your group,
needs to do outreach to the community like we do in projects
that we develop with -- in development projects where you get
the input so that we don't turn this into we versus them and end
up throwing the good stuff out of an ordinance like this.
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So, I guess, Mr. Chairman, where I think we'll be today is a
public workshop to hear the concerns and then perhaps through
a time line we can establish a way to get the best of this
ordinance on the books.
COMMISSIONER MAC'KIE: Maybe a series of workshops
geographically placed --
COMMISSIONER CARTER: Right.
COMMISSIONER MAC'KIE: -- around the county.
CHAIRMAN CONSTANTINE: What might be -- what might be
the best use of both the public's time and our staff time and the
folks we brought in is to schedule those to give some direction,
what time frame, how quickly can we do those type workshops,
rather than talk about it today and then for -- for another hour
and then say, oh, then we'll schedule workshops. Let's actually
make that time productive for the public.
COMMISSIONER MAC'KIE: Mr. Chairman, can I just -- I'm
sorry. I may be the only one who has this question, and God
knows, I'm going to end up getting a million complaint phone
calls or something. I haven't gotten a million complaint calls
saying that our current ordinance doesn't work.
Has everybody gotten them but me? What's broken?
CHAIRMAN CONSTANTINE: Not only have I, but I'll tell you
within 300 yards of my home there is a place that meets the
literal law and I can sing along with the songs at their chickee
hut. They meet the letter of the law, but it is clearly
inappropriate.
COMMISSIONER MAC'KIE: And were they there before your
house?
CHAIRMAN CONSTANTINE: No. They added that chickee
hut on six, seven years ago.
COMMISSIONER CARTER: Well, I've had several -- several
issues and it's not just one. But I -- maybe it's our area and
maybe it's because we're growing so fast, but I've had several
issues that we've needed to dealt with -- needed to deal with,
plus John Drury was good enough to come to me and say, what
about what we're going to do with the airport and are there some
ways we can work with this?
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June 13,2000
So, I think it's -- maybe it's situational, but we have had a
number of issues that have been raised and particularly in terms
of how we monitor noise levels. We don't have up-to-date
equipment. We need more sophistity -- sophisticated equipment
to deal with these issues, and, so, I think in a growing
community we need to address these issues.
COMMISSIONER MAC'KIE: And, you know, unless I misstate,
there is one Bay Shore establishment that I get constant calls
about that -- but I think it violates the current code. So, I didn't
think it was a code problem at the --
MR. OLLIFF: Sometimes.
COMMISSIONER MAC'KIE: Sometimes?
CHAIRMAN CONSTANTINE: There are times where our staff
have actually been out there at that location, and there's times
where our staff is there. It meets the code but it's driving you
crazy.
COMMISSIONER MAC'KIE: Yeah, it's unacceptable.
MR. OLLIFF: Mr. Chairman, I will tell you that just in
anticipating this discussion, I had asked Vince and Michelle to
give me their impression of the ordinance and are there some
things that the board did not want to consider a full adoption?
Are there some things that they thought were important in the
ordinance? And they've sent me a full two-page memo of things
that they thought in terms of their ability to go out and regulate
noise, the board should seriously consider in the ordinance.
And a lot of it has to do with the completely different way
with which we would go out and actually measure ordinance --
noises, as well as the issue about ambient background noises
and those kinds of things, so I think that they are saying that
there are some issues here that we really ought to pursue.
But your suggestion may be have some public workshops
and work with some of the businesses in the community and try
and develop what could be a reasonable approach is probably
the way that we would recommend you go about it from this
point.
CHAIRMAN CONSTANTINE: Because there are people in
this room on both sides of the issue. There are business people
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who are concerned about their ability to continue their business.
There are people who want to be able to enjoy their homes.
And I think there are fair concerns in both places and rather
than sit here and talk about it and not be able to do anything
about it today, I think those workshops are probably -- I don't
know what format people think those need to be in, whether we
do in some different places of the county and make sure we
reach out to everybody.
COMMISSIONER BERRY: I think so.
CHAIRMAN CONSTANTINE: But--
COMMISSIONER MAC'KIE: I think --
CHAIRMAN CONSTANTINE: -- what's a realistic time frame
in which we can schedule that and let the people who are here
and who are in those neighboring areas know?.
MR. OLLIFF: I think you -- frankly, if you're going to hold
three separate workshops, which I would recommend that you
probably do at least three, you know, you're talking about
probably a July, August and September workshop and then back
to the board sometime in October.
COMMISSIONER MAC'KIE: And, Gus, does that make sense
considering the off season? I mean, should we be doing this in
season? Are people going to complain? COMMISSIONER BERRY: Sure.
MR. OLLIFF: Well, the people that we're really talking about
having the workshops with are the people who are creating the
noise more than the ones who are being affected by it, I think, so
it's a lot of the business owners who are here.
CHAIRMAN CONSTANTINE: Yeah, I don't think it's going to
take a rocket scientist to figure out those communities that are
being offended by the noise.
COMMISSIONER MAC'KIE: Okay. I see your point.
COMMISSIONER BERRY: I don't have any objection if you
want to wait either obviously.
CHAIRMAN CONSTANTINE: The worry there --
COMMISSIONER CARTER: Thanks a lot.
COMMISSIONER BERRY: You can -- you can do this in
November if you'd like. I don't -- that's fine.
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COMMISSIONER MAC'KIE: Where are you going to be in
November?
COMMISSIONER BERRY: You know --
COMMISSIONER MAC'KIE: Not here.
COMMISSIONER BERRY: -- not here.
CHAIRMAN CONSTANTINE: The worry there is it's June.
Now, we don't want to wait another year. And if we bring it back
at the end of six months from now, then it will take --
COMMISSIONER CARTER: I think we need to deal with it
now, and if we could run these workshops and then deal with it
in September?. Is that a logical time frame?
COMMISSIONER BERRY: Sure.
COMMISSIONER MAC'KIE: Or October maybe.
MR. OLLIFF: Late September or October I think in order to
have a decent --
CHAIRMAN CONSTANTINE: We can bring this to closure
with these four individuals on the board now.
COMMISSIONER BERRY: Go to work, guys.
CHAIRMAN CONSTANTINE: All right. Let's do that.
COMMISSIONER MAC'KIE: Now, what did you just say we're
going to do?
CHAIRMAN CONSTANTINE: Try to close that up by October.
COMMISSIONER MAC'KIE: I'd like to hear from speakers
about that because there's a lot of people waving around out
there about whether or not that's a good schedule.
MR. THOMAS: I just suggest you go to December because
our packing houses don't open until November.
CHAIRMAN CONSTANTINE: For the record you're Fred
Thomas?
MR. THOMAS: Oh, Fred Thomas from Immokalee. Our
packing houses don't open until October-November, so if you
wait until December, you still have got good time.
CHAIRMAN CONSTANTINE: I assume that someone who
represents those packing houses would be available to discuss
that in the meantime though?
MR. THOMAS: Most of those folks are up the road at other
packing houses.
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June 13,2000
CHAIRMAN CONSTANTINE: But -- right. It's not going to be
the individual employees though that --
MR. THOMAS: I'm talking about the managers moving with
the packing houses. They just go up the road.
