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BCC Minutes 05/08/2001 RMay 8, 2001 REGULAR MEETING OF MAY 8, 2001 OF THE BOARD OF COUNTY COMMISSIONERS 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 9:05 a.m. in REGULAR SESSION in Building 'F' of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: VICE CHAIRMAN: JAMES D. CARTER, PH.D PAMELA S. MAC'KIE JIM COLETTA DONNA FIALA TOM HENNING ALSO PRESENT: TOM OLLIFF, County Manager MIKE McNEES, Assistant County Manager DAVID WEIGEL, County Attorney MARJORIE STUDENT, Assistant County Attorney TOM STORRAR, Emergency Services Administrator Page I COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA May 8, 2001 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 COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941)774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1 May 8, 2001 INVOCATION m Reverend Paul Jarrett, Naples Church of Christ PLEDGE OF ALLEGIANCE APPROVAL OFAGENDAS APPROVAL OF CONSENTAGENDA. APPROVALOFSUMMARYAGENDA. APPROVAL OF REGULAR AGENDA. APPROVAL OF MINUTES B. C. D. April 10, 2001 - Regular Meeting April 11,2001 - Joint Workshop April 12, 2001 - BCC/Development Review Workshop April 17, 2001 - BCC/Natural Resources Workshop PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) Proclamation proclaiming May 6-12, 2001 as Rotary International Group Study Exchange Week. To be accepted by Jayme Baleeiro, Team Leader, Rotary District 4550 GSE Team. 2) Proclamation proclaiming May 6-12, 2001 as Be Kind to Animals Week. To be accepted by Ms. Jodi Walters and Mr. Terry Tilley. 3) Proclamation proclaiming May 19-25, 2001 as National Safe Boating Week. To be accepted by Commander Lane. 4) Proclamation proclaiming May 2001 be designated as Worthy Wage Month in Collier County. To be accepted by Mrs. Patti Young and Mrs. Myra Shapiro. 5) Proclamation proclaiming May 13-16, 2001 as Law Enforcement Appreciation Week. To be accepted by Sheriff Donald Hunter. 6) Proclamation proclaiming May 6 -12, 2001 as Collier County Tourism Week. To be accepted by Kathleen Prutos, President, Tourism Alliance of Collier County. B. SERVICE AWARDS Five Year Attendees: 2 May 8, 2001 1) 2) Robert Rudker, Parks and Recreation Darrel Rister, Water Distribution Ten Year Attendees: 1) 2) 3) 4) 5) Debbi Maxon, Social Services Kenneth Thatcher, Wastewater Thomas Stiers, Wastewater Collections Arthur Tucker, Pollution Control Irving Berzon, Pollution Control Fifteen Year Attendees: 1) Richard D'Orazio, EMS Twenty Year Attendees: 1) 2) Martha Ginter, EMS Marquita King, Transportation Twenty-Five Year Attendees: 1) Linda Denning, University Extension Services C. PRESENTATIONS APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. PUBLIC PETITIONS Request from Pastor Ken Chickk of Tree of Life Church for Public Petition regarding a request to extend the hours at Sugden Park to 10:00 p.m. COUNTY MANAGER'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Approve a Resolution adopting the County's FY2001-2005 Consolidated Plan and One Year Action Plan as required by the U.S. Department of Housing and Urban Development (HUD) for the Community Development Block Grant (CDBG) Program, and authorize the Housing and Urban Improvement (HUI) Department to hire four additional staff members to implement and administer the program. 3 May 8, 2001 TRANSPORTATION SERVICES PUBLIC UTILITIES 1) Adopt a Resolution authorizing the acquisition by gift or purchase of perpetual, non-exclusive utility easements for the construction of improvements to the South County Regional Water Treatment Plan (Project 70054). 2) Adopt a Resolution authorizing the acquisition of condemnation of perpetual, non-exclusive utility easements and temporary access and construction easements for the construction of improvements to the South County Regional Water Treatment Plant (Project No. 70054). D. PUBLIC SERVICES 1) This item continued from the April 24, 2001 BCC Meetinq. Status report regarding acquisition options for property located in the Barefoot Beach Park Preserve. E. SUPPORT SERVICES 1) Board of County Commissioners' consideration of newspaper advertisement of the Board's Agenda Index. F. EMERGENCY SERVICES G. COUNTY MANAGER H. AIRPORT AUTHORITY COUNTY ATTORNEY'S REPORT BOARD OF COUNTY COMMISSIONERS Reconsideration of a.qenda item 9(B) of the BCC March 27, 2001 Public Meetinq. Request for Board direction regarding Section 163.3215, FLA. Stat., verified complaint from Vanderbilt Shores Condominium Association, Inc., Vanderbilt Club Condominium Association, Inc., The Mansions Condominium Association, Inc., Gulf Cove Condominium Association, Inc., and Vanderbilt Beach and Bay Association, Inc., challenging the County's approval of SDP-2000-108 for the Vanderbilt Beachcomber Resort as inconsistent with the County's Comprehensive Plan. (Request that this item be continued to the May 22, 2001 BCC Meeting per Commissioner Carter.) 4 May 8, 2001 11. PUBLIC Request to initiate discussion with the Collier County Public School Board and Naples Community Hospital regarding the School Nursing Program. (Commissioner Coletta) Time Certain Item - To Be Heard at 10:00 A.M. Character First Presentation (Commissioner Mac'Kie) OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS B. COMMUNITY REDEVELOPMENT AGENCY PUBLIC COMMENT ON GENERAL TOPICS HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS C. OTHER l) Consideration of an Ordinance relating to an additional one-half percent local government infrastructure discretionary sales surtax to fund road projects. 2) An Ordinance amending Collier County Ordinance No. 93-48 also cited as Code of Laws and Ordinances Section 126-28, pursuant to Section 336.025, Florida Statutes, providing for the extension for twenty years of the five cents of additional local option gas tax upon every gallon of motor fuel sold in Collier County and taxed under provisions of Part I of Chapter 206, Florida Statutes; amending Section 126-28: (b) Findings and Purpose, (c) Levy of Tax, (d) Providing Effective Date of Extension of the Imposition of Tax, (e) (1) and (2) Use of Revenues and Providing for Collection and Distribution of Tax; Providing for Conflict and Severability; Providing for Inclusion in the Code of Laws and Ordinances; and Providing an Effective Date. 13. BOARD OF ZONING APPEALS 5 May 8, 2001 14. 15. A. ADVERTISED PUBLIC HEARINGS 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. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) 2001 Interlocal Tourism Agreement between Collier County and the City of Naples regarding the Fourth of July Festival. 2) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Villas at Greenwood Lake". 3) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Fiddler's Creek Phase lB, Unit Three". 4) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Fiddler's Creek Pepper Tree Village and Bent Creek Village". 5) Final acceptance of water utility facilities servicing Cypress Woods fire hydrant. 6) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Grey Oaks Unit Eight". 7) Authorize staff to produce a Boater's Guide and to seek additional funding sources through grants and partnerships. B. TRANSPORTATION SERVICES 1) Approve a developer contribution agreement with PR VI, LLC, an Indiana Limited Liability Company, ("Developer") for the improvements of Tarpon 6 May 8, 2001 2) 3) 4) 5) 6) 7) 8) 9) lO) 12) Bay Boulevard and 20th Avenue NW. This item has been deleted. Request for speed limit reduction from forty-five miles per hour (45 MPH) to thirty-five miles per hour (35 MPH), except where currently posted at thirty miles per hour (30 MPH), on Vanderbilt Drive from 111th Avenue/Bluebill Avenue to Wiggins Pass Road. This item has been deleted. Recommendation that the Board of County Commissioners approve the mediated settlement agreement and a stipulated final judgment to be drafted incorporating the same terms and conditions as the mediated settlement agreement relative to the fee simple acquisition of Parcel 2-T in the Lawsuit entitled Collier County v. John B. Fassett, Trustee, et al, Case No. 99-3040 (Livingston Road 4-1aning project, Project No. 65041). A Resolution of the Collier County Board of County Commissioners authorizing the filing of the Trip and Equipment Grant application with the Florida Commission for the Transportation Disadvantaged (CTD). Authorize the making of an offer of judgment to defendant, James A. Brown, Jr., for Parcel Nos. 135/40, 135/40.1,136/41 and 136/41.1 in the amount of $500.00 in the Lawsuit styled Collier County v. Timothy Maloney, et al, Case No. 92-1508-CA. Approve Change Order No. 1 to Work Order No. WD-08 with Kyle Construction, Inc. for SR-29 Canal Culvert Upgrade (Project No. 31701). Approve Work Order No. WD-017 with Florida State Underground, Inc., for the repair of dual 48" culverts under Lakewood Blvd., near the Intersection of Boca Ciega Drive, Project No. 60055. Adopt a Resolution to correct a Scrivener's Error in Resolution No. 2001- 46, which authorized the condemnation of right-of-way for Livingston Road from Golden Gate Parkway to Pine Ridge Road (C.I.E. No. 52). Award Contracts #01-3184 "CEI Services" for Collier County Road Projects to Nine Firms. Approve Work Order No. WD-018 with Kyle Construction for the replacement of a 36" storm water culvert on San Marco Road (C.R. 92), Project No. 60059. 7 May 8, 2001 13) Approve Work Order No. WD-019 with Kyle Construction for the replacement of "Triple 36" and dual 48 storm water culverts under Burning Tree Drive, Project No. 60046. 14) Award a Professional Engineering Services Contract #01-3195 to CH2MHILL, Inc. for the design and permitting of Vanderbilt Beach Road, Collier County Project No. 63051, CIE No. 24. Approval of a Budget Amendment for landscape services and median beautification projects. 16) Approve the stipulated final judgment relative to the easement acquisition of Parcel 311B in the Lawsuit entitled Collier County v. Edith Baloras, et al, (Golden Gate Boulevard, Project No. 63041). 17) Approve Petition TM 01-01 for the Neighborhood Traffic Management Program Project (NTMP) on 32nd Avenue SW between 54th Lane SW and 44th Street SW. PUBLIC UTILITIES 1) Approve Work Order for underground utility contracting services for the North County Water Reclamation Facility Septage Receiving Station, Project 73067. 2) Approve the stipulated final judgment relative to the condemnation of Parcel Nos. 910 and 911 in the Lawsuit styled Collier County v. William Kinsley, et al, Case No. 96-1315-CA. 3) Approve Work Order GH-FT-01-1 with Greeley and Hansen, LLP, to update the Water and Wastewater Master Plans, Projects 70070 and 73066. 4) Acceptance of conveyance documents for sewer utility pump stations and force mains acceptance within Wing South Airpark Subdivision. 5) Waive purchasing policy and amend Emergency Professional Services Agreement for Engineering Services to expand the North County Water Reclamation Facility to 30.6-MGD MMADF, Project 73950. 6) Amend professional services agreement with Hole Montes for engineering services related to flow equalization tank(s) at the South County Water Reclamation Facility, RFP 93-2121, Project 73949. 8 May 8, 2001 7) 8) 9) 12) Amend professional services agreement related to the North County Water Reclamation Facility Expansion, Contract 96-2474, for flow equalization tank(s), Project 73077. Acceptance of conveyance documents for sewer utility facilities within the Eagle Creek Subdivision. Award contract to construct South County Regional Water Treatment 8- MGD Reverse Osmosis Expansion, Bid 01-3194, Project 70054. Award a contract to Gulf States Inc. to construct the Vineyards reuse water automation project, Bid No. 01-3211, Project 74015. Authorize the Chairman of the Board of County Commissioners to execute three sovereign submerged lands easements for the Collier Bay entrance channel dredging and Hideaway Beach temporary t-groin construction projects. Authorize the Chairman to sign the agreement to update the maps of the well field protection zones of the County's Ground Water Protection Ordinance. 13) Approve purchase of aluminum sulphate based on quotations in excess of the $25,000.00 competitive threshold. Waive formal competition and approve the purchase of an Aquatech Mobile Catch and High Velocity Combination Sewer Cleaner. Board approval of budget amendment recognizing positive carry forward variance in the Pollution Control Fund (114). 16) Award a contract to Montgomery Watson Americas Inc. for construction management-at-risk services to construct the South County Water Reclamation Facility Expansion, RFP 00-3171, Project 73949. PUBLIC SERVICES 1) Authorize the Parks and Recreation Department to operate an additional summer camp site at Corkscrew Elementary School. 2) Award of Bid #01-3229 to G.A. Foods to prepare the food for the Summer Food Service Grant Program while summer school is not in session. 3) Authorization to provide local matching funds from the Community Foundation of Collier County for the State of Florida's School Age Child 9 May 8,2001 Hw Care Investment Program Grant. SUPPORT SERVICES 1) Recommendation to Award Bid No. 01-3207, Safety Equipment and Supplies. 2) Approval to Award Bid #00-3161 to Massey Services Inc. as primary provider and Ecolab as secondary provider for annual pest control services. 3) Recommendation that the Board of County Commissioners convey easements to Florida Power and Light Company and Sprint-Florida, Inc. 4) Approve request for additional staff for the Department of Public Information and associated budget amendments. EMERGENCY SERVICES 1) Approval of a lease agreement between Collier County and Omnipoint Holdings Inc. for placement of a Communications Tower upon County- Owned Property. 2) Approve proposed pay adjustments for EMS Command Staff. COUNTY MANAGER 1) Authorize the County Attorney to Amend the Quorum and Membership Requirements of the Productivity Committee. AIRPORT AUTHORITY BOARD OF COUNTY COMMISSIONERS 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.: 90- 1504-1T; 92-2389-MI; 92-2696-MI; 90-4388-TM; 90-4389-TM; 00-4229- MMA; 96-559-CFA; 97-1437-CFA and 96-5967-MMA RECOMMEND APPROVAL. 2) Miscellaneous items to file for record with action as directed. OTHER CONSTITUTIONAL OFFICERS 10 May 8, 2001 17. l) Recommendation to approve a Resolution between the Board of County Commissioners and Sprint Telephone Company of Florida. L. COUNTY ATTORNEY 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. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. Petition AVESMT 2001-AR424 to disclaim, renounce and vacate the County's and the Public's Interest in the 15' wide drainage easement located along the lot line common to Lots 5 and 6, according to the plat of "Willow Park" as recorded in Plat Book $1, Pages 73 through 74, Public Records of Collier County, Florida, located in Section 1, Township 49 South, Range 25 East. This item was continued from the April 24, 2001 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. Petition PUD-97-13 (1), Mr. William Hoover and Andrew I. Solis, representing the Centre at Veterans Park, LLC, requesting an amendment to the Veterans Park Center PUD having the effect of removing Tract "A" and reducing the project acreage from 8.76 acres to 6.94 acres for property located on the South side of Immokalee Road (C.R. 846) and approximately 258 feet West of Veterans Community Park Drive in Section 26, Township 48 South, Range 25 East, Collier County, Florida (Companion Item PUD-96-1 (2)). This item was continued from the April 24, 2001 BCC Meetinq. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. Petition PUD-96-1 (2), Mr. William Hoover and Andrew I. Solis, representing the Centre at Veterans Park, LLC, requesting an amendment to the Veterans Park Medical PUD having the effect of changing the PUD name to Veterans Park Commons PUD, increasing the project acreage to 5.02 acres and eliminating the limits on the amount of general office uses for property located on the Southwest corner of Immokalee Road (C.R. 846) and Veterans Community Park Drive in Section 26, Township 48 South, Range 25 East, Collier County, Florida (Companion Item PUD-97-13 (1)). 11 May 8, 2001 One and Four to increase the millage from one and one-half to two mils; providing An Ordinance amending Ordinance No. 87-100, as amended, which created the Lely Golf Estates Beautification Municipal Service Taxing Unit; amending Sections for conflict and severability; providing for inclusion in the Collier County Codes of Laws and Ordinances; providing for an effective date. E. This item has been deleted. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition No. HD-2001-AR-404, Ron Jamro, Collier County Museum Director, requesting the Board of County Commissioners to officially designate Tract "D" of Roberts Ranch as a historically significant site for property located on the South side of Roberts Ranch and within the R. Roberts Estate PUD, in Section 4, Township 47 South, Range 29 East, Collier County, Immokalee, Florida, consisting of approximately 8.8 acres. 18. ADJOURN INQUIRIES CONCERNING CHANGESTOTHEBOARD'SAGENDASHOULDBE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 12 May 8, 2001 May 8, 2001 Item #3A, B &C CONSENT, SUMMARY AND REGULAR AGENDA - APPROVED AND/OR ADOPTED WITH CHANGES CHAIRMAN CARTER: Good morning. Welcome to the first board meeting of May. It's May 8th. It's approximately 9:05. Would you please loin us in the invocation led by the Reverend Paul Jarrett, Naples Church of Christ, followed by the Pledge of Allegiance. REVEREND JARRETT: Our Heavenly Father, we thank you for the many blessings that we receive as citizens of this nation, not the least of which is this opportunity to come before your throne in prayer and to make request of you for the blessings that you bestow so abundantly. We pray that with this liberty that we enjoy in naming your name that we would also recognize that we have a responsibility to be receptive to your guidance and the things that we do, that we might honor the things that you count of most importance, to pray that in our personal lives that we might walk humbly in accordance with your precepts, that in our relationships with one another that we might display kindness and mercy, and in our conduct as a people that we might practice the credo that's expressed in our pledge with liberty for all. And we pray that we might especially practice this commitment in a manner that displays concern for those less fortunate and that is never without bias but always in the best interest of all. We pray that you would bless those who lead in our nation that they might do so in keeping with their calling as public servants, that they might always serve the needs of even the least members of our society. And we pray that in walking in this responsible way that we might then be able to enjoy the freedom that you bestow always and use that freedom wisely. Page 2 May 8, 2001 We ask these blessings in your name. Amen. (The pledge of allegiance was recited in unison.) CHAIRMAN CARTER: Thank you, Reverend Jarrett. Good morning, Commissioners. Good morning, staff. Mr. Olliff. MR. OLLIFF: Good morning, Commissioners. I'll walk you through your change list this morning for your agenda. It's a long change list, but fortunately I think in the most cases its additions are well outnumbered by deletions and continuances, so it's a good change list. The first item is a continuance. 8-D as in David I is being continued to your meeting of May 22nd, and that is the Barefoot Beach Park Preserve. Status update, again, I will just tell that you negotiations and -- and work on that are certainly not slow. They are -- they are continuing in earnest, but we're just not in a position to be able to give you a -- a good update at this point yet, but we do feel that in two weeks that we would be able to be in that position. We've simply provided -- and I'll make a note -- that we've provided some replacement backup for Item 16 -B-l, and it was simply a developer contribution agreement. We're trying to clarify that, and -- and Norman and Dawn had provided some things we think will help clarify the commitments on the part of the developer for that particular agreement. Next item is a deletion. It's 16-B as in boy 9. It's a work order for some underground work associated with Lakewood Boulevard deleting that item at staff's request. The next item is also a deletion. It's 16-C-2. It's a final judgment issue. Again, that's being deleted at staff's request. Your next item, although it says move, we're going to continue Item 16-C-12 to your meeting of May 22nd. That's an item regarding updates to the well field protection zone maps Page 3 May 8, 2001 that relate to your groundwater protection ordinance. We've got one deletion that doesn't show on your change list, but 16-F as in Frank 1, staff is also requesting that that item as well as 16-F-2 be deleted. The first one is a communications tower item. The second one is an EMS command staff pay executive summary. We're deleting both of those items. The next two items are additions, and these are the last items on your change list, Mr. Chairman. The first item is 16-F as in Frank 3. And the backup for that is in your change list material, and it is simply a -- a grant request here for -- to develop a tourism response annex as part of the comprehensive emergency management plan, and you previously approved that. This is simply the -- the grant application. 16-L-1 is an addition as well, and that's at staff's request, and it is a mediated settlement agreement, and that will be under I believe the county attorney's portion of your consent agenda. Mr. Chairman, that's all the changes I have this morning. CHAIRMAN CARTER: Thank you, Mr. Olliff. Mr. Weigel. MR. WEIGEL: No, I can't add to that fine list. Thank you. CHAIRMAN CARTER: Thank you. Commissioner Mac'Kie? COMMISSIONER MAC'KIE: No, sir. Thank you. CHAIRMAN CARTER: Commissioner Henning. COMMISSIONER HENNING: No changes. CHAIRMAN CARTER: Commissioner Fiala. COMMISSIONER FIALA: No changes. CHAIRMAN CARTER: Commissioner Coletta. COMMISSIONER COLETTA-' No changes, but I did want to make a note on 16-A-7, the boater's guide. It sounds like it's a publication that will be of great value. I'm a little concerned about the distribution, and I hope that when time does comes Page 4 May 8, 2001 that staff weighs the distribution so that we just don't automatically send out 6,000 here, 6,000 there, do it in such a way that they end up in the hands of the people over a period of time so that they're fully utilized. CHAIRMAN CARTER: Thank you, Commissioner. I would move then -- do we have any public comment on the consent or summary agendas? MR. OLLIFF: No, sir. CHAIRMAN CARTER: I would move for approval of the consent and summary agenda. COMMISSIONER COLETTA: So moved. CHAIRMAN CARTER: We have a second by Commissioner Coletta. All in favor signify by saying aye. (Unanimous response.) CHAIRMAN CARTER: Opposed by the same sign. Page 5 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING May 8, 2001 CONTINUE TO MAY 22 MEETING: acquisition options for property Preserve. (Staff request.) Item 8(D) 1: Status report regarding located in the Barefoot Beach Park REPLACEMENT BACKUP: Item 16(B)1: Approve a Developer Contribution Agreement with RE VI, LLC, an Indiana limited liability company, ("Developer") for the improvements of Tarpon Bay Boulevard and 20th Avenue NW.) DELETE: Item 16(B)9: Approve Work Order No. WD-017 with Florida State Underground, Inc., for the repair of dual 48" culverts under Lakewood Boulevard near the intersection of Boca Ciega Drive, Project No. 60055. (Staff request.) DELETE: Item 16(C)2: Approve the stipulated final judgment relative to the condemnation of parcel Nos. 910 and 911 in the lawsuit styled Collier County v. William Kinsley, et al., Case No. 96-1315-CA. (Staff request.) MOVE: Item 16(C)12: to 8(C)3: Authorize the Chairman to sign the agreement to update the maps of the well field protection zones of the County's Ground Water Protection Ordinance. (Commissioner Coletta request.) DELETE: Item 16(F)2: Approve proposed pay adjustments for EMS Command Staff. (Staff request.) ADD: Item 16(F)3: Approval of the selection of Emergency Response Planning and Management, Inc., to develop a terrorism response annex to the Comprehensive Emergency Management Plan. (Staff request.) ADD: Item 16(L)1: Approve the Mediated Settlement Agreement and Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement relative to the acquisition on Parcel 145 in the lawsuit entitled Collier County v. Owen M. Ward, Trustee, et al., Case No. 99-1291-CA, Project No. 65031 (Radio Road, Santa Barbara Boulevard to Davis Boulevard. (Staff request.) May 8, 2001 Item #4A, B,C &D MINUTES OF APRIL 10, 2001 REGULAR MEETING, APRIL 11, 2001 JOINT WORKSHOP, APRIL 12, 2001 BCC/DEVELOPMENT REVIEW WORKSHOP AND APRIL 17, 2001 BCC/NATURAL RESOURCES WORKSHOP - APPROVED AS PRESENTED Need approval of minutes from April 10, 11, 12, and 17. COMMISSIONER HENNING: So move. CHAIRMAN CARTER: So moved by Commissioner Henning. All in favor signify by saying aye. (Unanimous response.} Motion carries. Thank you. Item #5A4 PROCLAMATION PROCLAIMING MAY, 2001 AS WORTHY WAGE MONTH IN COLLIER COUNTY - ADOPTED Moves us to 5-A, proclamations. First one I have this morning is for the Naples Alliance for Children. If the representatives are here this morning -- I'm sure they are. Jayme Baleeiro, are you here this morning? Yes, they're coming -- coming up. Yes, everyone who is part of this, please come forward. We want to put you on -- don't be bashful. Come right up here, all of you. COMMISSIONER MAC'KIE: I think that's our rotary group, isn't it? Yeah, that's our rotary group. CHAIRMAN CARTER: I'm -- I'm sorry. I need Miss Patti Young and Mrs. Myra Shapiro. Okay. Thank you. I apologize. We moved this forward because this group is getting ready to go out and visit all of the daycare centers that exist, and they're doing -- they just said can we do this first, we love the award, Page 6 May 8, 2001 and we need to get on our bus and go get our job done. So come up, turn around, face TV land and let them know what wonderful people you are and all the great things that you're doing in Collier County. All right. Now, if Myra was here, you-all would be organized and up here just like that. Okay. Whereas, the Naples Alliance for Children and other organization -- and -- and in other organize any -- organizations nationwide are recognizing May 2001 as Worthy Wage Month; and, whereas, of the 21 million children under age 6 in Ameria -- in America 13 million are childcare at least part time. An additional 24 million school-aged children are in some form of childcare outside of school time; and, whereas, of the 16,000 children under 6 in Collier County, 5,603 are in childcare at least part time. An additional 3,095 school-age children are in some form of childcare outside of school time; and whereas, by calling attention to the importance of high-quality childcare service for all children and families within Collier County, Florida, Naples Alliance for Children hopes to improve the quality and availability of such services; and, whereas, our future depends on the quality of early childhood experiences provided to young children today, high quality childcare services represent a worthy commitment to our children's futures; and whereas, quality child -- early childcare depends on skilled and nurturing teachers, a worthy wage is required. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that May 2001 be designated as Worthy Wage Month in Collier County and urges all citizens to recognize the need for a worthy wage for early childhood teachers and staff. Done and addressed this 8th of May, 2001, Board of County Commissioners, Collier County, Florida, James D. Carter, chairman. I move for approval of this proclamation. Page 7 May 8, 2001 COMMISSIONER HENNING: I'll second that. CHAIRMAN CARTER: We have -- we have four seconds on that. Second -- second by Commissioner Fiala. All in favor signify by saying aye. (Unanimous response.) CHAIRMAN CARTER: Opposed by the same sign. Motion carries. Congratulations, and thank you for your wonderful work in the community. (Applause.) CHAIRMAN CARTER: Thank you. Would one of you like to step to the microphone and say anything this morning? Patti. MS. YOUNG: On behalf of the Naples Alliance for Children and the Collier County School Readiness Coalition and Childcare Southwest Florida and Redlands Christian Migrant Association, we want to thank you very much for proclaiming May Worthy Wage Month and let -- letting you all realize the great value that childcare teachers you'll give to our community and how there is a great crisis in keeping these teachers and getting them hired. And we thank you very much. (Applause.) CHAIRMAN CARTER: And for the record we need your name. MS. YOUNG: Oh. Patti Young. CHAIRMAN CARTER: Okay. Ladies and gentlemen, children are 25 percent of our population, but they are 100 percent of our future. And I am just so pleased at what the Children's Alliance is doing in Collier County and particularly this group as they address the childcare needs in the formative years, and we are truly blessed to have this organization working so effectively in this community, so all of us thank you from the Board of County Commissioners, and also I am proud to say that I was there to be part of the award where Collier County one more time received the award for -- as an employee-friendly workplace to assist Page 8 May 8, 2001 employees in all our endeavors so that they can carry out their family responsibilities. So I am proud of our staff and what we're doing, and this Board of County Commissioners certainly acknowledges the wonderful job that's taking place. So thank you-all very much. Item #5A2 PROCLAMATION PROCLAIMING MAY 6-12, 2001 AS BE KIND TO ANIMALS WEEK - ADOPTED The next proclamation is going to be done by Donna Fiala, and it's Being Kind to Animals Week. COMMISSIONER FIALA: Whoever it is is -- is representing -- ahh, there's Jodi and her gang. Thank you. Is the little guy going to be accepting the proclamation? You know, Jim, I'm a perfect one to do this today because I kind of sound like a frog. CHAIRMAN CARTER: That's okay. COMMISSIONER FIALA: Whereas, we have been endowed not only with the blessings and benefits of our animal friends who give us companionship and great pleasure in our daily lives but also with a firm responsibility to protect these fellow creatures with whom we share the earth from need, pain, fear, and suffering; and, whereas, we recognize that instilling attitudes of kindness, consideration, and respect for all living things through humane education in the schools and the community helps to provide the basic values on which a humane and civilized society is built; and, whereas, the people in this community are deeply indebted to the Humane Society of Collier County and Collier County Domestic Animal Services Department for their invaluable contribution in caring for lost and unwanted animals and promoting a true working spirit of kindness and Page 9 May 8, 2001 consideration for animals in the minds and hearts of all people; and, whereas~ the first full week of May has been set as the annual celebration of the national week observing the philosophy of kindness to animals for the 86th year. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of May 6th through the 12th, 2001, be designated as Be Kind to Animals Week and do heartily commend to all of our citizens a full participation in all the events related thereto in this community. Done and ordered this 8th day of May, 2001. COMMISSIONER HENNING: Motion to approve. COMMISSION COLETTA-' Second. CHAIRMAN CARTER: I have a motion to approve by Commissioner Henning, a second by Commissioner Coletta. All in favor signify by saying aye. (Unanimous response.) CHAIRMAN CARTER: Motion carries. (Applause.) CHAIRMAN CARTER: And I would assume these -- the kitten and the puppy are available? MR. TILLEY: Yes. Yes, they are. CHAIRMAN CARTER: Val, you're not going to last long if everybody sees that face out there -- no, Jane, I'm not bringing him home. He is so cute. You are so cute. Jodi, thank you. If you want to say a few words, please do so. MS. WALTERS: Good morning. My name is Jodi Walters, and I am the director for Collier County Domestic Animal Services. I'd like to thank the commissioners for recognizing Be Kind to Animals Week, and I'd also like to introduce to you at this time a couple of very special people that I have here with me today. This is Terry Tilley; he's the director for our Collier County Humane Society; Bryce McCarthy (phonetic), and he is our Page 10 May 8, 2001 customer service rep with my department; and also our new contract veterinarian at this time, Dr. Hamilton. I would like to invite everyone -- (Applause.) MS. WALTERS: I would also like to take this time to invite everyone to our pet show which is in honor of Be Kind to Animals Week and takes place this Saturday at 10 a.m. At Rover Run, our dog park at Veterans. (Applause.) MS. WALTERS: All personalized invitations here. Item #5A1 PROCLAMATION PROCLAIMING MAY 6-12, 2001 AS ROTARY INTERNATIONAL GROUP STUDY EXCHANGE WEEK - ADOPTED CHAIRMAN CARTER: I'm going to try to get back in order on these proclamations. I will move to the -- the Rotary International group to be presented by Commissioner Coletta, and we have here this morning the -- the team leader from Rotary District 4550, GSA Team. And, Commissioner Coletta, as they come forward to receive this proclamation, you can -- we'll get them up here right in front of TV land, if you-all would come forward this morning and just turn around and face the cameras. COMMISSIONER COLETTA: And like you, Commissioner Carter, I'd like to extend a welcome to our fellow Rotarians, and if I may go ahead here. CHAIRMAN CARTER: Yes. COMMISSIONER COLETTA: Whereas, we welcome the Rotary International group study exchange team from Rotary International District 4550 Brazil to Collier County, Florida; and, whereas, the Rotary Foundation of Rotary International group study exchange program has sent to us a team of five team Page 11 May 8, 2001 members, including the Rotarian team member who are visiting Collier County to study our institutions and way of life; and, whereas, the team members will also observe the practice of their own profession and exchange ideas; and, whereas, the team is able to personally experience family life-styles as they are hosted by rotary clubs of Collier County and given accommodations in local homes; and, whereas, the Rotary foundation is a nonprofit corporation supported by Rotarians and others worldwide. Its objective is the achievement of world understanding and peace through the International Humanitarian Educational Program. Now, therefore, be it proclaimed by the Board of Collier County Commissioners of Collier County, Florida, that this week of May 6th to 12th, 2001, be designated as Rotary International Group Study Exchange Week. I so make a move. CHAIRMAN CARTER: I second that. All in favor signature by saying aye. (Unanimous response.) Opposed by the same sign. Motion CHAIRMAN CARTER: carries. Congratulations. (Applause.) CHAIRMAN CARTER: Ahh, thank you, sir. Thank you for being here. Okay. Fine. COMMISSIONER FIALA: Congratulations. CHAIRMAN CARTER: Thank you for being here. Yes, please, Fred and your team will have a few words to say here. MR. REISCHL.' Good morning. Fred Reischl, Naples Bay Rotary. I would like to thank you for your support of Rotary's group study exchange. Many county employees have participated in this program. In 1998 I was fortunate enough to go to Japan, and last year Susan Murray went to France. A group of young professionals from Southwest Florida, none Page 12 May 8, 2001 of which this year happen to be county employees, but from Southwest Florida, went to Bahia, Brazil. They have just returned, and now the team from Brazil is visiting us here in Collier County. And to introduce the team, here's team leader, Jayme. MR. BALEEIRO: Good morning, Noble Commissioners. My name is Jayme Baleeiro. I am the only Rotarian in the group. The other young gentlemen that are with me are young professionals from our community that Rotary picks as the promising young professional that need to -- to know American culture and also to improve their English, and this way the Rotary foundation is providing us an excellent time to be here, and I would just say their names and their professions. The first is Antonio Claudio. He's a judge and also a law professor at Bahia, even though he is only 30. Second is Luciano Moraes. He is a state auditor for taxation. The third is Sergio Cincura. He is a civil engineer, and he works today for the most important resort project we have in our coun -- in our city, in our state. And last is Vladimir Ormelas. He works for a big petrochemical complex. There he is in charge of quality control and environment control. Also, we would like to -- to further to you, give to you, a book about a parade we had in the year -- last year, year 200 (sic), when we celebrated the four -- five hundred years of Brazilian discovery. I am very pleased to give you this book and also a small card showing our pictures and the Rotary clubs that sponsor those fine four fellows that I am for this moment in charge to be their leader. Thank you very much. (Applause.) CHAIRMAN CARTER: Okay. Thank you. Thank you very much. We'll put this right in our library so that everyone will have the benefit of -- of sharing this. Thank you so much for being here, and as a Rotarian I value you a great deal being in our Page13 May 8, 2001 country and learning about us as we have had the opportunity to visit with others. Thank you. MR. BALEEIRO: We're very honored. (Applause.) Item #5A3 PROCLAMATION PROCLAIMING MAY 19-25, 2001 AS NATIONAL SAFE BOATING WEEK - ADOPTED CHAIRMAN CARTER: Our next proclamation this morning will be by Commissioner Henning on National Sole -- Safe Boating Week. COMMISSIONER HENNING: Commissioner Lane, please stand port side, please. MS. LANE: Your port or mine? CHAIRMAN CARTER: Now we're going to get technical. COMMISSIONER HENNING: It all depends on what kind of port we're talking about. Okay. Here we go. Please face the audience. Whereas, each year Americans are choosing recreational boating as an ideal way to relax with their family and friends; however, what starts out to be a pleasant cruise often ends in travety -- tragedy because boaters fail to teach their families to swim, fail to properly equip their craft with personal flotation devices and other protective equipment or fail to instruct their passengers in the use of such devices prior to the boating cruise; and, whereas, every year hundreds of lives are lost in boating accidents. These fatalities can be reduced and boating made more pleasurable if those who engage in it will be -- will emphasize knowledge, care, and the courtesy necessary for boat -- boating safety; and, whereas, the Congress of the United States have recognized the needs of such emphasis has joined in Page 14 May 8, 2001 the resolution of 4 June, 1958, requesting the president to an annual -- proclaim one week of National Boat Safety Week. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of May 19th through the 25th, 2001, be designated as National Safe Boating Week. Mr. Chairman, I make a motion that we approve this proclamation. COMMISSIONER FIALA: Second. CHAIRMAN CARTER: We have a pair of seconds. Second by Commissioner Fiala. All in favor signify by saying aye. (Unanimous response.) (Applause.) CHAIRMAN CARTER: Opposed by the same sign? Motion carries. Thank you so much. COMMISSIONER FIALA: Oh, that's cute. Boat smart from the start. Thank you. CHAIRMAN CARTER: We now move to -- COMMISSIONER MAC'KIE: Uh -- MS. LANE: I'm Commander Jan Lane. CHAIRMAN CARTER: I'm sorry. Excuse me. Please go ahead. MS. LANE: Thank you, sir. I'm Commander Jan Lane from Naples Power Squadron. I want to thank the commissioners, first of all, for their proclamation and just to let everyone know that we will, in support of Safe Boating Week -- we are going to have people handing out information and doing vessel safety checks at a number of marinas and boat launch ramps in the Collier County area from Bayview Park all the way up to Wiggins Pass. Boat smart from the start; wear your life jacket. (Applause.) CHAIRMAN CARTER: Thank you so much. What a -- what a Page 15 May 8, 2001 great group, and how important it is to our community to practice this. I think a lot of times people in the water don't recognize you've got to be as safe out there as you do on the highway. And my experience on the water, more I'm sure by Commissioner Henning, is some folks you get out there do some very strange things. Item #5A5 PROCLAMATION PROCLAIMING MAY 13-16, 2001 AS LAW ENFORCEMENT APPRECIATION WEEK - ADOPTED Okay. Whispering Smith, are you ready? COMMISSIONER MAC'KIE: I am. CHAIRMAN CARTER: Commissioner Mac'Kie will read the Law Enforcement Appreciation Week to be accepted by Undersheriff Burhans. How are you, sir ? MR. BURHANS: I'm terrific. How are you? CHAIRMAN CARTER: Very good. Do you want to turn around and face the cameras, let everybody see this smiling face? Here he is. COMMISSIONER MAC'KIE: We appreciate you being here today. And it's my honor to read this proclamation because, as you know, Undersheriff, it's heartfelt. Whereas, the problems of crime touch all segments of our society and can undermine and erode the moral and economic strengths of our communities; and, whereas, we are fortunate that law enforcement officers from all area agencies dedicate themselves to preserving law and order and the public safety; and, whereas, we recognize that the men and women in law enforcement risk their lives on a daily basis to protect our citizens and maintain social order; and, whereas, we encourage all citizens to pause and to recognize our law enforcement Page16 May 8, 2001 officers so that we may not take their work for granted. Now, therefore, be it resolved that we, the Board of County Commissioners of Collier County, Florida, hereby take great pleasure in honoring all law enforcement officers for their outstanding services. Now, therefore, be it further resolved that we hereby proclaim that the -- that the week of May 13th through 16, 2001, be designated as Law Enforcement Appreciation Week. Done and ordered this 8th day of May, 2001, Board of County Commissioners. I'm honored to move approval of this proclamation. COMMISSIONER HENNING: I'll second that. CHAIRMAN CARTER: Second by Commissioner Henning. All in favor signify by saying aye. (Unanimous response.) CHAIRMAN CARTER: Opposed by the same sign? Motion carries. (Applause.) MR. BURHANS: Bob Burhans, undersheriff. On behalf of Sheriff Don Hunter and all the members of the Collier County Sheriff's Office, we thank the commission and staff for this recognition. We pledge continued high-quality law enforcement for the future, and we will endeavor to meet the high expectations of the community in the future as well. Once again, thank you-all very much. Appreciate it. CHAIRMAN CARTER: Thank you, sir. (Applause.) Item #5A6 PROCLAMATION PROCLAIMING MAY 6-12, 2001 AS COLLIER COUNTY TOURISM WEEK - ADOPTED Page17 May 8, 2001 CHAIRMAN CARTER: Our final proclamation this morning will be for Collier County Tourism Week. Is -- yes, she's here. Miss Kathy Prutos, come forward. Let me read this proclamation. Whereas, the travel and tourism -- you've got to turn around and face TV land. Yes, wow. Okay. There she is. Whereas, the travel and tourism industry supports the vital interests of Collier County contributing to our employment, economic prosperity, peace, understanding, and goodwill; and, whereas, travel and tourism ranks as one of Collier County's largest industries in terms of revenues generated; and, whereas, travel and tourism provides employment for people -- for more people than any other industry; and, whereas, given these laudable contributions to the economic, social and cultural well being of the citizens of Collier County, it is fitting that we recognize the importance of travel and tourism. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of May 6th through 12th, 2001, be designated as Collier County Tourism Week. Done and ordered this 8th day of May, 2001, Board of County Commissioners, Collier County, Florida, James D. Carter, chairman. I hereby move for approval. COMMISSIONER FIALA: Second. COMMISSIONER COLETTA.' Second. CHAIRMAN CARTER: I have a triple pair of seconds here, to Commissioner Coletta. All in favor signify by saying aye. (Unanimous response.) (Applause.) MS. PRUTOS: Kathleen Prutos, president of the Tourism Alliance of Collier County. Good morning, Commissioners. I'd like to thank you for proclaiming this week Collier County Page 18 May 8, 2001 Tourism Week. As you-all know, the direct and indirect in -- economic impact of tourism in Collier County indicates that tourism is one of the -- Collier County's largest businesses. More than 32,000 of our citizens are directly involved in travel and tourism, and we'd like to thank you for recognizing this impact, and we are honored by the opportunity to showcase Collier County, both domestically and internationally. And, again, I'd like to say thank you. I'd also like to extend an invitation not only to our commissioners but to the general public that we will be celebrating Collier County tourism with a premiere at the Sugden Theater on Wednesday, May 30th from 8:30 till 11:00 in the morning. It is open to the public. We ask that people come and loin us, take a look-see at what we're doing to promote Collier County. We'll be debuting our new web site, wwwclassicflorida.com showing a short promotional film and also have our press kit available. That's Wednesday, May 30th at the Sugden Theater in downtown Naples. Thank you very much. CHAIRMAN CARTER: Okay. Thank you. (Applause.) Item #5B EMPLOYEE SERVICE AWARDS - PRESENTED CHAIRMAN CARTER: All right. Moving to service awards, Mr. Olliff, do we have our table all set up and Commissioner Mac'Kie? MR. OLLIFF: Mr. Chairman, as the board's working their way down to the floor, I'd take the opportunity to go ahead and call our five-year award recipient this morning, be Robert Rudker with parks and recreation department. (Applause.) MR. OLLIFF: Robert is obviously out working hard this Page 19 May 8, 2001 morning. We have four ten-year attendees this morning: Kenneth Thatcher from wastewater, Thomas Stiers from wastewater collections, Arthur Tucker from pollution control, and Irving Berzon -- this must be a typo -- for a ten-year attendee, but Irving Berzon with his ten-year award as well. (Applause.) MR. OLLIFF: How many years has it really been, Irving? MR. BERZON: Twenty-six. MR. OLLIFF: Twenty-six. Irving has actually worked for the county for 26 years. He took a little break in between. (Applause.) Your 15-year attendee this morning, Mr. Chairman, is Richard D'Orazio from EMS. (Applause.) Mr. Chairman, this morning we have two 20-year attendees. We have Martha Ginter from EMS. We've also got Marquita King with your transportation division. (Applause.) CHAIRMAN CARTER: You don't look old enough to be here 20 years. MS. GINTER: God bless you. CHAIRMAN CARTER: They both look like youngsters to me. I don't know. Marquita, thank you so much. They don't want to come up here. MR. OLLIFF: Mr. Chairman, it's a great deal of pleasure this morning. This is a rarity. We actually have a 25-year award presentation this morning, Ms. Linda Denning who you know with the 4-H program, the university extension services, is here to accept that award for 25 years of service. (Applause.) COMMISSIONER FIALA: I thought you had been around a Page 20 May 8, 2001 long time, Linda. MR. OLLIFF: That's all your service awards, Mr. CHAIRMAN CARTER: Okay. Thank you. Item #7A Chairman. PASTOR KEN CHICKK OF TREE OF LIFE CHURCH, REQUESTING AN EXTENSION OF THE HOURS AT SUGDEN PARK TO 10:00 P.M. - STAFF TO ASSIST WITH THE MENTORING PROGRAM BY WAIVING THE FEE FOR EXTENSION OF THE HOURS AT SUGDEN PARK MR. OLLIFF: As the board's making their way back up to the dais, the next item on the agenda would be public petitions section of the agenda, and I would ask if -- Ken Chickk if he could go ahead and make his way toward the podium. CHAIRMAN CARTER: All right. Thank you very much, and congratulations to all our service award winners. It's always our pleasure to be able to do that. We now move to public petitions. That's 7-A, Pastor Ken Chickk of the Tree of Life Church. Good morning. PASTOR CHICKK: Good morning. Thank you so much for giving me the opportunity to come before you and petition to have the hours of Sugden Park extended to 10 p.m. For the purpose of establishing a Christian youth mentoring program. This program will fa -- will focus on instilling values such as honesty, integrity, character, and faith into the teenagers of our community. I don't doubt for a moment that every resident of Collier County, along with the county commissioners, are extremely concerned about the welfare of our teens in this community. I don't want to sound like an alarmist or a sensationalist, but at the same time I don't want us to put our heads in the sand and pretend we don't have problems just Page 21 May 8, 2001 because we live in such an affluent area. The facts are evident: We do have serious problems in our nation, and if we don't make changes, we will all pay for the decisions not made. Our fathers would -- if our fathers would have seen a direction our nation was going just a few short years ago, I'm certain they would have done everything in their power to head off what they would call the imminent destruction of our great land. Let me give you an example of what I'm talking about. If the parents of the Collier County Commissioners had fallen asleep in 1960 and awaken today, author David G. Myers gives us a clear picture of what they would have awakened to: The divorce rate doubled; teen suicide rate tripled; the rate of reported violent crime -- crimes quadrupled; the prison population growth multiplied five times; babies born to unmarried parents also multiplied five times. Between 1990 and 1997 the percentage of births out of wedlock increased by 16 percent. Between 1960 and 1997 the increase was 511 percent. If your parents went to sleep in 1960 and woke up today, they would awake to a nation that has the highest percentage of single-parent families in the industrialized world, the highest abortion rate in the industrialized world, the highest rate of sexually transmitted diseases in the industrialized world, the highest teenage birth rate in the industrialized world, and the highest rate of teenage drug use in the industrialized world. The number one killer of teenagers in our country, drug and alcohol- related deaths; the number two killer, suicide. Ladies and gentlemen, I'm convinced that if your parents woke up today, they would cry out for us to do whatever we could to make necessary changes in our system so we could reach this generation. Officials at the federal levels are already taking steps to remedy some of the problems caused by our Page 22 May 8, 2001 society. In January President Bush signed an executive order on faith-based initiatives recognizing that faith-based organizations have played a significant role in stabilizing the very fabric of our society. Since the 1960s our federal government has not really been open to the possibility of co-laboring with such organizations. But recently there's been a change of heart. Our president in his executive order emphasized this by saying -- and I quote -- the responsibilities of the executive department of centers for faith- based and community initiatives shall, to the extent permitted by law, conduct in coordination with the White House a department- wide audit to identify all existing barriers to the participation of faith-based and other community organizations in the delivery of social services by the department, including, but not limited to, the regu -- to regulations, rules, orders, procurement and other internal policies and practice and outreach activities that either discriminate against or otherwise discourage or disadvantage the participation of faith-based and other community organizations in the federal programs. If the president of this great nation recognizes the vital importance of these organizations and is committed to removing any obstacles that would hinder them from helping our society, should we not do the same on a local level? I'd like to tell you about an encounter I had just last week, and I have these encounters on a regular basis. My wife needed to use the car, so I had to -- so I had her drop me off at the Peaches shop around the corner from our church offices so I could get a bite to eat for lunch. I sat at the restaurant's counter for -- for my meal hoping to read a few paragraphs of the book I had brought with me. I couldn't help but eavesdrop on the conversation between the boy who was sitting next to me at the counter and the store owner. The boy was obviously being hired Page 23 May 8, 2001 as they talked, and I said to myself that this kid seemed very sharp. Soon I was brought into the conversation and found that we had a similar interest, which was boxing. It was basically small talk. I finished my meal, paid my bill, said good-bye and left. As I was walking across the parking lot towards our offices, I looked back to see the boy coming up behind me. He was going in the same direction as I was and asked if he could walk with me. As I headed down the road, I asked him what his name was and where lived. Now, I've changed his name for the sake of this reading. "Mark," he said, "and I live by the Office Max off the East Trail". When I asked -- when I asked him where he went to school, I wasn't expecting what I was about to hear. He said -- and I quote -- his mother was one of the biggest, quote, coke heads in town and he had to quit school in the process. He said he had gone to Lely, and -- and from what I understand he doesn't know where his father is. He said he went to Lely, and his teachers really loved him, and one of his teachers whom I know personally said that Mark was one of his favorite students. I went -- he went on to tell me that his mom often comes home late at night on cocaine and just recently had kicked him out of the house at two in the morning. Naples police found him walking on 41 down around the mall about 3 a.m. And brought him home. He asked me if I ever heard ever of the study done by -- done on how men think a sexual thought every 16 seconds. I told him I had. He told me that he thinks of sui -- suicide more than