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BCC Minutes 10/09/2001 ROctober 9, 2001 REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS OCTOBER 9, 2001 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 9:10 a.m. In REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: James D. Carter, Ph.D. VICE-CHAIRMAN: Pamela S. Mac'kie Jim Coletta Donna Fiala Tom Henning ALSO PRESENT: Tom Olliff, County Manager David C. Weigel, County Attorney Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA October 9, 2001 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, 1 October 9, 2001 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. INVOCATION AND PLEDGE OF ALLEGIANCE A. Reverend Harold Brown, Lely Presbyterian Church ® AGENDA AND MINUTES Ae B. C. D. E. F. G. H. Approval of today's regular, consent and summary agenda as amended September 6, 2001 BCC Budget Public Hearing September 6, 2001 Health Care Workshop September 11, 2001 Regular BCC Meeting September 12, 2001 Pelican Bay Budget Public Hearing September 14, 2001 Emergency Meeting September 18,2001 Code Enforcement Workshop September 19, 2001 BCC Budget Public Hearing 3e 4e PROCLAMATIONS Ae Proclamation to recognize the week of October 7-13,2001 as "National 4-H Week". To be accepted by Ms. Shirene Provenza. Be Proclamation to designate the Month of October 2001 as Mental Illness Awareness Month. To be accepted by Ms. Kathryn Leib Hunter, Executive Director of NAMI, the National Alliance for the Mentally Ill. Proclamation to recognize and encourage the Ecumenical Coalition. To be accepted by Rayburn Cadwallader. SERVICE AWARDS Five-Year Attendees: 2 October 9, 2001 1) 2) 3) 4) 5) 6) 7) 8) 9) lO) Anthony Gracia, Wastewater Carla Fogle, Utility Billing Tony Barry, Transportation Ralph McKellar, Solid Waste Diana Watson, EMS Carole Esposito, Water Department Kellie West, EMS Tishya Arthurs, Building Review Keith Maycroft, Road and Bridge Mario Garcia, Wastewater Collections Ten-Year Attendees: 11) 12) Carl Gibson, Pollution Control Edward Kant, Transportation Fifteen-Year Attendee: 13) Roger Baase, Parks and Recreation 5. PRESENTATIONS A. Presentation of the EMS Phoenix Awards. 6. PUBLIC PETITIONS AND COMMENTS ON GENERAL TOPICS A. Public Comments on General Topics 7. BOARD OF ZONING APPEALS Ae THIS ITEM WAS CONTINUED FROM THE SEPTEMBER 25, 2001 BCC MEETING. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA-2001-AR- 979, Terrance Kepple, of Kepple Engineering, representing Shader- Lombardo Properties, LLC, requesting a 12.1 foot variance from the Vanderbilt Villas PUD required distance between structure setback of 20 feet to 7.9 feet for property located at 515 Roma Court, further described as Lot 22, Vanderbilt Villas, in Section 21, Township 48 South, Range 25 East, Collier County, Florida. 3 October 9, 2001 8. ADVERTISED PUBLIC HEARINGS This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition RZ-2001-AR- 45 l, Walter H. Rascher, Jr. and Lisa J. Rascher representing Ester and Francis Rascher, requesting a rezone from its current zoning classification of "A" Rural Agricultural to "RSF-3" residential single family district, the subject property is located on the North side of Polly Avenue approximately one half a mile North of Rattlesnake Hammock Road in Section 16, Township 50 South, Range 26 East, Collier County, Florida. This site consists of 4.55 acres. Be THIS ITEM WAS CONTINUED FROM THE SEPTEMBER 11, 2001 BCC MEETING AND IS FURTHER CONTINUED TO THE OCTOBER 23, 2001 BCC MEETING. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDA-2001-AR-500, R. Bruce Anderson, Esq., of Young, Vanassenderp, Varnadoe and Anderson, P.A., representing the Skinner and Broadbent Development Company, Inc., contract purchaser, requesting to repeal the current Falling Waters Beach Resort PUD and to adopt a new PUD for the purpose o£ adding self-storage (SIC #4225) to the list of permitted uses and removing some of the permitted uses including restaurants, fast food restaurants, food markets and automobile service stations from Collier Boulevard (CR 951) approximately 400 feet North of Tamiami Trail and Collier Boulevard intersection in Section 3, Township 51 South, Range 26 East, Collier County, Florida, the Falling Waters PUD consists of 74.37 acres, the Community Commercial Tracts consist of 4+ acres. THIS ITEM CONTINUED FROM THE SEPTEMBER 25, 2001 BCC MEETING. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDA-2001-AR-702, Margaret Perry, AICP, o£Wilson Miller Inc., representing Eagle Creek Properties Inc. requesting an amendment to the Eagle Creek PUD having the effect of amending the PUD documents to allow self storage facilities and related accessory structures for the exclusive use of Eagle Creek residents as a permitted use, for property located at 401 Tower Road, in Section 3, Township 51 South, Range 26 East, Collier County, Florida, consisting of 298+ acres. 4 October 9, 2001 9e De This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUD-92-08(1), RWA, Inc., representing William T. Higgs, requesting a rezone from PUD to PUD known as White Lake Industrial Park PUD having the effect of changing the name to White Lake Corporate Park PUD, increasing the industrial land use from 67.4 acres to 77.3 acres, changing the zoning of 7.8 acres from industrial to commercial, reducing the area of the lakes from 44.1 acres to 36.6 acres and the area of the conservation/open space from 22.1 acres to 9.3 acres, and changing the property ownership, for property located Northeast of and adjacent to the intersection 1-75 and Collier Boulevard (C.R. 951), in Section 35, Township 49 South, Range 26 East, Collier County, Florida. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Black Affairs Advisory Board. Be Appointment of members to the Lely Golf Estates Beautification Advisory Committee. C. THIS ITEM WAS CONTINUED FROM THE SEPTEMBER 25~ 2001 10. De Ee BCC MEETING. Finalize the Annual Performance Appraisal Process for the County Attorney. Board of County Commissioners approval of Operation Weed and Seed Program Memorandum of Agreement. (Commissioner Coletta) Discussion by Board of County Commissioners to assist Mosquito Control with the petition process to survey Golden Gate Estates residents for spraying by Mosquito Control. (Commissioner Henning) COUNTY MANAGER'S REPORT ge Recommendation to conceptually approve and authorize the staff to develop a Citizen's Oversight Committee for the Referendum of Roads. (Thomas W. Olliff, County Manager) Be Recommendation that the Board of County Commissioners confirm James V. Mudd as the Collier County Deputy County Manager and Leo E. Ochs, Jr., as the Assistant County Manager. (Thomas W. Olliff, County Manager) 5 October 9, 2001 C. THIS ITEM WAS CONTINUED FROM THE SEPTEMBER 11~ 2001 De' te BCC MEETING. Adoption of an Ordinance amending Chapter 74 of the County's Code of Laws and Ordinances, as previously amended by Ordinance No. 2001-13 (The Collier County Consolidated Impact Fee Ordinance). (Phil Tindall, Impact Fee Coordinator) Construct South County Water Reclamation Facility Expansion, Project 73949. (James V. Mudd, Public Utilities Administrator) Approve Funding for Tropical Storm Gabrielle Beach Recovery. (James V. Mudd, Public Utilities Administrator) 11. AIRPORT AUTHORITY 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. 15. FUTURE AGENDAS STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Authorization to utilize staff as a resource to assist the Weed and Seed Program in Immokalee. 2) Request to approve for recording the final plat of "Ibis Cove Phase One-A". 3) Request to approve for recording the final plat of "Berkshire Commons Parcel 1, 2 and 3". 6 October 9, 2001 Be 4) Approve an agreement to accept an artificial reef grant from the Florida Fish and Wildlife Conservation Commission. 5) Adopt Resolutions enforcing liens on properties for Code Violations. 6) 60-Day Extension of the 2001 Tourism Agreement between Collier County and the Tourism Alliance of Collier County. TRANSPORTATION SERVICES 1) Resolution authorizing the application and execution of the FY 2001 Section 5307 Grant Application with the Federal Transit Administration (FTA). 2) Recommendation that the Board of County Commissioners award two Annual Bids, #01-3251 (Concrete and Metal Culvert Pipe) and #01- 3256 (Asphalt and Related Items) for Fiscal Year 2001/2002. 3) Approve the Facilities Relocation Agreement with Florida Power and Light Company to relocate and reconfigure power poles on Goodlette- Frank Road between Pine Ridge Road and Vanderbilt Beach Road to facilitate the road-widening project, Project No. 60134. 4) Adopt a Resolution approving, as serving a valid public purpose, the expenditure of county funds for expenditures incurred at the August 30, 2001 ribbon cutting and groundbreaking ceremony of Livingston Road, Phase I. 5) Request Board approve a Landscape Maintenance Agreement among The Estuary at Grey Oaks and the Estuary Property Owners' Association, the City of Naples and Collier County. 6) Award Bid #01-3281, "Bayshore-Avalon Beautification Municipal Services Taxing Unit (MSTU) Roadway Grounds Maintenance". 7) Award of RFP 01-3234 "Bus Stop Shelters" for Immokalee Circulator and Collier Area Transit (CAT). 8) Approve the placement of two "Welcome to Golden Gate Estates" signs for the Golden Gate Estates Area Civic Association within 7 October 9, 2001 County roadway rights-of-way. Ce De Ee PUBLIC UTILITIES 1) Approve Professional Engineering Services Agreement with Water Resource Solutions, Inc., for the North County Water Reclamation Facility Deep Injection Well, RFP 00-3122, Project 73948. 2) Approve Committee Selection of firms for Contract #01-3271 "Professional Engineering Services for Coastal Zone Management Projects". 3) This item has been deleted. 4) Adopt a Resolution to support implementation of aquifer storage and recovery technologies to protect the environment and public water supplies. 5) This item has been deleted. 6) To obtain Board approval for an Interlocal Agreement between the Property Appraiser and the Board of County Commissioners for use of the Geographical Information System (GIS) Digital Data and Topography acquired by the Property Appraiser in FY-2000. PUBLIC SERVICES 1) Presentation of the Annual 2001 Report of the Collier County Film Commission. 2) Award Bid #01-3250, Portable Toilet Rentals to J. W. Draft, Inc. and Waste Management of Collier County, Inc., on a primary/secondary basis. 3) Recommendation to award bid #01-3252 for the purchase of turf used by Collier County. ADMINISTRATIVE SERVICES 8 October 9, 2001 1) 2) 3) 4) 5) 6) 7) 8) 9) Approve a Budget Amendment to appropriate the maintenance service revenues for reimbursement of operating expenses. Convey a Conservation Easement to South Florida Water Management District required for the construction of the Collier County Animal Shelter. Authorize staff to reject bids received for 01-3268, Charter Bus Service and re-bid. Approve an additional thirty (30) day extension of Contract #97-2671, Office Supplies. Recommendation to declare the Neopost Mail Equipment as surplus and authorize the sale of equipment to Mail Barcoding Services of SWFL, Inc. To award Bid #01-3259, Irrigation Parts and Related Items. Award Bid No. 01-3260, Herbicides/Pesticides/Fungicides to a variety of bidders. Approve the Award of Bid No. 01-3273 to Truegreen Landcare, Inc., for grounds maintenance for Main Government Complex. Approve the Award of Bid No. 01-3274 to Commercial Land Maintenance Inc., for grounds maintenance for Main Satellite Facilities. Fe EMERGENCY SERVICES 1) Approve an Emergency Medical Services (EMS) County Grant Application and County Grant Distribution Form, adopt a Resolution certifying that the Grant monies will not be used to supplant the existing Emergency Medical Services Budget and approve a Budget Amendment to recognize and appropriate revenue. G. COUNTY MANAGER 9 October 9, 2001 1) 2) 3) Board authorization for Payment of Invoices for services pertaining to election requirements and Town Hall Meeting for the Pelican Bay Services District, Ordinance No. 2000-82. To adopt a Resolution approving amendments to the Fiscal Year 2000-01 Adopted Budget. Approval of Budget Amendment Report - Budget Amendment #01- 524. He Je 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.: 90-2783-MMA, 86-675-CFA, 84-2979-TM, 84-3430-TM, 95- 2179-CFA, 88-1781-MM, 88-2004-TMC, 89-2211-MM, 89-2905- TMC, 87-3796-TMC, 96-6987-MMA, 91-292-MM, 90-5008-MM, 89-6788-TM, 90-2945-TM, 89-1390 CFA, 89-3285-MMA, 97-1485- CFA, 91-887-CFB, 90-4733- TM, 84-1046-TM and 94-1099-CJA; RECOMMEND APPROVAL. 2) MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED. Ke 3) 4) 5) Districts: Minutes and Agendas. Minutes: Advisory Committees. Letter from Guy L. Carlton, Collier County Tax Collector - 2001- 2002 Budget Amendment. OTHER CONSTITUTIONAL OFFICERS 1) Authorize a borrowing from the Pooled Commercial Paper Loan Program in an amount not to exceed $2,300,000 for the acquisition and implementation of a fully integrated financial management l0 October 9, 2001 17. system. L. COUNTY ATTORNEY 1) Execute Satisfaction of Code Enforcement Lien established in Collier County v. Todd A. Mastro and Lisa A. Mastro. 2) That the Board of County Commissioners accept an Offer of Judgment and approve the Stipulated Final Judgment to be created based on the same terms and conditions as the Offer of Judgment for Parcel 163 in the Case entitled Collier County v. Russell Baisley, et al, (Livingston Road, Project No. 60071). 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. Ae This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition CCSL-2001-3, AJ Smith of Recreational Facilities of America Inc., requesting a coastal construction setback line variance to allow construction of a dune walkover, chickee hut, designated storage area for a beach concession and a pathway landward of the beach, located at the Collier County Barefoot Beach Park, Sections 7, 8, 17 and 18, Township 48 South, Range 25 East, Collier County, FL. B. This item has been deleted. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition CCSL-2001-2, Don Cahill representing William G. Reckmeyer, requesting a Coastal October 9, 200~1 Construction Setback Line Variance to allow for construction of a single family residence, located at Lot 9, Block C, Unit 1, Lely Barefoot Beach, Section 6, Township 48 South, Range 25 East, Collier County, Florida. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 12 October 9, 2001 October 9, 2001 CHAIRMAN CARTER: Okay. Good morning, ladies and gentlemen. Welcome to the Board of County Commissioners meeting this date of October 9th. It is now 9:10. If you would join me for the invocation and pledge of allegiance. Invocation led by the Reverend Harold Brown of Lely Presbyterian Church. REV. BROWN: Let us pray. Our Father, we thank you for another beautiful day in a very lovely city. Our hearts are so heavy about other cities, though, that have been touched by disaster, and we cannot begin this day without thanks for health and life and daily bread as we are concerned for all that you represent to us of comfort, solace, hope, and encouragement and confidence in the presence of what might escalate into a very difficult long-term battle in the world to preserve democracy. We thank you for our wonderful country. We thank you for each other, and we pray that we might somehow or another make those who are making extra efforts getting on planes to go into foreign locations, hitting the line to rescue folks, how grateful we are for all of these persons who are putting their lives on the line in order that we might enjoy beautiful Naples and the democracy of this wonderful country. So bring us together, oh, Lord, around higher motives authored by your love however we see that love expressed in your superior power, but most of all in your superior love. Wherever you are, whatever you mean to each of us, we unite in praising those things that touch us deeper than ourselves and the material to provide serious spiritual sustenance, strength and encouragement and hope. Help us to share that, and we thank you. Amen. (The Pledge of Allegiance was recited in unison.) CHAIRMAN CARTER: Good morning, again. Good morning, Commissioners. Page 2 October 9, 2001 COMMISSIONER MAC'KIE: Good morning. COMMISSIONER COLETTA: Good morning, James. CHAIRMAN CARTER: I see two of the commissioners have been to their hairdressers since we last met. They look good. COMMISSIONER MAC'KIE: Me? COMMISSIONER FIALA: I think it's you, Tom. COMMISSIONER MAC'KIE: No. It's him. CHAIRMAN CARTER: Good morning, Mr. Olliff. Item #2A CONSENT, SUMMARY AND REGULAR AGENDA-APPROVED AND/OR ADOPTED WITH CHANGES MR. OLLIFF: Good morning, Mr. Chairman. Board members, I'll be smart enough to stay away from hairstyles this morning, and I'll just walk you straight through your change list. COMMISSIONER MAC'KIE: That's why you're the smart one. MR. OLLIFF: First item on your change list is a withdrawal. It's Item 7-A on your agenda. You will recall this was an item that was continued from the September 25th meeting. It was a variance request, VA-2001-AR-979. It is being requested by the petitioner to be withdrawn at this point. CHAIRMAN CARTER: Mr. Olliff, they are aware that if they withdraw and they continue as they're doing that they will certainly be subject to violations and code enforcement? MR. OLLIFF: Yes, sir. As the Board will recall, this was an after-the-fact variance. The violation of the setbacks were in place and constructed, and that violation would stand, and we would proceed with code enforcement prosecution of that. Page 3 October 9, 2001 CHAIRMAN CARTER: All right. Thank you. MR. OLLIFF: Item 8-A has also been requested to be withdrawn by the petitioner. It was a rezoning request. It was Petition RZ-2001-AR-451. Again, that's Item 8-A that's been requested to be withdrawn by the petitioner. Next item is Item 8-D, as in "David," on your agenda, and it's been requested by Commissioner Henning that that item be continued for a period o£ two weeks. It doesn't show that on your index, but we're requesting a two-week continuance or until the first meeting -- actually, the second meeting in October, October 23. That was PUD-92-08(1). COMMISSIONER MAC'KIE: Just a question. Since that wasn't on the change list, hadn't anticipated that one, is there delay in the project? Is there staff support for that continuance? Is there a problem if we continue two weeks? MR. OLLIFF: I don't believe so. I've notified the petitioner, and the petitioner has I believe, notified the owner o£ the property. And I believe everybody's in agreement in terms of that two-week continuance. COMMISSIONER MAC'KIE: I'm sorry. I must be on the wrong one. Which -- which item did you say? MR. OLLIFF: 8-D, as in "David." CHAIRMAN CARTER: B as in "boy." COMMISSIONER MAC'KIE: I'm sorry. I was on D as in "dog," and I was wondering about our South Treatment Plant. COMMISSIONER FIALA: Yeah, D as in "David." CHAIRMAN CARTER: That's all right. I know these short-termers have a little problem here. COMMISSIONER MAC'KIE: Oh, hush yourself. COMMISSIONER FIALA: It's White Lake; right? MR. OLLIFF: The item that is being continued is the White Page 4 October 9, 2001 Lake Industrial Park PUD, 8-D as in "David." COMMISSIONER MAC'KIE: Thank you. Thank you. COMMISSIONER COLETTA: I got it right. MR. OLLIFF: Okay. The next item is a request in timing, Mr. Chairman. It's Item 10-B, as in "boy." That is a staff item asking for confirmation o£both the deputy and assistant county manager, and I'm requesting for some scheduling reasons that we hear that directly after Item 6 on your agenda so that it would be the first regular staff item heard this morning. The last change on the list is a move from 10-C to 8-F. The item was an advertised public hearing. It's an adoption of an ordinance, and it was inadvertently put on your agenda index under the county manager's portion of the agenda, and it needs to be shown under the advertised public hearings portion of the agenda. It is amendments to an ordinance, and it needs to show up on that particular location. COMMISSIONER HENNING: Which item is that? MR. OLLIFF: That was Item 10-C. COMMISSIONER FIALA: Tom, and it's going to 8-F, did you say? MR. OLLIFF: If it's going to be heard on this agenda, it would need to be heard under 8-F. COMMISSIONER FIALA: What's 8-E? COMMISSIONER MAC'KIE: Which is now 8-E because we -- MR. OLLIFF: I'm sorry, 8-E. COMMISSIONER FIALA: Okay. MR. OLLIFF: 8-E. Mr. Chairman, that's all the changes that I'm recommending this morning. CHAIRMAN CARTER: All right. Mr. Weigel. MR. WEIGEL: No. No further changes from county attorney. CHAIRMAN CARTER: Commissioner Coletta. COMMISSIONER COLETTA: Yes. I'd like to have on the Page 5 October 9, 2001 consent agenda 16-B-8 pulled. Discussion. 16-B-8. COMMISSIONER MAC'KIE: Can you tell us just what that is? COMMISSIONER COLETTA: Yes. It's the Golden Gates Estates Civic Association welcome sign and $125 permit fee waiver. MR. OLLIFF: Mr. Chairman, that would become Item 10-F on your agenda under the county manager's report. CHAIRMAN CARTER: Anything else, Mr. -- Commissioner Coletta? COMMISSIONER COLETTA: No. That would -- that would be it for now. Thank you. CHAIRMAN CARTER: Commissioner Fiala. COMMISSIONER FIALA: No. Nothing. Thank you. CHAIRMAN CARTER: Commissioner Mac'Kie. COMMISSIONER MAC'KIE: One item under communications, please. CHAIRMAN CARTER: Okay. Commissioner Henning. COMMISSIONER HENNING: Item 10-C which became 8-E, Collier County Consolidated Impact Fee Ordinance, I understand there is a need to move the airport's item through because of timing, but the other language I would like to check with a couple not-for- profit organizations and see how that fits their needs. Also there are some language in there that would take quite lengthy discussion. I don't think it's proper. So I would ask that to continue to next month. And the other one, I would like to pull 16-A-3, Berkshire Commons plats. CHAIRMAN CARTER: Final plat of Berkshire Commons, that's A-3 -- 16-A-3, and that would go where? MR. OLLIFF: That would become Item 10-G, again, under the county manager's portion of the regular agenda. COMMISSIONER HENNING: Isn't that 10-G Golden Gate Estates Civic Association-- Page 6 October 9, 2001 COMMISSIONER FIALA: COMMISSIONER HENNING: CHAIRMAN CARTER: 10-F. COMMISSIONER HENNING: COMMISSIONER COLETTA: That's 10-F. 10-F? Okay. Excuse me, Commissioner Henning, you wanted to move the ordinance forward two weeks, is that what you wanted to do? COMMISSIONER HENNING: No. Part of the ordinance I would like to continue to next month. They're talking to our county manager. There is a need to move part of the ordinance which would be the Airport Authority. COMMISSIONER COLETTA: That's correct. COMMISSIONER HENNING: And I would like to move that today -- hear that today. COMMISSIONER COLETTA: And you would like to have the rest of it deferred until you can do a little more research into it? COMMISSIONER HENNING: For next month. COMMISSIONER COLETTA: I have no problem with that. I've been spending quite a bit of time on the wording for the other part. I would more than welcome your input, and that I don't think is -- well, on second thought possibly it is. Friendship House is running up against the -- COMMISSIONER HENNING: We've got till the end of this year. COMMISSIONER COLETTA: What's -- what's -- I'm not too sure on the timing of that. MR. OLLIFF: I don't either. Sitting here today I couldn't tell you what the exact timing on that particular project is. COMMISSIONER COLETTA: Would two weeks -- for you? COMMISSIONER HENNING: Well, the -- those type of impact fee waivers -- we're still going to have plenty of time by the Page 7 October 9, 2001 end of the Year which, you know, is December 31 st. COMMISSIONER MAC'KIE: But they have to pay them when they get their building permits, so -- so it will stop a project. COMMISSIONER HENNING: And they still have to pay them -- pay during their building permits; it's just whether it comes back to us and whether we accept a reduction of those impact fees. COMMISSIONER COLETTA: If I -- if I may, I have no problem with delaying it to the next meeting, but I really don't want to see a delay any longer than that. It's -- there's many agencies out there that would benefit from this if it happened in a timely manner. They've been planning their whole building program around it. COMMISSIONER MAC'KIE: Is it possible -- I know Mr. Weigel's in the middle of a conversation probably about this topic, but is it possible to consider part of this ordinance and not all of it? MR. WEIGEL: Yes, Commissioner, it is. What we do would carve out, make the record very clear what elements of the ordinance are to be discussed and then would be discussed today and/or approved after consideration, and we would probably need to readvertise and bring back the other elements of the ordinance as an -- either an ordinance amendment or stand-alone ordinance a month from now or whenever the board decides. COMMISSIONER MAC'KIE: IfI could just understand, then, the part where you're -- you're suggesting that we do talk today about the not-for-profit section of the impact fee ordinance? COMMISSIONER HENNING: Not correct. CHAIRMAN CARTER: Not correct. What they want to do is not talk about not-for-profit today. Everything else could be discussed and voted on by the board, and that element would come back, you pick the period, 30 days, two weeks or whatever. COMMISSIONER FIALA: Two weeks. COMMISSIONER MAC'KIE: And the reason for that? Page 8 October 9, 2001 I just don't get that. One more time. I need to understand that. COMMISSIONER HENNING: Well, if you read the language in the ordinance, there's a lot of federal codes that deals with it, and I know you being a lawyer you probably understand that. Being myself I don't, and some of those things that we need to -- I need to feel comfortable with. And, besides, there's a couple of not-for-profit organizations, and I don't know -- I would like to have their input in-- COMMISSIONER MAC'KIE: You just weren't able to get that by today. COMMISSIONER HENNING: I wasn't able to get that, and I have a heavy speaking schedule for the rest of this month. COMMISSIONER COLETTA: If-- if I may make a suggestion. Why don't we bring it up for discussion today and then move it forward so that you have a better direction of what you're looking for and what's been done at this point in time, and we can have legal counsel tell you where we are with it. COMMISSIONER HENNING: Okay. So we can go ahead and have the discussion and then continue that portion onto next month. COMMISSIONER COLETTA: If you deem it's necessary and everyone else does, I have no problem with that. COMMISSIONER MAC'KIE: How's that? CHAIRMAN CARTER: I think maybe we can -- we get a sense of what's -- areas you want to do and work with, and then you can work with legal. But that section could be continued; the other part could be voted upon today. COMMISSIONER FIALA: And yet maybe somewhere during a break you could call Friendship House -- because that's your main concern -- and see if they could handle one month or if they needed it for two weeks. CHAIRMAN CARTER: Well, why don't we -- why don't we Page 9 October 9, 2001 get to that point, have the discussion, and let everybody do what they need to do. COMMISSIONER MAC'KIE: Okay. CHAIRMAN CARTER: Any other changes, Commissioner Henning? COMMISSIONER HENN1NG: No, sir. CHAIRMAN CARTER: Commissioner Mac'Kie. COMMISSIONER MAC'KIE: You already did mine. CHAIRMAN CARTER: I did yours. You're okay. I have none. COMMISSIONER MAC'KIE: Permission to approve the regular, consent, and summary agenda with the changes noted. COMMISSIONER HENNING: Second. CHAIRMAN CARTER: Prior to voting on this, I must disclose on summary agenda CCSL-2001-2, Mr. Don Cahill representing the petitioner is a member of my Rotary club. He has not discussed this item with me, but I am disclosing so that everyone will be comfortable based on the recent publicity. Thank you. We have a motion. We have a second. Do we have public speakers, Mr. Olliff? MR. OLLIFF: No, sir. CHAIRMAN CARTER: (Unanimous response.) CHAIRMAN CARTER: (No response.) CHAIRMAN CARTER: All in favor signify by saying aye. Opposed by the same sign. Motion carries. Thank you. Page 10 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING October 9, 2001 WITHDRAW: Item 7A THIS ITEM WAS CONTINUED FROM THE SEPTEMBER 25, 2001 BCC MEETING. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA-2001-AR-979, Terrance Kepple, of Kepple Engineering, representing Shader-Lombardo Properties, LLC, requesting a 12.1 foot variance from the Vanderbilt Villas PUD required distance between structure setback of 20 feet to 7.9 feet for property located at 515 Roma Court, further described as Lot 22, Vanderbilt Villas, in Section 21, Township 48 South, Range 25 East, Collier County, Florida. (Petitioner request.) WITHDRAW: Item 8A Petition RZ-2001-AR-451, Walter H. Rascher, Jr. and Lisa J. Rascher representing Ester and Francis Rascher, requesting a rezone from its current zoning classification of "A" Rural Agricultural to "RSF-3" residential single family district, the subject property is located on the North side of Polly Avenue approximately one half a mile North of Rattlesnake Hammock Road in Section 16, Township 50 South, Range 26 East, Collier County, Florida. This site consists of 4.55 acres. (Petitioner request.) CONTINUE: Item 8D: PUD-92-08(1), RWA, Inc., representing William T. Higgs, requesting a rezone from PUD to PUD known as White Lake Industrial Park PUD having the effect of changing the name to White Lake Corporate Park PUD, increasing the industrial land use from 67.4 acres to 77.3 acres, changing the zoning of 7.8 acres from industrial to commercial, reducing the area of the lakes from 44.1 acres to 36.6 acres and the area of the conservation/open space from 22.1 acres to 9.3 acres, and changing the property ownership, for property located Northeast of and adjacent to the intersection 1-75 and Collier Boulevard (C.R. 951), in Section 35, Township 49 South, Range 26 East, Collier County, Florida. (Commissioner Henning request.) ITEM 10B TO BE HEARD IMMEDIATELY FOLLOWING ITEM 6A - Confirm James V. Mudd as the Collier County Deputy County Manager and Leo Ochs, Jr., as the Assistant County Manager. (Staff request.) MOVE: Item 10C to 8,F THIS ITEM WAS CONTINUED FROM THE SEPTEMBER 11, 2001 BCC MEETING. Adoption of an Ordinance amending Chapter 74 of the County's Code of Laws and Ordinances, as previously amended by Ordinance No. 2001-13 (The Collier County Consolidated Impact Fee Ordinance). (Staff request.) October 9, 2001 Item #2B, 2C, 2D, 2E, 2F, 2G and 2H MINUTES OF THE SEPTEMBER 6, 2001 BUDGET PUBLIC HEARING, SEPTEMBER 6, 2001 HEALTH CARE WORKSHOP, SEPTEMBER 11,2001 REGULAR MEETING, SEPTEMBER 12, 2001 PELICAN BAY BUDGET PUBLIC HEARING, SEPTEMBER 14, 2001 EMERGENCY MEETING, SEPTEMBER 18,2001 CODE ENFORCEMENT WORKSHOP AND SEPTEMBER 19, 2001 BUDGET PUBLIC HEARING- APPROVED AS PRESENTED COMMISSIONER MAC'KIE: Motion to approve the minutes of September 6th -- Budget Public Hearing September 6 Health Care Workshop September l lth, 12th, 14th, 18th and 19th. We didn't have enough meetings in September. COMMISSIONER HENNING: Second. CHAIRMAN CARTER: I have a motion by Commissioner Mac'Kie. I have a second by Commissioner Henning. All in favor signify by saying aye. (Unanimous response.) CHAIRMAN CARTER: Opposed by the same sign. (No response.) CHAIRMAN CARTER: Motion carries. Takes us to proclamations, 3-A, Commissioner Fiala. Item #3A PROCLAMATION RECOGNIZING THE WEEK OF OCTOBER 7- 13, 2001 AS "NATIONAL 4-H WEEK"- ADOPTED COMMISSIONER FIALA: for coming up. Proclamation; Yes. This is for 4-H. Thank you Page 11 October 9, 2001 Whereas, the goal of 4-H is to provide educational opportunities for the youth and adult volunteers in Collier County in the areas of leadership, citizenship, personal development and practical skills; and, Whereas, these activities have resulted in learning experiences and accomplishments that have received state and national recognition; and Whereas, the Board of County Commissioners of Collier County feels this 4-H program contributes to the overall development of our youth and strengthens our communities; and, Whereas, the 4-H members receive inspiration and guidance from interested parents, cooperative extension service workers, and staff volunteer adult and teen leaders and support from many community organizations and businesses; and, Whereas, 4-H forms partnerships and collaborates with other youth-serving organizations and agencies to reach a wide and diverse audience. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of October 7th through the 13th, 2001 be designated as National 4-H Week, and all citizens of Collier County are urged to join the board in giving appropriate recognition to the achievements of the 4-H Clubs of Collier County. Done and ordered this 9th day of October. (Applause.) CHAIRMAN CARTER: Whoa, whoa, whoa. Formality, we need a motion for approval. COMMISSIONER HENNING: So moved. COMMISSIONER MAC'KIE: Second. CHAIRMAN CARTER: I have motion for approval. I have a second. All in favor signify by saying aye. Page 12 October 9, 2001 (Unanimous response.) CHAIRMAN CARTER: (No response.) CHAIRMAN CARTER: applaud. (Applause.) Opposed by the same sign. Motion carries. Now you can COMMISSIONER FIALA: Linda, come on up and just say hi. MS. PROVENZA: Good morning. I'm Shirene Provenza representing the 4-H County Council and a member of the Discoverers 4-H Club. I've been a member of 4-H for four years. On behalf of the 4-H club members, I thank the commission, county administrators, and personnel, our extension agents, civic clubs, businesses, schools, and 4-H volunteers for your time, support, and commitment to youth development through 4-H. Throughout the past years approximately 3,000 boys and girls ages 5 through 18 from backgrounds in their families throughout the county participated in traditional 4-H clubs, school enrichment, and through collaborating youth-serving agencies. Over 200 adult volunteers volunteered their time to make these opportunities possible. 