CHAIRMAN CONSTANTINE: Who owns and operates those
packing houses?
MR. THOMAS: A multitude. We might be able to get some
people together but it would be a month or two. We have 30 plus
packing houses and probably a dozen owners at least.
COMMISSIONER CARTER: Well, I would encourage that
because of the issue they would come back for a one-day
meeting to discuss that.
My point is I would not like to throw this to a new board.
CHAIRMAN CONSTANTINE: Agreed.
COMMISSIONER BERRY: Why? I mean I can remember
baptism by fire sitting on this board.
COMMISSIONER CARTER: So could I but maybe there's only
one or two at a time.
COMMISSIONER BERRY: Why exempt them? I mean, that's
part of the joy.
CHAIRMAN CONSTANTINE: I'll give you a very real answer
why is because when it's new, they'll start from scratch and it
will go on for months and months and months. It's one of the
reasons we're never come to a closure on the landfill is we had
decided some things when there were four other commissioners
sitting with me, that anybody who's sitting here now, and we got
a new commissioner on.
They wanted -- it was Commissioner Hancock. He wanted to
hear some things different so we went -- heard everything over
again. Then we got a couple of other new commissioners. They
wanted to hear things. And Commissioner Berry came on. The
same thing.
And it is not an efficient way to do government. If we can
close this out with the four people plus one who are familiar with
it, we ought to do that.
COMMISSIONER CARTER: If we wait long enough, we'll
close it out before.
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June 13,2000
CHAIRMAN CONSTANTINE: Let's set a calendar then and
then we can go through the speakers but if we're not going to do
anything today, it's probably not the most effective use of time,
so we can set a calendar. And I just want to make sure we do it
in a timely fashion because there's a lot of people on both sides
who put a lot of time into this and they don't want to see the
issue die.
We're okay then to try to come to closure by October?.
COMMISSIONER CARTER: I am because--
COMMISSIONER MAC'KIE: There's another person back
there waving on that point. I don't have any idea --
MR. NOGAJ: Hi, I'm Dick Nogaj and I'm the president of
Harvest for Humanity in Immokalee. And I agree with you that I
think conducting the workshops and getting more information is
appropriate.
And -- but as a not-for-profit developer in Immokalee, I do
want to thank you for -- and appreciate all the assistance you've
given us to date on the projects that we're conducting out there.
To date we've expended over two million dollars in
Immokalee. We've come to bring two major projects to
Immokalee. One is called the Harvest Farm. The Harvest Farm,
as you probably know, is a -- a new opportunity for farm worker
families to own their own farm through a sweat equity program
and the Harvest Farm is designed to pay livable wages, and many
of the employees, now that we have on the Harvest Farm are
residents of Immokalee.
We're also building a new project called Jubilation. Greg
Mihalic was on radio WINK this morning indicating that Collier
County's average house prices double that of Lee County, that
we don't have affordable housing any longer in Collier County, so
we're doing something in Immokalee to build the middle income
community there which is so badly needed.
The Jubilation project will build 104 housing units and many
-- most of them for middle income families. We make
presentations to the school board. The school board at Lake
Trafford has 65 teachers, only three of whom live in Immokalee,
because there's no peace and --
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June 13,2000
CHAIRMAN CONSTANTINE: Would you bring this around to --
MR. NOGAJ: -- middle income housing there.
CHAIRMAN CONSTANTINE: Would you bring us around to
the noise ordinance because that's --
MR. NOGAJ: Okay. We -- with all the employees, with all the
people that we've talked to at the school, with all the people that
have now entered our office, we have an office in Immokalee,
there are scores of people who are residents, potential
prospective home buyers that have expressed major concerns
about intrusive noise and the issue of intrusive noise as a
potential for its impact on the health and welfare of the
community.
So, what I'm indicating to you that there is people against
intrusive noise in Immokalee. There is a concern about that
among current residents there. There's a concern about future
expansion of facilities and everybody's for economic
developments. And I think economic development is badly
needed in Immokalee but let's do it with the proper controls and
abatement.
I'm a professional engineer registered in the State of Illinois
and in Florida and in through areas of water and noise and air
pollution, these are environmental regulations that go under the
auspices of EPA. And we need to have --
COMMISSIONER MAC'KIE: But would it not --
MR. NOGAJ: -- those regulations implemented on a
consistent basis throughout the county because this is an issue
that involves community residents throughout the county.
What's good for one part of the county should be good for
everybody else.
COMMISSIONER MAC'KIE: But all we're talking about is
having some workshops -- MR. NOGAJ: Right.
COMMISSIONER MAC'KIE: -- in the communities. Are you
for that or against that?
MR. NOGAJ: We're for the workshops. I applaud you. And
the opportunity to bring this to the communities, to Immokalee,
so people can become involved and begin to express to you their
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concerns that may have not been coming to you in the form of
complaints. There's a lot of reasons for that, which we won't get
into today, but with these workshops we'll have an opportunity to
do that. Thank you.
CHAIRMAN CONSTANTINE: Thanks.
Those of you who have sat here today certainly have the --
you're welcome to get up and speak. And I understand if you've
been here and -- hang on, we'll call you one by one. We've got
the list but just be aware we don't have the ability or we're not
going to make a decision today. And -- but if you have something
new to offer, we're certainly open to hear. Mr. Olliff.
MR. OLLIFF: Dan Cox followed by Robert Naples.
MR. COX: Dan Cox of Young, van Assenderp and Varnadoe
representing WCI Communities.
I'm not going to get into all the comments that I was going
to make in recognition that you're not going to take action today,
but one suggestion that I might make is that we look at the way
the current study has crafted this ordinance. We've got a single
standard that applies to all communities whether they're in the
eastern part of the county or the coastal part of the county, well
developed parts of the county or otherwise.
The consultant that we've worked with in preparation for
today's meeting has indicated that many communities have a
sliding scale type standard and where they go in and they
determine indepth levels for different communities and then they
set the standards based on those findings so that you don't have
a one-size-fits-all ordinance that drives -- or address everybody's
concern.
One of the reasons why this might be considered is going
into what I was going to talk about, the amount of money that
was spent at Marbella Condominium to get their chillers in
comformance with the current ordinance, and it was determined
that for them to go any further would have been just cost
prohibitive.
But the interesting part of it was that the ambience levels
that were measured when the consultants were exploring the
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June ~3,2000
options for them to address the problems there were higher than
what your ordinance is going to establish at a maximum level of
noise permitted in that area.
So, I think that these -- these are concerns that should be
taken into consideration and also the economic impacts, not only
to the existing businesses that are having live entertainment or
outdoor events, but also to the various residential developments,
the home owners associations and the people who are going to
have to bring large scale developments into conformance with
your standards and also the county, and what impacts are going
to have on the operations and facilities that you own and
manage.
And, you know, looking at the physical impact statement,
there was no consideration beyond what was the cost of the
equipment to enforce this ordinance and I saw no indication that
it was considered as to whether there were going to be impacts
on your facilities as well. Thank you.
CHAIRMAN CONSTANTINE: Thank you.
MR. OLLIFF: Robert Naples followed by Beverly Davisson.
