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BCC Minutes 01/08/2002 R January 8, 2002 TRANSCRIPT OF THE REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS NAPLES, FLORIDA, JANUARY 8, 2002 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 9:02 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: OUTGOING CHAIRMAN: JAMES D. CARTER, PH.D INCUMBENT CHAIRMAN: JIM COLETTA DONNA FIALA TOM HENNING FRED COYLE ALSO PRESENT: TOM OLLIFF, County Manager LEO OCHS, Assistant County Manager DAVID WEIGEL, County Attorney JIM MUDD, Public Utilities Administrator SUE FILSON, BCC Administration Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA January 8, 2002 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY January 8, 2002 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 Mary Anne Domer, Church of the Resurrection 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) B. November 27, 2001 - Regular Meeting C. November 28, 2001 - Special Meeting D. November 30, 2001 - Special Meeting E. November 30, 2001 - Workshop F. December 3,2001 - Workshop G. December 5,2001 - Workshop II. December 7, 2001 - Special Meeting I. December 11,2001 - Regular Meeting J. December 18,2001 - Special Meeting K. December 19, 2001 - Special Meeting 3. PROCLAMATIONS A. Proclamation for Purple Martin Week. To be accepted by Carter Smith. B. Proclamation for Children's Day in Collier County. To be accepted by Joe Paterno. C. Proclamation for Dr. Martin Luther King, Jr's. Birthday Celebration. To be accepted by Laverne Franklin, Rufus Watson and Irene Williams. 4. SERVICE AWARDS 2 January 8, 2002 e e Five-Year Attendees: 1) Patricia Rosen, Parks and Recreation 2) Annette Velasco, Parks and Recreation 3) Linda Hatke, Public Utilities Engineering Ten-Year Attendees: 4) Bobby Allen, Parks and Recreation Fifteen-Year Attendees: 5) Steven Epright, Emergency Medical Services PRESENTATIONS A. SELECTION OF CHAIRMAN AND VICE-CHAIRMAN PUBLIC PETITIONS AND COMMENTS ON GENERAL TOPICS A. Public Comments on General Topics B. Request by the Conservancy of Collier County for the Board to consider a resolution supporting the Florida Forever Program funding. BOARD OF ZONING APPEALS A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA-2001-AR-1207, Doug Schroeder, representing Cocohatchee Nature Center requesting a 30- foot variance from the required 30-foot rear yard to 0 feet; and a 5-foot variance in the width of the Landscape Buffer adjacent to Tamiami Trail North from the required 15-feet to 10-feet for property located at 12345 Tamiami Trail North, further described as Section 21, Township 48 South, Range 25 East, Collier County, Florida. B. THIS ITEM WAS CONTINUED FROM THE DECEMBER 11, 2001 BCC MEETING. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA-2001-AR- 1166, Avi Baron, PLS, representing Montclair Fairway Estate Building 3 danuar¥ 8, 2002 10. Corporation, requesting an after-the-fact variance of 2.3 feet from the required 5 feet to 2.7 feet for property located on 797 Provincetown Drive, further described as Lot 29, Montclair Park North, in Section 5, Township 50 South, Range 26 East, Collier County, Florida. ADVERTISED PUBLIC HEARINGS BOARD OF COUNTY COMMISSIONERS Appointment of members to the Vanderbilt Beach Beautification MSTU Advisory Committee. Discussion regarding approved PUD's with agricultural exemptions. (Commissioner Henning) C. Appointment of member to the Hispanic Affairs Advisory Board. D. Appointment of members to the Pelican Bay MSTBU Advisory Committee. COUNTY MANAGER'S REPORT Discussion regarding Green Space Committee. (Thomas W. Olliff, County Manager) Authorization to draft, advertise, and bring to the Board for Public Hearing an Ordinance to amend the Consolidated Impact Fee Ordinance to provide a limited window for after-the-fact applications for the existing $7,500 Impact Fee Waivers applicable to specified entities that are exempt from payment of Federal Income Taxes, and subject to adoption of the proposed amending ordinance, to present to the Board two already received applications for these Impact Fee Waivers. (John Dunnuck, Interim Administrator, Community Development) Ce Request to approve for recording the final plat of"Olde Cypress Tract 12". (John Dunnuck, Interim Administrator, Community Development) D. This item has been deleted. E. This item has been deleted. 4 January 8, 2002 11. 12. 13. 14. 15. Approve an Interlocal Agreement for First Responder Training between Collier County and the Immokalee Fire Control District. (Tom Storrar, Administrator, Emergency Services) THIS ITEM TO BE HEARD AT 10:00 A.M. Presentation regarding the results of the special legislative session and upcoming 2002 regular legislative session. (Leo E. Ochs, Jr., Assistant County Manager) He Recommendation that the Board of County Commissioners authorize staff to prepare a Scope of Services and issue a request for proposal for the development of the Naples Park Community Plan. (John Dunnuck, Interim Administrator, Community Development) AIRPORT AUTHORITY COUNTY ATTORNEY'S REPORT OTHER CONSTITUTIONAL OFFICERS FUTURE AGENDAS STAFF AND COMMISSION GENERAL COMMUNICATIONS Ae Announcement of a scheduled public hearing of The Florida Department of Agriculture and Consumer Services, Division of Forestry (DOF) and the Okaloacoochee Slough State Forest Management Plan Advisory Group to be held Tuesday, January 29, 2002 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) Recommendation that the Community Redevelopment Agency direct staff to submit a Community Development Block Grant (CDBG) Application for a drainage project on Linwood Avenue in the danuar¥ 8, 2002 2) 3) 4) 5) 6) 7) 8) Bayshore/Gateway Triangle Component Redevelopment Area to further promote redevelopment; find that project complies with the Collier County Growth Management Plan and the Collier County Redevelopment Plan; authorize CRA Chairman to sign application and letter certifying that the project will meet a national objective and that the CRA has the capacity and resources in place to undertake this project. Request to approve for recording the final plat of "Willoughby Pines Replat" and approval of the standard form construction and maintenance agreement and approval of the amount of the performance security. Final acceptance of water and sewer utility facilities for Arbor Lakes at Naples Heritage. Final acceptance of water utility facilities for Ibis Club Apartments. Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of"Timarron Unit Two". Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of"Arielle (Phase Two)". Recommendation that the Community Redevelopment Agency direct staff to submit a Community Development Block Grant (CDBG) application for a neighborhood revitalization street-lighting project in weed and seed target area of the Immokalee Component Redevelopment; find that project complies with the Collier County Growth Management Plan and the Collier County Redevelopment Plan; authorize CRA Chairman to sign application and letter certifying that the project will meet a national objective and that the CRA has the capacity and resources in place to undertake the project. Adopt a Resolution approving and ratifying filing of appeal and designation of local official regarding flood insurance study maps proposed by the Federal Emergency Management Agency for Collier County, Florida. 6 January 8, 2002 9) 10) Approve Committee Selection of firm for contract negotiations for RFP 02-3317 "Consultant Services for Impact Fee Update Studies". Carny-2001-AR-1852, Duane Wheeler, Carnival Chairman, Rotary Club of Immokalee, requesting a permit to conduct a carnival at the Immokalee Regional Airport January 17th through January 20th, 2002. Be TRANSPORTATION SERVICES 1) Approve Developer Contribution Agreement with DiVosta Building Corporation and IslandWalk Development Company for Road Impact Fee Credits subject to developer complying with all conditions of the agreement imposed by the County. 2) Recommendation to approve Bid #01-3277 "Mowing of grassed or vegetated areas", and direct staff to award contract to Southern Services of LaBelle Incorporated at an estimated annual cost of $103,000. 3) Approve Amendment No. 1 to Work Order No. ABB-FT-01-02 with Agnoli, Barber and Brundage, Inc., for the preparation of contract documents for intersection improvements at Radio Road and Davis Boulevard (S.R. 84), Project No. 65031, CIE #16 in the amount of $57,610. 4) Approve a Budget Amendment recognizing carry forward for the Tropicana Boulevard project in the amount of $12,340 from FY 01 in the Golden Gate Municipal Services Taxing Unit (MSTU) Fund 136. 5) Approve the expenditure of funds for the purchase of right-of-way for the construction and maintenance of roadway, drainage and utility improvements for Phase Two of the Immokalee Road four-laning project from Rivers Road to just West of Wilson Boulevard, Project No. 60018 in the amount of $1,097,154. PUBLIC UTILITIES 1) Approve Budget Amendment to re-appropriate funds for the North County Water Reclamation Facility flow equalization tanks, Project 7 January 8, 2002 Eo 73077, in the re-appropriated amount of $2,500,000. 2) Award Bid #01-3301 for the purchase of a roll-off truck to RDK Truck in the amount of $81,246.00. 3) Award RFP #01-3729 for corrosion inhibitor product and services at an estimated cost of $100,000. 4) This item has been deleted. 5) Approve Binding Agreement with Florida Department of Environmental Protection related to reclaimed water storage ponds at Eagle Lakes Park. 6) Request Board of County Commissioners to waive purchasing policy and authorize work orders in excess of threshold and to waive annual threshold for Contract #00-3046, "Solid Waste Characterization and Program Analysis". 7) Approve $165,000 Budget Amendment and award Bid 02-3322 for Wiggins Pass Maintenance Dredging. PUBLIC SERVICES 1) Approve the renewal and amendment of Contract #96-2489 "Tennis Facility and Operations" with Lewis Tennis Inc., for the Pelican Bay Tennis Facility. 2) Approve Budget Amendment recognizing $2,000 revenue from a donation for a memorial bench. 3) Approval of additions to agreements between Data Research Associates Inc. and Collier County Board of County Commissioners for Public Library Internet Services. ADMINISTRATIVE SERVICES 1) Approve Budget Amendments transferring funds within 301 projects for required air conditioning repair and replacement at the Sheriff's North Horseshoe Drive Operations Facility ($74,900) and to finish the 8 January 8, 2002 Ge He Ke new Golden Gate Sheriff's Substation ($219,000). 2) Approve shortlist of firms for Contract 01-3290 "Fixed Term Professional Engineering Services". 3) Approve shortlist of firms for Contract 01-3292 "Fixed Term Professional Structural Engineering Services". EMERGENCY SERVICES 1) Award Bid No. 01-3262 for the purchase of personal protective equipment for the Emergency Medical Services Department to Municipal Equipment, Ten 8-Fire Equipment, Elite Fire and Safety Equipment and Bennett Fire Products in the amount of $37,335. 2) A request to obtain Community Specific Training in the Integrated Emergency Management Course at the National Emergency Training Center. COUNTY MANAGER 1) Approval of Budget Amendment Report - Budget Amendment #02- 085; #02-090. AIRPORT AUTHORITY BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to be filed for record with action as directed OTHER CONSTITUTIONAL OFFICERS 1) That the Board of County Commissioners amend the spending plans associated with the Office of State Court Administration Grant-in-Aid Agreements for the Years 1999, 2000, 2001, and 2002, authorize the Clerk to recognize grant proceeds into the General Fund, authorize the Clerk to return unjustified grant proceeds to OSCA, and authorize the sworn statement attesting to compliance with the Fiscal Year 1999 January 8, 2002 te 2) Grant-in-Aid Agreement. Authorize the Board's Chairman to sign on the Board's behalf an agreement between the Sheriff's Office and the Quail Creek Owner's Office to enforce traffic laws over private roads within the Quail Creek Estates Subdivision in Collier County. 3) State Criminal Alien Assistance Program (SCAAP) 2002 Delegation Letter. 4) Authorization to prepare an Ordinance for Teen Court Funding. 5) Obtain approval for the payment and budget amendments related to Rebatable Arbitrage on the Special Obligation Refunding Revenue Bonds, Series 1997 and the Florida Local Government Finance Commission Pooled Commercial Paper Note A-10-1. COUNTY ATTORNEY 1) Recommendation that the Board of County Commissioners enter into Settlement of Allstate Insurance Company v. Collier County, Case No. 01-1824-SP, now pending in the County Court of the Twentieth Judicial Circuit in and for Collier County, Florida, pursuant to which the County shall pay Allstate Insurance Company $331.80. 2) Authorize the making of an Offer of Judgment to respondent, Jerjo Limited, Inc., for Parcel 142 in the amount of $14,500. O0 in the Lawsuit styled Collier County v. Owen M. Ward, Trustee, et al, Case No. 99-1291-CA. Project No. 65031. 3) Approve the Stipulated Final Judgment relative to the condemnation of Parcel 175C and 575C in the Lawsuit entitled Collier County v. Richard H. Evans, et al, Case No. 01-1235-CA, Livingston Road Project No. 60071. 4) Authorize the making of an Offer of Judgment to respondents; Russell Baisley and Patricia M. Baisley for Parcel 160 in the amount of $29,960 in the Lawsuit styled Collier County v. Russell Baisley, et al, Case No. 01-0758-CA, Project No. 60071. 10 January 8, 2002 5) 6) 7) 8) 9) 10) Authorize the making of an Offer of Judgment to respondent, Elfrieda Houghton Sutherland, Trustee of the Elfrieda Houghton Sutherland Residuary Trust, for Parcels 172 and 772 in the amount of $18,000 in the Lawsuit styled Collier County v. Dominque C. Rihs, et al, Case No. 01-0819-CA, Project No. 60071. Recommendation that the Board of County Commissioners approve the pre-litigation settlement between Collier County, Florida (hereinafter referred to as "County") and its former Third Party Administrator, Cramer, Johnson, Wiggins & Associates (hereinafter referred to as "CJ&W") for its failure to give notice and obtain consent of the defendant, National Union Insurance Company, in the amount of Nine Thousand, Seven Hundred and Fifty Dollars ($9,750). Said Pre-Litigation Settlement Negotiations were previously referenced in the Case Styled Collier County v. National Union Insurance Co. of Pittsburgh, Pennsylvania and AIG Claims Services Inc., Case No. 00-2305-CA, which was settled and approved by the Board of County Commissioners on September 11,2001. Said settlement was arrived at during pre-suit settlement negotiations. Authorize the making of an Offer of Judgment to respondent, Pine Ridge Associates Ltd., for Parcels 103B and 703B in the amount of $1,000.00 in the Lawsuit Styled Collier County v. Pine Ridge Associates, Ltd., et al, Case No. 00-0488-CA (Pine Ridge Road Project No. 60111). Authorize the making of an Offer of Judgment to respondent, Pine Ridge Associates II, Ltd., for Parcels 103A and 703A in the amount of $1,000.00 in the Lawsuit Styled Collier County v. Pine Ridge Associates, II, Ltd., et al, Case No. 00-0488-CA (Pine Ridge Road Project No. 60111). Authorize the making of an Offer of Judgment to respondent, Elfrieda Houghton Sutherland, Trustee of the Elfrieda Houghton Sutherland Revocable Trust, for Parcels 170 and 770 in the amount of $20,700 in the Lawsuit Styled Collier County v. Fred R. Sutherland, et al, Case No. 01-0756-CA, Project No. 60071. Authorize the making of an Offer of Judgment to respondents, Elliot Cortes, Sr., and Gladys Cortes, for Parcels 246 and 246T in the .January 8, 2002 17. amount of $3,150.00 in the Lawsuit Styled Collier County v. dose Alvarado, et al, Case No. 00-1969-CA, Golden Gate Boulevard Project 63041. Authorize the making of an Offer of Judgment to respondents, Jose Alvarado and Dolette Alvarado, for Parcels 244 and 244T in the amount of $2,700.00 in the Lawsuit styled Collier County v. dose Alvarado, et al, Case No. 00-1969-CA, Golden Gate Boulevard Project 63041. 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. SHOULD ANY OF THE FOLLOWING ITEMS BE MOVED TO THE REGULAR AGENDA ALL PARTICIPANTS MUST BE SWORN IN. Ae Petition AVPLAT-2001-AR1557 to disclaim, renounce and vacate the County's and the Public's interest in a 3 foot wide portion of the 13 foot wide lake maintenance easement located along the rear of Lot 190, according to the plat of "Glen Eden Phase Two" as recorded in Plat Book 34, Pages 18 through 21, Public Records of Collier County, Florida. Located in Section 9, Township 48 South, Range 25 East. Be Petition AVPLAT2001-AR-1457 to disclaim, renounce and vacate the County's and the Public's interest in a portion of the 10' wide utility easement located along the rear property line of Lot 21, Block 17, according to the plat of "Lely Golf Estates St. Andrews West" as recorded in Plat Book 10, Page 93, Public Records of Collier County, Florida. Located in Section 20, Township 50 South, Range 26 East. This easement vacation petition is a Companion Item to the petition for Variance VA2001-AR1380. 12 January 8, 2002 Ce VA-2001-AR-1380, Christopher J. Thomton, Esquire, of Treiser, Lieberfarb, Collins and Vernon, Chtd., representing Raymond F. Erickson, requesting an after-the-fact variance of 1.3 feet from the required 10 feet to 8.7 feet for property located at 231 Pebble Beach Circle, in Section 20, Township 50 South, Range 26 East, Collier County, Florida. This is a Companion Item to Petition AVPLAT2001-AR-1457. De An Ordinance adopting the Florida Building Code and amending Chapter One, Administration, thereof; establishing the exact location of wind speed lines in unincorporated Collier County by the adoption of maps relating thereto; repealing certain County ordinances and adopted codes in their entirety; providing for incorporation in Code (s); providing for conflict and severability; providing for penalties, and providing an effective date. te Petition PUDA-01-AR-1573, George L. Vamadoe of Young, VanAssenderp, Vamadoe and Anderson, P.A., representing Antaramian Capital Partners, LLC, requesting a rezone from "PUD" to "PUD" Planned Unit Development to be known as Sandpiper Village PUD for the purpose of decreasing the number of residential dwelling from 180 units to 170 units, increasing the commercial floor area from 45,000 square feet to 52,500 square feet and revising the master plan to increase compliance with the Bayshore/Gateway Triangle Redevelopment Overlay for property located on the Southwest Comer of Tamiami Trail East (US 41) and in Section 11, Township 50 South, Range 25 East, Collier County, Florida. Fe THIS ITEM HAS BEEN CONTINUED INDEFINITELY. PUD-A- 2001-AR-1404, Dwight Nadeau, of RWA, Inc., representing Conquest Development U.S.A., L.C., requesting an amendment to the Silver Lakes PUD for the purpose of reducing the Park/Travel Trailer area from 26 to 24 acres, the buffer area from 5 to 3 acres, the commons/recreation area from 97 to 78 acres and increasing the conservation area from 3 to 26 acres, for property located at 1001 Silver Lakes Boulevard, in Section 10, Township 51 South, Range 26 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. 13 January 8, 2002 January 8, 2002 Item #2A REGULAR, CONSENT, & SUMMARY AGENDA- APPROVED AND/OR ADOPTED WITH CHANGES CHAIRMAN CARTER: Okay. Ladies and gentlemen, Commissioners, we're live. Good morning, ladies and gentlemen. If I could have you-all take your seats, please. I guess everybody is afraid to come up front this morning. It's kind of like church. If you're late, you have to come to the front seats. Welcome to our January 8th board meeting. It's the first board meeting of the year 2002. Happy new year to all of you, and if you would please rise this morning and join with us in the invocation led by the Reverend Mary Anne Dorner, Church of the Resurrection. REVEREND DORNER: Let us pray. Dear God, we give You thanks for this new year and all the joys and challenges it will bring. We give You thanks for this new day and the time we will spend together this morning. We are truly grateful that we live in a nation where we are free to gather in peaceful assembly to share our concerns and to work together for the common good. We lift before You this day all the people of Collier County, our children, youth, all those who work in our community, and the seniors who are retired here. We thank You for the diversity of people who call this place home, whether for a day, a season, or a lifetime. We ask Your blessings on those who will receive special recognitions and service awards this day and for all who will present their needs and petitions before our county commissioners. We especially pray as we begin this new year for the Board of County Commissioners that they may make wise decisions and right judgments as they exercise the authority we have given them to act on our behalf. And we thank You, God, for all who have gone before Page 2 January 8, 2002 us, for those who have worked to make Collier County a good and safe and beautiful place in which to live. Help us to protect and improve our environment as we continue to develop our community. Amen. (The Pledge of Allegiance was recited in unison.). CHAIRMAN CARTER: Good morning, Mr. Olliff. Are you ready to lead us into the agenda and review, etc.? MR. OLLIFF: Yes, sir. Good morning, Mr. Chairman. Good morning, Commissioners. Happy new year. We will walk you through some brief changes to your January 8th agenda this morning. First is a continuance. It is Item 7(B), as in boy, on your agenda. It was a variance request. The item has been requested to be continued to February 12th. The next item is Item 10(C), also a continuance, which was a request to record the final plat of Olde Cypress Tract 12. At the petitioner's request, the item is being continued to your second meeting in January on January 22nd. The next three items are items from your consent agenda that have been requested to be moved to the regular agenda. Item 16(C)1 is being requested to be moved to 10(I). That is a budget amendment regarding a flow equalization tank at the north county water reclamation facility. The next item is Item 16(C)6. It's requested that that item be moved to 10(J). That is the purchasing policy and work orders, issues associated with the Malcolm Pirnie contract for solid waste characterization and program analysis. That's at the request of both Commissioner Fiala and Commissioner Coletta. The last item from your consent agenda would be Item 16(C)7. That's being moved to Item 10(K). That's a budget amendment and award of bid for Wiggins Pass maintenance dredging. That's being moved at the staffs request to provide you some additional Page 3 January 8, 2002 information on that particular item. The last change on your agenda that I have for you, Mr. Chairman, is deletion of Item 16(E), as in Edward, 2, which was the short list of firms for the annual fixed term professional engineering services, purchasing department, in accordance with the policy has received a bid protest. And in accordance with your policy, we have a period of time in which to review and resolve that bid protest before we actually award the bid, so we're asking that that item be deleted off your agenda today. Mr. Chairman, that's all the changes I have this morning. CHAIRMAN CARTER: Thank you, sir. Mr. Weigel, any changes? MR. WEIGEL: No changes. But just to announce to the board and to the public that the county attorney office had received communication from the State of Florida in regard to the Miller Boulevard Extension, Miller Boulevard discussion and settlement issues that had been under negotiation. And the state had indicated that they no longer wished to go forward with any settlement discussion and that the county will proceed -- should proceed with its prescriptive easement lawsuit and the state will participate in that to the extent that it has an interest. I know that from the workshop that was had in early December, we had talked about bringing an item back today and subsequent at the board meeting at the December 11 th board meeting, we had gone on the record indicating that we would be looking to bring back the settlement discussion for January 22nd. At this point the county attorney office will not have an agenda item for the 22nd. We will proceed, unless there's further instruction, with the prescriptive easement lawsuit in an expeditious manner. And if the board wishes to entertain any action today, it would need to create an agenda item. I think there may be a speaker or speakers here today who may wish Page 4 January 8, 2002 to comment under public comment. CHAIRMAN CARTER: Okay. Then I would say it would be probably a logical sequence that under public comment if that comes forward the board would then give direction based on the input and the information you've provided us, Mr. Weigel. MR. WEIGEL: Yes, sir. CHAIRMAN CARTER: Thank you. Agenda changes by commissioners. Commissioner Coletta? COMMISSIONER COLETTA: None. CHAIRMAN CARTER: Commissioner Fiala? COMMISSIONER FIALA: They've taken care of them. Thank yOU. CHAIRMAN CARTER: Thank you. Commissioner Henning? COMMISSIONER HENNING: No, sir. CHAIRMAN CARTER: Commissioner Coyle? COMMISSIONER COYLE: None. CHAIRMAN CARTER: I have none. Prior to approval, I need to know if there are any disclosures by the commissioners, any ex parte disclosures on summary agenda items any commissioners need to disclose. (No response.) CHAIRMAN CARTER: Are there any public speakers on the consent or summary agenda? MS. FILSON: No. No, sir. COMMISSIONER FIALA: Disclose -- I spoke to George Varnadoe on the last one from the summary agenda, asked him a few questions that I had. CHAIRMAN CARTER: Okay. That's a disclosure. COMMISSIONER FIALA: Okay. COMMISSIONER COYLE: And -- and the same is true for Page 5 January 8, 2002 me. CHAIRMAN CARTER: The same is true for Commissioner Coyle. Okay. Thank you very much. Therefore, I'd entertain a motion for approval. COMMISSIONER HENNING: A motion to approve the regular consent and summary agenda as amended. COMMISSIONER FIALA: Second. CHAIRMAN CARTER: A second-- a motion by Commissioner Henning, a 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 5-0. Page 6 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING January 8, 2002 CONTINUE ITEM 7B TO FEBRUARY 12, 2002 BCC MEETINC-: (This item was continued from the December 11, 2001 BCC meeting.) VA-2001-AR- 1166, Avi Baron, PLS, representing Montclair Fairway Estate Building Corporation, requesting an after-the-fact variance of 2.3 feet from the required 5 feet to 2.7 feet for property located on 797 Provincetown Drive, further described as Lot 29, Montclair Park North, in Section 5, Township 48 South, Range 25 East, Collier County, Florida. (Petitioner request.) CONTINUE ITEM 10(C) TO JANUARY 227 2002 BCC MEETING: approve for recording the final plat of "Olde Cypress Tract 12". request.) Request to (Petitioner MOVE ITEM 16{C)1 TO 101: approve budget amendment to re-appropriate funds for the North County Water Reclamation Facility flow equalization tanks, Project 73077, in the re-appropriated amount of $2,500,000. (Commissioner Fiala.) MOVE ITEM 16(C)6 TO 10J: Request Board of County Commissioners to waive purchasing policy and authorize work orders in excess of threshold and to waive annual threshold for Contract #00-3046, "Solid Waste Characterization and Program Analysis". (Commissioner Fiala and Commissioner Coletta.) MOVE ITEM 16(C)7 TO 10K: Approve $165,999 Budget Amendment and award Bid 02-3322 for Wiggins Pass Maintenance Dredging. (Staff request.) DELETE ITEM 16(E)2: (Received bid protest.) Approve shortlist of firms for Contract 02-3290 "Fixed Term Professional Engineering Services". (Staff request.) January 8, 2002 Item #2B through K MINUTES OF 11/27/01 REGULAR MEETING, 11/28/01 SPECIAL MEETING, 11/30/01 SPECIAL MEETING, 11/30/01 WORKSHOP, 12/03/01 WORKSHOP, 12/05/01 WORKSHOP, 12/07/01 SPECIAL MEETING, 12/11/01 REGULAR MEETING, 12/18/01 SPECIAL MEETING, AND 12/19/01 SPECIAL MEETING-APPROVED AS PRESENTED We need a -- COMMISSIONER HENNING: Motion to approve the December 27th, 2001, regular meeting; December 28th, 2001, special meeting; December 30th-- CHAIRMAN CARTER: You mean November. COMMISSIONER HENNING: No, November. I'm sorry. November special meeting. November workshop, December 3rd workshop, December 5th workshop, December 7th special meeting, December 11 th regular meeting, December 18th's special meeting, December 19th special meeting. COMMISSIONER FIALA: And I second that. CHAIRMAN CARTER: And I have a motion by Commissioner Henning, a second by Commissioner Fiala. All in favor signify by saying aye. (Unanimous response.) CHAIRMAN CARTER: Opposed by the same sign. (No response.) CHAIRMAN CARTER: Motion carries. Those of you who think we don't meet often enough, I would say this is a pretty good example that we are fairly -- that we are in session fairly often. In fact, I believe, Mr. Olliff, we met what? Sixty-eight or sixty-four times? Page 7 January 8, 2002 MR. OLLIFF: Sixty-four times. CHAIRMAN CARTER: Sixty-four times last year. Okay. Thank you very much. Item #3A PROCLAMATION DESIGNATING THE WEEK OF JANUARY 14 - 20, 2002 AS PURPLE MARTIN WEEK- ADOPTED Let's move to proclamations. COMMISSIONER FIALA: Thank you. CHAIRMAN CARTER: Commissioner Fiala, Purple Martin Week. COMMISSIONER FIALA: Will the representative to receive this proclamation from the Purple Martin Week please come forward. I'd like to read this for you, and then you may make some comments if you'd like. Whereas, in a very short time, thousands of our very beautiful feathered friends, the purple martins, will return from their winter home in Brazil; and, Whereas, these birds will be searching for suitable housing to enable to rest and rear their young; and, Whereas, the Florida legislature has designated Collier County the purple martin capital of Florida; and, Whereas, the Purple Martin Society of Collier County is desirous of urging the public to erect proper housing for these very valuable winged creatures by placing said houses on their property; and, Whereas, during the period of January 14 to the 20th, 2002, the Purple Martin Society of Collier County will endeavor to alert the public to how valuable these birds are in keeping to diminish the Page 8 January 8, 2002 insect and mosquito population. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of January 14th to the 20th, 2002, be designated as Purple Martin Week in Collier County, and urge all citizens to join with the pub -- with the Purple Martin Society of Collier County to show their concern for these valuable and friendly winged creatures and learn to protect and preserve them. Done and ordered this 8th day of January, 2002. Motion to accept. COMMISSIONER COLETTA: Second. CHAIRMAN CARTER: Motion by Commissioner Fiala. I have a second by Commissioner Coletta. All in favor signify by saying aye. (Unanimous response.) CHAIRMAN CARTER: (No response.) CHAIRMAN CARTER: to the birds. land Opposed by the same sign. Motion carries 5-0. Congratulations (Applause.) CHAIRMAN CARTER: Now, you got to turn around, face TV and the camera, give that big smile. MR. MOORE: I'm on film. CHAIRMAN CARTER: You're on film. You're on everything, sir. MR. MOORE: There's not very much I can add to the beautiful words that are already in the proclamation. But I would like to say that we consider ourselves in very good shape. We have nesting sites throughout Collier County ready and waiting for the birds who will probably be arriving next week, and we're looking forward to a very successful nesting season and wish to express our appreciation again Page 9 January 8, 2002 for recognizing these wonderful birds and the activities of our society. Thank you again. CHAIRMAN CARTER: For the record, sir, your name. MR. MOORE: George Moore, Isles of Capri. Item # 3B PROCLAMATION DESIGNATING JANUARY 8, 2002 AS CHILDREN'S DAY IN COLLIER COUNTY- ADOPTED CHAIRMAN CARTER: Thank you. All right. And here they come, ladies and gentlemen, from Avalon Preschool Childcare Center as we do the next proclamation on Collier School Readiness Coalition. So welcome these wonderful children into our audience this morning. (Applause.) COMMISSIONER HENNING: Well, this is a pleasant surprise, Mr. Carter. CHAIRMAN CARTER: Yes, sir. Look around the room, and you will see all these wonderful decorations on the wall by the children of our community. And if this doesn't make you really feel good about Collier County, I don't know what will ever make you feel good. It's a group that definitely knows what they're doing. Maybe the grandparents are here. I don't know. Holy moly. COMMISSIONER COLETTA: Of course, they can see that on Channel 54. COMMISSIONER FIALA: Channel 11. CHAIRMAN CARTER: Channel 11 is where we are now. COMMISSIONER COLETTA: Fifty-four. CHAIRMAN CARTER: You're still on 54. COMMISSIONER COLETTA: We're a little slow, but we get Page 10 January 8, 2002 there eventually. CHAIRMAN CARTER: You're watching 54 hoping we would appear. Okay. All right. This -- this is great. Let me -- let me -- Joe Paterno, are you here this morning? Joe, if you want to step up here, please, and join these wonderful children, along with their counselors and care workers, what a delight. Okay. Let me read this proclamation. And I know attention spans because I have five grandchildren. Well, I've got three that we say are on the runway, and I have two that are expecting. COMMISSIONER FIALA: On the runway. CHAIRMAN CARTER: Proclamation: Whereas, the Collier School Readiness Coalition, in conjunction with the Florida Children's Forum and the Florida State Legislature, is celebrating Children's Day during the month of January 2002; and, Whereas, research on brain development indicates that stimulating and nurturing environments during a child's first five years of life are critical to long-term development and school readiness; and, Whereas, the ability of Collier County's parents to work is tied extraordinarily to their ability to obtain and afford high-quality early education and care programs; and, Whereas, business and communities benefit when children are provided high-quality early childhood programs; and, Whereas, working families must be assured of high-quality early childhood programs so that their children will be ready to begin school and to succeed in school; and, Whereas, by calling attention to the need for-- for quality early education and care programs for all young children and their families in our community, we hope to improve the quality and availability of such services; and, Page 11 January 8, 2002 Whereas, parents, children, teachers, and child-care workers will demonstrate their dedication to the needs of children with celebrations throughout Collier County and the State of Florida; and, Whereas, Collier School Readiness Coalition and Childcare of Southwest Florida, Inc.; School District of Collier County; Redlands Christian Migrant Association, Inc.; and other agencies will continue to collaborate in their commitment to advancing the needs of children and families through high-quality comprehensive early education and care services. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that Tuesday, January 8th, 2002, be designated as Children's Day in Collier County and urge all citizens of Collier County to support quality early education and care for working families. Done and ordered this 8th day of January, 2002, Board of County Commissioners, Collier County, Florida, myself as chairman. I move for approval. COMMISSIONER FIALA: Second. CHAIRMAN CARTER: Okay. I have -- I moved for approval. I have a whole bunch of seconds. All in favor signify by saying aye. (Unanimous response.) CHAIRMAN CARTER: Opposed by the same sign. (No response.) CHAIRMAN CARTER: Motion carries. (Applause.) CHAIRMAN CARTER: This is an awesome experience and occasion in this boardroom. I've said it many times. There are only 25 percent of our population, but they are 100 percent of our future. God bless these children and their parents and their workers that they will grow up and be healthy and happy and the kind of people that will just take Collier County forward. Bless you-all. Mr. Patemo. Page 12 January 8, 2002 MR. PATERNO: Thank you. For the record my name is Joe Paterno, and I'm the chair of the local School Readiness Coalition. We'd like to thank the commission for dedicating this day as Children's Day and the day that we honor all the children of this county because, as you just mentioned, these children will become the futures of this county. Probably many may sit at the desk and chairs that you are sitting at right now. We really appreciate the opportunity. We appreciate the partnership that you mentioned in the proclamation of the school districts, our providers of services as we go forward in trying to make every child ready for school and become the leaders of tomorrow. So we thank you, and we accept this proclamation. I think the children would like to sing a song for you-all. It's either the children or me, and I can assure you that it won't be me. CHAIRMAN CARTER: The children, with all due respect. (The children present sang "We've Got The Whole World In Our Hands. ") (Applause.) CHAIRMAN CARTER: There's a showman in the group. He's got a future. COMMISSIONER FIALA: Do their parents all know to see them on television tonight? You guys will all be on TV tonight, so have your mommies and daddies watch and your sisters and brothers. CHAIRMAN CARTER: All right. You tell everybody you're on TV. COMMISSIONER COLETTA: Six o'clock is when it starts for the replay. CHAIRMAN CARTER: Six o'clock. Okay? All right. Joe, thank you so much, and God bless you and all your efforts that you're making. (Applause.) Page 13 January 8, 2002 CHAIRMAN CARTER: Okay. I'm going to go with the kids. It looks like they're having a lot of fun. All right. Item #3C PROCLAMATION DESIGNATING THE MONTH OF JANUARY AS DR. MARTIN LUTHER KING, JR.'S BIRTHDAY CELEBRATION- ADOPTED The next proclamation by Commissioner Henning for Dr. Martin Luther King, Jr's., Celebration. COMMISSIONER HENNING: And today we have -- from the Collier County NAACP is Laverne Franklin and Irene Williams. Mr. Watson -- I'm sure he's working today. And so it's an honor to have you here, and it's an honor for me to read this for consideration of the board to accept. Whereas, the Congress of the United States of America has designated the birthday of the Reverend Dr. Martin Luther King, Jr. as a national holiday; and, Whereas, the President of the United States signed legislation authorizing the Reverend Dr. King's birthday as January 15th as a national holiday; and, Whereas, the Reverend Dr. Martin Luther King received national and international recognitions for his stirring struggle against injustice and his leadership in expounding (sic) brotherhood, self- discipline, and nonviolence; and, Whereas, the Collier County branch of the National Association for the Advancement of Colored People, NAACP, will hold commemorative celebrations of the Reverend Dr. Luther King's birthday by sponsoring community activities and events throughout the month of January 2002. Page 14 January 8, 2002 Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that January 2002 be designated the Reverend Dr. Martin Luther King, Jr's., birthday celebration in Collier County, Florida, and we urge all citizens to remember the Reverend Dr. Luther King's outstanding accomplishments by participating in commemorative celebrations to be held throughout the month of January. Done on this order the 8th of January, 2002, by the Board of Commissioners of Collier County, signed by the chairman, Dr. D. -- James D. Carter, our chairman. Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN CARTER: We have a motion by Commissioner Henning. We have a second by Commissioner Fiala. 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.) MS. FRANKLIN: Good morning. My name is Laverne Franklin. And I am the president of the NAACP of Collier County. And, indeed, it is an honor, and we do accept this proclamation. And we would like to invite you to our celebrations for Dr. King. And the chairperson is Irene Williams, and she will let you know where to be and to participate in our celebrations for Dr. Martin Luther King, Jr. MS. WILLIAMS: Thank you, Laverne. January 13th, 2002, 4 p.m., which is this Sunday at Macedonia Missionary Baptist Church, 1006 Third Avenue North, Naples, Florida. Our theme is "Stride Toward Freedom." Program guest speaker is Pastor Lori Snell. We're going to have a dramatization skit Page 15 January 8, 2002 by the Macedonia Grammar School students, a march from Selma to Montgomery. On January 21st, 2002, tree dedication, which is always done by Mother Perry -- I'm sure you know her -- and Anthony Park. That's 1380 Fifth Avenue North. And then the parade will line up at 10:30 at St. Ann's Catholic Church parking lot and proceed over Third, Fifth Avenue and end at Cambier Park. Our guest speaker that day is Dr. Roslyn Wright, Director of Diversity, Collier County school system. Our MC is Miss Charmanye Small, news reporter from ABC Channel 7. We're going to have entertainment, food. Venders and marchers are all welcomed to join in. Contact me if you do want to march or have a table or do something there, 455-5033. And I thank you for the proclamation today. COMMISSIONER HENNING: Excuse me. When is the parade? I didn't catch that. MS. WILLIAMS: The 21st of-- COMMISSIONER HENNING: January. MS. WILLIAMS: -- January. COMMISSIONER HENNING: Thank you. MS. FRANKLIN: I did give Kathleen a flyer, so each one of you will have your own flyer with the schedule on it. And we really sincerely hope that you come and participate in at least one, if not all, of the events honoring Dr. King. Thank you very much. CHAIRMAN CARTER: Thank you. (Applause.) Item #4 EMPLOYEE SERVICE AWARDS - PRESENTED Page 16 January 8, 2002 CHAIRMAN CARTER: All right. Service awards, Commissioner Coletta. MR. OLLIFF: Mr. Chairman, as the board's making their way down to the floor, I'll take the opportunity to call your first two recipients, which are both five-year attendees. The first is Linda Hatke with your Public Utilities Engineering Department; and the second is Patricia Rosen with your Parks and Recreation Department. (Applause.) MR. OLLIFF: Mr. Chairman, the next attendee this morning, it says, is Bobby Allen, from your Parks and Recreation Department. And, Mr. Chairman, this morning, your last -- your last recipient, we've got the honor of recognizing a 15-year county employee, Steven Epright, of your Emergency Medical Services Department. (Applause.) MR. OLLIFF: Mr. Chairman, that's all your service awards this morning. Thank you very much. CHAIRMAN CARTER: Thank you. (Applause.) Item #5A COMMISSIONER COLETTA SELECTED AS CHAIRMAN AND COMMISSIONER HENNING SELECTED AS VICE-CHAIRMAN CHAIRMAN CARTER: All right. We now move to Item 5(A), selection of a chairman and a vice chairman. COMMISSIONER FIALA: And I'd like to make a motion that we nominate Jim -- or I would like to nominate Jim Coletta as the new chairman of our Collier County Commission for the year 2002. Page 17 January 8, 2002 COMMISSIONER HENNING: I'll second that. CHAIRMAN CARTER: I have a motion by Commissioner Fiala. 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 5-0. Congratulations, Mr. Chairman. (Applause.) CHAIRMAN CARTER: Now we need a vice chairman. COMMISSIONER COYLE: What are your procedures generally? CHAIRMAN CARTER: Anybody can nominate anybody they want. COMMISSIONER FIALA: Well -- COMMISSIONER COLETTA: Is the chair supposed to step back on this? I think they are at this point. CHAIRMAN CARTER: No. You can do anything you want. You're a commissioner. COMMISSIONER COLETTA: I'm just trying to stay with the procedure, if I may. I'd like to nominate Donna Fiala-- COMMISSIONER FIALA: Oh, thank you. COMMISSIONER COLETTA: -- as the vice chair. Well, let's see -- COMMISSIONER FIALA: Lack of a second, it dies. COMMISSIONER COLETTA: Lack of a second. Hear another motion? COMMISSIONER FIALA: COMMISSIONER COYLE: I'll nominate Tom Henning. I'll second. Page 18 January 8, 2002 CHAIRMAN CARTER: I have a motion to nominate Commissioner Henning as the vice chair. I have a second by Commissioner Coyle. All in favor signify by saying aye. (Unanimous response.) CHAIRMAN CARTER: Opposed by the same sign. (No response.) CHAIRMAN CARTER: The motion carries 5-0. Congratulations, gentlemen. (Applause.) COMMISSIONER CARTER: Mr. Chairman, I'm going to pass -- I'm not going to pass this gavel. We're going to change chairs. And ifI might just indulge, for a moment, I think probably normally under the comment section this would be appropriate, but if you may indulge me for a minute, Mr. Chairman. CHAIRMAN COLETTA: Go ahead. COMMISSIONER CARTER: First of all, I want to thank this board for the honor of having the privilege of serving -- serving as chairman for 15 months. This started back in about October of 2000. I have seen nine different commissioners in three years, and as I enter my fourth year, I worked with seven different commissioners during this -- well, as chairman I have worked with all of you, but at times we worked with four -- four commissioners. We've had a very interesting period of time within the Board of County Commissioners and Collier County government. But I am proud of what this board has accomplished in the last 12 months. And if anyone out there is kind of wondering what -- what goes on here, let me just say a couple of things. First of all, I thought that some major accomplishments that was done by this board in the year 2001 is we took an issue -- it's called a landfill -- that had been kicked around as long as I can remember, and we brought to it a point where we no longer -- what I'm going to say -- Page 19 January 8, 2002 avoided the situation or postponed the decisions. Hard decisions were made. We made short-term decisions along to take care of the capacity we have left, and we reserve capacity at Okeechobee for any hurricanes or emergencies so that we would never disrupt the operations in Collier County. Long term, we begin to -- I think we divided the problem, which was a smart thing to do. We looked at, what do you do with -- you take this whole thing of trash in general. We took yard wastes, and there's now an RFP out for composting and a pilot project going. We're taking the grease from restaurants, and there's an RFP to look at that for a biodiesel conversion in terms of where you can take all this grease and turn it into diesel fuel, another major, major accomplishment. We took (2 and D; we separated that out. We got rid of all of the wallboard and stuff that caused the odors in your landfill and took the remaining materials and through a wide variety of processes are able to salvage and get rid of the things that you can't put in the landfill. You crush the stone up. Some of that is used in road beds and/or maybe begin to use it for -- for covering. We took the major amount of trash that's going in there, and we have a buy -- and we have an RFP out now to look at what we call biogasification. All these will be decisions made by this Board of County Commissioners in the year 2002, but the major leap forward was that we broke up the problem. We addressed the issues. We had numerous meetings on it, and it's no longer one of those things that everybody wonders what we're going to do with the landfill. This is going to take us well into this century in terms of the progress that was made. Secondly, we take a look at the area called Community Character, and we approved a plan that took a look at what's community design all about, what's transportation all about, what's Page 20 January 8, 2002 green space all about. And we have the plan in place. Now, we don't have the dollars to implement the plan in total, but we do have the plan that says this is what we want to be as a county. And this morning you will hear one community coming forward that says, we now want to take advantage of this process. We were a part of it, so we can improve our community. And as you go along, you will see more and more of that, and that is exactly what the Board of County Commissioners could be doing, and that is really a visioning, a long- range process. We took transportation, and for the first time I could remember as a commissioner, we looked at this, and we got a 20-year plan from our director of transportation, a realistic 20-year plan. This is what a county this size has to do with the anticipated growth that will take place here over the next 20 years. And we have the plan, and it's broken down in five-year increments, and we don't have the funding that we wanted for the plan, but we are looking at the first five years through the multiple revenue streams that do the best that we can, but the plan is there. The reality is there. And no matter who sits in these chairs, that reality is not going to go away. It has to be done. And I thank this commission for having the political will and the courage to make that tough decision. Thirdly, we take a look at our sewer and water treatment plans. And we have a 15-year plan. It's in place. It is funded, and it will be executed. That -- that plan will happen. It is done through impact fees and the courage of this commission to raise water rates to take care of what has to be done. It was a tough decision, but this Board of County Commissioners did it, and they're to be commended for that. We faced the health-care issues in this county. One of our charges is health, safety, and welfare. We faced the challenge. We don't have a resolution yet, but we certainly have a lot of effort being Page 21 January 8, 2002 made to deal with it. The good news was, we took care, and we funded school nursing. Thanks to Commissioner Coletta we got that done. We have Healthy Kids program, totally funded. Now, we've got some other issues to deal with, but I believe that we will have the courage as a board to deal with those appropriately. We took a look at the Land Development Code, a major part of what goes on in this county. We increased the number of cycles so that we don't look at it twice a year; we're looking at it three times. And, in fact, as we finish up this cycle, we're going to come back with another cycle in March to deal with some very specific issues. And all of this says we are moving towards managing growth instead of letting growth manage us. And we're doing it through a process. We're doing it through a system. We're taking in consideration of everybody's property rights. And I mean everybody's. There is no special interest groups whose rights are more important than another. And I give this board enormous credit for having the political will and the courage to make those tough decisions. We also have taken a look at green space, and we committed $4.75 million to buy the -- the remaining parcel at Lely Barefoot Beach. And Commissioner Mac'Kie, who is -- who is no longer with us but with the South Florida Water Management District, was very instrumental in making that take place. So I commend this Board of County Commissioners for the work that you did in 2001. You came in; we called you rookies. But let me tell you, you are now seasoned veterans, and along with the addition of Commissioner Coyle -- Coyle who I don't consider a rookie because he's been around in these processes a long time -- and believe me, anybody that can work the City of Naples council process probably is up in the superstar category already. So I am really pleased that he is here with us and that we will move forward as the Board of County Commissioners and continue to do what we need to Page 22 January 8, 2002 do. And, Commissioner Coletta, I'm very proud that you will step in and be the chair, Commissioner Henning, the vice chair. All of you are great, and I can't thank you enough for all the effort, all the cooperation that you gave me in this period of time when I had the pleasure to serve as chair. So it is all yours, sir. (Applause.) CHAIRMAN COLETTA: Pick up your stuff and move. COMMISSIONER CARTER: Pick up your stuff and move. Get out of Dodge. I'll give you back your coffee, water -- you've got two cups. Man, you're really working on this stuff this morning. CHAIRMAN COLETTA: Just enough to keep me moving. COMMISSIONER CARTER: Enough to keep you moving? Okay. CHAIRMAN COLETTA: I'm glad we got through that first difficult decision. Briefly, I do want to thank Dr. Carter for the wonderful job he did last year. I think he's covered it very well. We're going to continue in the coming year with the agendas that we've set in the past. The only thing I can promise you is a lot of hard work, but that's what we're here for. Item #6A PUBLIC PETITIONS AND COMMENTS ON GENERAL TOPICS Okay. MS. FILSON: I'm sorry. public comment. CHAIRMAN COLETTA: MS. FILSON: Uh-huh. CHAIRMAN COLETTA: Moving on, Item 6, public petitions. We do have eight speakers under Under public comment. And the first speaker is ... Page 23 January 8, 2002 MS. FILSON: The first one is Jesse Holbrook. He will be followed by Wilbur Chilcote. MR. HOLBROOK: Good morning. My name is Holbrook. It says here I'm supposed to spell that for you. That's H-o-l-b-r-o-o-k. And I want to speak to you, if I can, just a minute about, as I said on my petition there, flags. I want to start by telling you that this past fall I was taking a trip; Wilbur and I took a trip out in the west, midwest. And on the way back we traveled through Cairo, Illinois. If you know Cairo, it's a small town about like this one was 40 years ago. But the real thing that's important about Cairo right now is, as we drove through that town, we noticed very quickly that they had installed on every flag pole in that town that had a light on it the flag of the United States. And I tell you, it's a very profound and -- and beautiful sight to drive through that town and look down a street for a half a mile and -- and see 300 flags flying. And it was so -- we were so impressed that we went -- we've got a little -- in a little town there, north Georgia, Blairsville, Georgia, we have a cabin, and we went back to this little town and approached the county commission there and the mayor of the city. And they agreed to install the flags, mount the flags, on their poles in the city. We'd like for this commission to consider doing the same thing. It may take a little money, but I'm sure you can find it. It's for a worthy cause. And with the population that we have right now -- what? 150,000 people during the winter? I think we -- we really -- we'd really impress them with the beauty and the desire of this commission to serve the community in that regard. So I'd like to have you consider doing that and in -- in doing it, appoint a committee to get it -- get the job done, order the flags, and mount them on the flagpoles, and I'm sure during the process you're going to want to have a ceremony or two to -- to celebrate and to advertise the Page 24 January 8, 2002 fact that you're doing it. CHAIRMAN COLETTA: I think it's a very noble cause that you're talking about. Of course, Collier County in itself is immense in the amount of roads we have and roadways. Possibly it's time we might want to consider for the county complex to set an example where we could have flags on all the different poles here and numerous locations. MR. HOLBROOK: I don't understand. CHAIRMAN COLETTA: I'm not too sure myself what road you'd be talking about. But I think it bears some looking into. MR. HOLBROOK: I think we ought to start on 41 and just outside the city limits on the north end, and on the south end-- CHAIRMAN COLETTA: Uh-huh. MR. HOLBROOK: -- say, designate $25,000 and buy flags and just mount as many as possible in the -- in those directions. We have approached the city with the same idea. The -- we -- the city manager thought it was a good idea, and he's going to bring it up, and they're going to be discussing it. And they, of course, will take care of the inside the city limits, if they decide to do it, and I think they will. COMMISSIONER FIALA: Mike McGee and associates donated flags for all of the light poles out here on the East Trail. I notice they're all up. COMMISSIONER CARTER: Perhaps, Mr. Chairman, we might work in conjunction with the City of Naples and our staffs and just figure out what we might do to follow through on this gentleman's suggestion. CHAIRMAN COLETTA: Would you like to direct -- do I see enough nods of head to direct this back to staff to see what the logistics of this would be and what cooperative arrangement we could do with the City of Naples? Page 25 January 8, 2002 COMMISSIONER FIALA: It would be nice to have it donated -- COMMISSIONER CARTER: Well, I think the committee could look into that, public/private sector combination of efforts. CHAIRMAN COLETTA: We get the veteran's council behind this thing, and we might be able to make something happen. Okay. Mr. Olliff?. MR. OLLIFF: Yes, sir. We'll -- we'll also need to work with the Florida DOT because the 41 selected road is a state road. We'll work with the Department of Transportation. We'll bring a report back to the board for consideration. COMMISSIONER COYLE: One of the things I think we have to consider is lighting; otherwise we're going to be taking the flags up and down every day. So wherever we position them we have to make sure there's lighting available. MR. OLLIFF: In fact, that's why I think the proposal is actually to use street lights, so that they can be in locations where they can be up 24 hours a day. I think they thought that one through. CHAIRMAN COLETTA: Thank you very much. MR. HOLBROOK: Okay. Thank you. MS. FILSON: The next speaker is Wilbur Chilcote, and he will be followed by Mr. A. Spencer. MR. CHILCOTE: Young ladies and gentlemen, I come with my colleague here to speak on the same thing. I'm looking at something right here (indicating). Does it mean anything, or shall we just toss it out to the wind? Fifty years ago approximately this month I was on the first wave of Leyte when I saw Douglas MacArthur say, "I have returned." Do we really mean that, or are we just saying things, saying words that don't mean anything? CHAIRMAN COLETTA: We have directed staff to bring it Page 26 January 8, 2002 back to us. MR. CHILCOTE: I know -- I know you have. I'm just adding, Mr. Coletta. I'm just adding to this, and I -- and I'm trying to -- what I'm trying to do is stir you up -- CHAIRMAN COLETTA: Oh. MR. CHILCOTE: -- and agitate you a little bit -- CHAIRMAN COLETTA: Go forth. MR. CHILCOTE: -- because we -- as the President of the United States said -- and it's true -- after things happen like it happened September the 11 th and then time lapses, people have a habit of getting in a stagnant mood. Well, it never happened, this or that or so on. And they really don't know what they're talking about. So, maybe you're saying, "Well, when I leave this podium, that's an old man talking." No. I'm old all right, but there's a lot of things that we need to mm to. I'm very happy to hear that you have prayer here. I'm very happy that you saluted. I'm very happy to all that. So my colleague and I appreciate everything that you're going to do. And anything we can do to help we're -- we're right there. And if I can't agitate somebody, well, then there's something wrong with me. I'll be dead and gone. Thank you. CHAIRMAN COLETTA: Thank you, sir. COMMISSIONER CARTER: Thank you. MS. FILSON: The next speaker is Mr. A. Spencer, and he will be followed by A1 Perkins. MR. SPENCER: Mr. Chairman, Board, happy new year. CHAIRMAN COLETTA: Happy new year. MR. SPENCER: I don't know whether I'm bringing up an old subject or new subject or what. I heard a county attorney mention something about the Miller Extension. I've been in this county since 1957 coming back from Korea, so I remember just four comers when this was a little county. It's a big county now. I don't know whether Page 27 January 8, 2002 any of you live in Golden Gate, between Golden Gate Boulevard off of Everglades and the Alley. I do. I've lived there for over 20 years in them woods. I have no place to run if you close the Miller if fire gets up around Golden Gate Boulevard, and all of us people -- there's quite a few, hundreds of us -- have no place to go. Stop and think. There's no outs. We called for a deputy. He has to come from Everglades now. I don't know why the sheriff has changed the district. I'm losing land down there now to the State. I've lost land in the Big Cypress, so I don't know whether I fought for freedom or not. But can you tell me? Are we going to close it, or are we going to grade it? Now, 6 L used to grade it and keep it open. I was running through that when it wasn't nothing but a farm road, and that's over 30 years ago, so it's been open, and they made a beautiful dump road out of it. We cleaned it up. I worked one weekend with a payloader. I crawled up on it, and I worked it all weekend. They worked on it again, and we took out a bunch of Brazilian pepper and everything, which they say if you build a home, you have to eradicate them. But then they made people go back and plant trees, which I couldn't understand. But they cleaned it up the second time. And now, then, I don't know what is coming off. I'm here because I was called to come and talk about the Miller Extension. Now, if you're ever caught and there's a fire between Golden Gate Boulevard and the Alley off of Everglades Boulevard, you can't do nothing but run south, and I don't know where you're going to go if you don't keep them open. Calling for emergencies out there, there's -- Everglades Boulevard is one way in. They have to take a long route around to come in. They had an accident -- two accidents there last weekend out off of Lely -- off of Lynch. Somebody drove his automobile off the end of the road into the canal. Another one, I don't know what Page 28 January 8, 2002 that was. But we seen the chopper go over. We heard the fire truck go out and haul -- all the sirens. And I don't know whether the deputy ever made it or not. I didn't go all the way down there. I just looked and then come on, because we have property down there which we go to at might near every weekend. I heard the county attorney say something about it, and I've made affidavits. They've called me up to the office, and I've made affidavits, but I've heard nothing more, only that just recently they said something about closing it again. CHAIRMAN COLETTA: If I may help you with that, sir, I've been the commissioner that's been appointed to work with the attorneys on this issue. The demands that we are placing on the -- for the -- the leaving of the area open for the road itself for the rights of access mainly has caused the state to play their hand, and they want to continue with the lawsuit. Until we come to some sort of agreement on the lawsuit, we're forbidden by law to be able to do anything to that road. It exists as it is now in the state that it's in without any kind of repairs until we reach some type of settlement, which may be in the -- may be in the distant future. But the reason why it's dragging out is because we're very reluctant to give up our access rights to that area. That's where we are at this point in time. Just recently, back about four, five days ago, the state announced the fact they were going to continue on with the lawsuit, and we're still waiting for all the facts to come in. But as soon as we hear from them and we know what we're up against, we'll be sure to appraise you of the situation. Meanwhile, your affidavit is extremely important to be able to establish the fact that we have had access for a number of years. I take it you go back for a quite a long time there. MR. SPENCER: Yes, sir. I've been traveling over that road when it was nothing but an old farm road, when it was all farm -- Page 29 January 8, 2002 when it was Old Crawfish Swamp that they turned into a farm. And we used that road to go our hunting camp, which we had leased back in -- that's almost 40-some years ago. I could get exact dates if they wanted them. We've been in that area -- we were in that area when GAC started cutting canals and making roads, and to keep our hunting camps that were there, we had to buy the land. CHAIRMAN COLETTA: I'll tell you what: Rather than take up a lot of time now, when we get a chance, I'd like you to give my office a call. And I'll -- I'll get ahold of you, and I'll give you a more thorough update and tell you where you might be able to intercede to help us move this forward. MR. SPENCER: Thank you. If I can be of any assistance -- CHAIRMAN COLETTA: Thank you. MR. SPENCER: -- I'd be very willing to help. Thank you ever so much, and God bless Collier County. CHAIRMAN COLETTA: God bless you. MS. FILSON: The next speaker is A1 Perkins, who will be followed by Ken Thompson. MR. PERKINS: Good morning, ladies and gentlemen, people at home, commissioners and tax mules, all of you. Miller Boulevard Extension, an evacuation route necessary to save lives from Marco Island and Goodland and the people along 41 and, also, the rest of the people who live in the Belle Meade and southern Golden Gate Estates. Now, you can hear any kind of a scare tactic used about there's no water, there's none of this and none of that, and none of the other. Well, this commission right here and the employees, the staff, can prove them wrong. There's plenty of water. There will be for the next 20 years for total buildout. But nobody pays any attention, and nobody brings these things forward. The fear tactics are being used by everybody that's got their Page 30 January 8, 2002 hand in your pocket, because without that, you're not going to let them put their hand in your pocket, just that simple. Now, like a nut, I read stupid books. Florida's annual comprehensive financial report. People, people at home, commissioners, they're using your credit card, your credit card. Do you know what the interest is on this money that they borrow, because they don't have any? And they'll tell you all about that they don't have the money, they don't have the money; yet the State of Florida and the federal government will put $7.8 billion in a restoration. You're going to make an old car into a new one that looks like an old car. Mother Nature knows how to do a better job of restoration than anybody that can stand on two feet. That's a fact. Don't tell me that God doesn't know what he's doing. When you get into charities, which is where the money -- and you guys all know that in New York the Red Cross -- you saw what they were doing with the money for those people. Bill O'Reilly on Fox brought it up: 20 percent for the people, 80 percent for them. Not-for-profit corporation acts, 501 C 3, read the penalties, read the answers, find out just who's raping this place. Gift Givers' Guide, you paid for the people. The Department of Agriculture will tell you who the charities are and who the solicitors are and who the people are that accept the money on behalf of a charity, and they have the ability under the law to put half of it in their pocket, such as The Conservancy, and such as the Wildlife Founda -- Federation, which is being funded by the Wildlife Foundation, which is state-operated charity. They got you coming and going. They can't even keep track of the money or the transactions in Tallahassee. And whatever you do, find out for yourself, people. You just don't have to take my word. Take the time to find out just where it is, because you're affecting all the kids like the kids that were here this morning. You're putting them into big Page 31 January 8, 2002 debt for what? Then you're jeopardizing. Now, I have provided to every one of the commissioners, county manager-- and I've also handed over to make it of the record-- statements, documentation about what is going on in this state. You people are all aware of the letter of intent from the Department of Environmental Regulation to try to take over every piece of land from the water's edge of the Gulf to within 10 miles of Fort Lauderdale. This intent says I'm going to spend, spend, spend, spend, and spend and hurt every little person who can't defend themselves. CHAIRMAN COLETTA: Mr. Perkins, would you wrap it up, please. MR. PERKINS: I was going to ask you for some more time, but I don't need it. Let me just go across my ... Misuse of public taxes, control of appointed boards. Pay attention who's on these boards. South Florida Water Management -- okay. South Florida Water Management was being controlled by The Conservancy. It may still be. CHAIRMAN COLETTA: Mr. Perkins, I'm going to have to ask you to wrap it up with one more sentence, and then we're going to have to move on. MR. PERKINS: Right. The lobbyists and the lawyers are the ones who instigate this stuff. So, please, people, stop being a bump on a log. Start paying attention, because your kids' and your grandchildren's futures are in front of you. Thank you. CHAIRMAN COLETTA: Thank you, Mr. Perkins. MS. FILSON: The next speaker is Mr. Ken Thompson who will be followed by Ty Agosten. MR. THOMPSON: I'm Ken Thompson. And, you know, you bet -- you let -- you let this guy build a house right behind me, and all this -- you have to give me a few minutes because I ain't all there -- Page 32 January 8, 2002 we're all here, I guess. But he built this house behind me a little over a year ago, and Eric Schram (phonetic) is a good fella, so I hate to see him pass away. As a matter of fact, he's the only one that you had out there that knowed anything. And I went, tried to get the water -- you build a house, dump the water on nobody else. Well, I fought and fought. I been out there, told John Dunnuck, God bless him. You moved him on. I talked to the manager. I don't have nothing against anybody. But when you start causing me a problem, it's not -- not my property, but I'm married to the lady that owns it. And then I went to talk to Tom Kuck. He told me, well, you can bear with me that we can hold them again -- we can hold them, but they have to fix it. Well, I went to talk to Noble. He don't know nothing neither. So I talked to Dan Roland, Don Roland -- I don't know what his name is; he's the guy -- he said go, you get further. I meant, these people don't know nothing. So I got Stan out there. He's standing in water this deep (indicating). He goes with Michelle Arnold with me out there, and he says Miss Arnold is saying, "Well, you know, Stan, we've got water all over Collier County, hadn't we?" Well, we're not talking about Collier County. We're talking about the house you built behind me. So I got a call from Mrs. Arnold, and I was told that the man said if I wanted to build, I get a swell built around this house, I would have to buy the dirt and do it myself. So I talked to the lawyer, and he told me, don't dump no dirt on this property. I got a big hole in the fence. I was going to get and do it anyway. Now I ain't going to do nothing. So I'm -- I just felt, well, maybe I'll just go ahead and do it. So I bought the dirt and dumped it on the -- this -- this lady's property. I went ahead and worked Saturday and Sunday night and Page 33 January 8, 2002 day, and, boy, it's cost me some operations. I'm telling you, I go out one night and run into another one, and I'm headed again the 14th. But I did the man a good job. I got it all swelled. But I'd like to know how Collier County Code Enforcement can pass something that zoning is supposed to do. So I did the man a good job, and -- and what is built there is beyond me. I meant, it -- it is just terrible. And then, Mr. Carter, you went around, and you spent $60,000 of taxpayers' money, which was all right, about the sign, and you remember that. That was a good idea. At least you can go down 41 and see nothing but trees except nothing but a bunch of billboards. I like that. And -- but now Bayshore Drive, you got Miss Arnold coming out and where my living room is, she's sticking billboards up, billboards here, we'll build you a fine restaurant. Hell, I don't need no more restaurants on that Bayshore Drive. We don't need nothing on Bayshore Drive. I tried to buy a tank gun from you one time before. Remember that? I was going to aim it right down there on that canal, and I had the money to buy it, and I wish I had. But, now, you outlawed pole signs. You did it. So this pole sign is the rottenest-looking thing you ever seen in your life. And banners, they give him banners now to fly on the pole sign that light up at night. I'm not calling any names. But, anyway, if you're going to do one one way, you're going all around. I go to Perkins a lot to eat breakfast. And right next door this guy put in a nice car wash. He put -- put a banner way in the back there. You never will see it hardly. And here comes code enforcement and rip it down. They made him take it down. Why would you make him take his down and this is lit up like a Christmas tree? Anytime you got to light a bar up in Collier County, you're in bad shape. You're in bad shape. You don't light bars up. You shouldn't even light a restaurant up. As many people as are here, you'll stay busy anyway. Page 34 January 8, 2002 CHAIRMAN COLETTA: Mr. Thompson, I'm going to have to ask you to start winding it up. MR. THOMPSON: Okay. Well, I figured that. And then Mr. Oliver -- Tom Olliff over here, he -- he did the best thing I ever seen in my life. It's about the EMS. You sure get on his back. He -- you need some more people over there to tell EMS what to do. I wouldn't ride that thing if my life depended on it. As a matter of fact, I've turned them away several times. I wouldn't get in with them. No way would I get in it. But if you're going to do -- and then you got Don Hunter. You know, you need a hundred percent of the people. I've never worked so hard in my life to get the sheriff put back on Bayshore Drive. He won't put nothing on Bayshore Drive. He's going to do what he wants. Right here this man's talking about taxes. I could -- I could run this whole world on the -- on the damned money that this man's getting. CHAIRMAN COLETTA: Mr. Thompson, I'm going to have to ask you to -- a closing sentence and -- MR. THOMPSON: Okay. That's it. And I wish you-- I wish you'd have a talk and cut his money off. Cut his money off. Bin Laden's 20 million miles away from here. He had the damned money spent on bin Laden. As far as the flags, this man needs to go look down 41. He saw all the flags you want to see. CHAIRMAN COLETTA: Thank you very much, Mr. Thompson. The next speaker. MS. FILSON: The next speaker is Ty Agosten, and he will be followed by Justo Morera. MR. AGOSTEN: Good morning, ladies and gentlemen. My name is Ty Agosten, and I live in endangered Golden Gate Estates, and I'm speaking for myself. I want to refer to the next item on the agenda which is a request Page 35 January 8, 2002 by The Conservancy of Collier County for the -- for your board to consider a resolution supporting Florida Forever program funding. In view of the fact that the state and the governor has made some rather drastic cuts in many vital areas, such as education, healthcare, and what have you, for you to support something about Florida Forever, I didn't think Florida was going away anytime soon, but be as it may, I figured I don't think you should get involved in that issue. Next item, I wanted to respond to Mr. Carter's legacy of this county commission. And, to be perfectly honest with you, the first thing comes to my mind is that 26 percent increase that you have imposed on a county, and it wasn't enough. In addition to that, you have what I could call conspired with the largest developers in the county to hustle the taxpayers for an additional half a percent sales tax. So I'm not exactly sure whether I would be proud of that type of a legacy. Going on to the Miller Boulevard Extension -- and I don't live anywhere near the area. But I've seen it, and I have heard many stories. And it boggles my mind that none of you can stand up against the state and the various environmental concerns that are essentially taking people like this gentleman (indicating) who went out and fought for this country and at the same time we're making Miss Payton, who is the Wildlife Federation chair, the person of the year. Kind of leaves me loose. You have inherited an ethical burden from prior county commissioners who have prohibited putting power lines in southern Golden Gate Estates. There were at one time 19,000 property holders there who were essentially financially raped by the state. Right in this room a representative from the State Environmental Protection Agency have promised there will never be an eminent domain proceedings against those property owners. Well, lo and behold, those eminent proceedings -- eminent domain proceedings are being Page 36 January 8, 2002 -- taking place right now. So, in addition to taking people's property away and essentially raping them -- and we're talking about little people. We're talking about people owning 2 1/2 to 5 acres of land which they bought for $10,000 with 500 down and whatever. And the commission couldn't stand up against large developers, but they were -- sure allowed these poor people to get financially raped. And I really have a hard time. If you are elected by the people and for the people, you are not -- you know, you should essentially look at this as you -- maybe with a little more care and concern for them. I had a little Cuban guy sitting next to me in one of those chairs. He was telling me that he paid $10,000 for a piece of land down there, and the state offered him 700. So this is not a story from out of nowhere. This is a fact. So I would plead for you to do everything to protect people like this gentleman and all the other ones that still live down there, just out of human kindness and fairness. Thank you very much. CHAIRMAN COLETTA: Mr. Agosten, I have to reply to that. I -- the implication is that we're not doing anything. And I -- I don't know. I've been out there numerous times talking to landowners, and I haven't seen you yet. And I've also been out there when the trees were torn up and helped plant them, replace them. The idea is not we're in confrontation with the -- with the Wildlife Federation or The Conservancy. We're working with them to try and reach an accord. And I assure you that this is a very important issue for this commission. If it wasn't, this would have been given up a long time ago. MR. AGOSTEN: I'm an innocent bystander here. These are just my remarks in terms of what I see happening, not just now, but prior commissions. I spent Tuesday over here watching you guys. I don't mean you. I mean your predecessors. And some of the things that happened is outrageous ethically, legally, and otherwise. Page 37 January 8, 2002 CHAIRMAN COLETTA: Thank you very much. MR. AGOSTEN: That would not happen with someone with a lot of money behind them. It happened to this little Cuban guy who was ready to cry. CHAIRMAN COLETTA: Thank you very much, Mr. Agosten. MS. FILSON: The next speaker is Justo Morera. COMMISSIONER CARTER: Mr. Chairman, may I interrupt a second? We have a time certain at 10 a.m. this morning, I believe. CHAIRMAN COLETTA: How many more speakers are there? MS. FILSON: Two more. MR. MORERA: I'm going to be real brief. CHAIRMAN COLETTA: Please, go ahead. MS. FILSON: He will be followed by Stanley Fogg. MR. MORERA: Good morning, Commissioners and everyone. My name is Justo Morera, and I happen to own property, as you-all know, out with the rest -- where the restoration is going to be, and I'll be affected by it. I was not against this restoration as long as the access would remain the same. But today I totally changed my mind, and I wanted to go on record. I am totally against the restoration, and I would-- I would explain why when the time comes, okay. Like I say, I'm going to be brief. What I would like for -- to ask the commission is, also I understand is we're going to go to trial? CHAIRMAN COLETTA: (Nodded head.) MR. MORERA: Okay. Good. I would like to ask the commissions to make sure that, if it's possible, we have TV coverage on Channel 54 or on any other channel for the trial, if you please, you know, see if you can do anything about that. I definitely -- CHAIRMAN COLETTA: We'll keep you apriced -- appraised of the situation as it moves forward. Of course, we will. Page 38 January 8, 2002 MR. MORERA: And, also, I would like to add that at least a hundred people with interest to the -- to the lawsuit will be subpoenaed. And if I can assist you with any names or anything, I'll be glad to do that, and, of course, I'll need the list right now for the subpoena, but I think that would be fair. Okay? And then that's it. CHAIRMAN COLETTA: Well, thank you very much. MR. MORERA: Thank you very much. Have a nice day. MS. FILSON: The final speaker is Mr. Stanley Fogg. MR. FOGG: Good morning, ladies and gentlemen. And congratulations to you, Mr. Coletta. CHAIRMAN COLETTA: Thank you. MR. FOGG: I want to add that I'm very concerned about this Miller road thing, as a citizen of Collier County. But I also want to tell you that, Mr. Coletta, I know you have been very involved in this Miller road operation, and you've done a lot, because I -- I'm here, actually, representing the Jesse Hardy agricultural farm, which is underway of being created now. I was here before. I gave you all the reasons why I thought the reason should be open. I think you've heard many other stories, and I just hope that you continue to support the people of Collier County. Thank you. CHAIRMAN COLETTA: Thank you, sir. That's our final speaker? MS. FILSON: Yes, sir. Item # 10G PRESENTATION REGARDING RESULTS OF THE SPECIAL LEGISLATIVE SESSION AND UPCOMING 2002 REGULAR LEGISLATIVE SESSION- PRESENTATION ACCEPTED AND LETTER TO BE PREPARED WITH SET PRIORITIES Page 39 January 8, 2002 CHAIRMAN COLETTA: Then we'll move on to 10(G). MR. OCHS: Good morning, Mr. Chairman, members of the boards. Leo Ochs, Assistant County Manager. A couple of months ago the board entered into a contract for professional lobbying services with Arnold & Blair, Limited Corporation. Mr. Keith Arnold, the principal with that firm, is here this morning to make a brief presentation to the board to summarize the highlights of the recent special legislative session and to provide a brief overview to the board on the coming regular session that will begin later this month. I'll call on Mr. Arnold at this point. MR. ARNOLD: Thank you, Mr. Ochs. And I have some handouts for you, if I may. And there should be some for -- for public record purposes. Mr. Chairman, members of the board, my name is Keith Arnold. And I'm a member of the firm Arnold & Blair. And I would like to, first of all, tell you how pleased I am to be able to work with you in the upcoming legislative session. I may work in Tallahassee, but I live just up the road in Fort Myers, and I certainly listen to and hear of many of the issues you deal with. And as an aside, my family first settled here in the 1870s in what's now Collier County, and we still have family who live down here in Naples and south Collier County. And so from a very parochial standpoint, I'm very interested in many of the issues that you face and clearly would enjoy the opportunity to work with you as you face these issues in Tallahassee. Let me just say a couple things about the special session and then kind of lead into a wrapup of that in what I perceive the dynamics will be in the upcoming regular session as the legislators head to Tallahassee two weeks from today to begin the -- the next session of the legislature. The legislative session just concluded around the budget cuts Page 40 January8,2002 which you're all familiar with. But essentially $1.3 billion was cut from the State of Florida's budget. Most of the -- those funds came from two or three areas of public service. Most notably, education, approximately 2 1/2 percent of education funds were cut or about $309 million of general revenue funding was cut from education. And then another 147 million was cut from human and health-care service areas. Both of these -- of course, both of these areas will have dramatic impacts ultimately on the people you serve. And ultimately, obviously, as this commission embarks upon its own local legislative agenda, obviously you'll want to keep in mind where the state may be headed on some of these issues. I, as I said, have had the opportunity to watch this commission from just down the road and many of the issues that you have dealt with, most notably in the area of transportation and human services. And clearly you've been very proactive in trying to determine ways to fund these issues here at the local level. As Tallahassee struggles with their own budget issues. These issues and your concerns are going to, of course, be more paramount, and ultimately the resolution you reach at the local level will have more dramatic effects as Tallahassee struggles to deal collectively with these issues. Another $155 million was cut from the general government-- excuse me, the criminal justice budget with about 57 million cut from general government and 39 million from transportation and economic development. Of course, again, I am aware of some of the initiatives that you've embarked upon dealing with transportation funding. And obviously as Tallahassee struggles to balance its budget, those issues will have significant ramifications on your own transportation funding initiatives, which, again, underscores the need for us to work together collectively between local and state governments. Just so -- setting the stage a bit, if you will, between what I see happening in Tallahassee, the variety of issues which the legislative Page 41 January 8, 2002 delegation is getting ready to -- to deal with, clearly this year is a unique year. They're beginning their legislative session in January of this year. Normally that's in March. The reason they're doing so is because of reapportionment. As you know, the Constitution of this state, in fact the Constitution of our United States, requires states to reapportion themselves every decade after the census. This year our legislators will struggle with that process. And that's a very difficult, intense process which is both partisan and personal to the legislative representatives that you and I will be dealing with. In the reapportionment session of 1982 and 1992, those reapportionment sessions went for about five or six months apiece. I can assure you that in all probability our legislative delegation will be in Tallahassee for an extended period of time this year dealing with that legislative issue. Compat -- confounding some of the issues that you're interested in will, of course, be the dynamics of the budget itself. In this morning's paper in Fort Myers, clearly there were more economic trends coming out of our nation's capital which would indicate that the economy is not improving an awful lot. That will, of course, affect the State of Florida. Our revenues are most notably dependent upon the sales taxes. It's very sensitive to the economic situation the country now finds itself in. And unless something changes drastically, I think that the -- the revenue picture in Tallahassee is going to be very difficult. It's going to be very lean. And so some of the issues that you're interested in will be that much more difficult to have funded in Tallahassee based upon those dynamics. And then, finally, the third issue which I think is an issue which needs to be underscored as we begin the legislative session in two weeks is the issue of tax reform. Clearly many of you individually are dealing with this issue, again, at the local level and looking for Page 42 January 8, 2002 innovative ways to fund some of the initiatives that you have. But tax reform is going to be an issue which Tallahassee will deal with significantly this year, most notably in the area of-- of sales taxes. Senate President Leader John McKay out of Bradenton has indicated that he is going to push for a whole review and, perhaps, even a constitutional amendment dealing with sales tax reform in this state. I didn't mention it in my introduction, but I think most of you know that I had the pleasure of serving in Tallahassee for many years as an elected official, for 16 years, in fact. And in the late '80s we went through this same argument of sales tax reform. And it's a very, very difficult issue for our legislators to wrestle with. It is, of course, the main source of funding for the State of Florida. And I would suggest that you do have a vested interest in the outcome of that discussion and will want to be involved in it very clearly. Where that goes is anybody's guess right now. The House has suggested some resistance to that discussion. The governor has yet to weigh in on it, and I don't know exactly, you know, where he'll be at this point. But clearly it's a very, very difficult issue given the economic parameters we all find ourselves in not only as a state but a nation right now. And that all ultimately comes down to you at the local level. I -- I know that sometimes it can seem that folks in Washington and Tallahassee are -- are insensitive as to how these issues affect you at the local level. But everything does ultimately roll downhill. And, of course, all of these issues will have significant impacts on the discussions that you've already engaged upon in the area of healthcare finance, transportation finance. And ultimately the decision will be yours as to what you want to do at the local level. My job, as I see it, is to help you deal with those state issues, help provide more alternatives for you at the local level, help provide economic assistance where possible, and certainly try to represent, as Page 43 January 8, 2002 best I can, your interest in Tallahassee. Just a couple of issues that I want to go in specifically. And then, Mr. Chairman, it probably would be appropriate to take some questions or, perhaps, a discussion between the -- the board and I as to where we might head on a couple of these issues. But I have had the opportunity to meet with many of you and certainly to meet with your staff on several occasions and to look at the legislative items you've identified that we need to be talking about in this legislative session. Fortunately, transportation in -- in a specific project at the Golden Gate Parkway expansion, that has been identified by the state in the Transportation Outreach Program, the TOP's program, as a priority. And that program is ranked sufficient enough that hopefully we can get funding this year for that particular project. I would remind you that there is a great amount of consternation, both in the Department of Transportation and in particularly the House Transportation Appropriation Subcommittee as well as in the governor's office about the ranking of those particular items on the TOP's funding list. And so while we have a very good ranking for Golden Gate Parkway which came out of TOP's ranking process, the ultimate decision, of course, lies in the hands of the legislature. And you and I will want to be working closely with the legislative delegation to make sure that that particular project is ultimately funded. You've also -- and, of course, I'm aware of your-- your own struggle to fund local roads here. I see it in Fort Myers. I see it in Lee County, and, of course, I see it down here. Obviously, transportation funding at the local level is critical for -- for all of us in Southwest Florida. And I commend you on your aggressive and proactive stance to try to deal with these issues. They are difficult. And we are all mindful of what the voters have suggested in the last Page 44 January 8, 2002 referendum in November in this county. If we can provide you some alternatives, that may, in fact, help both the local residents. It may, in fact, help you deal with the transportation issue. And one of those alternatives that I've heard talked about a bit is allowing the tourist tax or a one cent -- a portion of the bed tax to be utilized for transportation funding. That's an initiative which at least has been considered by the Florida Association of Counties. I would encourage you to work closely with that association in trying to help them identify that as a top priority, if in fact, it's where collectively this board would ultimately like to go. And it seems to me reasonable that we ought to be allowed to use tourist development dollars, to some extent, to relieve tourist transportation. Particularly as -- as I was driving down here this morning, I'm reminded of-- of how all of us in Southwest Florida see such a surge in transportation problems during the winter months. And so if this is an area that you want to focus on, we need to work with both our -- our delegation, again, as well as the Florida Association of Counties in highlighting this as a potential option. Another option is indexing the gas tax. Again, in the late '80s when we embarked on the discussion of a sales tax -- of sales tax reform in Tallahassee, we ultimately ended up with indexing the transportation tax with the State of Florida. It seems to me that we ought to be able to do that for local governments as well. Right now your gas tax is based upon a specific per-gallon amount, and it is not indexed, so there is no CPI or inflation increase. And, of course, you've been limited to that particular amount of taxes for a long time. Finally, I would encourage you to consider carefully before you adopt a real estate transfer tax. I see that as very difficult and perhaps improbable in this legislative session. While it has been suggested by some -- and the Florida Association of Counties has, again, looked at this as a potential transportation funding option -- it is not without a Page 45 January 8, 2002 lot of controversy. And so consider that one carefully as you -- as you move forward in your deliberations. Mr. Chairman, I know that particularly in the area of healthcare finance and in transportation finance, these are paramount issues to this board. I really look forward to working with you on these issues. I certainly, again, understand the local implications of these issues as it relates to -- to your constituency, and I thank you for the opportunity to not only speak to you here today but, more importantly, to work with you for favorable -- favorable resolution to some of these issues in the future. CHAIRMAN COLETTA: Questions from the board? COMMISSIONER CARTER: Mr. Chairman, if I might, Mr. Arnold, in terms of transportation, we know there's four items and one -- the one on the tourist tax and one pending was initiated by Commissioner Coletta and myself at the FAC, that it's moved to that -- to that point on the scale where it might be under active consideration to pursue. But if we look at the four categories you mentioned under transportation, correct me in this, but I would think the indexing would be the simplest one for us to get through the legislature. It seems to me like that's the least amount of difficulty being encountered there on the indexing side. The second one, perhaps, would be a chance of at least getting the thinking started would be on the tourist penny for consideration. The third one that we haven't talked about is the 7 percent administrative fee that has gone historically into an incentive fund that was initiated by Representative Goodlette. Now, that seems to be getting shifted and deferred. And our recommendation was to take that 7 percent and return it to the county of origin. And I think that administrative fee, if we could recapture that back into Collier County and use for transportation, it would be of enormous benefit to this -- to this -- to this county. I don't know where that stacks up. I Page 46 January 8, 2002 heard what you said about the last one, the real estate transfer fee. And because the real -- I'm sure the industry in Florida realtors will not be out there embracing that and giving it a big hug because they're not -- they're not going to go for that one. So maybe that is the lowest percentage chance we have. But I would like you to comment on the one on the 7 percent administrative fee and what opportunity you would see for us to get the legislatures to consider that and what -- what chance we might have to get that to happen. MR. ARNOLD: Sure, Commissioner Carter. I do believe your ranking of those transportation possibilities is, in fact, reflective of the political realities in Tallahassee. Clearly the transfer fee is an idea which has been considered before. There are real estate transfer taxes which are imposed in the State of Florida, documentary stamps. Generally speaking, doc stamps have not been used for roads. But clearly any expansion of transactional fees associated with real estate is going to be highly contentious and highly controversial in Tallahassee. And I think of all of the options we talked about, it's the least likely politically. Looking at the other three options, the most likely or the most feasible seems to be the indexing of the existing gas tax as it applies to the local level. That indexing has occurred for the state in its application of its own gas tax to a gallon of gasoline. Why can't we do the same thing at the local level? And it sort of begs the question as to why wasn't it done in the late '80s when we -- the last time we looked at this issue. In terms of the -- the tourist development taxes being used for transportation, I think the opposition to that or the potential opponents to that are obvious. In many areas where there is a significant amount of tourism congestion, you might find that the tourism industry will, in fact, support utilization of TDC revenues for transportation. Where Disney falls, where Universal falls, where Page 47 January 8, 2002 Anheiser Busch falls on these issues is at this point unknown. But clearly when we look at those three huge tourism players in the State of Florida, they have their own transportation issues. And it is conceivable that the tourism industry generally might, in fact, embrace the utilization of TDC revenues for transportation purposes, particularly in those areas that -- that tourists frequent in the winter months. Going to the last issue, the administrative fee in the Transportation Incentive Program, there is no doubt that that program has taken a back seat more recently to the TOP's program. The legislature has freed up a significant amount of revenue annually, about 100 to 120 million dollars on an annual basis to be spent for roads at the local levels. Fortunately for this county, a good friend of this commission's and of mine and of this county's chairs that particular committee, and he's been very, very sensitive to the issues affecting Collier County in the Transportation Outreach Program this year and has the potential to be very beneficial to Collier County. That -- that TIP, Transportation Incentive Program, seems to be -- and I -- and I don't want to speak for the legislature, but it seems to be taking a back seat to the TOP's program. And ultimately this year the success of that program is going to be dependent on legislative funding and whether or not the legislature would continue it. A lot of those proceeds from that particular funding program are used for right-of-way expansion. I would hope the legislature would continue to embrace already the good work that -- that Representative Goodlette has embarked upon, but that's unknown. And it doesn't seem to be a major reliever of some of the big transportation issues that you're looking at, unless, of course, it receives some reprioritization from the legislature this session. CHAIRMAN COLETTA: Mr. Arnold, if I may comment on some thoughts that I have, I think it's imperative that each Page 48 January 8, 2002 commissioner here on his own establish a rapport with Carol Green, Dudley Goodlette, Burt Saunders, Ralph Lazar, and Mr. Spratt up there in LaBelle. On your own, take your time to meet these people and seek them out every now and then so you can touch -- touch them at that point in time that we need them. Also, I would encourage you to participate in the Florida Association of County legislative day that takes place in February. It's very important that you start the process going. And I -- I think you would agree that the commissioners here in your -- need to interreact with the legislative body to some point because you're one person, and it might help if we could go up there and appraise the situation, interreact on our own on maybe a couple of days during the session. MR. ARNOLD: Mr. Chairman, if I may, I would absolutely agree with you. I'm not here to -- to supplant the efforts that you've already embarked upon as a -- as a -- as county commissioners and collectively as a commission body. I'm here to work with you. I -- I think collectively we can certainly make more progress on some of these issues than we can working separately. Clearly the local legislative delegation of which there's one member you left out, Mr. Chairman, Senator Saunders, but in addition to the ones that you mentioned, as well as Senator Saunders, each of you I would encourage to be actively involved with the Collier delegation, as well as, frankly, the Lee delegation, in -- in looking to them for help on these issues that really affect us all pretty much the same. And I think you'll find a sympathetic ear with the Lee delegation members as well. I will also say that there will be times that I really feel that local government input in Tallahassee is critical. I can represent you, but I'm not you. And so the voice of the elected body is going to be important to be heard in Tallahassee from elected representatives. CHAIRMAN COLETTA: Mr. Arnold, could you help to Page 49 January 8, 2002 coordinate our efforts when we go to Tallahassee so we could reach out and touch the people that are critical to our efforts here in Collier County to get the representation that we need? MR. ARNOLD: I would be happy to, Mr. Chairman. CHAIRMAN COLETTA: And also, too, I would suggest through the Southwest Regional Planning Florida Commission that we put together with the help of Wayne Daltry, a coalition of Lee County and a couple of other counties so that when we go to the Florida Association of County meetings next year, that we can help to make sure that our agenda items are carried forward. This -- this year we were successful to some limits, but I think Mr. Carter would agree that it was more straff-- staff driven than it was from the floor. And I think if we were able to coordinate an effort through the association -- through the Southwest Regional Planning Council, we might be able to have a much more magnificent effect over what's going to be the outcome. COMMISSIONER CARTER: Mr. Chairman, I would agree. And I would -- I would like to continue, with the pleasure of the board, to be a point person or liaison with all of these governing agencies, I mean, not only the state, but we've got congressional input and impact here too, for the best interests of Collier County. And if that's your pleasure, the pleasure of the board, I'd like to continue to participate in that role. CHAIRMAN COLETTA: Personally I think you've done an excellent job and try to involve each one of these board members as much as possible. COMMISSIONER CARTER: Yes, absolutely. COMMISSIONER HENNING: Jim, for the rest of the board members that would like to speak, I support Commissioner Carter's efforts working with Tallahassee and the congress. COMMISSIONER CARTER: Thank you, Commissioner Page 50 January 8, 2002 Henning. COMMISSIONER HENNING: And I think we need to keep abreast of what Senator McKay has to offer about tax -- sales tax reform and, at least, if the House and Senate are not going to take the initiative to be responsible for having enough money for the programs, then possibly taking a look at the sales tax exemptions and bringing it to the citizens of the State of Florida for consideration of -- I know one idea was taken from a 6 cents to a 4 cents and doing away with the exemptions. It's a political-charge issue. And if they don't want to deal with it, let -- let's take it to the citizens. Let them decide. COMMISSIONER CARTER: Commissioner Henning, you're absolutely right on that one. I listened to Dudley Goodlette run the numbers on this. And if you reduced it down to four and eliminated many of the sacred cows -- now, we're not talking about food, and we're not talking about medical services, but we're talking about the other sacred cows out there -- that you could reduce it to four and then end up with as much or more than than you currently have today. If you kept it at six, eliminated the sacred cows, you would have the shortfall and revenues picked up by the State of Florida to do what we need to do. So I think Senator McKay certainly is taking a courageous point in trying to initiate tax reform. What will survive the sausage-making process, I don't know. But it's certainly worth taking a hard look at. COMMISSIONER HENNING: And if you could keep us abreast on that issue and Senator McKay's efforts, maybe we can support some other efforts of-- of-- if they don't want to make the decision, let's take it to the people. COMMISSIONER CARTER: Okay. CHAIRMAN COLETTA: Commissioner Coyle, do you have anything? Page 51 January 8, 2002 COMMISSIONER COYLE: Yeah, just a comment. I think I earlier heard Mr. Arnold ask for guidance with respect to priority on these items. The board members have already discussed them. I just wonder if you still require a consensus of board concerning the priority of the items that the board has discussed. MR. ARNOLD: Mr. Chairman, if I may, Commissioner Coyle, the -- absolutely. And just to -- as a -- as a way of logistically dealing with this, first of all, I would encourage each of you individually to -- to work with me, to call me, to bounce ideas off of me and -- and I will want that, and I need that as I prepare myself for Tallahassee and representing your interests. But I like -- likewise would like to know that when I am dealing with you, whether it's on an individual basis or ultimately on whatever issues it may be that ultimately if I'm taking a stand in Tallahassee, I would like to know it represents at least the collective body of the wisdom. And so -- I mean, there -- we have to be flexible there, and I'm not suggesting that -- that you need to adopt a resolution every time we work on something, but I need, generally, to understand that this is collectively what the body wants, because you want that in Tallahassee. CHAIRMAN COLETTA: This is why it's going to be important you come back before this commission on a very regular basis because, of course, we can't collectively meet outside of this room. MR. ARNOLD: Correct. COMMISSIONER COYLE: Could we -- could we get a sense of the commission today that the priority should be essentially the priority that has already been outlined with the -- with the property transfer tax being well down on the list? COMMISSIONER CARTER: Well down on the list. But I think what I hear you saying is -- Commissioner Coyle, is that transportation is one of the number one, if not the number one, priority underneath our growth management overall goal in this Page 52 January 8, 2002 county. So subsequently I think our interaction with the legislature is to look at that list of possibilities that will assist us in meeting our number one priority in Collier County. So if I'm hearing you right, Commissioner, transportation in rank order of those four, and then we need to look at is tax reform the next one, what about healthcare in terms of what are we going to protect on that basis, what are our chances to affect any of that legislation as I'm listening to him and never losing sight of that great thing called redistricting of which the legislature is going to spend an enormous amount of time on. And if we don't do double time on that one, we're in big trouble because that affects us for ten years. COMMISSIONER FIALA: Well, I'm going up to the FAC in February and -- and during legislative days just to do that, to talk with everybody I can in favor of the redistricting, keeping us as Southwest Florida instead of cutting us up into pie-shaped little pieces. COMMISSIONER COYLE: Right. Well, if I could just recap, it seems to me that the items that the board discussed and the ones that have been brought up before by Commissioners Carter and Coletta include the indexing of the gas taxes, the use of tourist taxes for infrastructure, somehow getting a portion of the 7 percent administrative fee returned for the prop -- for purpose of-- of infrastructure, and investigating the reduction of the sales tax to 4 percent and eliminating exemptions. Is -- is that a fair statement of the priority that the board would like to see? And is that the way you see it? COMMISSIONER CARTER: I don't know. I think looking at the tourist -- maybe you said that, tourist tax, did you put that in there? COMMISSIONER COYLE: Yes. COMMISSIONER CARTER: I'm sorry. COMMISSIONER COYLE: It was No. 2 -- Page 53 January 8, 2002 COMMISSIONER CARTER: Number 2. COMMISSIONER COYLE: -- after indexing the gas taxes but-- COMMISSIONER CARTER: And the real estate transfer tax may be dead on arrival. COMMISSIONER COYLE: Yes. COMMISSIONER CARTER: So that is .just when it's there that if' it ever gets some legs, we can support it. That makes -- makes a lot of' sense to me. That's -- that's where we need -- need to be, along with the TOP's program to find out -- that's key here. There's some real struggles going on in the legislature over what that advisory group did in terms -- they didn't save their notes; they didn't do this. And there's -- and more of' it, I think, is politically motivated than is -- concerns with who kept notes. I mean, that's the