BCC Minutes 04/09/2002 RApril 9, 2002
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, April 9, 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 of such
special districts as have been created according to law and having
conducted business herein, met on this date at 9:00 a.m. in
REGULAR SESSION in Building "F" of the Government Complex,
East Naples, Florida, with the following members present:
ALSO PRESENT:
CHAIRMAN: Jim Coletta
James D. Carter, Ph.D
Fred Coyle
Donna Fiala
Tom Henning
Sue Filson, Executive Manager of BCCC
Tom Olliff, County Manager
David Weigel, County Attorney
Jim Mudd, Deputy County Manager
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
April 9, 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
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April 9, 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.
e
INVOCATION AND PLEDGE OF ALLEGIANCE
A. Father Tim Navin, St. Peter the Apostle Catholic Church
AGENDA AND MINUTES
Approval of today's regular, consent and summary agenda as
amended. (Ex Parte Disclosure provided by Commission members
for summary agenda.)
B. March 12, 2002 - Regular Meeting
PROCLAMATIONS
Bo
Co
Proclamation for Collier County Government Days. To be accepted
by Jean Merritt, Public Information Director.
Proclamation for Organ and Transplant Awareness Week. To be
accepted by Ed Morton, CEO of NCH and Jeff McRoberts.
Proclamation for Water Conservation Month. To be accepted by
Michael Ramsey, Chairman for Collier Soil and Water Conservation.
Proclamation for Adopt-A-Canal Month. To be accepted by Cher
Compton.
Proclamation for Adopt-A-Road Program. To be accepted by Ms.
Barbara Lee, Office Assistant II for Transportation Road & Bridge.
4. SERVICE AWARDS
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April 9, 2002
Five-Year Attendees:
1) Scott Corbett, Transportation Operations
2) James Von Rinteln, Emergency Management
Ten-Year Attendees:
Se
3) Michael Sullivan, Emergency Medical Services
Fifteen-Year Attendees:
4) Maura Kraus, Natural Resources
5) Judith Scribner, Social Services
Twenty-Five Year Attendees;
6) Joyce Ernst, Planning Services
PRESENTATIONS
Recommendation to recognize: Lowell Raines, CAAD Operator,
Facilities Management, as Employee of the Month for January 2002,
Barbara Lee, Customer Service Specialist, Transportation Operations,
as Employee of the Month for February 2002, and Amy Gesdorf-
Patterson, Impact Fee Analyst, Office of Financial Management, as
Employee of the Month for March 2002.
PUBLIC PETITIONS AND COMMENTS ON GENERAL TOPICS
A. Public Comments on General Topics
Bo
Public Petition Request by Mr. Tom Macchia to discuss a change in
definition of "Concurrency" when it is applied to roads, water and
sewers.
Public Petition Request by Mr. Mike Carr regarding Congressional
Redistricting.
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April 9, 2002
e
10.
11.
12.
13.
14.
15.
BOARD OF ZONING APPEALS
ADVERTISED PUBLIC HEARINGS
A. Approve the Collier County Water Irrigation Ordinance restricting the
hours of' irrigation in Unincorporated Collier County.
BOARD OF COUNTY COMMISSIONERS
A. Appointment of' member to the Contractors Licensing Board.
B. Appointment of members to the Immokalee Enterprise Zone
Development Agency (EZDA).
C. Appointment of member to the Collier County Planning Commission.
COUNTY MANAGER'S REPORT
A. Staff Report on plan to improve reliability of County water supply and
production. (Tom Wides, Interim Public Utilities Administrator)
AIRPORT AUTHORITY
COUNTY ATTORNEY'S REPORT
OTHER CONSTITUTIONAL OFFICERS
Ao
To present the Certificate of Achievement for Excellence in Financial
Reporting to the Board of County Commissioners for the Fiscal Year
ended September 30, 2000.
Bo
To formally present to the Board of County Commissioners the
Comprehensive Annual Financial Report (CAFR) for the Fiscal Year
ended September 30, 2001.
FUTURE AGENDAS
STAFF AND COMMISSION GENERAL COMMUNICATIONS
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April 9, 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.
Ae
COMMUNITY DEVELOPMENT & ENVIRONMENTAL
SERVICES
Be
1) Code Enforcement Lien Resolution Approvals.
2)
Final acceptance of water utility facilities for Boyne South.
3) Code Enforcement Lien Resolution Approvals.
4)
Approve Committee selection of Henderson, Young and
Company for contract negotiations for RFP 02-3317
"Consultant Services for Impact Fee Update Studies - Fire".
TRANSPORTATION SERVICES
1)
2)
3)
Approve a Resolution requesting that the MPO recommend to
the Florida Commission for the Transportation Disadvantaged
that the Collier County Board of County Commissioners be re-
designated Community Transportation Coordinator for Collier
County.
Recommendation to approve the purchase of one (1) 15 CY
Dump Truck, Diesel, in accordance with Bid #02-3336, in the
amount of $77,222.00.
Approve the Facilities Relocation Agreement with Florida
Power and Light Company in the amount of $98,666 to relocate
power line structures on Livingston Road between Immokalee
Road and the Lee County Line to facilitate the road-widening
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April 9, 2002
Ce
project, Project No. 65041.
4)
Award Work Order No. NTI-FT-02-02 in the amount of
$80,000 to Native Technologies Inc., for the Gordon River
Cleanout Project #31005.
PUBLIC UTILITIES
De
1)
Approve Tourism Agreement with the City of Naples for
monitoring of the South Gordon Drive T-Groin, $48,000.
2)
Authorize amendment to Camp Dresser and McKee Inc.,
Golden Gate Wellfield Reliability Improvements Design
Contract in the amount of $40,000.
PUBLIC SERVICES
1)
2)
3)
Award Bid #02-3351 to purchase arts and crafts supplies for
recreation programs in the amount of $40,000.
Approve a Budget Amendment for Consultant Services for Park
Impact Fee Update Study in the amount of $25,000.
Approve a Budget Amendment to recognize revenue in the
amount of $5810 from insurance proceeds to replace a stolen
tractor.
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ADMINISTRATIVE SERVICES
1)
Recommendation to rescind award to Astor Chemical Co., for
potassium permanganate for inability to fulfill contract and
award to Carus Chemical Company on Bid #01-3288-
"Chemicals for Utilities" in the estimated amount of $107,205.
2)
Request Board approval to appropriate funds in the amount of
$6,500 for a membership in Public Technology, Inc.
EMERGENCY SERVICES
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April 9, 2002
1)
Approve the purchase of one (1) Medium-Duty Advanced Life
Support Ambulance from American LaFrance Medic Master
Corporation for the amount of One Hundred Thirty-Seven
Thousand Thirteen Dollars ($137,013). This vehicle will be
purchased under the Florida Sheriff's Association Bid #00-08-
0905.
G. COUNTY MANAGER
1)
Void Committee Selection of firms for contract negotiations for
RFP #01-3290 "Fixed Term Professional Engineering
Services.
H. AIRPORT AUTHORITY
Je
Ke
Le
BOARD OF COUNTY COMMISSIONERS
1)
Request from Commissioner Coletta for approval to attend
Collier County Education Foundation's Golden Apple Teacher
Recognition Program as a valid public purpose.
2)
Request for approval for Commissioners to attend 4th Annual
Country Jam to represent Collier County as a valid public
purpose to interact with constituents and employees.
MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
OTHER CONSTITUTIONAL OFFICERS
COUNTY ATTORNEY
1)
Recommendation that the Board of County Commissioners
authorize the County Attorney's Retention of Process Servers
for the County in upcoming eminent domain cases for road
projects, exempt the County Attorney from the purchasing
policy if and to the extent the purchasing policy is applicable
and authorize the Chairman to sign any necessary retention
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April 9, 2002
documents.
17.
2)
Approve the Agreed Order awarding expert fees relative to
easement acquisitions of Parcels 169 and 769 in the Lawsuit
entitled Collier County v. Fred R. Sutherland, Individually and
D/B/A Sutherland Paint Horses, et al., Case No. 01-0756-CA
(Livingston Road Project No. 60071).
3)
Recommendation that the Board of County Commissioners
approve the settlement in Gallagher v. Collier County, Case
No. 00-0565-CA-01, now pending in the Twentieth Judicial
Circuit in and for Collier County, Florida, pursuant to which
the County would pay $50,000 and all claims against the
County would be dismissed with prejudice, said $50,000
settlement was arrived at during a mediation of the matter.
4)
Recommendation that the Board of County Commissioners
approve the settlement in Bettencourt v. Collier County, Case
No. 00-0283-CA, now pending in the Twentieth Judicial Court
in and for Collier County, Florida, pursuant to which the
County would pay $150,000 and all claims against the County
would be dismissed with prejudice. Said $150,000 settlement
was arrived at during a mediation of the matter.
5)
Authorize the making of an Offer of Judgment in the amount of
$20,000.00 to Respondents, Joseph Call and Samuel Montello,
for Parcels 4.3 and 4.4 in the Lawsuit styled Collier County v.
Joseph Cali, et al, Case No. 89-0987-CA. Project No. 73902.
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
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April 9, 2002
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.
mo
RZ-2001-AR-1625, Robert L. Duane, AICP, of Hole Montes Inc.,
representing Leo J. Fragiacomo and Annelise C. O'Donnell,
requesting a rezone from RMF- 16 to RSF-4 for property located at
227 Cays Drive, further described as Lot 72, Stella Marls, in Port of
the Islands, in Section 9, Township 52 South, Range 28 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.
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April 9, 2002
April 9, 2002
Item #2A
REGULAR, SUMMARY, AND CONSENT AGENDA-
APPROVED AND/OR ADOPTED WITH CHANGES
CHAIRMAN COLETTA: Mr. Olliff?.
MR. OLLIFF: Good morning, Mr. Chairman. Good morning,
Commissioners. Start our meeting this morning -- I'll walk you
through a few brief changes to your agenda. First two items are
additions to your agenda. Item 5-B, as in boy, will be an introduction
of the new director for the South Florida Water Management District.
That's being added at Commissioner Coletta's request.
The next addition is 9-D, as in David. It is also at
Commissioner Coletta's request, and it is the board's approval of the
fiscal year O 1/02 advertising and marketing plan as recommended by
the Tourist Development Council.
Next item is deletion off of your consent agenda. Item 16-C-2,
an authorization to amend an agreement with Camp Dresser and
McKee regarding the Golden Gate Wellfield Reliability Improvement
Design. That item is being deleted at staff's request.
The next two items are a request from Commissioner Henning to
move items from the consent agenda to the regular agenda. 16-I-1
will become 9-E on your agenda. That is a request to allow
Commissioner Coletta to attend the Collier County Education
Foundation's Golden Apple Teacher Recognition Program and to
determine that as a valid public purpose.
Next item, moving to the regular agenda, would be -I-2 would
become 9-F on your agenda. And that's a request for approval for
commissioners to attend the Fourth Annual Country Jam Concert
Series, also determining that to be a valid public purpose. And that
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April 9, 2002
would become 9-F on your regular agenda, Mr. Chairman. And with
that, I believe that's all the changes that I have listed for you.
CHAIRMAN COLETTA: Thank you. Mr. Weigel, do you
have anything?
MR. WEIGEL: Just one note for the record, Mr. Chairman, and
that is Agenda Item 16-L-1, consent agenda item under county
attorney. It's the authorization for the county attorney's retention of
process servers for the upcoming eminent domain cases -- a surge is
coming -- and to exempt the county attorney from the purchasing
policy. And I wanted the record to reflect, and I've been in
communication with Steve Cornell, the purchasing director who
approves this consent agenda item as written.
CHAIRMAN COLETTA: Thank you, Mr. Weigel. We'll start
off with Commissioner Henning on disclosures or for other changes.
COUNCILMAN HENNING: No disclosures, Commissioner
Coletta. Those two items on the consent agenda that I pulled, I think
that it would be healthy for us to have a -- just a general topic of-- of
that. If you want to combine those, it would be fine with me.
CHAIRMAN COLETTA: Well, we can do that or -- we can go
ahead and bring them up at the same time, Commissioner Henning.
Commissioner Coyle?
COUNCILMAN COYLE: Nothing.
CHAIRMAN COLETTA: Commissioner Fiala?
COMMISSIONER FIALA: No changes and no disclosures.
CHAIRMAN COLETTA: Commissioner Carter?
COMMISSIONER CARTER: No disclosers, no changes.
CHAIRMAN COLETTA: And the same for myself.
Approval for-- let's see. We have that the --
COMMISSIONER CARTER: I'll move for approval of today's
agenda and minutes.
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April 9, 2002
COMMISSIONER FIALA: Second.
CHAIRMAN COLETTA: We have a motion for approval by
Commissioner Carter, a second by Commissioner Fiala. Any
discussion? All those in favor, indicate by saying aye.
(Unanimous response.)
CHAIRMAN COLETTA: Ayes have it five to zero.
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AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETINg'
April 97 2002
ADD: ITEM #5 (B): Introduction of Carole Senne, New Director for the South
Florida Water Management District. (Commissioner Coletta request.)
ADD: ITEM 9D: Board Approval of the FY 01/02 Advertising/Marketing Plan in the
amount of $552,500 as recommended by the Tourist Development Council.
(Commissioner Coletta request.)
DELETE: ITEM 16(C)~: Authorize amendment to Camp Dresser and McKee, Inc.,
Golden Gate Wellfield Reliability Improvements Design Contract in the amount of
$40,000. (Staff request.)
MOVE: ITEM 16(I)1 TO 9E: Request from Commissioner Coletta for approval to
attend Collier County Education Foundation's Golden Apple Teacher Recognition
Program as a valid purpose. (Commissioner Henning request.)
MOVE: ITEM 16(I)2 TO 9F' Request for approval for Commissioners to attend 4th
Annual Country Jam to represent Collier County as a valid public purpose to
interact with constituents and employees. (Commissioner Henning request.)
April 9, 2002
Item #2B
MINUTES OF MARCH 12, 2002 REGULAR MEETING -
APPROVED AS PRESENTED
Next item, the March 12th regular meeting for --
COMMISSIONER CARTER: Move for approval.
COMMISSIONER HENNING: Second.
CHAIRMAN COLETTA: A motion for approval by
Commission Carter and seconded by Commissioner Henning. Any
discussion? All those in favor indicate by saying aye.
(Unanimous response)
CHAIRMAN COLETTA: The ayes have it five to zero.
Item #3E
PROCLAMATION DESIGNATING APRIL 9TM, 2002 AS ADOPT
A ROAD PROGRAM DAY- ADOPTED
Now we go to one of the nicer parts of the program, the
proclamations. We're going to start off with Commissioner Fiala.
COMMISSIONER FIALA: Oh, okay. Great. Thank you. It is
my pleasure to present a proclamation to Adopt-a-Road. Is Barbara
Lee in the audience?
Hey, if you wouldn't mind coming up front here while I read
this. Thank you.
Whereas, Collier County started the Adopt-a-Road Program in
1989 and has grown in the interim years from a few early sponsors to
more than 80 sponsors covering 7 miles in county roads; and
whereas, Collier County's Transportation Operations Department
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April 9, 2002
aye.
provides supplies, as orange vests, gloves, litter bags, pickup sticks
and also erects an identification sign at each end of the adopted
roadway, the county's road and bridge department picks up the filled
litter bags following pickups and disposes of them at the landfill; and
whereas, volunteers donate collectively 12,000 hours per year,
utilizing from two to six volunteers per sponsor, combined, they pick
up a total of 50 tons of litter per month, realizing a savings to county
taxpayers of a quarter of a million dollars each year. Volunteers
range in age from 16 to one gentleman of.
And whereas, sponsors make a two-year commitment by
contract with the county to pick up litter once a month and most
enthusiastically fulfill their obligation. Many sponsors also
participate in special local annual pickups, such as Bay Days and
Coastal Cleanup; and whereas, a residential program has been added
in the last two years to encourage residents to improve their
neighborhoods by beautification projects and litter pickups under the
Adopt-a-Road Program; now therefore, be it proclaimed by the Board
of County Commissioners of Collier County, Florida, that this 9th
day of April be designated as Adopt-a-Road Program and volunteers
are recognized for the tremendous support they provide to the
community.
Done and order this 9th day of April, 2002.
Motion to approve?
COMMISSIONER COYLE: Second.
CHAIRMAN COLETTA: All those in favor, indicate by saying
(Unanimous response)
COMMISSIONER COYLE:
(Applause)
Second.
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April 9, 2002
CHAIRMAN COLETTA: Ma'am, before you get started, we
need to get a picture, and then you'll have to go to the mike.
COMMISSIONER FIALA: And you can even turn your little --
CHAIRMAN COLETTA: Turn the plaque around.
COMMISSIONER FIALA: -- plaque around so --
CHAIRMAN COLETTA: There you go.
COMMISSIONER FIALA: There you go.
CHAIRMAN COLETTA: And step right up to the podium
there and say your name, and we'd love to hear from you.
MS. LEE: My name is Barbara Lee. I've been the Adopt-a-
Road coordinator for nine years. And there are a few of our sponsors
sitting out there. I'd like them to stand. (Applause)
MS. LEE: Thank you very much. And to all those who may see
this later on television, thank you all.
CHAIRMAN COLETTA: Thank you.
(Applause)
CHAIRMAN COLETTA: Commissioner Carter?
COMMISSIONER CARTER: All right. We're doing what?
Random selection on this this morning, sir?
CHAIRMAN COLETTA: No. You were the one that were
assigned for the proclamation for organs.
COMMISSIONER CARTER: Right. But we usually go A, B,
C, D. We're jumping around. I just want to make sure I know where
I am today.
CHAIRMAN COLETTA: We're following it in order.
Item #3B
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April 9, 2002
PROCLAMATION DESIGNATING APRIL 9TH' 2002 AS ORGAN
AND TISSUE DONOR AWARENESS DAY IN COLLIER
COUNTY, FLORIDA- ADOPTED
COMMISSIONER CARTER: All right. It is my pleasure this
morning to do the proclamation on Organ and Transplant Awareness
Week.
April 19th will be my rebirth date. That was the date in which I
was re -- a recipient of a kidney from a first cousin. I entered the
University of Maryland Medical Center. I had what is known as a
double-nephrectomy. I had both my kidneys removed. I've got a
new part. I'm running strong, and it is truly a day for me that is not
only one to create awareness but one filled with emotion, because any
of us who have had the privilege of having their life saved through
the generosity of someone else truly appreciates what life is all about.
And this morning I'm going to invite some people up here who
have played a major role in this whole process in our own community
and within the State of Florida. The first one is Life Links of Florida
-- is Kim Algers, and I want her to come to the front this morning.
Kim also is a recipient of a kidney. Hers is almost 10 years ago, and
her rebirth date is October the 8th, a Life Link supporter. You will
see on our TV screens this morning how to contact them because
they're an organization -- if you want to be a donor at your demise, it
would tell you exactly how you can do that, and Kim will share with
you this morning some of the important things -- how many lives can
be saved by one of us deciding to become a donor at that point.
If you want to be a live donor, you only got one area you can do
that in, and that's kidneys. You got two kidneys and you only need
one to operate. So if you're a match for somebody in your family,
you can certainly accomplish that. And I will be forever indebted to
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April 9, 2002
my first cousin Sister Angela Hibbard, who is a sister in the Servants
of the Immaculate Heart of Mercy located in Monroe, Michigan.
She's a wonderful person. She has an undergraduate degree,
three master's degrees and a doctor of divinity degree, and she's just
an amazing lady. And I will tell you, the process that we went
through was one where they did a lapiscopic surgery. She was out of
the hospital in three days and back to work within three weeks. So it
can be done, and you don't have to go through the tremendous painful
process of having an incision down the side. So there are options,
and I encourage all of you, if you get into that situation, go find the
best that there is to accomplish that.
The other group I want to recognize this morning is NCH. Mr.
Ed Morton is here and his associate. I'd like both of those gentlemen
to come forward this morning.
NCH has been working with Life Links for over a year to get
what we call a north/south alignment where when people who have
decided to be donors pass away, this team will work to retrieve those
so that they can save lives in this community and up and down the
west coast of Florida. Prior to that, all of our organ donations were
going to the east coast and working its way into the system, which
was fine, but it's always good to take care of your own community
first. And through the efforts of Ed Morton and his team, that's being
accomplished.
Ed also this morning will talk to you about their Tree of Life,
which their planning at the hospital, which is an indication of how
they're working in this area.
So at this point, let me do the proclamation, which is as follows:
Whereas, 3,000 Floridians await lifesaving transplant; whereas, the
national organ-transplant waiting list as more than doubled in recent
years to 80,000, far exceeding the supply; and whereas, one of the
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April 9, 2002
most beneficial gifts one human being can bestow upon another is the
precious gift of life, organ and tissue donation; and whereas, this can
be accomplished by educating individuals about organ and tissue
donation and transplantation and encouraging family discussions on
this vital issue; and whereas, virtually anyone, regardless of age or
previous illness, can be a potential donor; and whereas, organs that
can be recovered for transplantation include the heart, liver, lungs,
kidneys, pancreas and small intestines; and whereas, transplantation
is standard medical procedure, and survival and the success rates are
extremely high; and whereas, all major religious orders and groups
support organ donation; and whereas, the donor family does not have
to pay for any of the costs incurred for the donation of the loved one's
organs; and whereas, April is recognized nationally as Transplant
Awareness Month; and whereas, Naples Community Hospital will be
dedicating the Tree of Life on April 19, 2002, honoring organ donors;
now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that April 9, 2002, be
designated as Organ and Tissue lbonor Awareness Day in Collier
County, Florida.
Done and ordered this 9th day of April, 2002, Board of County
Commissioners, Collier County, Florida; Jim Coletta, chairman. I
move for approval.
CHAIRMAN COLETTA: Second.
COMMISSIONER FIALA: Second.
CHAIRMAN COLETTA: We have a move for approval by
Commissioner Carter and three seconds. We can add that -- we'll
give Donna Fiala credit for it.
All those in favor indicate by saying aye.
(Unanimous response)
CHAIRMAN COLETTA: The ayes have it five to zero.
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April 9, 2002
(Applause)
COMMISSIONER CARTER: All right. Ed and Klm, if you
would step to the podium and say a few words, we'd appreciate it.
MS. ALGERS: Thank you very much. Good morning, and
thank you for inviting me down to Naples. I've learned the hard way.
Leave a little earlier from Fort Myers when you're coming down 1-75.
As Commissioner Carter said, we're tied together by a unique
bond. We both have had the lifesaving gift of life, a transplanted
organ. I've had mine for ten years. Unfortunately I waited 5 1/2
years. I would have died without the gift that I received from a
generous donor family when a loved one was unfortunately killed.
And that was something that they were put into the position where
they had to make a quick decision, but they made a generous
decision, and one which impacted approximately people. One person
donating their organs and tissues can impact 60 to 70 people. So
that's a wonderful thing and something that I've now dedicated my
life to. I work for Life Link of Southwest Florida. We are the organ
procurement organization for the areas north of here -- Lee,
Charlotte, Hendry, et cetera -- and we do attempt to recover organs
and place them within our communities. And I want to thank
Commissioner Carter for his efforts to assist us in helping the Collier
County community and those people who were waiting kidney
transplantation and other organs in trying to keep those organs local
for our local recipients.
I've been alive ten years because of someone's generosity. The
most important thing you can do in order to become an organ donor
is talk to your family about your wishes. That is the most important
thing. And although it's important to put it on your donor card and
it's great to have it on your driver's license, if you don't have a
conversation with your family, then they aren't comforted by the
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April 9, 2002
knowledge and information they need. So I implore all of you to
have a discussion with your family; tell them what your wishes are
regarding donation, and hopefully we won't see you anytime soon.