4-H emphasizes practical skills, public speaking, recordkeeping, and knowledge in a wide variety of project areas including animal science, citizenship and leadership, health and safety, individual and family resources and environmental sciences. As a 4-H'er I was privileged to participate in the 4-H ambassador program where students are trained in subjects such as etiquette and public speaking. The students go on to earn recognition as a state 4-H ambassador representing all of Florida 4-H in our own area. I was pleased to receive the first-place trophy and medal in the statewide competition for this program. For the past three years, I have been one of 20 Collier teens who received statewide recognition in competition at 4-H Congress held at Page 13 October 9, 2001 the University of Florida where state elections are also held. This year a Collier teen was elected state 4-H council secretary. Three Collier teens also were awarded trips to National 4-H Congress. One teen will also be competing in national engineering events in automotives held in Indiana, and two teens competed in regional horse events in Memphis. Collier County youth also won three out of six top awards presented at 4-H Legislature in Tallahassee. 4-H helps us learn to work together as a group, making decisions and following through on our responsibilities, and we have a lot of fun. This is the centennial year for 4-H, and we'll be participating in a national conversation on youth development with other counties throughout the country. 4-H clubs are reorganizing this fall, and 4-H projects are also being conducted in classrooms and other youth- serving agencies. We invite the citizens of Collier County to join us in helping make a positive difference. Again, thank you for your support. Item #3B PROCLAMATION DESIGNATING THE MONTH OF OCTOBER 2001 AS MENTAL ILLNESS AWARENESS MONTH- ADOPTED CHAIRMAN CARTER: Thank you. Okay. Proclamation B on mental health and mental aware -- health awareness month. Commissioner Mac'Kie. COMMISSIONER MAC'KIE: come up to accept this proclamation. If Kathryn Leib Hunter would While you're coming up, I'm going to start reading it. It's a long one, but it's got a lot of important information in it. Whereas, the strongest weapon in the fight against mental illness Page 14 October 9, 2001 is science, during the past decade, a wide array of effective new medications for severe mental illness have been developed. Genetic discoveries and progressive brain research continue moving us one step closer to sound medical answers for living with and perhaps one day even curing or preventing severe mental illnesses; and, Whereas, a new perception of mental illness is emerging, one that focuses on early intervention, effective treatment, rehabilitation and recovery, no area of health care is changing more than mental health. Advances are prompted by better science and more research, the information revolution, the important role consumers play in advocating for themselves, and family members who speak out for their loved ones; and, Whereas, barriers to mental illness recovery are falling one by one, more than 30 states have adopted measures to ensure health insurance parity. In addition, PACT, which stands for Program for Assertive Community Treatment, a 24-hour-a-day, 7-day-a-week mobile service program for persons with the most severe mental illnesses is being replicated in communities throughout the country; and, Whereas, treatment works if a person with mental illness can get it, science has greatly expanded our understanding and treatments of severe mental illnesses. Once forgotten in the back wards of mental institutions, individuals with these disorders have a real chance for reclaiming full and productive lives, but only if they have access to the treatments, services, and programs so vital to recovery; and, Whereas, the nation's mental health care system is in crisis despite the tremendous strides in the fight against mental illness, far too many still struggle to get access to treatments and services that we know are critical to recovery. The system denies access to the latest medications and limits funding for essential programs. The results have been disastrous. Persons with mental illness are dying in Page 15 October 9, 2001 restraints on hospital wards. They are committing suicide. They are being shot or warehoused in prison. They are discriminated against in the workplace, or they are living wasted, isolated lives unnoticed by anyone when they could again become part of their communities; and, Whereas, research on mental illness is significantly underfunded in relation to its economic and public health impact. Depression, bipolar disorder, schizophrenia, and obsessive-compulsive disorder account for an estimated 20 percent of the world's total disability resulting from all diseases and injuries, yet for every U.S. Taxpayer dollar spent on medical research, less than one cent is allocated to schizophrenia, one of the most disabling mental illnesses; and, Whereas, stigma continues to be the single most significant barrier to people getting the help they need. As underscored by the U.S. Surgeon General David Satcher in his 1999 landmark report on mental health, stigma towards mental illness remains a pervasive and potentially lethal barrier to mental illness recovery. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the month of October 2001 be designated as Mental Illness Awareness Month. Done and ordered this 9th day of October 2001, Board of County Commissioners, Collier County, Florida, James Carter, Chairman. I move acceptance of this proclamation. COMMISSIONER FIALA: Second. CHAIRMAN CARTER: I have a move for acceptance. I have a second. All in favor signify by saying aye. (Unanimous response.) CHAIRMAN CARTER: (No response.) CHAIRMAN CARTER: Opposed by the same sign. Motion carries. (Applause.) Page 16 October 9, 2001 MS. HUNTER: One of the highlights of the proclamation each year is that I get to see Linda Denning one time every year at 4-H -- COMMISSIONER MAC'KIE: The same time. MS. HUNTER: I get to see some of you at the same time. COMMISSIONER MAC'KIE: That's right. MS. HUNTER: But seriously, on behalf of the board of directors ofNAMI, I appreciate this proclamation. And if statistics serve me right, there's five commissioners so at least one of you is personally affected by severe and persistent mental illnesses. NAMI continues to serve the one in four families free of charge in Collier County. We provide educational programs. We help families access services, and we've had a rash recently of children who unfortunately have been presented with some real barriers to care. On October 27th I'd like to ask you to -- invite you to join Judge Baker and Judge Carlton Anne Goodnight, myself, Senator Saunders for Partners in Crisis, Children in Crisis Awareness Day. And at the panel we will talk about the severe barriers that children face. Only 15 percent of our children are receiving services that need them. Then we will take the families there and help teach them how to be real good advocates and how to communicate effectively with their legislatures. So I will be sending you a pamphlet on that and, again, thank you. Have a good day. COMMISSIONER FIALA: Thank you, Kathy, for all you do. CHAIRMAN CARTER: Thank you. (Applause.) Item #3C PROCLAMATION RECOGNIZING THE ECUMENICAL COALITION- ADOPTED Page 17 October 9, 2001 CHAIRMAN CARTER: All right. Next proclamation will be by Commissioner Henning. That will be the Ecumenical Coalition. Commissioner Henning. COMMISSIONER HENNING: Yes. And I call up Rayburn Cadwallader. While you're coming up, I'll go ahead and start the proclamation. Whereas, on September 11 th, 2001, a devastating blow was struck upon social, moral, and economic fiber of the United States of America by means of terrorists capturing airplanes and flying and using them as instruments of murdering thousands of innocent people from many countries of the world; and, Whereas, all societies of the world are now in a state of turmoil wondering what will hence occur in their respective parts of the world; and, Whereas, our American society of the world has been thrown into a state of fear for it's ongoing existence; and, Whereas, the cities and countries of-- counties of Southwest Florida have been dramatically and sadly impacted by the death of relatives and loved ones; and, Whereas, the communities of Naples and Collier County mourn those impacts-- impacted; and, Whereas, there is a very uneasy environment as to what next to do in our communities to show our patriotism and our love for fellow people; and, Whereas, the Ecumenical Community through the Ecumenical Coalition desires to bring about a new future for our citizens who will fight to preserve our way of life both here and abroad. Now, therefore, the Board of County Commissioners of Collier County, Florida, recognizes and encourages the Ecumenical Coalition for its efforts to rebuild the love of our citizens and fellow people. Done and ordered 9th day of October 2001, and signed by the Page 18 October 9, 2001 Chairman James D. Carter. Motion to approve this proclamation. COMMISSIONER MAC'KIE: Second. CHAIRMAN CARTER: I have a motion for approval. I have a second. All in favor signify by saying aye. (Unanimous response.) CHAIRMAN CARTER: Opposed by the same sign. (No response.) CHAIRMAN CARTER: Motion carries. (Applause.) COMMISSIONER MAC'KIE: I listened to -- you were at City Council recently. Are you going to give a little talk here too? MR. CADWALLADER: Yes. COMMISSIONER MAC'KIE: Good. I just thought that was very informative. MR. CADWALLADER: So that Reverend Brown doesn't become concerned, I am a recent transplant to Collier County, and we will be approaching the ministerial association on this matter. Their president, a young lady by the name of Lisa Litco, is going to set it up. I think we all have been so affected by this recent debacle. Interesting to note, having been in politics for about 40 years and then having moved here, I'm at an extreme disadvantage. I don't know anybody. So I just took this on. I did get a telephone call from one of my young friends who is now in the United States Congress, and we got onto the discussion because he and I knew seven people that were killed in the event, and one of those seven was from Terrace Park where I'm from in Ohio. And I notice his name is the same name as a person here who was killed; very coincidental. The name was Cherry. No relation. Excuse me. Our conversation went on and he said, "Ray, you wouldn't Page 19 October 9, 2001 believe in the cloakrooms of our United States Congress there are discussions like you can't believe about the same subject that I'm here talking to you this morning and we, frankly, don't know what to do." And I said, "Well, I don't think it is a legislated -- legislative matter. I think it is, in fact, a people on people matter." And with that in mind and with the thought in mind that a history of working with Habitat for Humanity, I'm going to approach them because I think their prototype is an excellent one to start here and that is volunteer, ecumenical, local, citizens one-on-one. I think that Collier County and Naples are excellent examples of where something can start like this from ground up without having a bureaucracy set up to do it or help from Washington. With that I thank you very much. And whereas the past two proclamations were recognition of the past, I hope someday in the near future you will recognize this as being an event that you happened to participate in. Thank you very much. CHAIRMAN CARTER: Thank you. (Applause.) Item #4 EMPLOYEE SERVICE AWARDS - PRESENTED CHAIRMAN CARTER: All right. We move to the service awards. Commissioner Coletta. MR. OLLIFF: Mr. Chairman, as the board's making their way down to the floor, I'd like to take the opportunity to go ahead and ask our five-year attendees as I call their name to make their way up to the front. We have a number of five-year recognitions this morning, and the first would be Carla Fogle with Utilities Billing. The next would be Tony Barry with Transportation. Next would be Diana Page 20 October 9, 2001 Watson with EMS, Carole Esposito with the Water Department, followed by Kellie West of EMS, followed by Tishya Arthurs from Building Review, Keith Maycroft with Road and Bridge, and our last five-year awardee would be Mario Garcia with Wastewater Collections Department. If I could get a round of applause for these employees. They've been-- (Applause.) MR. OLLIFF: We have the good fortune of recognizing two ten-year attendees this morning, Carl Gibson with Pollution Control and Ed Kant with the transportation department. (Applause.) MR. OLLIFF: Finally, Mr. Chairman, we've got one 15-year attendee this morning, and Roger Baase from your Parks and Recreation Department. (Applause.) CHAIRMAN CARTER: It's a photo op. MR. OLLIFF: Mr. Chairman, that's all our awardees this morning. Thank you very much. Item #5A PRESENTATION OF THE EMS PHOENIX AWARDS- PRESENTED CHAIRMAN CARTER: All right. The next item is a very special morning for us as far as our presentations. I will turn that over to Mr. Tom Storrar for the Phoenix awards. MR. STORRAR: Good morning, Commissioners. Tom Storrar, your Emergency Services Administrator. It's great -- with great pleasure and pride that I can present to you the recipients of the Phoenix Awards handed out by our EMS Department. Page 21 October 9, 2001 The Collier County Emergency Medical Services Department has adopted the Phoenix Award to recognize those paramedics and firefighters through their skills and knowledge have successfully brought back to life individuals who have died. The Phoenix was a mythological bird who died and rose renewed from its own ashes. During the month of August, the emergency medical service paramedics and North Naples Firefighters using their skills, knowledge, and expertise brought back to life three members of our community. We are proud to recognize the following medics. If they would come down front, please. Lieutenant Erin Percival and Paramedic Craig Samples. If you would come down front, please. (Applause.) MR. STORRAR: At this time we would also like to recognize and present the Phoenix Award for their immense help in saving the lives to the following North Naples firefighters; Captain Paul Morriarty, Firefighter John Stanfill, Firefighter John Vosburg, and Firefighter Michael Swanson. (Applause.) COMMISSIONER MAC'KIE: In case you didn't notice there is a black ribbon on the firefighters' badges in memory of the firefighters in New York City and elsewhere. COMMISSIONER FIALA: You know, until you mentioned that, I didn't notice. I'm glad you pointed that out for the audience as well. CHAIRMAN CARTER: Thank you very much for the service that these fine men and women do in our community. Too often we just take this for granted. We see them out there, and we just have an expectation if we're in trouble they'll be there. They go through rigorous training. They are on top of what they have to do every day, and they're there to serve us. And it's just wonderful to have an Page 22 October 9, 2001 opportunity to spend a few minutes and recognize them for a job really well done. So the next time you see one of them out there, you know, say hello and thank him for taking care of us. All right. That moves us to public petitions and comments. MR. OLLIFF: Mr. Chairman, I have no one registered this morning. CHAIRMAN CARTER: No registered speakers under that this morning. All right. Then we will move to -- (Unidentified inaudible speaker from audience.) COMMISSIONER MAC'KIE: Oh. MR. OLLIFF: Under public comments and general topics? COMMISSIONER MAC'KIE: Well, we'll find them then. MR. OLLIFF: For the Parker Beach? Okay. I assumed you wanted to speak under the beach renourishment item. UNIDENTIFIED MAN: That's fine. MR. OLLIFF: Okay. CHAIRMAN CARTER: Okay. COMMISSIONER MAC'KIE: It probably makes more sense. CHAIRMAN CARTER: All right. We'll hear from you under beach renourishment. Item # 1 OB CONFIRMING JAMES V. MUDD AS THE COLLIER COUNTY DEPUTY COUNTY MANAGER AND LEO E. OCHS, JR., AS THE ASSISTANT COUNTY MANAGER- APPROVED All right. That would move us to 7 -- I'm sorry. 10-B, approval of Mr. Mudd and Mr. Ochs for positions that you have recommended to the Board of County Commissioners. COMMISSIONER MAC'KIE: Before there's a rush to get to Page 23 October 9, 2001 make the motion to approve that, I'm just going to jump in 'cause I want to get to -- to thank Tom for that outstanding choices, thank the two of you for your willingness to do even more and harder work and recommend approval -- move approval. COMMISSIONER FIALA: Second to that. CHAIRMAN CARTER: That certainly took care of your presentation, Mr. Olliff. I have a motion to approve. I have a second. All in favor signify by saying aye. (Unanimous response.) CHAIRMAN CARTER: Opposed by the same sign. (No response.) CHAIRMAN CARTER: Motion carries. COMMISSIONER MAC'KIE: You look like you have something to say. CHAIRMAN CARTER: Please go ahead, Tom. MR. OLLIFF: The only thing I would say on top of that is thank you very, very much. I think these two gentlemen will serve Collier County extremely well in those positions, and I think you won't regret that decision. COMMISSIONER MAC'KIE: No doubt about it. CHAIRMAN CARTER: All right. A round of applause for these gentlemen. (Applause.) CHAIRMAN CARTER: For many in our listening audience, you may not really -- maybe you're just tuning in or maybe just coming back, or you don't follow us on a regular basis, but this is an ongoing effort on Mr. Olliffs part to build a management team. And he has been very, very successful in the people he has brought into the organization and the ones that he's grooming and growing in the organization, and this is not the end. Within probably 30 to 45 days there will be more announcements of people who will be joining or Page 24 October 9, 2001 moving forward in Collier County Government. I said it privately, I've said it publicly, we will build the best management team, and I will pit that team against any team anywhere at any time. This is a first-class organization, and they're really doing their job. So you can stand tall, and you can be proud of what you're doing. I know I'm proud as a commissioner and the privilege to chair this commission of being a part of this growth in Collier County. So thank you, Tom, for an excellent job. MR. OLLIFF: Thank you, Mr. Chairman. CHAIRMAN CARTER: We will move to Item 7-A, Board of Zoning Appeals. This -- A has been withdrawn. Item #8C PUDA-2001-AR-702, MARGARET PERRY, AICP, OF WILSON MILLER, INC., REPRESENTING EAGLE CREEK PROPERTIES, INC., REQUESTING AN AMENDMENT TO THE EAGLE CREEK PUD TO ALLOW SELF STORAGE FACILITIES AND RELATED STRUCTURES FOR THE EXCLUSIVE USE OF EAGLE CREEK RESIDENTS, LOCATED AT 401 TOWER ROAD - DENIED MR. OLLIFF: Mr. Chairman, I think your next item is all the way down to 8-C. CHAIRMAN CARTER: 8-C. So 7 we eliminate. We're all the way down to 8-C. Moving right along in this agenda. 8-C is continued from September 25th. This is PUDA-2001-AR-702. COMMISSIONER MAC'KIE: I have disclosure if now's the appropriate time on this, Mr. Chairman. CHAIRMAN CARTER: All right. Commissioner Mac'Kie, disclosures. Page 25 October 9, 2001 COMMISSIONER MAC'KIE: I met with representatives of the neighborhood, the Eagle Creek area. CHAIRMAN CARTER: Mr. Henning. COMMISSIONER HENNING: I have received some e-mails and talked to some of the residents and representatives of the Eagle Creek residences, and there is a file somewhere around here of my contacts. COMMISSIONER MAC'KIE: That's always the case too. CHAIRMAN CARTER: That's always the case too. We all got a file somewhere. Okay. Commissioner Coletta. COMMISSIONER COLETTA: I also met with the residents and the petitioner. I have my file right here. COMMISSIONER FIALA: And, likewise, I have met with the residents, actually, a couple times and the petitioner, and here's my file. CHAIRMAN CARTER: Boy, the organization skills are improving rapidly here. I, likewise, have met with the homeowners of the -- of the association. I've had e-mails. I've had letters. I have had phone calls. Anyone participating in this needs to stand and be sworn. (The oath was administered.) THE WITNESS: Good morning, Commissioners. CHAIRMAN CARTER: Good morning. MR. REISCHL: Fred Reischl, planning services. This is a request for rezone for the Eagle Creek PUD. Petitioner proposes to eliminate the use of water and wastewater facilities and to replace that with self-storage facility. And on the visualizer you can see the location of Eagle Creek southwest comer of U.S. 41 and Collier Boulevard, and I've highlighted the area that's proposed for the self- storage facility if this is approved on the Tower Road side of Eagle Creek. Page 26 October 9, 2001 I've also passed out an amended property owner list. The -- it was brought to staff's attention that the property owner is not Eagle Creek Properties but Eagle Creek Utilities II, and you have the amended property owner list in front of you. They are generally the same people with the deletion of one person; that is properties and not utilities. This petition is consistent with the Growth Management Plan because the storage facility would be for the exclusive use of Eagle Creek residents; therefore, it's considered an accessory to a residential use and not a commercial use. The parcel's isolated from the rest of the Eagle Creek PUD by the golf course, and its access is from Tower Road. Self storage is a low traffic generator. Transportation services department did not have a problem with people leaving Eagle Creek and accessing the site from Tower Road. The Planning Commission heard this petition, and at the hearing they heard several Eagle Creek residents who were in opposition. Their concerns included the fact that it would become -- it would become a commercial operation, that it would generate excess traffic, and the facility was not needed by the residents. The Planning Commission-- there was a motion to approve, and that failed and the people who were opposed to that motion stated that there was a lack of internal access to the parcel. Based on the buffering that's required by code and the fact that it is consistent with the Growth Management Plan for Eagle Creek residents only, staff recommends approval. COMMISSIONER MAC'KIE: I have some questions. CHAIRMAN CARTER: Questions by commissioners. Commissioner Mac'Kie. COMMISSIONER MAC'KIE: Having learned a really difficult lesson in Foxfire where we got statements from people who Page 27 October 9, 2001 purported to represent their communities and later found that maybe while they technically legally did, they didn't in actuality or maybe they even legally didn't -- and I'm not going there, but I'm concerned about what -- what level of investigation the staff does now when somebody comes in and says, for example, this petition is supported by -- there's something in the file that says this is supported by the residents of the area and that there was -- pardon me just one second. Maybe I can stop doing that -- that there is a petition and that this is supported by the neighbors, et cetera. What do we do to confirm or to get more information about that petition, because I've now had it pointed out to me that this was an old petition, that it wasn't current; that, in fact, there were very few responses. That there is a more current inquiry, et cetera. And absent that I -- I would have pre-Foxfire assumed that if a petition says the community supports it. We did a survey. I would have presumed that to be true, and I don't necessarily anymore, and I wonder if there are provisions for the staff to confirm whether or not such a representation is true. Long question. Sorry to be so verbose. MR. REISCHL: And it's probably going to be a short answer. No, we don't, but that's because we don't rely on that information for our analysis. COMMISSIONER MAC'KIE: But can you imagine -- I mean, I know that you can, Tom, that for a county -- county commissioner it is very important. I relied on it significantly to my detriment in the Foxfire matter as I stated previously and your commissioners -- I will suggest to you that I'm not alone in that, that you care a lot about what the community's opinion is. So there needs to be some way. I don't know what it is, but I just punt that to you as the county manager. That's all I've got. CHAIRMAN CARTER: Commissioner Henning. COMMISSIONER HENNING: Two questions. This is a PUD Page 28 October 9, 2001 amendment, so for my own information does staff look at the whole PUD and see how it is consistent with our LDC and our comp plan? MR. REISCHL: We do. In fact, on your underlined copy, you saw a lot of other changes besides this one, and those were all initiated by the county attorney's office, so there is a look to bring it up to today's code but not -- especially for Eagle Creek because it's significantly built down. COMMISSIONER HENNING: Okay. The second and final question is, how would the residents of Eagle Creek -- since this is for their use only, what is their access to it? MR. REISCHL: As I said, that was brought up at the Planning Commission, and there is no internal access to it. It is from Tower Road. So a resident of Eagle Creek would have to exit Eagle Creek onto either Collier Boulevard or 41, go around the back way or go around to Tower Road to get to the -- to the site. COMMISSIONER HENNING: There is no way for interconnectivity? MR. REISCHL: Not keeping the golf course in its current configuration. COMMISSIONER HENNING: And we've got to keep our golf courses intact. MR. REISCHL: Well, again, this is a lower traffic generator. The ITE manual showed it as 31 trips per day, which I think is probably high for a storage facility anyway, but the ITE shows there's only 31 trips per day. CHAIRMAN CARTER: Commissioner Fiala. COMMISSIONER FIALA: Yes. That 31 trips per day interests me as well. The -- the developer has stated that he polled the community, yet some of the responses or some of the letters that I got e-mails and letters that I got said they hadn't been polled. Number one, that concerned me. Number two, most of them that I had heard Page 29 October 9, 2001 from, in fact, every resident that I heard of-- heard from said they would not be using the facility and what they were concerned with being that there would be no use by the Eagle Creek Community, and they would have to come out onto the roadway to -- so they didn't really feel that it was really meant for them anyway. They were concerned that it would be turned commercial. In your summary you, of course, have said it won't be commercial unless, of course, the developer comes back and asks for approval. If they get approval, then it is a commercial. That 31 trips, number one, will change, obviously, because now it would be rented to outsiders. Second of all, this would -- this would be the concern of the residents living in Eagle Creek that it would be a commercial facility, and I'm concerned about that as well. CHAIRMAN CARTER: But, Commissioner, that can never happen unless the Board of County Commissioners approved that. COMMISSIONER FIALA: So then what happens to that property when he has 110 storage units if we don't approve it? What does it do? Just sit there and erode? MR. REISCHL: Yes. It would be -- if he doesn't have a business to support the facility, then it could not open to the public unless the board approved the Growth Management Plan amendment, and then if that amendment was approved, they came back to amend the Eagle Creek PUD once again. COMMISSIONER FIALA: So now these people -- the developer is saying he is -- he is building these in response to the community's request. The community doesn't seem to want it at all. The developer is pushing and the community is fighting it, so -- but continually insists that it's for the community, but they don't want it. I'm having a problem with that. Anyway, I'll just state that for the record. CHAIRMAN CARTER: Commissioner Coletta. Page 30 October 9, 2001 COMMISSIONER COLETTA: If I may, one of the -- one of things I can mention -- to the developer's credit, he was up front with the questions I asked him, and I expressed a concern over the fact that he would be issuing the IDs -- issuing the IDs to be able to gain entrance to this. And my concern was that at some point in time if this thing didn't prove to be profitable, what's to say that the next owner would feel obligated to hold to these criterias. And also, too, from what I can see, the survey that was put out wasn't a true survey. It was questions asking people if they would like to rent different units, what size units, and when they came back they never asked the question yes or no would you like it. So the survey was self-serving, which is true of most surveys, and I don't want to discredit the developer for that, but I do have concerns. And that when I asked the developer how many units would be going in there, he didn't know. He didn't know what the break-even point was. So that was telling me that he has no idea as far as the business plan goes if this is going to work, and so my -- my suspicions are that there's an ulterior motive to this whole thing, and I would like to have answers to that today. CHAIRMAN CARTER: Well, I would have to too, Commissioner Coletta. You went to the core of the motive. What is the motive, because if there's no cost benefit analysis -- and as a businessman this is a turkey. MR. OLLIFF: Mr. Chairman, that might be an appropriate segue to have the petitioner come forward and make a presentation. COMMISSIONER COLETTA: I think so. COMMISSIONER FIALA: Lots of questions. CHAIRMAN CARTER: I'll withhold my comments as to turkey. Maybe it's a golden goose, and I don't know it. COMMISSIONER MAC'KIE: And, Tom, while they're setting up, will you give some thought, please, to that issue about how to flag Page 31 October 9, 2001 these. MR. OLLIFF: I will. I'm concerned about the position it puts the planning staff in of trying to go out and verify a survey or to resurvey. If there is an association in place, it makes it a little easier. There is at least an association board which is easy to check with. So when there is a formalized association of any kind, we can certainly do that, and it will bring back some recommendations for that, because I do think you have a very valid point, especially from the commissioner's perspective. COMMISSIONER MAC'KIE: At -- at least to flag it for county commissioners. CHAIRMAN CARTER: I don't know, Tom. I don't know where in the criteria process but, you know, there's organizations like Molhke & Associates. I mean, we need to find an objective third party if that's going to be a basis for a commissioner decision making that somewhere in the process. Maybe that has to be built in that says, "If you're going to have homeowners association's input, then it has to be one that is done by an objective valid third party, or we can't consider the criteria." MR. OLLIFF: And a lot of this will be addressed at least in part by your public participation plan that you will review as part of the LDC. CHAIRMAN CARTER: Good morning. MS. PERRY: Good morning, Commissioners. I'm Margaret Perry from WilsonMiller. With me today are David Amico, president of Eagle Creek Properties, Jeff Perry, transportation planner from WilsonMiller, and Jim Siesky from the law firm of Siesky, Pilon, and Wood. I'm going to give a brief overview of what our request is, why we're requesting it and, if it meets with your favor, have follow-up speakers Mr. Amico, Mr. Perry, and Mr. Siesky. The Eagle Creek PUD is generally bounded on the north by Page 32 October 9, 2001 Tamiami Trail East, the south by Tower Road, east Collier Boulevard, 951, and west Barefoot Williams Road. The subject site is approximately 1.4 acres located northeast of the existing two-story golf course maintenance facility. From 1985 until late 1999, this site was used as a sewage treatment facility for the Eagle Creek Development. When county sewer service became available, Eagle Creek became a customer of the county, and the sewage treatment plant was no longer needed. Directly north and west of the sewage treatment plant -- the former sewage treatment plant is the Eagle Creek Golf Course and the maintenance facility. To the east is the Comcast TV tower and to the south across Tower Road is a single-family residence located quite a distance from that road. The request before you today is to amend Section 4 of the PUD document for Eagle Creek which section outlines the uses and standards for development within the golf course indicated tract shown on the master plan. We request that essential services, including on-site water and wastewater treatment facilities, be deleted and self-storage facilities for the exclusive use of the residents of Eagle Creek be added. Currently the PUD states that this site could be used for a clubhouse, pro shop, gift shop, restaurant, cocktail lounge for use of the patrons of the golf course; however, given the location near the golf course maintenance facility and the TV tower to the east, we do not believe that the uses are feasible. It is the intent of the developer to provide a use that is much less offensive than the former sewage treatment plant and also provide a potential benefit to the residents of Eagle Creek. The Planning Commission considered this request on July 19th. A motion was made and seconded for a approval, but failed by a vote of 3 to 4. The basic premise for the motion made was the right of the Page 33 October 9, 2001 property owner to use his land in a way that was compatible with and not offensive to adjacent land uses. We believe that a self-storage facility is such a use. Your staff has recommended the compatibility of the proposed use and has recommended approval of this request. Other issues that were raised