that, and the only reason he doesn't do it is because he has a nine- year-old daught -- nine-year-old sister that would be devastated by it. Our mentoring program would reach out to the Marks of this community. And as we reach out to them, they will reach out to Page 24 May 8, 2001 their nine-year-old sisters. I once heard that if you want to be successful in this country, what you need to do is follow a trend, then lump ahead of it. I believe we have enough evidence to show what way the trend is going. What we -- what we have to do is we have to ask ourselves, do we have what it takes to jump out in front of it. I believe we do. The teenagers of this community and the adult residents would appreciate and benefit from a favorable response to this petition, and I would be honored to have the chance to help mentor these kids. Thank you very much. COMMISSIONER MAC'KIE: Mr. Chairman, what I think that is being asked for is the ability to use Sugden Park -- as everybody already knows, we've gotten some phone calls on this -- to use Sugden Park once a week after the Gulf Coast Skimmers have completed their show as a site for this mentoring program that Pastor Chickk is talking about. And I would very strongly endorse it. I know him personally, know his work, and can tell you that we would be proud to be associated with him and with this work, and I would like to give staff direction to move forward on this. I understand that the -- the mechanism, perhaps, for allowing this to happen would be to consider it a weekly special event that would require an $80 fee to be paid weekly. I agree with the mechanisms but would ask that we would waive the fee in conjunction with this since there are other ways that we could allow this to happen that would not involve a fee. But the staff has indicated they like the special event mechanism best, but I would like for us to do it without the fee and would see if there's support on that from a majority of the board and urge staff to go forward. COMMISSIONER HENNING.' I would like to hear from our staff on their recommendations, and I'm more than willing to help Page 25 May 8, 2001 raise money for the fees for the -- for the service incurred. CHAIRMAN CARTER: Miss Ramsey. MS. RAMSEY: Good morning. For the record, Maria Ramsey, director of parks and recreation. In our current fee policy we have a $30-an-hour rental fee for the amphitheater area that the organization is asking to utilize. In the summer we close -- all year long we close 30 minutes after sunset at Sugden Park per our park management plan and also a contract that we have at that location. The park in the summertime closes about 9 p.m. On -- on a regular basis, so there would be an extra $20-an-hour after-hours usage, so that's what brings the total cost to $80 for 2-hour usage of the amphitheater area. COMMISSIONER MAC'KIE: And I'd be happy -- how about if the fee that -- I mean, if the board supports this effort, that the fee be set at whatever Commissioner Coletta -- I'm sorry -- Commissioner Henning successfully raises? COMMISSIONER HENNING: I -- I said that I was willing to help out on the fund-raising efforts for the fee of $80 per event. COMMISSIONER MAC'KIE: Well, there you go. So that would be-- COMMISSIONER FIALA: You know, I'd be -- I'd be willing to waive the fee if we can monitor to see how successful the program is. If we -- if we find that the group is growing every week and -- and -- and, indeed, you are increasing that group and -- and there's a true outreach program there, I think it would be well worth it because there are a lot of teens and young people in trouble that could be guided by this. But I think we should monitor it. COMMISSIONER MAC'KIE: You know, and it really does fit right in with President Bush's outreach to faith-based organizations to provide the services that are beneficial to the Page 26 May 8, 2001 community. And I just think it would be against that goal to charge the fee. So I -- COMMISSIONER FIALA: I'd rather see them there than in that new teen detention center they're building. CHAIRMAN CARTER: If it's the pleasure of the board, I think we're going to give staff direction to work with Reverend Chickk to work out whatever is necessary. I absolutely believe we need to do the program. I mean, if you listen to what he said this morning, what's the question? It has to be done. It needs to be done. Let's find a way to do it. I don't want to -- the day that ordinances and mechanisms get in the way of reaching goals troubles me a great deal, and I want to stay with policies and follow that. But there must be a way through private efforts, as Commissioner Henning is suggesting, in all of our efforts to make this a reality for this program. So I don't want to see this program not happen because we're worried about a few dollars that in the end what do you want to pay for it. As you said, Commissioner Fiala, the detention center I tell you, that's a lot more expensive than --. COMMISSIONER COLETTA: I have no problem with directing staff to do that. But your comments are well taken. I'm just hoping we can apply that same direction when we're working with private social service agencies out there when it comes to impact fees and the good that they do in the community and that we might be able to find it in our hearts to be able to go all the way for them too. COMMISSIONER MAC'KIE: The reason I would just add that I hope if one other commissioner would speak up in support for waiving the fee then we'd have a majority and staff would have direction. And the other alternative is we could just direct to keep staff to keep the park open an extra hour once a week and then there would not be a cost associated with this. But for our Page 27 May 8, 2001 own internal processess, it's better to do it the way that Maria has suggested. But because we have another way we could do the same thing and -- and we're -- we're suggesting it be done with this special event for our own convenience, I hope a majority of the board would agree. CHAIRMAN CARTER: Commissioner Mac'Kie, I understand that. I -- I will move to waive fees. I mean, I will support that, if that's an easier mechanism. It just doesn't disrupt the total park program and ordinances that you have in place. That's probably the simplest way to do it, and we can take it case by case. I'm not trying to open Pandora's box here, but there's no question in my mind what you're going to do and how you're going to do it. COMMISSIONER MAC'KIE: And do we have a time line on that? CHAIRMAN CARTER: Commissioner Fiala, before I answer that, let me go to our county manager, Mr. Olliff. MR. OLLIFF: Two things. One, if you're going to waive the fees, I would probably ask that you take a vote because that probably needs to be a formal action of the board to do that. But then I'm going to reserve the right to come back with a little budget amendment because we're probably going to have staff in that park in that facility while that's going on just to make sure from your own liability protection standpoint that we're covered. And usually that's going to be a little overtime cost for us. But as long as the board is supportive of the program, we can bring all that paperwork back, but I'd probably like to get that in the form of a motion. COMMISSIONER MAC'KIE: I think Commissioner Carter already made that motion, so I'll second it. CHAIRMAN CARTER: If I didn't make it, I'll make it. I move that we waive the fees. COMMISSIONER HENNING: Discussion? Page 28 May 8, 2001 COMMISSIONER FIALA: May I just add that could we have a time -- time line so we have a -- a check and balance in place? Would that be all right, say, for-- CHAIRMAN CARTER: Do you want to make a motion to have a report -- evaluative report in one year as to the status of the program? COMMISSIONER FIALA: Very well -- thank you. CHAIRMAN CARTER: Is that -- COMMISSIONER MAC'KIE: Agree. Second agrees. CHAIRMAN CARTER: Are we all right with that? Commissioner Henning? COMMISSIONER HENNING: I commend Pastor for -- for his efforts to reaching out to the children in -- in Collier County. And I agree on the program. But I must say to the board members and the taxpayers, we're -- we have a lot of needs in this county and especially the capital needs, what we need to do, what we're responsible for. I -- I would donate to this -- the efforts of the Pastor to keep it in the private sector and let the -- PASTOR CHICKK: You'll be the first one called. COMMISSIONER HENNING: Obviously I'm going to do it through my taxes. That's the way it sounds like, but I think that we can reach out to the community to make this happen and let the government provide the vehicle, being the park, to do it. PASTOR CHICKK: I have to agree with what Donna Fiala said is you're going to do it through your taxes either way. You already are. I visit the kids out at the DRILL Academy. I visit the kids at Big Cypress. You're going to pay for it out of your taxes either way. COMMISSIONER HENNING: Those programs will continue. PASTOR CHICKK: We want to help you reduce your taxes -- CHAIRMAN CARTER: Okay. We have a motion, and I appreciate everybody's point of view, and I commend Page 29 May 8, 2001 Commissioner Henning for trying to raise the money privately, and I would suggest that anything -- and he could be -- could raise that could offset those fees, even -- even if we're waiving them, that it does help. COMMISSIONER MAC'KIE: There are other expenses associated -- CHAIRMAN CARTER: There are other expenses associated with the program, so I think all of it would be beneficial. Any further discussion? If not, I call the motion. All in favor signify by saying aye. (Several responses.) CHAIRMAN CARTER: Opposed by the same sign. COMMISSIONER HENNING: Aye. CHAIRMAN CARTER: Motion carries 4-1. Item #10C CHARACTER FIRST PRESENTATION - CHARACTER FIRST PLAN TO BE CREATED AND STAFF DIRECTED TO INVESTIGATE HOW THIS PROGRAM CAN BE INTEGRATED INTO EMPLOYEE TRAINING We have a time certain at ten o'clock for the presentation to be made to us this morning -- and it's just about to that point -- is Character First people. Are they here? Are they ready? Yes, they are. They're here, and they're ready. So let's move to that. That item, if you're following us out there, is under 10-C Board of County Commissioners. Good morning. MR. PETERSON: Good morning. Let me just make sure that we're ready here. Very good. CHAIRMAN CARTER: I called you a little earlier. I didn't give you a chance to get set up. MR. PETERSON: That's all right. Page 30 May 8, 2001 CHAIRMAN CARTER: I think we're ahead of schedule here. If you remember, that's probably a first. MR. PETERSON: Very good. Well, I just want to say good morning and thank you for the opportunity to be here and to -- for some of you introduce Character First to you and for others reintroduce the concept. It was a little over two years ago that Character First representatives met with Collier County government and talked to them about a unique program and idea and concept that has been benefiting cities and communities all over the nation, and that organization is called Character First. And it was, oh, I guess, December 4th of '99 that a resolution was signed by the Collier County Board of Commissioners to support this effort. And because of a lot of the changes that have happened in Collier County government, we'd like to really just give an opportunity to reintroduce the concept. I want to try to go through these screens very quickly. If you follow along, that will be helpful. Our goal is to work with your community to help in all these different areas that we've heard that there is great need of. The situation we heard with this Pastor, issues of boating safety, being kind to animals, everything that's come before the board so far this morning and the different issues that will come up a little bit later will all in some way relate to issues of character in our life. And you might ask, "Well, what is a county of character? What's a community of character?." a county in which elected officials, community leaders, and citizens at large commit to develop -- develop good character within the community, and that was the -- the goal and the heartbeat of the government a couple of years ago. And hopefully it still is today. Character First has been growing throughout the country, and right now there are over 100 communities in the country that have made a commitment to focusing on character issues and Page 31 May 8, 2001 doing everything within their power to support this initiative and to encourage good character in their communities. Not only are there 107 individual communities that have done this, including Collier County, but there are actually 4 states that have made a similar commitment on a state-wide level to do everything within their power to encourage character development among their citizens. What happened in December of '99 was that a resolution was signed, and there are copies of that resolution outside the door for people that are here in the gallery today if they'd like to pick those up, and I'll give you a packet a little bit later that has that document and some other supporting information in it. But the resolution was made that Collier County should be a community of character and that Collier County government would do everything that they could to promote that effort. This is a clip from another community that made a similar commitment. (The presentation was played on the TV monitors.) MR. PETERSON: And that's just a sample of what one community has done to initiate this program. In a nutshell, Character First, the goal of Character First, is to promote character in every segment of our community. In the law enforcement area, we've already begun that process here in Collier County over a year ago. The sheriff's office had 4 days of training with about 250 of their sergeants and above, and they're going to reintroduce this concept by having Sheriff Nash of Dorchester County in South Carolina come and do some additional training here in June, and then the Collier County Sheriff's Office will officially kick off this program and begin providing materials for its people and in a very tangible way promoting character. It also happens in the county government, in the workplace, in the school, through the faith community, and Page 32 May 8, 2001 the media. And the bottom line to all character development, really, is the picture that you see in the center of this, and that is families, because the family unit is such a vital important aspect, and it is the hub of our community. The goal of IACC -- and IACC is one of three arms of Character First. There's Character First business, Character First education, and the IACC is the International Association of Character Cities. And their specific goal is to work with communities to equip government and community leaders with understanding and tools to develop character within a city, county, state, or nation. And this is the organization that I represent, the IACC and Character First. The character initiative really has two aspects to it. There is the aspect of awareness. And we actually have a number of -- I believe in this community and also in Lee County where I'm from a number of vehicles that are awareness oriented. But there's also the development side, and sometimes we never get there. Awareness is just openly presenting or displaying character in various ways. While development goes a lot deeper, development is actually working on this process of building character in the lives of individuals. And the comments of the pastor earlier, I think that's their goal, is finding a mechanism and a tool where they cannot just talk about character, not just have character put in front of them but actually develop these traits and these qualities in the lives of their people. One is a visual or external, and development is integrational. It's an internal -- internal motivation to do what's right. Awareness has several different avenues that can be helpful to us. We can display character through billboards, banners, television, radio, sporting events, also newspaper articles, put character qualities on paychecks, on utility bills that people get Page 33 May 8, 2001 every month, through the internet, and a number of other ways. There are lots of avenues that we have to put character out in front of people. Here in Topeka, Kansas, in their newspaper they use an awareness method of putting a character word out in front. Again, in Lee County there has been an initiative that's been sponsored through the schools that's very similar. And every month -- every week in our paper in Lee County we have character words that are put out in front of us. Although that has its benefits, there are certainly some -- some downsides to it, and that is, although important awareness alone is not going to develop character in the life of an individual. And Character First is a little bit unique in -- in relation to other character development programs in that their goal is not just awareness but how do we practically encourage people to make good decisions based on high standards? It really begins with the commitment of leadership, and that's one of the reasons I'm here before you today is because your leadership is so vital in the role of character development in Coil -- in Collier County. On different levels that leadership is going to change. For a business, it's going to be the owner of that business, and the managers of that business are the ones that are going to support this initiative. In the schools it's going to be our principals, our teachers, our administrators. And in the home, it comes down to Mom and Dad supporting and getting these issues out in front of our children so that we can talk about them. We can get a picture of what character is and set some standards. And not only the commitment of leadership, but it comes down to the individual. Every single day we make choices. Our employees, our citizens make choices that affect our community. And, again, we have heard that over and over again this morning about the choices, many times negative choices that people Page 34 May 8, 2001 make because of a lack of character in their life. My -- I'm an independent representative of Character First and the International Association of Character Cities. My business name is Character Pitch, Incorporated. And the reason that -- that I selected that name is one of the first times I ever heard about character development and Character First was through a sheriff, Sheriff Nash, I had mentioned before. He'll be coming to Collier County at the end of June. But he made this comment. He said, "You've heard it said that character is more caught than taught," and rightly so. But who is going to catch character if nobody is pitching it? And that's the goal of my company. And really my personal goal is to take these issues of character and toss them at everybody -- everybody that comes by. And there will be some people that will catch these concepts. And, unfortunately, there will be others that -- that reject them. It's important for us to be able to establish some type of standard. And Character First has done that. They have a little pocket guide, and I'll be giving commissioners a copy of this a little bit later. But in that pocket guide it mentions 49 different character qualities that Character First has identified. And it gives a simple definition giving us the essence of that character quality. And I think it's interesting today -- in today's society, we don't even have a character vocabulary. We might be familiar with some character words, but if we were actually to try to define them and to say in an objective way what does this quality look like, many times we come up lacking. And Character First has tried to define these terms and set standards for -- for character. And some of you might say, "Well, where did you get these standards?" well, these standards have come from a number of places. Our faith community certainly has giving -- given us Page 35 May 8, 2001 different values and standards. Our history and our society and the traditions that we hold have given these, and even from our own conscience when we look at these qualities, we can see that they are important and vital in our community. It's important for us to learn these qualities, which define behavior through right words, right actions, and right attitudes. These character qualities are qualities that will help us to determine an appropriate response to every situation or circumstance of life. And as you know today, we're in a society where we don't -- everything looks gray and fuzzy, and we try not to look at things in right and wrong. But there are issues that are right and wrong, and we need to be able to identify these and try to set some type of plumb line for behavior in our communities. And, again, you might say, "Well, that sounds legalistic" or "We can't do that." well, we already do it. We do it every single day. We have laws in our community that we're supposed to obey and uphold, and it's amazing; as clear and plain as we can make it, many times our citizens don't follow those guidelines. I was reading just recently in our local newspaper that 45 percent of Floridians don't wear seat belts. Well, we have with a law about that. Unfortunately, there are people that disregard the law, and so we've got to -- we've got to work on that and try to encourage people to do what's right and to follow the guidelines that have been established by their authorities. Well, how do we develop character? First of all, realize that when we work on character development, it's -- it's an issue of developing relationships with other people. As a matter of fact, everyone in this room today, the quality of their relationships is a direct result of the character in your life. If you've ever met someone that's bitter and angry and harsh, typically you might avoid that particular person. And yet we all know people that are -- have a heart of compassion. They demonstrate the character Page 36 May 8, 2001 quality of responsibility. They're attentive when we speak to them, and that -- those positive character qualities help us develop good relationships. And also character development -- development will help us to reduce conflicts and not only reducing conflicts but helping us to understand how do we deal with conflicts that we do have in our lives. The responsibility of the county is to be a model. And through your encouragement of teaching character, of praising people for their good character, of recognizing character and being able to look at situations that happen in your community from a character perspective, and also learning to correct based on a character standard, you have an unbelievable opportunity to promote goodwill and character throughout your community. And, finally, as the employees and the -- those that are involved with county government apply these things in their life, they will have unbelievable impact in the community. There are many instances that we can point to where the community has -- has even distrusted or disbelieved government. And so these issues of character are so -- so valuable, so vital in us developing good relationships. The strategy for developing character, to a large degree, depend upon how we view a city, how do we view a county, a state, or even our nation and also how others view our leadership. Do other people's failures annoy or challenge you? Do you use people or do you cultivate people? Do you direct people or develop people? Do you criticize or encourage others? And do you shun or seek out the person with a special need or a problem? Based on your answers to this -- these questions is to a large degree determine the relationships that you have with the community. And Character First would like to recommend that when we look at others -- people's problems as challenges and Page 37 May 8, 2001 not fail -- and not annoyances, when we learn to cultivate people, encourage people, it will be a benefit to our communities. Character First recommends a dual -- two components in this whole issue of developing character community. One of them is through your role as government leaders. Now, I had a video clip that didn't come out very good over your television, but it was a clip that I had picked off the C-SPAN of Governor Keating. He had gotten a -- a question over the television program. There was a community on the east coast that was interested in looking at Character First. And one of the people that were presenting that called in to C-SPAN and asked Governor Keating if he would give an encouraging word towards character development. And basically Governor Keating said this is vital, this is vital to everything that happens in our community. And he went on to say that their involvement with Character First was more than just trying to help people be ethical and moral. He had ma]or financial concerns in his community. And the lack of character does cost us. And I -- like the Pastor, I've had an opportunity to work with some of the young men in the DRILL Academy, and there are great needs out there, and we have an opportunity to do something about it. The second aspect or the second component is a character council. This would be a community group that helps to support this initiative. County government would be the ones that lead the way. They would initiate the character emphasis, which has already been done. They would begin government leadership -- excuse me, begin with government leadership to establish a role model for the community. And that leadership here in Collier County includes our commissioners. It includes our county manager. It includes department heads, the sheriff's office, which is actually begun, and also managers and supervisors. The government leadership's role is to be personally Page 38 May 8, 2001 committed and involved. We can sign a proclamation, but unless we put feet to our words, those words many times sound hollow to the people that we serve. We need to pass a resolution, which has already been done in this community. And we need to begin implementing training. Part of that training is conducting monthly character meetings and -- in our community and businesses and government. We meet constantly, and part of that meeting time could be recognizing new character traits and -- and giving opportunity to speak to those issues, giving character recognitions, I was -- it was neat to see the people here honored for their time of service with the county -- Collier County government. But how much more, if we could not only give them these certificates but have an opportunity to praise them and commend them for the character that they bring to the table that have made them such valuable employees. And, finally, utilize materials for work and home. And Character First puts out a -- a bulletin every month that looks at a different character quality. And I'll have samples of those for you as well. While the second issue is the character council and getting community support, the character council is a steering committee comprised of community leaders. And these leaders should be diverse. They should be from different genders, different races, different socioeconomic scenarios. We want a real mix of people to -- to represent in this council. The character council would focus on promoting character in