Drive safely; wear your seat belts; wear your motorcycle
helmets and talk about your wishes for donation. Thank you very much.
COMMISSIONER CARTER: Thank you, Kim. (Applause)
MR. MORTON: I would like to acknowledge --
CHAIRMAN COLETTA: State your name, Ed.
MR. MORTON: Edward Morton from the NCH Health Care
System. I would like to acknowledge this proclamation on behalf of
the nurses and the physicians of the NCH Health Care System. I
think sometimes some of the silent heroes are the men and women
behind the scenes who do incredible work, not only with the patient
or with the donor but with the families themselves.
And something that took place in the past 30 days has made a
lasting impact on me. I met with a family who recently lost a young
loved one. And that is an incredibly difficult experience, but I will
tell you, the fact that that tragedy resulted in the gift of life to many,
many people from Dade County and Lee County had made a
profound impact on the family, and certainly made a profound impact
on me.
So I would like to introduce one of the registered nurses who
heads up the entire intensive medical community of the NCH Health
Care System and have him discuss for you the Tree of Life. Jeff
McRoberts represents, I think, hundreds of very skilled nurses at the
NCH Health Care System and the physicians dedicated to this
community and dedicated to programs such as this. So with your
perseverance, Jeff McRoberts.
Page 12
April 9, 2002
MR. MCROBERTS: Thanks, Ed. My name is JeffMcRoberts.
I'm the director of Critical Care at the NCH Health Care System, and
it's an honor to accept this proclamation on behalf of all the staff, the
nurses and the people behind the scenes at the hospital. We work
very hard on the organ donation system through the University of--
or University of Miami and Jacksonville Memorial Hospital, and it's
an honor to be part of the -- of organ donation. And we're starting
The Tree of Life at the hospital on April the 19th. And what that
represents is all of the loved ones that have given the gift of life will
be honored on this tree. And it's a tree with leaves on it, and those
names will be engraved on those leaves so the loved ones can come
back to the hospital and see these donors' names. And it's an honor to
be able to participate in that.
And also, there'll be some plaques for the unsung heroes, like
the staff in the critical care and the OR and ER, the ones that dedicate
themselves to make this happen. So I accept this in their honor. So
thank you very much. (Applause)
CHAIRMAN COLETTA: Thank you.
COMMISSIONER CARTER: Mr. Chairman, if I might make
just a couple other comments. I appreciate the Board's indulgence
this morning.
As has been related to you this morning, what you go through as
an individual as a recipient -- let me tell you, when I found out that
this was going to happen to me, I went to the community. I told them
what was going to happen, tried to create an awareness about the
polycystic kidney disease of which I -- which I had, and also just to
create an awareness in general about kidney disease, what you can do
to -- early diagnosis is absolutely critical in this process. But when it
happened, the outpouring of-- of love, cards, prayers from this
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April 9, 2002
community when I went through this is something I will never forget
for the rest of my life.
And my family -- God bless them -- what a support team. My
wife, Jane, handled that team in Baltimore like I've never seen. You
know, I was kind of out of it, folks, which was awesome. My oldest
son is a physical therapist technician. He came, was there. The day
after surgery, he had me up on my feet. And I will tell you, that was
not the highlight of my life trying to take a few steps. But he made
me walk because he said, Dad, the way you're going to get well is to
get out of that bed and walk. Seven days later I was out of that
hospital and I was walking two and three blocks a day. So if it
happens to you, remember, your family is key to this. They will rally
around you. They will love you, and the God of the universe will
hold you in his loving care. And I am just absolutely -- Mr.
Chairman, I thank everybody so much for your indulgence this
morning.
CHAIRMAN COLETTA: We thank you for sharing that with
us, Commissioner Carter.
(Applause)
Item #3A
PROCLAMATION DESIGNATING APRIL 19TH-20TH, 2002 AS
COLLIER COUNTY GOVERNMENT DAYS - ADOPTED
CHAIRMAN COLETTA: Commissioner Coyle?
COMMISSIONER COYLE: This next proclamation will be
accepted by Jean Merritt, Collier County director of public
information.
Jean, will you come forward, please.
Page 14
April 9, 2002
COMMISSIONER COYLE: Whereas, Collier County
participates in and celebrates the annual event, County Government
Days, which is held at the Coastland Center; and whereas, fulfilling
the needs of residents in one of the fastest-growing counties in the
state is the challenge of Collier County government; and whereas,
excellent customer service is of the highest priority for all county
staff, this event is another opportunity to inform the community; and
whereas, this event affords the county the opportunity to increase
community awareness about the services the county provides and to
showcase its employees and the professionalism they display in their
work; and whereas, the majority of county departments are
represented, department staff prepared to display booths and
disseminate information during this event and are available to answer
questions; now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County that April 19th through the 20th,
2002, be designated as County Government Days.
Done and ordered this 9th day of April, 2002.
Motion to approve?
COMMISSIONER FIALA: Second.
CHAIRMAN COLETTA: We have a motion for Commissioner
Coyle. Second from Commissioner Fiala.
Any discussion? All those in favor indicate by saying aye.
(Unanimous response)
CHAIRMAN COLETTA: The ayes have it five to zero.
(Applause)
CHAIRMAN COLETTA: You need the photo op. Remember,
for public information purposes.
COMMISSIONER FIALA: Does Jean want to say something?
CHAIRMAN COLETTA: Jean, do you want to say a couple
words?
Page 15
April 9, 2002
COMMISSIONER CARTER: It's awesome. If you don't go --
CHAIRMAN COLETTA: With your background in public
service and television, I can't believe that you're a little shy.
MS. MERRITT: No. I've not really been accused of that.
We're very proud of Government Days. It's a wonderful event.
We hope, too, that the commissioners will spend a little time there
too. It's a wonderful time for all of our employees to interact, and it's
a marvelous time for the public to find out exactly what services we
have and how to go about getting those services.
We have some 40 displays this year. We have two areas in the
mall, and we will have -- also the sheriff's department will be there
and the supervisor of elections with the new voting equipment will be
there. And we're all looking forward to it very much. April 19th and
April 20th at the Coastland Mall. Thank you.
CHAIRMAN COLETTA: Thank you, Jean.
(Applause)
CHAIRMAN COLETTA: Commissioner Carter?
COMMISSIONER CARTER: I'm up again?
CHAIRMAN COLETTA: You're up again, sir.
Item #3C
PROCLAMATION DESIGNATING THE MONTH OF APRIL,
2002 AS WATER CONSERVATION MONTH- ADOPTED
COMMISSIONER CARTER: Great morning for me. The
second proclamation -- I would like to have Mike Ramsey come
forward along with all the members of the Steering Committee for
the water symposium that are in the room this morning. I see a
number of them scattered around the audience. These are the people
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April 9, 2002
working for our annual water symposium that will start May 4
through 10.
And as you can see, the number of people coming here, they
represent all areas of this community. Education, government,
conservation, business have all united to work together to make this a
fantastic event. So if you need more information, you just go to
Water Symposium dot ORG, and you can read everything about this
great day. But this morning already, you can see the number of
people who are working their way up here. I see my cochair
Clarence Tears from the Big Cypress Basin. This will give you an
opportunity to see how many people are involved in this.
Whereas, the Collier County Water Symposium and the Collier
County Soil and Water Conservation District encourages all aspects
of water conservation among producers and users and to promote and
achieve sound water-management practices which will protect the
environment; and whereas, the Collier County Water Symposium and
the Collier Soil and Water Conservation District strive to foster
cooperation among diverse water-use industry, utilities, developers,
environmentalists, manufacturers, contractors and educators as well
as governmental and regulatory agencies; and whereas, the Collier
County Soil and Water Conservations District, CSWCD, mobile
irrigation lab, MTLs, saved over 31.4 billion gallons of water during
its lifetime among agricultural, residential, governmental and
institutional irrigators through efficient application of water; and
whereas, the Collier Water-- County Water Symposium and the
CSWCD consistently promote water conservation by establishing
educational networks supporting research for water-use efficiency,
developing water conservation guidelines, disseminating water
conservation information, serving as a resource for the development
of statewide partnerships working one on one in the field and
Page 17
April 9, 2002
advocating water management practices which are compatible with
economic growth; and whereas, the Collier County Water
Symposium and the CSWCD have identified an additional
opportunity to raise conservation awareness and has designated April,
typically the last month of Florida's dry season when water needs are
most acute in Florida, Inaugural Water Conservation Month to
educate consumers about the need for conservation and ways in
which they can help save the state's precious water resources; and
whereas, residential, governmental, agricultural and institutional
water users have many ways to save water, including ultra-low flow
plumbing, xeroscape landscaping and the wise use of lawn sprinklers
to help conserve water; and whereas, to save water, much of
agriculture and industry have converted to water conserving systems
for irrigation; and whereas, every business, industry and homeowner
can make a difference when it comes to conserving water, a natural
resource that is vital to everyone; now therefore, be it proclaimed by
the Board of County Commissioners of Collier County, Florida, that
the month of April 2002 be designated as Water Conservation Month
in Collier County and urge every consumer to bring -- become more
aware of the need to save our precious water supply and take
appropriate measures to conserve and protect the vital natural
resources.
Done and ordered this 9th day of April 2002, Board of County
Commissioners, Collier County, Florida, Jim Coletta, chairman.
COMMISSIONER HENNING: Second.
CHAIRMAN COLETTA: We have a motion by Commissioner
Carter, a second by Commissioner Henning. Any discussion.'?
All those in favor, indicate by saying aye.
(Unanimous response)
CHAIRMAN COLETTA: The ayes have it.
Page 18
April 9, 2002
(Applause)
CHAIRMAN COLETTA: Bunch it up, ladies and gentlemen.
Get real close. Commissioner Carter --
COMMISSIONER CARTER: You're going to put me in the
middle? That's a dangerous place to be.
CHAIRMAN COLETTA: You survived for a whole year.
Michael, do you want to say a few words this morning? And my
old chair, Clarence Steers, who's here might want to say a couple
words, too.
MR. RAMSEY: Good morning, everyone. My name is
Michael Ramsey. I'm the chairman of the Collier Soil and Water
Conservation District. I'd like to thank everyone here and the
commissioners for this proclamation. Everyone that you saw standing
in front of the audience today is very important to the issue of water
conservation, and it's going to become more important over this
month. And we really thank you and appreciate you bringing
attention to this issue.
Thank you very much.
COMMISSIONER CARTER: Clarence?
MR. STEERS: Good morning, commissioners. Clarence Steers
for the record, director of the Big Cypress Basin, South Florida Water
Management District.
I have only one comment. Water is the life blood of South
Florida, and it is a precious resource, not only for the stakeholders of
our community but for the environment, and we really need to use it
wisely. Thanks again. (Applause)
CHAIRMAN COLETTA: Excuse me. Senator Burt Saunders.
I'm sorry I didn't recognize you sooner, but we're glad you're here
today.
Page 19
April 9, 2002
SENATOR SAUNDERS: Thank you, Mr. Chairman and
members of the commission. I was asked to be here today on this,
what I consider to be a very important occasion, the announcement of
the Water Symposium. I want to commend the Board for this. When
I was on the county commission -- I think it was about 12 years ago -
- I was sitting in the same chair that Chairman Coletta is sitting in and
raised the issue of protecting our natural environment in Southwest
Florida and preserving water resources. And I remember having a
symposium right in this room about 10 or 12 years ago. We had
developers; we had environmentalists talking about how important it
was to be proactive to protect and preserve our water resources for
future generations of people in Southwest Florida.
It was a bit early back in those days, and we really didn't capture
the imagination of people in this community to the extent that I had
hoped we would have. I can assure you that what you're doing now
is not too early. Recent publicity certainly mandates that this
commission be proactive and protect the water resources, preserving
water resources, managing water resources. It's something we need
to do at the state level. We've been able to get the legislature to
really focus on statewide water management and water resource
issues. Perhaps by your action today and into the future, perhaps that
will send a message to Tallahassee that we need to do this at the state
level. And I just want to commend you for your action on this very
important issue. Thank you.
CHAIRMAN COLETTA: Thank you, Senator.
(Applause)
COMMISSIONER HENNING: Mr. Chairman, the credit is
really to Commissioner Carter. He's been the leading force in putting
this together for next month, and it's going to be great. I'm looking
Page 20
April 9, 2002
forward to it, and the education and what the citizens and what I can
do for conserving water. So thank you, Commissioner Carter.
COMMISSIONER CARTER: Thank you, Commissioner
Henning. I'm going to tell you, the thanks goes to the people you saw
up here this morning. I have never walked with a more dedicated
group who was united across this community, recognizing it is not
only what we do today but for the future. And we are addressing the
problems, and we're addressing it not by saying -- ringing our hands.
We're addressing it by saying, here are our solutions; here are ways
that we can achieve it. And that's what it's going to take. And if we
get Tallahassee's attention on this, I'll be very, very pleased, along
with the fact that WCI Chairman A1 Hoffman chairs the Council 100
in this state, and they have made water the number one topic on their
agenda for the coming years.
So Senator Saunders, you may have been early, but at least from
today, you begin to see that that seed is now germinated and people
are really becoming aware of what we have to do statewide in terms
of this effort.
COMMISSIONER FIALA: I'd just like to jump in and say, that
also says that you're a visionary. Thank you, Burt.
CHAIRMAN COLETTA: Commissioner Henning?
Item #3D
PROCLAMATION DESIGNATING APRIL OF EACH YEAR AS
ADOPT A CANAL MONTH- ADOPTED
COMMISSIONER HENNING: I'm going to call up Cher
Compton. Cher?
MS. COMPTON' Can I have my board come up too?
Page 21
April 9, 2002
COMMISSIONER HENNING: Please.
Whereas, the quality of life and the ecological and economic
well-being of Collier County citizens is critical, depending upon the
continuing protection of the natural resources within Collier County;
and whereas, Collier County access to clean, safe water, as well as
protection from flooding, is enhanced by South Water Management
District maintenance of more than 180 canals within Collier County;
and whereas, Keep Collier Beautiful, Incorporated, encourages
Collier County residents to be actively taking responsibility in the --
for their environment; and whereas, Keep Collier Beautiful,
Incorporated, with the support of the Big Cypress Basin Board of
South Florida Water Management District has established Adopt-a-
Canal Program for individuals, businesses and groups to volunteer
their time to provide regular litter cleanup along the -- Collier
County's canals; now, therefore, be it proclaimed by the Board of
Commissioners of Collier County, Florida, that April each year be
designated as Adopt-a-Canal Month. Done in this order, the 9th day
of April, 2002.
Mr. Chairman, I make a motion that we approve this
proclamation.
COMMISSIONER COYLE: Second.
CHAIRMAN COLETTA: Motion by Commissioner Henning,
second by Commissioner Coyle. Any discussion? All those in favor,
indicate my saying "aye."
(Unanimous response)
CHAIRMAN COLETTA:
(Applause)
CHAIRMAN COLETTA:
mike and say a couple words?
The ayes have it five to zero.
Would someone like to step up to the
Page 22
April 9, 2002
COMMISSIONER HENNING: Would somebody like this
proclamation?
MS. COMPTON: Thank you, Commissioners. I'm Cher
Compton. I'm the executive director of Keep Collier Beautiful. This
new project could not have been done without the partnership and
cooperation of the Big Cypress Basin Board. As you can see, this is
our first sign. This is the first time I've seen it. We want to say a
special thank you to the drill academy. They were our first group.
They helped us work the bugs out of the system. Since then, we have
added four new groups, and with this, I'm sure we'll be able to add
many more. Thanks again.
(Applause)
Item #4
EMPLOYEE SERVICE AWARDS- PRESENTED
CHAIRMAN COLETTA: Now for the presentation of the
service awards.
MR. OLLIFF: Mr. Chairman, as the Board's making their way
down to the floor, I'll take the opportunity to call up your first two
service award recipients this morning. The first is a five-year
recipient, Jim Von Rintein with your Emergency Management
Department.
And the second is Michael Sullivan with your Emergency
Medical Services Department, receiving a 1 O-year award this
morning. (Applause)
MR. OLLIFF: The next recipient this morning is Maura Kraus
with your Natural Resources Department, who's receiving a pin this
morning for 15 years of service to Collier County.
Page 23
April 9, 2002
(Applause)
MR. OLLIFF: And lastly, this morning, Mr. Chairman, we have
the rare opportunity to reward a 25-year-service award pin to Joyce
Ernst of your Planning Services Department.
(Applause)
Item #5A
LOWELL RAINES, CAAD OPERATOR, FACILITIES
MANAGEMENT; BARBARA LEE, CUSTOMER SERVICE
SPECIALIST, TRANSPORATION OPERATIONS; AND AMY
GESDORF-PATTERSON, IMPACT FEE ANALYST, OFFICE OF
FINANCIAL MANAGEMENT, RECOGNIZED AS EMPLOYEE
OF THE MONTH FOR JANUARY, FEBRUARY, AND MARCH,
2002 RESPECTIVELY.
CHAIRMAN COLETTA: It's my privilege to be able to
recognize three individuals who have made some great contributions
to the county, and we're recognizing them as the employee of the
month for three different months: January, February and March.
What -- I'd like them to come forward at this point in time.
Lowell Raines, Barbara Lee, and Amy Patterson. (Applause)
CHAIRMAN COLETTA: Now, what we do to recognize these
special employees -- and believe me, all our employees in Collier
County government are special. These three stand out for the months
that we mentioned, and they are going to receive a plaque, a letter of
commodation and also a check for $150, which I'm sure they'll put to
good use. And, Lowell, with pride and professionalism -- Lowell has
produced drawings of the county property, provided square footage
Page 24
April 9, 2002
and replaced values that are necessary to provide insurance coverage
for county property. This effort on his part saved the county $3,000
in fees that an independent appraiser would have charged. Each
request made of him was achieved and done with a smile. He is
wonderful to work with. (Applause)
CHAIRMAN COLETTA: And Barbara Lee has been working
with the Roads and Bridge Department since 1993. She became the
coordinator of the Collier County Adopt-a-Road Program shortly
therefore, and ventured out on her own time to aggressively persuade
sponsors for the area of the county that needed the most help.
And we thank you for that, Barbara.
(Applause)
CHAIRMAN COLETTA: And Amy Peterson is a highly
energetic and innovative employee who has achieved major
accomplishments in her short time with Collier County. Over the past
five years, the impact fees collections have increased by more than
140 percent, and that we appreciate very much. (Applause)
CHAIRMAN COLETTA: Thank you. And if you would please
turn and we'll get a --
COMMISSIONER FIALA: Congratulations to all of you.
CHAIRMAN COLETTA: Thank you. Thank you very much.
We're on Item 6 on the agenda. Public comments on general
topics.
Item #5B
CAROLE SENNE, NEW DIRECTOR FOR THE SOUTH
FLORIDA WATER MANAGEMENT DISTRICT - INTRODUCED
Page 25
April 9, 2002
COMMISSIONER HENNING: Mr. Chairman, I think we have
B, Water Management recognizing the new member of the South
Florida Water Management.
CHAIRMAN COLETTA: Yes. I did skip over one. Item B,
that's been written in. Thank you very much. Carol Senne.
MS. SENNE: Good morning, Mr. Chairman and
Commissioners. I wanted to take this opportunity-- I was going to
be here today about your water ordinance -- to introduce myself to
you all. Hi. I'm the new service center director for the South Florida
Water Management District on the west coast in the Fort Myers
office and wanted to introduce myself and give you a very brief
background.
I, as many of your residents probably were, was born and raised
in Massachusetts. I have a degree in civil engineering, graduated
from the Massachusetts Institute of Technology, and came to Florida
in 1978.
Since then, I have been a civil engineer, but I hope you feel that
this is a good entree between myself and you all. Served for several
years as a Brevard County Commissioner and served as the Chairman
of the Brevard County Commission. So this has been really
interesting, and I am going to stay for a while.
I love local issues in county government and truly appreciate the
position that you all are in and the deficiencies that you're dealing
with, and very much enjoyed being a county commissioner in
Brevard County.
After that, I went to work for the St. Johns River Water
Management District, and I've been there as the deputy executive
director under Henry Dean. And when Henry Dean became the new
Page 26
April 9, 2002
director of the South Florida Water Management District, he offered
me a tremendous opportunity to move to the west coast and oversee
the water management issues here on the west coast of Florida.
This is where I want to be. I am so thrilled to be on the west
coast. West Palm Beach is wonderful, but I wanted to be here. I am
really looking forward to working with each and every one of you
and with your staff with all of the water resource issues that you
have. Please feel free to call me in my office, or I'll give you all my
cell phone number, whatever.
Water issues aren't 9:00 to 5:00. If you need technical
information, you just want to brainstorm a little bit -- I will say that
with the recent crisis that you have, I wanted to recognize your staff.
They immediately came and met with me in my office to start
discussions on long-term water plans and how we could partner
together, what assistance the Water Management District could give
to the county, how we could work together on some of the permits
that you're going to need. And I hope to continue what I feel is very
important collaborative effort between the county and the water
management district. I'm here to serve you and just wanted to say
hello.
And do you all have any questions?
COMMISSIONER CARTER: No. But I'll welcome you at the
Water Symposium on May the 10th, because you're part of our panel,
and if you want to hear more about this person and the leaders that
will be interacting with us those three days, we'll have an opportunity
to work with you then. So thank you.
MS. SENNE: Really excited about participating in the Water
Symposium. Heard about it at the Regional Planning Council, which
I will be participating on as well.
Page 27
April 9, 2002
But once again, if you need anything, please don't hesitate to
call. I hope that you feel that I'm in a position to understand your
issues, and hopefully I can be in a really good position to assist in any
way that I can. So thank you for having me here today.
CHAIRMAN COLETTA: Thank you.
COMMISSIONER CARTER: Thank you.
(Applause)
Item #6A
PUBLIC COMMENTS ON GENERAL TOPICS
CHAIRMAN COLETTA: Item 6, public petitions and
comments on general topics.
MS. FILSON: Mr. Chairman, we have four speakers under
public comment, and then we have two speakers under public
petition, which you don't normally take, so I'll call their names as
well.
Mr. Gil Erlichman. He will be followed by Margaret Rodgers.
I've been a taxpayer and resident of Collier County for 14 years as of
April the 15th, this coming April 15th. Been here 14 years.
Okay. My first comment -- I'd like to make a -- I'd like to
congratulate Denise Zoldan on her extremely informative column in
the Sunday paper-- the Sunday Naples Daily News. The first
section, Section A, the great article on Top Drinking Water Users
Irrigating Grass and Plants. And they have a list of 70 of the heaviest
drinking water irrigators in Collier County. I guess -- I assume most
of you people read the Naples Daily News.
The Sunday edition, as I said, has a very informative article on
drinking water. And I -- I think that Denise Zoldan now joins the
Page 28
April 9, 2002
ranks of investigative reporters, who Gina Edwards is a member of.
So these two reporters, we owe a lot to because of what they have --
what they are doing and what they have done in the past insofar as
giving the people in Collier County information which is very vital.
All right. Enough of the accolades. I get a monthly report from
the Big Cypress Basin. And I know that all you commissioners and
Mr. Olliff get a -- get the same report. And it's -- it's the Big Cypress
Basin Gate Operation Log in which they report on the condition of
the various weirs and dams in the canals in the county.
On the last page, they have rainfall data. This is very, very
disturbing. We know that we're in the middle of a dry -- of our dry
season, and I call it a drought season. In fact, I've been experiencing
this for the past years since I've lived down here. Well, for the first
three months, we're -- the average year-to-date rainfall should be 6.89
inches. Our actual year-to-date rainfall is 3.12 inches. So we got --
right now, after three months going into the new year, we have a
deficit of over 3.7 inches. Actually, 3.77 inches deficit. We're not
even half-- I don't think we're halfway through the dry season yet.