smoke. It's just that some folks didn't get what they wanted out of. that, so they're coming back and trying to carve it out of'-- out of' people like Collier County. And that's where we've got to get in there hobnail, boots, and fight. MR. PERKINS: Here, here. COMMISSIONER COYLE: Did you get what you wanted? MR. ARNOLD: I think I did, Commissioner Coyle. And ir'that represents a consensus of. the board, then it certainly gives me some parameters to work with. The only caveat I would add to that is, obviously, when you look at the sales tax issue, that is a massively broad, enormous issue of. great political, you know, ramifications. I think, generally, what I -- I don't want to put words in your -- in your mouth, but what I'm interpreting your proposal or your motion to be is that we review the sales tax exemptions with no specificity tied to any specific exemptions at this point, but the legislative process should engage in some sort of. review of' the tax structure with elimination o£ those that don't make sense. And, obviously, as your Page 54 January 8, 2002 constituents come before you and say this one does make sense or this one doesn't make sense, you can amend it at a later date. COMMISSIONER COYLE: I think we understand the complexity of the sales tax issue, and I think we understand it will just take you a couple of weeks longer. CHAIRMAN COLETTA: You're going to give him two weeks. I thought that was very generous. I think we've got an interesting concept here. What we need is a point person to be able to keep the sales tax issue -- to be able to work on it -- no, I'm serious -- on the commission. Well, I was thinking Mr. Henning brought it up first, and he might wish to pursue this over the next couple of years, just to keep us appraised of what's happening. COMMISSIONER HENNING: I'll keep an eye on what's happening in Tallahassee with our representive. CHAIRMAN COLETTA: Thank you. That way, then, you could report back to us as things progress. And with that -- MR. ARNOLD: Do I understand Commissioner Coyle's suggestion to be a motion and a formal adoption of those issues or a recognition or -- COMMISSIONER COYLE: Consensus? COMMISSIONER CARTER: Board consensus? MR. ARNOLD: A board consensus or -- CHAIRMAN COLETTA: Mr. Olliff? MR. OLLIFF: Mr. Chairman, I do want to make sure that we continue to remember that there was a legislative delegation package that was put together previously by the board and approved that included a lot of-- of minor issues that you've not talked about this morning but some language changes to some -- certain animal control statutes and some other things like that that we've actually submitted bills for, and I think as a board you would want to continue to support those issues that you've already previously approved. Page 55 January 8, 2002 The other issue is in terms of if-- if you're actually going to start priortizing these transportation funding revenue options in terms of what's more important or what's -- realizes the greater return for Collier County -- your -- your transportation administrator and Mr. Arnold will probably verify this -- would indicate to you that that administrative fee issue is probably more realistic and has a greater impact for us in terms of this coming session than the possibilities of actually getting an additional penny or expanding the uses of the tourist development tax in this current session. I think it's something clearly still on the plate, something we continue to want to push, but the reality of actually getting that approved in this session as opposed to the administrative fee, it's just a switch in terms of your priorities that we would recommend as your staff. CHAIRMAN COLETTA: So the suggestion is we stick with the original program rather than trying to come up with a short list at this point in time. MR. OLLIFF: No. I think you need to continue to stick with your previous package, but also I think Mr. Arnold was looking for some direction on these specific transportation funding issues. And I think what we're recommending to you is, if you're looking for a prioritizing of those, it would be the indexing of the local gas tax, the CIG administrative fee being returned to local communities as your second priority and the TDC item as your third priority. COMMISSIONER CARTER: Mr. Chairman, I would say again, based on what you have given to me, direction and support, I would set with staff, Mr. Arnold review all of that and then come back in a FYI memorandum to the board. And then if there's need-- and we probably will want to have some discussion on it, that we could do that so we can incorporate everything that you have said here this morning in working with Mr. Arnold and then say this is what we think -- I think I've heard everybody say this morning and Page 56 January 8, 2002 this is where we want to go. And then at the next meeting you can say to me, wait a minute, we want to change this or that, that we can do that. CHAIRMAN COLETTA: I see at least four nods on it, four nods, five nods. COMMISSIONER HENNING: Do we have enough time? CHAIRMAN COLETTA: Well, we're moving forward as it is right now with what we have. Between now and February and when we show up there, we'll have a pretty good idea. COMMISSIONER HENNING: We also want to include the priorities that we gave to the delegation. COMMISSIONER CARTER: Absolutely. Absolutely. And-- and we will be -- I mean, these are regular sessions. But it looks to me like we're going to have some opportunities in between where we're together as a board. And that always can be put into -- as an update and questions or discussion by the board. CHAIRMAN COLETTA: Thank you. No other comments? MR. ARNOLD: I think that's fair and certainly gives me some direction, and I appreciate that because certainly that is needed as I go forward in Tallahassee. And as Mr. Olliffhas already indicated, you did previously adopt a resolution on these other issues which you took before the legislative delegation. And, of course, I'm assuming and you're reconfirming today your commitment to those issues, and those are ones we'll be working on. CHAIRMAN COLETTA: Mr. Arnold -- Commissioner Fiala, go ahead. COMMISSIONER FIALA: Thank you. I'm just going to get back, once more, to the redistricting, because I know that right now we're feeling that it's not going in our direction. And obviously that means that the dollars that we would like to see coming into our area Page 57 January 8, 2002 will probably be flowing to other places where they have more representation. I was wondering not only what you're going to be doing in Tallahassee to -- to try and -- and-- and encourage a block to stay together here for Southwest Florida so we are protected, but I was wondering what we can do to assist you. MR. ARNOLD: Thank you, Commissioner Fiala. I -- I can think of no issue which is -- in Tallahassee which is more intensely personal among legislators than reapportionment. It is a very difficult issue. It's parochial; it's partisan; and it's personal. It is clearly very, very difficult to predict what the outcome of reapportionment will be. I think the only thing we can do is continue to -- to evoke and, you know, respond to our own citizens and respond to our own desires that Southwest Florida be kept whole. I think our legislative delegation both in Collier, Lee, and, frankly, in Southwest Florida are supportive of that. On the other hand, the law is very clear. These districts have to be equal. And they have to have minority representation, and they have to be balanced politically, geographically, and eth -- ethically -- ethnically, excuse me. And so the courts ultimately enter into that equation in trying to determine what an appropriate balance is. I can tell you, having gone through this twice before myself, once as an administrative -- or excuse me, as a employee of government and once as an elected member of the legislature, it is very difficult. I will -- to answer your question about what I will do, I will continue to work with our legislative delegation to respond to the desires that you've already expressed that Collier County be left whole. That, I'm sure, is going to be well received by the Collier County legislative delegation in Lee and, really, as I said, in Southwest Florida. Page 58 January 8, 2002 How Dade County responds to that or Broward County or other areas is really unknown at this point, and I would say that it's something that I think you, as elected officials, are going to continue to have to be involved in substantially. COMMISSIONER FIALA: Well, if you sing to our legislators, of course, you're going to be singing to the choir. MR. ARNOLD: That's correct. COMMISSIONER FIALA: I just didn't know how you were going to be approaching the people on the east coast because they're pretty solidly wanting to pick apart all of-- we're also a donor county. And they just love to have our money -- MR. ARNOLD: Donees, yeah. COMMISSIONER CARTER: The east coast only wants us for their own selfish gain to put money on the east coast versus the west coast. I think, cut to the chase, bottom line, realignment, we want north and south. We've got too many people in Goss's district. We've got to give up something. We don't want to give it up to the east. And the initiative being taken by Republican party, Democratic party, and all interests in Collier County clearly indicate the position and the direction we're going. And as I went out as chairman of this organization, I did send a letter off to the governor that just reiterated these facts. But what it's going to take is enormous pressure out of the communities, e-mailing, writing, calling our delegations all over that we can work on and the governor. Remember, the governor is a big player in this. The governor, through the pressures put on A1 Cardeens (phonetic), the state chairman, can have an enormous effect on what happens here. And does the community have the will to take the interest to be heard? And right now, I don't think Governor Bush has gotten that Page 59 January 8, 2002 much pressure from the community that says do something. Everybody is kind of sitting back going, oh, well, they're going to redistrict; so what? Let me tell you I lived with that for ten years. Do you want to see the money supply dry up from Washington? You just let them cut us up, and you won't see federal money in here. And if you don't see federal money in here, how are we going to meet a 20-year road plan? You know, I mean, that's what the bottom line is. I'm not -- this -- this group understands. It's -- people in the audience probably understand it. I'm talking to our listening audience out there this morning. Write them; e-mail them; call them. Make your voices heard, and we'll do everything we can from our part. CHAIRMAN COLETTA: All right. Miss Filson, are there any speakers on this subject? MS. FILSON: No, sir. CHAIRMAN COLETTA: I'll entertain one more comment from the commissioner. Then we'll move on. COMMISSIONER COYLE: Yeah. I just want to expand on what Commissioner Carter has said. I -- I really believe that the driving force behind this -- behind this redistricting is personal, and I think most of the people in Tallahassee, if I understood Mike Carr correctly last night, are remaining neutral and just letting it happen. And I -- I think that the best way to win this fight is to convince the people who think they're going to benefit by carving up Collier County that they, in fact, will not benefit, but they will be punished. CHAIRMAN COLETTA: Backlash. COMMISSIONER COYLE: And-- and I would like to find-- and I don't have a solution to this. I'd just like to find a way to -- to get the people to convey that message to -- to our east-coast representative that -- that things aren't going to be all that great for him if he starts carving up this county. Mike Carr has already gone on record as saying he's not going to work for him. And so I don't Page 60 January 8, 2002 know where that -- that representative would -- would expect to get his support over here. And I think it will damage him more than hurt him. But how do we get that message out? Do you have any suggestions? MR. ARNOLD: Commissioner Coyle, I think that is -- I mean, just as -- you don't have a magic wand to wave there; I don't either. I would suggest that none of us have seen the real reapportionment maps yet. Those just haven't been produced. How do we -- how do we effectively communicate our issues to Tallahassee? I think it's going to be with the public responding aggressively, as you pointed out, that there might be retribution. In fact, if-- if there is a carving up of-- of Collier County to go to other -- to the east part -- to the eastern part of the state, I think that we're going to have to actively pursue our interest in Tallahassee with the elected officials who represent us, try to have some impact on those who do not represent us, which is difficult, Commissioner Fiala. It is very, very difficult, because they're looking at their own constituents and their own communities who are saying something altogether different than what we're saying. And I think ultimately we also have to bring in the business community here in Collier County that has and can have an enormous impact on this. You're right, Commissioner Carter. The governor has yet to suggest what he believes on this. Interestingly enough, the governor does not have veto powers over legislative reapportionment, although the governor does have veto powers over congressional reapportionment. And that's a bit of what we're talking about here. So there is a role ultimately for the governor to play. COMMISSIONER COYLE: Would a proclamation by this board be of any value at all? Page 61 January 8, 2002 MR. ARNOLD: Oh, I think -- first of all, I think that's just the first step, and I think you should take that step and listen from a Collier County perspective, this is not Republicans versus Democrats or liberals versus conservatives. This is Collier County unanimously suggesting that we want to be held together in reapportionment next year. And so I think you have a golden opportunity to embrace those plans which have been brought to you by both the Democratic party and Republican party of Collier County and to suggest that to our east coast friends that carving up this county is not appropriate. COMMISSIONER CARTER: We did a resolution, Commissioner Coyle, and took that to the delegation to say we shouldn't do another one, heck no. I think do it again, we might even get more specific. COMMISSIONER COYLE: I'd just like to send it to the representative across the state, make sure he understands. CHAIRMAN COLETTA: I think it's an excellent idea. COMMISSIONER CARTER: I think money and votes is the best way to get to folks. CHAIRMAN COLETTA: If I may suggest, do I have the nods of commissioners to have this brought back? And-- Mr. Olliff? MR. OLLIFF: Mr. Chairman, just to try to put a string around this, because I think Mr. Arnold would like to have a little -- nice little bundle when he leaves here to know what it is that we've tasked him with, perhaps a motion today that Commissioner Carter and Mr. Ochs could then craft up into an actual letter for Mr. Arnold that would clarify all of it for him that the board could look at. And should you have any exception to the letter, then we could bring it back at the next meeting. It would allow us to leave here with a decision being made. COMMISSIONER HENNING: So moved. COMMISSIONER COYLE: Second. Page 62 January 8, 2002 CHAIRMAN COLETTA: I'm suggesting you might warn to include Mr. Carter will remain the point person. MR. OLLIFF: Let me -- if I could, I'll just go through the quick points. I think what we heard today was the board's authorization for Commissioner Carter to act as the BCC's liaison for legislative issues; to author-- authorize Mr. Arnold to pursue, in addition to the previously approved legislative package, specific retention of the TOPs funding for Collier County's Golden Gate road project; and pursuing alternative transportation funding of indexing administrative fees being returned to the local government, TDC funding, in that order; and, finally, providing updates -- and I would suggest through Commissioner Henning -- on activities related to sales taxes and changes to the state sales tax. And with that, I think we could probably just summarize that, put it in writing for Mr. Arnold with the assistance of Commissioner Carter and Leo. CHAIRMAN COLETTA: Is that within your motion? COMMISSIONER HENNING: Yes. CHAIRMAN COLETTA: Do I hear a second? COMMISSIONER COYLE: Yes. CHAIRMAN COLETTA: We have a motion, a second. Discussion? (No response.) CHAIRMAN COLETTA: All in favor signify by saying aye. (Unanimous response.) CHAIRMAN COLETTA: Those opposed? (No response.) CHAIRMAN COLETTA: The ayes have it, 5 to 0. MR. ARNOLD: Thank you, Mr. Chairman. I look forward to working with you. CHAIRMAN COLETTA: It's been a pleasure working with you, Mr. Arnold. We're going to take a ten-minute break now. I see Page 63 January 8, 2002 our reporter -- recorder there is ready for a break about a half an hour past due. (A short break was held.) Item #6B COUNTY ATTORNEY TO WORK WITH THE CONSERVANCY REGARDING A RESOLUTION SUPPOPRTING THE FLORIDA FOREVER PROGRAM TO BE BROUGHT BACK TO THE BOARD- APPROVED CHAIRMAN COLETTA: Please take your seats. We're going to return to the regular agenda now, which would be 6 -- 6(B), request by The Conservancy of Collier County for the board to consider a resolution supporting the Florida Forever Program funding. MS. HORTON: Hello. My name is Nori Horton with The Conservancy of Southwest Florida. And we would like the board's permission to rework this resolution with the help of staff and then present it at the next meeting, the 22nd of January, I believe. COMMISSIONER HENNING: Motion to continue? COMMISSIONER CARTER: Motion to table, is that what I'm hearing, Commissioner Henning? COMMISSIONER HENNING: A motion to continue. COMMISSIONER CARTER: I'll second that motion. MR. OLLIFF: Well, I think the real request here is whether or not the board is supportive enough, at least to the concept of this, to have your county attorney working with The Conservancy to develop some language on a resolution for you to consider at your next meeting. COMMISSIONER HENNING: As long as the funding doesn't Page 64 January 8, 2002 affect unfunded mandates that come down to Collier County and the school, I'm very supportive of it. MS. HORTON: Well, basically, we just want to work to ensure the protection of Florida Forever funds. As you may know, last year in the 2001 regular legislative session, 75 million was diverted from Florida Forever to Everglades Restoration which is a program independent of Florida Forever. And with the economic crisis of this year, we're -- you know, we're afraid that that might happen again. And we'd also like for that 75 million to be repaid in a timely manner. I don't know if you know this, too. Florida Forever, they have rankings, and the A-list projects receive funding. And Collier County has four A-list projects. And those are Belle Meade; CREW; Save Our Everglades, which includes the Golden Gate Estates; and Fakahatchee. And so we do have four programs that receive funding. And we think it's very, very important that Florida Forever is protected. So basically we want to work with staff to come up with a resolution that protects Florida Forever funding. COMMISSIONER FIALA: Well, I would like to make the move that we at least work with staff to form -- to put together a resolution and then bring it back to us. I would like to make that motion, please. COMMISSIONER CARTER: Second. CHAIRMAN COLETTA: We have a motion and a second. Discussion? COMMISSIONER HENNING: Yeah. We already have a motion. Do you want me to withdraw my motion? COMMISSIONER FIALA: Oh, I'm so sorry. CHAIRMAN COLETTA: Your motion was to continue it. COMMISSIONER HENNING: Right. Page 65 January 8, 2002 CHAIRMAN COLETTA: continue. We have a second-- COMMISSIONER CARTER: depending on which one you like. Okay. We have a motion to I seconded both of them, CHAIRMAN COLETTA: Okay. Motion to continue does not require staffs participation in any way; that's correct? COMMISSIONER COYLE: But we can also make it -- COMMISSIONER HENNING: Why don't I just withdraw my motion. COMMISSIONER CARTER: I'll withdraw my second. CHAIRMAN COLETTA: Okay. Then we're back to commission -- Commissioner Fiala's motion to direct staff to work with Conservancy, and we have a second for that? COMMISSIONER CARTER: Yes, sir. CHAIRMAN COLETTA: And discussion? Commissioner Henning? COMMISSIONER HENNING: Does that include that it doesn't affect any other funding sources? COMMISSIONER COYLE: It doesn't result in a reduction. COMMISSIONER FIALA: Doesn't result in a reduction; yes, it does. They're going to be forming a resolution for us, and it will incorporate that. COMMISSIONER HENNING: Okay. CHAIRMAN COLETTA: Is that okay? COMMISSIONER CARTER: Yes. MS. HORTON: We already have a resolution, but we thought we could more fine tune it and present it in a more positive manner if we worked with staff, maybe include some more concerns that you have in there. But, again-- COMMISSIONER FIALA: So you'll be able to do that with this resolution? Page 66 January 8, 2002 MS. HORTON: Right, right. CHAIRMAN COLETTA: Is there any speakers on this particular item? MS. FILSON: Yes, there is. We have three speakers. The first one is A1 Perkins. He will be followed by Nori Horton. MS. HORTON: I am Nori Horton. MS. FILSON: Oh, okay. He will be followed by Cathy Myers. MR. PERKINS: Good morning, ladies and gentlemen. I'm back again. I didn't go away. Good morning, Commissioners, for the second time. I hope you people listen, because we're talking about your money, your money. Now, as far as this Florida Forever Program, I wish the cash cow, considered Collier County, to tell Jeb Bush that no way are we going to support any of this, because they look at us as a means of revenue. Now, how do you get his attention? Well, I know how to get his attention, which you guys already know that, but you need to get his attention. Now, Jeb Bush and George W. has come here and milked this place damned near dry. And they'll promise you anything that they think you'll believe. But when it comes down to producing it, they kind of side asteps and they forget it. Oh, I can't recall that. You need to take and get on board this because Jim Carter said it this morning. We can get the message across if you get their attention. One way to get their attention is to take -- I suggested it to you. You said the east coast. Get on public access television over there and present your -- your situation to the people of Broward, Dade, and Palm Beach County. It's readily available. All you've got to do is bend a little arms. But coming back to this, you want to keep this county and Lee County in the same districts. Keep it. I'm not going to listen to somebody from the east coast telling me how I should live my life Page 67 January 8, 2002 over here, yet I should send my money over there. Come on, people. Wake up. Now, The Conservancy. I have no love for The Conservancy at all, which you guys should know over a period of time. The Conservancy is a 501-C-3. It's a charity. It's just like the charity up in New York, the Red Cross. They're a political charity, which is a no-no. But they get away with it. They're above prosecution. In your packet this morning I gave you documentation to that effect. But what happens? They bought them off. They bought it off. And you're going to find that there's corruption. There's extortion. There's collusion involved in all of this stuff. Send the message to Jeb Bush that you're not going to participate because he's not willing to participate with you guys or his cabinet unless he needs you for money and for the votes. Out of their office up there -- and this is a quote, unquote -- Collier County and Lee County is a very powerful political Republican area who comes up with the bucks every time and comes up with the votes. You're not going to get that from Broward, Dade, and Palm Beach. I'll tell you that right now. You need to take and flex your muscle. You guys got one? Use it. Stop being a little wimp about this crap with these people because they're not -- they're going to turn on you the first chance you get, say yes to you, whatever you're hearing, and turn your back and do whatever they want. Please, Jim, I hope you take and use the initiative and -- and get a set of fangs and go after those people up there. They need to be, just that simple. With that, I will conclude. I don't think I missed any -- oh, one other thing. Justo Morera came up with a good idea; get the trial of Miller Boulevard on television, complete, so everybody can see in this county where their money's going, who's getting it, and just how they're manipulating, because when you withdraw property off the Page 68 January 8, 2002 tax roll, somebody else in this county makes up the difference. Just that simple. Read the books, people. Pay attention. Go to the meetings. Please, go to the meetings. And you've got one thing going -- two things going for you. And listen up. The only two things you people got going for you is your voice and your vote. Use both of them. Thank you. COMMISSIONER CARTER: Thank you. Maybe now you'll give me your meanest goose you've got on the farm. I'll take him with me, and we'll rename him the AWAC goose, cut him loose up there. MS. FILSON: Your final speaker is Cathy Myers. MS. MYERS: I thought it was about Sabal Palm Road, the whole meeting was about that. I don't know if it really was or not. That's what I wanted to speak about was Sabal Palm Road. I mean, Miller Extension and that, that's what I thought it was about. COMMISSIONER HENNING: That's decided, ma'am. We don't have that on our agenda. MS. MYERS: That's what I just found out. CHAIRMAN COLETTA: I'm sorry. You missed the opportunity in the beginning to do so, but I'm going to allow you to go ahead and speak for three minutes on the subject, if you'd really like to. MS. MYERS: I would like to, you know -- CHAIRMAN COLETTA: Please go ahead. MS. MYERS: I -- well, it's like this: I've seen a lot of construction work being -- going on on Pine Ridge Road and other roads that we really shouldn't be working on right now instead of letting Miller Extension get through. I mean, all the money that you guys been putting out on these other roads you could be putting on Miller Extension and Sabal Palm Road instead of throwing the money away, digging up. Like Pine Ridge Road has been dug up Page 69 January 8, 2002 three or four times that I've known of since I've been here in Florida, and I've been here since '68. And it's been remodeled three times I know of. And all the times you guys remodeled that, you guys could have had Sabal Palm Road done three times or Miller Road done three times. And instead you guys keep building, tearing up these other roads and letting these other ones get run down, and people, like my husband, drive down the road. And you guys tear up signs, you know, like stop signs, pull them up. And people get killed, and nothing is done. And what's going to happen is, some -- you guys are going to let things keep going like it is, and somebody else is going to get killed out there one of these days. That's what I'm trying to prove, you know, like -- I -- I had some -- something I wanted to say different, but it's getting all bumbled up. In other words, they -- you guys should get those roads through before somebody else gets killed out there is what I mean. And I'd hate for some -- some poor innocent kid on some four-wheeler or somebody in a car driving down there and getting killed like mine did and stuff like that, you know. It would be nice if those roads were through so somebody could get out there. That's all I got to say because I really thought that it was something else about the meeting. CHAIRMAN COLETTA: Our sympathy is with you. And if sometime you would like to arrange a personal meeting with me, I would love to talk to you. MS. MYERS: Anytime. I'll give you my phone number. CHAIRMAN COLETTA: See my secretary. Whatever is convenient for you. MS. MYERS: Okay. CHAIRMAN COLETTA: Thank you. That's it for the speakers. Any discussion on the motion that's before us? Page 70 January 8, 2002 COMMISSIONER FIALA: Well, I'll just say one more thing. As we watch all of this redistricting coming to the forefront and -- and we know that our -- our dollars can fly away from Collier County, we see right here where they did last year. And we want to do everything we can to keep whatever dollars that -- that we donate to to come back here to us instead of just being strictly a donor county. So I -- I -- I'm glad that we've had a motion to -- to work with staff to form a resolution, and I hope we move forward with this. CHAIRMAN COLETTA: Any other comments? I'll call for the motion. All those in favor indicate by saying aye. (Unanimous response.) CHAIRMAN COLETTA: (No response.) CHAIRMAN COLETTA: Those opposed? Five to zero, the motion passed. Item #7A RESOLUTION 2002-07 REGARDING VA-2001-AR-1207, DOUG SCHROEDER, REPRESENTING COCOHATCHEE NATURE CENTER REQUESTING A 30-FOOT VARIANCE FROM THE REQUIRED 30-FOOT REAR YARD TO 0 FEET; AND A 5-FOOT VARIANCE IN THE WIDTH OF THE LANDSCAPE BUFFER ADJACENT TO TAMIAMI TRAIL NORTH FROM THE REQUIRED 15-FEET TO 1 O-FEET FOR PROPERTY LOCATED AT 12345 TAMIAMI TRAIL NORTH- ADOPTED We're going to move right on to the next item which, if I'm not mistaken, is 7(A), and we're going to -- it's going to require that anyone that wishes to speak on this matter stand now and be sworn in. (The oath was administered.) Page 71 January 8, 2002 CHAIRMAN COLETTA: Thank you. COMMISSIONER CARTER: Mr. Chairman, before we start, how many speakers do we have on this subject? MS. FILSON: We don't have any speakers on this issue. COMMISSIONER CARTER: Have members of the board been briefed on this? Is it really necessary for a presentation, or do we all have sufficient information? CHAIRMAN COLETTA: Well, we could work it backwards. You could make a motion, get a second, and we'll see what there is for discussion. COMMISSIONER CARTER: I would like to make a motion for approval. COMMISSIONER COYLE: I'll second. CHAIRMAN COLETTA: We have a motion and a second. We'll open it up for discussion. COMMISSIONER FIALA: I haven't been briefed on it. All I had was this (indicating). CHAIRMAN COLETTA: No, that's fine. At that point in time I -- would you go ahead with your briefing. COMMISSIONER HENN1NG: Commissioner Fiala, do you have any questions of staff on this item? COMMISSIONER FIALA: Yes, I -- I did have some questions. Hold on just a minute. As a matter of fact, oh, yes, I did ask one of these questions when I had somebody come into my office, and that was about the environmental council. It -- in our -- in our summary packet, executive summary, on page 2 it had said the Environmental Advisory Council recommended approval by a unanimous vote, and yet on the very next page it said the Environmental Advisory Council did not review this petition. And I was wondering why the complete opposite was said on one page rather than another. But I later found out they approved the first one, but then the second -- second one that Page 72 January 8, 2002 came forward they didn't have to hear because they already approved; right? MR. REISCHL' Fred Reischl, planning services. That's correct. This petition has gone through a conditional use with unanimous approval from the EAC. Variances are typically not heard by the EAC, and they did not hear this one. COMMISSIONER FIALA: Uh-huh. CHAIRMAN COLETTA: Forgive me. One thing I didn't do -- and I know this is out of order -- I didn't get into disclosure, and I'll start with Commissioner Carter. COMMISSIONER CARTER: Yes. I have met with petitioner. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: No. I just -- staff came in, and I asked this question. They didn't come in and talk to me about it. CHAIRMAN COLETTA: My meeting was limited to staff also. COMMISSIONER COYLE: And I talked with Mr. Schroeder over the telephone, the petitioner. COMMISSIONER HENNING: item. CHAIRMAN COLETTA: questions of staff or -- COMMISSIONER FIALA: this. I just talked with staff over this Thank you. Is there any other I'll tell you, I'd really like to hear CHAIRMAN COLETTA: Okay. There's absolutely no problem. We'll, of course, hear it to the whole issue. Proceed. MR. REISCHL' Fred Reischl. This is a request for two variances on a parcel that was, as I said, previously approved for a conditional use and an ST development permit. As you can see on the visualizer, it's on U. S. 41 basically sharing the same island with -- I guess the most common landmark would be the Pewter Mug restaurant. And a portion of this island, approximately just to the Page 73 January 8, 2002 west of U. S. 41, is upland. And that part of the upland the petitioner wishes to have a ecotourism business on, and that was approved in 2000, both the ST and the conditional use. So the use has been approved. Upon doing his site planning, he found that the -- I'll show you the site itself. It's minimal impacts, but even with those minimal impacts, it was tough to get the whole thing on the -- on the upland part without -- without impacting more of the wetlands. The Land Development Code says that for tidal wetlands, nonresidential structures can come up to a zero lot line, and that's what's happening on the north side and the south side. However, on the west side, which is the rear of the property, the wetland line comes right up to and even a small little impact onto what was approved for the conditional use. Technically we could have stated that that is also tidal wetlands and that the setback is zero. However, those wetlands are forested with mangroves. We decided to be more conservative, and we recommended that he go forth with a variance on that portion of the property. So where the side yards meet water, we said that that met the intent of that portion of the Land Development Code that says you can have a zero setback where it meets wet -- technical wetlands that have mangroves on them. We took a conservative approach and said, "We'll let the board decide on that, but we are recommending approval." The second variance is for the landscape border in front of U. S. 41. He's asking -- the petitioner is asking for a reduction from the required 15 feet to 10 feet. Our landscape architect has reviewed this, and she has suggested -- suggested additional landscaping on the sides and in other locations on the property, as you see in the resolution. And with that, she is also recommending approval of the buffer variance and -- along 41. And the planning commission Page 74 January 8, 2002 recommended approval by a 7-to-1 vote. COMMISSIONER FIALA: Because some of my questions were, if you're building an ecotourism facility and then you're -- you're not being terribly kind to the environment, is it -- you know, one kind of doesn't work with the other, and that's -- that was my concern. I haven't been approached by anybody. I haven't heard anybody disagree with it. I just felt that what they said in here someplace was something about they wanted to build a desired building. I would guess they wanted to put as big a building as they could on as little piece of property as they could. And I just felt that maybe the buffer should be what we -- what we permit, what -- what is allowed for everybody else. Why should an ecotourism facility be able to push back the buffer when everybody else has to tow the line? It just hit me a little bit funny. But then I understand you guys have -- have recommended approval for this little back part here, right, for the -- MR. REISCHL: For both. COMMISSIONER FIALA: -- for both of them. It just hit me funny. But -- so I just wanted to hear your presentation. COMMISSIONER COYLE: Well, I do have a question in addition to that. You called this an ecotourism business. MR. REISCHL: Yes. COMMISSIONER COYLE: Now -- now, my understanding is that it was a nonprofit ecotourism venture for the purpose of teaching children about the -- the ecology of the area or about nature in the area. Which interpretation is correct? MR. REISCHL: I believe they both are. Mr. Schroeder did a good explanation in front of the planning commission. If you wish, he can make the same presentation to you. He will have groups coming in from schools and camps, etc., for no charge, but he will also have guided tour boats through the wetland system in the area Page 75 January 8, 2002 for -- for a fee. COMMISSIONER COYLE: So is it a business or not-for-profit organization? Is it a for-profit business or a not-for-profit business? MR. REISCHL: It's registered, I believe, as not-for-profit. COMMISSIONER CARTER: I think we need to have the petitioner -- MR. REISCHL: I'd be more comfortable with the petitioner. COMMISSIONER CARTER: -- come to the microphone, answer those questions. It would be my assumption it works pretty much like The Conservancy. You pay to take tour tours in there; you pay to use that stuff. It's still a not-for-profit organization, and they do things free to educate children. petitioner. I think he can -- COMMISSIONER COYLE: So I'd like to hear from the Well, if that's correct, that answers my question. Is that -- okay. Thank you. CHAIRMAN COLETTA: Any other questions for staff?. COMMISSIONER CARTER: No, sir. I would call the motion when you're ready, Mr. Chairman. CHAIRMAN COLETTA: All those in favor indicate by saying (Unanimous response.) CHAIRMAN COLETTA: (No response.) CHAIRMAN COLETTA: Opposed? It passed 5 to 0. Item #1 OH STAFF TO PREPARE A SCOPE OF SERVICES AND ISSUE A REQUEST FOR PROPOSAL FOR THE DEVELOPMENT OF THE NAPLES PARK COMMUNITY PLAN - APPROVED Page 76 January 8, 2002 I'm going to take the chairman's prerogative and move down to H -- 10(H). COMMISSIONER HENNING: Great idea. I was going to suggest that. CHAIRMAN COLETTA: Thank you for suggesting it. COMMISSIONER HENNING: We'll get these Naples Park people back out to their neighborhood and do things that they do best. CHAIRMAN COLETTA: Get them out of here in time for lunch. COMMISSIONER CARTER: time for lunch. We all want to be out of here in MR. TAYLOR: Good morning. For the record, my name is Amy Taylor, and I'm here to -- to forward a request from the community of Naples Park and a recommendation by staff to prepare a scope of services and issue a request for proposals for a Naples Park community plan. As many of you are very knowledgeable of, the basis for a -- the Naples Park interest and a community plan process in general has been the Dover, Kohl study that was completed and reviewed by this board at a workshop in June of this year. Highlights of a community plan process in general can accomplish many things and have specific characteristics, specifically community involvement. Naples Park has -- in particular, has proven and-- and they're -- they're strong interests and actually has participated with the development of-- of specific improvements that could be made for maturing neighborhoods throughout Collier County. So they -- they were used as a model for community planning process. And to be supportive of their activities, the county can -- can continue to -- to -- as far as staff and -- and using a -- consultants help them to assist in helping themselves. Some of the typical improvements that you might see in a -- in a Page 77 January 8, 2002 community plan that would be formulated would -- would be parks, sidewalks, landscaping, improved interconnectivity, and access to shopping and -- and businesses and residences. Naples Park is one of a -- is a -- is a prime example of some of our maturing neighborhoods in -- in Collier County, and they were established before -- you know, before our typical PUDs where we had specific planning for, you know, landscaping and different locations to different services and so forth. They're a beautiful neighborhood, well-established community, but they just need certain cosmetic improvements, as well as functional improvements. The funding mechanisms for improvements would also be included in the community plan. The community, in particular with Naples Park, is willing to step up to the plate and say, "I want to -- I want to begin to participate in my neighborhood and to work in my neighborhood and improve my neighborhood. And, County, will you assist me in coordinating those efforts?" What would be part of the plan is how the -- the community can continue to assist themselves in determining funding mechanisms for themselves and also coordinate any existing Collier County programs and improvements that may be underway or planned in the near future so those can all be coordinated with what Naples Park wants to do for themselves. Another aspect of the community plan would be a zoning overlay. And this would be looked at for Naples Park to look at some of the types of land uses, how the commercial is -- along 41 can be improved and -- and more tied in with the residential area for mutual benefit in terms of-- of connectivity and types of uses. The other aspect would be where would parks and other services be located within Naples Park if-- if the community wanted it. A primary goal of Naples Park and any community plan process would be to provide a mechanism for improvement and enhancement Page 78 January 8, 2002 of the property values, the function, the livability, and the commerce for those citizens who live and work in Naples Park. If you have any questions, I'd be happy to answer those for you. COMMISSIONER CARTER: Commissioner Coletta, Mr. Chairman, I would like to move for approval -- MS. TAYLOR: Okay. I'm sorry. COMMISSIONER CARTER: -- of this. The only change that I would make is to bring this back, back these proposals to the board to make a decision. I'm just like a good priest. I'm not asking for your support. I just want your cash. And that's -- that's -- that's where I am. Graciously, Commissioner Henning, in our budgetary process allowed the funds that could have been used in his district to buy two lots in Naples Park to establish the -- establish a park. They were first in line. They were a subject of the -- of the study. The board made a commitment to these areas in June. And so I would like to follow through on that as, maybe, the pleasure of the board to do this so that we could move forward and begin to make this happen for a community that has been very patient, who has pushed me to a great deal to get this thing, really, to get going. And I think it's now time for us to -- to do that. COMMISSIONER HENNING: I'll second that motion -- COMMISSIONER FIALA: Oh. COMMISSIONER HENNING: -- with some questions. CHAIRMAN COLETTA: We have a motion and two seconds. COMMISSIONER HENNING: The question is, this is funds that was earmarked from community development; am I correct? MS. TAYLOR: No. From the general fund. COMMISSIONER HENNING: It is general fund money. MS. TAYLOR: Yes. COMMISSIONER HENNING: Can Naples Park establish a Page 79 January 8, 2002 CRA area without having a plan, a detail -- MS. TAYLOR: A plan is required for a CRA -- COMMISSIONER HENNING: And that's state statutes? MS. TAYLOR: Yes. A redevelopment plan of some sort has to be a component of the -- establishing a CRA or an area within the CRA. COMMISSIONER HENNING: So what about if you had a redevelopment within the Land Development Code? Is that sufficient enough to create a CRA? MS. TAYLOR: It wouldn't have the level of detail that would be required by state statute. State statute requires a blight study, an examination of the needs for improvements, and also a plan to -- to address those issues. So that would need to -- COMMISSIONER HENNING: Gotcha. Now, I understand that we are still holding in retention Dover, Kohl. Would -- they would be possibly be consultant team? MS. TAYLOR: We don't have them in retention. A part of their contract was that we could -- we could extend their contract. It would have to be initiated by the board and approved by the board to do that. But that was part of their original contract that, if, indeed, it -- it could be extended with the new scope of services and so forth. But that -- but that's entirely up to the board. What -- what we would do is prepare the scope of services, issue a request for proposals to as many venders as possible that we feel are -- are qualified, and -- and bring those proposals -- evaluate them with the help of Naples Park, and bring those to the board for-- for approval, along with a contract for a specific amount. COMMISSIONER HENNING: Just one other thing. I don't know why we couldn't use community development funds for something like this. It is development of the community, actually the redevelopment. So I would like to take as -- see how we could get Page 80 January 8, 2002 creative and look at instead of taking it from the general fund-- COMMISSIONER CARTER: A great question. I think Mr. Olliff and Mr. Weigel need to comment. MR. OLLIFF: I think you're going to have to get -- historically we've always been under the impression, at least, that the development fees that are generated are required to be used for the process of the review and the issuance of the permits associated with development. Whether or not that can extend to a specific community overlay-type plan or not, we would probably have to do a little research and see, looking at, perhaps, some other communities. But historically we have always done these type of projects out of either the unincorporated or the county-wide general fund. MR. WEIGEL' Mr. Olliffs correct. And we can provide some research, but absent some research that would give us more flexibility than I think he and I recall or have reviewed, the answer initially would be to the negative, that you could not use those funds. But we'll look at it again to see if there's anything to provide us the authority to come back to you with a different answer. COMMISSIONER HENNING: I think that we need to get creative. COMMISSIONER FIALA: I was just going to comment on that. I was just going to say that just because we've always done it that way doesn't mean we always have to do it that way, first. Number two is I just love it when somebody pulls down the paradigms, as you did, Commissioner Henning, and say, "Let's look at it in another way." I'm in full support of that. CHAIRMAN COLETTA: Would you like to include that in your motion? COMMISSIONER CARTER: all. I think it's a great suggestion. CHAIRMAN COLETTA: I have no problem with that at Second? Double? I'll give the Page 81 January 8, 2002 second to you. MS. FIALA: Okay. CHAIRMAN COLETTA: Would you include it in your second? COMMISSIONER FIALA: Yes, I -- I will include that in my second. CHAIRMAN COLETTA: Any other questions of staff?. We have four public speakers. COMMISSIONER CARTER: Anybody want to talk us out of it? MS. FITZ-GERALD: No, no. MS. FILSON: The first public speaker will be Vera Fitz-Gerald, and she will be followed by Russell Tuff. MS. FITZ -GERALD: I'm Vera Fitz-Gerald from Naples Park. We just had a couple of comments. Believe me, this is not one of those long-winded speeches. I'm just going to read this. We in Naples Park are pleased to be considered as the first neighborhood to receive planning assistance for the implementation of the Dover, Kohl community character study. As an older neighborhood, we believe we need -- re -- revitalization rather than redevelopment one lot at a time. You've seen some of that happening. Help in developing a community character plan tailored to Naples Park needs is essential, and we request that you approve staff's recommendation for providing resources for this effort. Mr. Chairman, we and Naples Park would -- really do thank each and every one of the commissioners that we have met with, and we want to thank you for your support and for your recommendations, your advice. You have been most helpful, and we're very grateful. Thank you-all. CHAIRMAN COLETTA: Thank you. Mr. Tuff. Page 82 January 8, 2002 MS. FILSON: Mr. Tuff will be followed by Erica Lynne. MR. TUFF: Good morning, and Mr. -- Dr. Carter, you can relax. I haven't moved to North Naples so -- COMMISSIONER CARTER: Oh, I was hoping you would. I like your style. MR. TUFF: Oh, I was just here to show support for the North Naples project and -- and what has that got to do with me? But I -- if you look at Naples Park and you look at Golden Gate, they're both very similar. They've been -- you know, we had things there in '65, '67 and on. And some of those areas are -- well, the population is going there, and the population is coming to us. It's happening in both areas. And I believe that right now in Golden Gate we are probably at the most critical stage in which direction we go for-- forever. And we have some blighted areas in our community that will either become worse, or they will -- we can take some big steps to -- to move forward. And that's why they're talking about the CRA funds and things like that. And-- and our community -- I guess I came here unprepared. I'm not representing anybody because I didn't get a chance to get approval for anybody, so this is -- this is me. But I -- I believe I could gather some support if I needed to. And the chamber has recognized what a critical stage they're on, in the process of. And the ZIP Code of just Golden Gate of 34116, there's over 1200 businesses registered. And there's not-- I don't believe -- I don't know the actual numbers, but I don't believe there's 200 storefront -- fronts. And so what's happening is they're interviewing the new business community to see what -- how do we make some things happen, and maybe we can through these -- if we could have better thought process behind it as far as maybe we could put the two together and make some things in our community get nicer and make Page 83 January 8, 2002 everybody happier. And-- because there's some -- Dover, Kohl came up. There's some suggestions prior to it which I believe it would be very appropriate in cleaning up our community. And we've got really nice things happening in parts of it, but it would be nice to get it all good. And what I guess I'm looking for is just to tack on our community for your RFP and I -- I -- you know, we've got some things going on, and we're struggling because we're volunteers, all of us, and we're not able to go over the top. But I believe if we had you listed on this RA -- RFP, I think we could make some good things happen. And I just want your help to help us do it right. I guess we'll either reap those benefits or we'll pay the consequences, all of us together, no matter what we decide here. COMMISSIONER HENNING: In Golden Gate, talking to Russell Tuff, there's no true sense of a downtown feeling in Golden Gate, although it services the -- the surrounding areas. And I think the community wants to take a look at creating that on Golden Gate Parkway. There's some opportunities that is zoned for multi -- that is zoned multifamily. And showing the Dover, Kohl plan to the residents, they're so much in favor of that, that residential over commercial and creating that downtown center-type feeling. And I would definitely support some kind of a study for revitalizing that area. And we already have a redistrict -- or redevelopment area along 951, so I hope the chairman would -- Commissioner Carter would amend his motion and include the -- the Golden Gate area. COMMISSIONER CARTER: I-- I would look to -- and I -- you know, I totally agree with where you want to go. I'm just wondering, with the other activities there, do we need a more concise proposal brought to the Board of County Commissioners so that we know exactly all the variables that we need to deal with so that we can make the right decision that will give you the most benefit, Page 84 January 8, 2002 Commissioner. And that's a question I would ask the staff in -- in terms of how we would do this. So if I could hear that input, then I could better address the question. MS. TAYLOR: Just -- just to kind of back step a little bit, we've had a couple of interested communities in Naples, the East Naples Civic Association, and also the Golden Gate area businesses have been interested in a community plan process as well. Right now, in terms of staff and ability to be able to prepare scopes of services and -- and actually manage the contract itself, which is very time consuming, we have our -- we would have our plate full with Naples Park. There is, of course, an opportunity within the next budget year, you know, to take a look at -- at additional project or projects. There -- there is, of course, an added -- probably a benefit to combine several projects together because you may even potentially be able to use one -- one consultant. But -- but that's -- that's still a significant amount of staff time to be able to manage it. COMMISSIONER COYLE: I had raised the question about combining the RFP for all of those, those communities that were under consideration. And the staffs response to me was that no formal surveys had been done to actually determine the level of community support in those additional areas. And I think the consensus was that -- that if-- that if we proceeded with trying to include those other areas in this one, we would actually delay Riverpark and -- COMMISSIONER FIALA: COMMISSIONER COYLE: Naples Park. I'm sorry. Naples -- Naples Park. And -- but I think -- I think we -- we probably should express our interest and support for proceeding with these other communities as quickly as we possibly can. COMMISSIONER CARTER: I think this one might give us a Page 85 January 8, 2002 model to find out what we do well in areas where we encountered some difficulties or challenges. And we may get, obviously, more creative in terms of dealing with the next one that's being presented by -- by greater Golden Gate area. COMMISSIONER FIALA: And I know that your -- your staff right now, you're down on staffing, and with this hiring freeze you're probably limited as to how much time. But -- but I do agree that Golden Gate, you know, they have -- they have a -- a -- a fun challenge ahead of them trying to create a downtown area, if you will. East Naples has a lot of blight that they have to overcome. If we look at the Town Center -- as a matter of fact, Dover, Kohl used that in their presentation as being an awful blighted place, and nobody can deny that, as well as other areas. And I'm sure that they would -- Golden Gate and East Naples are eager to step up to the plate and have the same -- same RFP presented for them. But I think we have to just focus right now on Naples Park because that's all the staff we have, and I would like to see us bring back these other two Golden Gate and East Naples to you to -- to proceed with after you work with Naples Park. COMMISSIONER HENNING: Question: If I remember right during the budget process, we set aside 250,000, 50,000 for each community for redevelopment. MS. TAYLOR: I would have to -- COMMISSIONER HENNING: And, you know, why did we make that statement if we don't have the available staff to manage something like that? MS. TAYLOR: I would have to have somebody address the funding issue because -- COMMISSIONER HENNING: Okay. MR. LITSINGER: For the record, Stan Litsinger, comprehensive planning manager. Page 86 January 8, 2002 As you are all aware, the Dover, Kohl study recommended this ongoing community planning process and recommended a level of funding in the neighborhood of $250,000. MR. OLLIFF: Actually, their original recommendation was $750,000, if I remember. MS. TAYLOR: For implementation. MR. LITSINGER: Right. MS. TAYLOR: 250 for planning. MR. LITSINGER: 250,000 for planning, which we brought forward in the budget proposal. And with the prior -- prioritization process of all of the other demands and staff time and the fact that last year about this time you gave us direction to go forward with the Golden Gate area master plan, which we are still underway, as you're fully aware, which will also feed into the eventual work on a community plan relative to the one that we're going to do for Naples Park. We just see it as a process of timing where let's take Naples Park first, see what the result is on that. And as we approach the upcoming budget cycle, we can, again, propose to come forward to you with the necessary resources in order to carry forward with the Golden Gate. And also I believe there's an initiative by the East Naples Civic Association relative to the U. S. 41 corridor. But it is also an issue of being able to manage each one properly and give it the individual attention that it needs within the resources that we have to allocate within our organization. COMMISSIONER HENNING: So you're saying that my understanding of the budget process is incorrect? It wasn't $50,000 for each community, and we set aside 250,000? MR. LITSINGER: The original intent was to set aside $250,000. Through the budget process and the public hearing process, those monies were not appropriated. So in the event when Page 87 January 8, 2002 we bring back the RFP, the results and the proposals, whatever that dollar amount is, if you so choose to go forward with this Naples Park community plan, the monies would have to be appropriated out of reserves. But they're currently not appropriated, no, sir. CHAIRMAN COLETTA: Basically what I'm hearing here is that we need Naples Park there to be like a little bit of a test just to be able to get our feet on the ground, then in the next cycle be able to go forward, pick up Golden Gate and East Naples once we have a better understanding what we're getting involved with, possibly may even be able to combine the two together if there is some rationale through that happening. Of course, we did do that, didn't we, with Bayshore and Immokalee? MR. LITSINGER: Well, actually, Bayshore and Immokalee are two separate -- community redevelopment agency districts. COMMISSIONER FIALA: But Bayshore and the Triangle were combined as one. MR. LITSINGER: That's correct. CHAIRMAN COLETTA: Probably because of the geographical -- COMMISSIONER FIALA: Yes. Only -- they don't have any similarities, but geographically they're -- CHAIRMAN COLETTA: Commissioner Henning, did we satisfy your interest on this at this point? Is there something else you wanted -- COMMISSIONER HENNING: All my questions was answered. Thank you. CHAIRMAN COLETTA: Thank you. Was there any other discussion? MS. FILSON: And, Mr. Chairman, we still have two registered speakers. CHAIRMAN COLETTA: Fine. Page 88 January 8, 2002 MS. FILSON: MS. LYNNE: MS. FILSON: (sic). The next one is Erica Lynne. I'm just here to support Vera's statement. And she will be followed by Gareth Rockliffe MR. ROCKLIFFE: Actually it's Rockliffe. CHAIRMAN COLETTA: Thank you. MS. FILSON: That would be the last speaker. CHAIRMAN COLETTA: Okay. Then without further adieu, all those in favor indicate by saying aye. (Unanimous response.) CHAIRMAN COLETTA: (No response.) CHAIRMAN COLETTA: Those opposed? Five to zero. Thank you very much. (Applause.) Item #9A RESOLUTION 2002-08, APPOINTING CAROL WRIGHT AND ALVIN DOYLE MARTIN, JR. TO THE VANDERBILT BEACH BEAUTIFICATION MSTU ADVISORY COMMITTEE - ADOPTED CHAIRMAN COLETTA: Move back to the regular agenda. Item 9(A), appointment of members to the Vanderbilt Beach Beautification MSTU Advisory Committee. COMMISSIONER CARTER: I move approval of the recommendations. COMMISSIONER HENNING: Second. CHAIRMAN COLETTA: I have a motion by Commissioner Carter and a second by Commissioner Henning. Any discussion? (No response.) Page 89 January 8, 2002 CHAIRMAN COLETTA: MS. FILSON: No, sir. CHAIRMAN COLETTA: saying aye. (Unanimous response.) CHAIRMAN COLETTA: (No response.) CHAIRMAN COLETTA: Is there any speakers on this item? Okay. All in favor indicate by Opposed? The ayes have it 5 to 0. Item #9B PROPERTY WITH AN APPROVED PUD DESIGNATION ALSO HAVING AN AGRICULTURAL EXEMPTION BENEFIT- DISCUSSED The next item is the -- 9(B), discussion regarding -- wait. I think I got out of order here. MR. OLLIFF: No. You're right. COMMISSIONER COYLE: Commissioner Henning's letter. COMMISSIONER FIALA: Yeah, you're right. CHAIRMAN COLETTA: Yeah, discussion--discussion regarding approved PUD with agricultural exemptions. Commissioner Henning, I want to compliment you on bringing this item forward. COMMISSIONER HENNING: Thank you. And, actually, we need to give a lot of thanks to our property appraiser, Abe Skinner. In my let -- response to him wasn't really -- what it reads was not my intent. It's not to apply for non -- you lose your right by applying to the property appraiser. What-- I would like to know if there's enough support on -- on the Board of Commissioners to say to a person coming to -- to us for not only PUDs but any rezone that they Page 90 January 8, 2002 lose their -- the right for the lesser intent, such as A -- or if a rezone is from residential to commercial, you lose your right for that application for a lesser-intent use. CHAIRMAN COLETTA: You're -- you're getting some nods here. I believe you got four nods. Counting yourself, that makes five. COMMISSIONER HENNING: Okay. CHAIRMAN COLETTA: We'll direct staff to bring that back to us in the form for us to vote on. Is there anything from staff that we want to be aware of at this point in time? MR. DUNNUCK: For the record, John Dunnuck, public services administrator. I thought I'd jump on this one, because we already got to work on it, based on the nods we received at the Land Development Code hearing a few weeks ago. We've already drafted language in it -- prepared to send it to the property appraiser's office for review. We've believe it's a procedural and matter -- and will include it in the PUDs, and we're even willing to send it out to the existing PUDs to ensure that they back up what the statute already, we believe, states, that-- the county attorney's office is here to answer any other additional questions. But I believe we're already working on it and having -- answered your questions. And by memo I can send a follow-up just confirming those details. I don't believe it takes any other further board action. MS. STUDENT: I just wanted -- if I may, Marjorie Student, assistant county attorney. For classification, John, I just wanted to say not just PUDs but any rezone. Just so the board knows, there's a statutory section in 193 -- Section 193 of the Florida Statutes that require the property appraiser to reclassify the land from ag when it's been rezoned at the Page 91 January 8, 2002 request of the property owner. So that is in the statute, and this would just be aiding the property appraiser in his duties. And I have spoken with Mr. Skinner about this over time and worked with Mr. Dunnuck so ... COMMISSIONER CARTER: Good. CHAIRMAN COLETTA: Thank you. If I remember correctly, Commissioner -- Commissioner Henning, you brought this up during the Land Development Code meeting. Thank you for keeping on top of it, make sure it's going forward. And with that we'll move on to C. Item #9C RESOLUTION 2002-09 APPOINTING LOURDES RAMANN TO THE HISPANIC AFFAIRS ADVISORY BOARD - ADOPTED COMMISSIONER CARTER: I move for approval. COMMISSIONER HENNING: Second. CHAIRMAN COLETTA: We have a -- we have a motion for approval by Commissioner Carter and a second by Commissioner Henning for approval of a member of the Hispanic Affairs Committee, and there's only one. And all those in favor signify by saying aye. (Unanimous response.) CHAIRMAN COLETTA: (No response.) CHAIRMAN COLETTA: Opposed? The ayes have it 5 to 0. Item #9D RESOLUTION 2002-10 APPOINTING/REAPPOINTING JAMES Page 92 January 8, 2002 A. CARROLL, DAVID A. ROELLIG, CORNELIA KRIEGH AND GLEN D. HARREL TO THE PELICAN BAY MSTBU ADVISORY COMMITTEE - ADOPTED Next is Item D, appointment of members to the Pelican Bay MSTBU Advisory Committee. COMMISSIONER CARTER: Move for approval. COMMISSIONER HENNING: Second. MS. FILSON: Mr. Chairman, if I may, this particular committee you need to waive that portion of the ordinance which waives the term -- two-term limit. COMMISSIONER CARTER: And I will include that in the motion. And please keep in mind that the community is currently reviewing their new ordinance and will be in workshops. If you haven't received the schedule, you will be shortly. And the summary of changes between the old and the new has been well thought through. You as commissioners will have an opportunity if you want to go to any of the meetings, and you will have the comparison, and the community in the next 60 days will have followed the next step in the process, the public hearings, and then come back to us with a recommendation of what they want to do. In the interim we needed to cover the MSTBU by these people who will continue to serve until those final decisions. So it says for a four-year term. When this is all changed, there may be some other changes out there, but this gets them through an interim period. COMMISSIONER FIALA: Well, let me ask the hard question, if I may: I didn't know what the new ordinance was or what you're preparing, but is the whole community involved in it this time? COMMISSIONER CARTER: Absolutely. Totally and completely, and that has been initiated and-- and moderated by our sec -- by our clerk of courts who came to me, and we worked Page 93 January 8, 2002 together to get this back on track. It was quite obvious that I would not be -- a good idea for me to facilitate because no matter what I did, I would have been considered a Pharaoh in my own land. And so I stepped aside and I allowed -- not allowed. I requested and encouraged and, thankfully, clerk of courts, Dwight Brock, took them through the process. They've done a beautiful job in working through this. And there's not an organization out there that says, you know, we're this way or that way. They're saying we're taking it to the community. They can make a determination what they want to do one way or another. And everybody has tried to keep their hands off because there's certain groups out there. One person says something, the other group that says we've got to respond to that. And we're trying to keep the community at peace and say collectively tell us what you want to do. You will see the summary sheets coming to you. They're very well done. And I commend the community for what they've done with this and the clerk of courts for taking them through this. Not only is it good for Pelican Bay, it's good for every community to follow this form, keep us all out of trouble. CHAIRMAN COLETTA: Small-town America at its very best. COMMISSIONER CARTER: You're absolutely right, Commissioner. I certainly learned from that experience. I wouldn't want to wish anyone else to go through it. CHAIRMAN COLETTA: I learned from it too, Commissioner Carter. COMMISSIONER CARTER: I'm still extracting the arrows out of my chest on it. CHAIRMAN COLETTA: Any other comments or discussion? COMMISSIONER HENN1NG: I also include that waiver in my second. CHAIRMAN COLETTA: Very good. Thank you, Page 94 January 8, 2002 Commissioner. All those in favor -- wait. MS. FILSON: No, sir. CHAIRMAN COLETTA: Do we have any speakers? All those in favor indicate by saying (Unanimous response.) CHAIRMAN COLETTA: The ayes have it, 5 to -- the ayes have it 5 to 0. And with that we're going to take a half-an-hour break for lunch. COMMISSIONER CARTER: May I suggest, what do we have left on the agenda that we might just move forward and finish our agenda? CHAIRMAN COLETTA: Well, let's -- let's -- let's hear some open discussion. How do you feel, Commissioners? COMMISSIONER HENNING: Let's take it home. COMMISSIONER CARTER: Let's take it downtown; right? COMMISSIONER HENNING: Let's go. CHAIRMAN COLETTA: Then we'll proceed. COMMISSIONER FIALA: How about if we take ten minutes? Do we need ten minutes? We don't need ten minutes? I need two minutes. COMMISSIONER COYLE: I need an hour. CHAIRMAN COLETTA: Well, if it's going to be an hour, it's going to be at the end at 1:30 at this point. COMMISSIONER CARTER: I think we can -- I think we -- what we have left on our agenda -- CHAIRMAN COLETTA: We're probably going to move through it. I figure we have probably about an hour to an hour and a half. COMMISSIONER CARTER: No more. Page 95 January 8, 2002 Item #10A CHAIRMAN TO WRITE A LETTER TO THE CONSERVANCY INQUIRING WHETHER THE BOARD'S REPRESENTATION ON THE GREEN SPACE COMMITTEE IS DESIRED CHAIRMAN COLETTA: Okay. Let's move on with the agenda. Commissioner Fiala, if you would like to go say hello to the people in the office for a moment. Item 10(A), discussion regarding green space committee. MR. OLLIFF: Mr. Chairman, this is a fairly simple item. I think I provided a memorandum to the board that indicated two different issues. One was in an effort to allow the public and -- and your staff to have a continuing update on your Horizon Committee activities that we tried to provide a schedule where we might get each of you who currently has a Horizon Committee appointment to provide an update to the board in April of this year. The second portion of that memo talked about a replacement BCC member to The Conservancy's current green space committee. As the board will recall, Commissioner Mac'Kie was the previous BCC appointee, and in all honesty, I believe it was because of her particular interest in the topic as opposed to her being a -- a -- that topic being a Commission District 4 related issue. But all four of the currently seated board members, with the exception of Commissioner Coyle, already have a Horizon Committee appointment, and so the question is, does the board want to appoint another member; is Commissioner Coyle interested in that appointment; or should the board want to appoint someone else or not have an appointee at all? And I think those are the choices for the board today. COMMISSIONER COYLE: Since you've put me on the spot, I may as well respond. I -- the I -- I'm not sure that -- that The Page 96 January 8, 2002 Conservancy wants a representative from the commission on that committee. I have sent a letter about a month and a half ago to The Conservancy expressing my interest in sitting down and talking with them about -- about their concerns and their plans, and I haven't gotten a response to -- to that letter. So -- so either they don't want me to -- to be the representative, or they don't want a representative. And -- and so I -- I guess what I would -- would rather do, as far as I am personally concerned, is -- is leave it up to The Conservancy or -- or if-- if they feel they would like to have a representative on that committee, then perhaps they could suggest a name of someone. Or if there's another -- another council member or commission member who would like to serve and have a special interest in it, I think that would be fine, although I have no objection to doing it whatsoever. I -- I was the -- the author of the Naples Bay Restoration program that The Conservancy has -- has, in fact, implemented. So -- so I'm very -- I'd be very happy to participate. But my question, really, is whether The Conservancy wants participation. MR. OLLIFF: Mr. Chairman, if I can respond just briefly, I think the intent here was simply an information liaison, if you will. And there's another way to skin that cat, frankly. And that is, if the committee from The Conservancy would simply provide informational updates to the commission on some regular basis and be willing to do that, we could probably achieve the same goal without having to have a commissioner appointed. So that's another option available to us as well. It's simply an effort that we know is ongoing in the community to look at a green space program of some sort, and we know from our citizen survey that it continues to be a major issue with constituents throughout the county. And so we're simply trying to make sure that we as a government keep up with what is that -- that ongoing effort. COMMISSIONER COYLE: Well, if-- if there are members of Page 97 January 8, 2002 the board who really have an interest, Commissioner Henning, or others who might have a real interest in doing that, I -- I -- I would certainly support him stepping forward. COMMISSIONER HENNING: Yeah, and I -- I am interested in it. It is part of the Dover, Kohl study as -- as far as identifying green space and bringing that forward, which I assist the present committee for the Smart Growth Dover, Kohl Committee. And I would be happy to do that. But I -- I think what we can do is -- is direct the chairman of the board to draft a letter to The Conservancy asking if they would like representation from the Board of Commissioners. COMMISSIONER CARTER: I would support that, Commissioner Henning. Is that -- what do you need from us, Mr. Olliff?. Just direction? It doesn't require a motion, or what do you want? MR. OLLIFF: You could probably put that in the form of a motion, and that would give the chairman some direction to make that representation on behalf of the entire board. COMMISSIONER HENNING: I move. COMMISSIONER CARTER: If that's your move, I'll second it, Commissioner Henning. COMMISSIONER HENNING: Yes, it is. CHAIRMAN COLETTA: We have a motion by Commissioner Henning and a second by Commissioner Carter. Any further discussion on