business through the chamber of com -- commerce, Better Business Bureau, and open trainings. For anyone here that's interested, I do have an open training in Fort Myers on May 18th, and there are some fliers outside the door if you're interested in that for your business or even for yourself. In the schools, for our families, talking to the media and Page 39 May 8, 2001 getting media involvement, in the faith community, special events and activities, and also the character council would support and encourage the government. And then we need to map out some type of strategy. We need to identify needs in each area of our community and meet them with character training. It is amazing as long as I've been involved with Character First now for three years. And every time I turn around there are new applications for character development in the schools and in the businesses and in government. Our community needs to determine its strengths and weaknesses, what public problems do we see in our community? What are the root causes of these problems? What character qualities are we lacking? Which problems would you like to address and in what priority? What's our county's history of establishing new programs? How can we build on previous improvement programs? Is there a history of change in our -- in our county? Is it positive? Is it negative? How do we deal with it? What are the strengths of our county and why? What factors contribute to these strengths, and how can we use them to conquer our weaknesses? What character training programs do we want to utilize to target our weaknesses and enhance our strengths? And these are questions that I would like you-all to ponder and consider as you think about how you can impact your community by building character. And then we need to begin the process, begin character training in the community, integrate character into the government, into the business, into education, into faith, family, media sectors of your community. I'm grateful for Character First that they have provided materials and training tools for every one of these avenues. And I think it's one thing that sets this organization apart from many others in that they try to Page 40 May 8, 2001 provide -- provide something to meet the needs of an entire community. In law enforcement we could help our officers to enforce laws with moral authority. There are many people that disregard the law and -- and partially because, unfortunately, sometimes they see law -- law enforcement that they look at as being hypocritical or judgmental. Implement character and leadership training for law enforcement agencies. And then in the workplace, discovering the ultimate win-win situation, here we have a scenario when we can implement character development in the workplace, not only do we bring benefits to the company as they see profits increase, as they see workmen's comp. Scenarios decrease, as they see morale and better relationships built in the workplace but also those individuals benefit as well because the people that work with us, that work in -- in our businesses and the government, well, they happen to be moms and dads. They happen to be citizens. They happen to be parents. And so the effects of that character development can trickle down into many, many areas of our life. Select a proven character program. Use open or on-site trainings, and provide monthly business leaders' breakfasts, and these are all things that can be done here in Collier County. (The presentation was played on the TV monitors.) MR. PETERSON: And that's a little clip talking about Character First in the workplace. In the schools integrating -- COMMISSIONER MAC'KIE: May I interrupt you? Because I'm afraid we're going to wear out the patience of the board, and I want us to get to the point of asking them to adopt this program. Are you getting close? MR. PETERSON: Yes, I am. Page 41 May 8, 2001 COMMISSIONER MAC'KIE: Okay. MR. PETERSON: All right. Thank you very much. And also I appreciate the patience of the gal sitting here. My name is Gerald Peterson. She's been asking me several times. Integrating character into learning and life, integrate character training into every level of education and then get our parents and our families involved with that as well. And then in the faith community we have an opportunity to unite the community and the family. Our pastors can be preaching on these character qualities; they can be taught in the Sunday school and also featuring a character word of the month. And then also with families, charac -- the International Association of Character Cities has put together a book that can be used for families in helping them. I've got a sample of that out on the table if you'd like to look at it. It's called Achieving True Success bv Building a Character Familv. And then also in the media, they have a large part in this, too, is they help us to keep character in the public eye. This can be done through newspaper articles, editorials, PSAs, radio, billboards, talks shows. And this is a sample PSA that was done in Indianapolis. And we're almost to the end. COMMISSIONER MAC'KIE: Okay. (The presentation was played on the TV monitors.} MR. PETERSON: And, finally, as you continue and -- and begin this process of working with character in your community, you have the opportunity to inspire other cities in sharing what you've done with other city -- city leaders around the world, and we've got some examples of that from Indianapolis and some of the things that they've done. The Character Training Institute's commitment to your city is the following: First of all, to introduce character concepts, to provide experienced trainers to work with your community, to Page 42 May 8, 2001 build a relationship with your community, to provide ongoing conferences -- they hold a large conference every year for community leaders -- and also to support the initiative for long- term success. And I'm grateful to have the opportunity to share with you and also work with your community as you make this commitment of developing character in Collier County. COMMISSIONER MAC'KIE: Thank you so much for that, and I appreciate the board's patience on this. This is something I have been working on for a couple of years, and I really have thoroughly investigated and -- and assure you that this is a trend across the country. There are, as -- as he said, cities and states and counties that have already become a part of this program. What I'm asking today for the county commission to do is, first of all, to adopt, create, establish this Collier County Commission on character and have it, you know, seek -- as we always do for our committees, seek applications and try to bring this concept broadly to the community, that we would provide that leadership. And I would very much like to serve on that council and then to direct staff to investigate how this program could be integrated into our current training for our employees. I don't, by any stretch of the imagination, mean to imply that our employees need character training more than anybody else. I do, however, need to be as clear as I can about this. Having served on this board for six years, since character does start with the leadership, we are all very aware of the character problems that existed previously on the county commission. This county commission needs to take a stand for the change and how we are going to endorse what Mr. Olliff is already doing in trying to change the character and the -- the perception of the character of county government. I think this is an excellent way for us to take a stand and -- and -- and move forward in a real Page 43 May 8, 2001 positive, concrete way to change not only the -- the perception of the character of some people but also the actual importance of character and how we view it, how -- what is our position on it, how do we stand. And so I would move that we create the Collier County council on character and direct staff to move forward to see how we can integrate this into our staff training program. CHAIRMAN CARTER: I'll second that for discussion, Commissioner, because I'm very -- and I apologize, sir. I didn't leave because I wasn't interested. I heard your presentation three times including when it was presented to the Presidents' Forum of Southwest Florida. I know that the sheriff's department here does this. I know other presidents in the community for their companies are looking at this program. It's outstanding. I have no quarrel with this, so that's why I seconded for discussion. I apologize for leaving the dias. Commissioner Fiala. COMMISSIONER FIALA: Is it something that costs us money? MR. PETERSON: There are some fees involved for training and monthly materials for your people. But Character First has reduced those fees for -- specifically for government because they have a real goal and a desire to serve the leaders of our communities, and I have -- some of those fees will be in the materials that I'll leave with you. COMMISSIONER MAC'KIE: And that's why the second part of my motion was to have staff review it and make a recommendation to us about how it could be utilized in our training program, because there are these reduced fees and these materials that are available, and I would leave to Tom the advice to us on how it would work and how much money he would say that it's worth and those kinds of things. COMMISSIONER FIALA: I think good character, of course, is Page 44 May 8, 2001 contagious, but there are many times when the people who need the training actually don't feel that they would want that training or aren't -- aren't even aware that they need the training. How do you -- how do you encourage those people to -- MR. PETERSON: Well, it's a -- I'd like to sort of reiterate what one of the tape sequences said, that it's a bold -- it's a bold thing to say, for us to say, that we commit ourselves to working on character. And there are some that will not make that commitment. And there are many reasons why, but we've seen that many times it's because character is an issue of accountability. And where people don't want to be accountable, many times those -- those are the ones that are very, very negative and totally reject the concept. But we are in a position of accountability and -- COMMISSIONER MAC'KIE: And, Commissioner Fiala, if I could just add, for me this is sort of like we take a stand. We are a drug-free workplace. If you're going to work here, you're going to be tested for drugs. You're not going to take drugs if you're going to work here. And we are also a workplace that values character and, you know, sign up for that or you don't fit in here. And I think that our employees are going to sign up for that. And -- and as you hear more -- as you look at the packet that you'll get, you'll see how practical this is and how down to earth and how they have integrated this into a format that works on training on the ground for employees in a very practical way. That also produces very measurable results for things like reduced worker's compensation claims and reduced absenteeism, and in -- in other government situations it has produced those measurable results, and that's what we'd be looking at when Tom brings it back to us, if you agree with that, to see if it's worth spending the money. CHAIRMAN CARTER: Commissioner Coletta. Page 45 May 8, 2001 COMMISSIONER COLETTA: Yes, Pam. I commend you for bringing this to the commission. We have a very sorry past that we're still trying to live down. I think this would be a program that would move us forward if we could implement it. I really do. It's regrettable, but people are still equating the past with the present, and it really hurts, you know, to be reminded that two commissioners have been indicted on a continuous basis when that's something that we were elected to try to correct. And I think what we need to do is set examples and live by example. MR. PETERSON: Commissioners, one -- one other thing I just wanted to mention in regard to this. You know, there are a lot of -- there are a lot of projects and -- and things that we support wholeheartedly with a lot of money that are really putting out fires. And we find ourself continually, you know, dealing with fires, and -- and Character First is a lot different in that it's a proactive way of -- of really trying to provide safety and security for everyone that works with us and for our community. And I think that's one of the -- I don't know if anybody saw it, but there was an article in the paper about Teco Arena and being sued by a young gal that was been -- was DUI and got hurt. And there is a prime example of the types of things that we can face when we aren't proactive. And, yes, we can provide some -- some materials and monies so that we can help people build character in their lives, or we can have hefty lawsuits where we spend much, much more money. And -- and so I'd encourage you to -- to provide this for your community and to be proactive about the problems that you have. COMMISSIONER MAC'KIE: CHAIRMAN CARTER: Yes. public speakers? MR. OLLIFF: No, sir. I think we may have to vote. Let me just ask, do we have any Page 46 May 8, 2001 CHAIRMAN CARTER: Commissioner Henning? COMMISSIONER HENNING: Thank you. I appreciate the example of the -- what happened at Teco Arena, and I think that is taking responsibility of the actions, the choices that we make in life. And I want to commend Para for providing the board the material that -- to look over of the program, and I would just hope maybe amend the motion, because we have so many people that should share this such as the school board and our cities to direct staff to -- to have a fair-share cost of this program to the school board and -- and the cities. COMMISSIONER MAC'KIE: I'll tell you that I had approached the school board a couple of years ago when this first started, and they have a character education program already in place. And this would dovetail with it. But they are already spending money on character education at the school board level. And what I would hope would come out of the character council I hope to seek members from the large employees -- employers in the community and others who will have an interest in this training for their staffs as well. And I -- I very much hope to seek the participation of the Naples Daily News and hope that they will participate in the public awareness part of this. But I ab -- I absolutely -- the financial issues are yet to be decided, based on what Mr. Olliff brings us back. CHAIRMAN CARTER: Right. And you got the cities that could approached on this too. COMMISSIONER MAC'KIE: Absolutely. CHAIRMAN CARTER: There are a lot of possible players, and I don't think this morning we are approving any amount of dollars. We're approving a -- the setting up of a council and giving staff direction to come back to let us know how we'll do all of this. Any further discussion? Hearing none, I'll call the motion. Page 47 May 8, 2001 All in favor signify by saying aye. (Unanimous response.). CHAIRMAN CARTER: Opposed by the same sign. Motion carries 5-0. Thank you very much. The magic fingers -- I think it's time for -- to give the magic fingers down here a rest. We'll take 10 and be back here at quarter to 11. (A short break was held.) Item #8A1 RESOLUTION 2001-181, THE COUNTY'S FY-2001-2005 CONSOLIDATED PLAN AND ONE YEAR ACTION PLAN REQUIRED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG PROGRAM} AND AUTHORIZATION FOR THE HOUSING AND URBAN IMPROVEMENT DEPARTMENT TO HIRE FOUR ADDITIONAL STAFF MEMBERS TO ADMINISTER THE PROGRAM - ADOPTED WITH CHANGES CHAIRMAN CARTER: If you-all take your seats, ladies and gentlemen, the next item is what most people are in this room for. And that is Item 8-A-1, community development, is about the resolution adopting the county's consolidated plan for one-year action plan as required by the U.S. Department of Housing and Urban Development. Mr. Mihalic. MR. MIHALIC: Good morning, Commissioners. Believe it or not, this is a good-news item. I know usually when we have a big crowd here we have a lot of bad news coming for us, but this is really a good-news item. We challenged the census bureau back in 1998 and 1999. We convinced them that they were undercounting the population of Collier County. From that Page 48 May 8, 2001 challenge they upped our population by about 26,000 people. And that allowed us to move forward to be able to apply to be a community development block grant entitlement county. And I'd like to stop and thank Representative Goss in this process because we had a very difficult time getting the census bureau to transmit that information to HUD, so it took about nine months for that to happen. And I really think without the commissioner -- or without the congressman's assistance, it would not have happened. But, anyway, in September HUD notified us that they would be able -- be eligible to apply on a special basis to qualify for this community development block grant program and we would be eligible to receive a little over $2 million every year as long as we spent it properly and spent it in a quick-like manner, and that's really why we're here. We've rushed through this process, and we've really retained the Florida Planning Group, a specialty consulting firm out of Jacksonville, who has assisted us in preparing the consolidated plan, which is a five-year plan that defines what Collier County is in HUD's eyes and, more importantly to you, the one-year action plan which essentially recommends a certain way to divy up the first $2,087,000 in the first year. We hope to submit this to HUD by May 15th. They have 45 days to re move -- to approve it and review it, and we hope that we then will start our CDBG fiscal year on July 1st and it will continue to run throughout the years from July 1st to June 30th. Let me go through the recommended allocation in the first- year program. CHAIRMAN CARTER: I think there's a couple critical points here, Greg, that you have mentioned. Number 1, this is the first year. It gives us an opportunity within that first year to establish all the measurements for the future years. Every week we delay Page 49 May 8, 2001 this costs us $40,000, so there is a real sense of urgency here to -- to make this happen. So I think everybody needs to keep that in mind as we move forward this morning. Thank you. MR. MIHALIC: Yes, Commissioners. We held four public hearings in this program as required and really jumped through the rest of the hoops that HUD requires us to go through. The recommendations that the consultant reviewed and we -- we put forward for your approval and/or your suggestions are suggested, and there are many more programs than we had money for even in this first year, and it will be more competitive into the future. I must say because we don't have any staff in this program right now, we could not provide the technical assistance to the subgrantees that will come along with future grants. We will help them tune up and prove up their grants for next year's cycle, and we anticipate starting that cycle this October, so it will be a longer period to look at applications and tune them up to be sure they meet the guidelines and requirements of HUD and they meet our requirements. Again, let me move to what we are recommending, and at the end I'd like to make an addendum to that. We are recommending infrastructure improvements for Habitat Village, Habitat for Humanity planned unit development in the amount of $600,000. We're recommending a housing rehabilitation program for Collier housing alternatives, and this is fixing the foundations for some of their housing units, $47,000. We're recommending assistance for Wolf Apartments, a new supported housing development, in the amount of $224,160. We're recommending street lights in high-crime areas of Immokalee for $48,000. We have an interlocal agreement with Marco Island and the City of Naples to use their populations. They will receive $250,000 each for their eligible activities that they have determined. Marco Island will do storm water drainage improvements in a Iow- Page 50 May 8, 2001 income area on Marco Island, $250,000. The City of Naples will do park improvements in a Iow-income area in the City of Naples, $250,000. We're recommending the extension of the bus service from Immokalee to Naples and to Marco Island. This is the purchase of additional buses, $313,000; and the program planning and administration costs, $354,790 for a total of $2,087,000. Since we've given you this information, there has been another project that was originally submitted but was not brought forward because it -- it didn't meet some of the criteria. It has since been changed slightly, and this is an infrastructure project for 40 single-family homes in Immokalee, and they requested $213,500. It did not qualify in its initial application because it was tied to the 300-bed facility which has some problems in qualifying under HUD guidelines. However, it has since been modified to only provide infrastructure for the 40 single-family homes. It does not now qualify, and we put that forward to you. The Citizens' Advisory Task Force has seen these recommendations after our public hearing and has recommended what the staff has brought forward to you. In addition, they feel that the Immokalee infrastructure project is a good one and should be funded, if possible. And with that -- CHAIRMAN CARTER: What would their total need now be, Greg? MR. MIHALIC: The Immokalee infrastructure? CHAIRMAN CARTER: Yeah. MR. MIHALIC: The last figure I saw was -- $285,000 was -- was the projected costs. Their original application was for $213,500. CHAIRMAN CARTER: They now need two eighty-five. MR. MIHALIC.' They now-- the total project cost is two Page 51 May 8, 2001 eighty-five on that project, that -- the estimate I saw. CHAIRMAN CARTER: Okay. MR. MIHALIC: We would -- COMMISSIONER COLETTA'. I'm sorry. Go ahead, Donna. COMMISSIONER FIALA.' Could you just explain just a little bit about what that actually means? Are these first-time homeowners? Are these -- will these be single-family owner occupied? MR. MIHALIC: The lots that will be created will be individual lots for single-family houses. It has not been determined who will be the occupants, but the plan is for it to be first-time home buyers who have very Iow income. COMMISSIONER FIALA: Rather than rental, somebody-- MR. MIHALIC: It really will not be rental. There will be restrictions, but that's really not part of this grant. This grant is only for the infrastructure, and it will then be separate after that, whatever other funding is used to build the houses. COMMISSIONER COLETTA: Greg, I appreciate you picking up on Immokalee before I had a chance to open my mouth. That was definitely going to make an issue out of this. The 280,000, you would recommend what? That that came from the bus service? You have to cut something to be able to make it come out, MR. MIHALIC: I really open it up to you, Commissioners. I mean, this is -- COMMISSIONER COLETTA: I would recommend it come from the bus service. MR. MIHALIC: -- a local decision, a local decision that you can recommend to make. CHAIRMAN CARTER: Well, I share Commissioner Coletta's concerns. Now -- and how do we find the two eighty-five and -- COMMISSIONER MAC'KIE: I -- if I may, I agree -- Page 52 May 8, 2001 CHAIRMAN CARTER: Let me finish, ma'am. You're supposed to be hoarse. You're not supposed to talk. There's a possibility we might be able to work out something on a bus service where we don't have to have a backup, for whatever that's worth. And also Greg had shared with me there's some administrative dollars that can come forward, so we may be almost there. But I think before we try to work through that, perhaps we need to -- we have 18 public speakers. MR. OLLIFF: About that. CHAIRMAN CARTER: Okay. -- on the subject. Now, I don't know how many -- how many are here in regards to the Immokalee question? Could somebody tell me how many people we have? MR. MIHALIC: It looks like two. CHAIRMAN CARTER: Just two. COMMISSIONER MAC'KIE: It probably depends on -- CHAIRMAN CARTER: Well, then it appears we got a whole host of other activities here. COMMISSIONER MAC'KIE: Commissioner Carter, it probably depends on -- I mean, the Habitat people will be interested in the Immokalee question if you're talking about reducing their allocation, as would others, you know. I think everybody here supports all of them. But if you're going to be taking money out of the St. Matthews House proposal, for example, to support the -- the Immokalee proposal, then we'll probably have a lot of speakers on the Immokalee issue. CHAIRMAN CARTER: Well, I don't know what the pleasure of the board will be. If it's primarily focusing on the Immokalee issue and we got to come up with two eighty-five, perhaps we're looking for some numbers that will get us there. MR. MIHALIC: Well, Commissioner, I -- I had discussions with Mr. Thomas. And he could live with two thirteen five. Page 53 May 8, 2001 CHAIRMAN CARTER: Two thirteen -- MR. MIHALIC: He has a source of the other money. So it may be possible that his original application amount of two thirty -- two thirteen five would be very satisfactory to him. CHAIRMAN CARTER: Okay. MR. MIHALIC: And he's not in town today. He obviously would be here if he was in town. CHAIRMAN CARTER: Right. Could you tell me within administrative and working a way to -- with the bus not to take that away from providing the service, but I understand we have two buses. One is a backup. We may have some other alternatives to that. And also the private sector is already working -- this is a capital expense. Private sector is picking up operational expenses on that. Could we get to two thirteen five through those two sources if we only had one capital expenditure on bus and we could reduce administration? COMMISSIONER MAC'KIE: I'd support that, Commissioner. MR. MIHALIC: If we would provide one bus instead of two and cut that allocation in half, I could absorb the rest of the two thirteen five on -- on the step-up of administration because we're going to be staging up throughout the year. No prob -- I mean, I think we can accomplish that, Commissioner. COMMISSIONER MAC'KIE: I'd make a motion to that effect. COMMISSIONER CARTER: If everybody's okay with that one COMMISSIONER FIALA: I second it. CHAIRMAN CARTER: I have a motion by Commissioner Mac'Kie. I have a second by Commissioner Fiala. Any board discussion? All in favor signify by saying -- MR. MIHALIC: We have speakers. COMMISSIONER MAC'KIE: We have public speakers. CHAIRMAN CARTER: Well, okay. Maybe if somebody wants Page 54 May 8, 2001 to talk us out of that. Okay. We'll -- we'll hold the decision on the motion until after we hear from public speakers. COMMISSIONER MAC'KIE: But they have the -- you know, feel welcome to waive your right to speak if you -- if you like the idea that's on the floor. CHAIRMAN CARTER: Well, we'll get -- if we get to your name, if you feel -- you understand the motion, we would take care of the Immokalee -- give me the right term -- I'm going to call it the Immokalee proposal at this point. That's probably wrong. COMMISSIONER COLETTA: That's fine. COMMISSIONER FIALA: We understand. CHAIRMAN CARTER: Everybody understands. Okay. All right. COMMISSIONER MAC'KIE: And just by way of nodding heads, does a majority of the board like that