MR. NAPLES: My name is Bob Naples like the city. I live in
Collier's Reserve Country Club. I'm an engineer with over 40
years experience in various assignments.
I would like to first thank Mr. Palmer and the consultants
hired by the county for the excellent report generated to verify
noise problems.
I became aware of the noise problem at 2:00 a.m. in the
morning, sleeping in the northern part of Collier's Reserve, when
I was blown out of bed with the vibration levels and the sound
levels.
I called the Sheriff's Department and I called security, and I
said, "What the hell is that?" And they said, we don't know, but
we'll get back to you. I'm still waiting.
The problem after that was I called the people north of me
and said, I have a problem. What the hell are they doing in the
northern part of the city? And they had problems and they said
they were not being addressed at 3,000 families involved. 3,000.
Now, the problem here really can be resolved very simply,
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June 13,2000
shut the operations that are making all this noise now in the
night. Nobody gives a damn during the day. They're out playing
golf. The biggest problem is if you knock them out of bed at two
in the morning, people are going to get upset.
I've got a lot of comments that other people have generated
from the engineering people we've had. We never went public
with this. We formed these committees to work regarding this
noise problem. Never went public. We listened to all the
complaints. We called the Sherifles Department all the time we
had a problem and they said they're grandfathered.
Well, I wonder if -- you know, Hope Canal was grandfathered.
It's pollution and it's detrimental to the welfare of the people of
Collier County.
I've got some other comments but I won't say them.
COMMISSIONER MAC'KIE: I just have to say I don't think it's
a simple solution for the owner of the business to cut their
income in half by telling them to shut down at night.
CHAIRMAN CONSTANTINE: And also I'm not sure who at the
Sheriff's Department is telling you that the noise ordinance has
grandfathered anybody in. The noise ordinance is the noise
ordinance. Either you meet it or you don't. Nobody is
grandfathered in. When we made the changes -- we're not going
to have a debate back and forth, but when we made the changes
in 1994 or whatever year it was, then that was the countywide
standard then. We didn't say it applied differently to different
businesses.
And that's not criticism of you. If you're being told that by
the Sheriff's Department, then that's in error.
MS. DAVISSON: Good afternoon commissioners, and thank
you for hearing us. This is our second time we've been down
here and waited the whole day, so we really want to be heard
this time.
My name is Beverly Davisson and I am the immediate past
president of the master association, the greater Imperial board
for the neighborhoods of Imperial Golf Estates.
Imperial is made up of 12 different neighborhoods and more
than 1700 residences.
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June 13, 2000
Shortly you will hear from Bob Mader from one of our
neighborhoods, the Abby and the Abby probably is affected more
so than a lot of the other 12 neighborhoods. But not just Abby,
all of our neighborhoods are affected by the noise levels
produced by the Krehling Concrete Company, some much more
than others.
Those neighborhoods closest to the concrete company
continue to lose residents when they can no longer put up with
the noise, then they move away from our little part of heaven to
be replaced by new residents who after they become aware of
the problem have the same complaints.
We urge you to approve a new sound ordinance, not only to
bring Collier County sound ordinance up to date but also to
prevent other residents from having to suffer as our home
owners have done. Thank you.
CHAIRMAN CONSTANTINE: Thanks.
MR. OLLIFF: The next speaker Bob Mader followed by Ann
Olesky.
MR. MADER: My name is Bob Mader. I own and am a year
round resident at one of the 112 units at Abby and the Lake. I'm
a past four-year president of the homeowners association there.
Abby and the Lake is located approximately 200 yards southwest
of the Krehling Cement plant within the Imperial Golf Course
community in North Naples.
Complaints and noise pollution from the Krehling plant both
from within and outside our Imperial community, and I want to
emphasize outside as well, go back many years as I'm sure code
enforcement will verify.
In investigating these complaints, code enforcement always
found the noise level is in compliance based on the noise
measuring equipment they use and the noise level parameters
set in the present ordinance.
Since prior to the fall of 1998 this noise pollution only
occurred during the day time hours. The many affected by it
reluctantly accepted code enforcement findings and continued to
tolerate this noise pollution. This reluctant acceptance ceased
when in the fall of 1998 the Krehling plant apparently began
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June 13, 2000
operating 24 hours a day.
Now, the resident, who for the most part moved here to
paradise to enjoy the good life had to live with this intrusive
screeching, banging, peeping and grounding noise 24 hours a day
making it virtually impossible for those many affected to
comfortably and peacefully rest or visit on their lanais or in their
living areas or sleep peacefully in the bedrooms without closing
their lanai doors and/or turning up the sound on their TVs just to
mask the noise that was coming in.
The result of all of this was an increasing number of
complaints to code enforcement, to the Sheriff's Department and
directly to Commissioner Carter's office as he, I'm sure, will
attest, as well as the feature article in the Bonita Banner,
several petitions signed by hundreds of our residents which were
sent to the -- all the commissioners' offices as well as numerous
letters to the editors of the Naples Daily News in which strong
sentiments were expressed on this subject.
It was this time also that a noise abatement task force was
formed, which included one or more residents from 13
homeowner associations located both within and outside the
Imperial Golf community, and this group represented over 3,000
various residents in the area, approximately that amount.
From the start this task solicited the advice, counsel and
support of our commissioner, Dr. Carter, in our most appreciative
time and concern he as well as your legal and your enforcement
departments have given this matter.
The goal of this task force was and still continues to be
twofold; first, to have the noise ordinance amended to ensure
that the quality of life for our residents would not now or in the
future be adversely affected by excessive noise pollution, and,
second, to encourage Krehling to voluntarily take steps to
reduce the noise coming from their plant to a tolerable level.
Our task force has several members who in the past have
had considerable professional experience in this area. And in
their opinion means are available to do this. Our task force is
pleased to report that Krehling has recently taken some
significant steps in this direction but, clearly, more has to be
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June 13,2000
done.
Present Noise Ordinance 90-17 recognizes that making and
creation of excessive unnatural or unusually loud noises within
the limits of Collier County is a condition that has existed for
some time and is continuing to increase, and that this noise is
detriment to the public health, comfort, convenience, welfare
and prosperity of its residents.
For this reason the ordinance states that the purpose of it is
eliminate, regulate or restrict noise levels that are contrary to
the public welfare. The problem with this ordinance as it is now
written is simply the noise decibel levels allowed along with the
noise measuring device prescribed, which fails to adequate or
accurately measure specific low frequency sounds make it
impossible for the purpose of this ordinance to be achieved.
If the purpose of Ordinance 90-17 is truly to restrict noise
levels within the limits of Collier County that are contrary to the
public welfare now and in the future, then this ordinance should
be amended as proposed.
On behalf of our noise abatement task force and thousands
in our area that have been or now or will in the future be affected
by this noise pollution, we strongly urge approval of this noise
amendment. Thank you.
COMMISSIONER BERRY: I do have a question.
Mr. Palmer, how will an ordinance like this affect an airport?
MR. PALMER: The ordinance will not affect ordinarily airport
related activity. There is an exception in the ordinance now that
says that ordinary airport activities are exempted.