this? COMMISSIONER FIALA: I'd just say I'd love to volunteer for it myself because I'm on CREW, and I have a deep interest in the green space. But I don't have any time left, so I'd -- I'd like that resolution to be drafted. Thank you. CHAIRMAN COLETTA: Okay. With that, all those in favor indicate by saying aye. Page 98 January 8, 2002 (Unanimous response.) CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it 5 to 0. The next item is appointment of a member to the Hispanic Affairs Advisory Board. COMMISSIONER CARTER: So moved. CHAIRMAN COLETTA: We have approval of that. Do we have a second? COMMISSIONER HENNING: Didn't we already do that? COMMISSIONER CARTER: We did that. CHAIRMAN COLETTA: We did that. Forgive me. Thank you very much for your second endorsement on that. COMMISSIONER CARTER: That's okay. Item #1 OB STAFF TO PREPARE AN ORDINANCE FOR PUBLIC HEARING TO AMEND THE CONSOLIDATED IMPACT FEE ORDINANCE TO PROVIDE A LIMITED WINDOW FOR AFTER-THE-FACT APPLICATIONS FOR THE EXISTING $7,500 IMPACT FEE WAIVERS APPLICABLE TO SPECIFIED ENTITIES THAT ARE EXEMPT FROM PAYMENT OF FEDERAL INCOME TAXES - APPROVED CHAIRMAN COLETTA: B, authorize to draft, advertise, and bring to the board for public hearing an ordinance to amend the consolidated impact fee ordinance. MR. TINDALL: Good afternoon. For the record, Phil Tindall, impact fee coordinator. A couple of significant dates on this item are March 13th, 2000, Page 99 January 8, 2002 and October 9th, 2000, and on the first date being the date that the board adopted the consolidated impact fee ordinance, which consolidated approximately 26 various ordinances having to do with the administration of impact fees and making numerous important improvements in our administrative procedures, definitions, etc. About seven months later in October, October 9th, the board adopted an amendment to that ordinance which made some further improvements to the administrative procedures, updated-- or upgraded, I should say, some of our definitions and corrected some Scribner's errors. Amongst those administrative procedures, there was the addition of a provision for waivers for charitable organizations of impact fees and which prescribed a -- a total amount of a hundred thousand dollars per year or up to $7500 per individual app -- applicant. Unfortunately, because of-- of the timing of the adoption of this amendment to the consolidated impact fee ordinance, there were a couple of possible applicants who had a need to pull building permits before those provisions were adopted. And apparently they were not aware at the time that unless the ordinance specifically states that it can apply retroactively these new provisions, that they would not be able to apply for those if they've already pulled a building permit and paid their impact fees before the new provisions took effect. And these organizations have since contacted the county. They did make some preliminary inquiries before the new provisions were adopted. However, in both cases, they had a need to go in and continue to -- and get their building permits pulled because of cost and -- and timing considerations for their projects. We have reviewed the ordinance, and we feel the only way that we can accommodate these requests, based upon the way the ordinance is currently written, is to come back to you with amendment to the ordinance that would retroactively apply the -- the Page 100 January 8, 2002 waiver provisions for any otherwise qualified organization that pulled a permit within 30 days preceding the date of the ordinance amendment, that being of the adoption date of the ordinance amendment, which was October 9th of last year. So that's really what it comes down to. If it's the pleasure of the board to accommodate these two requests, staffs recommendation is this would be the only way we could do that. CHAIRMAN COLETTA: My one question with this is, what is the next break where someone would be in line? You know, 30 days, was there somebody that was 31 days out? Is there any way we know that-- MR. TINDALL: Well, the reason we came up with 30 days, that was basically the time period that these fell into. And -- and, honestly, from the staffs standpoint, we don't have a desire to open the door too widely for anybody in the past who may have the same desire for retroactive application of this provision. CHAIRMAN COLETTA: My concern is the door is open, and now we're -- we're showing very selective choices being made to two agencies that actually came forward. I'm not too sure if we -- what we're going to do. If somebody comes back and they say, "Well, we were 30 days before that date," are we going to have to give that consideration also too? One of the things I was trying to come up with when I came up with that particular amount of money was to be very direct in the way it was going to go so we didn't start to have it going a thousand different directions and lose the scope what we were trying to do. Now, obviously these agencies fit within the criteria that we put together, no doubt about it. But if we amend the time criteria, what's the next one to follow down the line? That's a consideration. It doesn't mean I would vote for it or against this particular motion. But it's an honest consideration I got about how this is put together. Both Page 101 January 8, 2002 of them are very worthwhile charitable organizations that do benefit the public dramatically. But then again, too, so is the Red Cross. So I guess a year outside of that particular deadline, how far back? Is 30 days the -- the one deadline, and do we really include -- everybody that fell within that 30 days was included? MR. TINDALL: To the best of my knowledge, yes, sir. COMMISSIONER CARTER: Commissioner Coletta, I -- I can understand your concerns. I will direct this comment or question to legal counsel. I think what we've done is draw a line in the sand and says, this is it. If you're back here somewhere, sorry. It's just the way the cookie crumbles. That's life. Going forward it says to me very loud and clear, there's a hundred thousand dollars that could be expended out of interest on impact fees in any one given year, case-by-case situation that says you cannot exceed $7500. So I will be supportive of staffs recommendation because I believe that these two organizations provide a very viable service to the community. And if there's not a legal problem with this, I could support staffs recommendation, I would make a motion accordingly. But, Mr. Weigel, you may have some advice here which I'm missing. MR. WEIGEL: Very brief, and that is if the board were to wish for the staff to advertise your ordinance -- to bring back these changes, it would be legal, and it would be inclusionary only to the extent the language change that's made. There would be no further door open retroactively, and the conditions of the ordinance that apply generally apply as they do now for the -- during any course of one year and the amount of money and the type of qualifications necessary to achieve the waiver. COMMISSIONER COYLE: Mr. Chairman. CHAIRMAN COLETTA: Please, go ahead, Mr. Coyle. Page 102 January 8, 2002 COMMISSIONER COYLE: I find the sentence as follows to be fairly confusing with respect to intent. And that is, "A maximum of $100,000 in waivers may be granted each fiscal year." Now, my questioning of the staff earlier indicated this was a one-time waiver only for these two people which would give us a $15,000 maximum. MR. TINDALL: I can answer -- COMMISSIONER COYLE: So I don't understand the intent of the other one, unless that is just the policy concerning general waivers. MR. TINDALL: That is. That was the provision that was adopted on October 9th of last year. COMMISSIONER COYLE: Okay. But -- but -- so what you're saying is that in the future there will be no waivers granted as a result of this change. MR. TINDALL: to-- That's correct, because it would only apply COMMISSIONER COYLE: To those two -- MR. TINDALL: -- to those two who fell within that time period. MR. OLLIFF: And the way the board has set this program up is that so each application is reviewed individually by the board and a separate decision made on each application for impact fee waivers. COMMISSIONER COYLE: And those are the ones that are limited to a hundred thousand dollars each year. MR. OLLIFF: Each application is limited to 7500 each for a total of no more than a hundred thousand dollars. COMMISSIONER FIALA: I'm going to second Commissioner Carter's motion, by the way. CHAIRMAN COLETTA: Do we have any speakers on this subject? Page 103 January 8, 2002 MS. FILSON: No, sir. CHAIRMAN COLETTA: Are there any other questions of staff, Commissioner Henning? COMMISSIONER HENNING: No questions. Just a comment. And I wasn't in favor of impact fee waivers to begin with, and I just want to state that I'm going to stick to my position. I think that the neighborhood health clinic is a very positive aspect to the community, and I would rather write a personal check than to use these interest on impact fees that we can use for the roads. So I just want to get that on the record. CHAIRMAN COLETTA: Okay. COMMISSIONER COYLE: I think that's a very good position. CHAIRMAN COLETTA: Is there any other comments? (No response.) CHAIRMAN COLETTA: Okay. Let's call for the question. All in favor signify by saying aye. COMMISSIONER CARTER: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye.. CHAIRMAN COLETTA: All those opposed indicate by saying COMMISSIONER HENN1NG: Aye. COMMISSIONER COYLE: Aye. CHAIRMAN COLETTA: The ayes have it for passing, passing 3to2. MR. TINDALL: Thank you, Mr. Chairman. CHAIRMAN COLETTA: Thank you. Okay. Let's see, where are we now? COMMISSIONER FIALA: 10(F). Item # 1 OF Page 104 January 8, 2002 INTERLOCAL AGREEMENT FOR FIRST RESPONDER TRAINING BETWEEN COLLIER COUNTY AND THE IMMOKALEE FIRE CONTROL DISTRICT- APPROVED CHAIRMAN COLETTA: Yes. Item No. 10(F), approval of the interlocal agreement for first response training between Collier County and Immokalee Fire Control District. COMMISSIONER CARTER: I'm going to move for approval. COMMISSIONER HENNING: And I'll second that. CHAIRMAN COLETTA: We have a motion to approve by Commissioner Carter and a second by Commissioner Henning. Is there any questions or discussion-- COMMISSIONER HENN1NG: Just discussion. Do we have any more independent fire districts to come forward with a resolution of mutual understanding? MR. PAGE: Good afternoon, Commissioners. For the record, Jeff Page, your EMS director of operations. This will be the last MOU. This will be the first time in the history that with Collier County EMS that all the fire districts will be under the same standard basic provision of medical care. So it is a milestone for us. COMMISSIONER HENNING: And that's why we have an award-winning EMS department. MR. PAGE: Couldn't do it without the fire departments. COMMISSIONER HENNING: Continuing on to improve what we need to provide to the taxpayers of Collier County. MR. PAGE: That's right. CHAIRMAN COLETTA: (No response.) CHAIRMAN COLETTA: Any other discussion on this? Okay. Then I'm going to call for the Page 105 January 8, 2002 question. All in favor indicate by saying aye. (Unanimous response.) MR. PAGE: Thank you. CHAIRMAN COLETTA: The ayes have it 5 to 0. for that. Thank you Item # 101 BUDGET AMENDMENT TO RE-APPROPRIATE FUNDS FOR THE NORTH COUNTY WATER RECLAMATION FACILITY FLOW EQUILIZATION TANKS, PROJECT 73077, IN THE RE- APPROPRIATED AMOUNT OF $2,500,000- APPROVED WITH CONDITIONS And the next one was the originally 16(C)(1) that was moved to 10(I). COMMISSIONER FIALA: I don't -- I think we have -- CHAIRMAN COLETTA: Did I miss one, Donna? COMMISSIONER FIALA: 10(H). Do we have 10(H)? COMMISSIONER HENNING: We did that. COMMISSIONER FIALA: Oh, yeah, 1140. I'm sorry. CHAIRMAN COLETTA: That's quite all right. 16(C)(1) was the original destination. That was moved. COMMISSIONER CARTER: There's two people that moved that. I'd like to hear their thoughts. COMMISSIONER HENNING: That was staff that moved that. COMMISSIONER CARTER: Oh. Staff that moved it? Staff. MR. WIDES: Commissioners, good afternoon. For the record, Tom Wides, interim public utilities administrator. I believe 16(C)(1) -- this is the north county reclamation facility. COMMISSIONER HENNING: Yes. Page 106 January 8, 2002 MR. WIDES: And I believe this was -- Commissioner Fiala had asked this to be moved to the -- COMMISSIONER FIALA: Uh-huh. COMMISSIONER HENNING: Sorry. MR. WIDES: We are prepared here to respond to any questions you might have concerning this. Or, if you wish, we can give you a brief presentation on the intent behind this. COMMISSIONER FIALA: Yes. Just-- I'd like to hear your presentation, please. MR. WIDES: Okay. At the time the flow equalization was part of the original consent decree back in April of 2001, we did at that point in time expect or plan on a preliminary investigation to put a oval-shaped 4-million-gallon flow equalization plan in place. Since that time we have actually gone into a finer review of the requirements for the -- for the flow equalization tanks, and we are now proposing that instead of the oval shaped 4-million-gallon flow equalization tanks, we would have two 1.5 circular tanks. The reason we moved from the original four to the one -- two 1.5s was, in fact, due to the impact we would have on the wetlands area north of the flow equalization tank and also some electrical items there that were in-- COMMISSIONER FIALA: Now you're at my question. MR. WIDES: Okay. COMMISSIONER FIALA: My question was, before we were going to have 4.0 million gallon -- million gallons at -- how much was it again? COMMISSIONER COYLE: 4.8 million. COMMISSIONER FIALA: 4.8. Now we're going to have two of them at 1.5, which means less, and yet it's going to cost us double. And I was wondering, why would it cost us double the money to have less capacity? Page 107 January 8, 2002 MR. WIDES: Part of-- there are a couple of things going on here. We've also looked at the possibility of should it be four, three, or two 1 1/2s. Okay. So this all figures in the operation. By constructing, in fact, the two separate facilities, you lose the economy of one large unit, okay. This way by breaking it up to two separate constructed activities from the ground up, it does, in fact, raise the cost of the facilities. We also looked at the possibility of one 3-million gallon facility. But, again, it would need to be an oval-shaped facility. And that cost, again, would have been even more costly than the two 1 1/2s. So the shape of the four, one infrastructure underneath would have been cheaper than being able to go with the two 1 1/2-million-gallon facilities with two separate infrastructures. COMMISSIONER FIALA: So my question is, are these two smaller facilities going to do a better job than the four at double the price? MR. WIDES: Well, whether they'll do a better job or not is -- is one question. But also will they avoid any impact on the wetlands? Absolutely. And I believe they will do at least an equivalent job of the four with recognizing that you are reducing one million gallons in conservation or one million gallons in flow. But, in fact, we did decide that three would be sufficient to take care of any peak periods, so we just felt to go to the smaller amount. But the four would have required impacts on the wetlands, and we wanted to avoid that if at all possible. So will they do the job? Yes, we do believe -- our engineers do believe they will do the job. COMMISSIONER CARTER: I'm going to move for approval after discussion. COMMISSIONER COYLE: I'd like to have a follow-up question, if you don't mind. Page 108 January 8, 2002 COMMISSIONER FIALA: Oh, I have a couple of mine myself. COMMISSIONER COYLE: I understand why you've done it, but what I'm trying to get to is, we're spending $2 1/2 million more of the taxpayers' money to get 25 percent less capacity, and we're doing it to -- because we want to avoid some impact on wetlands. My -- my question really is, is there not a less expensive way of-- of dealing with that issue even if it involves mitigation in some way rather than redesigning this project to avoid an impact on the wetland? MR. WIDES: At this point in time, this was the -- this was the alternative that we felt was the least costly. Also, keeping in mind that we did have the consent order staring at us out there for completion by November of 2002, we felt this would be the best alternative that we could put forward at this point in time, not to say-- COMMISSIONER COYLE: Is it still the best alternative? MR. WIDES: I believe -- I believe it is, yes, the best alternative. MR. MUDD: Commissioner, let me help just a little bit. Jim Mudd, deputy county manager for the record. This is a consent iter -- consent item issue. The wetland permit at the north side of the plant for the cone shape would have caused us to get outside of the consent order boundary as far as the time is concerned. These have to be on line in November, and we've -- we've pushed the environmental issue -- we got a -- we had some wetland impact. We did some things with the culvert design in order to minimize those in order to put one tank there where we thought we could have got the 4-million-gallon oval shape. Can't get it all in there; tried to purchase some land from the property owner above that and -- and that was unsuccessful. In or -- if we went into any more wetland mitigation issues on site, we would have got outside the boundary for the consent order, and we would have put ourselves and the county in jeopardy for Page 109 January 8, 2002 fines. And that's part of the issue with this. It's not as clean-cut as I'd like it to be at this particular juncture because we're under a timing issue. COMMISSIONER COYLE: Yeah, I understand. You're essentially saying that the state will not permit us to modify the consent order in order to save $2 1/2 million? MR. MUDD: Yes, sir. I mean, we can ask-- COMMISSIONER FIALA: But we haven't asked? MR. MUDD: No, no, ma'am. COMMISSIONER FIALA: Okay. MR. MUDD: You can ask, but you signed an agreement with the Florida Department of Environmental Protection that said those equalization tanks would be in in November of'02. We've asked them, based on our science, to come off of the 1 O-million-gallon expansion at the north plant and, through about a month and a half to two months' worth of intense staff work, got them to agree that we could do a five and a five instead of the ten in order to save us some money in that particular process. Ma'am, you're going to need those equalization tanks by November, at least one of them, in that process. So the staff thought it better at this juncture to break it up so we could at least get one of them on line and get the second moving to make that November '02. COMMISSIONER COYLE: So you really -- you don't think you could build a larger one -- the reason you're breaking it up is so you can get it on line on -- by November. MR. MUDD: (Nodded head.) COMMISSIONER COYLE: And you're not trying -- MR. MUDD: Because it's also a standard -- it's a standard crown -- crown tank design versus the oval shape. Once we got into -- once we got into the details when we started to -- to work the bids and started to look at the constructability of the particular structure, Page 110 January 8, 2002 we found that it got -- it got a little bit more complicated, and the November '02 time line started to fall into jeopardy. COMMISSIONER COYLE: So our problem really is one that is imposed by the consent order, and the necessity to respond to this consent order is going to cost us 200 -- $2 1/2 million more money than we had originally anticipated? MR. MUDD: Yes, sir. And, again -- again, these are -- these are -- these are estimates, when you-- when you basically come up with what you think it's going to cost versus when they finally get bid, as you get to the process a little bit closer. Yeah, estimates can be off. COMMISSIONER COYLE: Could they be off on the high side? MR. MUDD: MR. OLLIFF: MR. MUDD: I'd-- I'd hope so. We hope they can in the future. Hope they can in the future. I will tell you when you get yourself in a dilemma and you want it bad, it normally costs you a lot of money. We don't want to be there anymore. Commissioner Carter at the last BCC or at least during the last AUIR said we don't want to be in this mode anymore; we want to be ahead of this bowel wave instead of being caught up in it. If the commission -- if the board would like us to go back to the -- go back to the Florida Department of Environmental Protection and ask them specifically on that particular issue, we'll go back and try to do that in an expeditious matter and get back with you in the next two weeks. COMMISSIONER COYLE: Do you have time? COMMISSIONER CARTER: I would amend my motion to that effect. And if it can't, then I would like it to be approved, we go forward. But I would like to ask the question if that would be appropriate. COMMISSIONER COYLE: I think that's good. I would Page 111 January 8, 2002 second it if it hasn't already been seconded. CHAIRMAN COLETTA: I believe we have a motion and a second, don't we? COMMISSIONER FIALA: Uh-huh. CHAIRMAN COLETTA: The question is very good, by the way, Commissioner Coyle. COMMISSIONER FIALA: Okay. And one more question: By doing it in the 1.5 and two tanks, does that also take up a lot more land? I -- you know, I would jump to that conclusion, of course -- MR. WIDES: Well-- COMMISSIONER FIALA: -- and is it environmentally sensitive land? MR. WIDES: Again, the area that is platted for this work-- again, Tom Wides. The area that is platted for this work is all land that we had carved out for the facility, so we did not have to go and look for any additional lands that would be impacted by this. So, yes, it would have a bigger footprint but still within the area that was laid out for the facilities. I would note that we did -- in fact, this was built into our impact fee study also so that we would start to garner those revenues as we go forward. We had that information in time for that. COMMISSIONER COYLE: Okay. CHAIRMAN COLETTA: I appreciate you bringing this up. COMMISSIONER FIALA: Thanks. CHAIRMAN COLETTA: (No response.) CHAIRMAN COLETTA: And any other questions of staff?. Okay. With that I'll call the motion. All those in favor signify by saying aye. (Unanimous response.) CHAIRMAN COLETTA: The motion passed 5 to 0. COMMISSIONER FIALA: Thanks, Tom. MR. WIDES: Thank you. Page 112 January 8, 2002 Item #10J REQUEST BOARD OF COUNTY COMMISSIONERS TO WAIVE PURCHASING POLICY AND AUTHORIZE WORK ORDERS IN EXCESS OF THRESHOLD AND TO WAIVE ANNUAL THRESHOLD FOR CONTRACT #00-3046, "SOLID WASTE CHARACTERIZATION AND PROGRAM ANALYSIS"-NO ACTION CHAIRMAN COLETTA: The next item was originally 16(C)(6). It's now 10(J). The -- receive Board of Collier County authorization to waive purchase policy and authorize work orders in excess of $90,000 threshold and to waive annual threshold of a half million dollars. This one was pulled by both Commissioner Fiala and myself for obvious reasons. MR. WIDES: Yes. Commissioners, again, Tom Wides for the record. In June of 2001 the board did, in fact, authorize the solid waste department to, in fact, budget for and assign various task assignments for two items: Landfill monitoring, and the second item was to submit -- or to issue RFPs for organic waste, grease trap processing, solid waste processing, and gasification. Literally through staff oversight, these work orders were, in fact, set out against a -- against the wrong contract. We should have been putting these out against the public utility engineering contract which does take into effect Malcolm Pirnie, who is actually conducting this for us. And, in fact, those -- that contract has a limitation, an upper limitation, of $3 million per year to be let out to the various contractors. And through staff oversight, what we would propose on this is to Page 113 January 8, 2002 rewrite these work orders so that they are out under the correct contract, which would be the larger purchase contract. This was discovered as we went through the process of actually letting the contracts or the work orders out. COMMISSIONER FIALA: My question is, then, when -- the way this is worded, is this only this one particular contract we're voting on? MR. WIDES: What we're discussing here are two work orders, okay, one work order being for -- or the landfill monitoring, which was $110,000, and the other work order was for the RFPs for all those items, which was approximately 250,000. Those two work orders individually would have violated the $90,000. However, we are only taking these two work orders and putting these two work orders under the correct public utilities engineering contract. We -- these are the only two we're talking about. COMMISSIONER FIALA: Oh, great. Because what I was very concerned with was waiving all of the limitations in the future for all others. The way I read it was the $90,000 threshold and the $500,000 threshold we were -- we were giving you authorization to waive them for every contract. I didn't realize -- MR. WIDES: No. This was not Carte blanch. This was specifically for the two work orders referenced in-- COMMISSIONER FIALA: Okay. So for the record, then, this is just for these two? MR. WIDES: Right. And we will be -- we will be refining this contract number to reflect the public utilities contract number. COMMISSIONER FIALA: Thank you. CHAIRMAN COLETTA: I have a question on this. Are we paying Malcolm Pirnie -- Pirnie for what our solid waste department could also do on some of the monitoring? I'm kind of curious. I know, as a rule, generally consultants receive funds that are in excess Page 114 January 8, 2002 of what we normally pay our own staff. MR. WIDES: Commissioner, the way I would respond to that is, No. 1, I think Malcolm Pirnie has the expertise that we don't have and also the staff capability that we do not have to do this ongoing monitoring. We were doing some monitoring early on in the process, but it was a very limited monitoring. It was stretching our resources beyond the expertise we had. And they also offer the independence of a separate contractor looking at the situation versus staff. CHAIRMAN COLETTA: Well, and the more mechanical ends of it, is there a possibility that we could hire Malcolm Pirnie to train some staff people to be able to do that to save some money down the road? MR. WIDES: That is very much a possibility going forward, especially as we put the -- put the framework in place for the type of monitoring that should be done, the standards that should be done, etc. Now, will that require different or more staff?. That I can't respond to. But at least it would give us the capabilities and the guidelines to make that effort. CHAIRMAN COLETTA: I have the good fortune to be out there at the landfill witnessing what was taking place, and I'm very much -- I think that Malcolm Pimie serves a very useful purpose, but I kind of wondered when I seen them out there taking notes and doing surveys and watching where certain items went if that wasn't a function that could be done by our own staff. Possibly at some point in time we can get a report back on this. MR. WIDES: Yes, sir. CHAIRMAN COLETTA: The other commissioners agree on that? COMMISSIONER HENNING: How was everything at the Naples Landfill? Page 115 January 8, 2002 CHAIRMAN COLETTA: Well, I'll tell you. I'm glad we named it Naples Landfill, even though it is located in Golden Gate Estates. But everything seemed to be healthy, moving forward. MR. MUDD: Commissioner, just another item. Jim Mudd again. Malcolm Pirnie is training Gary Morocco and staff in order to do those detailed inspections. We received two detailed inspections from Malcolm Pimie on the -- on the landfill with pictures of things that aren't correct out at the landfill, and we have gotten with Waste Management on numerous occasions and one that I had the pleasure to do just before Christmas to get them to respond to the corrective items. So far there's a list of six pages of items and only two that are in the works of being corrected. It was made known to the -- the -- the corporate heads of Waste Management that we have in Southwest Florida that that wasn't correct. It wasn't sufficient, and they needed to get on the ball and get those things corrected and -- and get particular things in the landfill that needed to be fixed fixed and -- and get them under control based on their contract. It's good right now that we've got Malcolm Pirnie. And the reason that we put them in the monitoring row -- mold -- role was we were under consent order for permit for that landfill. And if we had to go to court in order to do that, then we would have needed more than just staff. We would have had to have had some subject matter expertise on the stand to -- it would -- basically our contractor is -- is John Wong out there on site. It wouldn't be smart on our part if we would have had to put John Wong on the stand representing his company and representing the county in the same breath so -- CHAIRMAN COLETTA: I don't consider Mr. Wong to be part of our staff. But possibly we may want to keep reviewing this to see if we can keep -- we can keep our costs down on this. MR. MUDD: Yes. Yes, sir. But he's the expert that we've got Page 116 January 8, 2002 under contract out there operating that landfill. So Malcolm Pimie, yes, we're trying to ooze them out of-- of the business to get our staff up to speed so that we can continue to do that monitoring in the future by ourselves. CHAIRMAN COLETTA: Thank you, Mr. Mudd. Are there any other questions of staff?. (No response.) CHAIRMAN COLETTA: We have one speaker? MS. FILSON: We have one speaker, Mr. Bob Krasowski. MR. KRASOWSKI: Good afternoon, Commissioners. You're the chairman now, Commissioner Coletta? CHAIRMAN COLETTA: That's correct. MR. KRASOWSKI: Oh, congratulations. I didn't know that. CHAIRMAN COLETTA: I won't take anything away from you for that. MR. KRASOWSKI: Well, good for you. I'm here today because earlier this morning I noticed that there was a change to the agenda, and this item was to be put on. My main concern -- I'm Bob Krasowski. I speak for myself today, and also I'm involved in Zero Waste, Collier County, collection of citizens that have an interest in the solid waste issue and environmental ramifications, economical ramifications. And we're -- we're even below non-for-profit. We're no profit; we're no money; we're no nothing. We're just people who have an interest in this, so I'm not a lobbyist or anything like that. And I remember in that July meeting when you had decided to put out RFPs on these various components of the waste stream management issue, you also -- we also discussed the waste characterization and waste -- what was it called? Plan, waste plan. And then you -- it was kind of vague, but -- and what I understood was that you had decided to maybe look for bids from within your in- Page 117 January 8, 2002 house engineering firms that you have under this public utilities that have been preapproved. There's three or four. I think Malcolm Pirnie is maybe one. Camp, Dresser, McGee (phonetic) is another that can perform waste characterization studies. But, also, it was mentioned that we might go outside of that group and -- with an RFP to invite others to submit bids on performing waste characterization study for the county. So obvious benefit to know exactly what waste is comprised of. Today it's -- I don't understand in the materials I have here -- this is just changed to the agenda. I didn't see anything outside in the book. But I'm a little unclear as to exactly how much money they're asking for. We were hopeful-- Zero Waste was hopeful that someone other than Malcolm Pirnie would perform the waste characterization study. I understand from my conversations out in the hall with Mr. Wides that what they're looking for now is the -- your approval for monies to be spent to allow Malcolm Pirnie to prepare the RFP for a waste characterization study, and it was in the ballpark of the $250,000. To me that's, like, a lot of money. Maybe I don't understand totally exactly what's involved here. I can see an expense in having Malcolm Pirnie maybe evaluate those people who respond to the RFP. That might cost something in time. But to actually prepare an RFP to ask any interested parties to submit proposals to prepare the waste characterization study -- it's the waste characterization study that might cost some money, not the preparation of the RFP. Why don't we have our purchasing department that's prepared the other RFP Mr. Wides has referred to, you know, the organics and the gasification and the processing and the -- the grease, waste, and that stuff, why don't we have them do the boiler page -- plate RFP, because all you're asking for is, hey, you, out there who has a company with the expertise to analyze the waste stream here in Page 118 January 8, 2002 Collier County, how much will you charge us to perform this waste stream analysis? You know, and most of-- most of the information we know already. You know, it's a -- there's a national waste stream. There's -- that's all sorts of information on it. So it just seems real expensive to me. Once again, maybe I don't understand the whole thing. But I thought it would be a good opportunity to get up here and ask that question. Number one, like, how much are we expanding the -- the expenditures? How much more do they want and exactly for what so that Malcolm Pirnie can make this RFP which we can do on our own anyway? Can I ask those questions? MR. WIDES: Sure. Commissioners, to respond to Mr. Krasowski, number one, we're not asking for any additional expenditures than we asked for the budget amendment back in June of this time frame. Concerning the RFP itself and the RFP preparation process, again, I think Mr. Krasowski has rightly stated that we have hired an expert in that area to help us with the technical aspects of those RFPs. We don't believe and we've -- we've had the discussions with our purchasing staff, there's a level of knowledge here, a level of expertise and a resource that is very valuable to us in -- in the form of Malcolm Pirnie. Now, could we have chosen someone else? We possibly could have done that, but I would argue also, they have been involved in this process all the way back to December and January of two -- well, 2000 and 2001. They understand the process. They understand the ins and outs of this issue, so it was a very natural thing to work -- continue that relationship with them. MR. KRASOWSKI: What would we be spending on that, if I may? How much is it going to cost us to have them prepare and evaluate the responses to the RFP specifically on the waste Page 119 January 8, 2002 characterization study? MR. WIDES: To prepare and to help us respond to it is $250,000. MR. KRASOWSKI: That seems like a lot of money to me, you know. CHAIRMAN COLETTA: Mr. Coyle. COMMISSIONER COYLE: With respect to that expenditure, Mr. Wides, is that -- is that a fixed-price contract, or is it primarily a labor contract? MR. WIDES: I believe -- let me check with our expert on that, if I could, Mr. George Yilmaz. I think he could respond to that more clearly. George Yilmaz, he's our director of solid waste. MR. YILMAZ: For the record, George Yilmaz. Yes, Commissioner, it is a fixed-engineering contract. COMMISSIONER COYLE: And it-- it -- there's no chance that it will exceed that amount? MR. YILMAZ: Based on work order, work order itself is a fixed-engineering work order percent contract executed by the board. So it's a fixed amount, yes. COMMISSIONER COYLE: Okay. So he gets that whether he spends ten hours or a thousand hours on it? MR. YILMAZ: Yes. MR. OLLIFF: I need to indicate, if you'll look at the backup as well, not only is Malcolm Pirnie required to prepare the RFP and review the RFP, but they also provided assistance in negotiating not only contracts with the actual selected vendors, but they also, then, provide assistance in negotiating contracts with energy purchasers should there be energy production at the back end of any of those technologies, as well as negotiating flow-control agreements with the incorporated municipalities within the county, should we need an interlocal agreements between the city and the county or the City of Page 120 January8,2002 Marco and Collier County. And those same requirements are there for both MSW, the landfill gas utilization technical assistance, residential and commercial organic wastes. So they have a lot of work associated with that two hundred and sixty-two in addition to just preparing the RFPs. So I think they