All right. Up in Tampa, they're building a desalinization plant,
and it's being constructed by the Tampa Bay Desal, D-e-s-a-l, a
private company that's building the plant at the Tampa electric
company's Big Ben power plant near Apollo Beach. When the plant
comes on line, it's supposed to deliver 25 million gallons of fresh
water a day at the cost of $110 million.
The -- as part of the regional utility, Tampa Bay Water's plan is
to develop -- Tampa Bay Water's plan is to develop new water
sources. Now, we have never discussed anything about that down
here, desalinization. Many people have brought the topic up, but it's
just fallen on deaf ears. And I think it's time now with this Water
Symposium that you're going to have to discuss water desalinization
Page 29
April 9, 2002
-- pardon me -- desalinization of the gulf water.
And that -- I think that could be done by -- with a combination
of various counties forming an authority, a water authority, so that
Lee County, Charlotte County, Collier County, for a start -- to get
together and discuss and to plan for our future needs for drinking
water.
Drinking water is -- in the article that I -- that I read Sunday,
there's a statement in here. It says, "County officials say there is no
shortage of water in Southwest Florida, just a shortage of cheap
water."
CHAIRMAN COLETTA: We're going to have to ask --
MR. ERLICHMAN: Hey, if that's true --
CHAIRMAN COLETTA: You're reaching the end of your--
you reached the end of your three minutes. Go ahead and -- no.
Finish up your comment there.
MR. ERLICHMAN: And officials estimate that up to percent
of the county's drinking water is used for irrigation. You know, that's
an awful lot of water to use just to grow plants and grow crops. The
farms -- the commercial interests, they have their own wells, but they
are being restricted by the water district from tap -- from constructing
more wells to tap the aquifers.
We have a limited supply of water. We have -- water is the --
you might say bread is the staff of life, but water is the base of life.
We -- human beings -- animals cannot exist without water. You can
go for days without food, but you can't go for many hours without
water.
Thank you very much.
MS. FILSON: Margaret Rodgers. And she will be followed by
Bob Krasowski.
Page 30
April 9, 2002
MS. RODGERS: Mr. Chairman and committee members, my
name is Margaret Rodgers. I had sent a letter to all of you dated
March 14th, 2002. I would like to repeat the letter for public scrutiny
and a few comments on the Immokalee Road Expansion Project and
infrastructure.
First let me again start by introducing myself. My name is
Margaret Rodgers, and I'm a 13-year full-time resident of Naples and
have lived in a variety of places in this and other countries. I am able
to determine what is logical and what is not, a task that seems to have
escaped a certain percentage of the Naples residents.
I am at a loss as to what is going on in the mind of the decision-
makers to the current road construction that is being attempted on
Immokalee Road. Having lived off of this road for the last two years
and depending on its safety as well as its accessibility, I am now
nominating myself as an expert to the traffic flow in and out of town.
I, and many others, were thrilled to see our hard-earned taxes, as
well as our impact fees, being put to good use when the expansion
project began. The widening of Immokalee Road from Tamiami
Trail North to Collier Boulevard 951, being one, if not the biggest,
growth areas in the county, this was badly needed. This road also has
a title of one of the deadliest roads in the county, with flowers and
crosses to mark the many remembered spots of killed loved ones.
To further excite us with the news that a Publix would be going
to the comer of Collier Boulevard and Immokalee, yes, we have
arrived. We have been spotted out here. They know we exist.
I and all others who use this road went through what seemed an
eternity of bulldozers and dirt and stoppages and more stoppages, but
we knew it was all for the better and we'd soon see the fruits of our
patience paying off when the road crew would continue their
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April 9, 2002
expansion of Immokalee Road east of Collier County Boulevard to
Wilson.
Anyone sitting on Immokalee Road from Wilson to Collier
Boulevard every morning at a standstill would also be the one sitting
there that same evening. Any of them would tell you, thank God this
will all be over soon. They thought the expansion would alleviate this
turmoil. This is the same congestion of traffic. You can only imagine
my amazement when I discovered this was not to be.
On a quiet Saturday morning of-- the Naples Daily News
shouted out to me the future schedule of the road widening. There
would be a continuation of the road, but it would skip Collier
Boulevard to Wilson and instead concentrate on 43rd to Wilson. The
answer my husband and I would receive from public meetings and
phone calls would be, the statistics and surveys all point to this
solution.
What is going on? How could any sane person with an ounce of
common sense come to the conclusion that a few blocks past
waterways widening would solve anything. The complete stoppage
of traffic can be clearly seen, to those who are willing to open their
eyes, to be from Wilson to Collier Boulevard.
Remember, I have elected myself as an expert. I, who have sat
on this road for two years at a standstill taking anywhere from 45
minutes to an hour to go five miles know what I am talking about.
Where are the studies that have been done to come up with this
conclusion.'? I want the public -- them to be published in the paper
and available for public scrutiny.
There will be an article in the weekend paper referring to this
problem. The Joe Rodgers they quote is my husband, and we are not
the so-silent majority of the taxpayers who are fed up with being
ignored and tossed aside. I have paid my taxes. I have paid my
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April 9, 2002
impact fees, and I have certainly paid my dues. To the
commissioners of Collier County, finish what you've started and let
us move on.
That letter was dated March 14th, and I have received answers
from three of the commissioners.
I had one more little thing I wanted to bring up quickly. The
growth in Collier County is no surprise to the county, who publishes
a ten-year growth plan sometime in the last year and had been
working on an old one prior to that. If you know the people are
moving here and you give them permits to build homes and
multifamily developments, why are the answers to our concerns
about four-lane roads being bottlenecked into two-lane and then
widened into four-lane again?
Your answers are, you are not ready to build in that location
because we do not have the easements done for FP & L to move the
lines. Why are we not ready? The county has no problems issuing
thousands upon thousands of new permits with an infrastructure that
is collapsing. You need to stop, and stop now. Get our infrastructure
up to speed.
It is the recommendation of this taxpayer and others that an
independent council be set up to monitor the issue of permits in this
county. The council's decision for permits will not be made
politically but rather solely on the area's ability to absorb the growth.
Just a few last thoughts: We currently do not have the proper
facilities to purify the drinking water for nonwell-using customers in
this county. We currently do not have the proper facilities to deal
with the sewage treatment for nonseptic users.
Our evacuation routes cannot be possible to accommodate the
evacuation. I'm almost finished. The emergency vehicles for District
5 cannot get to the hospitals, fires or other emergencies as quickly as
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April 9, 2002
needed because of the bottlenecking on Immokalee Road. Last year,
my mother waited 45 minutes in an ambulance to try to get hospital
attention.
What about bidding out the other sections of Immokalee Road,
Collier to Wilson separately? This would be the company bidding on
a job on a restricted timetable, and we would not find ourselves in the
position of road work ending late and completing second ones late.
Referring to an article in today's Naples Daily News letter to the
editor-- according to the article, the county has authorized some
80,000 new permits that remain unbuilt. On this information, I refer
you to -- the commissioners back to the last few points I have made.
I thank you for your time and ask each one of you to think back
to the time you first sought this job. Remember back to all the
possible changes you wanted to be part of. Here's your opportunity.
Do not let it pass. Thank you.
MS. FILSON: The next speaker is Bob Krasowski, and he will
be followed by Ty Agoston.
MR. KRASOWSKI: Good morning, Commissioners. My name
is Bob Krasowski, for the record. I'm here with myself and Zero
Waste Collier County.
I wanted to come before you today because I attended, partially
attended, the county commission meeting in Tom Henning's district,
District No.-- is it 4 or 5 or 3?
COMMISSIONER HENNING: Three.
MR. KRASOWSKI: Three. Okay. But I wasn't able to stay for
the entire meeting, so unfortunately I missed a portion of it. I did
watch it on television, but the very end was cut out because they
switched the tape, and unfortunately I missed Commissioner Carter's
statements, the sentences after he stated that he was glad to see the
landfill wasn't the big issue it used to be, and then it was cut out for a
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April 9, 2002
while, and then it went that he was happy to see that people were so
cordial in the past. It had been a rougher event.
I would have liked to have known what he said in between there
because --
COMMISSIONER HENNING: I'm sure you can make an
appointment with him and sit down with him and ask.
MR. KRASOWSKI: I'll try that and see what it was. I tried to
look at the tape here, but like I said, they switched out the tape.
Discussed at that meeting was the -- the landfill and the
improvements made to the landfill. And I wanted to mention that,
although I do believe the county and the commissioners deserve
congratulations for the achievements that have occurred over the past
couple of years in regards to the landfill order, that for the most part,
it was the public who motivated the commissioners, motivated the
staff to accomplish these goals, primarily the removal of the odor
problem, at least for now, from the landfill.
And some of these things that were done to accomplish this goal
was the removal of the sludge from the deposit at the landfill,
applying clean cover to the daily deposits on the face -- the working
face of the landfill, and monitoring, having monitors out in the
community to check for odors.
In particular, the clean cover soil that's being used on the
covering of the face of the landfill was one of the things that, when
waste management privatized the landfill, that they decided not to do
to save money, to save space in the landfill, and they just put a daily
tarp over it, and then they removed that tarp in the morning and put
more garbage on there without covering it.
At the time that -- this is a small history lesson for some of these
people that haven't been here for more than a couple of years or a few
months in the Solid Waste Department, the new arrivals, that -- that
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April 9, 2002
practice caused odor. So now that we're covering it daily, that's good.
You know, that's what people wanted so many years ago.
Let's see. The people -- people like Mike Della in Golden Gate
worked on this issue years ago. Before he was a county
commissioner, Tom Henning was involved with five or six people in
that community that lived around the landfill that got together and
persisted and worked. And then in time was elected, partially
representing that interest to remove the odor from the landfill.
And so I just wanted to make that point, that it was citizens that
-- the root of that, at the core of that, you know, because if the
citizens didn't say anything, nothing would have happened. I mean,
that's just the bottom line, okay. Jim had a -- Mr. Coletta had a part
in that as well, being out in the Golden Gate Estates area.
I'd like to wrap up by -- by mentioning that your RFP process
for the collection and processing of organic waste, your processing
and gasofication of waste, and then the other one for making fuel out
of grease trapways, the RFPs, are in. People have responded to them.
There were zero respondents to the collection and processing of
organic waste. There is one respondent to the grease trap waste,
which is expected because there's only one -- one company in the
world that seems to be doing the innovative things that make it
possible to claim this -- reclaim this waste as a usable fuel. And there
are three gasifications. I think they're all pyrolysis. I'm not sure, but
we'll see next Friday. My point in mentioning it here today is that
I've been here before you many times suggesting that the RFPs were
not structured properly to draw in the most amount of respondents.
And this is the proof of it.
I'm familiar with one company, Vermiculture, worm processing
of organics, which is food waste, horticulture waste, the sludge waste
and paper waste that you can't recycle, that decided not to respond to
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April 9, 2002
the RFP because of the way it was structured. And I'll finish up. The
way the RFP was structured, they felt they were committing
themselves to a small amount up front, but I can't get into that right
now.
But they -- they didn't respond to that, and I had requested -- and
I sent an e-mail to all of you, as well as the solid waste department or
the purchasing Department -- asking that the RFP due date be
extended beyond the May -- end of May -- end of May time period
where you were going to handle the commercial recycling ordinance,
which gives us the opportunity to identify organics in the commercial
waste stream as a recyclable, and then these companies would have
seen a larger volume, allowed their price to be less than what is --
you know, flow-- the flow would have been there to substantiate
their -- their operation at a reasonable price.
This is very disappointing to us at Zero Waste, and I hope we
can revisit this issue and look at it, because what we have now is -- is
just a free pyrolysis opportunity, you know. But nice talking to you.
CHAIRMAN COLETTA: Thank you.
MS. FILSON: The next speaker is Ty Agoston, and he will be
followed by Victor Neiditz.
MR. AGOSTON: Good morning, ladies and gentlemen. My
name is Ty Agoston. You have a problem with the sound system.
It's reverberating.
I imagine it must be difficult to be a politician. Often the
business forces you to be on four sides of a two-sided issue. Liberals
have a very good habit of changing terminology. Notice we no
longer talk about communists; we talk about leftists. We don't talk
about subsidized stacks of boarded housing; we talk about affordable
housing.
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April 9, 2002
Our friends at the Naples Dailey News have coined the term
"concurrency" to stop growth. While I have always felt many large
developers can fend for themselves -- they have plenty of money and
the legal help necessary to fight whatever unfair or unlawful issues
that gets thrown in their way -- and they do -- and they normally get
their one way or the other, either by supporting politicians or by
going through the court system. But the fact of the matter is, they
will get their way.
I am more concerned with essentially District 5 because they
ever bore the brunt of this movement of stopping growth at any rate,
which married them to the environmental groups. Consequently,
they stopped building. They stopped building in Southern Golden
Gate Estates and raped some 20,000 people. Just currently we are in
the process of raping another 2-, 3,000 people in the rural fringe.
And it somehow never gets into the urban area where we're talking
about Vanderbilt Beach Road Extension where there are thousands
and thousands of homes get built and nobody complains about it.
Well, now, just the way the young lady mentioned -- by the way,
as a past -- as a side remark, the young lady echoed my earlier
statement on the (inaudible) building Immokalee Road and the way
that -- at least was explained to me that was going to be done, and I
don't believe that there was any logical reason to support that, and I
believe that it must be either a political or, at any rate, an under-the-
desk agenda.
Going back to my point on concurrency. Concurrency
essentially today is being supported by a large group of (inaudible)
and the pension collectors who want to stop the world. They want to
stop time and don't want the three of your districts who essentially
are loaded with workers earning their living within the building
industry. They don't want any of those workers to make a living
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April 9, 2002
here. They want them to move out of here, because, by the same
token, these very same people are protesting any industry moving in
here that they don't like.
The last conversation I had with the Naples Daily News, they
only want a research facility, preferably a (inaudible) research
facility, something like Princeton. Of course, for that to happen, we
need to have a world-class university like Princeton. So these kind of
pipe dreams don't exactly work out.
And in the meantime, I want to bring to your attention -- I'm a
stout conservative Republican, but for some reason it seems that the
small people seem to be paying the brunt of your rulings that turns
against them. It's not the (inaudible) building operation on Vanderbilt
Beach Road. It's not the people on Immokalee Road that -- while I
was sitting here, you have authorized some 8 or 1800 dwellings. You
are picking down those rural-fringe people who don't have a lousy
nickel to fight you in a court system, and I am looking for your
compassion.
I also would like to ask you at this point -- I have often asked
that you should go back to the weekly meetings, because it would
shorten the agenda and would not be as stretched out as it is. But
additionally, there are counties around you that have alternate
evening meetings that would enable the three of your working
districts to attend at night, because those guys, unlike me and a lot of
gray-haired people who don't really do a whole lot and have the time
to sit here and waste time, these guys have to make a living, so they
never get here. You never hear from them. You do not have a true
picture of what your county and your constituency really feels about
the various issues that you represent.
Thank you very much, Your Honor.
Page 39
April 9, 2002
COMMISSIONER HENNING: Mr. Chairman, talking to Ty
Agoston and Mr. Rodgers -- talking about Immokalee Road, I've --
I've talk to Norm Feeder about Immokalee Road and the analogy of
the way it's being phased in by doing east of Wilson before you do
west of Wilson. And the analogy, I just -- I don't get that -- why
we're doing it that way, and I just have a gut feeling that this is not
the way that we should be doing it. And I hope that the other
commissioners would sit down with Mr. Feeder-- and maybe you
can understand it better than I can, but it doesn't make sense to me.
CHAIRMAN COLETTA: If I may, I've listened to the
separation a thousand times, and believe me, from every -- unless
there's something in it that's untruthful -- and I got full faith in my
director of transportation and that what he says is true -- this is
nothing that was done under the table. This was nothing that was
done for political reasons. I mean, if I had my way, this road would
have been built ten years ago.
When I came to office, this road was on the books to be started
in the year 2020. So we've made some amazing progress. It was put
on and then was pulled back off after the half-cent tax went away.
Then I got it put back on again. We are making tremendous progress
on it.
The reason for it is very valid, and I'm going to let Norm explain
it one more time. And I do hope that the commissioners will avail
themselves of Norm's time to get a more indepth feeling for what it's
all about. I've held numerous meetings of my own throughout the
Estates on the issue, and I find the people that are most concerned
about it are those that live in the area that is between 951 and Wilson.
Of course, they would like to have the road done first going to their
particular area, and it's going to be done in a short order of time.
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April 9, 2002
But even if we did not do the road -- and Norm will confirm this
-- even if we never did the road, the segment from Oilwell Road
down to Wilson or just past that first, we wouldn't be able to do this
other section any sooner than we're going to.
I mean, we've made amazing efforts to try to move it forward.
Last week, if I remember correctly, we okayed the condemnation of
lands rather than the normal process of going through the courts so
that we can move this thing forward. If we went through the normal
process, it would be years away before we got to it. But we're going
through the extraordinary process of moving this thing forward even
more by condemnation of lands and working with all the elements
that are out there. There is nothing -- and I resent the fact that you
implied that we have something going under the table and there's
political reasons for this.
Now you're going to hear the reasons one more time, and I hope
you listen very carefully, Ty. Norm?
MR. FEEDER: For the record, Norman Feeder, transportation
administrator.
When I came here a year and a half ago, I had on the books
essentially 14 projects between -- which when we evaluated it, 29
projects that needed to go forward over the next five years in an
effort to catch us up in the period of time when we weren't
constructing roads.
In developing a facility, you need to go through the process of
planning. Some of that had been done; some of it hadn't. But then
the design, and then the right-of-way acquisition, and finally leading
to construction.
There's a definite emphasis to push on this section of Immokalee
Road, all of Immokalee Road for that matter, as the chairman has
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April 9, 2002
noted. It was slated many years out. We moved it forward. What I'm
pleased to tell you is that the design is nearing completion for that
eight-mile segment between 951 and 43rd. That process takes time.
We started the process. We're getting the design completed.
When we looked at that eight miles, you don't want to have all
eight miles open to a contractor at their discretion for construction
and activity for a full eight miles of a project. So we tried to evaluate
how do we want to phase their construction to get some control.
We didn't have that when I came on board in the section
between 1-75 and 951. And rather than having a Phase I over to Oaks
and then Oaks over to 951, we suffered a long process of trying to
convince the contractor once they were already out of the bag, so to
speak, to try and focus that attention to give some relief to motorists
during that construction process. Many of these people probably can
remember that effort, and hopefully they don't remember -- they
remember a long-ago memory, because the construction's done.
But not wanting all of it under construction at one time, we're
trying to evaluate where do we start, where do we give them the go-
ahead first. Logic says -- and folks here applied that logic -- we start
at 951, continue on out. But there's a few things to look at. First of
all, you have FP & L lines basically for a little over five miles at an
eight-mile segment essentially all the way out to -- just past, just
barely past, but just past Wilson from 951. Those lines have to be
moved before we can construct the expanded roadway. But the right-
of-way has to be in hand before we can move those utilities.
FP & L, like other utilities, are allowed to use our public rights-
of-way. We have to then go in and, once we have that expanded
public rights-of-way, tell them where they can be within that area. In
this case, move it over so we can build the roadway.
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April 9, 2002
Looking at that and also looking at the fact that right now you've
got very few areas of impact -- in other words, major development
along a lot of conflict points between 951 and Wilson, and yet from
Wilson to 43rd, you've got two signals -- Randall and Oilwell -- and
you've got the opportunity to establish a relief route during
construction down Wilson and Golden Gate Boulevard.
The issue was, let it all -- this fall, which is the earliest we can
let it. We finished design. We'll have the right-of-way because of
your agreement to condemnation. Don't wait until in fact we can
move the FP & L lines. Start construction from the either end. Get
that relief through the biggest bottleneck area and opening to that
other alternative, continue on going.
I could have let this construction and just told you that you I'm
letting it from 951 to 43rd and left it at that. But we looked at it.
We're trying to control the way construction's happening here. We're
trying to take some control so that the contractors out there are only
responsible to a contract that says you've got eight miles; go at it.
So there are very definite reasons. They are logical. They have
nothing to do with anyone else's agenda. And we're under a very
aggressive program, an accelerated program, and we couldn't do it
any faster. Everybody would like it to be done overnight. It probably
should have been done five years ago. But this is where we are now.
This is what we're trying to do.
CHAIRMAN COLETTA: It should have been done ten years
ago, but you weren't here, and I don't hold you responsible for that.
Anything we can do to pick up the pace on it? I know we're doing
anything possible, but anything more that we can do would be greatly
appreciated by the residents and I'm sure my fellow commissioners.
MR. FEEDER: Yes. Again--
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April 9, 2002
MR. AGOSTON: By the way, Mr. Coletta, I didn't change my
mind. I read material reasonably well, and that's not sufficient.
Thank you.
CHAIRMAN COLETTA: That's fine.
MR. FEEDER: I've got a clarification I'd like to make, just as a
final -- if I could. We are letting the whole eight miles, 951 to 43rd,
all at the same time. And we are going to progress on all of it as
quickly as we can.
CHAIRMAN COLETTA: Thank you very much, Mr. Feeder.
MR. WEIGEL: The next speaker is Victor Neiditz.
MR. NEIDITZ: Good morning, Commissioners. My name is
Victor Neiditz. I'm a taxpayer of Collier County and a longtime
member of the Taxpayer Action Group. I have a short statement to
make.
During the past six months or so, there has been a clear sense of
public cynicism, discontent and lack of confidence in county
government. This has been articulated in newspaper editorials, letters
to the editor and wherever public-spirited citizens vent their thoughts.
And this has been acknowledged in comments by some of the
commissioners as well as by the county manager in their talk about
the necessity to restore public confidence.
It is not clear whether the discontent is due to the percent
increase in the budget or the cavalier approach to raising taxes or to
road congestion and the fear of water supply and sewer inadequacies
or to failure to raise impact fees for eight years or to failure to collect
impact fees that were due or to indigent medical care or to excessive
salary increases or to criminal prosecutions or -- excuse me -- or to
the charge of institutionalized corruption from the City of Naples
criminal prosecution or all of the above. But the discontent is there.
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April 9, 2002
And now to the point I want to make: Redefining concurrency
as proposed by TAG to mean that the roads and other necessary
facilities must be in place before residential or commercial
construction is approved will go a long way towards restoring public
confidence in county government. This redefining will be a
watershed event which will let the public know that the county
commissioners are serious about solving road congestion and getting
past the charge of institutional corruption.
Thank you.
(Applause)
CHAIRMAN COLETTA: Is there any other public comments?
MS. FILSON: We have two speakers registered to speak on the
next public comment. Are you going to take speakers on those?
Public petitions -- I'm sorry.
CHAIRMAN COLETTA: Yes, I will. I'll take speakers on
them, but before we begin we're going to take a five-minute break to
give the stenographer a chance to rest her weary fingers. (A brief recess was taken.)
COMMISSIONER HENNING: Mr. Chairman, we don't have
anybody over to read the next item, but I believe we're on public
petitions.
Item #6B
DISCUSSION REGARDING DEFINITION OF
"CONCURRENCY" WHEN IT IS APPLIED TO ROADS, WATER
AND SEWERS - STAFF TO PUT ON FUTURE AGENDA AS A
REGULAR ITEM
Page 45
April 9, 2002
CHAIRMAN COLETTA: We sure are. And the next one is the
public petition by Tom Macchia.
COMMISSIONER HENNING: Item 6-B.
CHAIRMAN COLETTA: Yeah. Mr. Macchia?
MR. MACCHIA: Good morning, commissioners. I'm Tom
Macchia. I'm the president of TAG, Taxpayers Action Group, and I
want to thank you for allowing this petition to be -- to be heard.