I've looked at that and I do not believe that that includes a
raceway as an ordinary activity. It does not say -- for example,
the other way around would be to say that an activity on the
airport that does not exceed normal airport noise generation. It
doesn't say that. It talks about the activity rather than the noise
level.
COMMISSIONER BERRY: Okay.
MR. PALMER: We've come across a web site yesterday with
hundreds of ordinances from various cities throughout the United
States and if we have time we can address how those various
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June 13, 2000
ordinances handle the racetrack issue such as these air boats
and a lot of these other things.
If we have the time, we can do a detailed analysis, kind of
on a site specific noise source, and see how these problems
have been solved in other jurisdictions.
COMMISSIONER BERRY: Would you or could you get me
some information from Daytona Beach? MR. PALMER: Absolutely.
COMMISSIONER BERRY: The big speedway up there? Could
you get me something from Homestead? MR. PALMER: I think we can.
COMMISSIONER BERRY: I would just -- I'm just very curious
as to how because particularly Homestead came in obviously
after they had the big storm, but there are some surrounding
properties and certainly if people -- if you've not been to the big
raceway in Daytona Beach, you'll know that there's housing in
pretty close proximity to the speedway up there.
And I don't see anybody moving out. In fact, even on the
other side of the airport up there is the big -- it's a very expensive
housing area where most of the owners have their airplanes.
And I'm not just saying they're little airplanes. I'm talking about
the big jets. Their garage is actually a hangar for their planes.
And I want to know how this is all compatible with that
particular area. And if you can get any information, I really
would appreciate that.
MR. PALMER: I was informed that the web site called
nonoise.org has substantial data about the amount of noise that
is generated by many raceway facilities throughout the United
States.
COMMISSIONER BERRY: Okay. Indianapolis would be
another example and I know they've got housing that's around
that particular speedway. So, how do they do it?
MR. PALMER: It occurred to us it would be helpful to know
to what extent the noise level generated by race cars can be
dissipated and otherwise shielded from residential properties.
COMMISSIONER BERRY: Exactly.
MR. PALMER: We'd like to delve into that area --
Page 188
June 13,2000
COMMISSIONER BERRY: There's got to be something.
MR. PALMER: -- because obviously this -- one extent or
another other raceway facilities have analyzed and apparently
solved the problem to some extent. And I think we would like to
look into the details of that kind of data.
CHAIRMAN CONSTANTINE: There is actually a way to
engineer that. If you could go to Disbon, they have a racetrack
there.
COMMISSIONER BERRY: Oh, absolutely.
CHAIRMAN CONSTANTINE: You can do your thing. As it
goes around 95 percent of the track, you don't hear it. They have
an -- they have intentionally left a portion of it open so that you
know what's there and can you see it and hear it extremely loud
when it goes by the opening. You don't hear it at all when it's on
the rest of the track, so there's a way to engineer that. Let's go back to the speakers.
MS. OLESKY: For the record, Ann Olesky. I just want to say
thank you and I'll be looking forward to work in the workshop.
Thank you.
MR. OLLIFF: The next speaker is Thomas Maher followed by
Catherine Kuzmishin.
MR. MAHER: Good afternoon, commissioners. I'm Tom
Maher, president of the Claridge condo association in Pelican
Bay. We have 81 owners which I represent. And we have 81
lanais which are basically unuseable because of noise from our
adjacent building.
We support the amended noise ordinance since the present
ordinance is not adequate in preventing disturbing and intrusive
noise from adjacent buildings. Our owners have suffered many
sleepless nights because of noise emanating from the adjacent
condo. In fact, some owners have sold their apartments because
of the excessive noise problems which since the lack of sleep
was affecting their health.
CHAIRMAN CONSTANTINE: I'm just curious. What is
happening next door? Are they having parties over there or --
MR. MAHER.' It's a chiller.
CHAIRMAN CONSTANTINE: It's a chiller. Okay. Thank you.
Page189
June 13,2000
COMMISSIONER CARTER: Commissioner Constantine,
what's taking place there is WCI has agreed to work with both of
those associations to try to resolve that issue. And it was my
understanding they were moving along in a progressive format to
find the engineering to correct that noise as much as possible.
COMMISSIONER MAC'KIE: So even though it doesn't violate
the current ordinance, the property owner is working to provide a
solution.
CHAIRMAN CONSTANTINE: And I'm sorry to interrupt you. I
just wanted to understand.
MR. MAHER: Okay. Your Michelle Arnold from the code
enforcement and Commissioner Carter have been involved with
us in trying to resolve the problem, but one of the problems is
some of the sound measurements are sometimes violated and
sometimes they don't.
And even when they violate it, the actual fixes wouldn't fix
but we still have that problem if-- they're so close to the present
code that it's still uncomfortable to try to sleep, and that's really
the problem.
We believe that the new amendments of octave band
vibrations standards and weighted noise levels will help to
reduce the disturbing noise from the adjacent building that
interferes with the sleep of the owners.
The Claridge condo association recommends the approval of
the amended noise ordinance so that our owners can have some
restful sleep after two and a half years of noise abatement.
Thank you.
CHAIRMAN CONSTANTINE: Thank you.
MR. OLLIFF: Following Ms. Kuzmishin would be Fred
Thomas.
MS. KUZMISHIN: Good afternoon. I am Catherine Kuzmishin
nd I'm a resident at the Claridge, which is right next door to the
Marbella and my paradise, too, has turned to hell since they fired
up their cooling system.
I cannot open my doors, nor windows, winter or summer. I
hear the noise during the night. I called the police when they
initiated this ugly system back in 1998 and they did modify the
Page190
June t3,2000
noise but it's still a constant -- it's like a constant descent in a
plane. Your ears are blocked and it's 24 hours a day, seven days
a week. There's no let up to this.
I am very much for amending the ordinance. I would like to
start sleeping. I have also lost 225 square feet of living space,
which is quite expensive here in Naples, and I'd like to get it
back by using my lanai. Thank you very much.
MR. OLLIFF: Following Mr. Thomas will be Ken Cuyler.
MR. THOMAS: Commissioners, for the record, Fred Thomas,
a resident of Immokalee.
I really appreciate your direction of saying that you're going
to have some communitywide workshops where you can talk to
the folks. One of the problems you have is you're always looking
for a quick cut approach to solving the problems in Collier
County, but even the men, who were given the map to do the
study for you, that map did not include Immokalee.
COMMISSIONER MAC'KIE: No. Is that true?
MR. THOMAS: Did not include Immokalee, so that's why I
was saying to you that any studies that you do for Immokalee
need to be done between November and March when the
ambient noise is there, when the truckers are there, when the
normal things that are generated in a blue collar community are
normally happening so that you can develop an ambient base
upon which you can begin to talk about spikes.
But, anyway, I suggest to you that we start thinking in terms
of understanding that this county is very, very diverse, with a
diverse population, with diverse levels and desires and wants
and when they want to be more restrictive in certain
neighborhoods, let them have an overlay that's more restrictive.
But let the county function like any other normal county around
the country, allow us to keep not adding nonvalue added
expense to development so that we can become an economic
generator in our community, which is something we want.