at the Planning Commission, as Fred said, were additional traffic generation, lack of internal access, belief that the facility would become a commercial establishment, and the lack of interest by the residents. Jeff will address the traffic issues, and Mr. Amico and Mr. Siesky will address the other issues. I thank you very much for your consideration, and now Mr. Amico would like to state a few things. Thank you. MR. AMICO: Good morning, Commissioners. CHAIRMAN CARTER: Good morning. MR. AMICO: I am David Amico, president of Eagle Creek Properties. I have been with Eagle Creek Properties since its inception some 15-plus years. As Margaret had mentioned, in 1986 the sewage treatment plant began operation for the residents and area of Eagle Creek and was a Florida Public Service Commission regulated utility. The intent of the developer was to operate a sewage treatment plant there indefinitely. The piece of land is a landlocked piece of property, doesn't really have much value for PUD-related uses, as Margaret had mentioned, for either housing or for golf course related pro shop or something to that effect, but the land did serve well for a sewage treatment plant. The -- once the service was turned over to the county, which was in late 1999, we had a -- for lack of better word -- survey. An interest letter went out to the homeowners that were present at that time. That was in February of 2000. It -- it basically was a result of requests that we had received in our sales office from time to time, and I don't have that as a documented list of people, but as 951 or Collier Boulevard had developed with RV parks Page 34 October 9, 2001 -- for example, there's Pelican Lakes and Silver Lakes right across from us -- we've had people from those areas stop into Eagle Creek and say, "Do you have a place where I might be able to keep my RV if I were to purchase here?" That's their lifestyle. That was the request. Homeowners within Eagle Creek, we did get some homeowners that purchased at Eagle Creek from these developments. We felt there could have been others. Some people at Eagle Creek have boats that they store off site, and from time to time we get a request for that. That was the genesis of the interest letter going out originally. The sewage treatment plant itself was sold or disassembled in early 2001. From the period of late '99, 2001 we were looking for someone to -- to take this package plant. There's not too many buyers for something like this, and in mid 2001 it was disassembled -- disassembled very recently in the June, July period is really when it was completely removed. The request was filed with the county in April. Once we knew we had a buyer for it and we knew -- we felt we had interest from both outside -- and by "outside" I mean the use would be solely for the residents, but we feel there would be more residents or potential customers that would have purchased here and still may that -- that do own over at these other RV resorts that I had mentioned. We then, once we knew we were moving the property, had it cleared and ready to use. Then we went through with a further expenditure of having WilsonMiller engineering firm request the land-use change to storage units. The piece of property, as I had mentioned, is a landlocked piece of property. We had intended to use it for a sewer plant all along. The property as it stands today has very little use with the current PUD uses to the owner, and we felt that this would be the best nonintrusive use by the owner. If there were another use that we felt would be less intrusive and would be more Page 35 October 9, 2001 beneficial, we would do so. You had asked about the analysis that had been done. At the time that this was done, we had looked at the cost of building these. We had looked at the neighborhood, the rental rates, and it seemed to make sense because owning the property -- and it's sitting there today just as a piece of property that is not being used for anything -- it could be phased, and we would obviously only be renting to those that do have an interest. There may be a great deal of people that may not have an interest, but we feel that there still is an adequate number that we may phase it one building at a time and fill those buildings up. But it certainly would have more of a beneficial use to us in doing that than it would be just sitting there today and/or finding another use and/or coming back to you at a later date and trying to pull it out of the PUD and sell it to someone else altogether. But right now it's just a piece of property we can't use very well. COMMISSIONER FIALA: Just a fast question, Dave. I'm sorry to interrupt you, but I understood from the residents that they had wanted to buy this property and convert it to something that is -- that is friendly to the golf course, and -- and I was wondering have you been working with them along that line? Have you come up with a sale price? I know that they've been trying to get one from you. MR. AMICO: We have -- we have attempted a couple times to negotiate with the homeowners and -- I should say with the golf course community and have not been successful. We requested a meeting as recently as yesterday and met with them, and they felt that they wanted to wait to see the results of this -- of this meeting before they would sit down again with us. We have asked for a price. They have not given us what they feel it would be worth. We do -- you know, I think if that were to go forward -- our intent in filing this was not to try to drive that price Page 36 October 9, 2001 one way or another, I mean, and I don't want that insinuation to be here. The intent is to build storage units. It's the best -- we feel the best use of the property today, and that's the intent. CHAIRMAN CARTER: What do you think the value of the property is today? MR. AMICO: Well, we had an appraisal done by Appraisal Research, and it came in in excess of $100,000. COMMISSIONER FIALA: For the one acre of landlocked -- MR. AMICO: 1.6 acres, yes. CHAIRMAN CARTER: What would it cost you to build the storage sheds? What would your -- see, I'm looking at a cost-benefit analysis. I'm still puzzled why you would invest in something where you don't know what the return is. MR. AMICO: Well, it's a greater use of the property than it is today. There is -- right now it is just sitting there as a -- as a piece of property not being used for any -- we do feel that there is a benefit and there is enough interest to -- you know, to warrant. COMMISSINOER MAC'KIE: Mr. Chairman? CHAIRMAN CARTER: Yes. COMMISSIONER MAC'KIE: Maybe I'm really sensitive to this issue since I'm about to get into the land acquisitions business for the public sector, but certainly we have valid inquiry about whether or not this is a viable use before we approve a rezoning change. But I think we have to be careful about getting into the valuation question when we know there's this ongoing debate between, you know, a private-- two private interests. And -- and, personally, I think we have to focus on whether or not this is an appropriate land use for this piece of property. And a factor for me in that decision is whether or not there is a market for it, and that's what you're investigating and inquiring about it, and I respect that. Part of, you know, what we're hearing from the people Page 37 October 9, 2001 who live currently in your community is that either your data was old or inadequate, but we are hearing from them that there's just not a market. And the last thing that I want to do is support a rezone for a construction project that becomes a dead piece of dark land there attracting, you know, potential crime problems and that -- that is a really valid community issue for us to be concerned with. I don't understand and I'm not going to get into your business about why you would want to rezone something for which there does not appear to be a market. That's a private question, and it's your business, but it's our business from the perspective of whether or not it's going to sit dark if we were to approve it and became, you know, a drain on the community in addition to whether or not it's just appropriately sited from a land-use perspective. This appears to me, based on what I've heard so far-- and we're just starting this public hearing -- that, you know, there's really not a market for this and that you're potentially creating -- if we were to approve this -- would be potentially creating a safety and crime and just a community blight issue is what it starts to look like to me. CHAIRMAN CARTER: Well, I appreciate your comments, and you're going where I wanted to go. It becomes a bigger picture, but questions by other commissioners. COMMISSIONER COLETTA: Well, this question is directed to our county attorney, Mr. Weigel. Would you advise us on this. I'm the one that brought up the issue of the value of the property, and if I didn't act appropriately I want to know now so I don't do it again in the future. MR. WEIGEL: I think that you can -- it's not inappropriate in the general context of discussion and information gathering to ask that kind of question. Ultimately, as Commissioner Mac'Kie indicated, the formal questions before you are the appropriateness of a land-use change request within an area that already has a specific Page 38 October 9, 2001 zoning, and this is PUD-to-PUD rezoning and -- but I think that -- the kind of questions and value can be part of the general information gathering that you have, but not the -- not the mainstay of the decision-making process, because this is a land-use code related, Growth Management Plan related hearing in general. I hope I answered your question. COMMISSIONER COLETTA: Thank you, Mr. Weigel. CHAIRMAN CARTER: Other questions for Mr. Amico. Commissioner Henning. COMMISSIONER HENNING: Mr. Amico, I'm sure we're going to hear from the residents that you say it's for their use and their use only, and I'm sure they're going to say, "Well, how are we going to be assured of that that is going to be only for their use?" My question is, who do you think should enforce the use "residents only"? MR. AMICO: I would say the most likely group would be the property management company. Seems that that would be a company regardless of who they are today or in the future. There's always going to be someone managing that area. As far as the assurance goes, I think the assurance is that the petition says that. We're saying that. COMMISSIONER HENNING: Okay. MR. AMICO: Unless the whole process here really has -- has a fault and that -- that we can't believe what we're saying and we can't believe what we're voting upon and we're worried about what may happen that -- that a bad decision is going to be made by another group in the future. We're -- we're here to say that the intent is for the homeowners only, that the -- we're happy to control that. We're happy to control that with cards, gate -- gate this area in and have cards strictly issued to homeowners. We're happy to keep those records completely open to homeowners or representatives, the Board Page 39 October 9, 2001 of County Commission, or anyone else that you feel would be appropriate. COMMISSIONER HENNING: You said the property manager will be responsible for that? MR. AMICO: Well, you said-- you asked me who would be the most likely person; that seems to me that that's going to be the group that will be there on an ongoing basis, as opposed to saying the developer would do it or the club president or, you know -- COMMISSIONER HENNING: The property manager -- MR. AMICO: I'm saying the records could be completely open, you know. It could be done through the club if they choose to assist in if they felt that that was a control issue and wanted to participate in that. We have no problem with that either. CHAIRMAN CARTER: How many public speakers do we have, Mr. Olliff?. MR. OLLIFF: You have three. MR. AMICO: I have -- I'm sorry to interrupt, but Jeff Perry wanted to just address the traffic issue if he could. CHAIRMAN CARTER: Commissioners, have any questions on traffic? COMMISSIONER MAC'KIE: Thirty-one trips; that's not really the issue. CHAIRMAN CARTER: I don't think that's an issue for the board, Mr. Amico, but we would allow him an opportunity to come back and speak to that issue if it becomes one. MR. AMICO: And I believe Jim Siesky had some comments as well. Thank you. MR. SIESKY: Thank you, Commissioners. Just a few brief comments. CHAIRMAN CARTER: For the record, sir. For the record, sir. MR. SIESKY: Jim Siesky, for the record. I want to let you Page 40 October 9, 2001 know that we did try to meet with the homeowners, and we did try to meet with them yesterday. Our purpose in the meeting was to try to address their concerns with regard to this use of the property. Unfortunately, it -- they weren't willing to consider the use of the property for the storage facilities, so we really didn't get anywhere in addressing their concerns. It seems more apparent that they're most intent on purchasing the property, and we would have been happy to discuss with them purchasing the property. We recognize that they didn't have a lot of time to discuss that with the owner and suggested perhaps a continuance. They weren't willing to do that, so that's why we're here today. Some of the concerns that we have heard that you've discussed today is the need. I suggest to you that that's a business decision this board usually doesn't get involved with. If someone wants to build a residential community or some other development, this board is usually not addressing whether it's going to be viable. I can think of quite a few that have failed, and the board really wasn't concerned at that time whether they would succeed. The -- also with regard to the actual use of this property for whether there's a demand, I did some quick rug research yesterday and found one indicator. It was a survey that was done in Oregon, and the per-person basis it's -- range from 4.5 square feet per person to about 17.5 square feet per person; that is storage demand. There are approximately 1,000 people that reside in Eagle Creek. That would net, based on the middle point, say, ten square feet per person, about, I think, 10,000 square feet demand. That's four buildings based on the proposal of 2,500 square feet per building. So it should be adequate demand over the years that this facility would be used. One of the other concerns has been security. We have said repeatedly that this is only for the use of the people here that are Page 41 October 9, 2001 residents of Eagle Creek, and these people -- the people of Eagle Creek should thereby be more secure, both in the fact that they will be the only people using the facility, but only their neighbors will be using the facility. They won't be using a facility with strangers as they would in the general public. I know that they're concerned about how do we assure that only people in Eagle Creek can use this facility. And I asked Mr. Pires yesterday, "What would you like to see?" He didn't have an answer. He wanted us to suggest something. I talked with Mr. Amico and we talked. We provided the rent roll. I don't think that really does a whole lot of good. We can provide the rent roll, but there still needs to be some enforcement mechanism and in thinking -- I haven't really discussed it with Mr. Amico, but I think we could probably do a covenant that runs with the land that would be enforceable by the homeowners association or wherever is necessary. That should be sufficient. Provide for attorneys' fees if we don't use it or the purposes that we said we would, and I don't see any real problem with that. There's adequate provisions, I'm sure, in the existing PUD that would permit us to negotiate and -- and put in place a covenant like that and I would be willing to say that it would be satisfactory to the residents before being finally approved by this board. Read my notes. One of the other concerns, I guess, is the maintenance facility would lose a direct access. There is an access that is used now in this area (indicating). Okay. Thank you. Okay. The access that is used right now is this area, whereas the actual access is over in this area (indicating). I would suggest to you that this access -- there's no right to use it at this point, but we would do -- make in a planning process endeavor to make that available for use by the golf course if possible. COMMISSIONER FIALA: Let -- let me just understand what you said. Instead of driving out onto 951, they could use that access? Page 42 October 9, 2001 MR. SIESKY: No, ma'am. I'm sorry. This maintenance facility has maintenance vehicles that would like to make a direct access to this area of the golf course. Instead they have to come around this way or would have to come around this way if the access were blocked off. It's strictly golf course maintenance facility vehicles. There's also been some discussion about it possibly being an eyesore. It's screened now but, as you know, it's -- there's pepper hedge that is screening part of the area. That will have to be removed, will have to be removed anyway. The owners of the golf course maintenance facility would have to screen that. The club is willing to -- I mean, the owner is willing to participate equally with the club owners to share the cost of that screening, the replanting. The only other concept that I really heard that was a concern was the absence -- absence of internal access, and thats really can't-- can't be remedied. You can't go across that golf course and destroy the beauty there. We suggest to you that the proposed use with the safeguards is imminently reasonable. It's a business decision that we people in the capital society are entitled to make, and if it fails with that stipulation in the covenant that runs with the land, it would just be the problem for the developer. Thank you. Any questions? CHAIRMAN CARTER: Thank you, sir. Public speakers, please. MR. OLLIFF: Yes, sir. The first public speaker is Tony Pires followed by Paul Alvarez. MR. PIRES: Mr. Chairman, members of the board, my name is Tony Pires with the law firm of Woodward, Pires and Lombardo, and I'm here today representing the Eagle Creek Golf and Country Club. And we have tenants today, Mr. Paul Alvarez, who will be a speaker, and Will Kriz. And these individuals are property owners within and residents of Eagle Creek, and Mr. Alvarez is the president of the Page 43 October 9, 2001 Eagle Creek Golf and Country Club, and Will Kriz is the treasurer of the condominium association and past president of the condominium association. Also in attendance but not registered to speak in deference to the desire of this board not to have reiterations and redundancies but fully back the positions that I am espousing and that Mr. Alvarez will be promoting as well as Mr. Kriz are 40 members of the Eagle Creek Golf and Country Club in the audience. CHAIRMAN CARTER: Would you raise your hands, please. COMMISSIONER MAC'KIE: Oh, my. CHAIRMAN CARTER: Thank you. MR. PIRES: I can affirmatively tell you they do not want these facilities. There is no need. There is no demand, and contrary to the representations -- I differ with staff in one respect that there was no indication that this application basically revolved upon or evolved upon the need for or a demand. Yet -- and I would make part of the record just in case it's not in the board's packages, the application cover letter that was submitted by Ms. Perry with this particular application at the time, and I'll just read to you an excerpt from it. Dated April 12, 2001, quote (as read): "After receiving requests from its residents, Eagle Creek Properties surveyed its residents in February 2000 regarding the interest in an on-site storage facility. Results of the survey indicated the residents strong desire for such a storage facility." No number is given. "The developer of the project is attempting to satisfy the needs of its residents by requesting an amendment to the PUD to allow for self-storage units at this location." In the staff report to the Planning Commission at page 2, in one of the questionnaires a summary finding as to whether the change or changing conditions make -- strike that. Excuse me. Page 4, whether there are substantial reasons why the property cannot be used in accordance with existing zoning. Last sentence in that rationale is Page 44 October 9, 2001 provided by your staff to a planning commission, quote, Eagle Creek residents now desire a storage facility in place of the wastewater plant. And, additionally, with regards to that questionnaire are the staff report, the staff in another location indicated at paragraph 5 a pro aspect with regards whether the change or changing conditions make the passage of the proposed amendment necessary, quote, the developer surveyed residents and determined that on-site storage for residents would be a desirable replacement for the plant. That is incorrect. There were no numbers attendant to this survey that were submitted with the application. The planning commissioners queried the applicant's representative at the July 19th, 2001, Planning Commission hearing, and I have the transcript to make part of the record, and in that query it was determined that 325 parties were surveyed on this particular issue and of that 227 responses were provided, 180 showed no interest, 15 were opposed, 32 were interested. This is in February of 2000. The plant-- the residents, the Eagle Creek Golf and Country Club -- by the way, everybody who buys in Eagle Creek has to purchase a membership in the Eagle Creek Golf and Country Club. That is not developer controlled. There are other associations that are developer controlled. The condominium association is not developer controlled, nor is the golf and country club. So I would submit to you that the best indicator of what the community desires, what is viable, what is consistent and compatible with the uses in the community, compatible with the land uses in the community, is the voice and sentiment of the Eagle Creek Golf and Country Club. COMMISSIONER MAC'KIE: I'm going to pause you just for a second, because I think that's a useful piece of information for Tom as he's deciding how he could give good advice to the county Page 45 October 9, 2001 commissioners that if we get a representation -- not suggesting in this case it's relevant -- if we get a representation that the Joe Smith Condominium Association supports this fully, it would be nice to know if that's a homeowner controlled or developer controlled association. COMMISSIONER FIALA: Good point. MR. PIRES: Thank you, Commissioner Mac'Kie. That is an excellent point. In this particular process, the property owners, the residents had no clue that this application was winding its way through the system until they got a friendly letter from planning services saying, "Hear ye! Hear ye! There's a planning commission hearing coming up on July 19th, folks. You-all might want to be there." They quickly did their survey -- the condominium association did -- of 190 condo units, who are probably the most likely to want to have storage units if at all, not estate homes which are single-family or the other single family homes or villas or coach homes. If I may, I'll try to be -- wrap it up briefly. COMMISSIONER MAC'KIE: Better than 40 individual speakers, Mr. Chairman. MR. PIRES: I'm trying to talk slow so the court reporter does not throw rubber bands at me. All right. Out of 190 condominium unit owners that were questioned, there were 126 responses; 124 opposed, 2 were interested. Now, there might be some correct number of 138 and 3 were interested, so regardless, overwhelmingly no desire, which we would submit to you pulls out the underpinning, the lynchpin of this application is articulated in the request is it articulated in the staff report to the Planning Commission. What else don't we know or did not know even until the Planning Commission? What number of units were they talking about? What is the square footage? That was not even in the Page 46 October 9, 2001 application, was not articulated until we went to the Planning Commission. The developer's indicated a final site plan and total size of the facility has not been finalized. Before this exercise is done, this is an e-mail of August 22nd from Margaret Perry to Fred Reischl, August 22nd, 2001. Before this exercise is done petitioner wanted to obtain BCC approval of the site, of the use itself. We anticipate -- you know, I call these exercise -- anticipate construction of four to five self-storage buildings each being approximately 2,500 to 3,000 square feet. Two, again a final design has not been finalized; however, we anticipate approximately 110 storage units of varying sizes and an outdoor storage area of approximately 2,500 square feet. I think what's interesting is, number one, it's not in the application. Number two, it's not anticipating and range of numbers. One hundred and ten units, there are 470 maximum units that could be built, so that would be one out of every four owners in Eagle Creek would have to have a demand produced in these units. As you can see, it's not there. The demand is not there. The who, what, and why of this application is, who's asking for it? It's a developer; however, what's also interesting is the application is not as it's couched, and the PUD amendment as couched does not solely apply to the 1.3 acres. The amendment would be to Section 4, which is all the golf course including the clubhouse and the golf course. Those tracts total 149 acres, and the language change isn't just to the 1.3 acres. The language change would also be to the 147 plus or minus acres owned by the country -- the golf and country club. They don't want this use for themselves or for the community. It's not needed, not wanted. We would ask this board to deny this application and recognize the lack of viability, the incompatibility of Page 47 October 9, 2001 this use in this particular community. Thank you. CHAIRMAN CARTER: Okay. MR. PIRES: And I will submit these to the court reporter as part of the record. CHAIRMAN CARTER: Thank you. Next speaker, please. MR. WEIGEL: This is Paul Alvarez to be followed by Will Kriz, your final speaker. MR. ALVAREZ: Good morning, Commissioners. My name is Paul Alvarez, A-l-v-a-r-e-z. I'm the president of the Eagle Creek Golf and Country Club which is, as Tony pointed out, the only member-owned entity of Eagle Creek, so we are the people who come together to voice our concern about this. I charter all residents of Eagle Creek must be members of the country club, either a golf member or a social member. About 10 percent of our members are nonresidents to Eagle Creek. The vast majority of them come from Marco Island. I wish to make a couple of very short points, and the first one is that the first time we did hear about this storage unit going on adjacent to the golf course was in early July when we did receive the official notification. Prior to that there was no meeting held to inform the residents or the club members of the plan, and there was no meeting to ask for input. Secondly, in the months that followed the Planning Commission's rejection, there was no meeting. There was no request on the developer's part to seek input by us. Further, I have to agree with Commissioner Fiala that there seems to be no support whatsoever. We have repeatedly asked to be given a price to purchase the property. I requested that on July 19th, and so I find it kind of strange when people say that they have negotiated with us. Two weeks ago I received a letter from the developer demanding in four days to offer them a price. Yesterday we had a meeting with them where they talked about whether or not Page 48 October 9, 2001 we might perhaps want to buy a partial piece of this land one day before this meeting. It is absolutely not -- it's not a normal way to conduct business. I will tell you based on my interaction with members, there is no evidence of a demand or a need by our members for this facility. Indeed, not a single person has telephoned me or spoken to me in person and said, "Paul, I want storage sheds." This obvious lack of interest, by the way, is from a membership that doesn't hesitate to contact me when the Sunday brunch runs out of French fries. So I can conclude that there is not a lot of interest here. There is no need. There is no desire. There is no logic for this requested change in zoning, and we respectfully ask you to reject it. Thank you. CHAIRMAN CARTER: Thank you, sir. Next speaker, please. (Applause.) MR. KRIZ: Good morning, Commissioners. For the record, my name is Will Kriz; that's K-r-i-z. I'm frasier (phonetic) and past president of the condominium association of Eagle Creek, which is the only homeowner association thus far turned over to the residents by the developer. Condominiums make up nearly half of all the homes in Eagle Creek. Residents received official notice during the first week of July of the July 19th hearing before the County Planning Commission on the proposed PUD amendment. Because there was little more than two weeks between receipt of the notice and the hearing, the condominium association immediately undertook a mail survey of condo owners to gauge their feelings on the proposal. Approximately three fourths of the condo owners responded. The result was that there was virtually no support for the proposed amendment. The tally at the time of the commission hearing was 124 to 2. A final tally was 3 in favor and 138 against, and I have copies here of the inquiry and the responses for the record if you-all want it. Page 49 October 9, 2001 Had we had an indication of the proposed amendment from the developer prior to the official notice of the July 19th hearing, we might have done a more scientific survey. But it's evident that there's little interest in self-storage units on the part of condominium owners. This lack of interest raises the probability that the developer could be forced to rent the units to nonresidents in order to make a profit. In the event he succeeded in renting to nonresidents, it is our fear that security of the community would be compromised. To gain access to the self-storage units, one must pass through an electrically operated security gate at the Tower Road. Once inside that gate anyone would have access to the buildings that house maintenance equipment, not only for the golf course, but common grounds and have access to the whole Eagle Creek community. For these reasons we urge that the Board of County Commissioners reject the proposed PUD amendment. Thank you. CHAIRMAN CARTER: (Applause.) CHAIRMAN CARTER: Thank you, sir. Members of the Board, any further questions of anyone you want to ask, or I'll close the public hearing. MR. SIESKY: May I have a brief rebuttal? CHAIRMAN CARTER: I think we've heard all we need to hear. Any questions by the part of the board? Any other comments, Mr. Reischl? MR. REISCHL: No. CHAIRMAN CARTER: I move we close the public hearing. Discussion by the board. COMMISSIONER FIALA: Well, being that there's no discussion, I would like to make a motion. Even though I understand the developer's interest in it, I would like to make a motion to deny. COMMISSIONER COLETTA: Second. CHAIRMAN CARTER: I have a motion to deny by Page 50 October 9, 2001 Commissioner Fiala. I have a second by Commissioner Coletta. Any discussion? Any questions? All in favor signify by saying aye. COMMISSIONER MAC'KIE: The attorney's trying to get your attention. MR. WEIGEL: I just want to make sure that we have a finding that is specific. Ms. Fiala indicated lack of-- COMMISSIONER HENNING: Incompatibility. MR. WEIGEL: Okay. We want the record to reflect that standard. CHAIRMAN CARTER: Is that what you're saying? COMMISSIONER FIALA: Yes. CHAIRMAN CARTER: Motion says lack of incompatibility (sic). COMMISSIONER COLETTA: Second. CHAIRMAN CARTER: Second agrees with that. Hearing-- hearing no questions, call the motion. All in favor signify by saying aye. (Unanimous response.) CHAIRMAN CARTER: Opposed by the same sign. (No response.) CHAIRMAN CARTER: Motion carries 5-0. (Applause.) CHAIRMAN CARTER: Thank you, Mr. Reischl. We will take a 15-minute recess, give our magic fingers a rest. We'll be back in session about five to. (Brief recess taken.) Item #8E ORDINANCE 2001-54 AMENDING CHAPTER 74 OF THE COUNTY'S CODE OF LAWS AND ORDINANCES (COLLIER Page 51 October 9, 2001 COUNTY CONSOLIDATED IMPACT FEE ORDINANCE)- ADOPTED CHAIRMAN CARTER: We're ready. We're on. Welcome back to Board of County Commissioners meeting. We are now going to move to the item -- next will be the Impact Fee Ordinance. Who is -- there he is. Mr. Phil Tindall, you will lead us in that discussion, and I -- as we in our earlier discussion, there's probably one section we'll carve out for more discussion, but I guess we need to go what I call the 90 percent, and walk us through the process. MR. TINDALL: Based upon the discussion I was listening to -- to Mr. Ochs -- by the way, Phil Tindall, Impact Fee Coordinator. Mr. Chairman, when you were working on the agenda, it seemed like the bulk of the questions were -- had to do with the Section A of the ordinance amendment which has to do with waiver for charitable organizations. It sounds like you perhaps in discussion should focus on that; is that a correct statement? COMMISSIONER HENNING: No. There is several other questions. MR. TINDALL: Okay. CHAIRMAN CARTER: There are, I guess, a number of questions, so I think you -- my suggestion with the pleasure of the board is that we walk through the areas that are affected, and then you've got the not-for-profits which I think is going to have a considerable amount of discussion. But if we could take the other items first and answer those questions by the board, then we'll deal with the other. COMMISSIONER FIALA: We are on 10-C; right? CHAIRMAN CARTER: We're doing the Impact Fee Ordinance. Page 52 October 9, 2001 MR. TINDALL: Those items are spelled out in the numbered paragraphs in the executive summary, and I can -- I can give you the short version of what each of those revisions are