Our petition addresses what we in TAG believe is the most
important problem in Collier County today, and that is, of course, the
present congested roads and the coming gridlock as well as water and
sewage problems. And instead ofjust trying to find ways to build
roads to avoid a moratorium, we at TAG believe that, in order to
relieve present congestion and to avoid inevitable gridlock, you
should also be slowing growth.
We here at TAG believe that controlled growth can be
accomplished by changing the present meaning of concurrency and to
put a stop to all future decisions to lower the level of service on our
roads.
Concurrency now accepts roads as adequate, even if it's
congested and as long as improvements are budgeted in the next three
years. We at TAG believe that roads should only be considered
adequate when, at its current physical condition, it is not congested
and able to accept additional vehicles that would come from new
construction. When and only when this condition exists would new
development be allowed to start.
The checkbook system, which has been suggested, would be
used to make that determination. The difference would be that now
no three-year grace period would be accepted as being concurrent. If
the slowing of growth is truly the goal of the commissions, this
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April 9, 2002
change would guarantee future residents and visitors a more pleasant
and safe experience in Collier County.
Now, we realize that there has been an honest attempt to restrict
growth along crowded roads and that you intend to raise impact fees
and to create a system that is patterned after keeping a checkbook on
each development. But it is not enough only to do now what should
have been done before. The problem is now out of control. The
present system would still allow development to begin with the
present three-year grace.
Back in August of 2001, I read an editorial about how Jeb Bush
and his cabinet, in the summer of 1999, ordered the commission to
get a grip on concurrency. And we believe now is the time to really
get a grip on concurrency. We here at TAG realize this may be
considered a major change, but a major change is needed. Minor
changes here and there will not work, like cutting concurrency
definition from three years to two. That is too little too late.
Conditions are too critical for such a minor move. Turning the water
off slowly is not enough. Our basin is full. We are drowning in a sea
of cars.
As I understand, the road department is working on a computer
model of road conditions to come, and I predict that it will show
gridlock in the future. And gridlock, as I understand it, means that
every vehicle on our road will be at a standstill for an extended
period of time during peak hours. We love it here in Naples, and we
want the tourists to come and we want the retirees to come, and we
want our venders and service workers to keep making a living here,
and gridlock will jeopardize that livelihood. We do not want to say
in a few years from now we are in complete gridlock.
And we realize that it would be unfair to institute this change
just because members of TAG or even if you as a commission
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April 9, 2002
supported such a change. There are many in the community who
may believe that their livelihood would be affected. TAG believes
that the community as a whole should have a voice in any such
decision, and the only fair way is to have a referendum.
TAG requests that you put this on a referendum in November.
We ask that you give us the same support you gave the Green Tax
Organization. You said that you did not necessarily agree with the
tax but you offered to help the tax group anyway. Well,
commissioners, concurrency change or not, please offer us the same
support.
I would like to just read a suggestion for the referendum
language. It says, "Shall the county -- Collier County Commission
amend existing plans, codes and ordinances to require that roads,
water and sewer facilities be in place and fully functional before
granting approvals for new development projects throughout Collier
County, Florida."
Thank you.
(Applause)
CHAIRMAN COLETTA: Commissioner Henning?
COMMISSIONER HENNING: The governor's order was more
about protecting the environment in 1999.
MR. MACCHIA: Yes, it was. But concurency was mentioned
in the order.
COMMISSIONER HENNING: And the position of TAG is,
you don't want a slow or controlled growth; you want to just stop all
building?
MR. MACCHIA: No. You use the checkbook system. If you
have a road that's adequate and the level of service can accept new
construction without lowering that level of service, that particular
project would not get an application. It would not start, yes.
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April 9, 2002
COMMISSIONER HENNING: You're encouraging more
tourism?
MR. MACCHIA: I'm not encouraging. I say I welcome them.
That doesn't mean I'm whistling and want them to come here, no.
COMMISSIONER HENNING: So you don't want any tourism
here?
MR. MACCHIA:
me.
It doesn't matter to me. It doesn't matter to
COMMISSIONER HENNING: Okay.
CHAIRMAN COLETTA: Mr. Coyle?
COMMISSIONER COYLE: Just a question. As I understand
our policy, this should be a request to get on our agenda so this can
be debated. This issue and this language has not been publicly
advertised.
MR. MACCHIA: I understand that.
COMMISSIONER COYLE: So we can't debate that today,
Tom. But I think all we would ask the board to do today is to
schedule this at a future meeting so that it can be debated and the
language itself can be examined, and then we could make a decision.
But I -- I don't think, based upon what I've seen in the short time I've
been here, I do not think you're going to find much opposition to the
concept of concurrency here.
The thing that you have to understand is that the train to
conconcerncy has already left the station. The first set of land
development code changes are coming before the Planning Advisory
Board tomorrow, are they not? And there is nothing to my
knowledge that says that the checkbook accounting system that we
have recommended require a three-year concurrency consideration.
There is nothing that presupposes a three-year consideration there.
So the idea that we would change the definition of concurrency is --
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April 9, 2002
is sort of irrelevant because what you have to do is change the
underlying law. And I would hope that you would agree that if the
objective is to reach concurrency, we don't want to wait until
November to hear what the people have to say about it before we
start doing something.
MR. MACCHIA: If you want to do something before that, I'd
be overjoyed.
COMMISSIONER COYLE: Well, we've already done it, Tom.
MR. MACCHIA: As I understand it, you-- go ahead. I'm sorry.
COMMISSIONER COYLE: Concurrency involves a wide
range of issues, not just -- just the road issue. We have -- we have
recovery procedures where we're recovering traffic on the existing
roads today. We're making some major modifications to existing
roads so that we can recover capacity without having to widen them.
We are talking about limiting the -- the heights of buildings. That's
another proposal that's before the planning commission tomorrow.
We have already taken action with respect to more frequent
review of all those outstanding developments that were proposed and
approved in years past with a view toward diminishing the density
that is -- is required. That has been approved. And of course, the
checkbook accounting system would be applied to all infrastructure --
the roads, sewer and water.
So the -- the issue is that we've already done that. What hasn't
happened is, it hasn't been staffed completely through the appropriate
advisory committees. And we'd be delighted to have you and TAG
get involved in that input, because we need as much input as we
possibly can get to make these the best changes we can make them.
And I'm not supposing that we have devised the best solution to
all the problems, but I'm merely saying the process is well underway,
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April 9, 2002
and -- and this -- this board approved the concept 60 days ago or so,
at least, through a strategic planning process.
So we are well underway. If we wait to get TAG involved until
later, even a month or two months from now, I think we make a big
mistake. I'd like to get you involved now. I'd like to see you go to
those meetings and have some public input there and understand what
we're trying to do and then help us improve it.
MR. MACCHIA: I have a question. Do I understand you
correctly to say that there is no three-year grace period; there's
nothing about being budged? As I understand it, that's in existence
right now.
COMMISSIONER COYLE: There is a state requirement and a
procedure, but when the -- when the -- as a matter of fact, the state
requirement can give us as long as five years to deal with that issue,
which everybody believes--
MR. MACCHIA: But you're using three at the moment.
COMMISSIONER COYLE: But using three at the moment.
But that does not --
MR. MACCHIA: We want you to change that three to zero.
COMMISSIONER COYLE: The checkbook accounting system
does that.
MR. MACCHIA: The accounting system? That doesn't make
any sense to me. I'm sorry, Fred.
COMMISSIONER COYLE: Okay. Okay. Let me--
MR. MACCHIA: If we don't change the language from three to
zero, everything else you're doing, I suspect, because I can't see and I
can't put my hands on it -- if you change the wording -- if you change
it from three years, you put it in the land code or the comprehensive
plan, it no longer will be at three years. I understand that, but saying,
well, we're already doing it, that doesn't --
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April 9, 2002
COMMISSIONER COYLE: We're already in the process of
changing it.
MR. MACCHIA: From three to zero?
COMMISSIONER COYLE: From three to a checkbook
accounting system, which is essentially zero.
MR. MACCHIA: No. Three to zero, I understand. Three to a
checkbook accounting system does not -- it's not the same thing.
COMMISSIONER COYLE: All right. Well, I just want you to
understand that this process has already begun. And -- and if you will
get to those committee meetings and provide public input, you will
help us do a better job with it, and maybe we'll get this whole thing
solved before November.
MR. MACCHIA: I understand. I thank you for asking us to
enjoin you with that thing, but I still say I really want you to change it
from three years to zero, and I want to see it in the language. And
that's what I will be asking for at the meetings. COMMISSIONER COYLE: Okay.
COMMISSIONER HENNING: Tom, before you leave, does
that -- your request to put it on a referendum -- what Commissioner
Coyle said is, do you think that's more in agreement of being
involved-- in being in the process?
MR. MACCHIA: Well, the thing is, if you put it in a
referendum -- in my little speech there I did mention the fact that
there are people who would-- if you put it from three to zero, they
would be upset and think their livelihood is not -- is affected. And
I'm suggesting for a political reasons and for fairness that you should
put it on the referendum, yes.
COMMISSIONER HENNING: Okay. So--
MR. MACCHIA: And at the same time, agreeing that the only
option I have open to me really is to enjoin you with those meetings.
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April 9, 2002
COMMISSIONER HENNING: So there's still a request to put
this on a future agenda to discuss this?
MR. MACCHIA: Absolutely, yes.
COMMISSIONER HENNING: Okay. I'm in favor of that, of
talking about it a little bit more in depth.
MR. MACCHIA: Thank you very much. I appreciate it.
(Applause)
CHAIRMAN COLETTA: Oh, Tom, I just wanted to tell you, I
appreciate your presentation. It was absolutely excellent, and it's so
much appreciated when a person acts civil when they get up there. I
know that we're lacking all sorts of redeeming qualities, but we don't
want to be reminded about it every five seconds. But thank you very
much.
MR. MACCHIA: Please don't envision me as a pussycat.
(Applause).
MS. FILSON: Mr. Chairman, you have --
CHAIRMAN COLETTA: Wait. Hold on, please.
COMMISSIONER COYLE: I'd just like to make one other
comment. The thing that has -- has been ignored, I think, in this
particular presentation and in those that preceded it is the fact that the
county has undertaken the most aggressive road construction project
in the history of Collier County. This was not started this year. It
was started two years ago or longer. So we are in the midst of a
major road construction process that is going to improve the capacity
of our roads dramatically.
Livingston Road alone will add the capacity of another Highway
41 north and south. There are going to be massive improvements in
road capacity here. So there are lots of things that are being done
right now. Some of those roads have already been completed and
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April 9, 2002
we're seeing the benefits of them. Other roads will be completed this
fall. Other roads will be begun this fall.
So despite the fact that this board inherited a huge deficit in
infrastructure, this board has been working long before I got here on
trying to resolve this problem. It's going to take time. It took 10 to 15
years to create. It's not going to be solved in a year.
So we -- we ask for your patience and your support and your
involvement in these committee meetings to make sure that we get
the appropriate public input and review to assure that the Land
Development Code changes we have already begun work is in the
best interest of the entire community.
COMMISSIONER FIALA: May I just add to that? As you
mentioned previously in your last statement, not only the roads, but
we've made giant strides on expanding both the water treatment
plants north and south as well as adjusting and upgrading our pure
water system.
And then our landfill, my goodness, we've made great strides in
improving that and expanding the life of it. I mean, we've taken
many different important features or -- or projects in our community
that will last for a lifetime, trying to expand them into -- to deal with
growth properly and responsibly. (Applause)
COMMISSIONER COYLE: I just think that the perception
seems to be that, because these things occurred in the past, that this
board is doing nothing about them, and that simply is very far from
the truth. There are a lot of things that are being done about those
problems, and you have already seen the benefits of those.
How many people here can recall an entire wintertime when we
didn't have some kind of water restrictions? Can you think of any
time it hasn't happened? This year it for four days, five days. So
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April 9, 2002
don't tell me that there hasn't been an improvement. There has been a
lot of improvement. And the only reason that occurred was because
of mechanical functions, not because of capacity. Three separate
mechanical failures occurred simultaneously.
And yes, we should have and we will have additional backup for
things like that. But there has been a lot of improvement. And if you
-- if you don't believe that, you have to deny the existence of new
roads and widened roads. We know they're there, and that is a result
of action by this board.
COMMISSIONER HENNING:
CHAIRMAN COLETTA: Yes.
COMMISSIONER HENNING:
Commissioner Coletta?
Go ahead, Commissioner.
If the majority of the members
of the Board of Commissioners would wish to bring this TAG's
petition up at a future agenda, maybe we could save some of the
speakers' time.
CHAIRMAN COLETTA: We can give that a try, but I'm not
going to limit any speakers unless they wish to wait. I would be very
interested in having this discussed in a more formal presentation with
due notice for the rest of the public to be there.
COMMISSIONER COYLE: The public really isn't being
served by this discussion.
CHAIRMAN COLETTA: That's correct. We have five
commissioners in agreement. So from that, we're going to go to the
other-- the signed-up speakers.
COMMISSIONER CARTER: I believe County Manager Olliff
has a comment.
CHAIRMAN COLETTA: Mr. Olliff?.
MR. OLLIFF: My recommendation would be that you've got a
-- I will provide to TAG the schedule of Land Development Code
workshops, because I think Commissioner Coyle is right; there are
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April 9, 2002
some good opportunities for some dialogue and to hear some of the
options in terms of what the board's already directed on
transportation-related improvements. But in order to get to some of
that, my recommendation to the board would be that we schedule this
for 30 days from now to allow perhaps some of those LDC
amendments to get finalized in a little better form so that that can be
part of the discussion.
So if the board would indulge to have that discussion two board
meetings from now, I think it would give you time to have a little
better discussion about the issue.
COMMISSIONER HENNING: Would that hamper the board
on -- if they decide to put some language on the ballot? Would that
hamper --
MR. OLLIFF: No, sir. In fact, as I recall, when we touched
base with the supervisor of the Elections Office -- and I'll confirm
this -- on the Green Space Related Tax, I think the deadline for
referenda question language approved by this board was sometime in
mid-July. So I don't think 30 days from now having discussion would
hamper that in any way.
COMMISSIONER HENNING: Okay.
COMMISSIONER CARTER: Mr. Chairman, I've been here for
24 years. Not on this commission, but in this community, and I will
tell you, this morning I'm beginning to hear let's manage the growth
versus the growth managing us, which has been my theme ever since
I've been a commissioner. And now we're pulling the pieces together
with the people in a process that gets us to that end result.
And it took a lot of change to make that happen. First of all, you
had to change the Board of County Commissioners to have the
attitude or the will to do that. You had to build an executive team
that could come in here and tell you how to do that, to take you
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April 9, 2002
through the process. Now we've got the community. Like TAG, I
would encourage them to be a part of that process as we go through
this so that we can end up with the best final product for the
community.
So I think this is encouraging. We are now stepping into
another level of participation in the community.
CHAIRMAN COLETTA: I can remember, Commissioner
Carter, when we came to our first meeting and we were going
through the summary agenda, and I seen on it the LOS 5 percent rule.
And I inquired to what we were talking about. Pam Mac'Kie got so
excited. She said, "At last, somebody's going to question what's
going on."
She started going on, and finally we got an explanation of how it
allowed for 5 percent of any development to empty into on a
highway, regardless of what the capacity of the highway was. And
the next development could also do 5 percent. And it was absolutely
ridiculous. And we all agreed at that point in time that this was going
to change.
These changes don't take place in days or weeks. It takes
months from beginning to end. And we have seen a lot of these
changes, and we're going to see a lot more. I don't think you see one
person up here that is truly pro-growth totally by itself. We're
looking out for the best interest of the whole community, and we're
going to continue to do so.
Meanwhile, we were going to bring this back in a more official
form. We're going to make sure that everyone is duly noticed out
there, from the civic associations to the chambers to every other
group that's out there, including the building industry, so that
everyone here can have their representatives present while we work
our way through the process.
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April 9, 2002
And with that, let's see how many speakers we still have left.
MS. FILSON: Mr. Chairman, we have five. Mr. Jim Kramer.
He will be followed by Glen Dunavan.
MR. KRAMER: Mr. Chairman, my name is Jim Kramer, and
I'm from District 2. I took this off the Internet this morning. It's the
definition of concurrent. Number 1, "Occurring or existing
simultaneously or side by side." Commissioner Coyle, you just
used the word, there were three simultaneous mechanical instances at
the water plant. It didn't happen in three years; they happened last
week.
"Acting or-- in conjunction or cooperating. Having equal
authority or jurisdiction. Accordant or agreeing; tending to or
intersecting at the same point."
It's been said well by the Naples Daily News in an editorial of
March 30th: "Interstate 75, what could speed widening?
Concurrency is in the public spotlight these days. As another busy,
gridlocked winter season draws to a close and a busy election season
warms up."
How current does the adequacy of roads have to be in advance
of or simultaneous with nearby development, or can it trail growth by
a few years? These questions ring truest in Collier and Lee counties
along one road, a road that ties them together and is supposed to wisk
traffic along metro-style. It's Interstate 75, miserably clogged even
on weekend afternoons. Still, the widening by two more lanes -- two
or more lanes -- excuse me -- remains a decade away.
Additional developments dominates both sides of this
north/south corridor. More neighborhoods, more shopping centers,
more university expansion, more airport growth. If there's a minor
wreck, forget it. What good is a larger airport if you cannot make
your flight? Renumbering the exits won't help. Meaningful
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April 9, 2002
concurrency. Build the roads, then grow will. No more development
until the road gets done. That ought to get 1-75 widened.
I concur with concurrency. We need to get this job done for the
community. Itm not trying to put the builders out of work. The
builders can build roads. The builders can build infrastructure. They
don't need to leave. We need to get them in here and build the
infrastructure. Let's roll. (Applause)
COMMISSIONER CARTER: Mr. Kramer, first of all, any
statements about "let's roll," et cetera, are part of your campaign and
should not be allowed in this format.
Number 2, the issues that you're raising about 1-75 belong to the
US Department of Transportation, Florida Department of
Transportation. And I'm sure Senator Saunders appreciates your
comments this morning, as all of us do, but that is a legislative state
process of which the Board of County Commissioners does not have
authority over.
So yes, we would like it widened. And yes, we believe that it's
way behind. And our MPO organization knows it's behind, but we
can only deal with the issues and the road networks of which we have
accountability and responsibility. Thank you, Mr. Chairman.
CHAIRMAN COLETTA: Thank you, Commissioner Carter.
MR. KRAMER: Mr. Commissioner--
CHAIRMAN COLETTA: I'm not going to allow this to become
a debating society. You had your chance to speak. Mr. Carter is a
commissioner up here, and he has a chance to counter. Now we're
going to the next speaker. Please take your seat.
MS. FILSON: The next speaker is Glen Dunavan, and he will
be followed by Dean Edmunds.
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April 9, 2002
MR. DUNAVAN: My name is Glen Dunavan, and I'm a
member of TAG, which my hat will tell you that.
I have one problem with the goings on so far. Mr. Coyle says
that it's in the process, but he didn't commit himself to staying with 3
percent -- three -- three years or-- or extending it more than three
years. And what happens -- I've seen it happen -- is that they limit
the three years for concurrency, and then at that time, they give it
another three years. And that has happened, I believe. And that's just
what we want to -- want to limit.
And we're not against growth; we're against granting growth
when the infrastructures are not there. And that includes highways
and your sewer and water. And this is what we're asking for.
To help afford concurrency on roads, no so-called beautification
of highways, basically, in the rural areas. This will serve three
purposes: Safety, allowing emergency vehicles to get to accidents
and emergency things, and visibility. These trees and stuff in the
middle of the road are nothing but detriment, and they will save you
And also I saw in the Naples Daily News that watering for these
beautifications on the median is one of the biggest users of water.
Now we're talking about shortage of water and -- and this is a good
way to stop -- to help the shortage of water is, don't put all these
plants in the center of the road. It's costly, and we can spend that
money on roads.
Another question I have that has not been addressed that I know
of in public, Dwight-- Dwight.
CHAIRMAN COLETTA: Dwight Brock, sir?
COMMISSIONER FIALA: Dwight Brock?
MR. DUNAVAN: Oh, I can't think of his name. But anyway --
COMMISSIONER FIALA: Brock.
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April 9, 2002
MR. DUNAVAN: -- Dwight Brock addressed the TAG
meeting, and he said that he had offered the county commission $12
million that he can accumulate to go towards the roads; 12 million a
year for five years. And I haven't heard of anybody accepting or
addressing this item. And to turn down or not address 12 million a
year-- and this would take up the shortfall on the county highway
projects.
CHAIRMAN COLETTA: Commissioner Coyle?
COMMISSIONER COYLE: I think what I'd like to do is have
the county attorney address that issue. The board has not ignored it.
The board sometime ago, through staff, asked the county attorney to
determine if it was a violation of laws to take that money. And I
believe the county attorney has gotten a preliminary interpretation
from our outside counsel.
Now, what does that outside counsel tell us, Mr. Weigel?
MR. WEIGEL: Excuse me. Thank you, Mr. Coyle. We had
worked with outside counsel in regard to the question of if in fact
funds that are -- that go to the clerk from the county, meaning the
Board of County Commissioners operations that are held by the clerk
for investment, does in fact state law provide for the proceeds, the
profits from investment to come back to the Board of County
Commissioners in essence not tied to the original principal from
which these funds came. The funds that are in the purview and
invested by the clerk, and of course the clerk can comment further,
but those funds in fact come from many sources.
The county manager can probably fill in a couple for me if I
omit one or two, but we have impact fee monies that come from the
various impact-fee ordinances that exist -- road, water, sewer, library,
parks, law enforcement-- and I'm sure there are a couple others.
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April 9, 2002
We have other money that comes. It's general-fund money that
goes over to the clerk and is invested that -- those funds are invested
that are not needed for fiscal-year operations.
There's -- there are significant funds that come from the water
and sewer district. These are enterprise fund monies. There are
significant funds that come from the Community Development
Services operations. These are fees that are paid upon applications
that are filed with the department. There are also significant funds
that come from the waste -- solid-waste operations. These are not
paid by taxpayers but are paid by ratepayers who provide -- who
receive services similar to the water and sewer service.
What we noted in looking to respond to the question was that, if
in fact there were to be a change in the path or return of these funds
as invested and come back generally to the board, not linked to the
principal from which the interest was earned, that we would find a
significant change in those other -- other funds and -- and
prognostications and planning based upon the other funds.
As an example, impact fees for road, water, sewer and all those
other that I mentioned are part of the fee itself as well as the planning
for the utilization of those fees is specifically taking into account a
percentage return on investment.
So we do know that an alteration in the return of the gross
interest income from investments that would come back in a general
form to the board, ala ! 2 million or whatever the form -- amount
would be, would be a significant change from the operating and
planning that goes into the individual funds for which the interest
came in the first place.
Our office, working with county manager and working with Mr.
Brock and Jim Mitchell, have discussed this over time, reviewed the
outside counsel preliminary report, and we are going to be coming
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April 9, 2002
back to the board through the county manager shortly with a refined
view on that to advise the board as to what may be done. That's my report to you now.
COMMISSIONER COYLE: So I think in summary, Mr.
Dunavan, what we're saying is, it has not been ignored. We would
love to get that money. We want to make sure we do not violate laws
when we do so.
So rest assured that if it is possible for us to do that, we'd be
delighted to get that money, but we don't want to take it until we've
touched all the bases.
COMMISSIONER FIALA: Thank you very much on that.
CHAIRMAN COLETTA: We have Dwight Brock, our clerk of
courts, in the room. I'd like to have him respond to that also.
I'm sorry, Dwight. Have you been following what we've been --
the conversation?
MR. BROCK: My name's Dwight Brock. I'm the clerk of
courts, for the court reporter.