Now, I can live anywhere in the county I want, but I'm going
to retire right there where I am, and where I am is only about, I
wouldn't say we're two miles from the racetrack, and contrary to
what you may read in the paper, I have not lost one minute of
Page 191
June 13,2000
peace and tranquility on my lanai and pool deck since I've been
out there, okay.
And those folks that live around the lake during alligator
hunting season do not have any problem using their property
when the air boats go around and do their thing. It's just part of
what it is to being that kind of a community.
Prior to coming here, I lived in the speedway about three
miles as the crow flies from the Indianapolis track. No problem.
In fact, we had a lot of parties during that same event and did
not have to turn our volume up that high in order to enjoy those
parties. But that's a long time ago.
I do think that you all need to do the new technology that
they talked about so that you can begin to better identify the
source, but, you know, I wish you would do an overlay for the
coast first and study Immokalee slowly and then come back and
look and see because I don't think in Immokalee the ordinance is
broke. I think the present ordinance works in Immokalee. Thank
you very much.
COMMISSIONER BERRY: I will add that I think what Mr.
Thomas says, it makes some sense because what I'm afraid is
going to happen about the time the packiong house is tuned up
out there, and then you get the 18 wheelers rolling down New
Market, you'd better be careful about what you decide is
appropriate, because suddenly you may be shutting a lot of
people down.
I have some concerns about that, and it's not only that. It's
the relative noise that goes along with that, and if you haven't
been out there in the wintertime when those packing houses are
rolling, there's a good bit of noise that comes. I mean, that's the
way it works.
COMMISSIONER MAC'KIE: And that's what you expect when
you live in a rural community--
COMMISSIONER BERRY: That's right.
COMMISSIONER MAC'KIE: -- that has a lot of farming just
like I have lots of noise from children around my house. Well,
that's the good news, not the bad news.
CHAIRMAN CONSTANTINE: Next speaker.
Page 192
June 13,2000
COMMISSIONER MAC'KIE: Gees.
MR. CUYLER: For the record, Ken Cuyler with Goodlette,
Coleman and Johnson representing Krehling. Both Mr. Olliff and
and the chairman are giving me the you better hurry up look so I
will go ahead and move quickly.
I just want to let you know that there was a comment about
people who are investigating getting on board with what what's
going on. We do appreciate the board directing staff to work
with the community in addition to spending six figures already at
Krehling Industries to voluntarily handle noise abatement.
And as the gentleman said, we are currently in compliance
with the ordinance so we're not doing it under the pressure of a
threat of a violation.
We also have a gentleman in the back of the room that
we've flown in from Houston, Texas that's been at the plant for
several days. He's with one of the nationally recognized firms.
He's going to model Krehling Industries from a computer analysis
point of view and talk to us, try to explain the ordinance to us,
and hopefully he'll be available to work with your consultants
and your staff and we can come up with something we can all
live with. Thank you very much.
COMMISSIONER CARTER: Ken, I really appreciate that and
thank you. If we can get the noise experts to work together on
these issues, that will be really very helpful to get us where we
need to be.
MR. CUYLER: Yes, sir.
CHAIRMAN CONSTANTINE: Next speaker.
MR. OLLIFF: Following Mr. Cuyler is Karen Bishop who I
believe has waived?
MS. BISHOP: Waive.
MR. OLLIFF: Followed by Paul Kiteck.
MR. CUYLER: He's our expert.
MR. OLLIFF: The last speaker is David Ellis.
COMMISSIONER BERRY: He's waiving.
COMMISSIONER MAC'KIE: He's waiving.
CHAIRMAN CONSTANTINE: He's waiving. God bless you all.
That concludes that agenda item with the direction that
Page193
June 13,2000
we'll have a series of community workshops in the next three
months and have that back in time for fall so we won't suffer
through yet another season without some answers.
That concludes takes today's regular agenda.
Mr. Olliff, anything you'd like to add?
Item #14A
DISCUSSION REGARDING FIREWORKS BAN
MR. OLLIFF: Just one item. I think that there was some
concern earlier in the week about whether the county ought to
consider a fireworks ban based on the drought issues, but I think
based on the last three days of steady rain and a forecast of six
more in a row, we're not recommending that unless there's he a
board member who wants us to pursue that.
CHAIRMAN CONSTANTINE: Thank you.
Mr. Weigel, anything?
Item #14B
REPORT ON ARLA BERNSTEIN EMPLOYMENT LAWSUIT
MR. WEIGEL: Three brief ones. We -- notifying you and
we're pleased to announce that the Irla Bernstein alleged
employment discrimination case was won by the fine work of
Ramiro Manalich and Mike Pettit by done order of Judge Susan C.
Bucklieu of the U.S. District Court.
Item #14C
STATUS REPORT REGARDING ROCKS ON THE BEACH LAWSUIT
For your information, the rocks on the beach law suit was
filed 12 days ago. It's a six-count law suit involving six
defendants, and I anticipate transmitting a claim demand for
treble damages for civil theft if not later dated today, tomorrow
Page 194
June 13, 2000
to one of the named defendants. Just up -- COMMISSIONER MAC'KIE'- I'm sorry. A claim demand for
what?
MR. WEIGEL: On the basis of civil theft.
COMMISSIONER MAC'KIE: On the basis of civil theft?
MR. WEIGEL: Yes. I want you to know that, you know, we
are aggressively pursuing this --
COMMISSIONER MAC'KIE: Wow.
MR. WEIGEL: -- as far as that goes.
COMMISSIONER MAC'KIE: It sounds aggressive.
Item #14D
STATUS REPORT REGARDING MILLER BOULEVARD EXTENSION
PROSCRIPTIVE EASEMENT LAWSUIT
MR. WEIGEL: The third item is that we have filed today a
Notice for Trial with the Court on the county's Miller Boulevard
extension prescriptive easement law suit and look forward to
prepare for trial on that.
CHAIRMAN CONSTANTINE: Commissioner Berry, anything?
COMMISSIONER BERRY: I wouldn't think of it.
CHAIRMAN CONSTANTINE: Commissioner Carter?
COMMISSIONER CARTER: No. I'll see you tomorrow.
CHAIRMAN CONSTANTINE: Commissioner Mac'Kie.
COMMISSIONER MAC'KIE: Yeah, I can wait until tomorrow,
too.
CHAIRMAN CONSTANTINE: The one thing we will be doing
also tomorrow besides the staff update is approving a little bond
issue thing, a little bonding for--
MR. OLLIFF: Jennifer Edwards.
CHAIRMAN CONSTANTINE: -- Jennifer Edwards.