motion that's on the floor? COMMISSIONER FIALA: Yes. COMMISSIONER MAC'KIE: So -- CHAIRMAN CARTER: I saw four nods. That's -- you only need three, so okay. Let's -- let's move to public speakers that we called in order. No, no. They'll be called in order. Are you the first one? MR. OLLIFF: The first speaker is Kathy Herrmann followed by Mary Ann Durso. CHAIRMAN CARTER: If you're second up, we just put you on the on-deck circle, means if you will move up and be ready to speak. MS. HERRMANN: Good morning. COMMISSIONER MAC'KIE: But don't feel obliged to speak if you like the motion that's on the floor. MS. HERRMANN: Good morning. Most of you know me. I am a member of the Citizens' Advisory Task Force for the Page 55 May 8, 2001 housing and urban improvement. I'm also the director of the Shelter for Abused Women. I'm a member of the Hungry and Homeless Coalition and chair of the Continual Care Needs Assessment for Collier County. I like -- I just want you to know that I like the motion that is on the floor. As a member in all of those things that I have just told you that I have done, I have studied this process tremendously. The Hunger and Homeless Coalition have watched the CDBG process for two years with great anticipation to get those funds here into Collier County. So the first thing is let's get the money to Collier County so it can do -- start doing some good for our citizens. The other thing I want you to know is that as the chair of the Needs Assessment for the Continuum of Care, we listened to and got input from more than a hundred different entities: the homeless, churches, funders, social service agencies. And what they told us is the No. I need in the county was affordable housing. I'll be back on the 15th of May to talk to you at the workshop. The No. 2 need was for transportation. So I want you to be aware of those -- of those things, and thank you very much for your deliberation. CHAIRMAN CARTER: Thank you. Next speaker, please. COMMISSIONER MAC'KIE: Mary Ann waives. CHAIRMAN CARTER: She waives. MR. OLLIFF: Mary Ann Durso waives. Noel Anzualda. CHAIRMAN CARTER: Followed by... MR. OLLIFF: Followed by Patricia Washington. COMMISSIONER MAC'KIE: Is Miss Watkins (sic) here? If she wants to waive, just let us know. If she wants to speak, come on up, MR. ANZUALDA: Good morning. My name is Noel Anzualda. I live in Immokalee on 514 North Tenth Street. Page 56 May 8, 2001 My family had -- had a story how we live what -- before we moved into a more decent home. I before was living in a trailer with two rooms and two bathroom with one little kitchen and a living room. The trailer was a not -- untypical home with much damage needed of much repair. Something that needed repair were holes in the trailer, with lots of holes in the trailer. We were inverded (sic) with mice which would destroy our food and trailer. Also we un -- by a lake which put us in danger of what -- what could we have happen if -- we had no -- no idea. We had some (unintelligible) over. Also we had problems with an electricity which cut off many times, and we also -- and unsafe paint for the children because there were many loose wires outside that could shock someone and shock her. But during this we prayed to God for a better home that will be much stable and decent. Thank -- thanking God for anything, sometime later we found out information about -- about how we can get a Habitat house. During this time we were searching for a home to buy. We went to Habit -- Habit (sic) center, and we were offered a home for forty dollar. Five hundred hours, we now live in our home. Thanking God for our answered prayers and the appreciation of -- of the Habitat center and the help of the volunteers who spent their extra time in helping -- helping the community with the Habitat project. Also, thanks to all the sponsor and all the persons for -- or people that begin the idea of the creation of Habitat homes. Also -- and also Mimi Marken (phonetic) and Virginia and all other employees that put their support in Habitat. Thank you all. And now we live and live in peace without worrying about a snake coming into our home un -- unexpected or might making noises and destroy our food and keep us alert at all times. And, once again, thank you for all -- everything. God bless you all. Page 57 May 8, 2001 CHAIRMAN CARTER: Thank you very much, sir. May peace be with you. Next speaker, please. MR. OLLIFF: Patricia Washington followed by Dr. Sam Durso. MS. WASHINGTON: Good morning to everyone. I thank God for being here this morning, and I thank God for my Habitat home. I thank God for a decent place to live because the area that we used to live in was so much crime. Before we got accepted for Habitat Humanity of Collier County -- I have a 21-year-old son. He was off one night. He goes out to the recreation center. He's -- he's on his way home, and someone came out of nowhere and put a gun to his head. He had just got paid. He's a -- he goes to Edison Community College, and he had just got paid that night, and someone had followed him, put a gun to his head, and took everything that he had. So I thank God for my Humanity Habitat home. I thank God for peace. We can sleep at night, because there was some nights that we couldn't sleep for hearing polices chasing dope dealers. Some nights we couldn't sleep because of gun shots. Sometimes we couldn't sleep for people yelling and hollering and music going all night long. So I thank God for my Habitat Humanity house, and I thank God for them because they brought sunlight and sunshine into our life. We can wake up in the morning now and open the blinds, and we have a beautiful yard with beautiful flowers, and we can walk outside and we can hear the birds singing. And we appreciate a decent place to live. I think that everybody should have a decent place to live, and they should have a place to live where they feel comfortable when they walk outside their door not fearing that a gunshot's going to come their way or bottle going to come their way. And everybody should have their own keys to their houses. Where we lived, George Washington Carver apartments -- I'm sure Page 58 May 8, 2001 everyone knows where that area. It's a lot of crime in that area. Not only the landlord had keys. Other people had keys that we wasn't aware of, and when you're at work, you come home, someone's coming out of your apartment saying that they're the pest control, and here you're just probably laying out something to cook for dinner. When they're in your house spraying, you don't know where they spray with the spray. So I thank God for my Habitat Humanity house. I thank God for peace and love and joy it has brought in our lives. Thank you. CHAIRMAN CARTER: Thank you very much. And you are a credit to not only to Habitat, but you're a credit to yourself for having -- you know, doing what you -- for personal responsibilities, what I say. You are a very responsible person, and you're now doing and fulfilling your dream, and God bless you for where you are and what you're doing, and thank you for sharing with us this morning. MR. OLLIFF: Sam -- Sam Durso is your next speaker followed by Alex Brown. MR. DURSO: I'm -- I'm going to cut my speech down to about 30 seconds, and I'll -- I'll save the big speech for next week. CHAIRMAN CARTER: Thank you. MR. DURSO: I'm proud to serve the Habitat for Humanity. These are two typical homeowners, one from Immokalee, one from Naples. We build houses in both places. We have 217 houses in Immokalee completed. We have 140 completed in Naples. We're doing 50 houses this year. We're the largest Habitat chapter as far as the number of houses built for a 50,000 population in the country. It's just a small group of our volunteers here. We have a lot of volunteers who are committed to provide a simple, decent place to live for everybody. We will keep doing that, and we just want more help from you, and obviously you folks are helping us a lot. And I support all the Page 59 May 8, 2001 other charities here today as well. You'll hear much more from me next week. Thanks. CHAIRMAN CARTER: Thank you, Sam. And for those of you who don't know Sam, without him and his wife, I don't know what we would do in this community. What pillars of strength in making Habitat for Humanity a reality for so many people so -- (Applause.) CHAIRMAN CARTER: Yes, sir. MR. BROWN: I don't have anything -- Habitat for Humanity, but the way you're trying to raise the funds by taking the bus -- Alexander Brown. Raising funds by taking them from the bus service? CHAIRMAN CARTER: No, sir. We're not taking them away from. We are just not going to have a backup bus because we think we've got alternatives for that. MR. BROWN: So none of the funds will be taken from the bus service? CHAIRMAN CARTER: Well, we'll reduce the funds, the capital expenditure, so that we can provide, A, the bus, back and forth to Immok -- or to -- to Marco. And we are working with the private sector. They're going to pay for the operation of the bus, and we're going to pay for buying the bus. And we have some other backup vehicles that could be used in case that bus doesn't run on a particular day. But you will have the service, and that's what I understand from Mr. Mihalic we wi II accomplish, sir. MR. BROWN: But the funds that were allocated will not be in the bus system anymore? CHAIRMAN CARTER: Only half of it because we're not going to buy two buses. We're only going to buy one, because we have other backup buses in another system that could work in case the one that we buy is not operating on a given day. Page 60 May 8, 2001 MR. BROWN: So there will be no funds taken from the bus. COMMISSIONER COLETTA: Let me help you with it. MR. BROWN: Okay. That's all I wanted to know. COMMISSIONER COLETTA: I can help you with this. I'm the commissioner from District 5. Immokalee is my -- one of my favorite places. I can assure you that there will be transportation to go to Marco Island. Don't worry where the funds are coming from. That will be our responsibility. MR. BROWN: Okay. I just wanted to make sure that they're getting -- okay. CHAIRMAN CARTER: Okay. Thank you, Commissioner Coletta. MR. BROWN: Thank you. MR. OLLIFF: Barbara Cacchione is your next speaker followed by John R. Wood. MS. CACCHIONE: Good morning. The Empowerment Alliance of Southwest Florida also filed an application for land acquisition in this cycle as well. Given the approach and -- and the review of the situation and the proposal on the floor today, what we'd like to do is -- is ask for -- well, let me back up a moment. What we'd like to do is build middle-income housing in south Immokalee that would sell for homeownership in the range of 450 to 500 a month. In order to do that, we will need some financial assistance in terms of land acquisition and various other sources that we will bring together. We have filed and have received our nonprofits, 501(c)3 status, and what I'd like to ask today is that we be the subgrant recipient for your DCA urban in-fill grant. That grant was received by the county. It's $300,000. It is only applicable for land acquisition in the Immokalee area, and the Empowerment Alliance, in fact, helped the county prepare that grant application. The second thing we'd like to ask -- ask today is that this is Page 61 May 8, 2001 a continuing program. Our needs, particularly in south Immokalee where there's very little private investment, the needs in that area are extreme. In order to build housing that will increase in value over time, we will need to have various sources to subsidize that. The second thing we're asking for is that next year in your cycle that you consider setting aside a certain portion of community development block grant money to be used for land in -- acquisition infrastructure in the Immokalee community, particularly in the redevelopment area that the county has constructed for that area. The third thing we'd like to ask is that we relook at our process for next year and have more involvement by the nonprofits. We are all in partnership, particularly in the Immokalee area, and we will be able to always work out our differences. And I think if we are able to kind of work together and have a little more input together in the process, I think that would be very helpful for next year. And finally, we'd like to ask you to please relook at your SHIP plan. That plan right now offers a lot of assistance to a number of people throughout the community. But when we're trying to hit this middle-income housing, it is very difficult with a very small subsidy to -- to make that a reality. And we'd request that maybe for next year that we could also relook at some of those subsidies and target more of a subsidy to the lower income because, really, that's the only way you're going to see homeownership housing built, particularly in south Immokalee. I thank you for your time and appreciate your consideration this morning. CHAIRMAN CARTER: Thank you. Commissioner Coletta. COMMISSIONER COLETTA: Yes. Thank you. Greg, can you tell me about this $300 -- $300,000 in-fill grant, where it is now and where is it going? Page 62 May 8, 2001 MR. MIHALIC: Sure. There is a $300,000 in-fill grant that has been awarded to the county. The Empowerment Alliance is our proposed subgrantee. There's a very fast track on expending this money. It must be expended by the end of this year, the end of this calendar year, and we've been working with Barbara Cacchione to try to put together a work plan that is acceptable to the Department of Community Affairs so they feel comfortable that they can proceed ahead. I think we're there. They are our preferred provider for that as -- as long as things work out, but the money has to be spent by the end of this calendar year, which is a very difficult task when you're working with governments, especially the state government. COMMISSIONER COLETTA: Barbara, are you going to be able to do that? MS. CACCHIONE: I can always spend money. COMMISSIONER MAC'KIE: Just ask her husband. MS. CACCHIONE: We're in the process of making offers on lots right now as we speak. And we're looking for vacant lots so we don't displace people. We're also looking at those with abandoned buildings so we can take those structures down. COMMISSIONER COLETTA: You'll be coming to us when we have our -- our work session on affordable housing? MS. CACCHIONE: Yes. COMMISSIONER COLETTA: When is that? MR. MIHALIC: Next week, next Tuesday. CHAIRMAN CARTER: Well, that's great, you know, Barbara. And I -- and I believe if you need any help at the state level through our staff, through commissioner contacts, or Representative Goodlette, Senator Saunders, I'm sure that we can do whatever we need to do to try to accelerate that process. We'd hate not to have the opportunity to spend that money and let somebody else get it. Thank you. Page 63 May 8, 2001 MS. CACCHIONE: MR. OLLIFF: John Cowen. MR. WOOD: being passed. Thank you. Your next speaker is John R. Wood followed by I waived my right to speak subject to the motion MR. COWEN: MR. OLLIFF: John Stanley. CHAIRMAN CARTER: Thank you, sir. MR. WOOD: And I would urge that others do the same. CHAIRMAN CARTER: The next speaker, please. I'll waive. John Cowen's waiving. Your next speaker is MR. STANLEY: I'll waive. CHAIRMAN CARTER: Waiving. MR. OLLIFF: The next speaker is Lynda Williams. CHAIRMAN CARTER: She's waiving. MR. OLLIFF: Next speaker is Nathan Williams. CHAIRMAN CARTER: Waiving. MR. OLLIFF.' Next speaker is Jim Kirk. CHAIRMAN CARTER: Waiving. MR. OLLIFF: A lot of waiving going on. Essie Serrata. CHAIRMAN CARTER: Waiving. And my granddaughter's at home, and she's waving back to you. MR. OLLIFF: The next speaker is David Schimmel. MR. SCHIMMEL: I'll waive. CHAIRMAN CARTER: Waiving. MR. OLLIFF: Susan Golden. CHAIRMAN CARTER: Waiving. MR. OLLIFF: That's your last speaker, Mr. Chairman. COMMISSIONER MAC'KIE: Call the question. CHAIRMAN CARTER: Thank you. I call the question. COMMISSIONER HENNING: I have -- I just want to clarify the -- the motion and want to really understand how this is going to Page 64 May 8, 2001 impact the bus system in Collier County. MR. MIHALIC: Well, I'd like, obviously, someone from transportation to discuss the second issue, but on the monetary side we're going to cut the bus system from 313 -- 313,000 to half of that by one bus instead of two. We'll take the difference of approximately $50,000 out of the administrative costs for the first year to fully fund the original application for the infrastructure for the 40 single-family lots in Immokalee. COMMISSIONER MAC'KIE: And, Greg, was the second -- was the second bus going to be used for any purpose other than backup in the event of breakdown ? MR. MIHALIC: I need some help to speak exactly to that issue. MR. OLLIFF: Just so the board's aware, I don't think this bus is the same as the type bus that we have with our other transportation, CAT program. This is more of a 40-passenger size bus from what I'm told. So it's a little -- COMMISSIONER MAC'KIE: The other thing I'd like to hear for the record is the participation by the employers because, frankly, they ought to be participating significantly because we're bringing their employees to them. MS. WOLFE: Dawn Wolfe, transportation planning director for the record. These are 40-passenger buses which allows the seating of -- of 40 passengers, as well as the standing capability of up to probably 20. We have -- the second bus is a backup bus. You will invariably have the need to take the bus off system just for general maintenance, but you also have breakdowns. The current system we have in place are only 24-passenger buses. They cannot be used as the backups for these. Technically we need both buses. You cannot do the backup with a bus of a smaller size. That's why we had put in for two. We do not believe that we can move forward with the Page 65 May 8, 2001 project with only a single 40.passenger bus and anticipate the support of the existing system to provide in case it does break down or in need of repairs. So we would say that we should pass it this time and maybe come forward next year for a possibility of funding of those buses. In terms of the resorts providing finance, we have conditioned the ability to run these buses on the -- the fact that these resorts would have to participate, provide the local match, and participate in the subsidization of the costs beyond what we get out of the fare box. So the cost would be borne by the fare box and by the resorts. CHAIRMAN CARTER: How do the resorts get those people there today? MS. WOLFE: They go by a couple of means. They do have some smaller vehicles that they provide transport, but these do cost the employees money. COMMISSIONER MAC'KIE: Sounds like the backup plan to me. MS. WOLFE: But there are also individuals who ride in private vehicles. They take them down in the backs of vans and the backs of trucks charging them anywhere from 5 to $8 per trip. We're talking about trips that would cost the passengers $2 versus these higher fares. So, you know, it is something that was brought to us by Greg's group, as well as other individuals out in Immokalee, as if we could use these monies in this fashion they would see this as a great assistance, but only with the support of the businesses down in Marco. Without that support, it would not be functional. COMMISSIONER COLETTA.' Mrs. Wolfe, if I may, so what you're saying is that the money that's left for one bus would be inadequate to be able to make this work; is that correct? MS. WOLFE: Correct. COMMISSIONER COLETTA: Have we ever looked into a Page 66 May 8, 2001 cooperative arrangement with Lee County to see if there might be some backup there? We're talking about a bus breaking down, and during the period of time it's broken down maybe there's something we can do with Lee County. I hate to say we're giving up just like that. COMMISSIONER MAC'KIE: Can we hear from Mr. Olliff? I think he may have some ideas. Because, frankly, his staff already told us something contrary to that at the beginning of this item. He told us that you could do it; it would be challenging, but that we had plans. So what are they? MR. OLLIFF: My recommendation would be that you go ahead with the plan, the motion that's on the floor, and just direct us to bring back a transportation program that may involve working with the private businesses to work out either lease arrangements for backup buses, you know, in the interim period, looking at our options and bringing that back. But I think with a single bus of 40 passengers we can put some kind of a program together that will work. COMMISSIONER COLETTA: Even if we're talking about with a possible breakdown with a 40-passenger bus and we might have to lease a bus for two or three days while it's down, I don't see why this program can't go forward. COMMISSIONER MAC'KIE: It can, and it has to and that, you know -- CHAIRMAN CARTER: Well, I think Mr. Olliff's answered the question for us. We'll leave it up to staff to think outside the box and find a way to provide the second bus, because we are going to put the capital expenditure in for the first bus, or maybe we lease buses out of that pot for a year. And we may find all kinds of creative ways to get there. If hearing no other discussion or questions, I call the motion. All in favor signify by saying aye. Page 67 May 8, 2001 (Unanimous response.) CHAIRMAN CARTER: Opposed by the same sign? carries 5-0. Thank you very much. (Applause.) CHAIRMAN CARTER: All right. than I thought. Okay. All right. Motion This is a better day in Dodge Item #8C1 RESOLUTION 2001-182/CWS-2001-01, AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF PERPETUAL, NON- EXCLUSIVE UTILITY EASEMENTS FOR THE CONSTRUCTION OF IMPROVEMENTS TO THE SOUTH COUNTY REGIONAL WATER TREATMENT PLANT (PROJECT 70054) - ADOPTED MR. OLLIFF: Mr. Chairman, the next two items under public utilities are strictly items that would normally be on the consent agenda. But just in case I think it's the attorney's recommendation that it be on the regular agenda. COMMISSIONER MAC'KIE: I make a motion to approve Item C-1. CHAIRMAN CARTER: Motions to approve C-1 and C-2 by Commissioner Mac'Kie. Seconded by Commissioner Henning. All in favor signify by saying aye. (Unanimous response.) CHAIRMAN CARTER: Opposed by the same sign? Motion carries 5-0. Item #8C2 RESOLUTION 2001-183/CWS-2001-02, AUTHORIZING THE ACQUISITION OF CONDEMNATION OF PERPETUAL, NON- Page 68 May 8, 2001 EXCLUSIVE UTILITY EASEMENTS AND TEMPORARY ACCESS AND CONSTRUCTION EASEMENTS FOR THE CONSTRUCTION OF IMPROVEMENTS TO THE SOUTH COUNTY REGIONAL WATER TREATMENT PLAN (PROJECT 70054) - ADOPTED Motion for this item stated above. Item #8D1 - Continued to May 22, 2001 Item #8E1 BOARD OF COUNTY COMMISSIONERS' CONSIDERATION OF NEWSPAPER ADVERTISEMENT OF THE BOARD'S AGENDA INDEX - REINSTATE ADVERTISING, USING THE REDUCED RATE AND STAFF TO BRING BACK A RURAL NOTIFICATION PLAN TO GET INDEX OUT TO AS MANY PEOPLE AS POSSIBLE That takes us to 8-D-1. No -- yeah, continued to 5/22. COMMISSIONER MAC'KIE: What about the well field -- I'm sorry. Didn't we have 8-C-3, the well field protection that -- CHAIRMAN CARTER: Ahh, you're right. Let me go to 8-3, well field protection zone maps. Be real quiet when you go, folks. Thank you. I'm sorry--. COMMISSIONER MAC'KIE: I'm sorry. CHAIRMAN CARTER: -- for the confusion on my part. We are moving to 8-E-1. Miss Leamer is here to talk about the consideration of newspaper advertisement of the board's agenda index. And when you go to that section, I know she has some changes in numbers for you. MS. LEAMER: That's correct. Jo-Anne Leamer, support services administrator. Since the item was printed, we were Page 69 May 8, 2001 able to work with the Naples Daily News to reduce the cost of printing the agenda index. You can see in your package we had indicated that it would range from 77,000 to $60,000 for a year's worth of agendas being printed. The new cost is approximately $33,000, and that would be to print the index 21 times a year. It's approximately a 4/5 of a page. It would look something similar to this (indicating). CHAIRMAN CARTER: And this would be in the Sunday edition, and I'm sure you'll get to this number because you're a number cruncher. It is really a net increase of twenty-seven three a year because we do have to spend $6300 currently just to -- as a public notice. MS. LEAMER: Right. Currently we do run a notice that's in your agenda package that tells citizens where they can review the agenda. It is available at the libraries, on the internet, and also on Channel 54. It runs approximately 12 times Friday, Saturday, Sunday, and Monday. So we -- we do have quite a bit of public notification about what items are going to be heard at the board meeting. COMMISSIONER MAC'KIE: Are there speakers on this item? COMMISSIONER HENNING: No. Mr. Olliff said the last item that we discussed is the only public speakers that we have for the rest of the day. COMMISSIONER MAC'KIE: Because I'd like to make a motion to approve the -- that we start -- reinstate the advertising using the reduced rates that were negotiated, and thank you for whoever did that negotiation. I think in the interest of more public knowledge of what their government is doing, it's the right thing to do. COMMISSIONER HENNING: Can we have some history of why it was discontinued, the service? CHAIRMAN CARTER: We can. I have a motion, though. Do Page 70 May 8, 2001 we have a second? COMMISSIONER FIALA: I'll second it. CHAIRMAN CARTER: Okay. Commissioner Fiala seconds. Now to the question by Commissioner Henning: Do we have a history of why it was discontinued? MS. LEAMER: It was my understanding that that service used to be provided free by the Naples Daily News. At some point in time, we began being charged for that. The cost-benefit analysis didn't support continuing to print the agenda index based on the amount of public notification we were doing for free. COMMISSIONER HENNING: The -- is this going to be considered for next budget, or are we going to start right away? COMMISSIONER MAC'KIE: My motion would be to start right away. COMMISSIONER HENNING: I would hope that we would wait until the budget season rolls around so everybody has a glimpse of the implications to the ad valorem tax of the decisions that's being made. COMMISSIONER MAC'KIE: Frankly, the additional cost between what we're currently spending and what I'm suggesting we spend would be almost immeasurable in the millage because it would be so small. I mean, it's such a tiny amount of money. COMMISSIONER HENNING-' Well, I agree, but there are other implications that we're doing that's going to affect the ad valorem tax. CHAIRMAN CARTER: Commissioner Fiala. COMMISSIONER FIALA: Yes. I'm -- I wanted to say, I -- notice we were talking about we hadn't been advertising a lot of the issues that seemed to be important to people and then they come after the fact and they say we didn't hear about it. And possibly it's because we haven't been publishing in the Page 71 May 8, 2001 newspaper. And so I -- I wondered if this would then -- well, I feel maybe this would answer some of their -- there outcry. CHAIRMAN CARTER: Commissioner Coletta. COMMISSIONER COLETTA: Yes, thank you. First, I want to compliment the Naples Daily News for their generous offer in coming off on their price like they did. That was true citizen response on their part. But I have some