I saw some of it. What is it you would like me to respond to?
CHAIRMAN COLETTA: The $12 million that you're going to
give us with no strings attached every year for the next five years.
MR. BROCK: Well, Commissioners, I think I give that to you
every year and have been for sometime now. It is my position that
I'm going to give it to you in a different form than you have been
receiving it in the past. That is, that you will be receiving it in the
form of general fund revenue as opposed to -- general governmental
fund revenue as opposed to a specified use revenue, such as TDC
funds, which has limited use. You'll be able to use it for whatever
you want to use it for, including but not limited to the very things that
you use it for today. All I'm doing is giving you a broader spectrum
of opportunity.
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April 9, 2002
Now, I understand, after discussing it with your county
administrator and your county attorney, that they have a difference of
agreement as to the law as it relates to that, and we will address that.
CHAIRMAN COLETTA: Thank you. I appreciate that very
much.
(Applause)
CHAIRMAN COLETTA: Next speaker?
MS. FILSON: Next speaker is Dean Edmunds, and he will be
followed by Fred Tarrant.
MR. EDMUNDS: Good morning, Commissioners and ladies
and gentlemen. I'm Dean Edmunds. The "Dean's" a name, not a
title; though, I was one once, and I'm a year-round resident of
Florida. I live down here on Spyglass Lane, and I'm, of course, a
member of TAG.
I hadn't really intended to speak today because I was going to
say there's been so much said and so well said that I have nothing to
add. You know, there's quite a story about that. There was a fellow
who got very popular because that was the speech he always made.
He got very popular because everybody was delighted not to have to
listen to another string of platitudes, but trouble did occur one time
when he was made the first speaker.
So I really have very little to say. I'm just a leftover physics
professor who observes that the joint is getting crowded. We've
heard this morning all about how the roads are blocked; there's not
enough water and this and this and this, and so I just noticed, cutting
-- in an attempt to cut to the guts of the matter, is simply to say, look,
there shouldn't be any new permits -- new permits -- issued for
construction until the infrastructure -- the roads, the water, the
sewers, et cetera, et cetera -- are in place to support whatever permit
is in question.
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April 9, 2002
Now, I mean by "in place" not just that it's planned but that it's
there. It's finished. It's working, or at least it's ready to work
whenever the demand occurs. And that's just a very simple basic
matter.
Now, I'm in no sense as political or social scientist. Politically, I
am very naive, and so I don't know what political process should be
invoked in order to bring this about. I just know that that's the end
result that I would like to see. And for this, I thank you much for
listening. (Applause)
CHAIRMAN COLETTA: Sir, you just took the first step.
You're part of that political process.
MS. FILSON: The next speaker is Fred Tarrant, and he will be
followed by your final speaker, Bob Stone.
MR. TARRANT: Thank you, Mr. Chairman. Thank you,
County Commissioners, for your patience. Oh, Demonstanise, I
know thee by the pebble thou secretist in thy golden (inaudible).
You know, Commissioners, we all respect the work you do. No
one comes up here if they're in their right mind to cast dispersions or
insult your good work and your good efforts. You work very hard.
But I think that there is a public perception problem that you may not
quite realize to the fullest extent. I'm talking about public
confidence.
You pick up the Naples Daily News, and you read where
prominent land-use lawyers in Collier County are stuffing hundred-
dollar bills in checks and envelopes, passing them on to county
commissioners.
CHAIRMAN COLETTA: Sir, please phrase that in the past
tense.
MR. TARRANT: I'll be very happy to do that. That was past
tense. And we all -- we all hope that the free golf and this kind of
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April 9, 2002
shenanigans is behind us. But we have to also be realistic. We have
to be truthful and honest and realize that it was only about six months
ago that we had a referendum that the county commissioners were
very much in favor of for a half-cent added sales tax.
And during that process of that campaign -- yes or no. Do you
like the idea; are you opposed to the idea -- we saw the county
commissioners block the Taxpayer Action Group from having any
access whatsoever to their county television channel, while at the
same time, Joe Turner from the Better Roads Corporation, one of the
largest road-building companies in Collier County, and Apex, another
major road builder in Collier County, were repeatedly over and over
and over replayed on the county channel, showing them beating the
drum for the sales tax at a time when they had millions of dollars in
contracts waiting in the pipeline. They had a serious vested interest
in the sales tax, and you allowed them on your channel, on your
television channel, and blocked TAG. You stuffed -- you stuffed
notices in employees' pay packages. You sent out notices in utility
bills promoting your version of what you wanted to see for that tax.
So I'm telling you, Commissioners, unless people are seriously
into forgetfulness, we cannot help but remember these things. So I
would urge you-- you can tap dance as long as you want around the
concurrency issue. You can tap dance for 30 days, as your manager
just said, and you can try to draw TAG into a discussion and a
process and lose them in the process.
It's all very simple, Commissioners. Put this damn thing on a
referendum in November. Let the people speak. Let the people have
input into this most important issue in Collier County today, getting a
handle on excessive explosive runaway growth that is way, way out
ahead of roads, water and sewer. That's all we're asking. Put this on
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April 9, 2002
the referendum. Give the people a chance to decide how they want
their future to look.
We're not interested in halting or stopping growth. Yes, we are
interested in controlling growth so that it doesn't run rampant ahead
of adequate roads, water and sewer. Please, Commissioners, don't
tap dance. Don't drag this issue. Don't boiler-plate it. Put it in a
referendum. Thank you very much. (Applause)
CHAIRMAN COLETTA: Commission Coyle first. Mr. Tarrant,
I have a question, please.
MR. TARRANT: Sure. I'll come back so I can --
COMMISSIONER COYLE: I'm a little confused here. Are you
proposing that we put this on a referendum and wait until that point
in time before we start addressing a concurrency issue?
MR. TARRANT: No. Because you can go ahead -- certainly I
would applaud you going ahead. Do all you can to change your Land
Development Codes, and certainly go ahead and play with your
checkbook balance system. You know that the -- you know that the
checkbook is in a serious deficit. In fact, I read Sunday in the paper
that now the checkbook system is going to include the red cockated
woodpecker. So go ahead and have fun with it. It's a game. It's
Monopoly.
The only way that the people can have confidence in the county
government is to vote on this thing. That will force the county
commissioners to change their plans, their codes, their ordinances so
that no development projects can be approved without the roads,
water and sewer being in place and fully functional before that
happens. That's common sense. That's good planning. That's public
health safety and welfare, Mr. Coyle.
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April 9, 2002
COMMISSIONER COYLE: And that's exactly what the
checkbook accounting system does, Mr. Tarrant.
The thing that I'm concerned about is that there is a focus on
getting something on the ballot rather than a focus of moving now to
solve the problem. And certainly, I hope that TAG will participate
with us and go through these public hearings, because anything that
happened as a result of a referendum will still have to go through the
same process. It still has to go to public hearing. All those Land
Development Codes have to be heard, and they have to go through
the appropriate committees in order for them to be properly changed.
Now, the point is, we're doing that right now. I would prefer
that we move forward with what we're doing right now with TAG's
input to make -- and then you will have an opportunity to see whether
we are making the appropriate kinds of changes.
MR. TARRANT: Well, I appreciate that, Mr. Coyle. And TAG
has a bunch of very, very intelligent people. Victor Neiditz and
Professor Dean and all of the people that are involved. And I'm sure
they'll do the right thing.
This will be the last time that I'll be speaking to the county
commissioners for TAG because I'll be very shortly-- being --
announcing and asking the people of this county if they want Fred
Tarrant here to shine the light of truth in dark comers and represent
them on the county commission. Thank you.
COMMISSIONER COYLE: Good. Welcome aboard, Mr.
Tarrant.
CHAIRMAN COLETTA: Mr. Tarrant, would you hold just one
second. Commissioner Fiala's got a question for you, I believe.
COMMISSIONER FIALA: No, no question. I just wanted to
say I feel like we're at a political candidate forum this morning
performing for the media.
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April 9, 2002
MR. TARRANT:
Thank you.
MS. FILSON:
MR. STONE:
Would you want me to keep that a secret?
Your final speaker is Mr. Bob Stone.
Good morning, Commissioners. For the record,
my name is Bob Stone. I'm a member of TAG and also chairman of
the Home Rule Charter Committee for Collier County.
We always seem to come to the commissioners with our hat in
our hands, and we are asking you much the same as subjects rather
than your employers to do the right thing. Today we are asking you
to invoke concurrency rule within the Growth Management Act that
states that infrastructure must be in place prior to or current with
development.
This is not a complex issue. The request should be
understandable by a fifth-grade student. We do not request that the
Growth Management Act be watered down to a three-year-or-less
rule. We do not request that the level of service be changed to
accommodate more development. We simply state that we desire
that infrastructure must be in place prior to or concurrent with
development.
Tomorrow, Commissioners, citizens may not be coming to you
with their hat in their hand. We may be invoking our rights at the
ballot box for the electorate of the county to decide. Meanwhile, we
are asking you to do the right thing, which is within your power, and
invoke concurrency as it was originally intended before the
development and building industry changed it.
We are asking you to support the TAG initiative before the
unpleasant consequences of a moratorium is requested by the
citizens. Thank you.
CHAIRMAN COLETTA: Commissioner Coyle?
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April 9, 2002
COMMISSIONER COYLE: Yeah. Mr. Stone, just a question.
As we've all said, we all agree with concurrency. We are anxious to
have TAG work with us to make sure that we make the appropriate
changes to get there.
Now, are you saying that if we do make the appropriate changes
you still want it on the ballot?
MR. STONE: I'm saying that, personally, I would like to see
this invoked today. I would not only like to see it invoked, I would
like to see the 80,000 permits that are on the books that are
grandfathered in come back before the Commission.
COMMISSIONER COYLE: We're already doing that, by the
way. We've made that change in the Land Development Code. We
are bringing all of those back to take a look at them with a view
toward reducing the density or perhaps even eliminating the approval
itself.
So we are shortening the review process because we want to
deal with that backlog that we inherited, and we're trying to reduce it.
The other thing, I think it's important that I explain what the
checkbook concurrency system really does. First you take the
capacity of the road at a reasonable level of service. Let's suppose it's
15,000 trips per day. Then you measure the traffic that is on the road,
and then you have a checkbook balance.
Let's suppose the current capacity is 10,000 trips per day. It
gives you a checkbook balance of 5,000. If a development comes in
and wants to pull a permit that adds a thousand trips per day to that
road segment, we subtract a thousand -- $1,000 from the balance.
When the balance reaches zero, nothing else takes place until after
the infrastructure is developed.
The checkbook accounting system has nothing to do with a
three-year delay or forecast. It is a pure and simple process, just like
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April 9, 2002
your personal checkbook account. There's nothing in your
checkbook account that says you can write a check if you make a
deposit three years from now.
That's -- that's exactly what this does; it gets us to concurrency,
and it does it in a logical, managed way. We still have a deficit to
make up, and we're trying to move as quickly as we can to do that.
But the thing you must do is -- is to take a look at all of these changes
we are making to make sure they do what you want to be done. We
think we're doing it. We are definitely not perfect. We appreciate any
refinements to that process you can help us make. But I don't think
you'll find a single person on this board who does not want to get to
concurrency.
And concurrency does not mean if you're going to build it in
three years. Currency means now. And there's no -- there is no
disagreement concerning that, I don't believe.
MR. STONE: Are you saying that you will invoke this growth
management --
COMMISSIONER COYLE: It's not a matter of invoking.
When we make changes to the Land Development Code, they have to
go through a hearing process. We just can't make a decision here to
do that. So all of the changes that are occurring in the Land
Development Code, the reviewing of those past approved PUDs, the
building heights, taking a look at the checkbook accounting system,
all those things are Land Development Code changes that have to be
-- have to go through a process of public hearings and input. And--
and through that process, we hope to get the input of people like TAG
and others.
For us to proclaim that this is going to happen accomplishes
absolutely nothing. But for us to propose Land Development Codes
changes and staff those changes through the public hearing process
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April 9, 2002
the way our procedures require them, that will accomplish something.
And so that's what we're doing. We're trying to accomplish
something and make sure that people understand what it is we're
trying to do.
Just saying, hey, concurrency all of a sudden means, you know,
immediately doesn't change anything about our Land Development
Codes, because those laws are still on the books. We've got to get
those laws off the books that are causing us the problems, and that's
what we're doing. And we're well underway in that process.
So you can -- you can perform the greatest service to the county
and the people in the county if you take a look at what has been --
what is being proposed, participate in those public hearings and make
sure that we're not trying to pull the wool over your eyes. Okay?
And I think that's where you really need to deal with it.
MR. STONE: Thank you.
CHAIRMAN COLETTA: Thank you, sir. (Applause)
CHAIRMAN COLETTA: And that's the last public speaker on
that subject. Is there anything else from the commission on that
particular subject?
MR. OLLIFF: You need a vote.
CHAIRMAN COLETTA: Mr. Olliff, you had something to
say?
MR. OLLIFF: I think we need a vote of the commission.
CHAIRMAN COLETTA: To bring this forward?
MR. OLLIFF: Yes, sir.
CHAIRMAN COLETTA: I believe that was your motion.
COMMISSIONER COYLE: It was my motion.
COMMISSIONER HENNING: And I'll second that.
CHAIRMAN COLETTA: We have a motion from
Commissioner Coyle, a second from Commissioner Henning.
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April 9, 2002
Any discussion?
(No response).
CHAIRMAN COLETTA:
"aye."
(Unanimous response)
CHAIRMAN COLETTA:
yOU.
And the next petitioner?
All those in favor, indicate by saying
The ayes have it, five to zero. Thank
Item #6C
DISCUSSION REGARDING CONGRESSIONAL
REDISTRICTING- COUNTY ATTORNEY TO REPRESENT
BCC THROUGH DEPARTMENT OF JUSTICE WITH A
BUDGET OF $30,000
MR. OLLIFF: The next petition is Mr. Mike Carr.
MR. CARR: First I want to thank you, ladies and gentlemen.
Actually, it's lady and gentlemen.
COMMISSIONER FIALA: Doesn't roll out very well, does it?
CHAIRMAN COLETTA: And she is a lady.
MR. CARR: She is a lady, a very gracious lady.
I've been before you twice on the subject of congressional
redistricting, and both times --
UNIDENTIFIED SPEAKER: Can't hear you.
MR. CARR: I'll try again. I've been before you, lady and
gentlemen, twice on the subject of congressional redistricting, and
twice you've been gracious, attentive, and showed courage and a
desire to fight for the citizens of Collier County. And I'm here the
third time on the same subject.
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April 9, 2002
Lee County, a few days ago, voted for money to file a lawsuit
concerning redistricting. Their specific complaints was the senate
redistricting. I've talked to the commissioners in Charlotte County,
and they're unhappy about the way they were -- about the
congressional redistricting, and they're interested in what we do here
today.
The local Republic Executive Committee has voted
unanimously to authorize expending money to file a lawsuit on the
behalf of the citizens of Collier County in the congressional
redistricting. And that was a unanimous vote, I might add.
The issue in front of us is simple. It's not that we want to file
lawsuits. Nobody wants to file lawsuits. It's not that we want to spent
the taxpayers' money on lawsuits. Nobody wants to spend the
taxpayers' money on lawsuits.
A couple of days ago, a three-judge panel was appointed to
handle the federal lawsuits in redistricting. We have a judge from the
Southern District of Florida, the Northern District of Florida and the
Eleventh Circuit Court of Appeals, and they are going to review the
lawsuits that have already been filed, plus the lawsuits that are filed.
They'll put them together in one lump and decide what they're going
to do about redistricting.
The only question is, do we want to have somebody standing up
saying, I'm here for Collier County; here are our concerns. That's the
only issue.
Personally, I think that's a pretty straightforward question. I
think everything here would like to have somebody standing up and
saying, I'm here for Collier County. We're concerned about the way
these lines were drawn. We're concerned that they don't fairly
represent our interests. And while I'm here, I want to add a little
praise for our local delegation. Chuck Mohlke and I started out this
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April 9, 2002
project in a bipartisan manner some time ago to try and draw a fair
line for congressional redistricting. Later, the lines were picked up
dot for dot, line for line, by The League of Women Voters and The
Common Cause. But both Burt Saunders and Dudley Goodlette
introduced these same congressional district lines that we had
submitted, introduced them into the house and the senate. And they
made an effort. They fought the good fight to try and see that we got
fair lines.
It was -- it was not to be. The lines that were finally drawn are
pretty much the same lines that Mr. Balart had drawn in his own
mind from the day he first approached this subject. Collier County's
effectively dismembered, with the net result that if these lines stand,
at least for the next ten years, over half the land area of the county
will be adjoined to Dade County. This would result in
nonrepresentation of that area, and an increased tax burden on the
citizens of the rest of the county. I think these are basic facts we're in
agreement in.
I would point out that Mr. Belart, who now has announced he's
running in Collier County, will be here, I think Thursday, did not
appear; didn't show us the courtesy of coming to town when he
chaired the committee meetings in Naples, Fort Myers and LaBelle. I
think actions speak louder than words, and his refusal to attend the
hearings that he chaired, Southwest Florida, about the lines that he
wanted drawn to create a congressional seat for his own interest -- not
in our interest; his own interest -- speaks volumes.
I'll -- I'd like to mention Chuck Mohlke. I, frankly, have been so
concerned about his destain for Collier County that I haven't talked to
him other than in public, and he's been upset about that. He thinks
we should have private conversations to settle what happens to
Collier County.
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April 9, 2002
See, I have the idea that this was all going to be done in public,
that we were supposed to have public hearings with public input at
the public hearings and that the legislatures would base their
decisions on what happened at the public hearings. We've had
hundreds of citizens in Southwest Florida, citizens of Collier and of
Lee, Charlotte County, attend those public hearings. They give up a
day of their lives. Those hearings went on for eight hours. I was
there. And they all said the same thing: They wanted Collier and
Lee kept joined together as much as possible in a congressional
district. And of course, there's got to be 51,000 votes that, you know,
are not in that same district, but there's every reason to believe you
can draw lines that have a central district that include those votes
without sending anybody down to Dade County.
Not a single citizen at those public hearings, not a single one --
and I say that deliberately because the record's public -- stood up and
said, please join us to Dade County. Not a single citizen said, please
join us to Palm Beach County. Not a single citizen said either one of
those things.
What happened, there's no relation to what the public asked for
at those hearings. The difference is that the folks that finally
prevailed in drawing those lines engaged in horse trade, street
politics. And I understand that. I've been part of this process for a
long, long time. And they forgot that the most important principle is
that we are all elected to serve the citizens, citizens who have to live
with these districts.
And I, frankly, don't think we can afford to sit casually by while
lines are drawn and placed in cement for ten long years. I don't think
the local taxpayers want to pay the extra tax burden that will result in
the loss of federal dollars because Mr. Balart doesn't care to come to
town, doesn't care about Collier County. Whatever else, I don't think
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April 9, 2002
we can afford the luxury of sitting idly by. You guys, lady and
gentlemen, you've shown great courage in this issue. It's not fun. It
causes a strain on everybody, but I think we need to stand up and
fight. We need to ask that our voice be heard. We need to say, here's
our concerns.
I would note the attorney general, who is a democrat in case
anybody missed that, has said that he finds the lines they've drawn
not defensible legally. He was talking primarily about the lines
dealing with the state -- state senate and state house because that's
what's in front of him. But the finding he made that the process was
flawed and it was not legally defensible is probably the strongest
single statement that we need to have somebody standing up and
saying we want to be heard.
And I'll turn it over to Chuck.
COMMISSIONER HENNING' Mr. Carr, before you go, you're
saying that we're going to lose federal tax dollars?
MR. CARR: That's based on the idea that if you apply for
grants, and I think Immokalee in the last two years has gotten $26.2
million in federal grants, you have to have a congressman stand up
and say, you know, I'm in favor of this and sign off on it in time to
promote the grants. There is no direct relationship. It's not like we
automatically -- if we lose representation, we don't get the money.
But in the real world, if you don't have a congressman standing up
and fighting for you, you don't get the federal money. And this is not
money we're asking people to give us because they like us. It's
money we've already paid in tax dollars. We're already a donor state
and a donor county. We just want to get our share back.
That's what I'm talking about, getting our fair share back.
COMMISSIONER HENNING: Correct. And so you're saying
this new congressman wouldn't do that for Immokalee?
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April 9, 2002
MR. CARR: The only thing I know to do is look at what people
actually do rather than what they say. He didn't bother to show up at
his own hearings after Chuck -- you know, I lambasted him in public
and said this shows destain for Collier County. You need to -- you
know, this is wrong. You should have been at your hearings. Chuck
Mohlke invited him in public on the air to come to Collier County to
walk around, to meet the people, show some concern. He declined
that opportunity again.
So all I can telling you is, he's declined every opportunity to
come by and get acquainted.
COMMISSIONER HENNING: And the citizens haven't picked
a future congressman for that district yet?
MR. CARR: There won't be any picking of a congressman until
after the lines get drawn and actually after the courts decide, you
know, how they are. And that's -- we have a really short drop-dead
date on this. The 30 days from the date the governor signed the --
signed off on what was presented to him, lawsuits have to be filed if
they're going to be filed. That three-judge panel is going to promptly
take action. There isn't much time. This is not one of these analyst
litigation things we argue for years. This gets done in a couple
months.
MR. MOHLKE: If it please this honorable commission, my
name is Chuck Mohlke, and I appear on Mr. Carr's invitation before
you this morning. And I want to associate myself with many of his
remarks and also to acknowledge the presence of State Senator Burt
Saunders, who, in his submission to the senate committee dealing
with redistricting, did reflect the testimony that was provided at the
public hearings in Collier County. And for that, we're very thankful.
I think there are two core issues here, Commissioners, that are
worthy of your consideration. Core Issue No. 1 has to do with the
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April 9, 2002
procedures that the legislature employed in order to adopt the
Congressional District Plan of 1993, which they did on the last day of
the legislative session. After having responded at the house side by
the 7th of March, the senate chose to take this up -- and the record is
replete with examples here -- and I'd be pleased to provide those to
you individually. They've already been shared with the county
attorney -- indicating that the plan fundamentally -- fundamentally --
differed in certain important respects from previous plans that were
subject to the public hearing process that was adopted by the
legislature on its last day of the session.
And the concern that I have is that there was not an opportunity
-- whatever the merits of the plan, there was not an opportunity for
interested parties to make comments on that plan, nor was there an
opportunity for public hearing and testimony associated with that
plan.
Senator Saunders is very well-acquainted with the process, and
I'm sure would seek to comment on that if it's your determination that
that's appropriate.
Sometimes it's important to remember, Commissioners, what's
involved in terms of population of Collier County. And the district
analysis for counties provided statistically by the legislature is
instructive here, and I think in respect to the concerns expressed
perhaps is deserving of a mention.
For District 25, which is what we're talking about here, that
meets exactly the population requirement of 9,295 persons. Of that, a
total in Collier County represents approximately 81,000 citizens of
our community. And the way in which the population is apportioned
in terms of the registered voter population is significantly less than
the proportion of the population, and the outcome appears to
someone who tries to pay attention to electoral outcomes, to be
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April 9, 2002
virtually self-evident that -- because the population of our rural
county, which represents about a third, as you know, of the total
population under consideration here, is, for demographic reasons,
going to be called a disadvantaged part of Collier County because the
median ages are so low.