provide a lot of contract negotiation assistance, and that's probably where the majority of your -- your money will be spent. COMMISSIONER COYLE: Okay. Thank you. MR. KRASOWSKI: Can I have one final question, please? CHAIRMAN COLETTA: Go ahead. MR. KRASOWSKI: Mr. Olliff, are you saying that the $250,000 covers all of those RFPs and all of those activities? MR. OLLIFF: Yes, sir, all of those -- MR. KRASOWSKI: Not exclusive to waste characterization. MR. OLLIFF: Yes, sir. In fact, in the executive summary the tasks that are backed up include all five task areas, and I think they'll give you a real good breakdown of exactly where -- what Malcolm Pirnie is going to do for the money. MR. KRASOWSKI: Well, thanks for the information. MR. MUDD: The waste characterization, that part is not in there until we see the RFPs for any -- I know what you're talking about, going through the garb -- going through the trash and figuring out exactly what the percentages are. MR. KRASOWSKI: Yeah. MR. MUDD: The problem we have is that original $500,000 contract that was out there that was back in FY '00 that was there. It -- it had a -- it had a title. It had characterization in it, okay? And the characterization part is -- is not in this at all. It's the RFPs and the final contracts when they're selected in that process, and you're going to be an observer during that process, if I remember correctly. Page 121 January 8, 2002 MR. KRASOWSKI: It -- it actually, you know, would have been nice to have the characterization study be -- to put that information in the RFPs, because then people would have had more information to determine how they might service us. MR. OLLIFF: I agree. MR. MUDD: I'm trying to do it on the -- on the cheap, too, in the fact that -- that Malcolm Pirnie has done some -- MR. KRASOWSKI: The cheap. MR. MUDD: Yeah, I am. Because Malcolm Pirnie has done some studies of the trash in Lee County and in Dade and -- and Broward, and we're trying to get kind of an average. So we got it in the ballpark before -- and tried to escape that cost of doing that particular process if at all possible. CHAIRMAN COLETTA: I have a question for you, Robert. Are you receiving all this information in a timely fashion? For a while you were totally in the loop. I want to make sure you're still in the loop because you're a resource that we draw on for a lot of answers. MR. KRASOWSKI: I am pretty much, and I appreciate the -- you know, the response to my request for information. I must say that the holidays threw us for another loop because these are two of the three RFPs, and, you know, it's a lot of reading. I know you -- I -- I don't know. Did you read the RFPs? It's probably not necessary. CHAIRMAN COLETTA: That's why I got you. MR. KRASOWSKI: I won't even suggest you should have. CHAIRMAN COLETTA: I need you to make a meeting with my secretary so I can talk to you about some of-- MR. KRASOWSKI: Pretty much so, yes, we -- we are. And I'm arranging Zero Waste and our people get together with Mr. Yilmaz regularly, and we're going to set that up on a monthly thing. We were critical the last time I saw you in December before the Page 122 January 8, 2002 holidays to a -- to a degree of the way the RFPs joined the collection and the organic processing was who -- or who processes organics might have trucks to collect them as well, you know. But we've talked about that. ! mean, we've made our point, and hopefully at the end of all of this a nice result will occur. CHAIRMAN COLETTA: I'm sure it will, Robert, especially with you aiding us along the way. MR. KRASOWSKI: Until I disagree with you. CHAIRMAN COLETTA: Well, you'll never disagree because there's nothing to disagree about. MR. KRASOWSKI: We'll see this -- which brings us to pyrolysis. But, no, we'll see what happens. But, yeah, thanks for the clarification and-- MR. OLLIFF: And, Mr. Chairman, I'm going to caution the board just to remember that because there's an RFP process that you're going through and because Mr. Krasowski is a potential vender, you don't want to have scheduled meetings at this point just to-- CHAIRMAN COLETTA: He is a vendor? MR. KRASOWSKI: No. MR. OLLIFF: He is a potential. MR. KRASOWSKI: No, not potential. Bob Dylan said, "When you ain't got nothing, you've got nothing to lose." I've got nothing. So I have nothing to lose. So I can move through this issue free. MR. OLLIFF: That's fine then. MR. KRASOWSKI: I have no intention of being a -- a vendor or of any type. You know, and I vote -- we've tried to make that Zero Waste as part of our -- you know, for you to understand that. We're -- we're not looking for anything other than a citizen to participate in this and to learn from the process, later on cash in in some other way. CHAIRMAN COLETTA: Shame on me for a moment. For just Page 123 January 8, 2002 a moment there I thought you were becoming a part of the establishment. MR. KRASOWSKI: See, that's it. I didn't want you or anybody else to think by Mr. Ollift's comments that I was a potential vender. I'm not, but maybe I'm shooting myself in the foot here. MR. OLLIFF: No. Heaven forbid, I'm -- thanks for the clarification. MR. KRASOWSKI: Yeah, okay. Thanks. CHAIRMAN COLETTA: Move on to the next item-- COMMISSIONER HENNING: Do you need a motion? MR. WIDES: Commissioners, I believe we do not require any action on this. We will move these work orders from this contract to the appropriate contract. Therefore, we won't need any action on this -- on this issue. COMMISSIONER HENNING: Well, it was pulled from the consent, so we do need a motion. MR. OLLIFF: Actually, you don't because what they realized is that what he tried to explain earlier is we have standing term contracts. COMMISSIONER HENNING: That's okay. MR. OLLIFF: And you don't even need to waive the purchasing policy or the bidding procedures in order for us to do the work with Malcolm Pimie. CHAIRMAN COLETTA: This was an informational item? MR. OLLIFF: No. They're simply going to handle it in a different way. COMMISSIONER COYLE: COMMISSIONER FIALA: I appreciate it. MR. WIDES: It's a time filler; right? Thanks a lot for your information. You're welcome. Page 124 January 8, 2002 Item # 1 OK BUDGET AMENDMENT IN THE AMOUNT OF $165,000 TRANSFERRED FROM INCREMENTAL BEACH MAINTENANCE ACTIVITIES TO WIGGINS PASS MAINTENANCE DREDGING AND BID 02-3322 AWARDED TO LAKE MICHIGAN CONTRACTORS IN THE AMOUNT OF $513,000 CHAIRMAN COLETTA: Moving on, next item would be 10(K) which was formerly 16(C)7, to obtain approval on-- of a budget amendment which transferred funding to Wiggin (sic) Pass maintenance dredging and to contract with the recommended bidder. I don't know who pulled this. COMMISSIONER CARTER: Staff pulled it. MR. WIDES: Commissioners, Tom Wides for the record. We've talked about -- we've talked about our issues in other areas, so we wanted to make sure we at least covered beach with you for a few moments this afternoon. COMMISSIONER FIALA: We get into sewers and landfills and now beaches, huh? MR. WIDES: We'll come back with potable water at a different point in time, but we wanted to cover these three. Actually, all we really wanted to make you aware of is that this is an item that, in fact, for Wiggins Pass we had a planning process in place to put approximately 42,000 cubic yards in place every other year. Partially as a result of the storms during the previous summer, we've recognized the need to continue this dredging and move it up to a level of about 55,000 cubic yards, based on the surveys that we've, in fact, put in place. What we will be doing is, I believe, next week we will be going Page 125 January 8, 2002 in front of the CAC, Coastal Advisory Committee, and the Tourist Development Council to get their approval to -- for this incremental funding in the amount of 165,000, because of the additional sand required to be dredged. But we wanted to put this in front of you so that you could understand the direction that we were going and, also, ask for your approval contingent upon the approval of the TDC. But, again, what we're doing, this is a planned project. We've recognized the need to put a greater amount of sand in place than we had originally anticipated. And, so, therefore, we are requesting an additional $165,000 to put that additional sand in place at a comparable price per cubic yard. COMMISSIONER CARTER: I'm going to move for approval. COMMISSIONER HENNING: Second. CHAIRMAN COLETTA: We -- we have a motion. Was that a second? COMMISSIONER COYLE: Second, yes. CHAIRMAN COLETTA: A second, Commissioner Henning. Any other questions? (No response.) CHAIRMAN COLETTA: Call the question. All those in favor by saying -- oh, wait. Hold it. Hold it. Go ahead. MR. WEIGEL: One question for clarification. And that is if the vote of this board is contingent upon the vote of the TDC, then the TDC shall approve. If the TDC does not approve, what is the result of the board's vote today? The TDC has an obligation to review it and provide a vote. The obligation of the Board of County Commissioners is to review it and provide a vote, but they are generally not held to uphold the vote of the TDC, and I want to make that very clear on the record. MR. OLLIFF: So I think really what we want to say is subject to the recommendation of presentation to and in a formal Page 126 January 8, 2002 recommendation being made by the TDC -- MR. WEIGEL: I think that's fine, that it becomes of record. It will -- it will occur historically at the TDC meeting. When that event has held, then, at that point the vote -- vote of this board will become effective. MR. OLLIFF: The only reason we put this on the regular agenda is simply because we're out of sequence a little bit. But for timing issues we felt it important to get it as quickly through the process as we could. We don't expect any objection to it. It's simply a little more sand than we normally planned for, but because of the meeting schedules of the TDC and the CAC and the board, we're simply putting this on because you had the first opportunity for us to get it in front of you, and we have a narrow window to do dredging. COMMISSIONER HENNING: I amend my motion. CHAIRMAN COLETTA: The motion stands; the second stands. All those in favor indicate by saying aye. (Unanimous response.) CHAIRMAN COLETTA: (No response.) CHAIRMAN COLETTA: MR. WIDES: Opposed? Five to zero. Thank you. Commissioners, thank you. Item # 15 STAFF AND COMMISSION GENERAL COMMUNICATIONS CHAIRMAN COLETTA: Move on to future agendas? COMMISSIONER CARTER: Staff communications, I believe. CHAIRMAN COLETTA: Oh, staff communications. MR. OCHS: Thank you, Mr. Chairman. Leo Ochs, assistant county manager. Page 127 January 8, 2002 Very quickly, the county manager's office was recently contacted by a representative from the State Division of Forestry for some assistance in helping that agency meet its statutory public meeting notice requirements. So with the board's indulgence, I'd just like to make a quick announcement on that agency's behalf. And that is that the Florida Department of Agriculture and Consumer Services, the Division of Forestry, and the Okaloacoochee Slough State Forest Management Plan Advisory Group will hold a public hearing on Tuesday, January the 29th, 2002, at 6 p.m. The meeting will be held at the LaBelle Civic Center, LaBelle, Florida. The purpose of the meeting is to solicit public comments on management of the Okaloacoochee Slough State Forest, and comments may be presented orally at the meeting or in writing as well at the hearing. Thank you for your indulgence. COMMISSIONER HENNING: Where's the Hootchie-Cootchie Slough? MR. OCHS: Surprised that I'd be able to say that twice in one day. COMMISSIONER CARTER: These guys that are married in the first year, they've always got to get it to that point; right? MR. OCHS: Thankyou. MR. OLLIFF: Thank you. Now you know why I delegated that item. COMMISSIONER FIALA: Smart move. MR. OLLIFF: Mr. Chairman, the only communication other than that that I had was just simply a note that I had provided each of you in response to your direction to me at the last meeting, a proposed schedule that would include an agenda review-type meeting, as well as the potential for splitting the board meeting into two separate sessions, one dealing with land use and the other dealing with regular board items. I will tell you that I've had the opportunity Page 128 January 8, 2002 to meet with the majority of you about it and have not received any overwhelming response in favor of-- of the idea. COMMISSIONER FIALA: I'm glad to hear that. MR. OLLIFF: And, in fact, I -- I'll take the opportunity to go ahead and at least indicate that Commissioner Coletta as the new chair has indicated that, you know, if that were to come about, that he'd probably like to have the opportunity to see if he might just have the opportunity to work with me and see if we couldn't manage the meetings index a little better, perhaps, over the next couple of months and see if there's -- there's not an improvement, perhaps, just the speed with which we get through some meetings and that the board might want to consider having a regular date set up for workshops on a recurring basis should the board want to do that which I think addressed one of the major issues that was raised in terms of not having the public aware of the number of meetings that we have because they're not on a scheduled recurring basis. The commission -- the suggestion was that we circulate a memo and ask the board which date might be the best date of the week -- best day of the week in order to have a specific workshop date set aside, and-- and those were the two recommendations that I think were provided to you today. CHAIRMAN COLETTA: I might add to that that I'm going to do -- make every effort possible to avoid these meetings that go to nine o'clock at night. Commissioner Coyle, you went through -- you went through it last year November and December being unbelievable. With that I'm going to come back with a recommendation in November and December that we hold weekly meetings to be able to take the rush that's coming down and forget any workshops and just concentrate on bringing the year to a close so we don't have this large burden of everyone in the last minute to settle their business before the end of the year. Page 129 January 8, 2002 Also, too, I'd like for your consideration that when we see items such as a Pelican Bay or as a -- oh, there was a number of them out there, Falling Waters or Buck Run, that we take something like that and make it a little more user friendly and plan that for a late afternoon, evening-type meeting separate from our regular agenda, in some cases maybe even two of those land-use issues.' But I'll -- I'll come back to you and give you a more definite proposal so the people that come to that will be able to react at a time away from work without having to miss the time to be able to deal with their issue on a more timely basis than we have been. COMMISSIONER CARTER: Well, I-- CHAIRMAN COLETTA: One at a time. Commissioner Coyle first. COMMISSIONER COYLE: I -- I agree. I think the new chairman has the opportunity -- should have the opportunity to -- to structure this meeting -- these meetings in the way that is most beneficial to the public and to the board. Just a couple of-- of observations. And I hope this will be considered with respect to -- to making the meetings more efficient. Right now what happens is, we get a very, very large packet of information, and we have a couple of days to review it. And then we individually sit down with each member or members of the staff. There is no review with the staff relative to this huge packet by all of us. And -- and -- and a lot of times when one of you will ask the question about something on the agenda, it triggers a thought for me. It just seems to me that it's far more efficient for both the staff and the Board of Commissioners if we could sit down and have a workshop on this thing and we all get briefed the same information at the same time, we have a chance to get our questions out, and -- and -- and in that way we don't spend a lot of time during the meeting asking questions that probably should have been asked of the staff prior to Page 130 January 8, 2002 the meeting. And -- and -- and the other -- the other thing is, the staff-- the staff gives us an executive overview of every one of these things. And frequently there's a tendency of staff to come in and repeat the same thing to us again. Now, I feel like I can read it, and I think that I can ask you questions about it before the meeting. And I'm not necessarily sure I need to have the same thing repeated again and -- in another meeting. But that's just my personal preference. Maybe that's not the way you want it to work. COMMISSIONER FIALA: Well, I'd like to -- CHAIRMAN COLETTA: Commissioner Fiala, then Commissioner Carter. COMMISSIONER FIALA: Okay. My comment on that -- and I understand where you're coming from because a lot of times the questions that I ask Tom has said other people have asked, but you know what? If we had that question, I bet somebody in the audience or I bet somebody who is watching on television has no idea to the answer. Now, we've thought -- made it our business to -- to get the answer. And so we're satisfied. But then if they don't know, then they're going to question it anyway. So a -- a lot of times I think it's a good thing to -- to bring that out into the open. Like, for instance, some of these dollar funding issues that we brought up today, if-- if we wouldn't have brought them up, they wouldn't have known the answers out there as well. COMMISSIONER COYLE: Well -- well, but if you do that during the workshop, the workshop is fully televised, and the public has an opportunity to -- to understand then. And-- and I do agree that that serves a useful purpose of educating the public about why we're making a decision sometime. But I think we can use our judgment as to when we need to bring that up in a board meeting. Page 131 January 8, 2002 I'm -- I'm generally talking about just clarifications of some of the things that -- that they're -- they're -- that the staff is recommending to us. But I -- I just submit that for your -- your consideration. CHAIRMAN COLETTA: No. I'm glad you are. You're bringing it up, and, Commissioner Carter, I'd like to hear what you have to say, being the senior member of this board. COMMISSIONER CARTER: Yeah. I feel like the old man of this board after three years. CHAIRMAN COLETTA: I'm looking for your wisdom. COMMISSIONER CARTER: I wish I was so smart. The points that Commissioner Coyle makes are well taken. My greatest concern is that we don't get trapped into having a lot of meetings that never in my judgment improved efficiency of an organization in its whole -- whole life. If we have a preworkshop, I think at that point if you had -- and I would suggest two hours because if we can't get through it in two hours, there's something basically wrong with us, that once that is discussed here, I don't want to, in my judgment, see it come back and get rehashed out here in a board meeting. We've already answered those questions. If somebody has a question about it, they will come to us with a public comment slip and say I have a question, and I would like information, and that's what it's all about. But in my almost -- I'm going in my fourth year on the board. I don't think if-- I've had one or two people ever come to me and ask a question after the fact about a consent agenda or a summary agenda. They don't do that. So it does provide an opportunity to get some of the things in there. I'm not against that. I think we have to have some flexibility in -- when you have a heavy, heavy agenda -- and I would look to you, Mr. Chairman, and the county manager to say, look, we are coming up in this quarter and have some major land use and Page 132 January 8, 2002 operational decisions. I think we better go to a flex schedule here and maybe split this program. But I don't want to see us get locked down into, oh, my gosh, we've changed this, and we never can deviate from it, because if we do that, I think we will lose our efficiency in taking us to the next level. We've had some extraordinary circumstances that took place in 2001. When you operate with only four commissioners, it backlogs everything. And the new commissioner is coming in, got the brunt of the backlog, and then we went short again, and then Commissioner Coyle got the brunt of the backlog. You know, hopefully we're not going to go through that scenario again. So with some caution here, I'm supportive of what you're saying, Mr. Coyle -- Commissioner Coyle, and I would like to see us work to that next level, because I think it's time to go to the next level. It's not a question of how many times we meet as a Board of County Commissioners; it's a question of what we get done and are we efficient and have we used our time effectively, because if you get too many meetings, how are you going to serve your constituents? CHAIRMAN COLETTA: Wait. Wait just a minute. If I may, I want to have a shot of this, too, because I'm in the middle of it. I'm going to offer you some advice as a person who's had 13 months of experience with this job. The background that you need to be able to operate efficiently is not only this agenda here -- this is only the beginning of it. You need to read the planning committee agenda. Try to watch the meetings on issues that are of importance. You need to read the minutes from all the subcommittee meetings, and you need to attend some of their meetings every now and then, and this keeps you in touch of it so when it does arrive at your front door you're pretty well versed at every subject coming up. It's not no mystery. Anyone that takes this book home on Thursday and thinks Page 133 January 8, 2002 when they walk back here on Tuesday they've got all the answers, they don't. In fact, what I do on Saturday and Sunday, I go through here and try to find fault with it. I -- I rely on outside sources other than staff for a lot of answers. I go and I call people up that are mentioned in here, and I question them. And this is on items that are coming up as far as the legal end of it. But I question them on it. Sometimes I draw them out and get them to come to the meeting and raise objections to it to what's taking place. That's my vision of what a commissioner is. It's a lot more than just this particular meeting. I do hear what you're saying about the agenda, but I'll tell you something. I know it would be a lot easier for staff if they only had to come to this meeting for, like, two hours and answer our questions collectively, but I like to get into their head. At that point in time they walk into the office, I want them all for myself. I can go into great detail with what my questions are. And my questions are pretty specific because I've done a lot of research about anything that arrives at my front door. I'd hate to lose that opportunity. If we did it, I would still insist on staff coming in to talk to me ahead of time, and I would like to tie it into something that would give me a full day of employment. I don't want a two-hour session where I have to leave Immokalee and Everglade City for that day, be down here for the two-hour session, and then everything is lost for the rest of the day. I want to be productive to the ut -- to the utmost I can possibly be. I put in about 50 hours, 60 hours a week with this, even Saturdays and Sundays. And I don't want to spend a two-hour day in here just with the agenda. If it's tied in with something else, great. If we want to do it, we might want to consider doing it in the evening. That would be fine. I can still do my day, come here in the evening. Then we can do it from six o'clock to eight o'clock. We might want to think about. Page 134 January 8, 2002 Well, that's my thoughts. COMMISSIONER CARTER: You might be pretty lonely between six and eight. COMMISSIONER COYLE: You know, I've done this before, so I really don't need to be lectured about w hat I have to do to -- to perform my responsibilities. CHAIRMAN COLETTA: I apologize if that's what it appeared to be. COMMISSIONER COYLE: Nevertheless, the -- the issue essentially is this: Each of us takes up staff time, and-- and that's a waste of time. If we sit down together and we go through these things as a group, we can utilize the staff more efficiently. We can use ourselves more efficiently. And by having a general discussion, we benefit from each others' questions. I can't sit in your office and learn about the questions -- CHAIRMAN COLETTA: No, you can't. COMMISSIONER COYLE: I can't sit there and listen how you get into his head. If-- if you want me to benefit from that, then I'd like to see you do that. Okay. I'd like to see you get into his head and to the staff members, and I'd like to be present when that happens because I'd like to be there too. So, you know, it's not a matter of-- of wasting time. It's a matter of saving time. COMMISSIONER CARTER: Well, that's precisely my point. COMMISSIONER COYLE: Make you more efficient. COMMISSIONER CARTER: I'm with you. If we do that workshop, I would expect this board meeting to be expedited. COMMISSIONER COYLE: Yeah. COMMISSIONER CARTER: Because we have done the questioning, and we're not leaving out the population because they've got a workshop to watch. And it is a rerun of the workshop. So if you're -- don't see it until evening, you've got a chance to see it. Page 135 January 8, 2002 I will share this. This is a breakdown of what it costs to run a meeting. This is a cost of every person you call into your office per hour, and this was provided to me by the county manager's office, and I will share it with everyone. You know, the meter is running. It's just like talking to an attorney or a CPA when you call them in here. And I want to maximize that time. When it costs me fifteen five to run a board meeting at staff time, I'm saying, you know, a workshop runs us another $1500; that's a good investment of money as long as we're getting something done. But-- COMMISSIONER COYLE: I agree with you. If it's -- if it's duplicated in the regular meeting, it serves no -- no purpose. COMMISSIONER CARTER: I'm flexible, Commissioner. I think your ideas are great. I think we need to get to the next level of the commission as we ask our county management team to get to the next level. We're going to have an opportunity the end of January in our planning workshop to get at that item big time. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: Yes. CHAIRMAN COLETTA: Do you want to weigh in on this? COMMISSIONER HENNING: On this one topic? Let's see what it -- how much staff members that you're going to have there and know right now what it is is you're -- yourself or one of your deputies come down and -- and have the one-on-one that lasts an hour or so. Are we going to have a bunch of staff members at this premeeting hearing? MR. OLLIFF' Well, the way it's been proposed, the board the morning of the workshop -- because the workshop was scheduled to begin at one in the afternoon on a Monday, the board members would let us know which items they intended to ask some questions about or what they had issues with so that we could make sure we only had the staff that needed to be at the workshop there scheduled at one o'clock. Page 136 January 8, 2002 Are there likely to be more staff members than are currently meeting individually with you? Yes, probably so because I don't drag the utilities and the transportation or the solid waste staff with us when we meet with you individually in advance of a board meeting. Can they -- can they be effective and -- and can they be more efficient in terms of helping us run the board meetings? It depends a lot on how disciplined, frankly, we are when we get back together as a board on that following Tuesday and whether we did flush out all the issues and questions we had during the workshop and whether we're able then to just simply get to public comment and decisions and -- and that I can't answer. COMMISSIONER FIALA: Okay. I have another -- I agree with you. I think a workshop was nice in that, again, the people out there can hear the questions we have to ask and -- and the answers that we receive. That's a good form of communication. My -- my problem lies with the time that we -- that we need for this. Number one, I don't know about the rest of you, but I have my whole year planned. I'm sure you-all do, too; right? Every Tuesday for the next year is blocked out, and all Mondays are blocked for communication with people who have an issue on the agenda as well as with staff. Every Thursday I spend on Marco Island. That's my day for Marco. And -- because I -- I need to give them time. I'm sure each one of you have time in your respective communities as well. So I'm thinking of how can we work this so that we still have the time we've allocated for the year and -- and -- and work this workshop in. Is there a way that we can accommodate both of us? CHAIRMAN COLETTA: Late in the day would work out excellent. I could still get done what I have to do and be here for a workshop. I have no problem with spending the time. It's just that I don't want to cut out Everglades, Immokalee -- COMMISSIONER FIALA: And you shouldn't. Page 137 January 8, 2002 CHAIRMAN COLETTA: -- because it takes me forever to get there and get back. So the whole day is shot for a two-to-four-hour meeting. If we did it late in the day, I wouldn't have a problem. The later the better, and it would be absolutely wonderful. I think we could benefit from this. COMMISSIONER CARTER: With all due respect, I've got to disagree with that, Commissioner. I've got homeowner meetings up the gazoo coming up in the next three months, and those start at seven. And sometimes I've got afternoon meetings of homeowner groups. I -- I'm not going to go to this evening stuff any more than I've already committed. But, frankly, if that's a decision by the board, I will have to choose accordingly which ones I think I can be to and still get my job done as a commissioner. COMMISSIONER COYLE: Can I make a suggestion? Let's leave this up to the chairman, and let's forget the idea of the workshop. It's clear that the board doesn't like it. I -- I will withdraw my suggestion, and let us proceed exactly the way we were doing it right now. CHAIRMAN COLETTA: Well, I -- I think you're -- we're too deep into it now. There is interest other than just you and the subject. COMMISSIONER FIALA: I like the idea. COMMISSIONER COYLE: I think it's too disruptive, quite frankly. So -- so rather than -- than create any further disruption in your schedules, let's do it the way we've been doing it. COMMISSIONER FIALA: I would just add -- COMMISSIONER COYLE: And see how efficient it works. COMMISSIONER FIALA: I could add it to my schedule on a Monday night. CHAIRMAN COLETTA: I'm for it, adding it to the schedule. think it's an excellent idea. Let's leave the subject open. You can I Page 138 January 8, 2002 withdraw it, but I still think it's a subject for consideration. COMMISSIONER CARTER: I think it has merit, and I think splitting certain board meetings where it's heavy operational in land use has a great deal of merit. And there's a number of commissions that do that. So I think that we maybe get to situational in this discussion. I will leave it up to the chair and the county administration to come back and rework it with Commissioner Coyle. I am not against doing a workshop. I just am not going to commit myself to an evening to do that. COMMISSIONER COYLE: Yeah, I understand that. I understand that. I, quite frankly, don't think it's necessary. I'm not going to debate it anymore. I've worked under those circumstances. I know how well it works, but the chairman has the responsibility for making those kinds of decisions, and I think the chairman should -- should have the flexibility to do that. Okay? CHAIRMAN COLETTA: Thank you. I'm sorry. Do you have anything else? MR. OLLIFF: That's all. CHAIRMAN COLETTA: Mr. Weigel? MR. WEIGEL: On a lighter note, we've received -- just received yesterday afternoon from the civil rights division voting section of the Department of Justice their letter of no objection to the recent Board of County Commissioners redistricting effort that was approved by this board. And this is still warm in my hand. I'll be providing you each individual copies of it as well as to Mike Carr and Chuck Molhke, the supervisor of elections. I just want to let you know about it here. I'm going to provide it to the clerk to spread in the record, the minutes of this meeting, and we have the original in our office with our file. CHAIRMAN COLETTA: Thank you. Comments from the commissioners? Commissioner Henning? Page 139 January 8, 2002 COMMISSIONER HENNING: Yes. It's -- it was a nice break that we had, and I -- I missed each and every one of you. I enjoy being back, and one of the items -- no, I really. COMMISSIONER CARTER: I thought you didn't miss us at all. COMMISSIONER HENNING: No, I really do enjoy each and every one of you and your comments. The last time we met we had an item on the agenda that I had a lot of heartburn with making a decision, and that was the Kathy Prutos contract for $12,000 a month. The question that -- I guess that I failed to ask is, do we have the expertise in-house that we can do that duty that Kathy Prutos is doing and -- and-- and save some money. So -- I guess that's your department, John. MR. DUNNUCK: For the record, John Dunnuck, public services administrator, former community development environmental services administrator. To answer your question, Commissioners, we -- we've been in contact as a follow-up to that meeting with Miss Prutos to -- to find out exactly what those overhead expenses are on her part. We've just received them as of about a day and a half ago, and we are doing the analysis to see if potentially we can do it cheaper in-house. And I think that's the question the board's asking. I've directed Bleu Wallace to bring back an item to the commission, and I think he may be able to meet the 22nd deadline of -- of January to -- to present that back to the Board of County Commissioners and -- and see if we, in fact, can -- can work it out a little more efficiently than what it's currently being managed dollar wise. COMMISSIONER CARTER: I would agree with Commissioner Henning. I have the same -- same problems. Unfortunately, I had to leave before that vote was taken. But I think Page 140 January8,2002 divisioning process with the T -- with the tourism alliance and looking at how we move this internally and we really have a month- to-month sit -- well, we have a right to cancel the contract with anybody in that operation within 30 days, and I think that gives us the window of opportunity as we go through this to determine what is the best -- best way for Collier County to address this. And I'm like you, Commissioner Henning. I'm looking forward to that divisioning in a way that we take it internal and get the job done. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: Yeah, I -- I agree with that also. I have two concerns: One is the $64,000 over budget expenditure from the prior year, and -- and I would just hope that you bring that back to the board and it -- it doesn't require that the -- the taxpayers or somebody make up that money. Okay? That -- that is a -- is a great concern from my standpoint with respect to management of those funds. The second thing is that the tourism alliance, as I understood it, was coming back with some recommendations about how they would like to have this structured. And I believe the time frame was three to five weeks from sometime early, mid-December. So we are approaching that point. Do we know if we're on schedule with -- with receiving those recommendations? MR. DUNNUCK: Well, I think the board's direction was that we have a plan together in place by March 1st. I think that's the direction. We've discussed the visioning that Commissioner Carter alluded to which I think they are -- they have all the players involved in it in a three- to four-hour visioning meeting scheduled for January 18th, so it's upcoming. To answer the other question with regard to the invoicing, the dollar amount's up to about $76,000 right now from what we've been able to uncover up to this point, and we will be bringing that -- that Page 141 January 8, 2002 back to the Board of County Commissioners on January 22nd. COMMISSIONER COYLE: Okay. Thank you. That's all I have. COMMISSIONER FIALA: I'd like to just add, I'm so glad you brought this back up. I've been having a lot of heartburn about it myself. Thank you. COMMISSIONER HENNING: Just to -- just to finish up -- and I was sincere -- I think this board is very diverse and -- and well meaning and -- and working for the community. So I did have some thoughts of what everybody is up to and what's their schedule for the next upcoming year so ... CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: I'm-- I'm okay. No more. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Yes. I have two things that I would like to bring up. First of all, I would like to ask you, Commissioners, number one, we had -- we voted on something at the last meeting, actually two things that we voted on. I'll bring each one separately. On Polly Avenue we voted on some acreage that a man wanted to divide. He had, I believe, 4.7 acres or something like that. And the man wanted to divide it. The material that he presented to us was that he wanted to divide this property in half, 2.7 acres each or something to build a house for his son on his property. Lo and behold, the very next day he then put a for sale sign on his property for one and a quarter acres at $82,000 apparently not planning on doing it after all. So my problems are, number one, I felt we were duped there. Number two, maybe -- maybe it's okay to be duped, but the neighbors were never notified that this was going to happen. It only came before the planning board five days before it came before us. So we had no time to notify anybody of the public Page 142 January 8, 2002 meeting. The neighbors didn't have a chance to respond. We, as a board, then, said to the audience, is there anybody that objects to this. Nobody did, and we figured, well, that was fine. If nobody had a problem with that, even though these are all ag lands back there, we would vote with it. Well, lo and behold, the reason we -- nobody responded was because nobody was notified. So I've had a few calls. This is in my district. I've had a few calls from some of the people in the area saying they're very unhappy with this. They at least wanted to be able to respond. So what I'm doing is asking you as a board if we would be allowed to bring this back before you for reconsideration and this time publicize it so that the neighbors in the area can bring their comments forward. CHAIRMAN COLETTA: Before we go any farther-- I know, Commissioner Henning, you're next -- are we within our legal abilities to be able to do this, or is the time period passed? MR. WEIGEL: The time period is passed. Under the reconsideration ordinance, member voting with a majority on an approved item such as this may bring the item back either during the meeting that it was voted upon or subsequent to the meeting, but it must be done by the procedure of the reconsideration ordinance which requires a memo to the county manager at least six days prior to the item being placed on the agenda for a -- an initial motion to reconsider. Now, as you recall, the initial motion to reconsider merely then would schedule the item for reconsideration on the matter in chief at the next available board meeting, regular meeting. In this particular case, the action taken was on December 1 lth, I believe, and we're at January 8th right now. The next board meeting is January 22nd, and the -- a -- a vote on a motion to reconsider must occur, according to our law, within 30 days of the original approval. Page 143 January 8, 2002 So I think in this particular case our ordinance, our procedure, would make any additional reconsideration and potential revocation of a rezone that was given suspect. And I'd have to advise -- more than suspect. I'd have to advise you that it had legal significant legal problems along that way. But I think it's also important to note that in the consideration that this board and the planning commission has of a zoning change -- in this case I believe it was from agricultural zoning to a residential zoning -- that the ultimate immediate desire, the immediate or alternate later desire of the petitioner, the owner, to the use they're going to put of their land, a specific use of divide it, sell it to their mother-in-law or provide a home or break it right down the middle, ultimately is not of the -- of the matters for consideration of the board in a rezone. The board looks at the compatibility and the -- and the passage of time and the compatibility of the requested change in zoning with the property that's around it. And ultimately the density of the property, in this case potentially being divided into more lots than apparently was indicated on the record as a split down the middle, the density of the property is the density of the zoning that you approve. And whether there's an initial development pursuant to a promise or breaking a promise to build the property at less than its maximum density doesn't change the fact that the property when rezoned can ultimately be developed to the density that the code allows for that particular parcel. And the same thing happens for redevelopment, as we see in North Naples later on, you know, at a later point in time when market conditions may make such a -- such a change feasible. So if you were to bring this back for reconsideration, which I don't see the procedure there -- there for you to do, the fact is that the discussion or promises of who they sell the home to or how they divide the land at any particular point of time is not really germane to Page 144 January 8, 2002 the compatibility and the review of the zoning -- rezoning application against our comprehensive plan. And this particular parcel on Holly Avenue, I think it was -- Holly or Polly. COMMISSIONER FIALA: Polly. MR. WEIGEL: This one's Polly -- is in the urban area, so it's ag land in the urban area, and that was another element that was taken into consideration in the presentation. One last thing, in regard to the advertisement, this is where I think you can, in fact, direct staff, county manager, county attorney, to review and see if-- in fact, if there was a lack of advertisement or something illegal in the procedure which taints the procedure in any other way, and then we would come back to you and provide you a memo report and-- and, if need be, an agenda item also letting anyone in the neighborhood that wishes to become a part of or has already become a part of the discussions with staff be fully advised so if it is to come back to a board, they'll know; and if it's not to come back to a board, they'll know that too. CHAIRMAN COLETTA: Commissioner Henning, did you have something? COMMISSIONER HENNING: No. CHAIRMAN COLETTA: You had two items, two? I'm sorry. You finished this item up. COMMISSIONER FIALA: Yes, thank you. And I believe that because it -- it appears that we did not follow procedure before bringing it forward. Plus, of course, we've had the holidays in between this area and six days before would have been the ! st of January which -- or 2nd of January, which wouldn't have been very good, meaning that we had all of those days off. But going back to -- originally to what I was starting to say, I don't think we followed procedure correctly in the beginning because we didn't notify the public. We didn't notify the neighbors in time Page 145 January 8, 2002 enough to prepare for this meeting. In fact, no one even knew of it, so they weren't here. MR. WEIGEL: Right. COMMISSIONER FIALA: I believe that we owe them that. I don't -- I don't see that that's illegal. What I'm saying is it didn't follow procedure, and so I would really like to bring that back. Not only that, but then I specifically remember in our material the man was supposed to divide it in two equal parts, 2.4, 2.7, something like that. And now he's not dividing it into that. He's selling it at one -- one-third or one-fourth of it, 1.4 acres instead. And I just feel that this is something I would like to look at again, and I would ask the other board members to work with me and -- and revisit this. MR. WEIGEL: Okay. Well, and if you bring it back, that will be fine. And I will advise you legally on all aspects of any decisions that you may entertain at that time. But in the meantime, Tom and I will roll up our sleeves to look to see what aspects of the procedure may have been missed. I'm not sure factually that that is the case, that the advertisement wasn't there. But we will check that out and -- and, you know, advise you individually through mail -- in a group -- in a group memo so you're all advised in that regard. We will do that post haste. But if you bring the matter back, obviously I'm always constrained to do to the collective board. I will make you -- I will provide you the advice that I do so you can make the decision. CHAIRMAN COLETTA: Commissioner Coyle. COMMISSIONER COYLE: With respect to what constitutes proper public notice, there was a sign on the property that was publish -- that was placed there for a long period of time concerning the fact it was going to be rezoned. Does that constitute proper notice? MR. WEIGEL: It may. Typically on that signing is also the Page 146 January 8, 2002 information as to when the hearings will be held. There's a possibility, by virtue of the short time between the planning cormnission and the Board of County Commissioners' meeting, that there were continuances of one or the other bodies of hearing this matter, which may play hob with the process. We want to look at that very closely. COMMISSIONER COYLE: I agree with Commissioner Fiala. I don't like being hoodwinked on things like this. MR. WEIGEL: Right. COMMISSIONER COYLE: I've seen it done before. I don't like it. If we can do anything about it, I'd like to do it. COMMISSIONER FIALA: Thanks. COMMISSIONER CARTER: I would concur, Commissioner Fiala and Coyle, that if there has been a violation of due process, we need to bring it back and revisit it. I think the other thing we can learn from this is don't make land-use decisions on the personal side of it. The land-use decision is made on the basis regardless of whether his son builds there or Joe Jones. It's a land-use decision. Are you going to make that decision based on that basis and keep the personal aspects out of it, because they're going to come back and haunt you every time? And any petitioner that comes in front of us is a lesson learned. I don't care what they do with it. I'm going to evaluate it on the merits of a land use, and from there they can do whatever they want with it. CHAIRMAN COLETTA: In any case, I think I see four commissioners asking for a report back from the county attorney. COMMISSIONER CARTER: Right. I want to make sure we didn't violate process. CHAIRMAN COLETTA: Right. COMMISSIONER CARTER: But if we didn't, then it has to stand. Page 147 January 8, 2002 COMMISSIONER COYLE: Yup. COMMISSIONER CARTER: And there is a certain process for reconsideration regardless, and all of us have to always be in tune with that. Believe me, Commissioner. I've missed a couple opportunities because I didn't follow that process. CHAIRMAN COLETTA: Commissioner Fiala, I believe you said you have two items. COMMISSIONER FIALA: Yes, that's the first one. And thank you very much. The second one, last night at the Republican executive committee -- you were there, Commissioner Coyle, and you were there, Commissioner Carter -- they -- they had speakers from the Hispanic community, representing the Hispanic community who then had asked the same question that they had asked of us, and that was if -- if they would support or encourage -- or support a resolution to encourage dialogue between the two communities without ever giving any support or anything. And I spoke with Mike Carr afterwards, and Mike said he would hope that we would bring that back forward. I said I really couldn't do that because I voted in favor of it. I wasn't with the majority, and I was just wondering if anybody else wanted to have that brought before us? COMMISSIONER CARTER: First of all, it's gone past the point of reconsideration. Number two, whether it came back or not, I wouldn't change my vote. COMMISSIONER COYLE: They have the option of bringing it back to the commission if they want to do so. COMMISSIONER FIALA: Do they? MR. OLLIFF: (Nodded head.) COMMISSIONER FIALA: Okay. Thank you. Okay. I -- I can suggest to Mike Carr, then, if he would like to talk with them and see if they wanted to bring it back Page 148 January 8, 2002 forward, he could do that; right? COMMISSIONER HENNING: Why don't you suggest to Mike Carr that the Republican party ask the farmers to sit down with the --. COMMISSIONER FIALA: They did. They voted for that last night. COMMISSIONER CARTER: That's what they voted to do. COMMISSIONER HENNING: No. to reconsider. COMMISSIONERFIALA: No. No. Not for the commissioners They voted -- they voted to send a resolution to the farmers asking them to have a dialogue. It had nothing to do with commissioners. COMMISSIONER COYLE: The objective last night was to encourage Hispanic members of the community to participate in the political process and in the Republican party in particular. And that certainly was -- was an effort by the Republican party to open up their arms and try to get them to participate. And in that context, the motion, I think, was very appropriate. But I think what Commissioner Henning might have been getting at is that -- is that something more than a resolution has to be done if somebody expects to solve this problem and -- and we can have resolutions for -- until we have snow here in Naples, and we're not going to solve that problem. It would seem to me and -- and, perhaps, you'd want to talk with Mike Carr about this, and I'd be happy to do so also, but it might be appropriate that the Republican executive committee establish a committee that is designed to help deal with that issue and-- and get away from these -- these resolutions which, quite frankly, don't accomplish anything, in my mind. I believe that the Hispanic members of the community would be far more interested in a subcommittee of some kind of the Republican executive committee that would go out and help them solve some of these problems and thereby convince them that, yes, Page 149 January 8, 2002 they are welcome in the Republican party and, yes, we do need their support to fight this -- this partitioning of Collier and Lee County because as sympathetic as I am to the problem, I -- I think it's a useless exercise. We've already tried to get the growers involved, yes, twice. And what they're going to do is ignore any resolution we pass. So we're -- nothing is going to be accomplished. So all I'm suggesting is that the Republican executive committee and Republican party in general wants to encourage the Hispanic members of the community to get involved. And I can't think of a better way to do that than -- than to have the Republican party and the executive committee take the issue in hand and go do something with it. CHAIRMAN COLETTA: I think that's an excellent idea myself. COMMISSIONER CARTER: I -- I con -- concur, Commissioner Coyle. And as I said before, Florida Gulf Coast University offers resources. And I really believe that's far more productive than resolutions to address those issues and -- and to move forward with the process. And I believe the Board of County Commissioners has made a lot of commitments to the areas that really impact Immokalee, and that's getting the right housing, getting a lot of the stuff cleaned up, the initiatives, doing so much to support what we can really help the community with versus passing a resolution, which I agree with you a resolution is a resolution is a resolution. CHAIRMAN COLETTA: Thank you. COMMISSIONER CARTER: I guess even though you think I'm Commissioner Henning, I -- that's forgotten, you know, forgotten already. Just a couple quick items. One, I received a letter from the Collier County Airport Authority where their board unanimously Page 150 January 8, 2002 voted and requested that we have a workshop with their board at the Immokalee Airport subject to, you know, our approval and our agenda that we worked out with the county manager. So the question before this board is, would you like a joint meeting with the airport authority board? And they have presented an agenda which I will circulate to you and how they would like to interact with this and do a better job. CHAIRMAN COLETTA: Does that include the productivity committee, members coming to be part of this discussion and workshop? I think because of the history they've got with it, it might be advantageous if we included them. COMMISSIONER CARTER: I don't -- they're just giving us a suggested outline. We could add anything that you would desire, Cormnissioner. CHAIRMAN COLETTA: Speaking of the productivity committee, not that I want to jump in on your five minutes here, but we need -- Mr. Henning, you just inherited it by becoming the vice chair. I kind of hope that we'll be able to wean him off the airport authority by coming up with some answers that are over and above what we've been able to get so far so that we can start the productivity committee, move -- moving back towards the business of making us productive in county government, which originally it was set up to do. COMMISSIONER CARTER: And I'll give that to you, and copies should go to the commissioners. CHAIRMAN COLETTA: I'll see that everyone gets a copy. COMMISSIONER CARTER: I'll leave that in your good hands, Mr. Chairman. CHAIRMAN COLETTA: I guess -- do you have any other comments? COMMISSIONER CARTER: Just a couple of quick things. It's Page 151 January 8, 2002 whatever the board will eventually decide they want to do. Before I had the pleasure as chair -- I had a vice chair for the majority of that period who had already been a chairperson who had the experience. But what's happened in the past, when you're a vice chair and you're not given an opportunity to participate in the brief time we operated, Commissioner Coletta, we begin to make some transition there to accomplish that. So my suggestions, for whatever they're worth, is that the -- the chairperson has an opportunity to work with other. commissioners. For example, the vice chair well could chair the TDC, and that is done in many, many counties where that person takes that load off-- off of the chairperson. There probably isn't any reason where, if you wanted to have a chairperson for the LDC amendment process, become the focus of that so that some of the workload is -- is disbursed from the chair. And I -- and I would say -- and all people have been in -- in that seat, there's a horrendous amount of paperwork that you're about to experience. Number two, there are a lot of demands from the community because you are the chair, or if you are a mayor, they -- they come to you, and they want you to come and be a part of the process. So I think it -- you don't have enough demands on your time already, you will find that you have another challenge. CHAIRMAN COLETTA: I hear you. COMMISSIONER CARTER: So whatever works for you as a chairperson, you know, Godspeed. I think that today you did a great job, and I -- and I applaud you, and it's my pleasure to slide down here and just watch this thing continue to grow. Thank you. CHAIRMAN COLETTA: Thank you. And I have the final comments. I just want to say that it's really a privilege to receive this honor. I realize it's an extra workload, and I am sure before we finish up our tender (sic) here that each one of you in turn will also do it. Page 152 January 8, 2002 You're all very capable people, and I've enjoyed serving under you when you were chair as the vice chair, and I'm looking forward to being the chair this year, and in the future I'll look forward to serving underneath the rest of you. I see you raising your hand. Something -- something you wanted to say, Mr. Olliff?. MR. OLLIFF: Good luck, Godspeed. CHAIRMAN COLETTA: Were you waving good-bye? MR. OLLIFF: I'm trying to -- to determine whether the board made a decision on a workshop with the airport authority or not. I'm not sure that I got a decision from the board. CHAIRMAN COLETTA: I -- I am for it. We got one, two, three, four, five. COMMISSIONER HENNING: I would-- my only comments -- and I haven't seen the agenda, but why can't we do it here in this meeting room where the majority of the people are that utilize airport author-- airport-- CHAIRMAN COLETTA: And we've got our staff here to be able to call on for assistance. COMMISSIONER CARTER: I think under agenda, Commissioner Henning, the reason that I suggest that they want you to have the opportunity to tour the incubator facility, but that's something that can done on an individual basis. COMMISSIONER HENNING: Sure. COMMISSIONER CARTER: It's the pleasure of the board. MR. OLLIFF: Or you could combine it with your January 15th Immokalee town hall meeting that's already scheduled to be in Immokalee, and that would allow you to combine meetings. COMMISSIONER HENNING: Sure. That's a great idea. COMMISSIONER FIALA: That's a great idea. MR. OLLIFF: I'll take those five nodding heads as direction that we'll try our best to combine those on the January 15th meeting. Page 153 January 8, 2002 CHAIRMAN COLETTA: And with that, I won't delay this meeting any longer. Let's bring it to a close. Commissioner Henning moved, seconded by Commissioner Fiala and carried unanimously, that the following items under the Consent and Summary Agendas be approved and/or adopted: Item #16Al COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION FOR A DRAINAGE PROJECT ON L1NWOOD AVENUE IN THE BAYSHORE/GATEWAY TRIANGLE COMPONENT REDEVELOPMENT AREA TO FURTHER PROMOTE REDEVELOPMENT - WITH A CASH MATCH NOT TO EXCEED $72,000 Item #16A2 FINAL PLAT OF "WILLOUGHBY PINES REPLAT" WITH THE CONSTRUCTION & MAINTENANCE AGREEMENT, PERFORMANCE SECURITY AND STIPULATIONS Item #16A3 CONVEYANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR ARBOR LAKES AT NAPLES HERITAGE AND RELEASE OF THE UTILITIES PERFORMANCE SECURITY Item #16A4 Page 154 January 8, 2002 ACCEPTANCE OF WATER FACILITIES FOR IBIS CLUB APARTMENTS AND RELEASE OF THE UTILITIES PERFORMANCE SECURITY Item #16A5 RESOLUTION 2002-01 GRANTING FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "TIMARRON UNIT TWO" AND RELEASE OF THE MAINTENANCE SECURITY Item #16A6 RESOLUTION 2002-02 GRANTING FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "ARIELLE (PHASE TWO)" AND RELEASE OF THE MAINTENANCE SECURITY Item #16A7 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION FOR A NEIGHORHOOD REVITALIZATION STREETLIGHTING PROJECT IN WEED AND SEED TARGET AREA OF THE IMMOKALEE COMPONENT REDEVELOPMENT AREA TO FURTHER PROMOTE REDEVELOPMENT Item # 16A8 Page 155 January 8, 2002 RESOLUTION 2002-03 APPROVING AND RATIFYING THE FILING OF THE APPEAL AND THE DESIGNATION OF THE LOCAL DESIGNATED OFFICIAL REGARDING FLOOD INSURANCE STUDY MAPS PROPOSED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY FOR COLLIER COUNTY, FLORIDA Item # 16A9 RFP 02-3317 REGARDING PROFESSIONAL CONSULTANT SERVICES FOR A PARKS AND RECREATION IMPACT FEE UPDATE Item # 16Al 0 CARNIVAL PERMIT CP2002-01 REGARDING PETITION CARNY-2001-AR-1852, DUANE WHEELER, CHAIRMAN, ROTARY CLUB OF IMMOKALEE, TO CONDUCT A CARNIVAL ON JANUARY 17 - 20, 2002 ON COUNTY OWNED PROPERTY AT THE IMMOKALEE REGIONAL AIRPORT, 520 AIRWAYS ROAD AND GRANTING WAIVERS OF THE CARNIVAL, OCCUPATIONAL LICENSE AND SURETY BOND FEES Item #16B 1 DEVELOPER CONTRIBUTION AGREEMENT WITH DIVOSTA BUILDING CORPORATION AND ISLANDWALK DEVELOPMENT COMPANY FOR ROAD IMPACT CREDITS SUBJECT TO DEVELOPER COMPLYING WITH ALL Page 156 January 8, 2002 CONDITIONS OF THE AGREEMENT IMPOSED BY THE COUNTY Item # 16B2 BID #01-3277 FOR "MOWING OF GRASSED OR VEGETATED AREAS" - AWARDED TO THE LOW BIDDER, SOUTHERN SERVICES OF LABELLE, INC.- FOR THE COST OF $15.20 PER ACRE Item # 16B3 AMENDMENT NO. 1 TO WORK ORDER NO. ABB-FT-01-02, ASSIGNED TO AGNOLI, BARBER & BRUNDAGE, INC. FOR THE PREPARATION OF CONTRACT DOCUMENTS FOR INTERSECTION IMPROVEMENTS AT RADIO ROAD AND DAVIS BOULEVARD; PROJECT NO 65031,CIE # 16- IN THE AMOUNT OF $57,610 Item #16B4 BUDGET AMENDMENT RECOGNIZING CARRY FORWARD FOR THE TROPICANA BLVD. PROJECT IN THE GOLDEN GATE MUNICIPAL SERVICES TAXING UNIT (MSTU) FUND 136 Item # 16B5 ADDITIONAL FUNDS FOR THE PURCHASE OF RIGHT-OF- WAY FOR THE CONSTRUCTION AND MAINTENANCE OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS FOR Page 157 January 8, 2002 PHASE TWO OF THE IMMOKALEE ROAD FOUR-LAN1NG PROJECT FROM RIVERS ROAD TO JUST WEST OF WILSON BLVD., PROJECT NO. 60018 - IN THE AMOUNT OF $1,097,154 Item #16C1 - MOVED TO ITEM #10I Item #16C2 BID NO. 01-3301, TO PURCHASE A ROLL-OFF TRUCK, FOR THE NAPLES RECYCLING CENTER- AWARDED TO RDK TRUCK IN THE AMOUNT OF $81,246 Item #16C3 RFP NO. 01-3279 TO PURCHASE CORROSION INHIBITOR PRODUCT AND SERVICES - AWARDED TO LAZENBY & ASSOCIATES Item gl 6C4 - DELETED Item #16C5 AGREEMENT WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RELATED TO THE SOUTH COUNTY RECLAIMED WATER STORAGE PONDS AT EAGLE LAKES PARK Item #16C6 - MOVED TO ITEM # 10J Item # 16C7 - MOVED TO ITEM # 1 OK Page 158 January 8, 2002 Item # 16D 1 CONTRACT NO. 96-2489, "TENNIS FACILITY AND OPERATIONS," AMENDED AND RENEWED WITH LEWIS TENNIS, INC., FOR AN ADDITIONAL FIVE (5) YEARS Item # 16D2 BUDGET AMENDMENT RECOGNIZING $2,000 REVENUE FROM A DONATION AND AUTHORIZING EXPENDITURE FOR A MEMORIAL BENCH Item #16D3 AMENDMENT TO AGREEMENT BETWEEN DATA RESEARCH ASSOCIATES, INC. AND COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FOR PUBLIC LIBRARY TO 1NCREASE THE 1NTERNET SERVICES Item # 16E 1 BUDGET AMENDMENTS TRANSFERRING FUNDS WITHIN 301 PROJECTS FOR INDOOR AIR QUALITY IMPROVEMENTS AT THE SHERIFF'S NORTH HORSESHOE DRIVE OPERATIONS FACILITY AND APROVAL OF CHANGE ORDER AS ADDRESSED IN THE EXECUTIVE SUMMARY TO FINISH THE NEW GOLDEN GATE SHERIFF'S SUBSTATION Item # 16E2 - DELETED Page 159 January 8, 2002 RFP 01-3290 "FIXED TERM PROFESSIONAL ENGINEERING SERVICES," FOR UPCOMING ENGINEERING SERVICES, AS NEEDED - STAFF TO NEGOTIATE WITH SELECTED FIRMS AS INDICATED IN THE EXECUTIVE SUMMARY Item #16E3 RFP 01-3292 "FIXED TERM PROFESSIONAL STRUCTURAL ENGINEERING SERVICES" FOR UPCOMING ENGINEERING SERVICES, AS NEEDED - STAFF TO NEGOTIATE WITH SELECTED FIRMS AS INDICATED IN THE EXECUTIVE SUMMARY Item # 16F 1 BID NO. 01-3262 FOR THE PURCHASE OF PERSONAL PROTECTIVE EQUIPMENT FOR THE EMERGENCY MEDICAL SERVICES DEPARTMENT - AWARDED TO MUNICIPAL EQUIPMENT, TEN-8 FIRE EQUIPMENT, ELITE FIRE AND SAFETY EQUIPMENT, AND BENNETT FIRE PRODUCTS IN THE ESTIMATED YEARLY COST OF $37,335 Item #16F2 COMMUNITY SPECIFIC TRAINING IN THE INTEGRATED EMERGENCY MANAGEMENT COURSE-ALL HAZARDS, AT THE NATIONAL EMERGENCY TRAINING CENTER- IN THE AMOUNT OF $125 PER ATTENDEE; ESTIMATED TOTAL COST FOR THE ENTIRE CLASS IS $10,000 Item # 16G 1 Page 160 January 8, 2002 BUDGET AMENDMENTS NO. 02-085 AND 02-090 Item #16J1 MISCELLANEOUS CORRESPONDENCE- FILED AND/OR REFERRED The following miscellaneous correspondence, as presented by the Board of County Commissioners, has been directed to the various departments as indicated: Page 161 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE FOR BOARD ACTION: 1. 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. Disbursements for November 20, 2001 - November 27, 2001. 2. Disbursements for December 5, 2001- December 11, 2001. 3. Disbursements for December 12, 2001 - December 18, 2001. 4. Disbursements for December 19, 2001 - December 25,2001. Districts: Golden Gate Fire Control & Rescue District_- Agenda for December 12, 2001. Isles of Capri Fire Rescue District Advisory Board Meeting - Minutes of August 23,2001. o Big Cypress Basin Board of South Florida Water Management District - Minutes of December 6, 2001. a) Big Cypress Basin Urban Mobile Irrigation Lab Quarterly Report, 3rd Qtr Project Year September 1 -November 30, 2001. Collier Soil and Water Conservation District - Agenda for December 5, 2001. Minutes: Bayshore/Gateway Triangle Local Redevelopment Advisory Board Regular Meeting- Minutes of November 8, 2001 a) Incentives Sub-Committee Meeting - Agenda for December 6, 2001 Immokalee Local Redevelopment Advisory Board - Minutes of October 25, 2001. H:Data/Format o 10. 11. 12. 13. 14. 15. Southwest Florida Workforce Development Board, Inc. - Agenda for November 14, 2001, Minutes of September 28, 2001. Rural Lands Assessment Area Oversight Committee - Agenda for November 13,2001, Minutes of September 17, 2001, October 22, 2001. Bayshore Beautification M.S.T.U. Advisory Committee - Minutes of October 3,2001. Historic & Archaeological Preservation Board - Agenda for November 16, 2001, Minutes of October 19, 2001 Collier County Airport Authority - Agenda for October 22, 2001, Agenda for November 19, 2001, Minutes of October 22, 2001 Collier County Productivity Committee Report to the BCC on Review of the Airport Authority, October 24, 2001 Collier County Library Advisory Board - Agenda for October 24, 2001. Environmental Advisory Council - Agenda for November 7, 2001, Agenda for December 5,2001 Golden Gate Beautification Advisory Committee - Agenda for November 13, 2001, Minutes of October 9, 2001 Collier County Contractors' Licensing Board -Agenda of October 17, 2001. Collier County Planning Commission - Agenda for November 15, 2001, Agenda for January 3, 2002. Rural Fringe Area Assessment Oversight Committee - Minutes of November 14, 2001, Minutes of November 28,2001. Emergency Medical Services Advisory Council - Agenda for December 5, 2001. Pelican Bay MSTBU Advisory Committee -Agenda for December 17, 2001, Agenda for November 29, 2001, Minutes of November 29, 2001, Sub-Committee Meeting Minutes - November 29, 2001. a) Clam Bay Sub-Committee Agenda for November 28, 2001. b) Clam Bay Sub-Committee - Agenda for November 1,2001 D. Other: H:Data/Format 1) 2) Collier County Tax Collector - Letter from Guy L. Carlton - Amendment to FY 2001-02 Budget. Letter from Wilson Miller re: Immokalee Road South Conditional Use Property Owner Notification. H:Data/Format January8,2002 Item 16K1 AMENDMENT OF SPENDING PLANS ASSOCIATED WITH THE OFFICE OF STATE COURT ADMINISTRATION GRANT- IN-AID AGREEMENTS FOR THE YEARS 1999, 2000, 2001, AND 2002 (CIVIL TRAFFIC HEARING OFFICE PROGRAM); CLERK TO RECOGNIZE $24,700.15 GRANT PROCEEDS INTO THE GENERAL FUND; CLERK TO RETURN TO OSCA $6,728.71 IN UNJUSTIFIED GRANT PROCEEDS FOR THE FISCAL YEAR 1999; AND APPROVAL OF SWORN STATEMENT ATTESTING TO THE GRANTEE'S COMPLIANCE FOR FISCAL YEAR 2000 GRANT-IN-AID AGREEMENT Item #16K2 AGREEMENT BETWEEN THE SHERIFF'S OFFICE AND QUAIL CREEK OWNER'S ASSOCIATION TO ENFORCE TRAFFIC CONTROL LAWS OVER PRIVATE ROADS WITHIN THE QUAIL CREEK ESTATES SUBDIVISION Item # 16K3 COLLIER COUNTY SHERIFF DESIGNATED AS THE SIGNING OFFICIAL AND CONTACT PERSON FOR THE SIXTH YEAR STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP) GRANT FUNDS Item #16K4 Page 162 January 8, 2002 ORDINANCE TO BE ADVERTISED TO IMPOSE A MANDATORY COURT COST OF $3.00 FOR FUNDING TEEN COURT Item #16K5 AUTHORIZATION FOR PAYMENT AND BUDGET AMENDMENTS RELATED TO REBATABLE ARBITRAGE ON SPECIAL OBLIGATION REFUNDING REVENUE BONDS, SERIES 1997, AND THE FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION POOLED COMMERCIAL PAPER NOTE A-10-1 Item # 16L 1 AUTHORIZATION TO ENTER INTO SETTLEMENT OF ALLSTATE INSURANCE COMPANY V. COLLIER COUNTY, CASE NO. 01-1824-SP - IN THE AMOUNT OF $331.80 Item # 16L2 AUTHORIZATION OF JUDGMENT TO RESPONDENT, JERJO LIMITED, INC., FOR PARCEL 142 IN THE AMOUNT OF $14,500 IN THE LAWSUIT STYLED COLLIER COUNTY V. OWEN M. WARD, TRUSTEE, ET AL, CASE NO. 99-1291-CA, PROJECT NO. 65031 - $800 TO BE PAID INTO THE REGISTRY OF THE COURT Item #16L3 Page 163 January 8, 2002 STIPULATED F1NAL JUDGMENT RELATIVE TO THE CONDEMNATION OF PARCEL 175C AND 575C IN THE AMOUNT OF $40,235 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. RICHARD H. EVANS, ET AL, CASE NO. 01-1235- CA, LIVINGSTON ROAD PROJECT NO. 60071 - $8,835 TO BE DEPOSITED INTO THE REGISTRY OF THE COURT Item #16L4 AUTHORIZATION OF OFFER OF JUDGMENT TO RESPONDENTS, RUSSEL BAISLEY AND PATRICIA M. BAISLEY, FOR PARCEL 160 IN THE AMOUNT OF $29,960 IN THE LAWSUIT STYLED COLLIER COUNTY V. RUSSELL BAISLEY, ET AL, CASE NO. 01-0758-CA, PROJECT NO. 60071 - $8,260 TO BE DEPOSITED INTO THE REGISTRY OF THE COURT Item #16L5 AUTHORIZATION OF OFFER OF JUDGMENT TO RESPONDENT, ELFRIEDA HOUGHTON SUTHERLAND, TRUSTEE OF THE RESIDUARY TRUST, FOR PARCELS 172 AND 772 IN THE AMOUNT OF $18,000 IN THE LAWSUIT STYLED COLLIER COUNTY V. DOMINIQUE C. RIHS, AS TRUSTEE OF THE LAND TRUST NO. S 146-1, ET AL, CASE NO. 01-0819-CA, PROJECT NO. 60071 - $4,200 TO BE DEPOSITED INTO THE REGISTRY OF THE COURT Item # 16L6 Page 164 January 8, 2002 PRE-LITIGATION SETTLEMENT BETWEEN COLLIER COUNTY, FLORIDA AND ITS FORMER THIRD PARTY ADMINISTRATOR, CRAMER, JOHNSON, WIGGINS & ASSOCIATES, FOR FAILURE TO GIVE NOTICE AND OBTAIN CONSENT OF THE DEFENDANT, NATIONAL UNION INSURANCE CO. IN THE AMOUNT OF $9,750, AS DETAILED IN THE EXECUTIVE SUMMARY Item # 16L7 AUTHORIZATION OF OFFER OF JUDGMENT TO RESPONDENT, PINE RIDGE ASSOCIATES, LTD., FOR PARCELS 103B AND 703B IN THE AMOUNT OF $1,000 IN THE LAWSUIT STYLED COLLIER COUNTY V. PINE RIDGE ASSOCIATES II, LTD., ET AL, CASE NO. 00-0488-CA, PROJECT NO. 60111 - $700 TO BE DEPOSITED INTO THE REGISTRY OF THE COURT Item #16L8 AUTHORIZATION OF OFFER OF JUDGMENT TO RESPONDENT, PINE RIDGE ASSOCIATES, II, LTD., FOR PARCELS 103A AND 703A IN THE AMOUNT OF $1,000 IN THE LAWSUIT STYLED COLLIER COUNTY V. PINE RIDGE ASSOCIATES II, LTD., ET AL, CASE NO. 00-0488-CA, PROJECT NO. 60111 - $700 TO BE DEPOSITED INTO THE REGISTRY OF THE COURT Item # 16L9 Page 165 January 8, 2002 AUTHORIZATION OF OFFER OF JUDGMENT TO RESPONDENT, ELFRIEDA HOUGHTON SUTHERLAND, TRUSTEE OF THE ELFRIEDA HOUGHTON SUTHERLAND REVOCABLE TRUST, FOR PARCELS 170 AND 770 IN THE AMOUNT OF $20,700 IN THE LAWSUIT STYLED COLLIER COUNTY V. FRED R. SUTHERLAND, ET AL, CASE NO. 01- 0756-CA, PROJECT NO. 60071 - $4,200 TO BE DEPOSITED INTO THE REGISTRY OF THE COURT Item # 16L 10 AUTHORIZATION OF OFFER OF JUDGMENT TO RESPONDENTS, ELLIOT CORTES, SR. AND GLADYS CORTES, FOR PARCELS 246 AND 246T IN THE AMOUNT OF $3,150 IN THE LAWSUIT STYLED COLLIER COUNTY V. JOSE ALVARADO, ET AL, CASE NO. 00-1969-CA, GOLDEN GATE BOULEVARD PROJECT 63041- $850 TO BE DEPOSITED INTO THE REGISTRY OF THE COURT Item # 16L 11 AUTHORIZATION OF OFFER OF JUDGMENT TO RESPONDENTS, JOSE ALVARADO AND DOLETTE ALVARADO, FOR PARCELS 244 AND 244T 1N THE AMOUNT OF $2,700 IN THE LAWSUIT STYLED COLLIER COUNTY V. JOSE ALVARADO, ET AL, CASE NO. 00-1969-CA, GOLDEN GATE BOULEVARD PROJECT 63041- $1,400 TO BE DEPOSITED INTO THE REGISTRY OF THE COURT Item # 17A Page 166 January 8, 2002 RESOLUTION 2002-04, REGARDING PETITION AVPLAT-2001- AR1557, O. GRADY MINOR & ASSOCIATES, AGENT FOR PETITIONER SUNNY DAYS, INC., DISCLAIMING, RENOUNCING AND VACATING THE COUNTY'S AND THE PUBLIC'S INTEREST IN A 3 FOOT WIDE PORTION OF THE 13 FOOT WIDE LAKE MAINTENANCE EASEMENT LOCATED ALONG THE REAR OF LOT 190, "GLEN EDEN PHASE TWO" Item # 17B RESOLUTION 2002-05, REGARDING PETITION AVPLAT-2001- AR- 1457, TREISER, LIEBERFARB, COLLINS & VERNON, AS AGENT FOR PETITIONER RAYMOND F. ERICKSON, DISCLAIMING, RENOUNCING AND VACATING THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF A 10 FOOT WIDE EASEMENT LOCATED ALONG THE REAR PROPERTY LINE OF LOT 21, BLOCK 17, 231 PEBBLE BEACH CIRCLE, "LELY GOLF ESTATES, ST. ANDREWS WEST (COMPANION TO PETITION VA2001-AR- 1380 Item #17C RESOLUTION 2002-06, REGARDING PETITION VA-2001-AR- 1380, CHRISTOPER J. THORNTON, ESQUIRE, OF TREISER, LIEBERFARB, COLLINS & VERNON, CHARTERED. REPRESENTING RAYMOND F. ERICKSON REQUESTING AN AFTER-THE-FACT VARIANCE OF 1.3 FEET FROM THE REQUIRED 10 FEET TO 8.7 FEET FOR PROPERTY LOCATED AT 231 PEBBLE BEACH CIRCLE, LOT 21, BLOCK 17, LELY GOLF ESTATESW, ST ANDREWS (COMPANION TO PETITION TO AVPLAT-2001-AR-1457 Page 167 January 8, 2002 Item # 17D ORDINANCE 2002-01 ADOPTING THE FLORIDA BUILDING CODE AND AMENDING CHAPTER ONE, ADMINISTRATION Item #17E ORDINANCE 2002-02, REGARDING PETITION PUDA-0 I-AR- 1573, GEORGE L. VARNADOE OF YOUNG, VANASSENDERP, VARNADOE AND ANDERSON, P.A., REPRESENTING ANTARAMIAN CAPITAL PARTNERS, LLC, REQUESTING A REZONE FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS SANDPIPER VILLAGE PUD FOR PROPERTY LOCATED ON THE SOUTHWEST CORNER OF TAMIAMI TRAIL EAST (US 41) AND FREDERICK STREET Item #17F - CONTINUED INDEFINITELY Page 168 January 8, 2002 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 1 '50 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL JAMES N. COLE~TA,-cHAIRMAN ATTEST' :.'.Thgse';~utes approved by the Board on presented', ' /' or as co~ected 2_, as TRANSCRIPT PREPARED ON BEHALF OF DONOVAN COURT REPORTING, INC., BY BARBARA A. DONOVAN, RMR, CRR Page 169