concerns: One, a good part of our county is outside of the range of the Naples Daily News that is serviced by such things as the Bonita Banner, the Immokalee Bulletin, the Everglades Echo, and the Golden Gate Gazette. Now, if we're going to provide this service and pay for it with taxpayers' money, we're taking it from the whole county and we're providing a service to the whole coastal region, which is still a tremendous service to be offered. I don't think you can get too much out in front of the public. However, the cost is still there. We would have to consider putting it in these other papers also, and we haven't reached any kind of numbers with them. But another suggestion I would make is possibly we can meet a lot of our needs by -- I remember the last time I suggested that we include the agenda package at libraries, and we have done that, and that's worked out fine. But that we go so far as including the agenda packages at cooperative extension, the licensing office, the -- the Everglades City, the Marco Island, and Naples City Hall. We wouldn't have to put out 50 packages of it; maybe a couple of them. They can make copies, if there's a request, the sheriff's substations. And that also, too, for those people that are visually impaired, that we dedicate a phone line that would have the agenda there in English and possibly even Spanish where they could call up on that line and be able to hear a simple playback of what the agenda would be. I'd like to offer this up, too, as -- for further discussion. MS. LEAMER'- We did look at the papers that served these Page 72 May 8, 2001 other areas, and part of the problem there is the lead time. COMMISSIONER MAC'KIE: They're weeklies. MS. LEAMER: Yeah. The papers are printed prior to the agenda index being set, so it -- it wouldn't work with the timing. CHAIRMAN CARTER: They have eight-day lead time, and that is not an issue that we can address. It's their publication schedule, and I think unfortunately that doesn't work in this case. I know all of this will come up in the budget process, but that will be a total package in terms of how you spend monies in this area and will that have a millage impact or not. I don't know during this conversation this morning. However -- and I'm going to ask legal. I would suspect that for any reason that somebody challenged us legally, I would like -- you don't have to go very far with that one to see that $27,300 certainly would not last very long if somebody wanted to challenge us, so Mr. Weigel, you might like to comment on that. MR. WEIGEL: Thank you. You know, we talk about having an agenda for the community use, service. That's different than the advertisement requirements that we have for ordinances, land-use matters, and things of that nature, which require advertisement in -- in a publication of general county circulation of which both the Everglades Echo and the Naples Daily News qualify as in-county publications. We still made choices, however, not to go solely with the Everglades Echo in regard to advertised requirements that we've had. The sunshine law requires -- does not even require an agenda for a meeting, although it recommends -- the attorney general opinions recommends that there be an agenda. Our making that agenda available to the public is a service that we provide and as Miss Fiala indicates probably would reduce some of the questions about not getting notice, even for those things Page 73 May 8, 2001 which are otherwise legally advertised and which we do. But this provides another form of notice which may reduce questions of opportunity to be aware of what the meetings are about. But ultimately we won't have a challenge whether we use any newspaper publication or not. But for those matters that require legally advertised -- legal advertisements of the county, yes, we usually want to use the one of better circulation. But this is actually a little bit apart from those kinds of challenges. We're not subject to challenge, but based on circulation, publication, timing, the big -- the big publications serve a very good purpose there. CHAIRMAN CARTER: Thank you, Counselor. Commissioner Coletta. COMMISSIONER COLETTA: Yes. Further note, if we do do this -- and I realize about the lead time that's necessary with the smaller papers that are published weekly or biweekly -- possibly we could put a notice in that paper that the agenda is available at such and such location. I would also recommend one other thing, too, and I think this would be a tremendous help to a lot of people is that we get IT to offer the agenda through a fax that could automatically go out in the evening hours to all of the people that would like to receive it. This would be a tremendous help. I know a lot of people don't know where to go get the agenda, but if it arrived at their place, they're paying for it with their own paper, it would be per their request. We can meet a lot of needs, and I -- I'm not opposed to the Naples Dailv News. CHAIRMAN CARTER: No. COMMISSIONER COLETTA-' It's a very generous offer. I just want to make sure needs of the rural area are also met. They've been -- they felt kind of disenfranchised by the fact that they don't get Channel 54, and they've been left out of a good part of Page 74 May 8, 2001 the process. This would give us a chance to bring them in, if we could put a small ad in there notifying them that a county meeting is taking place and that the agenda is available at -- this way or this way or this way and get it faxed, pick it up at the library, you can get it over the phone. COMMISSIONER MAC'KIE: Commissioner Coletta, how about if I amend my motion to direct staff to recommend methodology to -- to better communicate with the more rural parts of the county about the county agenda and ask them to make recommendations to us? I'm not endorsing any of the specific ones that you proposed, but I'd like to hear from staff about how we could do a better job. COMMISSIONER COLETTA: Could we possibly have staff bring that back with this proposal? COMMISSIONER MAC'KIE: It seems like we got to vote on today's proposal and then maybe give the staff the instructions to bring us back a rural notification plan. CHAIRMAN CARTER: I'm going to ask my county manager to comment because I believe in one of our workshops and one of our discussions was on outreach. How do you get to the community? How do you communicate? I think this is a piece of it. Tom. MR. OLLIFF: A great deal of that workshop item was related to land-use items and notification about land-use items as they work their way through the process. This particular case, if the board wants to go ahead with this item, you can. My suggestion to you is rather than spending more time in a board meeting talking about some of these smaller alternative items, that you just simply give us some direction to -- to go and pursue as many as we practically can in terms of getting the agenda index out to not only the rural, but urban areas in as many formats as we can. COMMISSIONER MAC'KIE: I'll amend my motion to that Page 75 May 8, 2001 effect and ask you to give us a written report on what the -- MR. OLLIFF: That's fine. CHAIRMAN CARTER: Second to you. COMMISSIONER FIALA: And I'll second it. CHAIRMAN CARTER: The second agrees. Any further discussion? All in favor signify by saying aye. (Unanimous response.) CHAIRMAN CARTER: Opposed by the same sign? Motion carries 5-0. Thank you. No, I think those are all excellent points. COMMISSIONER FIALA: You really are protecting your area. CHAIRMAN CARTER: And, again, the Nal~les Daily News was very cooperative in this effort. I think that's important here that - . and I will comment further under this under board communication -- they were cooperative, they worked with us so we could accomplish this part. That moves us to -- Item #10A RECONSIDERATION OF AGENDA ITEM 9B OF THE MARCH 27, 2001 PUBLIC MEETING REGARDING BOARD DIRECTION PERTAINING TO SECTION 163.3215, F.S. VERIFIED COMPLAINT FROM VANDERBILT SHORES CONDOMINIUM ASSOCIATION, INC., VANDERBILT CLUB CONDOMINIUM ASSOCIATION, INC., THE MANSIONS CONDOMINIUM ASSOCIATION, INC. GULF COVE CONDOMINIUM ASSOCIATION, INC., AND VANDERBILT BEACH AND BAY ASSOCIATION, INC. CHALLENGING THE COUNTY'S APPROVAL OF SDP-2000-108 FOR THE VANDERBILT BEACHCOMBER RESORT AS INCONSISTENT WITH THE COUNTY'S COMPREHENSIVE PLAN - CONTINUED TO MAY 22, 2001 Page 76 May 8, 2001 MR. WEIGEL: Mr. Chairman, if we could move temporarily to 10-A, which is the matter that was to be continued -- CHAIRMAN CARTER: Yes. MR. WEIGEL: -- per request. Everyone knows this to be continued. I don't believe it was officially continued in the change list this morning. So if you would do that. COMMISSIONER MAC'KIE: I move to continue Item 10-A to May 22. COMMISSIONER COLETTA: I second it. CHAIRMAN CARTER: We have a motion to officially make it a part of 10-A being part of the record. The motion was made by Commissioner Mac'Kie and seconded by Commissioner Coletta. COMMISSIONER MAC'KIE: My motion is to continue that item until May 22nd. CHAIRMAN CARTER: Discussion? All in favor signify by saying aye. (Unanimous response.) CHAIRMAN CARTER: Opposed by the same sign? Motion carries 5-0. Thank you. MR. WEIGEL: Thank you. Item #10B REQUEST TO INITIATE DISCUSSION WITH THE COLLIER COUNTY PUBLIC SCHOOL BOARD AND NAPLES COMMUNITY HOSPITAL REGARDING THE SCHOOL NURSING PROGRAM - APPROVED CHAIRMAN CARTER: Any other parts here that I need to -- to work on before I move to I O-B? That is Commissioner Coletta. COMMISSIONER COLETTA: Yes. Thank you. As you'll recall, we as a commission have agreed to individually work with Page 77 May 8, 2001 the public on issues of importance. I -- I was fortunate -- I believe I was fortunate to be designated by the commission to be the front person on the healthcare issue. As we have previously agreed -- agreed, I have put into progress a committee to help me with this, as you so directed. And at this point in the day, today I am asking for you to authorize me to go forward and initiate discussions with potential partners of this program to see if we can bring them in as far as how they can help with the administration and the financing of it. And that would be leading the talks with Naples Community Hospital, Cleveland Clinic, and also the school system. COMMISSIONER MAC'KIE'- So moved. COMMISSIONER COLETTA: Of course, I can make no decisions on my own. CHAIRMAN CARTER: We have a motion by Commissioner Coletta, a second by Commissioner Mac'Kie. COMMISSIONER HENNING: Discussion? CHAIRMAN CARTER: Discussion? COMMISSIONER HENNING: Who is on your health committee, Commissioner Coletta? COMMISSIONER COLETTA: Well, at this point in time, I'm glad you asked that, Commissioner Henning. It's the present health study committee and -- is in place at this point in time that's been advising me, and I'm going to be expanding that in the very near future. COMMISSIONER HENNING: Okay. Thank you. COMMISSIONER COLETTA: Thank you. CHAIRMAN CARTER: Further questions? All in favor signify by saying aye. (Unanimous response.) CHAIRMAN CARTER: Opposed by the same sign? Motion carries 5-0. That takes us to -- question? Page 78 May 8, 2001 COMMISSIONER HENNING: No. Commissioner Coletta, good work. Item #1 lCl I just was whispering to IMMOKALEE FRIENDSHIP HOUSE REQUEST TO BEGIN RENOVATION OF BUILDING PENDING RESOLUTION OF IMPACT FEE ISSUE - APPROVED CHAIRMAN CARTER: Oh. Got to watch the ears here. Okay. Takes us to 12-C, public hearings, 12-C-1. COMMISSIONER MAC'KIE: Do we have any public comment in general? MR. OLLIFF.' Yes, you do. CHAIRMAN CARTER: Let us then go to public speakers. MR. OLLIFF: You have two registered this morning, Ed Laudise followed by Bob Krasowski. CHAIRMAN CARTER: Wait a minute. I'm sorry. Do -- is this under public comment or 12-C-17 I apologize. MR. OLLIFF: Public comment. CHAIRMAN CARTER: Public comment, I apologize. Let's go to public comment. That's -- that's 11-C. MR. OLLIFF: Ed. MR. LAUDISE: Thank you, Commissioners. My name is Ed Laudise from the Immokalee Friendship House. I'm representing my agency on that -- on its behalf. I'll try to make it brief in the interest of economy of time. Well, there's been much discussion about the -- our interest in establishing a thrift store in respect -- in Immokalee. There's been much discussion on the impact fees. In the interest of us being able to provide a much-needed service to our community of Immokalee, I'd like to propose a way of continuing that project while we're still under discussion on the impact fees. Our Page 79 May 8, 2001 organization is addressing this challenge about the impact fees. However, in the interest of continuing the project, as I said, we are requesting that we be allowed to get a permit to continue or to start -- excuse me -- to start the necessary renovation of the building. For your information, right now the building is outside of code. It was bought under those conditions. We want to get that -- that moving. We want to have a safe structure on Main Street in Immokalee. We are not asking for any money, any contribution. We are simply asking to be able to get the permit so we can start while we negotiate and work on the mitigation of the impact fee. And we will make the certificate of occupation conditional upon the satisfaction of the board and staff on the impact fees. That is our request today, if we could -- COMMISSIONER COLETTA.' Who do we have from staff that could respond to that? MR. OLLIFF: I can. COMMISSIONER COLETTA'- Go ahead. MR. OLLIFF: It's a matter of ordinance where it is that the impact fees are paid. But I think as long as the board goes on record and states that there is a public purpose for the -- the action that you're getting ready to take. And, again, I would -- I would echo Ed's condition that prior to the issuance of a C.O. We be very clear about that, that the impact fee issue gets resolved, then I think your staff would be comfortable recommending approval of his request. COMMISSIONER COLETTA'. Okay. I would like to make that into a motion, if I may. COMMISSIONER MAC'KIE: I'll second it. CHAIRMAN CARTER: I have a motion by Commissioner Coletta. I have a second by Commissioner Mac'Kie. Discussion? Page 80 May 8, 2001 yOU, All in favor signify by saying aye. (Unanimous response.) CHAIRMAN CARTER: Motion parries -- passes 5-0. MR. LAUDISE: Thank you very much. Thank Item #1 lC2 BOB KRASOWSKI REGARDING SOLID WASTE AND RECYCLING MR. OLLIFF: The next speaker is Bob Krasowski. Mr. Krasowski will be followed by your last registered speaker under this item, Alex Brown. MR. KRASOWSKI: Hello, Commissioners. How are you doing today? I'm Bob Krasowski. I have a couple of issues I'd like to address regarding the solid waste issue. But before I start I'd like to comment on the previous gentleman's request. And as you probably know, but aren't putting together, anything material that goes through a resale shop or a thrift shop is material diverted from the landfill. Now, part of the proposal of zero waste, which we've discussed in the past, is to incorporate these type of facilities into the waste diversion stream. So this gentleman here is asking for, you know, some assistance to provide an opportunity to open a thrift shop as a public service out in Immokalee. It -- it has a component of the value to us. And then also the old adage "If you give a man a fish, he eats for a day." you give a facility like this, a thrift shop, and they can take care of themselves for quite awhile and help us in general. Okay? So that's all I want to say about that. Today I come before you in regard to the solid waste issue. And since the issues surrounding our present effort to identify a process of wasted materials management, since those issues are Page 81 May 8, 2001 so complex, I believe it's necessary for me to visit with you under this public comment part of the agenda even when the issues aren't -- aren't put on the agenda by yourself or the staff or by public petition. Today I'd like to speak on a couple of issues. I've learned recently that as part of our ongoing collection of information, the amount of approximately eighty -- $80,000 will be spent to retain Malcolm Pirnie to collect additional information on those proposals that had already been presented to you at the -- at the meeting two weeks ago. And I question whether or not we should pursue that path right now, getting this detailed information on the incineration component and the shipping out by train component before we do the preliminary investigation, the second request for additional information that is part of the effort for information that is identified by the solid waste department as being an RFEI or request for information on C and D processing, construction demolition processing, on horticultural composting, and on addition -- additional element, recycling technologies, that was not included in the executive summary of the previous meeting but apparently is within the parameters of solid waste department to include so they can meet your request to get as -- you know, all the relevant in -- information in. So what I am suggesting -- and it's -- it doesn't -- it's not contrary to anything you've already moved on -- is that Malcolm Pirnie at a point now or later at your discretion, of course, pursue the greater details of the -- the incineration aspect of all this and that another consultant be given the task to advertise and bring in information on the recycling technologies, the horticultural composting, and the C and D aspect of that. Before you a few weeks ago Malcolm Pirnie presented and implied, suggested, actually stated, that incineration was a poor technology because Page 82 May 8, 2001 it handled a majority of the waste without the need for any further processing. Well, that's not accurate. And it makes Malcolm -- it makes incineration an ancillary technology like recycling. Malcolm Pirnie identified recycling as an ancillary technology as opposed to the core of incineration. So that's their position; that's what they want to communicate; that's what they want to say. We need somebody else to come along, another consultant, and correct that because, looking at the information that's available through the State of Florida, as an example, Lee County, which I mentioned to you last time, the diagrams that show how the different portions of the waste stream are handled, show that recycling has a higher percentage than the -- than incineration as far as being handled and no technology offer -- handles a majority of the waste, none, not recycling, not composting. You have to put them together to get something. And the incineration technology requires a landfill because you have this ash. You have a high volume of reduction of the materials that are handled in incinerators. The weight reduction is not quite as much. You still have a high weight, and you have this ash which concentrates and is a problematic material. So I've talked to the solid waste department. That's an option. It's a possibility. I wanted to make you aware of the concern and the issue. CHAIRMAN CARTER: Can -- can you wrap up, sir? MR. KRASOWSKI: Sure. CHAIRMAN CARTER: I would appreciate it. I mean-- MR. KRASOWSKI: I'm sorry. I have this five-minute limit. also make you aware that next week -- I'm going tomorrow to petition the county manager so that I can come to you under a public petition so I can get 15 minutes and do a whole dog and pony show up here for you. And, let's see, I've also obtained I'll Page 83 May 8, 2001 copies of the green model project that apparently some aspects of that were left out of the Malcolm Pirnie review, and it's very interesting material. I don't want to endorse it, but it's certainly - - would be of benefit to you to see that. Nice seeing you again and hope to see you around. CHAIRMAN CARTER: Thank you, Bob. I -- I -- I believe it would be appropriate for Mr. Mudd to make some comments at this point on -- on the situation. We appreciate your comments, Mr. Krasowski, but I do, in all due respect, think that our director of public utilities might have some additional thoughts to share. MR. MUDD: We are -- we are taking a look at the workload that we have out for consultants. It -- it pays us great dividends not to get just one idea, but to get several. That's why we brought CDM to take a look at the landfill issue in Glades County, and you've sent the letter to their chair to -- to open a dialogue. We're looking at the workloads right now and taking a look at which -- which contractors are best suited to do that additional request for recyclables, biomass, construction and demolition material right now. So we're going through that process. We haven't awarded the contract, nor have we done the purchase order for that process yet. We're still receiving bids from those folks to determine which one is the best one to use. CHAIRMAN CARTER: Questions for Mr. Mudd? MR. MUDD: And one other -- one other correction real quick. I didn't bring it up last time, but I'll bring it up this time because it was mentioned at this -- in this forum. That pie chart that you got from Lee County that talks about recyclables, part of that recycling is the -- the back end of the waste energy plant at 15 percent of those metals and things, given that requirement. They don't get those kind of recycling percentages at curbside. CHAIRMAN CARTER: Thank you. Item #1 lC3 Page 84 May 8, 2001 ALEX BROWN REGARDING COLLIER COUNTY BUS SYSTEM SHELTERS MR. OLLIFF: Your next -- your next speaker is Alex Brown. MR. BROWN: Good morning, Commissioners. CHAIRMAN CARTER: Good morning. MR. BROWN: I'd just like to make a statement. Thank you for letting me make -- hear my opinion on the Collier County bus system. As I understand that yesterday -- talked about Lee County -- that there's 2,000 school bus stops being terminated in Lee County, and they canceled them. They have many qualified shelters that were offered to Collier County here for free, but you refused to take them. Because they do not fit the motif of the CAT system, CAT transit system refused them. And the weather yesterday, while I was taking the bus, was 88 degrees and sunny and windy. And those shelters could be used here and now. And -- but it seems that they don't fit the motif that -- that is properly wanted by Collier County. They -- it seems that -- talking with several people involved in the system, it seems that the gist of it is is that they want to have them sent out and gone to a designer so a designer can design a unique system or a unique shelter, bus shelter, so it can be done for Collier County alone. So a designer can done it -- can do it, and then the commission can approve the design. And it can be sent to a manufacturer, and then bids can be put on the shelter and contractor can put out bids to put on installing it. And in the meantime you have a -- elderly and disabled in the regular working class suffering through the -- the intense sun, the rain, and the wind and everything, suffering through all this issue when Lee County is offering those shelters for free. Page 85 May 8, 2001 COMMISSIONER MAC'KIE.' You keep saying Lee County is offering us shelters? MR. BROWN: Absolutely, for free. COMMISSIONER MAC'KIE: All I knew about was that the Jaycees were offering us kind of not attractive shelters. CHAIRMAN CARTER: When he --when he finishes I will ask transportation to address that. MR. BROWN: We have plenty of inmates over here and, plus, the people on the -- nonviolent inmates that could clean any graffiti up on them and as well as maintain them in case any graffiti and put their decals for the CAT on there to make them properly identified as their CAT motif, plus for the extra buses or something, DaimlerChrysler has buses that they're using with a hydrogen cell that they've already given 50 buses last year to London and several other big cities, and they're giving 500 by this -- to London and other cities this year. They run on a hydrogen cell that maybe Collier County might be interested in applying for an experimental test bus that run on a hydrogen cell; it produces electricity. It runs off an electric motor. It's not a pollutant. It runs off of steam is the only exhaust, I mean. It runs off of electricity. The other point, it would save taxpayers quite a bit of money if we got those free shelters, plus it would save everybody a lot of money and time and pain from being exposed to the sun and the elements outside. And one last note was that the -- I understand that the -- the drivers themselves after fighting traffic all day long are making $3 less an hour than the school bus drivers. And that's pretty much our-- really all I wanted to say is that you have the power to use the inmates and the community hour services instead of using -- take up the county workers and have them sent as a daily routine, keep them maintained, and have graffiti -- daily graffiti watch, if there's anything done, there Page 86 May 8, 2001 was gangs or anything spray paint them or do any abuse to them so they're constantly maintained so that the shelters could be done and put in use, especially since rainy season's come up -- and put in use as quickly as possible, because they're not even at the hub center at Vo-Tech there's -- are rain shelters or seats for anybody. CHAIRMAN CARTER: Thank you for your comments, sir, and I will ask transportation to reply to -- to most of that. So thank you very much for sharing with us. MR. BROWN: And that's why I had the comment about Immokalee, because it's transit funds that was from the federal and state being transferred to homes. CHAIRMAN CARTER: Okay. Thank you. Our guests in the county jail, if they're pretrial, we -- it's much like, you know, you're a guest in the Hilton. We're not going to ask you to do any work while you're waiting to go to trial. I guess that's a law that doesn't allow us to use people on that -- on that basis, so we do have limited access to those resources. Mr. Feder, would you comment on the shelter issue, please. MR. BROWN: But you have sentenced -- you have sentenced inmates. CHAIRMAN CARTER: Yes. And we have them busy on cleaning up right-of-ways and things. MR. FEDER: For the record, Norman Feder, transportation administrator. David Hope has been sent away twice, and we've done well on our timing. What I will point out to you is that we are in the process right now of finalizing an RFP, request for proposal, that will be coming back to the board to go out on shelters. We have some funds that based on the results of that RFP and the response to that -- and hopefully we can expend before the end of this fiscal year on some shelters. Page 87 May 8, 2001 But it should be noted a couple of things: First of all, the buses have not been up and operating all that long, and we need to have some of that operational information and experience to be able to determine where we need to place the shelters. We just don't want to be putting indiscriminately shelters around the town. The second part is that we made a strong commitment to the community, the full community, that the system was going to be something that was part of the community character of this area. The shelters that Lee County are removing are ones that they're pulling out of their system. They are the type of shelters that are not necessarily -- at least going into the RFP and into this process with the community that we're necessarily looking at because