accomplishing. COMMISSIONER FIALA: I am so sorry. I'm just floating around here. What is the number on our agenda? MR. MUDD: Ma'am, it's 10-C. COMMISSIONER FIALA: It is 10-C. MR. MUDD: It was moved. It's 10-C on your -- CHAIRMAN CARTER: Find that under the county manager's report. MR. TINDALL: It was 10-C on the original agenda. It was moved to Item 8-E, but originally 10-C. So that's where you're going to find it. COMMISSIONER FIALA: Thank you. Got it. MR. TINDALL: First of all, we're incorporating level of service standards applicable to water facilities by reference in the ordinance to include the standards set forth in the water and wastewater master plan. That was previously not included in the -- when the consolidated impact fee ordinance was adopted in March. So that was just adding of that language. Basically, it's going to be the standards set forth in the comprehensive land use plan or the water and wastewater master plan, whichever service is most strict. Also, there's provisions authorizing to spend water and sewer impact fees to grant developer contribution credits to the extent it's authorized by the master plan and provided the project is not then in conflict with the master plan. Just adding the -- or the ability to apply impact fee credits for those specific instances. Any questions on that part? CHAIRMAN CARTER: You're clear there. MR. TINDALL: Okay. We -- on a limited basis, we're instating an exemption of road impact fees for government entities but only on Page 53 October 9, 2001 a specific very limited scale, and this has to do with tenants of the county's airports that enter into a lease agreement. Specifically what we did in this case was to cover -- we took out those exemptions to the adoption of the consolidated impact fee ordinance in March unaware at the time that there was actually a lease agreement in the pipeline with the company called C.M. Marble with the Immokalee Airport, and the intent was just to make sure the county could honor its original commitments in that particular lease agreement. COMMISSIONER HENNING: Mr. Tindall, so this is not waiving impact fees for other government agencies such as school, fire -- MR. TINDALL: No, sir. This is very narrowly defined, and it only applies to tenants of the airports for which the lease agreement was executed before March the 13th of 2001 which was the date the consolidated impact fee ordinance was adopted. Anything subsequent to that date, that exemption goes away. Really the only beneficiary is the company that we had made the prior commitment to, and it was on file. COMMISSIONER COLETTA: If I may, when the impact fees are waived on this particular thing, who in the end owns the buildings? MR. TINDALL: The county owns the buildings. They are leased to the company. At the end of the lease term, the county has the option of actually taking title to the structure or requiring the company to return the land to its original state. COMMISSIONER COLETTA: So we've been asking these people to pay an impact fee on something that we're going to own in the end? MR. TINDALL: Yes, sir. That's correct. COMMISSIONER HENNING: Well, that's -- I think it was clarified there that we have the ability to once the property's Page 54 October 9, 2001 improved to include the improvement, and I think that would be something that we should be doing in the future when those facilities come on-line; no? COMMISSIONER COLETTA: I don't. The way the ordinance is presently written I have no problem with it myself. COMMISSIONER HENNING: Okay. Mr. Tindall, is it true that transportation or the county through transportation gave $250 -- $250,000 for this road paving improvement to the Immokalee Airport? MR. TINDALL: I would have to refer that question to the transportation department. I'm -- I'm not sure. MR. OLLIFF: I believe the amount was $200,000, ifI recall. COMMISSIONER HENNING: Okay. MR. TINDALL: With regard to the waivers for charitable organizations, we wrote Chapter 4 in the executive summary in such a way that made it easier to follow than the language in the ordinance. Commissioner Henning is absolutely correct. The way we have it spelled out in the ordinance is pretty difficult to follow in making reference to all the different sections of-- to portions of Section 501 of the IRS Code. Just to put it in a nutshell for you, all charitable organizations that are tax exempt under Section 501 of the IRS Code that provides services of substantial benefit to residents of the county at no charge or at reasonable or reduced rates and no part of those earnings go to the benefit of any private shareholder or individual would be eligible for this waiver. In the middle of the paragraph, we've listed -- we've listed specific things that are excluded, and everything else would be included within the eligibility criteria. Those things that are excluded under 501 (c)3 include entities that are operated for religious, scientific, literary or educational purposes or to foster sports competition facilities or equipment, or for Page 55 October 9, 2001 testing for public safety, or for prevention of cruelty to animals. Under Section 501 (c)4 local associations of employees, which are basically this would be inclusive of-- labor unions would be excluded. Anything else that's tax exempt under Section 501 of the IRS Code would be included. COMMISSIONER COLETTA: And then it's still at the discretion of the sitting commission whether that item is going to be accepted for any one of those things that are eligible. MR. TINDALL: Full discretion in terms of-- you have full discretion in terms of the applicability and-- and the prioritization of applications. COMMISSIONER COLETTA: And did you want to comment on the purpose for all this? MR. TINDALL: Well, the purpose was to provide support for charitable organizations within the community. There are quite a few of them. When the impact fee consolidated ordinance was adopted in March, there were previously some very limited exemptions for charitable organizations, but they were so narrow in scope we felt that there was potentially an equal protection challenge possibility, so we decided to wipe the slate clean and give the board an opportunity to enact policies that were more inclusive and more properly defined in terms of the present sitting board's priorities regarding policy. COMMISSIONER COLETTA: In other words, these are such organizations as the Red Cross, Hospice, Friendship House in Immokalee that serve a governmental purpose to some extent. MR. TINDALL: All those entities would be included within the -- COMMISSIONER COLETTA: Right. And this only takes off the county's part of the impact fees that have to do with roads. It doesn't take off the fire department. It doesn't take off the hospital. It doesn't remove any of them, and it would be up to $7,500. And if I Page 56 October 9, 2001 seem to know a lot about it, that's what I did this summer. MR. TINDALL: I would like to add one little comment about the Immokalee Friendship House just so we -- you know because we haven't had a chance to brief you on it yet because the recent progress has been made on that. We've been actually working with the representatives of the Friendship House to provide us with sufficient documentation so that we can calculate a credit on the impact fees based on the prior use of that existing building that's being renovated for the purpose of the -- of the thrift shop. What we -- they have now provided us with that documentation, and we are now able to calculate a credit for the prior use that would effectively wipe out the present impact fee. So that is really not something that needs to be addressed by this ordinance. It's actually being addressed within the scope of the ordinance. COMMISSIONER COLETTA: I do appreciate that. The impact fee that was on there was about double what the cost of the original building was to build. MR. TINDALL: Right. But, of course, we needed to have something to put in our files to document. COMMISSIONER COLETTA: I understand, and we have the director here today from Friendship House who will be speaking to us later. MR. TINDALL: That is effectively a done deal right now. COMMISSIONER COLETTA: I thank you for all the time you put into this. MR. TINDALL: Sure. CHAIRMAN CARTER: Mr. Tindall, if I could ask a question. I may go to legal on this. Let's suppose an organization has a sizable road impact fee that exceeds $7,500. Does that have to be paid all in one given year, or can they spread that over a period of time in order to pay for that.9 Let's say that it is $50,000. Page 57 October 9, 2001 MR. TINDALL: The -- we have no provision in our ordinance allowing for the deferral of impact fees except for multi-family construction that comes under the affordable housing provisions. As far as this type of construction which would normally be generally lumped into a commercial type category, we don't have any provisions for payments over time or deferrals over time, that sort of thing. COMMISSIONER HENNING: CHAIRMAN CARTER: Okay. Mr. Weigel? MR. WEIGEL: No. I don't think so, but part of the reason for that policy that's been in place -- and Mr. Feder may want to respond further -- is the fact that when the approvals go forward for site development building permit, when the collection is typically obtained of the various impact fees, there is an impact that's coming onto the roads potentially very shortly thereafter. And transportation as well as the areas, other fiscal areas that are impacted, the services that need to be provided, need as much lead time as they can to, in fact, build and develop into their infrastructure requirements that infrastructure that's going to be additionally required. So there's been, I think, a businesslike and fiscally sound reason for that. And as a side note, a question you raised at the last board meeting had to do with the fiscal viability of projects and when they go through the approval process. And, clearly, the ability for an entity, a potential developer petitioner, to pay the various assorted impact fees is part of that fiscal viability makeup that may be under further review by us based on your suggestion, but as part of the complex that is certainly on the plate for the developer right now. CHAIRMAN CARTER: Okay. Mr. Henning. Commissioner Henning, you have a question for Leo. COMMISSIONER HENNING: Yes. David, if you could I have a question for legal also. Does that open a can of worms, Page 58 October 9, 2001 follow me on the ordinance on page 2 of the ordinance. MR. WEIGEL: Okay. I'll move there. Yes. COMMISSIONER HENNING: Page or line 7 through 10. It appears to me that the Board of Commissioners is authorizing the county manager to grant exemptions, the impact fees. MR. WEIGEL: Well, there is -- obviously, there is language addressing that. It's in the whereas part which is not the operative part of the ordinance, Phil and Tom, and so ultimately that will fall away in the codification, the whereases, so I think you may want to point the commissioners to the operative part of the ordinance where that aspect may or may not to whatever degree be implemented. MR. TINDALL: Okay. I'm sorry. I printed out my copy on 8 1/2 by 11. So can you point me to which whereas we're talking about? MR. WEIGEL: Yeah. He's -- he's talking on page 2 of the ordinance itself, page 5 of the agenda item, and it's the second whereas -- full whereas appearing toward the top of the page. And it's talking about where the board desiring to authorize county manager to grant exemptions from road impact fees with regard to future applications. There is that phraseology there that he's questioning. MR. TINDALL: Okay. Is this the one where it says, "Board of County Commissioners desires to establish a limited program to authorize __,,9 MR. OLLIFF: No. This is the sixth whereas. MR. TINDALL: Thank you. One, two -- okay. Yes. Right. Good. Okay. This is the one that only applies to the leases with the Airport Authority. That is -- in the body -- it's the thing that I discussed earlier when we were talking about Siena Marble and the leases with the Airport Authority. The body of the ordinance limits it to companies that have a lease agreement that was executed prior to Page 59 October 9, 2001 March 13th, 2001. So anything past that date, even if there's a new lease agreement it does -- the provisions do not apply. COMMISSIONER HENNING: Okay. So it's a limited exercise of giving the county manager authority to exempt impact fees. MR. TINDALL: But the intent was really just so that the county could meet its commitments that were previously made to Siena Marble before the consolidated impact fee ordinance was adopted. COMMISSIONER HENNING: So the -- my colleagues can understand that. MR. OLLIFF: It is limited to that one application, and basically by this action you would be authorizing me to grant -- to sign the documents that would waive -- waive the impact fees for that one particular applicant. COMMISSIONER HENNING: Next question for legal is Commissioner Coletta's wife works for the Hospice. Is there any conflict of commissioners working for not-for-profits that would receive this benefit? COMMISSIONER COLETTA: Mind you, this hasn't come before us yet. It would be a question I would be asking you, too, at that time. MR. WEIGEL: There may be at that time. Under the state law and the county ethics laws, we really come in terms the question of a vote of a commissioner or a conflict of a -- potential of a conflict of a commissioner that may have a positive or negative remunerative effect, fiscal effect for him or herself or their relatives. A wife falls within that relative definition by statute. I don't want to dodge the question, but it would be difficult to say in the ordinary context of things that she has potentially -- a paid employee would elevate this to a conflict, but I would really have to look at this further. Usually it's the quick responses that get me into trouble, and I would like to have a little more facts and a little more Page 60 October 9, 2001 opportunity to review it in the context of probably a later vote as opposed to this one. COMMISSIONER HENNING: So for that reason should we continue this part of this ordinance? COMMISSIONER COLETTA: I'm sorry. I don't follow. COMMISSIONER MAC'KIE: No. No. No. The question just would come up when Commissioner Coletta is faced with the choice of whether or not to vote, he'll have to seek advice from whomever he seeks it to decide whether or not he could vote, but there's no question about whether or not he can vote on legislation. He just might or might not be able to vote on the application of the legislation if somebody should suggest it would benefit his wife, which I think would be a very long stretch, but -- COMMISSIONER COLETTA: It would be quite a stretch, to be honest with you, but at that point in time whatever legal decides I'll be -- and if there's a question, I will be more than happy to abstain from voting. COMMISSIONER HENNING: Being in the atmosphere that we're in, Commissioner Coletta and Commissioner Carter had to go through this, and the interpretation that he got was that he was incorrect of what he is doing in his -- his family's life and employment, and it's just the atmosphere here in Collier County. COMMISSIONER MAC'KIE: And respectfully, I'm just going to say this, you know, I guess I can be more blunt than I have been able to be in the past, but I'm just going to say that's an individual commissioner's decision about whether or not he votes on an item and, you know, we don't need to create a controvery where one doesn't exist by talking about up here on the dais as if there might be one. COMMISSIONER COLETTA: I think it's a healthy discussion, but we could draw a parallel with that with your business property Page 61 October 9, 2001 and your -- your opposing the business property down the street, the one that put in the U-Haul and to be able to fence it off because it might affect the value of your property. I mean, that would be something that would be a stretch of the imagination also. COMMISSIONER HENNING: U-Hauls, or I don't do any towing. COMMISSIONER MAC'KIE: Well, I don't -- I don't rent any Come on, guys. CHAIRMAN CARTER: Hey, hey, time out. Time out. Time COMMISSIONER COLETTA: We're going the wrong direction. CHAIRMAN CARTER: Time out, Commissioners. The question would be when a singular item comes in front of the board, at that time the individual commissioner because of the affiliation of a family member in said petitioner's role in front of the board would go to legal counsel and seek opinion. It can go through a process of which I'm very familiar with, and at that time you can make said decision, but in body politics decision to have an ordinance that is broad based, I don't see how that can affect anything because we're not talking about a particular organization at this point. Am I correct, Counsel? MR. WEIGEL: Point well taken, Mr. Chairman, and the fact is we're really talking about future potentialities and not necessarily givens concerning additional impact fee ramifications for any particular business. The legislation sets the standard, and then the individual parcels, developers, entities, configurations, they come forward and then would be subject or not subject to any of the provisions of the ordinance as ultimately adopted, and it's not adopted even right now. I will state for the record, though, that in regard to commissioners and their votes -- requirements for voting, there is a Page 62 October 9, 2001 statutory requirement for elected officials to vote the job to which they are elected. There also is a statutory requirement for them not to vote where there is a conflict. If there is no conflict, but there is a potential perception of conflict under separate statutory authority 286.012, Florida Statutes as part of the Sunshine law does say that under-- under a perceived perception -- that sounds redundant -- of conflict an elected official -- in this case a commissioner-- may elect -- may determine not to vote on a particular matter. So there are -- from time to time have been items of either direct conflict or perceived potential conflict where the county attorney has advised the commissioners of the law, and then the commissioners themselves make the determination as to what their conduct will be on the particular item. The -- the advise from the county attorney is given in the context of the commissioners fulfilling their statutory obligations to vote and do not have to do with the private personal interests of the commissioners. That's been the point of reference that we've always applied and have worked with the commission on ethics, and we continue to operate in that mode. COMMISSIONER HENNING: I want to apologize, but those are some of the questions that I wanted to ask not sitting up here and not having the time to do that. It's -- it's no way an attack on Commissioner Coletta's, but I know -- and I think everybody can agree -- that there is a need for gaining the confidence of the people here in Collier County. Forgive me. COMMISSIONER MAC'KIE: And, frankly, this is not the way to do it, and it's going to work exactly to the opposite of that end and - COMMISSIONER HENNING: COMMISSIONER COLETTA: COMMISSIONER MAC'KIE: And that's why I wanted to -- Can I bring an end to this? We get this agenda. You know, Page 63 October 9, 2001 some of us do our homework ahead of time. COMMISSIONER COLETTA: If I may, I would like to bring closure to this and just accept Commissioner Henning's apology and move on. CHAIRMAN CARTER: Duly noted and recognized. May we move on with the discussion. Thank you. MR. TINDALL: The next set of areas that are being addressed by this ordinance amendment have to do with making some improvements to some of the definitions and actually adding one definition. These mainly have to do with adult-only communities. We've been over the past several months struggling through research and review of past permits and such determining the proper way to assess various impacts fees on different types of adult-only communities. It's a problem area not only in this county, but I've surveyed other counties, and they're having the same types of issues. For one thing we were operating previously under the false belief that the terms "adult congregate living facility" and "assisted living facility" were synonymous terms. Based upon our research as we're trying to address this issue, we have determined that they are quite different. Basically an adult congregate living facility is pretty much an independent transitional type living facility where people live pretty much like the elderly people who live there live pretty much like any of the rest of us in terms of being able to move about and being self reliant, et cetera. With an assisted living facility, those are specially licensed businesses by the State of Florida, and they provide a greater deal of medical and other types of care and services for the residents, and a larger majority of the residents are not able to fully take care of themselves and also not able to do things like operate vehicles and such. So they provide services that act such as buses and that sort of Page 64 October 9, 2001 thing that has an affect on the road system in that it decreases the amount of traffic. So we felt a need particularly having to do with roads to separate those two definitions and provide the more accurate terminologies. We also made a minor change to the definition of square footage. There was one phrase in there that really only should apply to road impact fees, and we just made sure it said that, and that's all for definitions. Having to do with water and sewer impact fees when multi- family and mobile homes and other types of residential developments are -- are started. Impact fees are initially calculated on a meter size basis, and then later on as a development is built out there's another methodology called the permit space calculation methodology. If later on it's determined that the actual impact on our water and sewer system is less than the fair share amount derived by the meter size calculation methodology, the utilites just wanted a means of providing an impact fee credit so that they can make up the difference as the development is built out towards completion. And, finally, we did -- there were just a number of scrivener's errors, things like typos and misspellings and that sort of thing that we collected -- that we've corrected generally throughout the ordinance, but that's that. In summary, that's -- that's what this ordinance amendment does for you. CHAIRMAN CARTER: Questions by commissioners? COMMISSIONER COLETTA: Do we have any public speakers? MR. OLLIFF: Mr. Chairman, you have two public speakers, and if you're ready for those, I'll go ahead and call them. CHAIRMAN CARTER: If there's no further questions by commissioners at that point, yes. MR. OLLIFF: First is Ed Laudise followed by John Lawson. Page 65 October 9, 2001 MR. LAUDISE: Good morning. My name is Ed Laudise. COURT REPORTER: Would you spell that? MR. LAUDISE: I don't know if I can. It's been a long day already. L-a-u-d-i-s-e. I'm with the Immokalee Friendship House. With all due respect to the commissioners and the community, I would like to take a few minutes and indulge you and tell you a little bit of history and tell you where the Immokalee Friendship House is and why I'm talking with you folks today. I promise I will not go over my allotted time. CHAIRMAN CARTER: Thank you, sir. MR. LAUDISE: -- however, I will be available if you folks have any questions. Back in August of 2000, the Immokalee Friendship House was given some money through a request, and that money was used to purchase the property next door, a dilapidated building next door. It was in code violation. We had talked with county about purchasing it and also about making it a safe structure that would also be something on Main Street in Immokalee, Florida, that would be something we could all be proud of. We came up for permits and were advised we would be required to pay $10,000 in impact fee on this existing structure. We questioned this and were informed that we would have to pay no impact fees because it was an existing structure. We were called back, and we were told that we owed $8,000. So we were very confused about this. Eventually, we came to Board of County Commission meeting. My issue was I wanted to make sure that I had a safe structure, bottom line, and the building was out of code. I was concerned about people going up to the building getting cut or hurt or something. So we solicited the Board of County Commission a couple months ago about getting a permit, at least conditional, to work on the building, Page 66 October 9, 2001 get it safe, and then that we would work with you folks on what impact fee might be determined, and that would be when we determine the CO. We had a target date of October to finish the project. The project is -- is 99 percent finished and 99 percent up to code. Of course, it's ovcrbudgct and all those kinds of things, but I'm not going to trouble you with those things. I want to explain to you what we're trying to do in our community, and as you folks know, the economic picture of Immokalee is substantially different than it is in Naples. This property is located right in the middle of this economically challenged area. Our goal is to set up a thrift store that will support the Immokalee Friendship House, that will also provide a job training location and also a place to improve the living conditions of the people in our community by selling housewares. Okay. That is our goal, and I would imagine that the county would endorse that. We also are hoping to generate some much needed funding for the Immokalee Friendship House. For those of you who don't know, we are challenged every year to come up with our entire budget. The average donation right now is about $10 from a person, so financially the organization is challenged routinely. So we've embraced the entrepreneurial spirit that is so wonderful in this country and decided to set up a thrift store. This will be the first thrift store of its kind supporting a local charity in Immokalee. Okay. I've got to keep up with what -- I wrote it down really quick, so you guys got to bear with me. So that's sort of the history. And let me tell you a little bit about the Friendship House now that I've explained about what our -- what our function is with the thrift store. Last year, I just -- we just completed our fiscal year, as you folks did. Last year we served 29,000 meals to the hungry in Immokalee. Last year we sheltered 950 people. Last year over 150 of those were children, children in Collier County. We are the only Page 67 October 9, 2001 charitable organization that is open 24 hours a day, 365 days a year within 40-plus mile radius. Immokalee Friendship House is in profound need of financial support. In the absence of that, as I said, we've embraced the entrepreneurial spirit and is working to establish this thrift store. I hope the county commission today can decisively act and help us so we can get our CO, and I understand respectively what Mr. Tisdale (sic) said, but I also want to -- I also want to make sure we're laying the groundwork. You -- you -- in this county you have a lot of charities that are working very hard to knit together a safety net for the community. And we can't do that unless we have a very strong partnership with county. I'm not asking you for money. I'm asking for the support. I'm not, Mr. Henning. COMMISSIONER HENNING: Okay. COMMISSINER COLETTA: Question. MR. LAUDISE: I want to make sure that our activities can go on. CHAIRMAN CARTER: Thank you, sir. Commissioner Coletta. COMMISSIONER COLETTA: Ed, I'm not suggesting the county give you a gift of money, but tell me in other communities does the local government take an active part with operations such as yours? MR. LAUDISE: I mean, absolutely. Of all the counties, we're one of less than a handful that are not supported by a homeless shelter that's not receiving some sort of financial support. We have other support, and I don't want to disparage the county or county government because they do a lot of things on our behalf to make sure we get through the day. COMMISSIONER COLETTA: What we do is we offer you assistance to make it. We don't actually step in there and offer you a Page 68 October 9, 2001 pot full of money or financial assistance. We give you some guidance. That's what we mainly do; right? MR. LAUDISE: Exactly. Exactly. COMMISSIONER COLETTA: And what about this impact fee? Will this money in any way help your operation? MR. LAUDISE: I'll put it to you bluntly; it's a show stopper. I can't afford to do it unless I get -- I resolve this issue. And I cannot right now in light of the economic times and the other things that are going on in this country I cannot go after donors and ask for them for money to pay an impact fee. I need to ask our donors to support us so we can feed the people. COMMISSIONER COLETTA: Please indulge me one more question. MR. LAUDISE: Yes, sir. COMMISSIONER COLETTA: Since September 1 l th what has happened to your donation stream? MR. LAUDISE: It's -- it's nonexistent almost. Our agency is -- is honestly struggling to make sure we have enough food for our people, make sure we have enough money for payroll. CHAIRMAN CARTER: And what would happen if your services suddenly ceased? MR. LAUDISE: There would be 29,000 hungry people, and there'd be 950 people on the streets in Collier County. COMMISSIONER COLETTA: Need I say more. COMMISSIONER FIALA: If somebody -- CHAIRMAN CARTER: Excuse me. Commissioner Fiala next and then Commissioner Mac'Kie. COMMISSIONER FIALA: Thank you. The question I had was I don't -- I didn't understand why there was an impact fee in the first place. I went out to see the building and -- and I saw what condition it was in, which was pretty putrid, but the impact fee had already Page 69 October 9, 2001 been paid on it previously being that it was an existing building. What they're doing is bringing this thing up to code so it enhances the community. They're not adding a building or anything, so I didn't understand what the reason for the impact fee was in the first place. MR. TINDALL: I can answer that. That's correct. The impact fee was paid or really vested because it was actually built before there were impact fees, but the original use was that of a storage facility. If you look at our rate schedule, you'll see that the rate for a storage facility is considerably less for the various impact fees than that of a retail establishment which is a land use this most closely resembles. What we have charged or-- I'm sorry, calculated on the impact fee we initially and subsequently presented to the Immokalee Friendship House was the difference between the two rates. It wasn't the full cost of the impact fees for a new retail establishment. Now, what we have been working very hard with the representatives of the Friendship House so they could provide us with documentation that there were other land uses besides that of a storage facility that were properly permitted, etc. And it took a lot of work, but as of last Friday they were able to provide us with sufficient documentation that the structure was previously used for retail purposes. Because of that, now that we have that documentation we can calculate a credit that entirely wipes out the new impact fee. So we're not going to be charging them any impact fees now. COMMISSIONER FIALA: Period. So that -- so we don't have to worry about that. Okay. COMMISSIONER COLETTA: But he was speaking on behalf of those that are still going to be charged impact fees. MR. LAUDISE: Absolutely. One of the points I want to make -- and I appreciate that. Honestly, I do. We went through great lengths to make sure we had that documentation, and our county Page 70 October 9, 2001 manager has done a terrific job in assisting us through that process. But I also want to make sure -- I want to bring a message forth to the county about the other charities that are in our community that are providing a baseline of social support network that are doing things in our community that -- it's not the government's obligation or responsibility to do, but we are partners in that process, and I want to make sure we start laying the groundwork so it's sensible and responsible but that other people can come in and do things that help knit the fabric of this wonderful community together. That's what I'm asking. COMMISSIONER FIALA: I'd just like to underscore what he's saying. I served -- represented Collier County on a Boca Grant Review Board which is money that the state gives us, and it's for victims of violent crimes and agencies that help these victims. And it was interesting to note I was on a regional board with, I think, it's seven other counties represented on that same board. We were the only county in the seven, the wealthiest, of course, of all of those counties, but the only county that did nothing to support their social service agencies. Interestingly enough to go one step further, we were one of only a couple in the entire State of Florida that didn't do anything for -- so just exactly what Ed is saying. COMMISSIONER MAC'KIE: Other comments from board members? The only thing I was going to say was give you a chance to make a plug if somebody wanted to help you with this shortfall in food and -- and funding, what number should they call? MR. LAUDISE: Thank you very much. COMMISSIONER MAC'KIE: You're welcome. MR. LAUDISE: 941-657-4090. And the Friendship House, the address is 602 West Main Street, Immokalee, Florida 34142. Thank you very much, and I thank the commission and all the county staff that have worked very hard on this process. Page 71 October 9, 2001 CHAIRMAN CARTER: Thank you, sir. COMMISSIONER COLETTA: Thank you, Ed. MR. OLLIFF: Next speaker is John Lawson. COMMISSIONER MAC'KIE: Don't worry, you'll get plug time, too, John. MR. LAWSON: Thank you, Pam. I'm John Lawson, the executive director for community outreach with the