When you have an Hispanic population that has a median age of
approximately 25 years and an African-American population that has
a median age of approximately the same, you have virtually 40
percent of the population that could not register to vote if they wanted
to because they're not yet 18 years of age. And under those
circumstances, we have a disproportionate weighting of the overall
population of our rural county that's included in the proposed District
25 that does present a disadvantage to our participation at the same
level as the overall population. And that's a concern and something
that we'd be pleased to provide you with a record of, and we'll share
that with the county attorney. I guess my last concern can be put this
way: Collier County deserves to be at the table when the three-judge
panel or whatever venue is chosen for the final disposition of this
matter. And because there are some very well-thought-through
targeted pleadings that have been presented, both in the southern and
the northern district, it seems to me that there would be clearly an
advantage to have a very proactive argument made on behalf of the
citizens of Collier County that could be addressed by the three-judge
panel or whatever other venue is chosen.
It's perhaps appropriate to note that ten years ago a similar
litigation filed by then Representative DeGrandy, now a principal
counsel on the house side representing the interests of the majority
who adopted the plan, filed and had a prominent Republican in
Collier County as a fellow litigant in that suit. Although I can't claim
detailed knowledge of what was in the minds of Judge Atkins and the
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April 9, 2002
special master who addressed those issues and made the final
recommendations that created the present Congressional District 14,
it seems likely that those were considerations which they were
mindful of when they completely realtered the plan then presented for
consideration. That would have had a similar configuration for what
was then proposed to be District 22 that would have been represented
in the Congress for those ten years by Congresswoman Ileana Ros-
Lehtinen.
Those are my concerns, and I'm hopeful that after hearing the
advice of the county attorney and, I'm confident, appropriate remarks
by Senator Saunders that the board will give consideration to the fact
that it needs to be at the table in regard to these issues, and I thank
you for the opportunity, Mr. Chairman and members of the board, to
make these remarks.
CHAIRMAN COLETTA: Could we possibly get the maps
displayed on the board in the back there so that the public knows
what the subject matter is all about? It would help tremendously if
we could actually show everybody.
There was also some concern from one person I was talking to
the other day who sincerely believed that if this redistricting took
place like this, they'd no longer be a part of Collier County and would
be paying their taxes in Dade County. I did straighten them out on
that, and hopefully that was understood so we're looking at this from
the proper perspective.
In a few minutes, with the board's indulgence, I'd also like to
hear from Senator Burt Saunders and possibly from Dudley
Goodlette's aid there, Steve Hart, who is very much prepared to talk
to us today, also, I'm sure. Oh, I'm sorry. John, I never got to see
you. John Auyer's (phonetic) office. We can possibly get a little
feedback from them on this redistricting and hear from our legislative
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April 9, 2002
representatives exactly what happened and possibly what we should
do, and then we will take some public speakers.
How many public speakers do we have?
MS. FILSON: Two.
CHAIRMAN COLETTA: Senator?
SENATOR SAUNDERS: Thank you, Mr. Chairman, and
members of the commission. I'm here primarily because --
CHAIRMAN COLETTA: That's Senator Burt Saunders.
SENATOR SAUNDERS: I'm here primarily because there
were a couple commissioners who had individually asked if I could
help elucidate, if you will, on some of the things that are important in
this discussion.
I want to start off by thanking Chuck Mohlke and Mike Carr for
their kind words in terms of what the legislative delegation attempted
to do. I also want to thank them for what they have done to benefit
the citizens of Southwest Florida, not just Collier County, but all of
Southwest Florida, in impacting the way these maps ultimately came
out. Obviously the citizens are to be thanked for their input. You, as
commissioners are to be thanked for your input, because it did make
a difference. What I'd like to do is hand out a packet of information
I'm going to refer to. And I apologize for getting into some numbers,
but I think it's important for us to understand what we actually got in
the congressional district so then we can make the decision as to how
to proceed. So if the counsel attorney would hand these out.
One thing we obviously did not get is a congressional district
that has 100 percent of Collier County in it, so we know from the
outset we didn't get 100 percent of what we wanted, but I think it's
important to take a look at what we got and how we got to that point.
In the handout, there are -- I'm going to refer to these two maps
here. There are two maps on the wall. The first map over here with
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April 9, 2002
Plan H, 408C001 is the map that came out of the Florida House of
Representatives on Congressional Reinforcement.
The second map over there, S 19C0017, is the map that was
approved by the senate that ultimately went to the governor and was
signed by the governor. And just for some comparison, in the house
map that came out, you'll note that in the green area there -- you'll
note that in the green area here, almost all of Charlotte County is in
this congressional district. This came out of the Florida House of
Representatives. Most of Lee and most of Collier County -- and the
specific numbers are -- and they're highlighted in your material --
Charlotte County had 84,386 people, Collier County 171,687, and
Lee County, 383,222.
If you take a look at the senate map, what we Wound up with
was a district that had 26,720 from Charlotte County, 171,687 from
Collier County and 440,888 from Lee County.
The point is that we were able to take the house map and
improve upon that because the number that we ultimately wanted was
a congressional district that had 639,000 people from Collier and Lee
counties. We weren't able to get that. We got a congressional district
that had 613,000 people from Collier and Lee counties. So when I
say we need to understand what we got, what we got is a
congressional district that has 96 percent of the population in that
congressional district from Collier and Lee counties.
Now, as I said, we didn't get 100 percent of Collier in that
district, but we knew at the outset that 52,000 people had to come out
of this congressional area anyway, because the combined population
of Collier and Lee counties was about 691,000, and a congressional
district has 639,000 people in it. So we were going to lose 52,000
people from somewhere.
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April 9, 2002
We ultimately lost about 79,000 instead of the ,52,000. We
came very close to that. We got 96 percent of what we are looking
for. And so I think that's important when you make your
determination to where you want to go with possible litigation.
I think what Mr. Mohlke and Mr. Carr have said in terms of
having a seat at the table, I think that makes sense. But the question
becomes, how do you obtain that seat at the table? I had initially
thought that the request was for Collier County to file a lawsuit and
contest these congressional lines and to go to -- literally go to war to
try to improve the number of people in this congressional district.
And quite frankly, you don't have a whole lot you can win on that.
You have 26,000 people that you might be able to include in that
congressional district, and that's probably about the best that you
could. Not something that's worth, really, I believe, going to war
over.
If the issue is, should you have your county attorney intervene in
the lawsuit so you're sitting there and you know what's going on, then
by all means you need to do that. But I don't believe you need to be
spending a large amount of money -- we're talking probably, if you
really did this the right way and litigated to the hilt, you're probably
talking a couple hundred thousand dollars in attorneys' fees and
expert witness fees. You don't need to do that. You probably do
need to have somebody sitting at the table, intervening so that at least
you're a party and you know what's going on. And quite frankly, I
think your county attorney can do that.
I believe -- and again, I want to thank Mike Carr and Chuck
Mohlke for their comments in terms of your legislative delegation
really going to war to try to get the best district that we could for
Southwest Florida. Quite frankly, I think we won that war. When
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you look at a district that has 96 percent of that population in Collier
and Lee counties, I think we did darn well.
So I think it's important to understand what you got. If you do
decide to file a lawsuit and spend a lot of money contesting these
lines, then I think you have to try to figure out what are you going to
get. And I can tell you, the first map that came out of the Florida
House of Representatives is worse. You might wind up with that. Or
worse yet, you might wind up having the courts draw these lines, and
at that point you have no idea what you're going to get.
So that's what I was asked to present in terms of where we are,
how we got there, and what you might ultimately win if you do file a
lawsuit and prevail in it, and I'm happy to answer any questions that
you may have.
CHAIRMAN COLETTA: Commissioner Henning?
COMMISSIONER HENNING: Senator, representative Goss,
Congress Goss, how many citizens are -- is he representing?
SENATOR SAUNDERS: The new congressional districts will
have 639,000 people.
COMMISSIONER HENNING: And you can't have anything
over that or --
SENATOR SAUNDERS: That is correct. The margin of error
in that is one or two or three. You can't have very many over the
639,000 people. It has been to be almost numerically exact, and
that's what we wound up with.
COMMISSIONER HENNING: Okay. What's the minimum
amount?
SENATOR SAUNDERS: The maximum and minimum are
pretty much the same.
COMMISSIONER HENNING: Wow.
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April 9, 2002
SENATOR SAUNDERS: You've got to be very close to
639,000 and varied by a few people, and that's it.
COMMISSIONER HENNING: So if we were to enter into
arguments to try to keep Collier all one, what is the possibility of
scenarios that could happen?
SENATOR SAUNDERS: Well, quite frankly, if you file a
lawsuit and prevail on the issue of keeping 100 percent of Collier
County intact, then we have to find a way to curve up Lee County.
As I said, there's 52,000 people too many in Collier and Lee counties
to begin with. So, you know, in a perfect world, the map that I filed
had 100 percent of Collier in it and most of Lee County in it. We
were taking 52,000 people out of Lee County in the map that I had
filed and that Representative Goodlette had filed in the house. That's
your -- that is the maximum -- that's the best outcome you could hope
for, but not one that I think is particularly realistic. And you're also
setting yourself up for a situation where you're going to be battling
Lee County over which county gets split up.
COMMISSIONER HENNING: Why do you think it's not
realistic to have 100 percent of Lee -- Collier County in one district?
SENATOR SAUNDERS: The way the numbers worked out,
the new congressional seat was going to be in South Florida because
of the population growth. We've had a lot of-- we talked about all
the population growth in Collier and Lee counties. Well, they've had
-- in terms of actual numbers of people in Southeast Florida, they've
had much more population growth if you look at the numbers. A new
congressional seat was going to be developed there. The
determination was made that the best seat that could be drawn for that
region would be a -- a seat that would be represented by an Hispanic
so that some of the Hispanic areas of West Dade and East Collier
were combined to form that district.
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The other new district, just for your information, is up in the
Orlando area where they also experience a tremendous amount of
population growth.
COMMISSIONER HENNING: How do you think this new
district or the representation of this new district -- how would it affect
Immokalee?
SENATOR SAUNDERS: That's a very good question. I will
tell you, I think experience is a good indicator. Congressman Goss
has done a wonderful job representing Collier County. He's done a
wonderful job representing Immokalee. Now, Immokalee is in his
district, but arguably Collier County is a very small portion of that
congressional district.
You take a look at Lee County, for example, with 440,000
people in it. That is the dominant county in Porter Goss's
congressional district. Even with that, Congressman Goss has done
everything he could, everything that's reasonable for Collier County.
He's here all the time. He's very representative of this -- of this
community.
A congressman elected from Lee County, for example, with a
new line or a congressman elected from the western half of Collier
County is going to really be in rune with what the needs are in
Immokalee because the people of Collier County, whether you live in
Naples or in Golden Gate, are going to demand that.
I'll give you a personal example. My senate district does not
include Immokalee. Steve Gellar is the senator that represents
Immokalee. I will tell you that on every occasion where I have an
opportunity to do something for Immokalee, I do that. I do that for
two reasons: First of all, I like Immokalee and I think that -- you
know, I want to do what I can to help them. But secondly, I know
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that the citizens of Collier County demand that. Immokalee is part of
Collier County.
So you have that congressman, whoever that person turns out to
be, that I guarantee you will be fighting for Immokalee; you also
have -- whether it's Mario Diaz Balart or someone else from the
Miami area representing the Hispanic communities, will also want to
do things for Immokalee for the same reason. But also, we're talking
about an area that's growing in population that will grow in
importance in that congressional district, and so I think Immokalee
will be well-served by two congressmen as opposed to being well-
served by one.
CHAIRMAN COLETTA: Commissioner Fiala?
COMMISSIONER FIALA: Just a fast question. So if that be
the case and there are federal dollars to divide up, and the federal
dollars are requested by both Collier and Dade, and the person lives
in Dade and is voted into office by Dade and only has a smattering of
votes in Collier, where are the federal dollars --
SENATOR SAUNDERS: And unfortunately, those events
occur where there's a conflict. Again, Mario Diaz Balart
representing the bulk of the people over in Miami. If he is confronted
with an and/or situation, if money goes to Miami or Immokalee,
obviously he's going to choose to send money to Miami. The vast
bulk of the district will be from Miami -- from Dade -- Miami/Dade
County. However, you're going to have, on the other side of the
equation, a congressman from this area who's going to be fighting for
Immokalee.
So I don't think you are simply going to have a flight of federal
dollars from Eastern Collier County to Western Dade County because
of these lines. I don't -- I do not believe for one second that that is
going to be the result. I believe you'll have good representation
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certainly from the congressman from the west coast, but I do believe
you'll have good representation from the other congressmen also.
And also, a lot of these federal dollars are distributed based on
population, based on certain objective criteria, and so there isn't a
whole lot of flexibility in a lot of these programs for saying, you
know, dollars ought to go to Miami instead of Collier County.
CHAIRMAN COLETTA: Any other questions for the senator?
Before we go on to the next point, I just want to check with the
stenographer. I estimate this is going to take another half hour,
possibly to 40 minutes before we can adjourn for lunch. Would you
like a break at this time? We're going to take a five-minute break.
(A brief recess was taken.)
MS. FILSON: Two speakers. Mr. Gil Erlichman. He will be
followed by Ty Agoston.
COMMISSIONER COYLE: It's the longest public petition
comments I've ever seen in my life.
CHAIRMAN COLETTA: Well, they're important subjects,
very important subjects.
MR. ERLICHMAN: I'm on deck, huh?
CHAIRMAN COLETTA: You're on deck.
COMMISSIONER HENN1NG: You're up at the bat.
MR. ERLICHMAN: Okay. My name's Gil Erlichman. I live in
East Naples, and a resident taxpayer 14 years in Collier County.
This whole redistricting subject -- I get lost when they start
talking about population numbers and so forth. All I know is what --
what I read in the paper. And recently a letter was written to the
letters to the editor and called us West Miami, referred to us as West
Miami. And I thought that was a fitting -- a fitting term.
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First of all, I'm in District 76, State District 76. State House
District 76. That's means Ars -- I think it's -- is it Phil Arzor or John
Arzor?
COMMISSIONER FIALA: Ralph.
MR. ERLICHMAN: Pardon?
COMMISSIONER FIALAA: Ralph Arza.
MR. ERLICHMAN: Ralph. Ralph Arza is my representative.
And he lives all the way 110 miles from me over in Miami
someplace. I think I've seen him in the area here about four or five
times in the past year. I don't have an occasion to see him, but that's
all I've seen him so far is about four or five times in the past year.
So right now I'm living in a district, District 76, which comes
from the east coast to the west coast. Now, if this redistricting that
they've done for the congressional seat goes into effect, I may be
totally over in -- on the east coast. In other words, whatever this
district -- 25. I think the new district will be 25. I'm not too sure.
But then I will surely be in West Miami.
COMMISSIONER HENNING: Gil, if I can interrupt you -- this
is Tom Henning up here speaking in front of you. Tom Henning. Hi.
MR. ERLICHMAN: Oh, excuse me. Go ahead.
COMMISSIONER HENNING: That's not true. It's going to
take out the community of Golden Gate, Golden Gate City, where I
live, that new district, but it jets back in where you live. You're going
to be in Porter Goss's district.
MR. ERLICHMAN: Oh, I'll still be in Porter Goss's district?
COMMISSIONER HENNING: Just for your information.
MR. ERLICHMAN: Oh, thank you. See, now I didn't know
that, because I looked at those maps in the paper, and the way they
have those lines drawn, I could not tell exactly where I would be.
And I assumed that I would be in this -- this new district.
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April 9, 2002
COMMISSIONER COYLE: Now, do you see how quickly this
commission can solve problems for you?
MR. ERLICHMAN: Will you take time out so I can change this
battery. This battery went dead in my hearing aid, unfortunately.
Just a minute, please.
COMMISSIONER HENNING: Commissioner Coletta, if we
can have some general discussion, if you don't mind, while we're
waiting for --
MR. ERLICHMAN: Okay. I'm all set.
CHAIRMAN COLETTA: He's all set.
MR. ERLICHMAN: I'm all set. Okay. Great. Now, I can hear
you. I couldn't hear you before. What did you say, Mr. Coyle?
COMMISSIONER COYLE: I said, see how quickly this
commission can solve serious problems like redistricting?
MR. ERLICHMAN: I have to thank Tom Henning for that.
COMMISSIONER COYLE: Tom Henning did it. That's right.
MR. ERLICHMAN: The whole thing is, I think it's totally
unfair because of the way the things have been done. I have been a
Republican -- I voted Republican since I was -- since 1943. My first
vote was an absentee ballot when I was in the service, and I voted
Republican. Now, figure out the number of years. 1943, here we are
down in the year 2000 -- 2002.
But anyhow, I think the -- what the Republicans did in the state -
- that is, the representatives and the senators in the State of Florida is
disgraceful. Why? Because Diaz-Balart wants to be-- (Brief interruption)
CHAIRMAN COLETTA: Hold on for a moment while we
correct this technical --
COMMISSIONER CARTER: That wasn't an emergency alert.
That was just a test.
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MR. ERLICHMAN: Thank you. Diaz Balart, and I don't know
whether it's his brother or his cousin, wants to have his relative to be
a representative in congress. They both would be a Republican. And
naturally, they have -- they have to create this new district, because I
think Florida's gotten two new seats. So in order to maintain the
control in congress -- that's federal congress -- the Republicans need
this extra seat.
So now they created -- (inaudible) a district that's 110 miles
long. And that's a perfect example of gerrymandering. Look it up in
the dictionary if you don't know what it is.
And to me -- I don't see why Collier County could not be
enjoined with Lee County and -- into the same type of district that we
have right now without losing any part of Collier County to the east
coast.
CHAIRMAN COLETTA: I'm going to have to ask you to wrap
it up, sir.
MR. ERLICHMAN: Thank you. I'm finished.
CHAIRMAN COLETTA: Thank you. Next speaker?
MS. FILSON: Your final speaker is Ty Agoston.
COMMISSIONER HENNING: I think he's left for the day.
CHAIRMAN COLETTA: I think he's left.
I'd like to ask John Norman if he would like to address any
issues today as a representative or the aid for Ralph Arza.
MR. NORMAN: For the record, my name is John Norman. I
live in Collier County, in Mr. -- Commissioner's Coletta's district.
There are a couple of things that blew by here just a couple of
minutes ago; one my Mr. Erlichman, who states that he's in District
76, which is Dudley Goodlette's district, if that is the case. House
district 102 is Representative Arza's district. However, that goes
away this year under redistricting, and we will have House District
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101, which will be filled in most likelihood by a representative from
Collier County. So we will gain a state representative as a -- my job
goes away. But the fact is, we will gain representation in the state.
I watched from Tallahassee, where I was for seven weeks, and I
watched the legislators and the senators working on this house -- on
this new congressional redistricting. And the finale of it was exactly
as Senator Saunders said here: There are so many people that can be
allowed in a congressional district.
And what was going to happen was, there was a question, are
you going to take some out of Collier; are you going to take some out
of Lee, wherever you're going to go with it. And there were -- I've
forgotten the exact number -- 59,000 or something -- too many
people in Collier and Lee to have this particular congressional
district.
And these people really worked hard up there to come out with
the best redistricting they could come up with. Is it perfect? No. Is
anything we do perfect? No. But I think you'll find we had excellent
representation from the representatives we have up there, especially
Representative Goodlette, who was very instrumental in bringing this
thing to fruition. Senator Saunders did a super job up there.
You sit down here and you don't really realize what these people
do up there, but if you could go and watch them and see the dealings
that has to go on to bring these things to fruition, you would be very,
very impressed.
And I think in the finale, we got the best South Florida
redistricting that we can come up with, and I don't think -- I don't
personally feel, as a taxpayer for about 40 years in Collier County,
that I would like to see Collier County invest large sums of money in
a lawsuit that I -- I've been told is a loser.
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And the whole thing comes back to is, have you got a better
plan? Where were you when the plan was put on the table and the
governor signed it? The point is, many of these people didn't have a
better plan that was -- that was doable. Maybe there was a better plan
in theory, but you couldn't get it past the courts. And you must also
remember that Collier is one of the districts in the state that has to
have everything they do approved by the federal courts. So whatever
we do or whatever Collier does, it really almost doesn't matter
because it's going to have to meet the standards of the courts before
it's over with.
CHAIRMAN COLETTA: Any questions on behalf of the
commission? John?
COMMISSIONER CARTER: Mr. Chairman, I don't have a
question yet. Are you going to have Mr. Hart -- is he going to speak
to us?
CHAIRMAN COLETTA: No. Mr. Hart thinks it's been
covered adequately.
COMMISSIONER CARTER: I have a question that I would
like to present to our legal counsel and see if I'm correct. Isn't there a
federal review process where we can establish a (inaudible) versus
going to a lawsuit? Otherwise, we can register a protest through that
system versus spending dollars, taxpayers' dollars, on a lawsuit.
MR. WEIGEL: You're absolutely correct, Commissioner
Carter. As John indicated, Collier County, as most of us are aware, is
what we call a covered state. It is required under the Civil Rights Act,
one of several counties remaining in Florida, that every special
election-- and clearly, this redistricting is something that is
automatically under review with the US Department of Justice, and
it's going to occur whether we involve ourselves as a county officially
or not. That is their role, to review and see if in fact the redistricting
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meets the federal standards. And those federal standards are similar,
if not identical, to the kinds of standards that we talk about typically
with local elections and redistricting at the local county level and the
state and federal level.
And those -- those typical items of review are -- they look for
compactness of the districts, contiguity. They look to communities of
interest based upon the demographics of the population that exist
within a proposed district. The Department of Justice will provide
this function whether we involve ourselves or not.
A suggestion that I would make, regardless of any other
direction from this board concerning litigation in the federal court
system, would be that in fact that this board authorize its chairman
and/or the county attorney to provide a letter of concern, raising
issues that we believe may exist concerning compact contiguity.
Some of the issues that -- that Mr. Carr and Mr. Mohlke
mentioned, which have already been specified in lawsuits that are
already filed -- I will say the county attorney office -- in reviewing
one lawsuit filed in the Southern District Court in Miami, we saw that
-- we didn't necessarily agree based on the information we had with
all of the items of review in the federal court lawsuit.
Some of those items of review may not be substantive or
recognized at the federal level, but I think that there certainly is
information from the lawsuits that are filed which we may -- believe
can be corroborated enough at this early stage, that could be elements
of the letter of concern that could be filed with the Department of
Justice on behalf of Collier County.
If I may, Commissioner Carter, I'll comment a little further in
regard to litigation also, and the rest of the commission.
Mr. Saunders indicated that the cost of litigation could be
$200,000 or higher. We've already talked with our outside counsel in
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Tallahassee. They had suggested costs of litigation of not under
75,000.
Now, one thing I must note for you as the client and the
taxpayers as part of the client process, and that is that if we -- the
county were to go in as a, quote, intervenor in another lawsuit, that
makes us no less a party plaintiff than the other party plaintiffs to the
lawsuit with all the responsibilities that come with being a party in a
federal lawsuit of significant contentious qualities. And that would
mean that we would need to either corroborate information that is
being provided by other co-plaintiffs or independently through the
use of expert witnesses, consultants, et cetera, be able to either
differentiate our position from other parties that are presenting their
opinions and arguments, or in fact be able to state that we disagree
with another argument of the other plaintiffs.
I don't advise the board in this lawsuit or any lawsuit to always
say we're a parrot, and me too to what may be filed by other parties
who ostensively have the same ultimate interests but the means of
getting there have significant responsibilities as officers of the court.
And we want to make sure that on before of the Board of County
Commissioners that what is stated is absolutely going to hold up
under the Rules of Evidence, things of that nature.
So if we are in a lawsuit, whether we were to intervene in one
already filed or if we were to initiate a lawsuit on behalf of Collier
County in this redistricting issue in federal court, it will be a
significant process. As Mike Carr indicated, we would tend to think
that this would be a quicker process than the typical federal court
lawsuit, based upon the fact that this type of matter usually gets an
expedited calendar. There isn't a lot of time, though, available to file
this lawsuit. It's days from when Governor Bush approved the
redistricting, which I believe is about March 26th or 27th.