they do present a number of problems; glare on -- on roadways, basically, their appearance, and the opportunity for graffiti, which seems to end up on them all the time. So there -- there's a number of reasons that we haven't necessarily moved on that. We haven't discounted anything at this point, but we're continuing to pursue as our prior direction and, more importantly, we need to understand where those shelters need to be before we can be in that process of putting them up. CHAIRMAN CARTER: Do we have any places where we're relatively sure at this point -- I guess would be part of my question. The second would be, could -- is it possible to take some of these in anticipation as a positive -- in the possibility of refurbish them to meet our standards? MR. FEDER: We'll take a look at just those options. As I said, we have not discounted anything and won't. Some places are obvious right now. But the one thing we didn't want to do -- as an example, in some of the areas that were raised, is have a -- a different system that we're structuring throughout the community. We wanted to be consistent throughout. But having Page 88 May 8, 2001 said that, if we're looking at a temporary situation, we'll continue to look at that and see what the options are in some of the more obvious locations. CHAIRMAN CARTER: Well, speaking for myself, I would appreciate an update to let us know -- let me know, at least, where you are on that because I think the gentleman makes a good point. As you get into a rainy season -- if you do have some areas that would work, I would appreciate it. MR. FEDER: Thank you. CHAIRMAN CARTER: Other questions of the board? Item #12Cl ORDINANCE 2001-25, RELATING TO AN ADDITIONAL ONE-HALF PERCENT LOCAL GOVERNMENT INFRASTRUCTURE DISCRETIONARY SALES SURTAX TO FUND ROAD PROJECTS - ADOPTED All right. Now, we can move to Item 12-C-1. Do we have any public speakers, Mr. Olliff? MR. OLLIFF: No, sir. I'm sorry. Yeah, you do, Bill Moss. CHAIRMAN CARTER: Yes. I wanted to recognize Mr. Moss this morning because the city council of Marco city passed a resolution last night supporting the one-half percent local government discretionary sales tax. So we want to publicly thank you for that, Mr. Moss, and have you -- give you an opportunity to present that resolution to the board this morning. MR. MOSS: Thank you, Chairman. Again, I'm Bill Moss. I'm the city manager of Marco Island representing the Marco Island city council. Our chairman, Glen Tucker, apologizes that he could not be here this morning to present this himself. He did ask that I convey to you that last night the Marco Island City Council adopted by unanimous vote a resolution supporting the Page 89 May 8, 2001 board's enactment of the one-half percent local government infrastructure discretionary sales surtax. Our city council is also urging the Collier County electorate to support its enactment through referendum. Our council believes this is an excellent means of providing funding for transportation enhancements in Collier County, and we think this is one of the more unique ways to allow our many visitors to share in the costs of Collier County road improvements. Thank you very much. CHAIRMAN CARTER: Thank you, Mr. Moss. That certainly is encouraging to me and I'm sure the rest of the board. What took place last night -- and I think it's particularly important when we have a city that does this for us because they are a high tourist area. You're going to get a lot of people going there who on a sales tax basis contribute to this. And also if you look at an ad valorem tax basis, they are what we call a donor community. That means they pay far more in taxes than they ever receive, so it's encouraging to hear a group like that step up to the plate and unanimously -- and that's almost a first for Marco city --. MR. MOSS: Yes. CHAIRMAN CARTER: -- to do that. So I -- we thank you publicly, Mr. Moss and to your chairman, Mr. Tucker, and to the members of council for being so supportive of meeting an issue. This is not a tax situation; it is an issue that we have to deal with, and that's why we're so appreciative. Thank you. MR. MOSS: Thank you, sir. CHAIRMAN CARTER: Mr. McNees. MR. McNEES: Mr. Chairman, Commissioners, Mike McNees from the county manager's office. Just here today to formalize your prior direction, which was to move in towards a referendum to adopt this one -half percent. I'll just call it the sales tax. We have also had discussions preliminarily with the Page 90 May 8, 2001 representatives of the City of Naples, and I bring to you today one recommended change to the referendum language that you have in your ordinance that's in your agenda package. And I'll read it into the record. I have given you each a copy. It looks like this (indicating), the sheet I just handed out with the red words on it would be the ones that the city asked for. They had a concern that there were certain types of projects that they were interested in adding to their specific list of the things that they would do with their share of the money that they weren't sure that this language would allow for that. So we have added at the end of the referendum question simply "and utilities improvements in the public rights-of-way." so we are still only talking about projects related to exactly that, public right-of-way, that road right-of-way. And they were more comfortable with that language. We were happy to oblige them if it made those folks more comfortable with the referendum question. So we have done that. The City of Marco Island has also indicated that this language is suitable to them, and we're certainly grateful to them for their support in advance of this issue. Heidi Ashton is here from the attorney's office who actually drafted your ordinance and your referendum question. We're happy to answer any questions that you have. At this point it's -- we're just asking you to adopt this ordinance from which point we will go forward and organize an informational effort and report back to you in that regard. COMMISSIONER MAC'KIE: I have two questions. CHAIRMAN CARTER: Yes, Commissioner Mac'Kie. COMMISSIONER MAC'KIE: Both of them really have to do with legal issues. One is will the blank be filled in, the ordinance, number 2001, dash, blank, will that be filled in before a vote is asked for? Page 91 May 8, 2001 MR. WEIGEL: It will be. The number will be assigned if it's adopted today. COMMISSIONER MAC'KIE: Okay. MR. WEIGEL: It will be assigned by the clerk's office immediately following the meeting. COMMISSIONER MAC'KIE: And the other question that I have, David, has to do with -- I just want to be sure we're not limiting ourselves in any way with this language where we say "shall we have this tax to finance, plan and construct, reconstruct or improve needed road infrastructure, which includes," should we say, "without limitations"? Should we say something there? Because it doesn't just include these things. It may include -- I don't know. I just ask the question. I don't want to complicate things. I know it's very sensitive with the number of words, etc. But I'm a little worried about that. MR. WEIGEL: Yeah, a fair question. I think if we said "which includes without limitation" or language of that nature, it may lend itself for fear of it being too broad. And we've attempted to provide some example. But infrastructure and road infrastructure are terms of art and statutory terms, and Miss Ashton may wish to add to that. I think from that standpoint we would try to be somewhat iljustrative but not open the flood gate, if you will, to unbridled application there. MS. ASHTON: We can certainly put the language in, "without limitation," if you feel more comfortable with that. When we drafted this, this tracks the language in the statute. The statute defines infrastructure broadly, but then it refers to the three categories of land acquisition; land improvement, design, and engineering costs. So I tracked what was in the statute to try to keep it broad but within the language of the statute. COMMISSIONER MAC'KIE: But I -- I don't want to make a Page 92 May 8, 2001 change if there is a statutory framework to rely on it. And I assume there have been interpretations of that, and then I guess my only other question -- nope, I'm just going to leave it alone. Yes. CHAIRMAN CARTER: Thank you. Because we have met with the cities on this, and everybody was comfortable with the statutory language as it was outlined. MR. McNEES: If I can -- if I could amplify that, this is an interpretation of the statutory language. This is the statutory language. COMMISSIONER MAC'KIE: This is the language, and that's good. MR. McNEES: So we're limited by those words anyway. CHAIRMAN CARTER: All right. Any other questions on the part of the board? COMMISSIONER COLETTA.' Yes. CHAIRMAN CARTER: Commissioner Coletta. COMMISSIONER COLETTA: This is to Norm Feder. Norm, this will probably be the last chance we get to discuss this in an open forum. This ends and moves it forward and doesn't come back again; is this correct? CHAIRMAN CARTER: Yeah. This -- this enables us to go forward with the ordinance language to put it on the ballot November 6, but the information process of which to reach the public will be coming back in front of us to discuss. COMMISSIONER COLETTA: Then I'll hold my questions until that time. COMMISSIONER MAC'KIE: Motion to approve the recommended language delivered by Mr. McNees. CHAIRMAN CARTER: I'll second that. Discussion? Hearing none, all in favor signify by saying aye. Page 93 May 8, 2001 (Unanimous response.). CHAIRMAN CARTER: Opposed by the same sign? Motion carries 5-0. Thank you for your work. Thank you again, Mr. Moss. I might also add that Mr. McNees and myself and Mr. Feder met with the editorial board yesterday at the Naples Daily News. It was a very productive meeting. They certainly asked all the right questions. We felt that we were very candid in explaining where we were going and how we were going to do this. And I compliment the editorial board for inviting us to come and visit with them prior to us passing this motion this morning. So it was a spirit of cooperation. They have to do due diligence and report balance -- balance presentation to the community. But I am -- I am pleased to say that we found it a very productive and positive meeting. Item #12C2 ORDINANCE 2001-26, AMENDING ORDINANCE 93-48 ALSO CITED AS CODE OF LAWS AND ORDINANCES SECTION 126-28, PURSUANT TO SECTION 336.025, FLORIDA STATUTES, PROVIDING FOR THE EXTENSION FOR TWENTY YEARS OF THE FIVE CENTS OF ADDITIONAL LOCAL OPTION GAS TAX UPON EVERY GALLON OF MOTOR FUEL SOLD IN COLLIER COUNTY - ADOPTED Let us move to the next item. That is C-2. COMMISSIONER MAC'KIE: Motion to approve the ordinance amending 93-48 in accordance with the staff report. CHAIRMAN CARTER: I'll second that. Questions? COMMISSIONER HENNING: Yes. I just want to clarify that. I know it was clarified before that this never was a referendum. Page 94 May 8, 2001 It was a option by the counties to implement a 5-cent gas tax not going to a referendum. CHAIRMAN CARTER: Yes. This is -- and this move by us is a continuance of an already existing 5-cent-per-gallon tax. It's been in effect for years and years and years. We're just continuing it forward to be a part of paying for all of our road infrastructure. COMMISSIONER HENNING: And -- and never was a referendum question. CHAIRMAN CARTER: Not to my knowledge. COMMISSIONER HENNING: No? MR. OLLIFF: I don't think so. CHAIRMAN CARTER: No. Any other questions? All in favor of the motion, signify by saying aye. (Unanimous response.) CHAIRMAN CARTER: Opposed by the same sign? Motion carries 5-0. Item #14A COUNTY MANAGER REGARDING PROPOSED CHANGES TO BCC AGENDA FORMAT That takes us down to staff communications. COMMISSIONER MAC'KIE: Not only has the Marco Island City Council done something unanimous, we're going to actually be finished by lunchtime. COMMISSIONER FIALA: No. CHAIRMAN CARTER: Yes, we are. COMMISSIONER MAC'KIE: It can happen. CHAIRMAN CARTER: It can happen. We're close. MR. OLLIFF: Mr. Chairman, I talked to each of you Page 95 May 8, 2001 individually about this. This is a follow-up item to some proposed agenda changes that you had asked me to look at our -- our entire agenda process and bring back some proposed changes to you. I won't walk you through each and every one of these, but I will just tell you, in essence, the mission that I am bringing back to you in terms of the -- the changes is to try and put those items that we think are those that -- that generate the most public interest and generate the most public participation at the beginning of your agenda. If you'll look at your agenda in the index today, a lot of the items -- for example, public comment, a lot of the public hearing items that usually are of community interest are at the back end of your agenda, and I think that, frankly, just sends the wrong message. And so a lot of the recommended changes here moves those items to the very beginning of your agenda so that public petitions and comments would be combined and put at the first part of your agenda. The second item would be public hearing items. The second -- the third actual substantive portion of your agenda would be the BCC section. And from -- from my perspective over the course of sitting in these board meetings for -- for 17 years, I'll tell you that those three items are the ones that generate public attention. I think they ought to be first on your agenda. The only other thing that I'll highlight for you that I think may generate some discussion is No. 7 on your bullet list on your second page there. And this is a fairly significant type change. It is a -- a recommendation that we follow the general practice of both the City of Naples and the City of Marco. In order to place items on your agenda, under the Board of County Commissioners' section are -- in those particular cases, the city's -- council's portion of the agenda, they've actually got a separate section of their agenda called "future agendas." councilpersons or Page 96 May 8, 2001 commissioners would be requested to put their items under what's called "future agendas," and a majority of the board would need to vote and decide that it was going to be placed on the subsequent board meeting agenda. The only exception to that, if you look under Section C of the Marco city code right in the middle of the page there, are items that would be limited to emergencies, public safety, or time-sensitive items could be placed by a board member voted on at the beginning of the meeting by the majority of the board and added if they are time sensitive need to be placed and heard on that -- that particular meeting. COMMISSIONER MAC'KIE: Can I ask a question about that, Tom? You're not in any way limiting the next item on today's agenda which is just board communications; the -- the thing that you're proposing -- because we can always talk about anything under board communications. But when it's an action item, when it goes on the part of the agenda that requires us to take a vote, it's -- I -- I would add to Tom's thoughts that we will be better prepared to make decisions if we have a little backup in the agenda from the person who's suggesting it and if we have a little notice that it's coming. I -- I think-- I think it's a great idea and while I got the floor, I'm just going to go ahead and say this is a fabulous day because we are not only doing changes to the -- it -- you remember, Commissioner Carter, how hard I tried to do this when I was the chairman. I wanted desperately to make these changes. Your former board would not agree to it. We've got community character today. We're doing all the right things. I'm so excited about them. This is a real improvement that will benefit the public. CHAIRMAN CARTER: I concur, Commissioner Mac'Kie. And, you know, when we had the shift in the new alignment, one of my top priorities with Tom Olliff was let's get this agenda cleaned up Page 97 May 8, 2001 because it's a nightmare. And I compliment you, Mr. Olliff, for bringing this to us. I -- as I said it to you privately, I say it in public. I support it. COMMISSIONER MAC'KIE: Ditto. CHAIRMAN CARTER: Commissioner Fiala. COMMISSIONER FIALA: Yes. Just one question, please. Boy, the voice is going now, isn't it? CHAIRMAN CARTER: Yeah. COMMISSIONER FIALA: Say, for instance, there's a subject or a topic that's extremely important to Jim Coletta, for instance, and he wants to bring it forward and it's something that's just a passion with him and his community. This means, then that if nobody else agrees with him he can't bring it forward; is that correct? CHAIRMAN CARTER: No, ma'am, he can bring it up under board communications. COMMISSIONER FIALA: Okay. CHAIRMAN CARTER: Board communications. COMMISSIONER MAC'KIE: He can't -- he couldn't bring it to a vote of the county commission. COMMISSIONER COLETTA: You're bringing this to us today for action today? MR. OLLIFF: I'm asking you to look at it and give me some direction today. Hopefully this -- this doesn't really take a vote, in my opinion. It's simply an agenda that I manage for you. If the board's in favor of these type changes, then I would propose that we make these changes effective the first meeting in June. COMMISSIONER MAC'KIE: Well, I'm in favor. COMMISSIONER COLETTA: not through yet. COMMISSIONER MAC'KIE: COMMISSIONER COLETTA: Can I make one suggestion? I'm Sorry. If we could, we could possibly Page 98 May 8, 2001 talk -- talk it over separately with you. I mean, I haven't had a chance to really read it. And I hate to take action on this right now without reviewing it. I just received it at this time. And maybe I could have a discussion with you, and we could bring it up at the next meeting to be able to move forward on it. COMMISSIONER MAC'KIE: I've had a chance to meet with Tom privately about it. As far as I'm concerned, I'd like to give him instruction to go forward, and if you have changes that you want to bring back to the board under communications, you know, then if there's something you don't like about this, how about you tell us at the next meeting. COMMISSIONER COLETTA: Well, you're asking me to vote for something I haven't had a chance to read yet. CHAIRMAN CARTER: We don't have to take a vote. It's -- we're giving staff direction to pursue this. COMMISSIONER COLETTA: Fine, that's no problem. CHAIRMAN CARTER: And -- and he can come to you. And if you have changes, it can be incorporated. What we're doing is trying to move it forward so we can get this ready for June 1 providing that you are comfortable with it, Commissioner. MR. OLLIFF: And there is a meeting on May 22nd between now and when I would propose making these changes, so if there's substantive -- CHAIRMAN CARTER: If there's any wrinkles in here, you know, fine. So I think I see -- I get three nods. Thank you. MR. OLLIFF: Okay. COMMISSIONER MAC'KIE: Excellent, excellent, excellent. Item #14B BCC/LEE COUNTY/CITY OF BONITA JOINT MEETING TO BE HELD IN JUNE Page 99 May 8, 2001 MR. OLLIFF: The only other item I have while I'm still standing here is, there is some confusion, I believe, in terms of the board's direction or desire in terms of follow-up meetings with Lee County and the city of Bonita Springs. When we left our last joint meeting, it was our impression that the meeting that was being posed by Dr. Merwin of FGCU to be held in June would be the one meeting that would be a legislative delegation follow- up type meeting that he was trying to structure but that we would also try and strap on those last two or three items that we did not get to as part of that -- that first meeting. And assuming that's -- that's the direction that this board would like to proceed with, we will still try and work with Dr. Merwin and with our counterparts in Lee County and the city of Bonita to see if we can't get consensus to add to the back end of that meeting those remaining agenda items. CHAIRMAN CARTER: I don't have a problem with it. COMMISSIONER MAC'KIE: I like it. CHAIRMAN CARTER: I see three, four nods here, so away we go. Item #14C COUNTY ATTORNEY RE LEGISLATION REGARDING TOURIST DEVELOPMENT FUNDING Mr. Weigel, do you have anything to share with us? MR. WEIGEL: I don't, but my chief assistant does. He has a couple of matters to bring to your attention. Thank you. MR. MANALICH: Good afternoon, Mr. Chairman, Commissioners. Very briefly we'd like to get your direction on two items. First, we'd like to get your approval to send a request for attorney general opinion regarding the use of TDC funds for Page 100 May 8, 2001 acquisition of conservation or preservation lands. Under the TDC statute, that's not completely clear. We think there are some good arguments why TDC funds could be used in that manner, particularly, for example, the outparcel which is still a pending item, which I don't want to discuss now. But we'd like to put that question to the attorney general as to the interpretation through the use of those funds for those types of acquisitions. COMMISSIONER MAC'KIE: I support that. COMMISSIONER FIALA: Me too. CHAIRMAN CARTER: I don't have a problem with that, but I understand there was a piece of legislation that was just passed that may -- that's got to be signed by the governor yet. But that may give us an enormous amount of flexibility in terms of dealing with this. MR. WEIGEL: Well, that's right. In fact, you're stealing the little comment I was going to insert in here. CHAIRMAN CARTER: Excuse me. Sorry, Counsel. MR. WEIGEL: That's fine. It's actually commissioners' prerogative, but I was going to comment that our office had the privilege of working with Miss Mac'Kie on that little piece of legislation. And through her efforts and yeoman efforts, I think particularly Mr. Goodlette in the house, that was passed this past Thursday, and it may provide for another type of funding source for a tourist impact fee toward acquisition of green space. This is kind of a parallel thing. Tourist tax monies as opposed to the other kind of monies for tourist related properties, and the other one is more related to -- well, it's related to areas of critical state concern which can be the same kinds of properties. So we're looking to add to our potential armory here of funding sources for these things. CHAIRMAN CARTER: So in the legal world it may be an Page 101 May 8, 2001 either/or, and what we're doing is broadening our opportunities is what you're telling us. MR. WEIGEL: That's right. CHAIRMAN CARTER: That's fine. Thank you. Sorry to step on your line. Item #14D COUNTY ATTORNEY TO AMEND PUBLIC NUISANCE ABATEMENT ORDINANCE MR. MANALICH: The other item had to do with the public nuisance abatement law and the nuisance abatement board that we have created in the county. At the time that ordinance was created, the statute did not authorize the imposition of fines to abate nuisances. In talking with Michelle Arnold, code enforcement staff, she believes that would be a very effective tool that we could use. What we would like is your approval to advertise an ordinance amendment to incorporate those statutory changes, most specifically the fines, to the nuisance abatement process. COMMISSIONER MAC'KIE: COMMISSIONER HENNING: Yes. Please move forward on that. CHAIRMAN CARTER: Yes, sir. MR. MANALICH: Thank you. CHAIRMAN CARTER: I don't think you have any problem there. Item #15A COMMENTS BY COMMISSIONER FIALA REGARDING MIRASOL PUD Page 102 May 8, 2001 Board communications, Commissioner Fiala. COMMISSIONER FIALA: All right. Yes. I do have something, as a matter of fact. I hope you don't mind if I read this rather than just talk spontaneously. CHAIRMAN CARTER: God made sure what we can't, so you go ahead. COMMISSIONER FIALA: Since our last board meeting, I've been agonizing over the Mirasol vote. The reason we probably all voted for the rezone was because it enhanced the flow-way which was everybody's -- which had everybody's attention. We heard testimony from a Bonita resident and from Nancy Payton in favor of this PUD, but I have questions that are still eating at me. My biggest concern was the fact that we were only looking at one project instead of the three surrounding PUDs when we addressed road impact. We heard that this project would bring Immokalee Road to a level of service D after expansion. You probably all saw the picture in the paper this weekend about what Immokalee Road looks like now. I asked what would happen when all the projects were built. What would the level of service be then? It was explained to me that our current land development code only allows us to address the project before us, that particular project. I'm concerned with what will happen to that road because we didn't take a comprehensive look. This needs to be changed, in my opinion, and it needs to be changed now, not next year. In order to manage our growth responsibly and effectively, we need to see the whole picture. Secondly, by virtue of the 799 home sites, rather than 800, Mirasol has no obligation to address the work-force housing issue. They, along with the other surrounding PUDs, will be employing lawn maintenance people, restaurant employees, golf course groundskeepers, etc., plus the individual homes will have Page 103 May 8, 200'1 need for lawn maintenance, pool maintenance, housekeepers, and so forth. Where are these service people going to live? They should be able to live and school their children close to their place of employment at a reasonable rent rate and -- or home rate. We talk about our clogged roads, yet we don't provide work- force housing close to construction, hotels, restaurants, hospitals, etc. Instead, these heart -- hard-working folks have to drive across town and across the county line. It was explained that we cannot force developers to provide work-force housing on their PUDs, and I think that needs to be changed. And now is the time to begin. So although I voted in favor of Mirasol, strictly because of the improved flow-way and the effort the developer had made to make that flow-way happen, I think we are handling our growth, our develop -- the way we are handling our growth and our development really needs to be changed. And, Tom, I'd like to ask you to gather your staff together, whomever you need -- if this board agrees with me -- and see what we can do about solving these problems instead of continuing on the way we are or even looking the other way, and let's give that a time limit. If this board supports me on this issue, then I know we will all lend our support to you in whatever way you need it. And, Commissioner Carter, thanks for letting me get this off my chest. CHAIRMAN CARTER: Well, thank you, Commissioner Fiala. With all due respect, I think we are moving in all those fronts, through the workshops, the land development codes, zoning changes, growth management plan issues, to deal with that. What we had to do was deal with what we have today. It did involve three projects, if I remember correctly. It was not just one. It was an opportunity to address 100 individual parcels that otherwise had a reasonable expectation of access to Immokalee Page 104 May 8, 2001 Road. Now, that doesn't mean in all cases that could have happened. But I think -- and I share your concerns. What is this magic 799 level? But in legislation currently that was in this -- in this period, I believe the DRIs have been -- that language has been