Guadalupe Center in Immokalee, and I work with Ed in that community to serve the poor. And we are in the process now of doubling the size of our family education program through private resources, and I thought I should speak to encourage you today to act in favor of-- of allowing not-for-profit organizations a more viable way of navigating through the impact fee system which has been very difficult, as Ed has mentioned and also to endorse, as you do on many occasions, the invaluable community service of not-for-profits in helping to make our community a wonderful place to live and to work. I have lived here for 32 years in this county and raised my kids here, and it is a truly wonderful place, and it is made more so because of community service organizations and a wonderful government. And when we can work together to that regard, then we can all win, so, thank you very much. And as Pam mentioned, Guadalupe Center is -- has also been in this situation since September 1 lth of having a disengagement of our -- of our donors as they have focused in on the world events, and we encourage them to come back, and we will have a Thanksgiving celebration in Immokalee as we do every year, and we encourage that participation. So thank you very much. COMMISSIONER MAC'KIE: I just have to say I recommend that to the county commissioners if you haven't ever spent Thanksgiving in Immokalee slicing turkey and serving cranberries out to the farm workers. I really recommend it to you. It is a real Page 72 October 9, 2001 Thanksgiving when you go out there and do that. COMMISSIONER COLETTA: If I may, Chair-- Chairperson Carter, make a motion to approve this ordinance? COMMISSIONER MAC'KIE: Second. CHAIRMAN CARTER: I have a motion by Commissioner Coletta. I have a second by Commissioner Mac'Kie. MR. OLLIFF: Mr. Chairman, you probably want to close out the public hearing first. CHAIRMAN CARTER: Be a good idea. First I'll close the public hearing. I forgot we're still under public hearing. Close the public hearing. I entertain your motion, Commissioner Coletta. COMMISSIONER MAC'KIE: And my second, please. CHAIRMAN CARTER: Second by Commissioner Mac'Kie. Any discussion by board members? Commissioner Henning. COMMISSIONER HENNING: Thank you. I must say that I know that some of our staff is not in support of this, but I must commend them on the way that -- where the money is coming from, but it is still a donation to charitable items. And I must say that I do that on my own will, not through fees given to government to put in infrastructure. And also we are out there telling the public why to vote for a half-cent referendum, and we're telling them that impact fees are at its highest level, and then we're giving it away part -- part of it. I think it's not conducive of what we want to tell the people out there going to the polls in November. COMMISSIONER COLETTA: COMMISSIONER HENNING: fine. Commissioner Henning. If I may, Tom. You can disagree and that's COMMISSIONER COLETTA: May I make a comment? CHAIRMAN CARTER: Commissioner Coletta. COMMISSIONER COLETTA: If I may comment on that, I see the direction you're looking at, but Page 73 October 9, 2001 you're looking totally in the wrong direction, and we're making an investment in services that are there for our citizens at a bargain rate, and this is what this all spells out to. It's nothing more than fees that are being paid by the government for government use. We're just offsetting them to encourage these places to grow to be able to take care of the needs that are out there on a private scale rather than on a government end. COMMISSIONER HENNING: It's -- it's a charitable organization, again, and they're doing a great job through the private sector, and that's where I feel it should be, private sector donations. CHAIRMAN CARTER: If I read the ordinance correctly -- and I may be incorrect here -- it says they may be waived. It doesn't say automatically waived. COMMISSIONER COLETTA: That's correct. COMMISSIONER MAC'KIE: That's what it says. MR. OLLIFF: They may be, and it's going to be at the discretion of the Board of County Commissioners on each and every one of those applications. And just for the record to be very clear the -- and to reiterate what Commissioner Henning had indicated earlier, the funding source for this is actually interest earned on impact fees paid. So at least there is some argument to be made that development as it occurs is helping to offset any impact fees for these charitable organizations if the board should try -- decide to waive any of them. COMMISSIONER FIALA: And there is a limit on how much the agency applying for it can get as well as how much we can give out a year. MR. OLLIFF: There is a total maximum waiver of 7,500 and a total maximum of annual allotment of $100,000 for this program. CHAIRMAN CARTER: And how much do we collect in impact fees in a given year, roughly? MR. OLLIFF: I don't know the total collection, but I will tell Page 74 October 9, 2001 you just the interest alone is in excess of several million dollars. COMMISSIONER MAC'KIE: Here, Phil's here to -- CHAIRMAN CARTER: Well, that tells me interest is more than several million -- several million a year, and we're talking about $100,000 max to help organizations of public-private corporation, if you please -- if I can use that term -- to meet the needs of the community. I guess I'm a little puzzled by the question. COMMISSIONER MAC'KIE: I think it's a shameful mischaracterization of what's really going on here when what we're doing is affording the county commission the opportunity to decide whether or not to allow interest on impact fees to be used to pay an impact fee if they find that there is such a great public purpose being served that it is a worthy use of the interest on impact fee money. Nobody's waiving anything today. Nobody's giving anybody a donation today, and that is a disservice to the community to get that misinformation out there. COMMISSIONER HENNING: I don't think it's misinformation. I think it's correct if you read the ordinance. COMMISSIONER MAC'KIE: It is. It gives this board the opportunity to make a decision. It doesn't give away a nickel. MR. T1NDALL: If you net out the school and fire impact fees which are not included in the waiver, we will -- in fiscal year 2001 we collected at my best estimate approximately $42 million. CHAIRMAN CARTER: Thank you, sir. COMMISSIONER MAC'KIE: Can we call the question? CHAIRMAN CARTER: Yes. I'm going to -- well, I will call the question. Any further discussion? All in favor signify by saying aye. (Unanimous response.) CHAIRMAN CARTER: (No response.) Opposed by the same sign. Page 75 October 9, 2001 CHAIRMAN CARTER: Motion carries 5-0. Thank you. I like spirited discussions on the floor. All right. COMMISSIONER HENNING: Commissioner Carter. CHAIRMAN CARTER: Yes. COMMISSIONER HENNING: I guess I ought to explain myself after all that discussion. It's going to give me an opportunity to bring this back up in the future. CHAIRMAN CARTER: You can bring up anything you want at any time under the request to bring something back for reconsideration. All right. We're going to move on. County manager's -- I got that right. Did I jump something? Wait a minute. I've got to -- I'm still-- whoa, whoa, whoa. Item # 1 OF THE PLACEMENT OF TWO "WELCOME TO GOLDEN GATE ESTATES" SIGNS FOR THE GOLDEN GATE ESTATES AREA CIVIC ASSOCIATION WITHIN COUNTY ROADWAY RIGHTS- OF-WAY- APPROVED MR. MUDD: Mr. Chairman, you're still on public hearing. You're on 8-F, which is 16-B-8 brought forward at the request of Commissioner Coletta. CHAIRMAN CARTER: Yes. Yes. I thought there was another animal in here I'd missed. Okay. COMMISSIONER COLETTA: One more time, John. MR. MUDD: It's 16-B-8 that's being brought forward to 8-F. COMMISSIONER MAC'KIE: It's the one you pulled, Commissioner. COMMISSIONER COLETTA: Right. Page 76 October 9, 2001 COMMISSIONER MAC'KIE: Has to do with that sign. CHAIRMAN CARTER: Signs in Golden Gate, sir. COMMISSIONER COLETTA: It may seem a little strange why I would be pulling something from the Golden Gate Estates Area Civic Association. COMMISSIONER FIALA: Yes, it does. CHAIRMAN CARTER: Yes. We're all baffled by that, but go right ahead. COMMISSIONER COLETTA: No. Seriously, I kind of questioned whether we're setting a precedent, and I want to make sure we're not, $125 impact fee. If this is something that hasn't been done as a matter of course over a period of time, I'm really opposed to it, and I'll find the donations out there to cover this cost. Can you tell me, Mr. Kant? MR. KANT: Edward Kant, transportation operations director. That is the permit fee, not an impact fee, sir. COMMISSIONER COLETTA: Permit fee. MR. KANT: That's for the right-of-way permit. The request from the association was to waive the fee. Our -- to be consistent with our recent actions, we've not been waiving fees. There have been several of those that have appeared before this board in the last six months or so, so that's why we put it on the agenda the way it was. Even though it was requested, we cannot support that. COMMISSIONER COLETTA: One question, the sign that's on 951 that's been put up recently advertised in Golden Gate City, is that -- they paid the fee for that; correct? MR. KANT: That was done through the Golden Gate Beautification MSTU Advisory Board. That was an existing prior sign that was replaced. I don't believe that that was the same thing as these new signs. COMMISSIONER COLETTA: They were not forgiven the fee Page 77 October 9, 2001 because there was no fee to forgive. MR. KANT: That's correct. There was -- those have been out there for probably 15 years. These were replacement signs. I cannot give you a straight answer, 'cause I just don't know if there was any fee discussion on those signs. COMMISSIONER COLETTA: I appreciate that. I recommend that we deny it and pass the hat down the county here to get the $125. COMMISSIONER MAC'KIE: My already -- COMMISSIONER COLETTA: Just talking about the hat. CHAIRMAN CARTER: I would second that, Commissioner Coletta, because recently Willoughby Acres had the same kind of thing on their agenda, and they paid for it out of their homeowners' association. It was a buck and a quarter. COMMISSIONER MAC'KIE: My already high opinion of you, Commissioner Coletta, goes up again because you stand by your principles and not your political boundaries. I respect that you stand by your principles. I support that. Thank you for bringing it up. CHAIRMAN CARTER: Great catch, and we didn't mean to tease you so much. COMMISSIONER FIALA: Yes, we did. CHAIRMAN CARTER: Oh, okay. See, we do have a little fun up here, folks. Lighten up. You know, we could get hungry watching the movement of this agenda. Okay. I have a motion. I have a second. MR. KANT: Excuse me, Commissioners. I'd like a clarification, if I may. My understanding of the motion is to permit the installation of the signs but not to waive the fee. CHAIRMAN CARTER: Correct, sir. MR. KANT: Thank you. CHAIRMAN CARTER: I have a motion. I have a second. All in favor signify by saying aye. Page 78 October 9, 2001 (Unanimous response.) CHAIRMAN CARTER: Opposed by the same sign. (No response.) CHAIRMAN CARTER: Motion carries 5-0. Thank you. MR. KANT: Thank you, Commissioners. MR. OLLIFF: Mr. Chairman, I need to clarify. That item was actually 10-F, I believe, on your agenda, and we need to back up now to Item 9-A and just start working your way back down the agenda as it's printed. CHAIRMAN CARTER: Thank you. Item #9A RESOLUTION 2001-395 APPOINTING CAROLYN SPATTA TO THE BLACK AFFAIRS ADVISORY BOARD - ADOPTED COMMISSIONER MAC'KIE: One applicant for that Black Affairs Advisory Board position. I'd like to move for his approval. CHAIRMAN CARTER: I have a motion for. Do I hear a second? COMMISSIONER HENNING: Second. CHAIRMAN CARTER: I have a second by Commissioner Henning. All in favor signify by saying aye. (Unanimous response.) CHAIRMAN CARTER: (No response.) CHAIRMAN CARTER: COMMISSIONER FIALA: 3 for 10-G? MR. OLLIFF: No, ma'am. out of order. Opposed by the same sign. Motion carried. Are we supposed to be doing 16-A- We took that -- we took Item 10-F We were incorrect in telling you that that was Item 8-F. Page 79 October 9, 2001 It was actually 10-F, so we're back up to Item 9-A and 9-B is where we're at now. Item #9B RESOLUTION 2001-396 RE-APPOINTING WILLIAM ERICKSON, ROBERT COLE AND GEORGE PEARSON TO THE LELY GOLF ESTATES BEAUTIFICATION ADVISORY COMMITTEE - ADOPTED CHAIRMAN CARTER: Okay. All right. We're on -- we're on B, under appointment of members to Lely Golf Estates Beautification Advisory Committee. COMMISSIONER MAC'KIE: Three applicants for three positions. Do we have to waive the -- MS. FILSON: Yes, ma'am. COMMISSIONER MAC'KIE: So I'll move their approval with the necessary waiver. COMMISSIONER FIALA: Second. CHAIRMAN CARTER: I have a motion by Commissioner Mac'Kie, second by Commissioner Fiala. All in favor signify by saying aye. (Unanimous response.) CHAIRMAN CARTER: (No response.) CHAIRMAN CARTER: Opposed by the same sign. Motion carries. Item #9C FINALIZING THE ANNUAL PERFORMANCE APPRAISAL PROCESS FOR THE COUNTY ATTORNEY- APPROVED IN THE AMOUNT OF $145,614; WITH LIFE INSURANCE, $400 Page 80 October 9, 2001 CAR AND PHONE ALLOWANCE AND CONTRACT EXTENDED TO 2003 That takes us to C. This item has been continued from the September 25th meeting, and it is the bi-annual performance appraisal process for the county manager which has been done, and this is now for the county attorney. Board discussion. COMMISSIONER MAC'KIE: I'll just jump in there and say as I -- as I said to David privately, I really commend him for some serious improvements, some giant steps he's made in organization and delivery of services. I hear just glowing reports from constitutional officers who interact with his office, and I -- as you can tell by my numbers -- gave him a very high evaluation and just want to get the chance to commend him publicly for that positive change over previous -- previous times where I've had a different opinion. I'm very, very pleased and impressed with their work. COMMISSIONER FIALA: Pam has the most background of any of us here, so she can compare one to the other. This is my first year working with David, but I've found him to be actually a very good -- a very rewarding experience. David keeps his staff involved with all of us as well, and I appreciate that. He takes the specialist from whatever question we have and makes sure they are there and they respond immediately. ! don't have to wait. By the end of the day, I have my answer, and I -- and I just really appreciate that, David. You don't leave us hanging out there to dry. CHAIRMAN CARTER: Commissioner Coletta. COMMISSIONER COLETTA: If I may add my two cents. I wasn't too sure how the whole process worked when we first started last November, and at one point I came to a disagreement with David over the Sunshine and ethic laws. I thought he had something wrong, so I signed up for a seminar on this subject in Orlando, and David Page 81 October 9, 2001 was kind enough to accompany me there. And you want to know something, he was absolutely correct right down the line, every single way, and I've never questioned him since. CHAIRMAN CARTER: That's all right to question him, but he really knows the Sunshine Law. COMMISSIONER COLETTA: He sure does and ethic laws. COMMISSIONER MAC'KIE: And you know one other thing that I really --just because of my leaving and having been here a long time, I want to say that I have learned that David does an especially good job which is a really tenuous difficult position to be in to try to tell us when we're about to mess up without making some admission on the record that if we do mess up ends up getting used against us in court. I mean, he has to tread that line so carefully, and -- and sometimes I have been critical in the past that I want him to stand up and yell at us and give us more direct advice. But what I have learned over the years is that when -- if he should do that, he could really be hurting us in the long run, and he is very prudent about that. I think that's probably one of the biggest challenges of the job that he really handles very well. COMMISSIONER COLETTA: I might also add you've done an excellent job of pulling the staff together that can meet all our needs. CHAIRMAN CARTER: Well, I only have one question. I will -- because David knows, I gave him the toughest evaluation last year of any commissioner -- seated commissioner, and I was tough on David. I had a lot of questions, and we sat down, and we have worked this year. And like Commissioner Mac'Kie I have seen substantial improvement, terrific improvement as a matter of fact, David. You may still think my evaluations are conservative, but he has -- he has -- he has met or exceeded all my expectations, and that's a tough job for anybody that reports to this board, and I congratulate you on the progress that you have made, David. And you have -- to Page 82 October 9, 2001 me personally you've restored my faith in what you do in your office, and I feel very, very comfortable with the legal advice and direction that you give us. You're continuing to be a team player with all our operating departments, which is a big move that we didn't have in the past, and I think ifs through the two gentlemen sitting to my right, our administrator, Mr. Olliff, and Mr. Weigel, that we're getting better in terms of coordinating and working legal with all our operating departments. And we're not there yet. We got a lot more work to do, but you will see us get much better doing that internally and externally. Both have done a tremendous job of working with the other constitutional officers. So this is a very positive thing that I see that's happening, and I commend you, David, for a year that you have worked diligently to get better and that you have -- doing some things in the future. Again, he evaluated himself, and he said, "Here's some things we still need to do. I need an outside source to evaluate our departments," so he's going to have the State's Attorney association team do a review of his operations for efficiency and organizational effectiveness and ways it could be better. And, hey, you know, I didn't have to tell him. He went and did it himself. That's the kind of thing that I respect and the way I evaluated you. COMMISSIONER MAC'KIE: Mr. Chairman, I know there are a couple of things. There was that life insurance whole versus term that was a technical correction we made in our county manager's contract and also the desire to extend the contract and then an auto phone allowance issue. I don't know, I certainly support those. I wonder if there were other issues for our decision making today. I guess we're on the merit pay discussion as well. What exactly is -- besides evaluation, what else is on the table for our decisions? CHAIRMAN CARTER: What's on the table is some Page 83 October 9, 2001 Contractual things that -- that I'll let David Weigel present to us, and then there is the adjustment of how much you pay a county attorney. He has laid out for you the cost of living, which I believe is in his contract, and the pay plan adjustment which would bring him up to -- to be, A, competitive of other county attorneys around the state for the size county and operations and put him in a position where his -- his pay is now more relevant to the assistant county manager in this whole scenario that's been taking place and that's there, plus there is a merit factor to be calculated, too, if that's the desire of the board. So you've got contractual things to discuss. You've got the pay plan adjustment to discuss and whether or not you feel there is a merit increase. So, Mr. Weigel, you want to talk about the contract? MR. WEIGEL: Yes. Thank you. Thank you, Commissioner, and thank all of you commissioners for your comments, not just now but during the course of the year and, of course, most recently during this evaluation review process. Because in having an opportunity to speak with you individually and have followup it's continued to assist me and certainly provide me with pointers as to how we can better accommodate this board as a collective unit but also you individual commissioners with the very important work questions you have that our office is a part of in getting you to the Board of County Commissioner meetings every two weeks and -- and the bigger considerations you have, too, planning considerations. The county attorney contract I have is -- is a 1998 contract, my second with this board. And Tom had brought forward to you a couple weeks ago that his contacts with the insurance representative for the county had stated that whole life insurance could be provided as opposed to term life, has a few extra positive aspects to it for the insured, me. CHAIRMAN CARTER: But there's no cost differential. MR. WEIGEL: Apparently no additional cost there, so my Page 84 October 9, 2001 thought would be if that does, in fact, appear to be the case as we've been told, I'd have that same consideration in my contract as Tom asked for and received two weeks ago. Additionally, as I mentioned to the commissioners, I don't have an auto phone allowance. I negotiated with Commissioner Barry four years ago, and she said, "Let's bring it up another time, but not right now." This appears to be an opportunity to bring that up. I am certainly on the circuit more than ever before and expect to be on the circuit far more even in this year and years -- hopefully in years to come often driving my car or, in fact, coming in to utilize the office as a transmittal point for commissioners and other work that we have. So I'd appreciate some consideration for a monthly auto phone allowance as part of your consideration today. The third item on the contract would be in terms of the contract by its own term would come to an end in October a year ago from this week, next year, and I know Commissioner Mac'Kie had mentioned a couple years ago -- two or three years ago -- not on my contract but on the county manager contract, not this county manager, that there might be a board consideration to not have contracts of your two contractual employees coming up in election years. From a personal standpoint, if you do have the confidence in me and also the desire and stand with the thought that we can continue not only to deliver as we have but deliver in a better way, in a coordinated way, with constitutional officers and county manager, that this would be an opportunity to extend my contract right now as opposed to getting into a negotiation process next fall. It could be extended, obviously, for any period that you would choose. I note that one year would take it to 2003, two years would be 2004 which may be an election year. That's not such a problem for me, but it's something that, obviously, has been an issue discussed before. Three years would put it to 2005 as far as that goes. Page 85 October 9, 2001 So that's really the discussion in regard to potential contract elements that might be considered for revision today. Mr. -- Commissioner Carter mentioned that the wage adjustment and you- all have seen or at least had reference to the fact that the Arthur Andersen study three, three and a half years ago which was commissioned after seven years with no wage adjustment, I did indicate a significant differential with county attorneys and assistant county attorneys vis-a-vie the public sector. It didn't even compare the private sector to which we lose our attorneys and came up with a 26 percent -- at that time, 26 percent differential, and in the two-year implementation that occurred all county employees had an additional 5 percent, I think, added in which for the county attorney's office was a 31 percent differential over two years. Last year this board graciously extended to me that 15 1/2 percent wage adjustment consistent with what all the other attorneys in my office had received, and that's another issue for you this year too. My contract mentions that I should receive wage adjustments that the other county employees -- general wage adjustments that other county employees receive. The Arthur Andersen breakout was, obviously, specific to different job classifications and areas which made it more valuable, and I would respectfully request that that be implemented too. CHAIRMAN CARTER: All right. You have heard the items presented by our legal counselor, Mr. Weigel, our county attorney. Discussion by the board. COMMISSIONER MAC'KIE: I certainly support the three contract revision items, the whole life insurance. I think the car phone allowance is a reasonable one, especially considering that we've told him to get out there on the road more. I support the extension of the contract but think that considering that I'm a short Page 86 October 9, 2001 timer I'm not going to say how much time and I'm not going to -- I'll support what the majority of the board thinks is right on the amount of time and on what the merit pay increase should be, but I do think there should be one. CHAIRMAN CARTER: I agree with you, Commissioner Mac'Kie, on the first two. I would support moving that to 2003; that way it takes it out of a nonelection (sic) year and gives the opportunity that, you know, it really gets down to almost less than two years to work through that -- that contract, and then you have the wage adjustment and the other. So I would like to hear from the other commissioners on it. COMMISSIONER FIALA: I agree with the 2003 that you've just mentioned. Obviously we -- we have no expense involved with the insurance. I think we should give him that. As far as car and phone allowance, I'm sorry he didn't have it before. He certainly does deserve that. We need to bring his wages up to the rest of the state. I'm surprised that we haven't done that before, so I support all of-- all of those. CHAIRMAN CARTER: So you would support the wage adjustments, is what I hear? COMMISSIONER FIALA: Oh, absolutely. CHAIRMAN CARTER: Okay. COMMISSIONER FIALA: We've brought everybody else's wages up throughout the entire county. We can't leave him out. CHAIRMAN CARTER: Commissioner Coletta, any comments. COMMISSIONER COLETTA: I just appreciate everything Dave has done and am supportive of this. Wage adjustment's important because I think under present circumstances the way we're adjusting other wages in his office pretty soon he'll be the lowest paid person. I mean, that would be over a period of time. CHAIRMAN CARTER: No. You'll always be the lowest paid Page 87 October 9, 2001 person, Commissioner. You have a part-time job, but your salary is set by the State of Florida. Commissioner Henning. COMMISSIONER HENNING: No. Nothing. CHAIRMAN CARTER: No comments? COMMISSIONER HENNING: No comments. CHAIRMAN CARTER: Okay. All right. I entertain a motion from the commissioner to put this all on the table. COMMISSIONER FIALA: I was just saying to one of the commissioners I'm very poor at making motions, but I'm going to try this one. I'd like to make a motion that we -- that we change David's life insurance to whole life, that we give him car and phone allowance, that we extend his contract to the year 2003, and that we adjust his wage appropriately so that he meets the standards that have been set forth in this state. CHAIRMAN CARTER: I have a motion. COMMISSIONER COLETTA: I can second it, but don't we have to be specific about the wage adjustment? CHAIRMAN CARTER: I think you do need a clarification on that. If you're saying that the pay plan adjustment, I think that clarifies it. COMMISSIONER FIALA: Oh, okay. Pay plan adjustment. COMMISSIONER MAC'KIE: And that -- that is indicated -- so you're -- so you're suggesting that we do approve the pay plan adjustment. Is there any interest on the board to look at the merit pay? COMMISSIONER FIALA: Oh, yes. Should that be part of this same motion? CHAIRMAN CARTER: It needs to be a part of the motion. Luckily, I told you I'm very poor at making motions, but I'm here learning because Pam has always been my guiding force. Page 88 October 9, 2001 COMMISSIONER MAC'KIE: Two, three, or four percent is what's sort of out there for decision making, and it's -- you know -- COMMISSIONER FIALA: What did we give Tom? COMMISSIONER MAC'KIE: We gave Tom four, didn't we? No, we gave you-- MR. OLLIFF: 2.9. COMMISSIONER MAC'KIE: 2.9? COMMISSIONER COLETTA: Wouldn't it be appropriate to do the same for Mr. Weigel? COMMISSIONER FIALA: I would think so and especially being that Commissioners Carter and Mac'Kie have said what a great improvement, I think he deserves that merit raise, so okay, let me include in that motion a 2.9 percent merit adjustment increase. MR. WEIGEL: The auto allowance, I didn't hear a dollar number for auto allowance, just so the clerk would know. CHAIRMAN CARTER: What are you propose -- I don't know how much-- COMMISSIONER MAC'KIE: He's proposed $400 a month. MR. WEIGEL: Auto phone allowance. COMMISSIONER MAC'KIE: Is that what the motion intended? COMMISSIONER FIALA: That's what the motion intended. COMMISSIONER COLETTA: Second to it also. CHAIRMAN CARTER: Go for the best package you can get. Ms. Filson is very good at finding those out there. I don't know, what do we get? What's the standard -- what's our standard package for the state -- covers the whole state, Ms. Filson? MS. FILSON: Two of the commissioners have a package that's 99.99 a month and -- I'm sorry, three of you and two of you have one that's 149.99 a month with AT&T. CHAIRMAN CARTER: I'm not going to suggest in the motion Page 89 October 9, 2001 that you might want to look at something a little less than 400 a month then. I don't know. Our bills don't run more than maybe max 200 a month by any commissioner. COMMISSIONER FIALA: But he's talking about car and phone, total of $400 a month. COMMISSIONER COLETTA: Four hundred would be a cap; doesn't mean he has to achieve that number. CHAIRMAN CARTER: All right. I'm okay with that. Up to -- COMMISSIONER FIALA: Yes. Up to 400. That's -- that's good. You should have made this motion. CHAIRMAN CARTER: No, ma'am. No, ma'am. I believe all commissioners have an equal opportunity to wade into water and make motions. COMMISSIONER MAC'KIE: I'm going to take a risk here and just be sure -- and I apologize, David, but you know we all have -- our salaries are all public knowledge, so I'm just going to be sure I understand what I'm voting on here. That your current -- your salary would go from 118,951 to 145,614 or thereabouts because that's a 3 percent merit pay on top of COLA. MR. WEIGEL: I think that's correct, and I will say, though, in regard to that auto allowance, if it's in terms of submitting bills for auto, that's a little different than just having an allowance that I pay income tax on. Whatever figure you may choose as far as that goes which is, quite frankly, easier to do than breaking out this part of transportation and that part of that gas bill and accumulating them. COMMISSIONER MAC'KIE: And I would just suggest however it works with Tom. Does Tom have an allowance, or do you have this receipt reimbursement? MR. OLLIFF: No. I have -- I have an allowance, and we structured it specifically that way because it's probably more paperwork than it's worth going the other way. Page 90 October 9, 2001 COMMISSIONER MAC'KIE: Amen. So I'd avoid -- personally I'd avoid -- we'll spend more than $400 monitoring it if we do this whole receipt reimbursement thing. It's just you give him an allowance. If 400 is too much, make it 300. Do whatever you think it ought to be. That's my suggestion anyway. CHAIRMAN CARTER: Questions? COMMISSIONER COLETTA: Yes. Yes. When you say an allowance, in other words, whether he spends it or not he would get it? COMMISSIONER MAC'KIE: And he pays income tax on it. I mean, it becomes -- it's basically salary. COMMISSIONER COLETTA: I don't -- I really don't -- is that what you have, Tom? MR. OLLIFF: Yes, sir. COMMISSIONER COLETTA: Then I don't have a problem. CHAIRMAN CARTER: See, he spends less he gets taxed less. COMMISSIONER FIALA: No. He gets the 400, period. COMMISSIONER MAC'KIE: No, he gets the money. COMMISSIONER FIALA: Period. He doesn't get taxed any less. CHAIRMAN CARTER: Oh, yes he does. It's up to; it's income. COMMISSIONER COLETTA: He gets the right to expense the bills off. CHAIRMAN CARTER: Right. He can write expenses against it. COMMISSIONER MAC'KIE: No. MR. WEIGEL: No. COMMISSIONER COLETTA: No? COMMISSIONER MAC'KIE: What he's proposing and what we do with Tom is we give him -- you can call it salary, you can call Page 91 October 9, 2001 it whatever you want to. In his check he's going to get his paycheck, and then he's -- may get a separate check, yes, for his phone car allowance. We will be giving him money. It's not reimbursement for expenses, and we will be giving it to him whether he spends it on candy wrappers or car phones, but we will be acknowledging that we believe he has an expense of around $400 a month for automobile and car phone debts related to county public purpose. And we will be giving him $400 a month in addition to the 145 -- the 145,000 this -- and we're just getting off on the small issue here, but that's -- we need to be clear. We're not talking about a reimbursement. We're talking about giving money for a car allowance and a car phone allowance, and he will get a check for $400 a month. CHAIRMAN CARTER: Okay. Any other discussion? Any other questions by any commissioner? COMMISSIONER MAC'KIE: I -- I needed to be sure that I understand. We are talking about 145,000 in round numbers plus 4,800 a month -- I mean, a year after you get that 400, so we're really talking about a package that's about $150,000 of cash separate from benefits. Is my math good? MR. OLLIFF: Your math is pretty good. COMMISSIONER FIALA: Well, we should at least be up to what the rest of the state pays all of their attorneys; right? COMMISSIONER MAC'KIE: And you see here what the -- we have a -- we have a deal here that tells us in Sarasota he's making 146, but he's got a review coming up. Pinellas makes 147. Hillborough makes 151. Orange makes 162. Broward makes 160. Palm