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MR. CARR: 27th.
MR. WEIGEL: So we're about two weeks -- almost two weeks
into that right now, which leaves approximately two weeks, 17 days,
to file the lawsuit in the first place. And you may call it a
disadvantage, depending on point of view, but we don't have
necessarily all of the background information that we would use from
experts to corroborate the issues that we would file upon in the first
place. That is, we would be filing early because we have to with a
rather tight time frame, and then we'd -- and we'd make our
allegations of impropriety, of illegality. We would be probably
indicating procedural illegality as well as substantive illegality of this
process and what has -- what has occurred. But we wouldn't
necessarily have the facts, the absolute facts that we can go and
testify under oath that we know are the truth or not.
We do have some topical information about a very quick process
at the very end in the legislature, and we know -- I learned through
the newspaper and through the assistance of Mr. Carr and Mr.
Mohlke that purportedly public hearings were promised and 24 were
held.
Whether that ultimately means that the ultimate product is
illegal or not is probably just one factor in the review process by
whatever jurisdiction is reviewing this at the federal US Department
of Justice or in the federal court level.
So if you authorize the county attorney to go forward with the
lawsuit, one thing I think we'll see is, I'll probably be coming to you
for a budget amendment in the process so that we can be sure that,
once in there, we are substantive and authoritative and do the -- you
know, in there in a reliable way and that-- we will certainly continue
on behalf of the client, meaning the Board of County Commissioners
and the county generally, to do the effort that's necessary to -- if
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necessary, distinguish us from other parties that may be also coparty
plaintiffs in the lawsuit, because we may have very similar desires
and results but we may not have similar desires in how to get there.
One last thing I'll mention is, in regard to redistricting, the board
may see and others may have what we call a local desire for
redistricting. And I'll just mention that the local desire for
redistricting doesn't mean that that's the only redistricting that may be
legally upholdable -- pardon the word. The -- the local -- there may
be several variations of redistricting that pass muster. Some barely,
but they pass, some very easily and they pass; yet, they're still
distinguishable from what we would prefer to have had in the best of
all worlds.
CHAIRMAN COLETTA: Mr. Weigel--
MR. WEIGEL: Yes.
CHAIRMAN COLETTA: I, for one, do not want to enter into a
lawsuit that's going to take us down that long road of just wasting the
taxpayers' money. However, I do believe that we need to have you at
the table when this topic is discussed so that we can maintain the
representative seat that we got coming, which is about as perfect as
we could get on that, our new senate seat in the state, and to make
sure that there isn't any slippage on the congressional seat to the point
where we lose out. That's the part that concerns me, because
everyone's going to be coming to the table with their own agendas,
and we do have to be present there, I think, to protect our own
interest.
MR. WEIGEL: Yes. Well, clearly again, this board may wish
to direct that the county attorney, with this commission and probably
through the chairman, have direct communication with the
Department of Justice of the concerns.
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And in regard to federal litigation, again, as -- I cannot tell you
that we -- as a party intervenor on a lawsuit that already will be filed -
- I can't tell you that we can become an intervenor after the two-week
-- what's remaining of a two-week initial filing period, because it may
be that the court or through some objection of an opposing party may
say, look, if you didn't file and get in under the statute of limitations,
which is 30 days, you can't just come in at your own leisure later on
in the process.
CHAIRMAN COLETTA: Let me see if I understand you
correctly on that. In order for us to intervene, we have to be very
specific in what we're looking for; is that correct?
MR. WEIGEL: Yeah. We're not just kind of riding shotgun.
We could be -- we have to have a status relationship with the court.
And we're either as a full party with all the obligations and
responsibilities of a party, which means also making sure that if we're
going to rely on representations of another plaintiff that we have to
either be able to say we agree with what they are saying in filing and
the statistics and data that they have or not.
And to some degree, that may require experts to be able to
corroborate other party plaintiffs' testimony or develop our own in
that regard. And that's where I think-- we would have some expense
in any event as a party plaintiff, or even if we're attempting to kind of
ride along with the others. That's not to say that there are not some
economies of scale that may be obtained with multiple plaintiffs,
different parties as plaintiffs, in the lawsuit. I think there is some
economy of scale, some reduction in total costs that would come.
CHAIRMAN COLETTA: In simplest terms possible so that --
MR. WEIGEL: I'm sorry.
CHAIRMAN COLETTA: -- we can get a grip on this, we had
suggestions from both Senator Saunders and from Mike Carr that we
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not intervene so much in a lawsuit but we're there at the table. What
exactly was that terminology referring to?
MR. WEIGEL: Well, I think, in getting to the table, I'd say you
have to have standing, which means, to be in the lawsuit, I think you
have to either be in the lawsuit to be in court or the court table is not
one we'll be at.
Now, I think we can very easily be at the US Department of
Justice table. And no different than other submissions that we have
to them for preclearance. We provide them a whole raft of material,
including minority contacts and local party contacts where Misters
Mohlke and Carr, their predecessors have been those for years, as
well as opening and offering ourselves for any kind of dialogue that
the US Department of Justice wishes to have. And they sometimes
do have questions, and we respond pretty aptly, I think, as far as that
particular forum goes.
CHAIRMAN COLETTA: On that particular avenue, that would
satisfy the fact that we would be present so we could monitor the
situation on a daily basis, but it wouldn't put us in the adversarial
position of being in a specific lawsuit trying to identify certain things
that would be very difficult to identify at this time?
MR. WEIGEL: You've stated that absolutely correctly.
CHAIRMAN COLETTA: Okay. Any other questions on the
part of the commission?
Commissioner Henning?
COMMISSIONER HENNING: Comments. I know that
anybody that recommends me, whether it was a county
commissioner, Dudley Goodlette or Porter Goss, if I had a concern
on a certain topic that I'm not going to sit back and allow this -- this
person to do something without my input first. And I think that's true
with a lot of people here in Collier County, that they do have a voice.
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I would rather see more of Collier County in this congressional
seat stay on the west coast than the east coast. I don't want to spend
tons of money on -- taxpayers' money fighting this issue, but if one of
the local parties wishes to intervene in this, I encourage everybody to
chip in, and I will pull money out of my pocket to make that happen,
to fund-- fund the effort of staying a west coast community.
CHAIRMAN COLETTA: Commissioner Fiala first.
COMMISSIONER FIALA: Yes. When you mentioned local
parties at the Republican Executive Committee meeting last week, or
this week, Mike, did you offer legal services to this issue?
MR. CARR: What I'm doing now is pro bono, and I'm going to
continue to spend time on a pro bono basis to help with this thing.
And I've already met with the county attorney's office, and I'll do so
again.
Nobody is requesting a blank check of taxpayers' dollars from
the commission. I think what we're asking for is simply that the
commission, and quite correctly so, have its own voice in court,
which means there has to be a piece of paper, a lawsuit filed on
behalf of this commission setting exactly the grounds that are of
concern. That can be done with the county attorney's office. I'll be
glad to spend as much time as I can to be of any help possible to help
get this suit together. I've already told the county attorney that I
would defer the county on exactly what goes into any lawsuit, how
it's phrased and how it's put together. This is an issue for all the
citizens. You're the elected representatives of all the citizens of
Collier County, and I would want a conversation on what words go
into a lawsuit be yours, but that doesn't mean we need to hire outside
counsel. And I think the county attorney's quite correct to be
concerned about intervening in somebody else's lawsuit. You take
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the baggage that goes with it. And I guarantee they'll say some things
you don't agree with.
The only way to get this exactly right and say what we want to
have said is to file our own pleadings, get it in front of the court. We
can do this without spending an arm and a leg. You have a gifted,
competent staff at the county attorney's office. I'll be glad to work
with them. There's a short time frame. Judges will listen to what is
said. They're going to make their own decision. This is not a long,
drawn-out multi-year litigation. This can be done in a matter of a few
months, a very few months, and we can be heard relative
inexpensively.
There's obviously some work, and there are expenses involved.
This is something that is for all the citizens here, and I think we can
do this at a reasonable cost.
CHAIRMAN COLETTA: Commissioner Coyle?
COMMISSIONER COYLE: Can we solve this problem by
establishing a budget for this legal effort? Do you feel -- MR. CARR: I would think.
CHAIRMAN COLETTA: Do you feel firm enough with your
estimate? If we are to decide to parcel it up some way and establish a
budget for that, that we would get it done?
MR. CARR: I would think that's reasonable. Lee County can set
a dollar amount of $50,000 and get it done within that time frame, a
dollar amount. I think -- you're the stewards of taxpayers' dollars. I
think it's quite appropriate to set a dollar amount and say, "Get it
done."
COMMISSIONER COYLE: Are you going to be the lead
attorney on this issue?
MR. CARR: I will represent the -- the local republican party
passed a resolution. My name will be on the dotted line, yes. But if
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we're spending the taxpayers' dollars, you guys are on the line too,
and I don't want to arrogate myself in the position of spending the
taxpayers' dollars. That's something that you as our elected leaders
have to do.
COMMISSIONER COYLE: This cost, is it your assumption
that the entire cost will be borne by the county, or are there other
sources of funds for this?
MR. CARR: The local party's authorized filing fees and other
incidental expenses to come out of the party coffers. We don't have
the kind of bankroll that the taxpayers as a whole have, and I can
donate my own time because I own my own time, but there are going
to be more expenses that we can pay out of our back pocket.
And again, I think this can be done fairly reasonably, but I think
there is a need to spend some taxpayers' money on this. I really do. I
don't see any way out of it.
COMMISSIONER CARTER: You know, I keep hearing the
words "reasonable" and "some," but I'd like to know -- dollars and
filing fees are one thing. And I'm still back to my original question:
Can I accomplish the same goal presenting my concerns in the
federal review process where it doesn't cost taxpayers of Collier
County anything out of pocket?
MR. CARR: That doesn't get you in front of the federal Court.
That does get you in front of the -- you can answer that.
MR. WEIGEL: The Department of Justice will be approving or
not approving the redistricting. If they don't approve it, then it would
appear to -- although, I think there's always going to be a federal
string attached ultimately, but it would kick it down in the process.
In the state court level, they would have to reckon with what the
federal government says in regard to Collier County.
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Now, the federal government is not -- the US Department of
Justice is not involved with all the counties, but they are clearly
involved and shall be for the indeterminate future with Collier
County. And so, Commissioner-- all of you Commissioners, the fact
is, is the Department of Justice, I think, is a linchpin. It's got to be
reckoned with one way or the other, and we are -- if nothing else, you
may say on a pipeline with them, to the extent that we utilize it, to
raise legitimate concerns that we have.
And, you know, I -- the county attorney office has outside
counsel under retention agreements, and I will probably still have to
use -- even with the justice department, may still use, to some small
degree, outside counsel, which is part of my regular budget. But I
can -- also have to tell you that if we get into the 50 or 75,000 dollars
as a party plaintiff, and that's far less than Senator Saunders
suggested might be the case in that kind of litigation, I'll have to
come back to you for a budget amendment for that, you know, before
we get to October. And we'll get there clearly very fast. I would
have -- I would always appreciate the assistance of another attorney
in regard to this, but my litigation counsel right now are in the throws
of significant trial preparation for a Lely guardhouse matter, ten-story
building matters, significant multimillion-dollar matters, and I can't
offer them up to assist me in regard to litigation.
And I could put on a litigation hat. I'm probably not the best
litigator you have at this stage of the proceedings, and that's why I
would probably be using some outside counsel. That's what they
specialize in to do it quickly, precisely and they know Tallahassee.
COMMISSIONER CARTER: I'm going to get back to the
Department of Justice again. And ultimately at the end of the day, no
matter what court process it goes through, they're going to make the
final decision.
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MR. WEIGEL: Regardless of whether we provide input or not,
I would suggest that we -- I would suggest that we take advantage of
the fact and officially that the board gives them direction so that I,
working with the chairman or somehow through the board, would
provide input to them to let them know that we're cognizant,
dissatisfied.
What do we want? They can't necessarily give what we want,
but we can help bring to their attention improprieties that we think
are legitimate. CHAIRMAN COLETTA: I think that we're
belaboring the situation. It should be pretty well clear-cut. I do have
some concerns about us taking partnership up with a local party or
two local parties and -- our government money and mingling it with
theirs. I have concerns there that may come back to bite us.
I think the best avenue, and I'm going to make a motion that we
can amend it or we can direct it one way or the other, that supports a
multi-prong attack on this particular situation. In other words, that
the republican party and the democratic party together use their
resources to come from one direction; that we use our county
attorney to be able to represent us, not so much in a legal lawsuit
where we're going to get involved spending hundreds of thousands of
dollars, but to make sure we're represented and have all the facts
coming to us and readily as they happen, to make sure that our
districts remain intact and that we can try to better our position as
much as possible.
We've heard already from Senator Saunders that to spend this
money would probably be of little avail when we got all done as far
as the amount of-- the amount that we'd be able to better ourselves as
far as representation on the congressional seat.
My problem -- I'm having a problem with the fact that if we rock
the boat too hard, we may lose the work that was done for the
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representative seat and the senate seat. And I'd like to make a motion
that we support the idea of a multi-front, but we limit our efforts to
our own county attorney representing us and the -- what was that
called there? The --
MR. WEIGEL: The Department of Justice?
CHAIRMAN COLETTA: -- the Department of Justice to be
able to monitor the situation from that point.
COMMISSIONER CARTER: If I understand your motion
correctly, Mr. Chairman, you'd make available our county attorney's
resources as feasible to the parties and--
CHAIRMAN COLETTA: No. I didn't say that.
COMMISSIONER CARTER: Well then, I'm not clear on that
part.
CHAIRMAN COLETTA: No, no, no. I was supporting the
parties' effort, the democratic party and the republican party, to
encourage them to go forward to collect private funds, like
Commission Henning suggested, and to pursue it from a different
angle. I'm suggesting that the county attorney and the -- as a
representative of the commission --
COMMISSIONER CARTER: Through the Department of
Justice.
CHAIRMAN COLETTA: -- through the Department of Justice.
COMMISSIONER CARTER: Okay. Thank you.
CHAIRMAN COLETTA: And if there isn't a second for that --
COMMISSIONER CARTER: I'll second it for discussion.
CHAIRMAN COLETTA: Okay. Any discussion?
COMMISSIONER CARTER: Mr. Coyle's going to say
something. He's digesting it.
CHAIRMAN COLETTA: Commissioner Henning?
Commissioner Coyle?
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COMMISSIONER COYLE: You know, I-- I wouldn't have
any problem if we could establish a budget for this effort and at least
file as an intervenor. I have a real problem, however, writing a blank
check for this thing and just seeing it go on and on and on. If there
were -- was general agreement that we could establish a reasonable
budget, nothing near the $250,000 -- I'm thinking more of to 50 or
something like that, that -- that -- we can't do it?
MR. CARR: I think we can do that. I mean, again, you've got a
county attorney staff. It's a matter of pulling stuff together, and I
don't see why we can't do that. Lee County set a $50,000, you know,
budget, you know, for their efforts. I don't know why we can't do the
same thing here; have our own independent action and go forward. It
doesn't have to cost an arm and a leg.
COMMISSIONER HENNING: Mr. Carr, our attorney advised
us, because of the work they are doing now, they are limited on their
resources and to be -- have a remote chance of being successful that
we would have to get outside counsel.
MR. CARR: I think he did indicate they'd have some help from
outside counsel. How much -- you guys control how much is done
inhouse and how much is done outside; is that correct?
MR. WEIGEL: Well, that's correct. The county attorney office
always retains control over the outside counsel that we have. But in
this particular case, as Mr. Henning indicates, quite frankly, to move
fast and adroitly, I think that if we're going to do it, we need to go in
very quickly with our expert counsel. They've been around the horn
and they know about this kind of stuff. And I think that it's not money
ill-spent, but it is money that would have to be spent. And if you
want to -- if you should decide to provide a, quote, budget on this, I
don't know that we'll achieve it in the budget constraints that we
have. I just can't tell you that right now. At first blush, our outside
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way.
counsel suggested 75,000 for this kind of lawsuit. And that figure
was significantly less than what Commissioner -- pardon me --
Senator Saunders said. I don't know what the true figure is myself
right now, but I'm working on those two figures from two people that
are in different parts of the arena, but they are in an arena.
COMMISSIONER COYLE: Would the expenditure on the
outside counsel for preparing as an intervenor in this case be useful in
filing our complaint with the Department of Justice? In other words,
are we killing two birds with one stone here, at least partially?
MR. WEIGEL: I think we're throwing two stones at one bird.
COMMISSIONER COYLE: Okay. You kill them faster that
MR. WEIGEL: Well, you might hit them with one at least.
COMMISSIONER COYLE: But is the background information
MR. WEIGEL: I don't think that the lawsuit necessarily helps
the Department of Justice. I think the underlying issues are the same
or largely the same. The Department of Justice may not be quite as,
let's say, receptive to new themes and topics. They have standards of
review that they look at. And based on the complaint that I've seen
that was filed in the Southern District by another party, in terms of
digital divide and some other kind of new terms and concepts, I don't
think that's part of what the justice department will look at. That's
not to say that you don't throw those things their way to consider, and
it may help them with some of the other basic elements that they look
at, looking to avoid improper demographic changes, compact this and
those other issues that I mentioned earlier.
So they both -- they both, I think, could be important avenues.
Senator Saunders indicates that he thinks the avenue of-- and the
representative from Mr. Arza says that the litigation avenue may not
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have a guarantee of success, and I couldn't guarantee you success in
either avenue if we pursue, but I can guarantee that we certainly
already have an avenue with the Department of Justice without
spending anything more than the staff time that we do on your behalf
anyway.
CHAIRMAN COLETTA: Commissioner Carter?
COMMISSIONER CARTER: It's my understanding the
Department of Justice, within a framework, regardless of what comes
in front of them in regards to this redistricting, congressional
redistricting, is going to use the same criteria to evaluate what they're
going to do on outcomes.
MR. WEIGEL: Yes.
COMMISSIONER CARTER: Okay. So if we submit to them
and if a separate lawsuit ends up in their hands, they're going to use
the same criteria of which to make an ultimate decision.
MR. WEIGEL' Arguably, yes. I can't say for sure because, you
know, courts and judges --
COMMISSIONER CARTER: I know, but --
MR. WEIGEL. -- may have a little flexibility.
COMMISSIONER CARTER: I'm looking for a framework. Do
I spend tax dollars, or do I go through using outside counsel to build
a case to take to the justice department to accomplish the same goal?
That's what I struggle with as a commissioner, and that's what I need
to make a decision on.
MR. WEIGEL. I'm not talking about using outside counsel to
go to the justice department. We might want to use them a little bit to
assist us to make sure our fundamentals are correct, just as -- to look
over our shoulder. But I believe that the use of outside counsel will
be far more significant and important in the very tight time frame, the
two weeks or 15, 16 days we have, to file a -- a lawsuit that meets all
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our requirements in federal court. I think we have far greater need
for outside counsel on that particular endeavor.
MR. CARR: If I can add, I think it's totally accurate what he
said, that they're separate. The federal review process for Collier
County, one of the five counties in the state that gets a federal review,
is separate from the court review, which takes -- looks at any
complaints that are heard, and the one doesn't control the other.
They're a separate process.
You're absolutely correct. If the federal review says this is
absolutely inadequate, it's totally illegal, then the whole thing gets
thrown out because they've got to get -- Collier's got to be clear. The
only way to actually have our voice heard is to have our own separate
filing in front of the federal court. That's the only way I know to get
exactly the concerns for Collier County. And that can be done --
again, I don't see why we can't make it a budget item -- and it
shouldn't cost an arm and leg to get it in front of the court. We're not
trying to re-invent the wheel here.
CHAIRMAN COLETTA: Commissioner-- Mr. Weigel?
MR. WEIGEL: No, never a commissioner. I -- I think it needs
to be very clear here for all of us that what Mike is saying is, that I
believe -- and he'll clarify for us -- the authorization and discussion
he's had with the Republican Executive Committee apparently was
not for them to file a separate lawsuit as a separate party but for him,
on behalf of that group, to offer services to the county in the county's
lawsuit. Is that correct, Mike?
MR. CARR: No. We can actually do a separate lawsuit, but the
only money that the party's agreed so far is to pay filing fees and
stuff, which means somewhere we got to find the resources pretty
instantly to do all the rest, which is not an easy sales job.
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So it would be a lot more comfortable to work with the county
commission under their leadership to see exactly what the county
wants is in the -- is in the paperwork in a timely manner. You've got
a lot more resources than the local public authority, a lot more. And
this can be budgeted.
COMMISSIONER CARTER: If we can't sell it to the people to
fund it, then that's interesting. Do the people care?
MR. CARR: Oh, I think they care. It's a matter of collecting --
doing what needs to be done promptly. And I think your counsel is
quite correct. They pointed out that there is a very limited time frame
to do this. Things have to be done, like, yesterday.
CHAIRMAN COLETTA: Once again, I'd like to remind you of
the recommendations from Senator Saunders and John Norman, his
administrative aide, but do not follow that same direction. We're
spending taxpayers' dollars with very limited chance of success. We
have the ability to be able to intercede at the justice department for a
lot less cost, and I suggest we do set a budget for that.
My motion's still on the floor. I don't think you withdrew your
second at this point in time.
COMMISSIONER CARTER: No, sir.
CHAIRMAN COLETTA: I'm more than willing to incorporate
a budget within the frameworks of what we've got going. I think
that's a very realistic request.
What would you suggest for dollars?
MR. WEIGEL: Thirty.
CHAIRMAN COLETTA: Okay. H1 incorporate $30,000 in my
motion if you would consider it in your second.
COMMISSIONER CARTER: I'll consider it in my -- yeah. H1
put it in with my second. But, again, you are not looking to file a
separate lawsuit.
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CHAIRMAN COLETTA: No, I'm not.
COMMISSIONER CARTER: Okay. I understand that. I just
want to make sure I understand that.
CHAIRMAN COLETTA: Is there any other discussion on this?
(No response)
CHAIRMAN COLETTA: Then I'm going to call the question.
All those in favor, indicate by saying "aye." (Unanimous response)
CHAIRMAN COLETTA: Opposed? The ayes have it five to
zero. Thank you very much, Mr. Carr.
Item #13A
CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN
FINANCIAL REPORTING FOR THE FISCAL YEAR ENDED
SEPTEMBER 30, 2000, - ACCEPTED
CHAIRMAN COLETTA: We are going to move to another
item on the agenda to accommodate a gentleman that has to get a
plane. Under Item No. 13, other constitutional officers.
Is A and B one item, or are they two separate items?
MR. OLLIFF: You can hear them together. They're very much
connected.
CHAIRMAN COLETTA: Then we'll consider them together.
MR. MITCHELL: Commissioners, good afternoon. For the
record, my name is Jim Mitchell. I'm the director of the finance and
accounting department for the Clerk of the Circuit Court, and we
certainly appreciate you going ahead and taking this item.
Our purpose in coming here today is twofold: To present to you
the Fiscal Year 2001 Comprehensive Annual Financial Report and a
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related award; and secondly, to provide you an overview of the data
contained within that report.
The Clerk of the Circuit Court, in his role as the ex-officio clerk
to the board, is responsible for the coordination of the annual
independent audit, along with the production of the Comprehensive
Annual Financial Report, which is commonly referred to as the
CAFR. In that capacity, we participate in an award program
sponsored by the Government Finance Officers Association. This
award is known as a certificate of achievement for excellence in
financial reporting and is presented to government units whose
CAFRs meet a strict criteria and are considered to achieve the highest
standards in government accounting and financial reporting.
The GFOA, along with the Clerk of the Circuit Court and the
County Manager's Office, believe that governments have a special
responsibility to provide to the public a fair presentation of their
financial affairs.