***** Commissioner Berry moved, seconded by Commissioner
Mac'Kie, and carried 4/0, with the exception of 16A6, which
carried 3/0 with Commissioner Mac'Kie abstaining, that the
following items under the Consent and Summary Agenda be
Page 195
approved and/or adopted:
Item #16A1
June 13,2000
INTERLOCAL AGREEMENT BETWEEN THE CITY OF MARCO
ISLAND AND COLLIER COUNTY, PROVIDING AFFORDABLE
HOUSING PROGRAMS TO THE CITY OF MARCO ISLAND
Item #16A2 - Moved to Item #8All
Item #16A3
FINAL ACCEPTANCE OF WATER AND SEWER UTILITY FACILITIES
FOR ENCLAVE PROFESSIONAL CENTER A/K/A PARK CENTRAL,
PHASE I
Item #16A4
FINAL PLAT OF "LEMAE INDUSTRIAL LOTS"
Item #16A5
FINAL PLAT OF "BERKSHIRE COMMONS PARCEL C"
Item #16A6
FINAL PLAT OF INDIGO LAKES UNIT ONE - SUBJECT TO LETTER
OF CREDIT, CONSTRUCTION AND MAINTENANCE AGREEMENT
AND STIPULATIONS
Commissioner Mac'Kie abstained
Item #16A7
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR
SANITARY SEWER IMPROVEMENTS IN TOLLGATE COMMERCIAL
CENTER
Page 196
June 13,2000
Item #16B1
STAFF TO BEGIN CONTRACT NEGOTIATIONS FOR DESIGN AND
PERMITTING OF IMMOKALEE ROAD FROM U.S. 41 TO 1-75, CIE
#6, PROJECT NO. 66042 - WITH HOLE MONTES & ASSOCIATES,
RWA, INC., AND WILSONMILLER
Item #16B2 - Withdrawn
BUDGET AMENDMENT TO FUND WORK ORDERS FOR A NOISE
STUDY AND LANDSCAPE ARCHITECTURAL SERVICES FOR
PROPOSED WIDENING OF VANDERBILT BEACH ROAD FROM
AIRPORT ROAD TO C.R. 951 (COLLIER BOULEVARD), PROJECT
NO. 63051, CIE #63
Item #16B3
STAFF TO BEGIN CONTRACT NEGOTIATIONS FOR DESIGN AND
PERMITTING OF SANTA BARBARA/LOGAN BOULEVARD FROM
RADIO ROAD TO PINE RIDGE ROAD, CIE #56, PROJECT NO.
62081 - WITH WILSONMILLER, PITMAN HARTENSTEIN AND
AMERICAN CONSULTING ENGINEERING
Item #16B4
RESOLUTION 2000-171, AUTHORIZING THE INSTALLATION OF A
F~UR-WAY STOP CONTROL AT THE INTERSECTION OF NORTH
9'" STREET AND ROBERTS AVENUE IN IMMOKALEE, FLORIDA
Item #16B5 - Deleted
Item #16B6
BUDGET AMENDMENT TO PURCHASE ITEMS NECESSARY FOR
CONSOLIDATED TRAFFIC OPERATIONS AREA IN RELOCATED
TRANSPORTATION DIVISION OFFICE
Page 197
June 13,2000
Item #16B7
BUDGET AMENDMENTS RECOGNIZING CARRY FORWARD
AMOUNTS FROM FY 99 FOR ROAD PROJECTS IN FUNDS 313,
331,333, 334, 336, 338, 339 & 340
Item #16B8
AGREEMENT FOR SALE AND PURCHASE WITH VERA WYCHE FOR
A 1.03 +/- ACRE PARCEL LOCATED IN NAPLES GATEWAY
ESTATES NEEDED TO PROVIDE FOR THE LELY AREA
STORMWATER IMPROVEMENT PROJECT CONCEPTUAL PERMITS
AND FUTURE STORMWATER PROJECTS - IN THE AMOUNT OF
$6,425
Item #16B9
TWO-PARTY AGREEMENT AND ACCEPTANCE OF ANY EASEMENT
AND TEMPORARY CONSTRUCTION EASEMENT FROM THE
HALSTATT PARTNERSHIP FOR THE DEVELOPMENT OF
LIVINGSTON ROAD, PROJECT #60061, WITH THE PLANNED
IMPROVEMENTS OF GREY OAKS
Item #16B10
WORK ORDER NO. WD-129 WITH MITCHELL AND STARK
CONSTRUCTION CO., INC. FOR THE INSTALLATION OF
KIRKWOOD AVENUE EXTENSION DRAINAGE IMPROVEMENTS
(PROJECT NO. 31803) - IN THE AMOUNT OF $94,218
Item #16Bll - Added and Moved to Item #8B1
Item #16B12 - Added
BUDGET AMENDMENT TO FUND WORK ORDERS FOR A NOISE
STUDY AND LANDSCAPE ARCHITECTURAL SERVICES FOR THE
Page 198
June 13, 2000
PROPOSED WIDENING OF VANDERBILT BEACH ROAD FROM
AIRPORT ROAD TO C.R. 951 (COLLIER BLVD), PROJECT NO.
63051, CIE #63 (STAFF'S REQUEST)
Item #16C1
AGREEMENT WITH KEEP COLLIER BEAUTIFUL, INC. FOR LITTER
PREVENTION PROGRAMS
Item #16C2 - Deleted
Item #16C3
AMENDMENT NO. 7 TO THE PROFESSIONAL SERVICES
AGREEMENT WITH HUMISTON & MOORE ENGINEERS FOR WORK
ASSOCIATED WITH THE BIG MARCO AND CAPRI PASS INLET
MANAGEMENT PLAN - IN AN AMOUNT NOT TO EXCEED $127,425
Item #16C4
AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES
AGREEMENT WITH HUMISTON & MOORE ENGINEERS FOR THE
MARCO ISLAND SEGMENTED BREAKWATER PROJECT - IN AN
AMOUNT NOT TO EXCEED $23~900
Item #16C5
DEVELOPER CONTRIBUTION AND PARTICIPATION AGREEMENT
BETWEEN THE COUNTY AND WCI COMMUNITIES~ INC. FOR
ODOR CONTROL IMPROVEMENT AT THE NORTH COUNTY WATER
RECLAMATION FACILITY - IN THE AMOUNT OF $80~000
Item #16C6
BID #00-3085 FOR THE PURCHASE OF FOUR TRACKHOES -
AWARDED TO UNITED RENTALS IN THE AMOUNT OF $118,900
Page 199
June 13,2000
Item #16C7
BID #00-3058 FOR UNDERGROUND UTILITY SUPPLIES -
AWARDED TO THE VENDORS AS SHOWN IN THE EXECUTIVE
SUMMARY
Item #16C8 - Moved to Item #8C2
Item #16C9 - Withdrawn
STANDARDIZATION AND PURCHASE OF FOUR REPLACEMENT
BOOSTER PUMPS FOR THE WATER DEPARTMENT BOOSTER
STATION FROM CUSTOM PUMP & CONTROLS, INC. - IN THE
AMOUNT OF $70,048
Item #16Cl 0
CHANGE ORDER NO. I CONTRACT NO. 99-2980, WITH LAKE