Beach makes 120 but is expecting a March review. Lee makes 121, but is expected -- MR. WEIGEL: Your values are actually on the right side, some of them anyway, because -- COMMISSIONER MAC'KIE: I was doing currents -- Page 92 October 9, 2001 MR. WEIGEL: Okay, fine. COMMISSIONER MAC'KIE: -- and is expecting -- Lee County is expecting to come up to 130. So, like, for example, when I said Hillsborough is 151, he's expecting 162 this year. I mean, this -- it sounds like a lot o£ money 150, but it's not out of the ballpark. COMMISSIONER FIALA: The thing I always keep thinking about is it' he were in the private sector, he could make what a regular attorney makes in the private sector, and you have to keep good people and pay them. COMMISSIONER HENNING: What does a regular attorney make? COMMISSIONER FIALA: I don't know, but they all drive around in Mercedes -- COMMISSIONER MAC'KIE: I used to. COMMISSIONER FIALA: -- and live in great places. COMMISSIONER MAC'KIE: You can look it up, because the first year I was on the board I was still a regular attorney, and you can see I was making a lot more -- I was making more than 150. Let's go with that. Oh, the good old days. CHAIRMAN CARTER: Yes. Okay. Well, you're going to go back to good 'ole days, so any further discussion? Any other questions by commissioners? I'm going to call the question. COMMISSIONER FIALA: We didn't have a second, did we? COMMISSIONER COLETTA: Yes, we did. CHAIRMAN CARTER: Commissioner Coletta seconded your motion. COMMISSIONER COLETTA: With all the necessary corrections. COMMISSIONER FIALA: Okay. CHAIRMAN CARTER: With all the necessary corrections. All in favor signify by saying aye. Page 93 October 9, 2001 (Unanimous response.) CHAIRMAN CARTER: Opposed by the same sign. (No response.) CHAIRMAN CARTER: Motion carries 5-0. MR. WEIGEL: I thank you. I look forward to work very, very hard with you-all. Thank you. CHAIRMAN CARTER: All right. That takes us to -- MR. OLLIFF: Mr. Chairman, at your indulgence, I know this has been a confusing agenda, but could I ask you to consider Item 10- A in order for me to be able to make the engagements that I have to make this afternoon, and I would love to be able to cover that personally. CHAIRMAN CARTER: Yes. COMMISSIONER MAC'KIE: You're supposed to be on an airplane right now, aren't you? MR. OLLIFF: I'm supposed to be leaving for an airplane right now. Item #10A STAFF TO DEVELOP A CITIZEN'S OVERSIGHT COMMITTEE FOR THE REFERENDUM OF ROADS- APPROVED CHAIRMAN CARTER: Okay. Can we go to 10-A? MR. OLLIFF: Chairman, ifI can, I just in -- in light of the upcoming referenda, we have a proposal for you to consider this morning, and it is one that I know that some other communities have used throughout the State of Florida. I think it's one that is very, very appropriate for our community. And what we are proposing is a Citizens Oversight Committee specifically designed to review any revenue and expenses related to monies received should the referenda Page 94 October 9, 2001 for roads pass in its referendum election of the first week of November. COMMISSIONER MAC'KIE: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN CARTER: A motion by Commissioner Mac'Kie. I have a second by Commissioner Fiala. Any discussion? COMMISSIONER MAC'KIE: You want to talk more about it? I mean, I just don't want to cut you off. MR. OLLIFF: No. I just want to make sure that the public understands clearly that there are a number of protections in this particular referenda issue. One is that there is an ordinance that simply cannot be amended by future boards in terms of the uses of these monies and that the monies are restricted specifically for road- related expenses only. In other words, the county commission cannot use those monies to build parks, libraries, do indigent health care, or anything else. It can orily be used for road-related expenses. COMMISSIONER MAC'KIE: And as insurance for that we would be creating a citizens over-sight committee to watch and report should there be anything questionable to prevent anything questionable from happening. MR. OLLIFF: And just, secondly, while I had the public opportunity I wanted to point out-- because it's come up in questions before, well, is there an opportunity to supplant, if you will, taking this money as it was always alleged that the state did with a lot of monies and move this money. I will tell you the only other monies that we use for road construction in this county are gas taxes and impact fees, and both of those are also restricted funding sources that can only be used for road-related improvements, as well, so there is no opportunity for this commission to be able to do anything with all three of those funding sources other than road-related improvements. But on top of all of that we thought it would be an icing, if you Page 95 October 9, 2001 will, on the cake of protection to provide a citizen over-sight committee; that's why it's recommended to you. CHAIRMAN CARTER: The over-sight committee does not change what roads are to be built or -- it does not take or usurp the accountability and responsibilities of the Department of Transportation. It says, "Here's the plan, here's the roads, and we'll make sure the money is spent on those activities." MR. OLLIFF: Exactly. CHAIRMAN CARTER: All right. We have a motion. We have a second. Any further discussion? Hearing none, all in favor signify by saying aye. (Unanimous response.) CHAIRMAN CARTER: Opposed by the same sign. (No response.) CHAIRMAN CARTER: Motion carries 5-0. Thank you, Mr. Olliff. Have a safe trip. Mr. Mudd, you will be taking over, I understand. That would move us back to - Item #9D OPERATION WEED AND SEED PROGRAM MEMORANDUM OF AGREEMENT- MEMORANDUM OF AGREEMENT APPROVED MR. MUDD: To 9-D, sir, Board of County Commissioners approval of the Operation Weed and Seed Program. COMMISSIONER MAC'KIE: That says Commissioner Coletta. Is that weed and seed something, 'cause there's not backup, I don't think, in the packet, was there? COMMISSIONER COLETTA: I'm sorry for the lack of backup. I'll tell you what I would like to do. Rather than give you Page 96 October 9, 2001 my view on it, I'd like to invite John Lawston (sic) up here to give you an overview of where we are with it. It's a program that involves the population of Immokalee in a very big way. It involves the FBI -- well, I'm taking John's speech away from him. Come on up, John, and please give us an overview of this whole program. MR. LAWSON: Yes. For the record, John Lawson, executive director for Guadalupe Center Community Outreach. Approximately six months ago we were approached by the Immokalee Civic Association and the Immokalee Alliance to help bring forward the Weed and Seed Program. And as part of that effort we've had a series of community forums, and we've actually gone out into the community to seek the advice of the community knocking door to door. There was also a proclamation that was offered by the county commissioners to support this initiative during the summer. Where we are right-- we're in the process of making application for recognition as a site. At this point we have formed a series of committees -- and steering committees, and our request to you today is to formally direct staff to participate in that to assist in the Weed and Seed Program on the steering committees. The steering committees will then help guide the program and help in the implementation of the strategies that have been developed by the community organizations and the residents of the community. It is a program that is a part of the U.S. Justice Department and has been endorsed strongly by Attorney General John Ashcroft. It was started by the Bush administration, and it continues to be supported financially through the Bush administration. It is a cooperative community based program that is co- sponsored by the sheriff's office. Residents and a whole series of not- for-profit organizations and our involvement with you is to make sure that the coordination of this program moves forward smoothly so we've requested participation from parks and recreation, the library, Page 97 October 9, 2001 code enforcement, and other community organizations. Jim Coletta has been actively involved in the meetings in helping through the executive committee up to this point. Leo Ochs has also participated in some of the meetings, and we can only praise your county staff for seeing that the importance of this as a vision for the Immokalee community. We -- it would have no particular growth management impact on the county, nor would it have a direct fiscal impact because the salaries of the staff or this is part of their job to do these types of things anyway. And we would recommend that the board authorize your staff to participate in the coordination of the Weed and Seed Program and continue to advise us as we move forward. Once we receive recognition, which would happen in perhaps as early as February of this year, then we would be asked to apply for funds through the Justice Department to implement the strategies that have been developed, and then that would move forward with the guidance of your staff and their role of assisting us in the weeding and seeding components as to -- as to their involvement. I would be happy to answer questions. COMMISSIONER MAC'KIE: I just have -- I know everybody thinks I play solitaire on this thing up here, but I actually have the Weed and Seed web page up, and I just wanted to -- CHAIRMAN CARTER: That's her story. COMMISSIONER MAC'KIE: -- show it to you. I wanted to read something to you from it about the strategies -- I just think this is neat about the weed and seed (as read): "The strategy involves a two-pronged approach. Law enforcement agencies and prosecutors cooperate in weeding out criminals who participate in violent crime and drug abuse, attempting to prevent their return to the targeted area, and seeding brings human services to the areas encompassing prevention, intervention, treatment, and neighborhood revitalization." Page 98 October 9, 2001 I just thought that was a very nice little synopsis of what the Weed and Seed Program is, and I move for approval. CHAIRMAN CARTER: I have a motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN CARTER: I have a second by Commissioner Fiala. MR. MANALICH: Good morning, Mr. Chairman, if I may interrupt, I'm sorry. Ramiro Manalich, assistant county attorney. As part of your motion, there was distributed to you a memorandum of agreement. That's what -- I would ask for you to approve that agreement to implement what Mr. Lawson has been talking about. CHAIRMAN CARTER: Would the commissioner include that, please. COMMISSIONER MAC'KIE: So moved. CHAIRMAN CARTER: Second-- COMMISSIONER FIALA: Second also. CHAIRMAN CARTER: Also included. And further discussion? All in favor signify by saying aye. (Unanimous response.) CHAIRMAN CARTER: (No response.) CHAIRMAN CARTER: you, Opposed by the same sign. Motion carries 5-0. Thank you. Thank Commissioner Coletta, for bringing that to us. Item #9E ASSISTING MOSQUITO CONTROL WITH THE PETITION PROCESS TO SURVEY GOLDEN GATE ESTATES RESIDENTS FOR SPRAYiNG BY MOSQUITO CONTROL- DISCUSSED We're now at Item E, discussion of the Board of County Page 99 October 9, 2001 Commissioners to assess mosquito control with the petition process to survey Golden Gate. Commissioner Henning. COMMISSIONER HENNING: Thank you. I know Commissioner Coletta is working on some initiatives with that, but because of the Sunshine Law, you know, if we're going to vote on it, we can't talk about it on a one-on-one basis. What I am proposing, Commissioner Coletta -- and if this is not in parallel with what you are working on right now, is there is a true desire in Golden Gate Estates to have mosquito spraying service, especially with the scares of encephalitis and others. Golden Gate Estates is unique that sometimes your neighbor is more than a stone's throw away, so I would think that if we can assist the residents out there by doing a mail-in survey for the service and then come back to the Board of Commissioners for approval for creating a MSTU. Is that fitting to -- COMMISSIONER COLETTA: I can't thank you enough for bringing up this subject. I've been working on it now for, like, about four months, numerous meetings. As you recall, the first move out there from one mile past 951 where the district used to end, when I was president of the civic association, I leaned unmercifully on mosquito control to have the district expanded in two jumps, so now it's past Orangetree. And now that I'm a commissioner, I really can't take quite the active role and take on mosquito control as a commissioner, so I recruited a bunch of troops, got a number of new people involved. They're out with a petition drive right now, and they'll be presenting it to mosquito control in the near future, and I'd like to invite everybody to participate in a meeting. And I didn't put Commissioner Henning up to this, by the way, but I do thank you for bringing it up. There's a meeting on the 17th, a week from this Wednesday, over at the Golden Gate Community Center at seven o'clock in the evening where we'll have all the entities that have to do Page 100 October 9, 2001 with mosquito control that are in favor of it, that are opposed to it. We're going to have mosquito control there. They're also going to have the civic association representatives, the people out in the estates that have been doing the petition drive. Nancy Payton said she'll be there. Dr. Joan Crawford's going to be there from public health. A number of people are going to be able to give a total overview of this so that the people there can make up their minds and be able to move this forward. The petition will be presented to mosquito control, and we're going to have them bear the expense like we did the last time for the survey. And if my memory serves me correctly, they'll probably do the survey during the middle of the winter when there's no mosquitos and see if the intent is pure. The last time it was overwhelmingly pure. People didn't forget what it was like and the danger out there is ever present. And also, too, as a further note on that, I worked very closely with public health to make sure that mosquito spraying would go to Immokalee for a one-time shot to remove that ever present danger because of the Nile virus in the surrounding counties, and they believe it may be present in the Immokalee area. And with the number of people that work in the fields there it's an absolute necessity. And the last time around I believe we -- well, no, that came from our budget already that's in place. But you can look forward to about another year to hear about Immokalee also wanting to form a mosquito control district. COMMISSIONER MAC'KIE: Interesting. COMMISSIONER COLETTA: I've got three years left. I've got to get a lot done. You probably can tell I've been very busy with all these projects, and they're all starting to bear fruit. But remember the ! 7th, a week from tomorrow, the Golden Gate Community Center. Please come. Give them your input -- seven Page 101 October 9, 2001 o'clock-- to expand the mosquito control district from Orangetree to Desoto. If you live near that boundary now, you may want to see it expanded even if you are in the covered area because if you're near the edge of it, undoubtedly you're going to get the wash back from the mosquitos that are still out there with the changing of the breezes and the winds. And with that I thank you, Commissioner Henning. COMMISSIONER HENNING: Well, it sounds like you have it covered, so I'll just withdraw my request. Sounds like you're doing your surveying. COMMISSIONER COLETTA: But you're right. We can't communicate and we don't. CHAIRMAN CARTER: Well, that's fine. Healthy discussion. Everybody's on board going the same direction. Thank you, gentlemen. We will now move to county manager's report. COMMISSIONER MAC'KIE: Are we to beaches now? CHAIRMAN CARTER: We're just about down to Item 10, I have D. I think it's still 10-D. MR. MUDD: Commissioner, D might be a little bit long based on some conversations I've had with other commissioners as I've done office visits with them. The beach issue has got some public speakers to it. If we could try to go to 10-G, there's one public speaker on that one, and that was an item that Commissioner Henning wanted to pull forward out of the consent agenda which was 16-A-3 which is a request to approve the recording and the final plat of Berkshire Commons Parcels 1, 2 and 3. Item # 10G RECORDING THE PLAT OF "BERKSHIRE COMMONS PARCEL 1, 2 AND 3 -CONTINUED TO 10/23/01 Page 102 October 9, 2001 CHAIRMAN CARTER: All right. Let's move to 10-G, permission of the board. Let's deal with that item and come back and talk about Tropical Storm Gabrielle, and then we'll take D. COMMISSIONER HENNING: Commissioners, the reason I pulled this I'm not clear on circulation for the final plat of Berkshire Commons 1, 2 and 3. COMMISSIONER MAC'KIE: The traffic circulation? COMMISSIONER HENNING: Yes. Egress and ingress. MR. KUCK: Commissioners, Tom Kuck, engineering director, for the record. I'm not really sure what you want to discuss on it. The petitioner has requested -- and they've talked to me a little bit earlier -- they would like to continue this for two weeks to address any questions you have, but I'm not sure the particular questions that you have on the plat. CHAIRMAN CARTER: Does that meet with your approval, Commissioner Henning? COMMISSIONER HENNING: That's fine. It's just looking through the Land Development Code, and you can correct me if I'm wrong, 3.2.9 there are certain criteria for a final plat, and I just didn't find what was needed in there. MR. KUCK: I think that what they intend to do and I can -- let me put this drawing up on the board. COMMISSIONER MAC'KIE: Well, we're going to continue this for two weeks. COMMISSIONER HENNING: That's fine. COMMISSIONER MAC'KIE: I'll make a motion to continue for two weeks. COMMISSIONER HENNING: Second. CHAIRMAN CARTER: I have a motion by Commissioner Mac'Kie. I have a second by Commissioner Henning to continue for Page 103 October 9, 2001 two weeks. All in favor signify by saying aye. MR. MUDD: Sir, you had -- (Unanimous response.) CHAIRMAN CARTER: (No response.) CHAIRMAN CARTER: MR. KUCK: Thank you. CHAIRMAN CARTER: Opposed by the same sign. Motion carries 5-0. Thank you. That will take us to Item E, and that's approve funding for Tropical Storm Gabrielle beach recovery. Mr. Mudd. COMMISSIONER MAC'KIE: Forgive me for just trying to figure things, Mr. Chairman, but that -- is that the last item on our agenda besides communication and-- CHAIRMAN CARTER: Yes. MR. MUDD: No, ma'am. No, ma'am. You have the South County Water Plant that we need to bring that to you, and that was in front of the damage from -- COMMISSIONER MAC'KIE: Gabrielle. CHAIRMAN CARTER: We need to do Gabrielle, then we're going to do the water plant, and then we will go to board communications. COMMISSIONER MAC'KIE: I see. Thank you, sir. Item # 10E FUNDING FOR TROPICAL STORM GABRIELLE BEACH RECOVERY- STAFF RECOMMENDATION AS AMENDED APPROVED MR. MUDD: Commissioner, before you today on the regular agenda is a -- is a series of proposals that we need board action on to Page 104 October 9, 2001 talk about the damages that were done from Tropical Storm Gabrielle on September 14th, 2001. The majority of the beaches in the county were under water. We had a number of dunes that were overtopped, in particular Clam Pass and Lowdermilk Park. And our estimate on county engineered maintained beaches is 40,000 (sic) cubic yards of sand washed away. Now, we have -- based on Commissioner Carter's direction last night at the Tourist Development Council, we have gone back and asked FEMA if all the beaches in Collier County, even though they're not engineered and maintained, could be recipients of federal aid, and the answer we got back was yes. COMMISSIONER MAC'KIE: Good. MR. MUDD: The -- the constraint on engineered and maintained beaches that we got was from the state agencies and the way funding comes when you get a declared emergency, you get 75 percent from FEMA, you get 12.5 percent from the state, and then the county would pay 12.5 percent to give you that 100 percent process. But because there's the likelihood of receiving state funds -- with some of the cuts that the governor is making, their state agencies are basically saying that we probably won't receive anything as far as that 12.5 percent is concerned from the state side of the house. So their more stringent requirement to have maintained and engineered beaches kind of goes out the window with that process, because they're no longer a partner. We are going to do everything we can to get an estimate on all the beaches in Collier County to bring that to the -- to the federal eyes and apply for that as far as a claim against Hurricane Gabrielle. CHAIRMAN CARTER: I really appreciate that, Mr. Mudd, in that short period from our TDC meeting last night to this afternoon. You've taken that action because, I'm with you, the state is going to be a nonplayer which I will address under board Page 105 October 9, 2001 comments in many, many areas, but the federal government can still be a player, and if they really want to help us keep the country moving again, we're going to give them that grand opportunity. MR. MUDD: Yes, sir. So what you have in your packet is talking about the 400,000 cubic yards of sand washed away from maintained beaches and engineered beaches that we have in Collier County. I just want to make that distinction because we haven't got the estimate yet against the other parcels. For instance, Park Shore, we just finished the renourishment in April 2001, and I provided all the commissioners at that time a before and after shot in this process. And if you look at the picture below, you see three to four feet of sand loss because of that hurricane on sand that we just got finished renourishing. So it was a bad storm. Even though it didn't knock down trees and whatnot, it came in at high tide and really did some damage to our beaches. Here's a picture of Clam Pass Park. You can see the truck on the top part. That's four-- to five-foot scarp from the July storm that we had, and we estimated the July storm was about 150,000 cubic yards worth of damage. And at the bottom slide you see that the dunes were wiped out, and the sand was pushed inland because it overtopped those dunes, and it pushed a lot of sand forward as well as eroding it back out into the surf. Here's Vanderbilt Beach. You can -- you can kind of see where the stairs used to go out from the place where he's got all the lounge chairs out there. He's missing about four foot of sand in that particular case and -- and all that area was covered by sand. So it really did -- really did some severe damage to the landward side of our beaches as far as the cross-section is concerned. It's another picture of Lowdermilk Park, and you can see the escarpment that was formed as it went into the dune area. This is a picture down on the Naples Beach and you can see by Page 106 October 9, 2001 the -- by the line, the bleach line, the sun line on the lumber there. It used to have -- it's about three foot of sand lost there where you have the first two stairs that you see there were basically covered by sand, and it was touching the third one. Stairs are normally 10 to 12 inches in height, so it gives you an idea. Here are some of the rocks that showed back up after the beach event, and we've been out there policing those up as fast as we can. Beach Recovery, September 18th, Florida coastal emergency was declared; the 21st FEMAs unofficially declares it an emergency. We discussed 85.5 percent of replacement, 75 federal and the 12 1/2 state and the other 12 1/2 coming from county. They, basically, agreed to the cost of 234,200 cubic yards of that 400,000 that we estimated as lost. October 3rd we were added with two other counties to the presidential disaster, so we have a presidential disaster that's been declared, and our mission now -- once you have the declaration from the time of the incident, the hurricane, you have to have your bills in to have reimbursement from FEMA, and you've got an 18-month window in order to do that. And if you think about the three T's, turtles, tourists and tarpons, and you have to avoid all three of those when you put sand on the beach, you only get about 100 days a year you can actually go out there without disturbing one of those three and having some serious impacts on the environment and on the economy of-- of this community. So you've got some limited times that you have to react in order to do this, to do 400,000 cubic yards of sand. And I want to specify here, because you have to have some permits and Commissioner Carter so eloquently told us yesterday, we need to try to shorten that permit process to get every bit of beach that we need to have fixed in and approved so we can get after it. But right now we only have permits, standing permits to do upland sand renourishment, and we have one permit that I know of to do Clam Page 107 October 9, 2001 Pass and to take sand out in a dredge manner in order to put it up on the Clam Pass Beach. And there is a separate item for $167,000 in the budget that you approved in order to do that process, and the Tourist Development Council reapproved that project to specific application last night. So to truck 400,000 cubic yards of sand on the beach, our estimated costs about 800 -- excuse me, about $8,500,000. We have a million dollars in the project for beach restoration renovation this year. That $8.5 million estimate we'd have to pull $7.5 million out of reserves. If you pull that $7.5 million out of reserves, you're left with $700 in reserves. So we need to do some things to shore up the reserve in case all the economic predictions that everybody tells us, our tourist season's going to hurt a little bit in that kind of process. In order to shore up those reserves, there are four projects that are -- that are on schedule that we've -- that we've obligated or encumbered dollars for this year. We're -- we're not going to be able to go to construction, so the majority of the cost of those projects we're tying those dollars up, and we won't get to the construction site. And then I'll have a breakdown of those projects on my next slide. And I'll show you what we need to keep in for -- for the engineering piece and what part we can differ and do it with an educated decision process and -- and then shore up the reserves so we're not just stuck with $700, and we could get ourselves in a problem as the year progresses because the budget was based on revenues coming in. FEMA reimburses 75 percent, as I said before. That will bring in to the coffers about $3.5 million. We'll also need to inform the board that FEMA -- I wish they paid bills as fast as I did. They -- they could take up to three years to pay it back. Okay. The state 12.5, that's highly unlikely at this time with the budgetary cuts that the state is -- is -- is basically espousing right now. Here are these four projects that I talked about. It's -- we Page 108 October 9, 2001 recommend a $4.5 million project deferral so we can beef up those reserves. This year the total amount remaining for Vanderbilt Beach parking garage was 3.8 that was encumbered. They're only going to be able to get the engineering piece done this year with the permit process. We're -- we're asking the board to consider that we keep $500,000 in the budget this year for Vanderbilt Beach to do those kind of issues with engineering and permitting in order to keep the project moving, but it would never go to construction this year. So we're asking to slip the project to next year to the tune of $3.3 million. Clam Pass dredging, Marco Island breakwater, and Hideaway Beach access, all in the same category. They're in the budget; however, the only thing we would do this year would get the engineering piece done. If-- if we were really fast, we'd be able to once the permits were obtained basically get the contracts for construction awarded, and then the bills would come in next year. So we're asking that we defer the amounts on the right-hand column, Caxambas Pass dredging to keep $35,000 in this year's budget and defer the actual dredging for 300,000 until next year. Marco Island breakwater modifications, that we keep $75,100 in this year's budget, and then we slip the actual modifications to the breakwater to the tune of $630,000 to '03. And Hideaway Beach, that we keep $81,000 in the budget this year and move the actual construction part or the sand replenishing part -- and that hasn't been decided yet if they were going to do a walkway or do a beach renovation, and that was part of the engineering part that we were going to look at this year, and we slipped 320,000 till next year. Construction plans, the existing permits we're going to use. Not all beaches are covered, so we're going to go out there and see if we can get those permits as fast as we can from the Florida Department of Environmental Protection and from the Corps of Engineers. Page 109 October 9, 2001 Pelican Bay south of-- of Clam Pass Park, Villa Mar Lane and the Naples south of 18th Avenue are all areas where we're going to need to get additional permits. Before we can go out there as part of the consent order that -- that was signed, we have to make sure that the project rocks don't exist before we put sand on the beach. So there's $400,000 delegated in this proposal to go out there and get rid of the project rocks before we bring any ounce of sand onto the beach. And then you have to go out there and get sand companies. Right now we've got John, and we've got Big Island that put in request -- answered our request for proposals and gave us samples, and I think you've all had the opportunity to take a look at those samples to actually get into contract negotiations with them in order to produce the sand. In order to do 400,000 cubic yards of sand, you've got about 20,000 truckloads, 20-ton trucks. This is what the sand and the truckloads going to the different beaches would be based on our preliminary plan that we have right now. Vanderbilt would get 6,000 truckloads; Park Shore, 2,000; Naples Beach would get 10,000; and Marco Island would get 2,000. We'd have to work several beach access points simultaneously, and we're going to have to do some PR with the local communities to make sure that the access roads and the egress and that process is lined up and we've got it scheduled and we've got everybody knowing what it is and understanding what we're trying to do, and we still have to do that yet. We plan to start work -- get the engineering piece done this month -- November 1st through January 12th. We'll try to get the initial shot out, and then we would start up with anything we weren't able to finish after Easter which is the 31st of March. So we'd start 1 April to the end of April, and hopefully we'd be able to get that 400,000 cubic yards laid out on that beach. Page 110 October 9, 2001 What I need from the Board of County Commissioners today is to, one, approve the $7.5 million budget amendment; to waive the formal competition requirements. What we're going to do is go out and get several bids from truck firms and from other sand companies to make sure we get the best price in this thing and that nobody takes a beating at us in that process, because there's two parts to this. There's making the sand, and then there's actually trucking it and then -- and then grading it on the beach. The third bullet, authorize the chairman to execute the contracts. I would like to defer that, and what we'll do once we get the contracts in place, we will come to the Board of County Commissioners and get your approval to execute those contracts. We can do that. We have several workshops that are scheduled, and if we have the contracts in place, we will make sure that we get the public notice out 42 hours in advance, and we'll add that to the workshop. We'll close the workshop, and then we'll go for a special meeting, if-- if need be. I think we could have it all done in -- I think the next board meeting we will get to it. We'll get to it. CHAIRMAN CARTER: Whatever it takes, Mr. Mudd, we will do it. MR. MUDD: So I would say that third bullet, I'd like to take that off the executive summary, and we will come to the board to execute those contracts. And we've talked to the Clerk of Courts. He's more comfortable with that process in light of the recent Attorney General's decision as far as delegation of authority. We'd like to authorize that the public utilities division administrator, the acting administrator is Tom Wides, we do name changes quite quickly in the front. But I'll make sure Tom is -- is up to speed. We'd like to see the public utilities administrator be able to execute the FEMA agreement and to be the signatory for reimbursements when they come in so we can get them back into the Page 111 October 9, 2001 county coffers and start collecting interest on those dollars. And, then, we'd like to defer those four TDC projects that are on Slide 10 that I briefed you on. COMMISSIONER MAC'KIE: I'll make a motion to approve the recommendation as it was just outlined. COMMISSIONER HENNING: Second. CHAIRMAN CARTER: I have a motion to approve. I have a second. MR. MUDD: You have -- I think you have three speakers, David. MR. WEIGEL: That's right. There are three speakers. There are three. CHAIRMAN CARTER: There are three public speakers. Question, Commissioner Fiala. COMMISSIONER FIALA: Jim, may I just ask you a question before a speaker gets up there, and that is you had said you were going to send 2,000 truckloads of sand to Marco Island. Is that what was lost from-- from Gabrielle was -- MR. MUDD: Yes, ma'am. Yes, ma'am. COMMISSIONER FIALA: We didn't lose anymore than that? MR. MUDD: Yes, ma'am. We went in there, and we did a rough estimate on all of that. One of the things that we're going to do with the AE contracts that we have, we're going to basically go in there, and we're going to have