significantly changed at the state level or is in the process of being redone or rethought in such a way that that will go away. It will become more a Regional Planning Council activity than it has in the past. So there's -- there's a lot of variables moving here. And to try to force any private property owner to set aside affordable housing as a part of a project, I think, steps outside of the boundaries of which we can achieve. Now, as commissioners, in looking at future land use issues, as we open up the rural fringe and the rural areas -- and we may have some opportunities to begin to work with some land uses on that basis. And I concur, yes, there would be a lot of service people going anywhere into any of those areas. So -- but, Mr. Olliff, you may want to comment further on that. I thought we operate within our framework of the law. Commissioner Mac'Kie. COMMISSIONER MAC'KIE: Just to add with what you said, I absolutely agree with every point you made, Commissioner Fiala. I think, though, a week from today we will be discussing the strategies for work-force housing. We need to be creative and outside the box there. And I think that clearly at the transportation workshop we've already given the instructions to staff that we don't want to play the "5 percent of one project impact" game anymore. COMMISSIONER FIALA: On the level of service roads you mean? COMMISSIONER MAC'KIE: Yes, ma'am. And so I -- I support what you said and think we have given one piece of direction already, and we'll have the opportunity a week from today to give Page 105 May 8, 2001 some direction on work-force housing. COMMISSIONER FIALA: Well, and will that direction, by the way, allow us to look at a comprehensive plan rather than just that one particular -- now, we had three other surrounding Mirasol. And if, for instance, they all built 799 homes, and as we looked at each one they only impacted it to a level of service D, after the road was improved, by the way. Now, what happens when you look at all four? COMMISSIONER MAC'KIE: Here's what happens, Commissioner, is -- is right now that 5 percent game means that each project is looked at separately to see if it has more than 5 percent of an impact that would send it over its level of service. And that is no good. But what would happen if we go to the new way we've told staff to do it is, when Project No. I comes in, if 799 homes won't send the road over level of service, it's okay. If the next one doesn't, it's okay. If the third one is the one that kicks in and it says, "Huh-oh, this is the project that's -- you know, the straw that breaks the camel's back," then that project has to get told no. You know, and we can't look at -- we can't anticipate what the next guy's going to bring in. We have to bring -- we have to look at the projects as they come to us. But if we get that comp. Plan change, we will have the opportunity to know-- I love Mr. Mudd's -- he talks about using it as a checkbook. We're going to have a -- the way I see it, we're going to have -- like we're going to have on sewer, we'll have on roads a checkbook system that we'll know when we get to the entry that gets us overdrawn, and that -- that will address what you're - - what you're worried about. MR. OLLIFF.' But probably more importantly than when you get overdrawn, you will know well in advance when you're heading that way and -- and from a planning perspective for us to know is our -- our hope is you never want to get in a position Page 106 May 8, 2001 where you -- you are saying no and -- and, you know, reacting to stoppages of development in a drastic kind of way like we were looking at with the wastewater plant. The goal is for us to do a better job of advanced public facility planning and construction so that we don't get in that spot. CHAIRMAN CARTER: I think it -- it -- what happens is, through the -- through the concurrency changes we're going to be addressing what we call capacity, and we're going to be able to establish a framework of what that means in total, not individually and that's -- those become the thresholds in anticipation of. So all your -- all your questions you raise are very valid, but I think we're beginning to address those, and we've got to take it through the system of our workshops and finally to land development codes, to zoning, to the growth management plan, which takes about 18 months to -- to accomplish. CHAIRMAN CARTER: Okay. Commissioner Coletta. COMMISSIONER COLETTA: Thank you. I want to commend you, Donna, for -- you're the best advocate for affordable housing we're ever going to have in Collier County. And when we -- then they were before us with Mirasol, I -- I made sure that they understood that they would be bound by any changes that we made before they come to permitting. And I'm kind of hoping that when we get to our affordable house -- affordable housing workshop, that we seriously entertain an impact fee for affordable housing. And at that point in time they come we'll have the money, we'll be able to bring the cost of land down close to that facility, that project, to be able to afford to put affordable housing on it. And you brought up a good point on the roads. On the very first meeting we attended, I questioned what was the 5 percent rule. And there was all sorts of excitement in the room here, and ever since that day we've been going forward. I -- I am just as dismayed as you are on how long the process Page 107 May 8, 2001 takes to get to any one point. But very good points, and I'm sure we're going to make it right, Donna. COMMISSIONER FIALA: Thank you. I -- I was just hoping to put a little speed on that, too, because I know it's something we're all concerned about. We, as a whole team, have been concerned about what we can do to -- to better -- to better shape our future. And -- and, although these workshops are absolutely wonderful, and I wouldn't want to miss a one, I wish we could move ahead a little quicker to answer some of these problems. Thank you. CHAIRMAN CARTER: You're right. And, of course, Commissioner Mac'Kie has been here a lot longer than I have, but one of the things you find out over time is the governmental process is far different than what we encountered in the private process. We have to take the necessary -- and there's a lot of-- steps, and those -- there are a lot of necessary safeguards there that are so important, but you're right on target. We're going to get there, and I think we're going to have a lot of opportunities to work all the agenda items. COMMISSIONER FIALA: I'd like to say one of the things you said last night that puts it so beautifully, even though I just read this. You said last night it's like trying to turn a battleship with a teaspoon. That's exactly right. CHAIRMAN CARTER: Well, I said a dime, and the county manager said a teaspoon, whatever the implement that you want to use, but you're trying to turn a battleship, and it doesn't happen just like that. CHAIRMAN CARTER: Commissioner Coletta? COMMISSIONER COLETTA: No further comments. Thank yOU, CHAIRMAN CARTER: Commissioner Mac'Kie. Page 108 May 8, 2001 Item #15B COMMISSIONER MAC'KIE RE AREAS OF CRITICAL STATE CONCERN AND TOURIST TAX COMMISSIONER MAC'KIE: I actually wasn't going to mention it, but since it's out there a little bit, I'll tell you a little bit about the legislation that the Conservancy and I were working on and with a big thank you to Chuck Mohlke who is the person who found this opportunity for us. I have the amendment. It's a very small little amendment here, but it basically says -- let me say there was already in Florida a law that said if you collected rent within areas of critical state concern for tourists, that you could ask the voters to pass a referendum to allow you to collect a -- a penny tax on each dollar collected within the areas of critical state concern. And you know we have a significant portion of our county that is so designated. However, thank God, we don't have hotels in those areas because they are critical state concern. They are environmentally sensitive, and they are pristine and should remain that way. But the small amendment that we were able to get in is if a county has more than 50 percent of its land area designated as an area of critical state concern, then we have the option of passing a referendum. We can't do it, but we can ask the public to pass a penny of tourist tax countywide for the purpose of acquiring those additional lands that are designated areas of critical state concern. So it's -- it's just a small step in the right direction, but it does give us an additional opportunity to put the tourist tax question to the voters on acquisition of critical environmental land. I still want to see us doing something about urban green space, and there's not any ACSC land in the urban area by any stretch. Page 109 May 8, 2001 CHAIRMAN CARTER: I understand you have to have a plan to do this, but it's really a big step for us which may address that issue very well. There are only two counties that qualify. Collier County and Monroe County are the only two in the state that qualify. COMMISSIONER MAC'KIE: This is a small step, but it could be significant in the big picture of how to address the green space. CHAIRMAN CARTER: Yes. COMMISSIONER MAC'KIE: CHAIRMAN CARTER: Thank you. You're welcome. Commissioner Henning. Item #15C COMMISSIONER HENNING TO HOLD A TOWN HALL MEETING IN GOLDEN GATE ON MONDAY~ MAY 14, 2001 AT 7:00 P.M. COMMISSIONER HENNING: Announcement, I'm going to have a town hall meeting in Golden Gate at the Golden Gate Community Center Monday at 7 p.m. It's going to be sponsored by the Golden Gate Area Civic Association, and I'm going to have staff out there just to update the public of the strides that we have made collectively and some plans that I have for the future for Collier County. And also I -- I want to commend Commissioner Fiala, Commissioner Mac'Kie for coming here, even though you're not feeling good. It shows your dedication -- pardon me? MS. MURRAY: What time? COMMISSIONER HENNING: Seven p.m. I don't know if they got sick at 7 p.m. Anyways, I want to thank you. It shows your dedication. I just hope that you had fun catching whatever you had. Page 110 May 8, 2001 CHAIRMAN CARTER: Commissioner Henning, but --. COMMISSIONER MAC'KIE: daughter COM COM Well, I'm not going to go there, Mine's from my 13-year-old SO -- MISSIONER FIALA: It was cute. MISSIONER HENNING: No comment? COMMISSIONER FIALA: You know what, I was -- I was cuddling my husband's grandbaby's twins, and that's where I got it. CHAIRMAN CARTER: Well, that story will suffice. One point, this is the end of the season, I want to personally thank all of our staff that have diligently worked with us at I don't know how many community meetings where they have been there and worked with members of the board to try to communicate and answer questions. Some of those meetings have not been the most pleasant experience that we've ever participated in. I think when people are angry and frustrated, the easiest place to take it out is on local government, whether it's a city or whether it's a county. We're the most accessible. So whether it's an issue that's going on in Washington or in Tallahassee or it happened in our backyard, we have the benefit of hearing all that. But I want to publicly again thank staff for their dedication and work with us. And we need to remind ourselves as commissioners not to go to the well too often and be sure that when they're there that we are supportive of working with them even no matter how hostile an audience can be. They have a right to be that way, but we must keep in mind that we are ladies and gentlemen working with ladies and gentlemen, and we can keep our side of the bargain. What happens on the other side we have to deal with accordingly. COMMISSIONER COLETTA: If I may add a note on that, Jim, Page 111 May 8, 2001 when we used the staff at some special occasions, to shore up our position, we try to schedule it at a time where they make their appearance at the beginning of the evening so that they are not dragged through a process that might go until ten, eleven o'clock at night. COMMISSIONER MAC'KIE: I'm sure everybody is already aware of this. But, you know, we don't have the authority to tell staff where to go. We only have the authority to ask Mr. Olliff to tell staff where to go and what to do. I try to coordinate those requests through his office. I think it's a good way to do it so that, you know, there's a -- there's a jail penalty, frankly, if you tell staff, give them instructions. You can only ask them for information. CHAIRMAN CARTER: Right. COMMISSIONER MAC'KIE: So if you're asking them to show up at a meeting, I'd recommend doing it through Tom. CHAIRMAN CARTER: And Tom has been very great about that by allowing us the flexibility to request of the division directors to participate in those areas. He's been a great delegator in giving that -- that direction. But you are absolutely right, Commissioner Mac'Kie. They have no obligation to do that. They don't work for us. They work for the county manager. All right. Any other further business? Seeing none, do I hear a motion for adjournment? COMMISSIONER MAC'KIE: So moved. COMMISSIONER COLETTA: Second. CHAIRMAN CARTER: So we stand adjourned. ***** Commissioner Carter moved, seconded by Commissioner Coletta and carried unanimously, that the following items under the Consent and Summary Agendas be approved and/or adopted: Page 112 May 8, 2001 Item #16A1 2001 INTERLOCAL TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES REGARDING THE FOURTH OF JULY FESTIVAL Item #16A2 RESOLUTION 2001-171, AUTHORIZING FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF VILLAS AT "GREENWOOD LAKE" Item #16A3 RESOLUTION 2001-172, AUTHORIZING FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "FIDDLER'S CREEK PHASE lB, UNIT THREE" Item #16A4 RESOLUTION 2001-173, AUTHORIZING FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "FIDDLER'S CREEK PEPPER TREE VILLAGE AND BENT CREEK VILLAGE" Item #16A5 FINAL ACCEPTANCE OF WATER UTILITY FACILITIES SERVICING CYPRESS WOODS FIRE HYDRANT AND RELEASE OF UTILITIES Page 113 May 8, 2001 PERFORMANCE SECURITY TO THE PROJECT ENGINEER OR THE DEVELOPER'S DESIGNATED AGENT Item #16A6 RESOLUTION 2001-174, AUTHORIZING FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "GREY OAKS UNIT EIGHT" Item #16A7 NATURAL RESOURCES DEPARTMENT TO PRODUCE AND DISTRIBUTE A BOATER'S GUIDE; SEEK PUBLIC INPUT AND PARTICIPATION IN DESIGN OF THE GUIDE; SEEK PARTNERSHIPS AND GRANT FUNDS TO OFFSET FUTURE PRINTING COSTS AND PROCESS THE NECESSARY BUDGET AMENDMENTS Item #16B1 DEVELOPER CONTRIBUTION AGREEMENT WITH PR VI, LLC, AN INDIANA LIMITED LIABILITY COMPANY, FOR IMPACT FEE CREDITS FOR IMPROVEMENTS OF TARPON BAY BOULEVARD AND 20TM AVENUE NW Item #16B2 - Deleted Item #16B3 RESOLUTION 2001-175, AUTHORIZING SPEED LIMIT REDUCTION FROM FORTY-FIVE MILES PER HOUR (45 MPH) TO THIRTY-FIVE MILES PER HOUR (35 MPH), EXCEPT WHERE PREVIOUSLY Page 114 May 8, 2001 POSTED AT THIRTY MILES PER HOUR (30 MPH), ON VANDERBILT DRIVE FROM 111TM AVENUE/BLUEBILL AVENUE TO WIGGINS PASS ROAD Item #16B4- Deleted Item #16B5 MEDIATED SETTLEMENT AGREEMENT AND A STIPULATED FINAL JUDGMENT TO BE DRAFTED INCORPORATING THE SAME TERMS AND CONDITIONS RELATIVE TO THE FEE SIMPLE ACQUISITION OF PARCEL 2-T IN THE LAWSUIT ENTITLED COLLIER COUNTY V. JOHN B. FASSETT, TRUSTEE, ET AL., CASE NO. 99-3040 (LIVINGSTON ROAD 4-LANING PROJECT~ PROJECT NO. 65041) Item #16B6 RESOLUTION 2001-176, AUTHORIZING THE FILING OF THE TRIP AND EQUIPMENT GRANT APPLICATION WITH THE FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED (CTD) Item #16B7 OFFER OF JUDGMENT TO DEFENDANT, JAMES A. BROWN, JR., FOR PARCEL NOS. 135/40, 135/40.1, 136/41 AND 136/41.1 IN THE AMOUNT OF $500 IN THE LAWSUIT STYLED COLLIER COUNTY V. TIMOTHY MALONEY, ET AL, CASE NO. 92-1508-CA AND $100 TO BE PAID INTO THE REGISTRY OF THE COURT IN THE EVENT THE OFFER OF JUDGMENT IS ACCEPTED BY JAMES A BROWN~ JR. Item #16B8 Page 115 May 8, 2001 CHANGE ORDER NO. I TO WORK ORDER NO. WD-08 WITH KYLE CONSTRUCTION, INC. FOR SR-29 CANAL CULVERT UPGRADE - IN THE AMOUNT OF $17,111 Item #16B9 - Deleted Item #16B10 RESOLUTION 2001-177, CORRECTING A SCRIVENER'S ERROR IN RESOLUTION 2001-46, AUTHORIZING CONDEMNATION OF RIGHT-OF-WAY FOR LIVINGSTON ROAD FROM GOLDEN GATE PARKWAY TO PINE RIDGE ROAD (C.I.E. NO. 52} Item #16B11 CONTRACT #01-3184, "CEI SERVICES" FOR COLLIER COUNTY ROAD PROJECTS- PROFESSIONAL SERVICES AGREEMENT AWARDED TO NINE FIRMS AS OUTLINED IN THE EXECUTIVE SUMMARY Item #16B12 WORK ORDER NO. WD-018, WITH KYLE CONSTRUCTION FOR THE REPLACEMENT OF A 36" STORMWATER CULVERT ON SAN MARCO ROAD 9C.R. 92), PROJECT NO. 60059 - IN THE AMOUNT OF $54,300 Item #16B13 WORK ORDER NO. WD-019, WITH KYLE CONSTRUCTION FOR THE REPLACEMENT OF TRIPLE 36" AND DUAL 48" STORMWATER Page 116 May 8, 2001 CULVERTS UNDER BURNING TREE DRIVE, PROJECT NO. 60046 - IN THE AMOUNT OF $93,800 Item #16B14 PROFESSIONAL ENGINEERING SERVICES CONTRACT #01-3195 FOR THE DESIGN AND PERMITTING OF VANDERBILT BEACH ROAD, PROJECT NO. 63051, CIE NO. 24 - AWARDED TO CH2MHILL IN THE AMOUNT OF $1,399,378 Item #16B15 BUDGET AMENDMENT FOR LANDSCAPE SERVICES AND MEDIAN BEAUTIFICATION PROJECTS Item #16B16 STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION OF PARCEL 311B IN THE LAWSUIT ENTITLED COLLIER COUNTY V. EDITH BALORAS, ET AL, (GOLDEN GATE BOULEVARD, PROJECT NO. 63041) - STAFF TO DEPOSIT $2,000 INTO THE REGISTRY OF THE COURT Item #16B17 PETITION TM-01-01 FOR THE NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM PROJECT (NTMP) FOR THE INSTALLATION OF TRAFFIC CALMING DEVICES ON 32ND AVENUE SW BETWEEN 54TM LANE SW AND 44TM STREET SW Item #16C1 Page 117 May 8, 2001 WORK ORDER PUED-MS-31 TO MITCHELL & STARK CONSTRUCTION COMPANY, INC. FOR UNDERGROUND UTILITY CONTRACTING SERVICES FOR THE NORTH COUNTY WATER RECLAMATION FACILITY SEPTAGE RECEIVING STATION, PROJECT 73067 - IN THE AMOUNT OF $243~900 Item #16C2 -Deleted Item #16C3 WORK ORDER GH-FT-01-1 WITH GREELEY AND HANSEN, LLP, TO UPDATE THE WATER AND WASTEWATER MASTER PLANS, PROJECTS 70070 AND 73066 - IN THE AMOUNT OF $549,900 Item #16C4 ACCEPTANCE OF CONVEYANCE DOCUMENTS FOR SEWER UTILITY PUMP STATIONS AND FORCE MAINS ACCEPTANCE WITHIN WING SOUTH AIRPARK SUBDIVISION Item #16C5 PUBLIC EMERGENCY DECLARED; PURCHASING POLICY WAIVED; AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH HAZEN & SAWYER, P.C., FOR THE NORTH COUNTY WATER RECLAMATION FACILITY TO 30.6-MGD MMADF, PROJECT 73950 Item #16C6 AMENDMENT NO. 12 TO PROFESSIONAL SERVICES AGREEMENT WITH HOLE MONTES FOR ENGINEERING SERVICES RELATED TO Page 118 May 8, 2001 FLOW EQUALIZATION TANK(S) AT THE SOUTH COUNTY WATER RECLAMATION FACILITY - IN THE AMOUNT OF $368,000 Item #16C7 AMENDMENT NO. 7 TO PROFESSIONAL SERVICES AGREEMENT WITH HAZEN & SAWYER, P.C., RELATED TO THE NORTH COUNTY WATER RECLAMATION FACILITY EXPANSION, CONTRACT 96-2474, FOR FLOW EQUALIZATION TANK(S) - IN THE AMOUNT OF $450,000 Item #16C8 ACCEPTANCE OF CONVEYANCE DOCUMENTS FOR SEWER UTILITY FACILITIES WITHIN THE EAGLE CREEK SUBDIVISION Item #16C9 BID NO. 01-3194, TO CONSTRUCT SOUTH COUNTY REGIONAL WATER TREATMENT 8-MGD REVERSE OSMOSIS EXPANSION - AWARDED TO UNITED ENGINEERING CORPORATION IN THE AMOUNT OF $24,854,350 Item #16C10 BID NO. 01-3211, TO CONSTRUCT THE VINEYARDS REUSE WATER AUTOMATION PROJECT - AWARDED TO GULF STATES, INC. IN THE AMOUNT OF $169,150 Item #16C11 Page119 May 8, 2001 THREE SOVEREIGN SUBMERGED LANDS EASEMENTS FOR THE COLLIER BAY ENTRANCE CHANNEL DREDGING AND HIDEAWAY BEACH TEMPORARY T-GROIN CONSTRUCTION PROJECTS Item #16C12 - Continued to May 22, 2001 AGREEMENT WITH MICHAEL L. VOORHEES, PH.D., TO RE-MAP THE COUNTY'S WELL FIELD PROTECTION ZONES Item #16C13 PURCHASE OF ALUMINUM SULPHATE IN EXCESS OF THE $25,000 THRESHHOLD Item #16C14 FORMAL COMPETITION PROCESS WAIVED; PURCHASE OF AN AQUATECH SEWER CLEANER MOUNTED ON A MACK CHASIS FROM PAT'S PUMP + BLOWER AT A COST OF $191,800 NET OF TRADE-IN Item #16C15 BUDGET AMENDMENT RECOGNIZING POSITIVE CARRY FORWARD VARIANCE IN THE POLLUTION CONTROL FUND Item #16C16 RFP 00-3171, CONSTRUCTION MANAGEMENT-AT-RISK SERVICES RELATED TO THE SOUTH COUNTY WATER RECLAMATION FACILITY EXPANSION - AWARDED TO MONTGOMERY WATSON AMERICAS, INC. - IN THE AMOUNT OF $150,000 Page 120 May 8, 2001 Item #16D1 AUTHORIZATION FOR THE PARKS AND RECREATION DEPARTMENT TO OPERATE AN ADDITIONAL SUMMER CAMP SITE AT CORKSCREW ELEMENTARY SCHOOL Item #16D2 BID NO. 01-3229, TO PREPARE FOOD FOR THE SUMMER FOOD SERVICE GRANT PROGRAM WHILE SUMMER SCHOOL IS NOT IN SESSION - AWARDED TO G.A. FOODS Item #16D3 LOCAL MATCHING FUNDS IN THE AMOUNT OF $30,000 FROM THE COMMUNITY FOUNDATION OF COLLIER COUNTY FOR THE STATE OF FLORIDA'S SCHOOL AGE CHILD CARE INVESTMENT PROGRAM GRANT Item #16E1 BID NO. 01-3207, SAFETY EQUIPMENT AND SUPPLIES - AWARDED TO SAFETY EQUIPMENT COMPANY, LAERDAL MEDICAL CORPORATION AND W.W. GRAINGER Item #16E2 BID NO. 00-3161, ANNUAL PEST CONTROL SERVICES - AWARDED TO MASSEY SERVICES, INC. AS PRIMARY PROVIDER AND ECOLAB AS SECONDARY PROVIDER Page 121 May 8, 2001 Item #16E3 CONVEYANCE OF UTILITY EASEMENT TO FLORIDA POWER & LIGHT COMPANY AND AN EASEMENT TO SPRINT-FLORIDA, INC. TO SERVE THE STATE OF FLORIDA JUVENILE JUSTICE CENTER NOW UNDER CONSTRUCTION ON THE COUNTY'S MAIN CAMPUS Item #16E4 REQUEST FOR A VIDEO/PRODUCTION SPECIALIST IN THE DEPARTMENT OF PUBLIC INFORMATION Item #16F1 - Deleted Item #16F2 - Deleted Item #16F3 - Added EMERGENCY RESPONSE PLANNING & MANAGEMENT, INC. TO PREPARE A TERRORISM ANNEX TO THE COMPREHENSIVE EMERGENCY MANAGEMENT PLAN TO BE COMPLETED BY SEPTEMBER 30, 2001 Item #16G1 COUNTY ATTORNEY TO AMEND ORDINANCE REGARDING THE QUORUM AND MEMBERSHIP REQUIREMENTS OF THE PRODUCTIVITY COMMITTEE AND PRESENT TO THE BOARD FOR A FINAL DECISION THROUGH THE PUBLIC HEARING PROCESS Item #16J1 Page 122 May 8, 2001 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER Item #16J2 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 123 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE May 8, 2001 FOR BOARD ACTION: 1. Satisfaction of Lien: NEED MOTION authorizing the Chai~__,gn to sign Sa~sfaction of Lien for Services of the Public Defender for Case Nos.: 90-1504-IT; 92-23~89-MI; 92- 2696-MI; 90-4388-TM; 90-4389-TM; 00-4229-MMA; 96-559-CFA; 97-1437-CFA; 96- 5967-MMA; 94-1756-CFA; 94-1888-CFA; 89-455-CFA; 94-360-CFA; RECOMMEND APPROVAL. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: Bo Co 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: 1) March 28, 2001 through April 3, 2001 2) April 4, 2001 through April 10, 2001 Districts: 1) Fiddler's Creek Community Development District - Minutes for February 28, 2001 - Financial Statements - Management Letter 2) Cedar Hammock Community Development District - Minutes for January 8, 2001 3) Golden Gate Fire Control & Rescue District - Agenda for April 11, 2001 4) South Florida Water Management District - Notice of May 10, 2001 Minutes: 1) Collier County Metropolitan Planning Organization - Notice of Cancellation for April 27, 2001 and Notice of May 18, 2001 2) Collier County Planning Commission - Agenda for April 5, 2001, April 19, ' 2001 and Minutes of Febmary 15, 2001, March 1, 2001 3) 3) Collier County Airport Authority - Minutes of February 12, 2001 and Agenda for April 9, 2001and Agenda Summary April.9, 2001 4) Collier County Water & Wastewater Authority - Minutes of January 22, 2001 H:DatafFormat 5) Collier County Community Health Care Planning And Finance Committee - Notice of April 18, 2001 6) Pelican Bay MSTUB Advisory Committee - Notice for April 4, 2001 and Agenda for April 4, 2001 and Minutes of March 7, 2001 7) Collier County Historical/Archaeological Preservation Board - Agenda for April 20, 2001 and Notice of March 16, 2001 and Minutes for March 16, 2001 8) Rural Fringe Area Assessment Oversight Committee - Agenda for April 11, 2001, April 25, 2001 Notice of April 11, 2001, April 23, 2001 and charge to April 25 and Minutes of March 26, 2001 9) Parks and Recreation Notice of April 23, 10) Radio Road MSTU Advisory Committee - Notice of April 13, 2001 11) Marco Island Beach Advisory Committee - Notice of April 3,2001 12) Collier Park of Commerce Owners Association - Minutes of March 12, 2001 13) Sable Palm Property Owners Association- Notice of April 23,2001 14) Golden Gate Beautification Advisory Board - Minutes of March 13,2001 and Agenda for April 10, 2001 15) Community Development Services - Agenda for April 3, 2001 16) Environmental Advisory Council - Agenda for April 4, 2001 H:Data/Format May 8, 2001 Item #16K1 RESOLUTION 2001-178, BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND SPRINT TELEPHONE COMPANY OF FLORIDA, PROVIDING FOR THE IMPOSITION AND COLLECTION OF A LOCAL OPTION FEE FOR PROVISION OF ENHANCED EMERGENCY "911" TELEPHONE SERVICE AND EQUIPMENT Item #16L1 - Added MEDIATED SETTLEMENT AGREEMENT AND STIPULATED FINAL JUDGMENT TO BE DRAFTED INCORPORATING THE SAME TERMS AND CONDITIONS AS THE SETTLEMENT AGREEMENT RELATIVE TO THE ACQUISITION ON PARCEL 145 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. OWEN M. WARD, TRUSTEE, ET AL., CASE NO. 99-1291-CA, PROJECT NO. 65031 (RADIO ROAD, SANTA BARBARA BOULEVARD TO DAVIS BOULEVARD) - STAFF TO DEPOSIT $159,050 INTO THE COURT REGISTRY Item #17A RESOLUTION 2001-179, RE PETITION AVESMT 2001-AR424, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN THE 15' WIDE DRAINAGE EASEMENT LOCATED ALONG THE LOT LINE COMMON TO LOTS 5 AND 6, ACCORDING TO THE PLAT OF "WILLOW PARK" Item #17B ORDINANCE 2001-22, WILLIAM HOOVER AND ANDREW SOUS, REPRESENTING THE CENTRE AT VETERANS PARK, LLC, REQUESTING AN AMENDMENT TO THE VETERANS PARK Page 124 May 8, 2001 CENTER PUD, BY REMOVING TRACT "A" AND REDUCING THE ACREAGE FROM 8.76 ACRES TO 6.94 ACRES FOR PROPERTY LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD (C.R. 846) APPROXIMATELY 258 FEET WEST OF VETERANS COMMUNITY PARK DRIVE (COMPANION ITEM PUD-96-1(2)) Item #17C ORDINANCE 2001-23, WILLIAM HOOVER AND ANDREW SOLIS, REPRESENTING THE CENTRE AT VETERANS PARK, LLC, REQUESTING AN AMENDMENT TO THE VETERANS PARK MEDICAL PUD, BY CHANGING THE PUD NAME TO VETERANS PARK COMMONS PUD, INCREASING THE ACREAGE TO 5.02 ACRES, AND ELIMINATING THE LIMITS ON THE AMOUNT OF GENERAL OFFICE USES FOR PROPERTY LOCATED ON THE SOUTHWEST CORNER OF IMMOKALEE ROAD (C.R. 846) AND VETERANS COMMUNITY PARK DRIVE (COMPANION ITEM PUD- 97-13(1)) Item #17D ORDINANCE 2001-24, AMENDING ORDINANCE 87-100, AS AMENDED, INCREASING THE MILLAGE RATE FROM ONE AND ONE-HALF TO TWO MILS FOR THE LELY GOLF ESTATES BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT Item #17E - Deleted Item #17F RESOLUTION 2001-180, RE PETITION HD-2001-AR-404, RON JAMRO, COLLIER COUNTY MUSEUM DIRECTOR, REQUESTING Page125 May 8, 2001 TRACT "D" OF ROBERTS RANCH BE DESIGNATED AS A HISTORICALLY SIGNIFICANT SITE FOR PROPERTY LOCATED ON THE SOUTH SIDE OF ROBERTS RANCH AND WITHIN THE R. ROBERTS ESTATE PUD, IN IMMOKALEE, FLORIDA, CONSISTING OF APPROXIMATELY 8.8 ACRES There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 12:30 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S} OF SPECIAL DISTRICTS UNDER ITS CONTROL ~ ~~ PH.D, ~;HAIRMAN 'Attest N to Ck~tr~.'s -A,TI"EST: '"'. s~.ature o~1~. ..DWIGHT E. BROCK, CLERK '~""' These~minutes approved by the Board on I,~-I~-~l , as presented ~ or as corrected . TRANSCRIPT PREPARED ON BEHALF OF DONOVAN COURT REPORTING, INC., BY BARBARA A. DONOVAN, RMR, CRR Page 126