MICHIGAN CONTRACTORS, INC. FOR WIGGINS PASS
MAINTENANCE DREDGING - IN THE AMOUNT OF $781,418
Item #16C11
RFP-00-3040, FOR THE FINANCIAL AUDITS OF THE SOLID WASTE
COLLECTION FRANCHISEES - AWARDED TO SCHULTZ, CHAIPEL
AND COMPANY, LLP IN THE AMOUNT OF $34,960
Item #16Cl 2
BUDGET AMENDMENT FOR THE EMERGENCY PURCHASE OF
PARTS AND SERVICE FROM ASHBROOK CORPORATION FOR
SOUTH REGIONAL WATER TREATMENT FACILITY SLUDGE
PRESS
Item #16C13 - Moved to Item #8C3
Item #16C14
Page 200
June 13,2000
AUTHORIZATION FOR STAFF TO ADVERTISE THE PROPOSED
COLLIER COUNTY IRRIGATION ORDINANCE FOR PUBLIC
HEARING
Item #16C15
BID #00-3050 FOR PELICAN BAY CATTAIL REMOVAL - AWARDED
TO AQUATIC PLANTS OF FLORIDA, INC. - IN THE AMOUNT OF
$73,200 AND BID IRREGULARITIES WAIVED
Item #16C16
AUTHORIZATION FOR THE WASTEWATER DIRECTOR TO
EXECUTE THE FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION SETTLEMENT AGREEMENT REGARDING OGC CASE
#00-0750-11-DW
Item #16D1
EXTENSION OF AGREEMENT WITH THE SOUTHEASTERN
LIBRARY NETWORK (SOLINET} UNTIL MAY 5, 2001, FOR
BIBLIOGRAPHIC PRODUCTS AND SERVICES
Item #16D2
ADDITION TO AGREEMENTS BETWEEN DATA RESEARCH
ASSOCIATES, INC. AND THE BOARD OF COUNTY
COMMISSIONERS, PERMITTING LIBRARY USE OF ADDITIONAL
DATA RESEARCH SOFTWARE
Item #16D3
AUTHORIZATION FOR STAFF TO RESCHEDULE THE TEEN
CONCERT THAT WAS PREVIOUSLY APPROVED FOR JUNE 15TH
TO SEPTEMBER, ON THE SUNDAY FOLLOWING THE FRIDAY
NIGHT AND SATURDAY COUNTRY JAMBOREE AT VINEYARDS
Page 201
COMMUNITY PARK
June 13,2000
Item #16D4
BID #00-3009, TO RESURFACE AND REPAIR THE BASKETBALL
COURTS AT GOLDEN GATE COMMUNITY PARK, VETERAN'S
COMMUNITY PARK, VINEYARDS COMMUNITY PARK AND
IMMOKALEE COMMUNITY PARK - AWARDED TO US TENNIS AND
FITNESS, INC. - IN THE AMOUNT OF $31,273
Item #16D5
WORK ORDER #ABB-FT-00-08, TO AGNOLI, BARBER &
BRUNDAGE, INC. FOR PROFESSIONAL ENGINEERING SERVICES
FOR THE SITE AND DESIGN AND PERMITTING OF A PARKING
LOT AT VINEYARDS ELEMENTARY SCHOOL - IN THE AMOUNT OF
$47,755
Item #16D6
INTERLOCAL AGREEMENT WITH THE COLLIER COUNTY SCHOOL
BOARD TO FUND THE CONSTRUCTION OF A PARKING LOT AT
VINEYARDS ELEMENTARY SCHOOL ADJACENT TO THE
VINEYARDS COMMUNITY PARK - IN THE AMOUNT OF $200,000,
50% OF WHICH WILL BE OFFSET BY REIMBURSEMENT FROM
THE SCHOOL BOARD
Item #16E1
PURCHASING POLICY WAIVED; COUNTY DEPARTMENTS
ALLOWED TO PURCHASE BUILDING MATERIALS/LUMBER FROM
COLLIER COUNTY VENDORS WITHOUT OBTAINING QUOTES
Item #16E2
BUDGET AMENDMENT TO FUND 516, PROPERTY & CASUALTY
INSURANCE FOR CLAIMS AND SETTLEMENTS FOR THE
Page 202
REMAINDER OF FISCAL
YEAR 2000
June 13,2000
Item #16E3
BUDGET AMENDMENT FOR SECURITY RELATED ITEMS FOR
COLLIER COUNTY COURTHOUSE AND GOVERNMENT COMPLEX
AND ADA IMPROVEMENTS
Item #16E4
RESOLUTION 2000-172, APPROVING THE LEASE AGREEMENT
BETWEEN COLLIER COUNTY AND COLLIER MOSQUITO CONTROL
DISTRICT FOR USE OF THE COMMUNICATIONS TOWER AT THE
NAPLES COUNTY BARN FACILITY - ANNUAL RENT IN THE
AMOUNT OF $1,200
Item #16E5 - Deleted
Item #16E6 - Deleted
Item #16E7
BUDGET AMENDMENT TO FUND 518, WORKERS COMPENSATION
INSURANCE FOR CLAIMS AND SETTLEMENTS FOR THE
REMAINDER OF FY 00
Item #16F1 - Deleted
Item #16F2
BUDGET AMENDMENT TO PURCHASE A 1995 CHEVROLET
SUBURBAN AND IMPROVEMENTS BY APPROPRIATING FUNDS
FROM OCHOPEE FIRE CONTROL DISTRICT'S RESERVE
Item #16G 1
BUDGET AMENDMENTS ADJUSTING THE GENERAL FUND
Page 203
June 13, 2000
BUDGET AND THE COUNTYWIDE CAPITAL FUND BUDGET
Item #16G2
BUDGET AMENDMENTS 00-254, 00-256, 00-259, 00-283, 00-294
AND 00-297
Item #16G3
MARTHA SKINNER, COLLIER COUNTY SOCIAL SERVICES
DIRECTOR, APPOINTED TO SERVE ON THE NEW COLLIER
COUNTY COMMUNITY ALLIANCE BOARD ADVISING THE
FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES
Item #16H1
BUDGET AMENDMENT INCREASING THE MARCO ISLAND
EXECUTIVE AIRPORT FUEL REVENUE BUDGET BY $105,100
Item #16H2
BUDGET AMENDMENT INCREASING THE IMMOKALEE REGIONAL
AIRPORT FUEL REVENUE BUDGET BY $153,500
Item #1611
REQUEST FOR PAYMENT FOR COMMISSIONER CONSTANTINE TO
ATTEND THE ANNUAL INSTALLATION DINNER OF THE
AMERICAN SPECIALTY CONTRACTORS OF FLORIDA - IN THE
AMOUNT OF $30.00
Item #16J1
SATISFACTIONS OF LIEN FOR SERVICES OF THE PUBLIC
DEFENDER
Item #16J2
Page 204
June 13,2000
MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED
The ~following miscellaneous correspondence, as presented
by the Board of County Commissioners, has been directed to the
various departments as indicated:
Page 205
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
June 13, 2000
FOR BOARD ACTION:
1.
Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of
Lien for Services of the Public Defender for Case Nos.: 99-08533MMA, 99-
00818MMA, 99-04728MMA, 99-07728MMA, 99-01966MMA, 99-02446MMA, 99-
05655MMA, 98-07011MMA, 99-06123MMA, 99-02156MMA, 99-04447MMA, 99-
05973MMA, 99-03523MMA, 98-07800MMA, 99-0732MMA, 99-06137MMA, 99-
08847MMA, 99-04993MMA, 99-05646MMA, 99-05204MMA, 99-06978MMA, 99-
03420MMA, 99-06866MMA, 99-03754MMA, 99-03911MMA, 99-05368MMA, 99-
08742MMA, 000-0765MMA, 99-09761MMA, 93-01347CFA, 94-01493CFA
2. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
e
Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter
136.06(1), the disbursements for the Board of County Commissioners for the period:
A. May 10-16, 2000
B. May 17-23, 2000
4. Districts:
Ao
Cedar Hammock Community Development District - Minutes of meeting held by
Board of Supervisors on 02/14/00; Final Budget for Balance of Fiscal Yr. 2000
(12/01/99-09/30/00) and Financial Statements for 01/31/2000 and 12/31/99
(unaudited)
go
Port of the Islands Community Improvement District - Minutes of meetings held
by Board of Supervisors on 03/16/00 and reconvening 03/27/00; Notice of Board
of Supervisor's Regular Meeting for 05/18/00
Go
Heritage Greens Community Development District, Formerly Dove Pointe C.D.D.
- Minutes of meeting held by Board of Supervisors on 03/16/00
Collier Soil and Water Conservation District - Financial Statements for YE
09/30/99; reports of Independent Auditor for YHE 09/30/99; letter to management
and response; State of Florida Annual Local Government Financial Report for FY
98-99
o
Minutes:
A. Library Advisory Board- Minutes of meeting of March 22, 2000
B. Rural Fringe Area Assessment Oversight Committee - Agenda for May 17, 2000
and Minutes for May 3, 2000 meeting
C. Collier County Planning Commission - Agenda for May 18, 2000
D. Collier County Historic and Archaeological Preservation Board - Agenda for May
19, 2000
E. Environmental Advisory Council - Agenda for June 7, 2000 and minutes of May
3, 2000 meeting
F. Lely Golf Estates Beaufification Advisory Committee - Agenda for May 12, 2000
and minutes of April 14, 2000 meeting
G. Collier County Health Care Review Committee - Agenda for May 17, 2000 and
minutes of April 12, 2000 meeting
June 13, 2000
Item #16K1
STATE REVENUE SHARING APPLICATION FOR FISCAL YEAR
2000-2001
Item #16K2
UPDATED SIGNATORY LETTER FOR FOURTH YEAR STATE
CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP) FUNDS FOR
THE SHERIFF'S OFFICE
Item #16L1
STIPULATED ORDER FOR ATTORNEY'S FEES AND COSTS
PERTAINING TO THE EASEMENT ACQUISITION OF PARCELS
105A AND 105B IN COLLIER COUNTY V. MARIANNE BENDOTT,
ET AL., CASE NO. 92-2045-CA - IN THE AMOUNT OF $25,772.25
Item #16L2
STIPULATION FOR DISMISSAL AND RELEASE IN THE CASE OF
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT OF COLLIER
COUNTY, FLORIDA V. ROBINSON & COLE, L.L.P. AND COLLIER
COUNTY, FLORIDA, CASE NO. 99-2910-CA
Item #17A
ORDINANCE 2000-39, PETITION PUD-99-06(1), ANITA L.
JENKINS, AICP, OF WILSONMILLER, INC. AND DONALD W.
ARNOLD, AICP, OF Q. GRADY MINOR AND ASSOCIATES,
REPRESENTING G.L. HOMES OF NAPLES ASSOCIATES, LTD.,
REQUESTING A REZONE FROM "CF" COMMUNITY FACILITIES,
"A" RURAL AGRICULTURAL, AND "PUD" PLANNED UNIT
DEVELOPMENT TO "PUD" PLANNED UNIT DEVELOPMENT
KNOWN AS RIGAS PUD, BY INCREASING THE ACREAGE FROM
232+/- ACRES TO 241+/- ACRES, INCREASING THE MAXIMUM
RESIDENTIAL UNITS FROM 725 TO 755, ADDING NEW
Page 206
June 13,2000
LANGUAGE TO ADDRESS MITIGATION MEASURES AND
AMENDING THE LEGAL DESCRIPTION FOR PROPERTY LOCATED
ON THE SOUTH SIDE OF IMMOKALEE ROAD (C.R. 846),
APPROXIMATELY I MILE EAST OF 1-75 AND ONE MILE WEST OF
C.R. 951, CONSISTING OF 241+/- ACRES
Item #17B
ORDINANCE 2000-40, PETITION PUD-2000-01, KAREN BISHOP OF
PMS, INC. REPRESENTING KENNEITH W. RICHMAN, TRUSTEE,
REQUESTING A REZONE FROM ITS CURRENT ZONING
CLASSIFICATION OF "A" RURAL AGRICULTURAL TO "PUD"
PLANNED UNIT DEVELOPMENT TO BE KNOWN AS NORTHSIDE
MEDICAL PLAZA PUD, LOCATED ON VETERAN PARK DRIVE,
APPROXIMATELY 650 FEET SOUTH OF IMMOKALEE ROAD
Item #17C
RESOLUTION 2000-173, PETITION CU-2000-04, DR. SCOTT
GREGORY REQUESTING A CONDITIONAL USE FOR A
VETERINARY CLINIC IN THE "A" RURAL AGRICULTURAL ZONING
DISTRICT FOR A PROPERTY LOCATED ON THE EAST SIDE OF
COLLIER BOULEVARD (C.R. 951), APPROXIMATELY ONE HALF
MILE NORTH OF VANDERBILT BEACH ROAD, CONSISTING OF
4.84 ACRES
Item #17D
RESOLUTION 2000-174, PETITION VAC-00-004, TO VACATE THE
NORTH 4.3 FEET OF THE PLATTED 15 FOOT WIDE UTILITY AND
DRAINAGE EASEMENT ON LOT 66, "THE LODGINGS OF
WYNDEMERE SECTION ONE"
Item #17E
RESOLUTION 2000-175, PETITION VAC-99-021 TO VACATE A
PORTION OF THE PLATTED 15' WIDE DRAINAGE EASEMENT ON
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LOT 13 "TIERRA LAGO"
June 13,2000
Item #17F
ORDINANCE 2000-41, AMENDING ORDINANCE 20000-15, TO
CORRECT A SCRIVENER'S ERROR IN SECTION 2.6 - PROJECT
DENSITY OF THE GOLDEN GATE COMMERCE PARK PUD,
LOCATED ON THE WEST SIDE OF COLLIER BOULEVARD (C.R.
951), IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA
Item #17G
RESOLUTION 2000-176, CORRECTING THE LEGAL DESCRIPTION
OF RESOLUTION 2000-28 FOR A PROPERTY KNOWN AS SAINT
VINCENT DE PAUL THRIFT STORE
Miss Filson, may we be excused?
MS. FILSON: You may.
CHAIRMAN CONSTANTINE: Thank you.
Page 208
June 13, 2000
There being no further business for the good of the County,
the meeting was adjourned by order of the Chair at 3:54 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
TIMOTHY J. C~STANTINE, CHAIRMAN
ATTEST:
ii'~i~DWIGH~ E. BROCK, CLERK
'-. ~.: ~..'~ ~.- '. ':."/ Deputy Clerk
These minu~.~ approved by the Board on ~'/~//~
presented or as corrected .
, as
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICE, INC., BY CHERIE' R. LEONE and ROSE M.
WITT, NOTARY PUBLICS
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