them go in and do a good cross- section, do the more specific estimates to make sure that we've got exactly the amount that was missing, okay. It was a rough estimate for FEMA. Now we need to get into a very finalized estimate for FEMA so that we get all the -- when we sign that FEMA agreement, that's all in -- that's all -- that's all in the process along with the additional damage that we saw in our beaches in order to get that so they -- that they see it to see if we can increase this claim. Page 112 October 9, 2001 COMMISSIONER FIALA: Thank you. CHAIRMAN CARTER: No further -- oh, we have public comment. I'm sorry. MR. WEIGEL: We have three speakers. The first one's David Shealy to be followed by Wally Hilliard. CHAIRMAN CARTER: If you're going to speak next, be on the on deck circle, please. MR. SHEALY: My name is David Shealy, and I have basically had the same idea that I thought some of the projects that were in line to be done should have been deferred, and that was the idea I brought to the commission today. And as you-all know reading in the newspapers, magazines, and TV weather conditions around the world have been quite turbulent over the past ten years and probably are going to continue to be, and I don't see where anybody should have any high hopes that next year's going to be any better than this year and so forth, and I think that those projects that are being deferred probably really need to be totally reviewed and looked at again and see if you're going to even be able to afford it next year, because I don't see where there's going to be any difference. Other than that, it's obvious that there's been damage done at the beaches. I think it needs to be repaired immediately. I think the idea of trucking sand in is fast, it's available, and it's a good quick fix; however, in the future I think that stronger beaches that can hold up to this kind of weather possibly need to be designed in some way because, obviously, what's going on right now is not working. CHAIRMAN CARTER: Okay. Thank you very much, sir. MR. WEIGEL: Thank you. Next speaker. CHAIRMAN CARTER: Next speaker, please. MR. WEIGEL: Wally Hilliard followed by Colin Kelly, the last -- MR. HILLIARD: Good afternoon. I have three quick items for Page 113 October 9, 2001 you. Number one, we took some pictures by helicopter that I would like to pass out to you but only ask that at the end of the day you give them back. COMMISSIONER MAC'KIE: No. I don't think we can. CHAIRMAN CARTER: I don't think we can do that, sir. You could put them on the visualizer, I believe. MR. HILLIARD: Okay. If I put them up there, you won't really get a look at them. You guys got to look at them because in support of Mr. Mudd I think you'll really enjoy them. COMMISSIONER FIALA: We have-- we have TV screens right here. MR. HILLIARD: All right. Picture No. 1 is taken before the storm at high tide. Picture No. 2 is after the storm at low tide, and you can notice the dune coverage. Right there. That's low tide after the storm, and if you compare one and two, your dunes got wiped out. The vegetation on the dunes got irradicated. See the green and right there and then you look at the next one, all the vegetation is wiped out. Your dunes are gone. COMMISSIONER MAC'KIE: Yup. MR. HILLIARD: And Picture No. 3 is the same thing, just that it was from the north looking south instead, and if you had time to -- I spent hours looking at these stupid pictures, and they're really revealing. They tell you a great deal. If there was any way for you- all to look at them and my very quick time allowed, but I'd like to mention some of your beach -- significant part of your beach I'm advised is lying offshore, and mother nature given time will bring a part of that beach back, probably as much as half. I get that from Dr. Staiger and Bob Crawford. Okay. Now, for a 9th grade geometry course, if you'll bear with me and if you've got a piece of scratch paper. Your current beach is 20 to 30 foot of high tide. The -- at low tide you have 60 to 80 feet of Page 114 October 9, 2001 beach at low tide. Now, if you wanted to put 2 vertical foot of sand on 70 foot of current beach at low tide, that would amount to 140 cubic foot of sand, and you can force me to go back through it, I'll be glad to. Then you're going to -- if you put 2 foot of sand on your beach, you're going to push your beach out another 40 feet. So that takes another 80 cubic foot of sand. And, finally, God won't allow you to build a beach like this. You've got to put a toll on it toward the beach. That's going to take another 60 cubic feet. Adds up to 280 cubic foot of sand divided by 27, 10-plus cubic yards of sand per lineal foot; that's the 400,000 yards you're talking about is 10 cubic yards. Now, that's great for me if I'm walking your beach. I'm really delighted you put 2 foot of sand on your beach. But you understand you didn't put any storm protection there, and that's why we got wiped out so bad, because there was no storm protection. In order to provide any serious storm protection, you need a minimum of 4 vertical foot of sand at the high tide mark. When you go from 2 foot to 4 foot, you don't double. You have to go 2 1/2 times, so now you need 25 cubic yards of sand per lineal foot. That will push your beach up and out and provide some real storm protection, and it'll also help in aiding the restoration of the dunes. So if you want to ask me questions about that arithmetic, I'll be glad to do it, but my time's up. I may be rushed a little bit, I intended to-- CHAIRMAN CARTER: I don't think we have any questions, sir. Thank you very much. Next speaker, please. MR. KELLY: May I speak with this to show a couple things? CHAIRMAN CARTER: You can -- if you want to put it on the visualizer, sir, you may speak-- you may speak from that side. MR. KELLY: My name is Colin Kelly with Parker Beach Restoration, and I'd like to say that this county commission earns its Page 115 October 9, 2001 money. This is tough work that you do, and I was at the TDC meeting yesterday -- last night, and Commissioner Carter's comments at yesterday's tourist development committee meeting were very appropriate. To paraphrase -- if you don't mind me, Commissioner Carter -- he says that we need to deal with the DEP on issues of expediting emergency permitting with an iron fist covered with a velvet glove. And I think that was well said, because Collier County needs to get their beaches back in shape. This attitude follows legislative action that has already been made law. And with that I'd like to show you a letter that was written by Senator Charlie Clary, which is the chairperson of the Appropriations Committee for the Senate and Paula -- Representative Paula Dockery, which is the chairperson for the Appropriations Committee for the House of Representatives passed legislation this year just as it was signed by -- off by Governor Jeb Bush. You have a copy of this letter. But, essentially, this letter says that they sit a line item separate on the budget for new and innovative technology for beach restoration, and to meet this definition it has to be post or pre- pumping and dredging. Well, Collier County certainly meets post pumping and dredging, as we all know. The fact that in this letter, which is very pointed to David Struhs, which is secretary of the DEP, directed them to spend this money for beach erosion. Now, Collier County certainly qualifies for this. Never -- very seldom -- thanks to Mr. Mudd we're able to get some FEMA dollars, one of the first times, but we seldom ever get any state money. Now, here's an opportunity that -- that the City of Destin had an opportunity to see the sand web system at work. And as you can see this is the sand web system essentially, although it was done by a competitor of ours, showing a six foot five plus -- distension, and one month later this is me standing at that same spot. Page 116 October 9, 2001 We've seen pictures of these before. Bill Parker's shown this to us in Collier County. Now -- now they understand it. They also happened to witness where they had a seawall with no beach at all at high tide, and this is after one month. They had a nice wide natural beach. So Destin with that understanding has helped take the battle up and has applied for the sand web system using this special appropriated money. Now, it says the -- Senator Clary supported Parker representatives who said state money would be available from the state, although Department of Environmental Protection officials had told city officials that budget legislation barred funding for unproven technologies. Senator Clary said part of our legislative intent was to look at the net system or potentially any others that came along, said Clary a co-author of the budget. Essentially what we've got here is the DEP that the legislators, the people that make the law, said, "We're not going to be directed and told how we -- our intent of the law." So if there has to be a legislative clarification, they're certainly willing to go back to the DEP and say, "This is the money that we intended for this to happen." I encourage Collier County, if you're going to deplete your TDC fund money, that you can apply for a million dollars of this funding simply because -- and you've already got the permitting in process that we're doing the experiment in November. You can extend that permitting process. You can have your staff apply for this funding. The worst thing could happen is you hear no. And I don't think anyone on this council is afraid of hearing no. But we believe and Senator Clary believes and Paula -- Representative Paula Dockery believes that this funding will be handed down for such situations in Collier County. That would put up to a million dollars back in the coffers of the Tourist Development Page 117 October 9, 2001 Committee's money and give you some -- some alternatives rather than depleting it down to $700. I would encourage the county -- Collier County to apply -- to apply for an extension of the permitting that's already taken place on the sand web system and apply for $1 million of this funding. Thank you very much for your time. CHAIRMAN CARTER: Okay. Thank you, sir. Any other speakers? MR. MUDD: Commissioners, just so you know, in case you've -- if you've forgotten, just to give you -- bring you up to speed, there is a Parker Sand Web System that we're doing in this year's TDC budget to the tune of $1.1 million, and I think that's what Mr. Kelly was alluding to. First of all, we have permits for that process and as soon as we get out of here -- and he brought up some good points, and last night he gave us some insight onto -- into the state coffers where there might be some dollars that we can get ahold of. We're going to take and ask FDEP to fund that project that we've got the permits for that we're in process of implementing here within the next month or so. It starts on November 2, and that's in the areas below what we don't have permits for the maintained beach in Naples, the south side of the pier. So we'll try to get $1.1 million, and we'll try to get as much money from them as we can out of this special fund and -- and use Mr. Kelly's Parker Web System as much as we can in the future. I think it has great potential and basically control structures to try to keep the sand where it's supposed to be instead of having it migrate down the beach and out into the sea. One of the other things the first gentleman alluded to is we got to start thinking about some training structures for hurricanes, and we've talked before and I've talked to several members of the board before about artificial reefs, and there was an artificial reef project in Page 118 October 9, 2001 the consent agenda today. That's a great way to get at some of mother nature before it brings it's wrath to the beach in a storm event. The barrier islands down there in Marco Island, we're going to get engineering done this year, and we've -- and hopefully you'll approve to slip the construction, which wouldn't start this year, to next year is a way to take some of that peak off of mother nature's wrath during a storm and to preserve that beach. And we're going to look at more and more of those type training structures to see if we can't help our beaches out in the future. CHAIRMAN CARTER: I appreciate all your comments, Mr. Mudd, and I know you're going to do everything you can. Under the current fiscal challenges of the State of Florida, we'll go after it, but I wouldn't hold my breath because of the shortfalls. And -- but that may be a way to go after them, and maybe there can be help coming down from the federal level that will work into this. And since Representative Dockerty, who controls appropriations, and the senator on the other side of the legislative body, when those people support something, at least we have a fighting chance. So I think it's well worth the effort to go after it, but I'm not overly optimistic because of the financial situation in the State of Florida. Commissioner Fiala. COMMISSIONER FIALA: Just a fast question with the Parker nets. Been reading about them for years and years and so forth. I noticed in your pictures they were all along the beach. When you use the Parker Net System to recover sand, do you just leave them up forever or-- MR. MUDD: No, ma'am. They can go in for -- they go in for a period of time. You still have the same limitations with Parker Web down here for turtle season as we do for any other sand renourishment project, so they'll start in November, stay up through part of the high tourist season, and then-- and then we'll take a look Page 119 October 9, 2001 and see how well they did. Part of that project that's going in in Naples is a pilot test program too. COMMISSIONER FIALA: Where is it? I'd like to go see it. MR. WEIGEL: 18th Avenue South. Four blocks, just south of the pier, about four blocks. CHAIRMAN CARTER: I'm sure there's plenty of people who'll give you a tour, including Bill Bigas. MR. MUDD: And what we're going to do, ma'am, when you -- when you look at the plan to do the renourishment, we're not going to lay any truck renourished sand south of the Naples Pier because of Sand Web project, and the city council voted to do that Sand Web, so there'll be a buffer between where we -- where we actually bring upland sand and deposit it and the sand web system that's now. CHAIRMAN CARTER: By the way, citizen Bill Bigas spoke in favor of all of this last night in front of TV city. COMMISSIONER FIALA: I heard him. CHAIRMAN CARTER: He was very much supportive of this and, you know, that he has -- and some serious questions about what we've done in the past, but last night he was there supporting us 100 percent in this effort. So I commend him again publicly for helping US. COMMISSIONER COLETTA: I also would like to commend him, but I just got one request. If only he could send his e-mail instead of using all capital letters, it would be a lot easier to read. CHAIRMAN CARTER: Well, I'm sure he'll accommodate. Any questions? Can we entertain a motion? COMMISSIONER MAC'KIE: I had -- I think I made one already. COMMISSIONER HENNING: CHAIRMAN CARTER: right. Any further discussion? There's a motion and second. We have a motion and second. You're Hearing none, all in favor signify by Page 120 October 9, 2001 saying aye. (Unanimous response.) CHAIRMAN CARTER: (No response.) CHAIRMAN CARTER: Mudd, for your due diligence. COMMISSIONER FIALA: Opposed by the same sign. Motion carries. Thank you, Mr. Good presentation. Item # 1 OD SOUTH COUNTY WATER RECLAMATION FACILITY EXPANSION, PROJECT 73949 - APPROVED CHAIRMAN CARTER: Now that would bring us to the item that everybody's been holding their breath on waiting to discuss, so let's go to that item and that is construction of South Water Reclamation facility expansion project 73-949, Item D under county manager's report. That's D as in "David." MR. MUDD: Commissioners, I'm Jim Mudd, Deputy County Manager and old public utilities administrator. The -- we'll talk about the south county water reclamation facility expansion that you have on the regular agenda today. The reason we're here is we've got -- we've had a serious increase over -- CHAIRMAN CARTER: Mr. Mudd, before you continue, I've had a request from our recorder that she might just rest her magic fingers for five minutes, so could we do that? I'm sorry. I didn't catch your signal, ma'am. If we may, let's take a quick break. That's about five or six minutes, and then we'll come right back and do this item. Thank you. (Short break taken.) CHAIRMAN CARTER: Commissioners, we are a quorum and, Page 121 October 9, 2001 Mr. Mudd, will you proceed. MR. MUDD: Yes, sir. COMMISSIONER FIALA: Do we have a quorum2 CHAIRMAN CARTER: Commissioner Mac'Kie, if you would join us up here. Here comes along with Commissioner Coletta getting his energy food. COMMISSIONER FIALA: Remind me to bring the candy in. CHAIRMAN CARTER: Got to quit chewing that Red Man, but any how you'll be all right. MR. MUDD: Talk about the south county water reclamation facility expansion. We had a -- this is on the regular agenda, and the purpose -- and the purpose is -- is the objective that the Board of County Commissioners meet growing sewer service demand in the south sewer service area by amending contracts for engineering, inspection, construction services to construct an expansion to the south county water reclamation facility to increase capacity to 16 million gallons per day, which is the maximum month average day flow. What we'll try to do in this -- in this -- in this slide show is to show you our budget. Our 2002 budget is for $25 million. We base that budget on a series of plans that were at the 60 percent level, and some things have changed since the time that we put the budget together, and there's a $21 million difference, and I'm going to go through that difference with you so you can see where that came from. The 2002 budget was $25.4 million for this project. Pre-bid adjustments to that fee came in at 10.4 million, post-bid adjustments came in at 10.7 million for a total estimate of 46.5 million. The pre- bid adjustments -- to break down that 10.4 million, to increase factors of safety on the plant which was at 3.8 million. Operational enhancements we found that the plant that exists right now needs to have some substantial modifications to it to Page 122 October 9, 2001 enhance its capability to -- to meet the demand that we have from our present sewer customers. We have some good neighbor improvements. You've heard from the Lely-- the Royal Palms Golf and Lely Homeowners Association; they live around the plant project. I'm not too sure they disapprove of the project, but they certainly don't want to have to smell the project, and -- and they don't need to have an unsightly facility in their neighborhoods, and it's -- it's a pretty nice neighborhood. I've been there lots of times. And then we need to upgrade the power supply because what we've got right now doesn't -- doesn't stand present codes and needs to be upgraded. So pre-bid adjustments are 10.5 -- and I'm going to break down each one of those categories for you so that you can understand where those numbers come from. The factor of safety is $3.8 million. We get some high strength waste capacity down there. We're going to add to aeration basins. We're going to upsize our blowers, and we're going -- and we're going to put deeper clarifiers in there in order to handle it. And I was -- I was disturbed that -- that we were always getting about 25 percent more solids out of the south than we were in the north, and we were getting this, you know, compatible flows, and I've had my folks look and is that infiltration that's happened to our sewer systems up north. And then we had a conversation with our billing folks, and what's happening, there are a number of high-rises on the north end and -- and all of those high- rises have air conditioners, and all of those air conditioners in order to work they take the water out of the air, the humidity out of the air, and it-- and it becomes water, and the water goes down into the sewer system. So what I'm getting is I'm getting a lot more water coming into the sewer systems because of the high-rises. And so down south where we don't have high-rises we're just getting what people are sending out of their homes to us, single family and condos Page 123 October 9, 2001 and that issue, so I'm getting a lot more solids. So I'm getting a lot more concentrated organic load down south over the last five to ten years. We need to be able to handle that process and be able to treat it when we get it so that we don't have what happened in April to us when the plant got close to capacity, we had -- we had a couple of times when odors were released because the plant was right on the boundary of good operation, and we were worried that we were going to have an overflow, which we didn't have in the south side. But those deeper clarifiers, the aeration basins all help us in that process. It adds stability and reliability for the neighborhood compatibility. Operational enhancements, flow equalization tank No. 2, when we bring in this -- we're building flow equalization tank right now for this high season. As we put in that 8 million, it's going to need another 1.25 million gallon equalization tank so when you get the high flows it can go there so the plant's not handling peak and then as the peaks go down during the evening hours you can start drawing down your equalization tanks, and then you can keep the plant on an even keel. Modifying existing piping, modifying existing electrical, and we're going to put an Allen Feed which is the chemical coagulant system, and automated Allen Feed System into that plant. During the high season this last time, we had to come in temporary with different trucks, and it was -- it wasn't very scientific, I'll tell you that, but it did the purpose. But in order to have a bigger plant and work that process, and Allen makes the sludge settle faster so you can handle more of it when you get it during the peak season, and that's where that 3.1 million comes from. Good neighbors. Odor control, we're covering our aeration basins because that's where a significant part of the odors come from. There is a dedicated scrubber at the preliminary treatment side. That's at the head works. The head works reek. Okay? Flat out. Page 124 October 9, 2001 You get to the head works, it's the nastiest part of the plant. It's the one where you have a tough time holding whatever you ate four hours ago. COMMISSIONER MAC'KIE: The thing about Mr. Mudd is he just -- he doesn't tell you exactly the truth. CHAIRMAN CARTER: He always holds back a little bit. COMMISSIONER MAC'KIE: "It reeks." Oh, okay. That's clear. MR. MUDD: So you need a dedicated scrubber at the head works, and we don't have a dedicated scrubber at the head works on the south plant like we do on the north plant, and this is -- and this to help so we don't have any burps from the plant in that process. CHAIRMAN CARTER: Actually, that's a situation where birds going south in migration turnaround and go north if they fly over that. MR. MUDD: Yes, sir. Upgrade to scrubber on the sludge holding tanks, that's -- that's the appropriate thing, and that's what some of Dudley Chisolm and Mr. Matson had -- had talked about prior in order to make that go over. We're going to move the entrance road, so we're going to take it out on Wildflower. We're going to cut it a little bit farther in so we're not near those homes that sit right there. We're going to close the -- the Warner Road entrance. We're going to put trees there, increase the parking spaces so more people can use the ballfield across the street, and they don't have to park, and that can be kind of a nice little neighborhood park in that process. And we're going to make sure this is the last expansion to the south plant. Power supply, we need to upsize the main power feed cables. We need to improve the reliability of twin generators instead of one larger generator. We need some redundancy, and we need to upsize the building for the two generator fix. Page 125 October 9, 2001 Post bid negotiations, initial came in at $39.6 million. We were -- we were able to through negotiations move some things, change them, not do some items. We were doing a little -- we'd win on one and lose on the other, but the delta there was about $700,000 to our favor, and while we were doing that we were able to grab six months on the construction schedule, so it would come in at 25 months which would be in keeping with the consent order that we had from the Florida Department of Environmental Protection. COMMISSIONER MAC'KIE: That's a good thing. MR. MUDD: Post-bid adjustments, owner contingencies. There's 10 percent in this contract for contingencies. Okay. It's not money. It set there. It sits there based on the negotiations we've done with the contractor, with Montgomery Watson, his -- their subs. There shouldn't be any overruns in this one. I think we've got them all covered in this bid, but the $4.2 million is a contingency that sits out there in the fund, and if it's not used on the project, it goes back into the reserves. Higher subcontractor bids because of the risks attributed to uncertain site conditions, critical schedule lost, or local construction market conditions, we came in $3.9 million higher than we thought with the subs. We had two subs drop out because of all the work that they had in the local areas, so youtre running out of people to do the jobs. CHAIRMAN CARTER: Any questions? MR. MUDD: Owner site rep. We've got a representative from Montgomery Watson -- excuse me. Hole -- Hole Montes -- Montgomery Watson -- Hole Montes in for Malcolm Pernie, and I can bring it back, but it was $1.8 million. The Montgomery -- excuse me -- the Malcolm Pernie piece of that is a little over $1 million. They are also in that $1 million going to do some value engineering for us. They are also going to take a look at the final design to make Page 126 October 9, 2001 sure it's correct for us in that process. I wanted -- I wanted another set of eyes on the design. I want another set of eyes representing us on -- on the site to make sure that this project goes according to schedule and on budget and we don't have any overruns as far as dollars are concerned and time is concerned. And that's -- and we don't have a construction inspection section in public utilities engineering. And, Commissioner Henning, last -- but we could have two positions -- three positions total in our budget this year to establish that section. We -- we haven't started the hiring process yet, but we're getting all the job directions ready. COMMISSIONER HENNING: Thank you. Malcolm Pernie, how did that -- we come to the decision that they're going to be the overseer of the project? MR. MUDD: Sir, we have six utility contracts that are standing right now. Standing -- I call them indefinite delivery, indefinite quantity contracts. We -- we use those engineering firms that the limit on those contracts are $3 million each, and they're multi-year contracts. We try to level the work between those six contractors. COMMISSIONER HENNING: Okay. MR. MUDD: One of the reasons -- one of the reasons we went to Montgomery Watson in this particular -- Malcolm Pernie in this particular case is the fact that they don't have a private interest. They only work on the -- on the public sector side of the house. They don't -- they don't -- their AE firm isn't used by -- by private contractors and that process in order to design a project for them where you'd get into a conflict of interest. COMMISSIONER HENNING: Okay. Thank you. CHAIRMAN CARTER: Commissioner Fiala. COMMISSIONER FIALA: Thank you, Mr. Mudd. I know months and months ago when you and I attended Lely Homeowners Page 127 October 9, 2001 Association meeting and the room was packed, you gave them your presentation, and there was a lot of objections in the room. But I see no one here today, so does that mean that you've been meeting with them, you've met their objections -- MR. MUDD: Ma'am, we're -- we're doing everything we can in that process. What I -- they asked for a couple of things at the -- at the sludge holding in the final -- in the final pressing of the sludge to cover that facility. We're doing some adjustments to the facility mechanically-wise and chemical-wise. I'd like to make sure that works before I have to go in there and completely surround that facility and then work scrubbers on the top. And we're going to work with them in that process. That's -- that's about the only difference we had between what Mr. Matson and Mr. Dudley Chisolm had presented. The other issue that they brought up was stormwater, and it was a separate project. We've got John Boldt working with them in that project to make that happen, but that's just bigger than this facility. It has the whole neighborhood, and if that storm event we had just two weeks ago where we got that eight inches of rain, I spent a lot of time looking at the drainage district, the stormwater collection out there. It does definitely need to have a project. COMMISSIONER FIALA: Yes, it sure does. Well, I'm glad you've been meeting with the people because this could have been a very contentious meeting, and instead it's just factual. Thank you. CHAIRMAN CARTER: Any other questions by commissioners? COMMISSIONER HENNING: Comment. I -- I don't see any way that we can get out of this obligation. I'm glad that we are going to be good neighbors to the community by some added things to help with their quality of life. I would hope that -- well, my wishes was that we had more options. In this case we don't. We are under a Page 128 October 9, 2001 consent order, so if there's no more discussion, I'm ready to make a motion. MR. MUDD: Commissioner, I want to just go to that point. I briefed every one of the commissioners on draft wastewater master plan already and will present that officially to the board and to the public on the 27th of November with the water and with reclaimed water, so it will be a complete package so that we won't piecemeal it, and you'll get a picture of the whole process along with rates, impacts fees, and everything else that pertains to that process. But in that wastewater master plan there are an additional three sites that we need to go out there and get as far as site development is concerned, land procurement permits and to start building. And the first that we've started already with an appraisal is out there on Orangetree, because that plant's in a little bit of trouble. It's been -- it's been right on the verge of failure several times, and we're still trucking -- they're still trucking their sewage to our north plant, and they started that up again about a month ago. So they're basically on the edge. We're going to need to do something. One of the things that Commissioner Henning is trying to get at is to make sure when we do those plant sitings that we do it with some vegetative screening around it and try to get it away from the neighborhoods. Okay? And if the neighborhoods develop after it that they know that that plant is there, and then we can -- we'll work the good-neighbor piece, but everybody knows the situation that they're in. On vegetative screening is to get some trees to buffer you from the neighbors so that you can start working on some of the odors, the sound and the visual processes that you have with the plant of that size. CHAIRMAN CARTER: Any other questions or comments? Ready to entertain a motion. Page 129 October 9, 2001 COMMISSIONER HENNING: Move to approve staff's recommendations. CHAIRMAN CARTER: I have a motion by Commissioner Henning. COMMISSIONER FIALA: Second. CHAIRMAN CARTER: I have a second by Commissioner Fiala. Any discussion? All in favor signify by saying aye. (Unanimous response.) CHAIRMAN CARTER: Opposed by the same sign. (No response.) CHAIRMAN CARTER: Motion carries 5-0. Thank you, Mr. Mudd. MR. MUDD: Thank you, sir. CHAIRMAN CARTER: Thanks for killing the bug here. We've got animal life up here today. I don't know it is. Item #15 STAFF COMMUNICATIONS All right. That's going to take us to other -- to right down to staff and commission general communications. Any staff communications? MR MUDD: No, sir. CHAIRMAN CARTER: None. Now we go to commissioners. MR. WEIGEL: Commissioner, just for the record, on 8-C when the board was hearing the matter about the proposed storage facility and the reason it was placed on the record, Commissioner Henning mentioned "incompatibility," and you said, "lack of." And I want to make sure my note is correct and the reporter's note is correct. Lack of compatibility or incompatibility. I thought I heard the word "in," Page 130 October 9, 2001 and I wanted to make sure that we have either lack of compatibility or incompatibility as the restated -- he was restating essentially what Commissioner Henning had indicated for the board to endorse. CHAIRMAN CARTER: Well, it's not compatible -- compatible so it would be lack of compatibility. MR. WEIGEL: I wanted to make sure the note was correct for her so when the transcript comes out ultimately we'll have that clear. CHAIRMAN CARTER: I'm sure all the English experts will -- I will be getting e-mails. MR. WEIGEL: And, secondly, I again express my appreciation in regard to your review and discussion of our office today. And, of course, I'm not an island. I have very fine staff, and I know that they receive and respect the compliment you provided them, too, and will continue to work that way. From a housekeeping matter, I would presume that your motion and approval includes the appropriate budget amendments so we can process it now as opposed to a shortfall that would occur later on in the year -- at the end of the year. So if-- if you say nothing separate, I will just process that as part of the -- CHAIRMAN CARTER: Okay. Mr. Mudd, do you have anything from your office? MR. MUDD: You directed us as part of the Item 8-C, the Eagle Creek PUD south storage facility, to come back to the board to have the staff take a look at a way to survey residents in the local community to show support for a particular rezoning or reuse of a particular piece of land. We talked about a number of things from the dais here. A third-party agent which is a survey company, homeowners' associations, and we differentiate between is it really homeowner or is it developer sponsored and another is public participation in the Land Development Code cycle. And that's an item for discussion that you'll take on at a future time, but we're Page 131 October 9, 2001 going to go back and look at -- look at other alternatives and come back to you with a recommendation on that particular -- COMMISSIONER HENNING: Mr. Mudd, don't we have that discussion in the LDC cycle coming up Wednesday, that discussion about notification.9 MR. MUDD: In the public participation, yes, sir. COMMISSIONER HENNING: Yeah. And we could deal with that at that time. MR. MUDD: Yes, sir, but there's -- there's several issues. CHAIRMAN CARTER: This may or may not be in the cycle, but any time we review PUDs and we find out that there are exotics on the property, I would like to see those removed and dealt with, because it's an approved PUD. And as I understand, any PUD that's been approved has to remove all exotics as part of that process, so I want to make sure we stay on top of that whether it's homeowners' groups or whether it's the developer, whoever is responsible, got to keep them out of there, the exotics. Okay. Before we go to the rest of the comments by -- by the commissioners, I would like to take this opportunity to publicly congratulate Commissioner Mac'Kie for appointment by the governor to the position where she will be involved in acquiring lands for South Florida Water Management District, I believe. If that's correct and -- COMMISSIONER MAC'KIE: That's not a gubernatorial appointment but-- CHAIRMAN CARTER: It's a gubernatorial appointment. COMMISSIONER MAC'KIE: It's not. CHAIRMAN CARTER: And she has, you know, labored hard in the Vineyards here for seven years, and I certainly appreciate the opportunity I've had to work with her and I think our listening audience should know what a fine contributor she has been to the Page 132 October 9, 2001 Board of County Commissioners and to this county. And while I will miss you a great deal, I couldn't be happier for your personal success. COMMISSIONER MAC'KIE: Thank you so much, and I don't think this is going to be my last meeting, so I'm not prepared to say my goodbyes. CHAIRMAN CARTER: No. No. You'll have another time or two to do that, but before we have the big crying up here at the actual departure event, I just wanted to make that point. Commissioner Coletta. COMMISSIONER COLETTA: Yes. I do have a comment. I'd like to take this time to bring up the subject of the ongoing investigation by the State Attorney's Office and the past indiscretions of some former commissioners and staff. I believe that we need to inform the public that we are not passive observers as the legal process unfolds and the findings are made public knowledge. The county government has been cooperative with the ongoing investigation by supplying office space, office equipment, and phones. Records are being made available from current files and archive files as expediently as possible. I would hope that the Collier County Board of Commission would solidify the present comments by directing our chair, Dr. Carter, to draft and send a letter to the Florida Department of Law Enforcement irreversibly expressing our full support of the ongoing investigation and that we will act accordingly in a fair an expedient -- the fair and expedient discipline of all and any county employees who admit guilt or are found guilty by Florida State Statute and that all personnel that are indicted be suspended until charges are brought to a final decision. COMMISSIONER MAC'KIE: I certainly support you in that. I think that's already been the posture of this board, and putting, it in writing is a good thing. I -- I want to be careful that we don't get into Page 133 October 9, 2001 the personnel issues because we can go to jail if we tell the county manager what to do with his staff, and so I know you don't want to tread there either, but that's the only caution I would have is that we can only direct the county manager. He makes personnel decisions, but in every other aspect it's already been the posture of this board, and I couldn't agree more with putting it in writing. CHAIRMAN CARTER: I think your idea is excellent, Commissioner Coletta, and I would encourage that to be drafted and worked with Mr. Weigel on that issue, and if the board supports that, I have no problem with that. COMMISSIONER MAC'KIE: And if I may go out of order because that's just a perfect segue to my communication item. May I -- may I go next, Mr. Chairman? CHAIRMAN CARTER: Do you have anything else? COMMISSIONER COLETTA: No. CHAIRMAN CARTER: Yes, you may, Commissioner Mac'Kie. COMMISSIONER MAC'KIE: On the issue of credibility of Collier County government and the convicted felons -- felon who previously served on this board now has a radio show. I know that it is tempting for us in our desire to get public information out. Particularly with regard to the half-penny referendum, it may be tempting to use that forum of that particular radio show, but I wanted to bring it up for the board to consider giving direction to the county manager that he direct his staff not to appear on the radio show with a convicted felon, convicted for activities that took place while he was serving as a county commissioner. I don't think it serves us well as we try to rehabilitate our reputation with the public to be sitting with a man having a conversation as if all things are normal as if he we're not appalled by the actions that he's admittedly taken and has now been convicted of. Page 134 October 9, 2001 I think that's going to contribute to -- I think if we participate on that radio show, that particular show, certainly not the channel. There are wonderful qualified esteemed people who work for that radio show, that radio station. COMMISSIONER HENNING: I don't think this has anything to do -- COMMISSIONER MAC'KIE: If you don't mind, I'll finish my comments, and then I'm sure the Chairman will call on the rest of the board to get to respond. But my request was that the board ask the county manager to tell his staff that we do not feel it is appropriate for county staff members to participate on that radio show. That's my request. I'm sorry. CHAIRMAN CARTER: Comments from commissioners. COMMISSIONER HENNING: Well, first of all, during certain commissioners comments, I feel that some of the commissioners don't mind jumping in on other commissioners comments, but I think that directing staff to, you know, doing -- we need to get out the message on the appropriate radio station or television station that the people listen to, it's a informational, and I think that would be up to our staff to use whatever venue they can. It has nothing to do with a conviction of a former county commissioner. COMMISSIONER MAC'KIE: Just so I can be clear, what my reason -- COMMISSIONER HENNING: I heard what you said. COMMISSIONER MAC'KIE: If you don't mind, I'm going to say it again is that I think that as -- as county staff people sit and chat in a comfortable forum with a convicted felon, with a person who used his office to defraud the people he purported to represent, if there were a way to appear on that show and have some big disclaimer that, "We don't like you. We don't approve of what you did. We are not comfortable sitting here with you, nevertheless we're Page 135 October 9, 2001 trying to use this forum." That'd be one thing, but it's inappropriate when we're trying to rehabilitate the reputation of county commission -- of county government for us to be sitting and chatting with a felon. That's my -- and then I won't say it again. And I am going to say one more thing. I think this is -- this is a question that has come up from the ranks where people are concerned and are looking for direction from this county commission. CHAIRMAN CARTER: Commissioner Coletta. COMMISSIONER COLETTA: I have to agree with Commissioner Mac'Kie. You know, she made a very clear case. It's kind of hard to argue against that. I appeared on former Commissioner Constantine's show before he was indicted, and I think there's every reason in the world for myself not to appear there again, and I'll do so. COMMISSIONER MAC'KIE: Before he was convicted. COMMISSIONER COLETTA: I'd like to see if it's legally done if we can direct staff not to be there too. CHAIRMAN CARTER: I think it's very important the distinction you're making, Commissioner Coletta. Prior to his decision and the decision of the State's Attorney and the judicial process, several of us and I for one hosted the show this summer as a request, and I said I would continue to do public participation on regular shows as a part of my job. Now that this change of events, just want to make sure everybody understands that prior to none of us were discriminatory, if you please, in-- in appearing on anyone's show, but the changing conditions, what I hear Commissioner Mac'Kie says, she's recommending we no longer participate on that show as long as it's hosted by the gentleman in question and until that station makes a decision otherwise and/or they change their format. COMMISSIONER MAC'KIE: We could -- we could be on every other show. It's the fact that he is convicted for a felony Page 136 October 9, 2001 associated with his work in county government and that -- if we just sit and chat with him like everything's normal, that's not going to do much to develop public confidence. COMMISSIONER COLETTA: You're right, Commissioner Mac'Kie. That's the reason for my comments today was to draw that line in the sand-- COMMISSIONER MAC'KIE: Exactly. COMMISSIONER COLETTA: -- that there is a difference now that this has taken place in the last couple of years, and personally I'd like to thank you for leading the charge early on. COMMISSIONER MAC'KIE: It was not a fun thing. Well, that sounds like three. CHAIRMAN CARTER: I'm looking for, is there -- do I have three nods? Okay. We have three to pursue that. Mr. Mudd, you and Mr. Weigel might want to draft that and bring it back to the board for review. Maybe it doesn't have to be -- I don't know how you want to do that, Mr. Mudd. COMMISSIONER MAC'KIE: They might not even have to bring it back. MR. WEIGEL: I don't think we have to bring that back. COMMISSIONER MAC'KIE: Uncomfortable discussion. I just felt like it had to be. CHAIRMAN CARTER: Okay. I understand and everybody might want to take a look at it before you send it out. Whatever you choose to do. All right. Anything else you would like to discuss? COMMISSIONER MAC'KIE: That's all I had. CHAIRMAN CARTER: All right, Commissioner Fiala. COMMISSIONER FIALA: I don't have anything to discuss, except I have a new grandbaby and she's beautiful. CHAIRMAN CARTER: Well, congratulations. Congratulations. I'm sure we'll get pictures. At least I saw that was Page 137 October 9, 2001 the one that was giggling on the internet. COMMISSIONER FIALA: Yes, you will. Thank you. CHAIRMAN CARTER: Commissioner Henning. COMMISSIONER HENNING: Yes. And I can see where my colleagues are, and there's not a problem with that. I just think we should not lose any opportunity to tell the board's side of the story on this referendum coming up in November. Now, if Tim Constantine doesn't have any listeners, he's not going to have a radio show. But I just feel that it's -- it's a way to reach out to the voters in Collier County. CHAIRMAN CARTER: I don't disagree with that, and I am on Frank Kinsman's show each Monday morning from 7:30 to 9. I'm also on Rich King's show usually from 4:30 to 6 on Mondays also, and I made myself available to both of those hosts to discuss any and all things that affects county's business. Rich goes a little beyond that, but that's fine. And as long as they invite me to be on the show, I always speak as a commissioner. I do not speak for the Board of County Commissioners, but I do -- have been given an opportunity when road referendum comes up to present our side of the story and to try to help people and make available to them materials that will assist them in making that decision. I mean, after all, we got some good things, and we're finding that once people understand the issue, an educated voter makes -- makes good decisions. COMMISSIONER MAC'KIE: I recommend the web site to people too. There's a lot of good information there. If you go to the colliergov.net, it'll lead you to information about the -- that you may be needing to weigh on your decision about how to vote on a half penny and some very, very clear very well laid-out information. COMMISSIONER FIALA: Well, going along with that when -- when Tom and Jim and I were running for office, one of the biggest Page 138 October 9, 2001 questions we were faced with no matter where we went to speak was, "What are you going to do about the roads?" And people were writing letters and so forth. So now we're going to take that giant step, and we've been-- we've been-- we've taken two other steps, and now this is the final step to make sure that we've answered what we said we were going to do all through the election. COMMISSIONER COLETTA: Exactly. CHAIRMAN CARTER: All right. I have several items, Commissioners. I'll go through these quickly. The first is there is a program that's going to be offered called Building Consensus Solution for Florida's Public Programs. This is Florida Conflict Resolution Consortium. I will circulate it. I have indicated that I will attend November 15th on mediation and facilitating, but there is ones on negotiating, resolving public dispute, facilitation. There's planning and managing public decision-making processes, and I would encourage anyone who would like to participate in that to do SO. God bless you, Commissioner, and before you continue to have an attack. I will speed this up. I will send this down the dais and you can -- COMMISSIONER MAC'KIE: Well -- and it just -- copies were just provided to us by Mr. Mudd. COMMISSIONER FIALA: How much is this? COMMISSIONER MAC'KIE: Can I just endorse this? I've done the mediation certification class with-- and can't endorse enough how you really learn some practical skills from the conflict resolution consortium. It's a great thing to bring to -- I may be there but in a different capacity. CHAIRMAN CARTER: Yes, ma'am. COMMISSIONER FIALA: Is it expensive? CHAIRMAN CARTER: I don't believe so. Page 139 October 9, 2001 COMMISSIONER MAC'KIE: You have a budget for it. COMMISSIONER FIALA: Oh, we do have a budget for this? CHAIRMAN CARTER: Chat with Ms. Filson, and she'll guide you and direct you on how to spend your money. COMMISSIONER FIALA: Oh, okay. Because I'm running out of my own money. We had an allocated amount my husband and I has set aside, and I'm getting -- CHAIRMAN CARTER: Well, I though you were running out of this year's budget, and I would say it is October 9 and you're done already? You're in trouble, lady. COMMISSIONER FIALA: No. This is our calendar year. CHAIRMAN CARTER: Okay. All right. COMMISSIONER MAC'KIE: I think it's $400. CHAIRMAN CARTER: Something like that. Okay. Next item I have is this is in regards to architectural and engineering, and I've had this conversation with Mr. Mudd. Estimators live and die in the construction industry by how well estimators come in on target. A&E does not seem to pay the same attention to that, and what I'm -- COMMISSIONER MAC'KIE: Architectural and engineering, is that the A&E? CHAIRMAN CARTER: Architectural and engineering firms, and so he is going to really work on these people that when you give us an estimate you better be close to where it needs to be, because we don't want to see it's here and it's 100 percent more when we get down the line. COMMISSIONER MAC'KIE: Sort of like today? CHAIRMAN CARTER: Yeah. Sort of like today is an example. So we're going to be much tougher in the future on that, but I think it's good for all of us to be aware there's a big difference between how construction firms operate and A&E firms operate. So he's going to go after that. At least I would suggest -- Page 140 October 9, 2001 MR. MUDD: Sir, we're going to draft -- we're going to draft an amendment clause in every one of the contracts that basically tells them that if their estimate exceeds 115 percent of their estimate, you know, if it's 15 percent over their estimate, then they're going to pay a fine. They got to get closer. They're not paying any attention to the building conditions, the economic conditions that we're going through right now with Collier County with the growth, and I got to -- I got to be honest with you, the estimates have been real sloppy that we've been getting lately. And I'm not the only one. Norm Feder's suffering through this too. COMMISSIONER MAC'KIE: Very good. CHAIRMAN CARTER: This is what we expect out of top management is they catch these things and really go for it, and I'm very appreciative of that effort. Also want to announce that Clarence Tears, the gentleman who is in charge of the Big Cypress Basin, is now in Saudi Arabia. He is a reservist, and he's been called up, so he is there. I know that just adds another opportunity for us and challenge in the county, but we certainly God speed to him and bless him and God may keep him in His safety while he is over there serving our country. So we don't want to forget him, and if you want to e-mail him, I'm sure there's a way to reach him in the desert. COMMISSIONER COLETTA: I just received an e-mail the other day. CHAIRMAN CARTER: Okay. COMMISSIONER MAC'KIE: Would you share that with the rest of us. I'd very much like to send him a note. COMMISSIONER COLETTA: He's eating very well, lobster and steak. CHAIRMAN CARTER: Yeah. That'll last until the Army food catches up to him, and then he'll be back to a more interesting menu. Page 141 October 9, 2001 The last thing I have and perhaps the most important that we will have to be considering is I spent Wednesday, Thursday, and Friday in Orlando with Florida Association of Counties Board and other commissioners discussing the financial crisis that faces the State of Florida. We know right now conservatively the state will -- probably is looking at a 1.4 billion shortfall, and that is in this fiscal year for the state that started July 1 through June 30. They haven't even seen -- started next year's legislative process, and we don't know what they're going to do. However, you have to keep in mind they're on different budget cycles than we are. Second thing we concluded is state legislatures do not understand the county budgetary process. They don't understand it. Only a few who are former commissioners that are there may understand it. The rest of them, frankly, don't get it. So we are going to the bargaining table with the legislative groups not in an adversarial role but one, as I said earlier, with an iron fist with a velvet glove. We will participate, and we will discuss, but we are not going to become victims of cost shifting which go downward to the counties in which we don't have the funds to pay for it; state's off the hook while we're holding the bag. And you know that we have very limited income streams, and that always gets down to things like ad valorem taxes. We have prepared-- that group has prepared the untouchables list of which I have given to Mike Smykowski and the executive staff. We will be reviewing all of these to find out which of these areas would affect Collier County and how we would be affected. We are going to send to them and tell the FAC, "Here are the areas of our greatest concern. Here are examples on how it would negatively affect us, and these are the actions that we support FAC's board in negotiating with the legislatures." Anything that's been there that was approved early -- and an Page 142 October 9, 2001 example was, transportation, we had a $3 million grant that was supposed to get that has been pulled back. They have withdrawn that. So any monies that were there that you think you might get may well not be there. Second message coming out of these agencies is before you spend you better figure out whether it's there, because if we have to spend and then get reimbursement, we need to double- check every time we do something. So it is not a pretty picture, but it is one that we have to deal with and as best and ably as we can. Now, is there any hope in all of this? Well, there's always hope because we do have two funds in the state. We have-a rainy day fund of about $5 million, but that has to be paid back within five years. You can borrow from it, essentially, but you can't keep it. You've got to return it. There is another $500 million -- I'm sorry. There's another $200 million fund that could be used in this process, but it's a one-time shot, so it's my conclusion coming out of that meeting with other commissioners that we really got a challenge in front of us. We got to do everything that we can to work with the legislators to make sure we don't become victims of cost shifting. Number two, the thing that went on the table and I think is the most positive and we mentioned a couple times this morning is that we're going to encourage the legislature to review the operating agencies and look at all the rules and regs that we have to operate under in the permitting process. And there are some horror stories out there where projects can be delayed 18 months, 2 years because some bureaucrat from some agency under Ordinance No. 29, paragraph 3, dot ! says you didn't do a study on this. And some of it is just absolutely ridiculous. So we're going say to the legislators, "You get the state government to clean up their act, fast track streamline some of these agencies in terms of permitting, that's an enormous savings to counties." So we are coming not with ain't it awful, but we're coming with Page 143 October 9, 2001 solutions to the problem. So it was a very productive meeting. Norman Feder and myself and Dawn Wolfe will be back in Orlando this Friday talking to go TOPS which is the group that has the money that was originally going to be spent on high-speed rail. Last year Lee County got a good chunk of money out of that. I don't know how much is there, but we're going to go in there with our staff, our elected official, and myself, and plus others to really make the pitch to that group. And showing up in numbers and saying this is what you want is far more effective than anything else you can do. So it's a continuing effort on commissioners, and I know Commissioner Coletta has been involved with me working at the regional and state level to get done what needs to be done to protect this county. So it may not be all good news, folks, but we sure got the challenges out there, and we will work due diligence to get the job done. Thank you for your patience. That's the update. Remember, we have the association state meeting in November, and if you haven't made reservations, you haven't made the opportunity to be there, that's the second time you will have an opportunity to work as body politic at the state level to encourage FAC and the final agenda that will go to legislators. COMMISSIONER HENNING: Motion to adjourn. CHAIRMAN CARTER: I have a motion to adjourn. Is there a second? COMMISSIONER MAC'KIE: That's up to you. CHAIRMAN CARTER: Okay. All set. All approved. We're all set. We're out of here. Thank you very much. God bless America. ***** Commissioner Mac'Kie moved, seconded by Commissioner Henning and carried unanimously, that the following items under the Page 144 October 9, 2001 Consent Agenda and/or Summary Agenda be approved and/or adopted: ***** Item #16Al STAFF TO BE UTILIZED AS A RESOURCE TO ASSIST THE WEED AND SEED PROGRAM IN IMMOKALEE Item # 16A2 RECORDING OF THE FINAL PLAT OF "IBIS COVE, PHASE ONE-A" Item #16A3 - Moved to Item # 10G Item #16A4 AGREEMENT TO ACCEPT AN ARTIFICIAL REEF GRANT FROM THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION Item #16A5 RESOLUTIONS 2001-379 THROUGH 2001-386 ENFORCING LIENS ON PROPERTIES FOR CODE VIOLATIONS AS OUTLINED IN THE EXECUTIVE SUMMARY Item # 16A6 Page 145 October 9, 2001 60-DAY EXTENSION OF THE 2001 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE TOURISM ALLIANCE OF COLLIER COUNTY Item # 16B 1 RESOLUTION 2001-387 AUTHORIZING THE APPLICATION AND EXECUTION OF THE FY 2001 SECTION 5307 GRANT APPLICATION WITH THE FEDERAL TRANSIT ADMINISTRATION (FTA) Item #16B2 TWO ANNUAL BIDS, #01-3251 (CONCRETE AND METAL CULVERT PIPE) AND #01-3256 (ASPHALT AND RELATED ITEMS) FOR FISCAL YEAR 2001/2002 - AWARDED AS CONTAINED IN TIlE EXECUTIVE SUMMARY Item #16B3 FACILITIES RELOCATION AGREEMENT WITH FLORIDA POWER AND LIGHT COMPANY TO RELOCATE AND RECONFIGURE POWER POLES ON GOODLETTE-FRANK ROAD BETWEEN PINE RIDGE ROAD AND VANDERBILT BEACH ROAD TO FACILITATE THE ROAD-WIDENING PROJECT, PROJECT NO. 60134 - IN THE AMOUNT OF $961,152 Item # 16B4 RESOLUTION 2001-388 APPROVING, AS SERVING A VALID PUBLIC PURPOSE, THE EXPENDITURE OF COUNTY FUNDS Page 146 October 9, 2001 FOR EXPENDITURES INCURRED AT THE AUGUST 30, 2001 RIBBON CUTTING AND GROUNDBREAKING CEREMONY OF LIVINGSTON ROAD, PHASE I Item #16B5 LANDSCAPE MAINTENANCE AGREEMENT AMONG THE ESTUARY AT GREY OAKS AND THE ESTUARY PROPERTY OWNERS' ASSOCIATION, THE CITY OF NAPLES AND COLLIER COUNTY Item #16B6 BID #01-3281, "BAYSHORE-AVALON BEAUTIFICATION MUNICIPAL SERVICES TAXING UNIT (MSTU) ROADWAY GROUNDS MAINTENANCE"- AWARDED TO COMMERCIAL LAND MAINTENANCE, INC. Item #16B7 RFP 01-3234 "BUS STOP SHELTERS" FOR IMMOKALEE CIRCULATOR AND COLLIER AREA TRANSIT (CAT) - AWARDED TO BRASCO INTERNATIONAL Item #16B8 - Moved to Item #1 OF Item # 16C 1 PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH WATER RESOURCE SOLUTIONS, INC., FOR THE Page 147 October 9, 2001 NORTH COUNTY WATER RECLAMATION FACILITY DEEP INJECTION WELL, RFP 00-3122, PROJECT 73948 Item # 16C2 COMMITTEE SELECTION OF FIRMS FOR CONTRACT #01- 3271 "PROFESSIONAL ENGINEERING SERVICES FOR COASTAL ZONE MANAGEMENT PROJECTS"- AWARDED TO COASTAL PLANNING & ENGINEERING, BOCA RATON, FL.; HUMISTON & MOORE ENGINEERS, NAPLES, FL.; AND TAYLOR ENGINEERING, JACKSONVILLE, FL. Item #16C3 - Deleted Item # 16C4 RESOLUTION 2001-389 SUPPORTING IMPLEMENTATION OF AQUIFER STORAGE AND RECOVERY TECHNOLOGIES TO PROTECT THE ENVIRONMENT AND PUBLIC WATER SUPPLIES Item #16C5 - Deleted Item # 16C6 INTERLOCAL AGREEMENT BETWEEN THE PROPERTY APPRAISER AND THE BOARD OF COUNTY COMMISSIONERS FOR USE OF THE GEOGRAPHICAL INFORMATION SYSTEM (GIS) DIGITAL DATA AND TOPOGRAPHY ACQUIRED BY THE PROPERTY APPRAISER Page 148 October 9, 2001 IN FY-2000 Item # 16D 1 PRESENTATION OF THE ANNUAL 2001 REPORT OF THE COLLIER COUNTY FILM COMMISSION Item #16D2 BID #01-3250, PORTABLE TOILET RENTALS - AWARDED TO J. W. CRAFT, INC. AND WASTE MANAGEMENT OF COLLIER COUNTY, INC., ON A PRIMARY/SECONDARY BASIS Item #16D3 BID #01-3252 FOR THE PURCHASE OF TURF USED BY COLLIER COUNTY- AWARDED TO LEO'S SOD; HOME DEPOT; AND GOLDEN GATE NURSERY AND SOD Item #16E 1 APPROVE A BUDGET AMENDMENT TO APPROPRIATE THE MAINTENANCE SERVICE REVENUES FOR REIMBURSEMENT OF OPERATING EXPENSES Item # 16E2 RESOLUTION 2001-390 CONVEYING A CONSERVATION EASEMENT TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT REQUIRED FOR THE CONSTRUCTION OF THE COLLIER COUNTY ANIMAL SHELTER Page 149 October 9, 2001 Item # 16E3 STAFF AUTHORIZED TO REJECT BIDS FOR 01-3268, CHARTER BUS SERVICE AND RE-BID Item #16E4 ADDITIONAL THIRTY (30) DAY EXTENSION OF CONTRACT #97-2671, OFFICE SUPPLIES - WITH MARCO OFFICE SUPPLY Item # 16E5 NEOPOST MAIL EQUIPMENT DECLARED AS SURPLUS AND THE SALE OF EQUIPMENT AUTHORIZED TO MAIL BARCOD1NG SERVICES OF SWFL, INC. - IN THE AMOUNT OF $9,000 Item #16E6 BID #01-3259, IRRIGATION PARTS AND RELATED ITEMS - AWARDED TO BOYNTON PUMP AND IRRIGATION, FERGUSON UNDERGROUND, MELROSE SUPPLY, AND CENTURY RAIN AID ACCORDING TO THE EXECUTIVE SUMMARY Item # 16E7 BID NO. 01-3260, HERBICIDES/PESTICIDES/FUNGICIDES TO A VARIETY OF BIDDERS- AWARDED AS CONTAINED IN Page 150 October 9, 2001 THE EXECUTIVE SUMMARY Item #16E8 BID NO. 01-3273 - AWARDED TO TRUEGREEN LANDCARE, INC., FOR GROUNDS MAINTENANCE FOR MAIN GOVERNMENT COMPLEX Item #16E9 BID NO. 01-3274- AWARDED TO COMMERCIAL LAND MAINTENANCE INC., FOR GROUNDS MAINTENANCE FOR SATELLITE FACILITIES Item # 16F 1 RESOLUTION 2001-391 APPROVING AN EMERGENCY MEDICAL SERVICES (EMS) COUNTY GRANT APPLICATION AND COUNTY GRANT DISTRIBUTION FORM AND CERTIFYING THAT THE GRANT MONIES WILL NOT BE USED TO SUPPLANT THE EXISTING EMERGENCY MEDICAL SERVICES BUDGET Item # 16G 1 PAYMENT OF INVOICES FOR SERVICES PERTAINING TO ELECTION REQUIREMENTS AND TOWN HALL MEETING FOR THE PELICAN BAY SERVICES DISTRICT, ORDINANCE NO. 2000-82 - AUTHORIZED IN THE AMOUNT OF $8,515.40 Item # 16G2 Page 151 October 9, 2001 BUDGET AMENDMENT RESOLUTION 2001-03 APPROVING AMENDMENTS TO THE FISCAL YEAR 2000-01 ADOPTED BUDGET Item #16G3 APPROVAL OF BUDGET AMENDMENT REPORT- BUDGET AMENDMENT #01-524 Item # 16J 1 SATISFACTION OF LIENS FOR SERVICES OF THE PUBLIC DEFENDER Item #16J2 MISCELLANEOUS CORRESPONDENCE- FILED AND/OR REFERRED The following miscellaneous correspondence has been filed and/or referred to the various departments as indicated: Page 152 FOR BOARD ACTION: 1. BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE October 9, 2001 Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos.: 90-2783-MMA, 86-675-CFA, 84-2979-TM, 84-3430-TM, 95-2179-CFA, 88-1781-MM, 88-2004-TMC, 89-2211-MM, 89-2905-TMC, 87-3796-TMC, 96-6987-MMA, 91-292-MM, 90-5008-MM, 89-6788- TM, 90-2945-TM, 89-1390 CFA, 89-3285-MMA, 97-1485-CFA, 91-887-CFB, 90-4733- TM, 84-1046-TM and 94-1099-CJA; RECOMMEND APPROVAL. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: 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. September 5, 2001- through September 11, 2001. 2. September 12, 2001- through September 18, 2001. Districts: A. North Naples Fire Control & Rescue District - Proposed budget for FY 2001/2002, districts maps, Districts Facilities' reports, registered agent form, schedule of regular board meetings. Bo Pelican Marsh Community Development District -Notice of Public Meetings Scheduled for Fiscal year 2001-2002, District Map. C. Heritage Greens Community Development District - Notice of Public Meetings ~ scheduled for FY 2001-2002, District Map. Do Big Corkscrew Island Fire Control and Rescue District - 5 year plan, Audited Financial Statements through September 30,2000. Mediterra South Community Development District - Public meeting schedule and District Map. Fo H:Data/Format Naples Heritage Community Development District - Meeting dates for FY 2002, District Maps, Notice of Meetings scheduled for Naples Heritage Community. Development District. P~'1isc. C°rres: Item# Copies To: AGENDA ITEM No. 0 C T u 9 p~. / 4. Minutes: Ao Bo Golden Gate Beautification Advisory Committee - Agenda for September 11, 2001, and Minutes of August 14, 2001. Co Collier County Airport Authority - Agenda for Sept 10, 2001, and Minutes of August 13, 2001. Do Pelican Bay MSTBU Advisory Committee -Agenda of September 5, 2001, Minutes of August 1,2001, Budget-In-Brief FY 2001, Pelican Bay Services Division FY 2002. Eo Rural Fringe Assessment Area Oversight Committee - Meeting Notice of August 29, 2001, Agenda for August 29, 2001, Minutes of August 8, 2001. Fo Collier County Library Advisory Board - Agenda of August 29, 2001, Minutes of June 27, 2001, Director's Report of August 23, 2001. Environmental Advisory Council - Agenda for September 5, 2001, Minutes of August 7, 2001. G. Rural Lands Assessment Area Oversight Committee - Minutes for June 18, 2001. H. Hispanic Affairs Advisory Board - Minutes of June 14, 2001. Emergency Medical Services Advisory Council - Agenda for August 29, 2001, Minutes of July 25, 2001. J. Collier County Planning Commission - Agenda for August 16, 2001. 5. Other: A° Letter from Guy L. Carlton, Collier County Tax Collector - 2001-2002 Budget Amendment. H:Data/Format AGENDA ITEM No. OCT U9 2001 Pg. October 9, 2001 Item # 16J3 MINUTES AND AGENDAS FOR DISTRICTS Item # 16J4 M1NUTES FOR ADVISORY COMMITTEES Item #16J5 LETTER FROM GUY L. CARLTON, COLLIER COUNTY TAX COLLECTOR- 2001-2002 BUDGET AMENDMENT Item # 16K1 RESOLUTION 2001-392 AUTHORIZING A BORROWING FROM THE POOLED COMMERCIAL PAPER LOAN PROGRAM IN AN AMOUNT NOT TO EXCEED $2,300,000 FOR THE ACQUISITION AND IMPLEMENTATION OF A FULLY INTEGRATED FINANCIAL MANAGEMENT SYSTEM Item # 16L 1 EXECUTION OF SATISFACTION OF CODE ENFORCEMENT LIEN ESTABLISHED IN COLLIER COUNTY V. TODD A. MASTRO AND LISA A. MASTRO Item # 16L2 OFFER OF JUDGMENT ACCEPTED AND APPROVAL OF THE STIPULATED FINAL JUDGMENT TO BE CREATED BASED ON THE SAME TERMS AND CONDITIONS AS THE OFFER OF Page 153 October 9, 2001 JUDGMENT FOR PARCEL 163 IN THE CASE ENTITLED COLLIER COUNTY V. RUSSELL BAISLEK ETAL, (LIVINGSTON ROAD, PROJECT NO. 60071) -STAFF TO DEPOSIT $9,560 INTO THE REGISTRY OF THE COURT Item # 17A RESOLUTION 2001-393 RE PETITION CCSL-2001-3, AJ SMITH OF RECREATIONAL FACILITIES OF AMERICA INC., REQUESTING A COASTAL CONSTRUCTION SETBACK LINE VARIANCE TO ALLOW CONSTRUCTION OF A DUNE WALKOVER, CHICKEE HUT, DESIGNATED STORAGE AREA FOR A BEACH CONCESSION AND A PATHWAY LANDWARD OF THE BEACH, LOCATED AT THE COLLIER COUNTY BAREFOOT BEACH PARK, SECTIONS 7, 8, 17 AND 18, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY Item #17B - Deleted Item # 17C RESOLUTION 2001-394 RE PETITION CCSL-2001-2, DON CAHILL REPRESENTING WILLIAM G. RECKMEYER, REQUESTING A COASTAL CONSTRUCTION SETBACK LINE VARIANCE TO ALLOW FOR CONSTRUCTION OF A SINGLE FAMILY RESIDENCE, LOCATED AT LOT 9, BLOCK C, UNIT 1, LELY BAREFOOT BEACH, SECTION 6, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA Page 154 October 9, 2001 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 1:48 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL JAME -~. ~D., CHAIRMAN ":-DW.I.~T E. BROCK, CLERK Attest ~.s to Chatrm~n'$ These minutes approved by the Board on as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF DONOVAN COURT REPORTING, INC., BY CAROLYN J. FORD, NOTARY PUBLIC Page 155