Collier County's CAFRs go beyond the requirements of
generally accepted accounting principles to providing the many users
of these documents with a wide variety of information used in
evaluating the financial condition of the county.
Collier County has received this award for 14 consecutive years,
and it is with great pride that we present to you today the 15th
consecutive award for the CAFR that was prepared for the fiscal
cycle into September 30th of 2000.
Mr. Chairman, before I present this award to you, I'd like to
formally recognize that it's not just the financing and accounting
department that is responsible for this award, but each and every
employee that works for Collier County. Without the dedication of
your employees, awards of this nature would not be possible.
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On behalf of the Clerk of the Circuit Court and the county
manager, we'd like to formally present you this award.
CHAIRMAN COLETTA. Thank you.
Item #13B
COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR)
FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2001 -
PRESENTED
MR. MITCHELL: In our role as the chief financial officer for
Collier County, we'd also like to present to you the Comprehensive
Annual Financial Report for the fiscal year ending September 30th of
2001. This report presents a -- represents a significant effort by the
clerk's office, the county manager's office and each of the
constitutional officers. We've had the pleasure of working with
KPMG for the last four fiscal cycles, and I'd like to thank them for
another job well done.
Before I turn the podium over to Chip Jones, who is the
managing partner, I'd like to ask Dwight Brock to make a few
comments.
CHAIRMAN COLETTA: Please. Dwight Brock, you're the
icon of county clerks, I will tell you that.
MR. BROCK: My name's Dwight Brock, for fear of getting hit
by the court reporter. I'm the clerk of the circuit court.
A statement that was just made by the finance director for our
office with regard to KPMG, ifI could take us back in time a little
bit, about four years ago when we had Arthur Anderson -- about four
years ago, this county had hired Arthur Anderson as its external
auditor. And as a consequence of some activities that had taken place
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here in this county in which the clerk of the circuit court had actually
sued the prior auditors, which were Coopers and Lybrandt and a
series of security firms. Arthur Anderson was selected by you to be
the primary negotiation partner for entry into the next contract with
this county. It was the county manager's staff and the clerk's office
that engaged in that negotiation, and we were basically -- and the
county attorney's office. We were basically told that they only
wanted to contract with us if in fact we would agree to basically
eliminate any liability exposure that they may have for not doing
their job. And your county attorney's office, the clerk staff and your
county administrator said that was unacceptable. And as a
consequence, we then hired -- negotiated with and hired KPMG to do
the job for the external auditors for this county. Over the years, we
have dealt with KPMG, and specifically with Chip, in dealing with
the external audit on an annual basis.
You know, I'm going to say this with him sitting in here. You
know, from my perspective, as the clerk of the 25 circuit court, my
staff are the people who prepare the annual financial statements, and
I, just like you, rely upon the external auditors to provide us with
information about how we're performing, which means that they must
do a thorough and complete audit.
One of the things I have noticed in dealing with the KPMG in its
auditing capacity for this county is that they do a very good job of
ensuring that we are following generally accepted accounting
principles, that we are complying with the law, that we're complying
with the yellowbook requirements, and I feel very comfortable, as I
think you should, with the audit report that is provided by KPMG that
indicates that we have in fact complied with generally accepted
auditing -- generally accepted accounting principles. I'd like to offer
to KPMG and the managing partner my appreciation and hope we
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continue in the endeavors that we have undertaken, and I will turn
him over to you with that. Thanks, Chip.
MR. JONES: Thank you. Thank you very much, and thank
you, Mr. Chairman, for accommodating my schedule. I have to pick
up my daughter at 4:19, so I appreciate this.
I wanted to just kind of go over some highlights of the audit.
And what I'd like to do is flip back to page 19. I'll go through these
pages fairly quickly. I know you're all hungry and all that.
But on page 19, I list all the different opinions that we have to
issue on the financial statements. And as you can see, there's a
number of different opinions that are required not only for opining on
the actual financial statements but also on all your federal grants,
state grants, certain special types of programs that you have, as well
as we do audits of each of the constitutional officers.
And, again, we've been dealing with the county for four years,
and you've got a very solid finance department, not only in the clerk's
office and the board but also in each of the constitutional officers,
and they're very cooperative and conscientious in dealing with us in
the audits.
If you'll flip to page 1 -- or page 2, rather, this chart is designed
to give you an idea of how the fund balance of the county -- the
trends that have been taking place over the last five years. And I've
broken it down to two components because there's two very distinct
components. One is your total fund balance. And I actually have the
number down on the bottom. You can see at the end of 2001, it was
$27 million.
But then I subtract out the reserve for advances to other funds of
which was 8.6 million, of which 8.2 million dealt with the airport.
Essentially, government accounting principles does not allow to call
these -- to reflect something as unreserved fund balance if it is -- has
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been advanced to another fund. In other words, loaned, because
essentially the money is not available until it's repaid.
So we're dealing with a fund balance that's available to the
county for general purposes of 18.4 million at the end of the year. It's
the first time we've had a significant drop. There was a number of
reasons. The two primary reasons were in the areas of public safety
and in the general government. And public safety-- and when we get
back, I'll try to show you that last year between 1999 and 2000 there
was a very small increase -- was in actual expenses, which was really
unusual. And that was because they had a number of positions that
were vacant and they were operating in shorter staff. This year, those
positions were filled, and as a result you'll see the public safety costs
went up considerably.
And then in general government, there was a lot of effort spent
on maybe catchup type things, including some of the things with the
property appraiser, which, for instance, the Geographic Information
System, which costs around $2 million, which is going to be a great
system, something you need to manage the county and the growth but
that you had to incur those costs. So as a result, the fund balance
went down this year.
As a percentage of expenditures, it was 11.9 percent, the
available fund balance. And we look at that and try to see if you have
an adequate fund balance. You need a fund balance for several
factors: One is because you're a growing county. You have to have
the resources to handle that growth. A lot of it's handled through
impact fees and special taxes, but you also need that flexibility in
general government.
Second is that you don't get a big source of your revenue, being
the ad valorem taxes, until the end of November, so you have to have
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a fund balance to carry you through those two months where cash
flows are a lot lower than they normally would be.
And then a third reason in addition to, again, flexibility, is
emergencies. If we had a major hurricane hit here, you have to be
able to react and take care of the citizens. And when you have a large
fund balance or a solid fund balance, you have that ability.
The GFOA, which is the Government Finance Officers
Association, recommends a fund balance of 5 to 15 percent for
counties your size, so you are right in line with that.
You have another -- a number of other fund balances which I'd
reflected on page 3. And again, these are very substantial fund
balances. These are actually larger than most of my comparable
counties. But you've got special revenue funds which are taxes
particularly or grants that are earmarked for specific purposes.
And then the other major one over on the right is the Capital
Projects Funds, and that's where you, again, have special taxes or
impact fees that are used for construction projects. And I will show
you later how you have invested a lot in capital outlay this year.
Even at the end of the year, with all the capital outlay that
you've done, is to have a very strong fund balance there.
Your governmental revenues are reflected on page 4. Again, it
shows trends. And your largest increases have been in taxes, and
that's not because you've been raising taxes; it's because the assessed
property evaluations have been going up. This year, you had almost
a 13 percent increase in your taxes. And most of that was ad valorem
taxes.
Your intergovernmental revenue, most of that is state revenue
sharing and grants. And then you can see over here on the far right,
special assessments and impact fees. A large increase this year.
Almost $10 million to $3 5 million, and almost all of that went to
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capital projects. Overall, you had about a 15 percent increase in
revenues for this year.
On page 5, you can see that taxes makes up 50 percent of the
revenue base that supports this county. Next year we're going to be
adopting new Gazby Statements, which will change the format of the
financial statements and take your activities and break them down
between business and governmental.
One of the things that we'll do as far as your income expenses,
it's going to show your various cost centers, and then it's going to
show direct offset revenues that come down what the net cost is as
supported by taxpayer dollars. It will be a useful tool, and that's
something Derek's working on, but something I wanted to alert you
to.
On page 6 you can see that, of your tax base, there's four main
components, but the largest is the ad valorem, which was 81 percent
this year.
Expenditures are on page 7. And, as you can see, and as I
mentioned, your largest increases were in the general government and
the public safety area. The other large increase was in capital outlay.
You can see between and 30 million -- last year we started going up
at million. This year, $77 million, almost all that -- the bulk of that
dealt with road construction. Significant activity in that area.
Overall, your expenses, excluding that capital outlay, which
again is funded by special revenue sources, increased about 16
percent this year versus the 15 percent increase in revenue.
On a pie chart, again, your largest component of your tax dollars
being spent is on public safety. This is consistent with any other
government you would look at. They generally seem to range
anywhere from 35 to percent, and it depends a lot on the number of
other municipalities that might be in the county, those types of things.
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April 9, 2002
As I mentioned to you, you do have a large special revenue
funds, and I've highlighted four of the largest. Community
development, which deals mostly with the unincorporated areas. And
you can see that the revenues went up from 23.7 million to 32.8
million. A big part of that was a collapsing of certain road districts
into the unincorporated area of community development. So if you
look down at the road districts, you can see that the revenues drop
from 7 million to 3.7. Overall, they went up. Again, a lot due to the
increased growth activity that we have here.
You've got very healthy fund balances. In fact, your tourist
development of fund balance is almost equal to two years at your
revenue. So again, you've got the flexibility on how you use those
monies. Granted, they're earmarked for specific purposes, but you've
got a good resource there.
And then you can see your major capital projects funds dealt
with road construction, road impact districts and park impact
districts. Again, the revenue has gone up, particularly in the road
impact district, which went up almost $5 million this year, and our
fund balance is still healthy, even though we were spending quite a
bit on road construction. So you still have the resources to continue
to do those -- the construction you're doing. And, again, a lot of that
is funded by the impact fees that are collected.
On page 11, this just gives you an idea of the general
government debt of-- this is the first time, but you had an increase
this year, and that was mostly for some commercial paper that was
floated. About 6.6 million was going to be for the new library, and
then about $5 million that was going to a new building for the sheriff.
The water and sewer fund debt, again, your debt, I think, is low
in relation to other counties. You can see that those amounts have
been declining, with the exception of notes payable. That increased
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April 9, 2002
from 24 million to 39 million, and that is strictly related to
borrowings against the state resolving loan fund, which is at a very
low favorable rate, but you're using it to make improvements to the
waste water treatment plants.
The next two pages give you some highlights of your enterprise
funds. I'll just cover the county water and sewer, but you can see that
the net income out of the fund this year was about the same as last
year, a little bit lower. Your revenues were actually flat, even though
you had increased costs. And the reason they were flat is because of
the water restrictions that we had. Consequently, the amount of water
that could be pumped and consumed by the citizens actually dropped.
What's probably more important on the water and sewer fund is
what happens with cash flows, because you generate net income out
of the operation of the water and sewer that are designed to pay for
capital additions to your plant as well as to service the debt that was
borrowed in the past. And again, that's a favorable trend, too. You
can see that each year your cash and investments has been going up.
Some of that increase is due to borrowings that the monies have
not been spent yet, and they will be spent next year.
On -- page 15 gives a summary for solid waste disposal. And
again, it reflected a profit this year of about 2 million. It's been in a
break-even status.
Page 16 is the Airport Authority. The Airport Authority lost
about a million dollars this year. This is where you've been loaning
me a lot of money. They've needed to borrow cash to continue to
subsidize their activities. And at the end of the year, we had $8.2
million in borrowings from the general fund at the airport.
You also transferred in actually a budgeted transfer of $250,000
to support the airport operations this year. And then the -- page 17
just gives you a breakdown of the EMS. Again, you support this out
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April 9, 2OO2
of your general fund. Some governments have special taxes that have
been voted in to pay for these types of services. It's almost, in a
sense, a social service because you cannot cover this with revenues
charged to the people, and you get limited on some of the
reimbursements you get from Medicaid and Medicare.
And then page 18, the last page, basically gives you a
breakdown of your cash and investments at the end of the year. Your
total investment return -- I know there was some discussions on that,
but this year that was $31 million. But accounting standards for
governments require that you mark all of your bonds, which is what
you hold, to market value at the end of the year. And when we were
in a declining interest rates and you had some long-term bonds with
some very strong interest rates, what we did is, we had a pickup of
about $9 million that ends up being in this $31 million.
So it can be misleading because your tendency is to hold these
bonds to maturity to get the higher rate of returns. But I wanted to
point that out to you.
Again, you have a very fine staff to work with. I'd be happy to
respond to any questions.
COMMISSIONER CARTER: Do we need a motion, Mr.
Chairman?
CHAIRMAN COLETTA: Well, we had some questions, but we
can go with the motion first and then come back for the questions, if
you like.
Go ahead, Commissioner Carter.
COMMISSIONER CARTER: Well, I'll just move for -- my
motion would be to accept the annual audit report.
COMMISSIONER HENNING: Second.
Page 122
April 9, 2002
CHAIRMAN COLETTA: We have a motion by Commissioner
Carter and a second by Commissioner Henning. Discussion?
Commissioner Coyle?
COMMISSIONER COYLE: Yeah. I have a question. That's
with respect to the recommendations and prior-year comments that
apparently we were not following up on delinquent miscellaneous
receivables, and apparently we did not do it again this year. Is there a
problem? And what are those -- those miscellaneous receivables
we're talking about?
MR. JONES: Most of them, I believe, are in the general fund,
aren't they? Jim, you can --
MR. MITCHELL: It's my understanding there's basically two
types of receivables that we're referring to here. Some of them are
miscellaneous receivables that will reside in the general fund, and
some of them are actually receivables out in the utilities area.
We have been working with the county manager's office to
come up with a plan to start working those receivables more
efficiently. The -- working those things is not the responsibility of
the finance department. We're not the collection agency for those
particular things, but we see our job as coordinating with Tom's
office to make that happen, and that's exactly what we're doing right
now.
MR. BROCK: Commissioners, this is Dwight Brock again. We
have actually had some communication. As you probably are aware,
a few years ago we implemented a collection program in the clerk's
office to collect unpaid fines that had been not being paid over the
years. And today we're collecting somewhere in the neighborhood of
about 80 percent of those; whereas, before, we were only collecting
about 14.
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April 9, 2002
And we have had communications with some of the county
administrators staff people about us getting involved in the
miscellaneous. Now, not the utilities, but the miscellaneous
collections, and doing what we can to help them with those particular
collections programs, and we're working on that as we speak.
We're also dealing with -- and this is a side issue from the
existing receivables, but we're also working with your people in
terms of trying to collect some of the fines that have been imposed
with the Code Enforcement Board and trying to see if there's
something we can do there to try to help you. So we're working in
conjunction with one another to try to tighten things up.
COMMISSIONER COYLE: Does this deal also with traffic
fines violations?
MR. BROCK: No.
COMMISSIONER COYLE: It does not?
MR. BROCK: No.
COMMISSIONER COYLE: We had the same problem, Skip,
in the city when -- if you recall. MR. JONES: Yes.
CHAIRMAN COLETTA: But it does not include traffic-fine
collections?
MR. OLLIFF: It does not. Mostly the miscellaneous revenues
and collections are really oddity-type items. When someone runs, for
instance, over one of your street signs and we end up having to send
them a bill to pay for reinstalling a street sign or something of that
peculiar nature, chasing down those bills is something we need to do
a better job of. And I believe the clerk's office offered some
opportunity for us to be able to do that in conjunction with some of
the collection practices he already has in place.
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April 9, 2002
COMMISSIONER COYLE: How much total revenue
potentially are we looking at here? Is this a relatively small amount?
MR. MITCHELL. In relationship to the financial statements,
yeah, it's relative small-- small dollars we're talking.
One comment I wanted to make, you heard a lot about the new
financial system that we're putting in, the SAP system. One of the
things that that's going to give us is the ability to have a centralized
miscellaneous billing system where we'll be able to see everything
that's out there. You'll be able to see it. Tom will be able to see it.
More effectively work the collection on those miscellaneous
receivables. So that's one of the big improvements that we're going
to see with the SAP system.
COMMISSIONER COYLE: Thanks.
CHAIRMAN COLETTA: Any other discussion?
(No response).
CHAIRMAN COLETTA: Okay. We'll call the question. All
those in favor, indicate by saying "aye." (Unanimous response)
CHAIRMAN COLETTA: Opposed?
(No response)
CHAIRMAN COLETTA: The ayes have it five to zero.
Thank you very much. Thank you for a wonderful job.
COMMISSIONER FIALA: Good work.
Item #8A
ORDIANCE 2002-17 REGARDING THE COLLIER COUNTY
WATER IRRIGATION ORDINANCE RESTRICTING THE
HOURS OF IRRIGATION IN UNINCORPORATED COLLIER
COUNTY- ADOPTED
Page 125
April 9, 2002
CHAIRMAN COLETTA: Okay. The next item is going back
to the regular agenda, and that would be the -- 8-A, approval of the
Collier County Water Irrigation Ordinance.
COMMISSIONER CARTER: Mr. Chairman, while Mr.
Mattausch is coming up, do the commissioners have any questions on
that ordinance?
COMMISSIONER HENNING: Yes. I do. It talks in here
about this doesn't deter anybody from washing their car; is that
correct?
MR. MATTAUSCH: It does limit the hours that cars can be
washed. It doesn't say that they can't wash their cars.
COMMISSIONER HENNING: What are the hours that they
can wash their cars?
MR. MATTAUSCH: No. I apologize. It does not limit hours.
COMMISSIONER HENNING: Okay. What is the difference
between low pressure, which I would imagine coming out of a garden
hose -- and I think that's the only type of watering that you can do; is
that correct?
MR. MATTAUSCH: No. Irrigation systems are allowed. I
want to make sure I understand your question.
COMMISSIONER HENNING: Well, can you use a pressure
cleaner for cleaning your driveway, cleaning your boats, so on and so
forth?
MR. MATTAUSCH: Right. Right. Those -- there is an
industry standard for low-volume high-pressure cleaning systems,
and those are allowable.
COMMISSIONER HENNING: Okay. And that -- is there any
restriction on that hour of operation?
MR. MATTAUSCH: On the hours, no. No, sir.
Page 126
April 9, 2002
COMMISSIONER HENNING: Okay.
CHAIRMAN COLETTA: Other questions?
COMMISSIONER HENNING. This is only in the area--
service area of Collier County. It oesn t include City of Naples,
d '
Marco, Golden Gate City, Golden Gate Estates, so on and so forth.
MR. MATTAUSCH: It extends beyond the water service area
of Collier County. It extends to the entire county except for those
areas of the county that are under separate consumptive use permits
from South Florida Water Management District, including the City of
Naples, Marco Island, Everglades City, Immokalee and Golden Gate.
COMMISSIONER HENNING: And that's for potable water
and it has nothing to do with reused water?
MR. MATTAUSCH: It is for water resources, including some
resources other than potable water but -- but does not cover reclaimed
water, yes. Correct.
CHAIRMAN COLETTA: Commissioner Carter?
COMMISSIONER CARTER: Page 4, under those exemptions,
at what point could we apply the same criteria do reuse water? If
we're exempting all at this point, there may be reasons for that, but I
don't believe that people on reuse systems have a right to waste water
or to overwater. Because I live in a community, if they can water
seven days a week, some of them will do it.
MR. MATTAUSCH: Yeah. I apologize. For the record, Paul
Mattausch, Collier County Water Department director. Reuse water,
we haven't covered in this ordinance. Certainly, we would hope that
people would use all water resources wisely, i~cluding reuse water,
and certainly not overwater. But there are -- there are a couple
reasons why we didn't include reuse water. One is to get away from
some of the permitting processes of getting rid of waste water plant
effluent some other way. And it makes much more sense to put it
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April 9, 2002
back into the environment and use it for irrigation and partially
recharge some surficial aquifers with that water.
MR. MUDD: Paul, let me interject here for a minute. Jim
Mudd, deputy county manager. Commissioner, right now, we don't
have a storage capability for reclaimed water. So if you limit the
hours people keep flushing and keep using it all during the day, if you
don't have a way to store it where you're using it at nighttime, then
you have an issue, and that gets back into the ASR issue that we've
been talking back now for almost five years in this county, and that
will -- and that will continue, and we won't be able to get reclaimed
water in there until we get a viable storage way to hold that water so
that we can -- we can mandate what hours of the day that they can
use it.
COMMISSIONER CARTER: So what you're telling me, once
we get the other systems in place, we could go there. We just don't
have the capability at this point. I would just encourage everyone
that is on a reuse system, if you would follow the same criteria, your
yards will be healthy; your plants will be green, and you won't be a
water hog.
CHAIRMAN COLETTA: I'm a little bit confused myself. I
understood that we could not produce enough reused water to satisfy
the demands out there and that we're putting in special wells to
supply that demand with basically a type of surface water. If we put
them on a rationing-type thing where they were using it more
efficiently, wouldn't that serve the purpose better and we wouldn't
have to use other wells? I'm a little bit confused on that issue.
MR. MUDD: It's a cyclic, sir -- Jim Mudd again. It's a cyclic
process. Right now when the high season is going down -- during
that period of time when we had high season, we had enough water
for the customers that we have out there under the reclaim water
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April 9, 2002
system. We have enough water out of the reclaim water system when
it starts raining in the middle of June. So from about 15 April
through about the 1st of June, we have a dwindling population, and
we still have that demand that was there before. So we drop below
what we're able to supply from the sewer plants that we have, and
that gets back into a storage opportunity. You'd like to store the stuff
during -- during the places where you have an abundance of it so that
when you run into the shortage pieces of time, you'd like to bring it
back into play so that you balance the supply and demand over the
cyclic processes between high tourist season, rainy season and dry
season.
CHAIRMAN COLETTA: I'm not going to drag this out
forever, but I do think we're missing an opportunity not to look at
this. I know that Fiddler's Creek, for one, was looking for reused
water. We told them we could not supply them with it. Now we're
saying we have no reason to try to conserve it and want to use it as
soon as possible.
What happens to the reused water during the summer? What do
we do with it then?
MR. MUDD: Right now the reuse water in the summer goes
down a deep injection well never to be used again.
CHAIRMAN COLETTA: I think this is the point I'm getting to,
and I think this is what Commissioner Carter was trying to say also,
is that we still have a valued source that we're not fully utilizing, and
we need -- if not now, I'm not going to try to drag it in and put it as
part of this ordinance, but we need to keep this in our minds at all
time in working forward, that reused water is basically a very
valuable resource. We got the price of it up there. We just have to
make sure that we can maximize the effect of it.
Page 129
April 9, 2002
MR. MUDD: Yes, sir. And the staff has looked at that process
because -- we've even asked if customers want to get on the reclaim
water system during the wet season when we have an abundance of
it. They don't want to come on it unless they can get it during the dry
season too. So they're fighting that issue.
The real issue right now is a storage issue. If we can store it,
you can get into conservation. You can increase the number of
customers. We've got almost 7 billion gallons' worth of demand from
a waiting list for reclaimed customers.
I just -- we, the county, have to be able to provide a source that
is consistent and there at all times during the year, and right now we
can't do that.
MR. OLLIFF: Why don't we at least commit to you that we will
go back and look and see if there's not an opportunity during the dry
season to put some restrictions on effluent use do allow additional
customers to come on, and we'll bring you back a report that indicates
what we can do in that regard, because I think you've got a good
point.
COMMISSIONER FIALA: That makes a lot of sense.
CHAIRMAN COLETTA: Commissioner Carter?
COMMISSIONER CARTER: The other question that I would
raise on the sensors that we're putting on roofs, new construction,
taking the existing homes and retrofit. Would that also include all
residences, regardless of whether or not reuse or whether you're on
potable? Personally, I'm a guy that says everybody ought to have one
on their roof.
MR. MATTAUSCH: Yeah. The way the ordinance is written,
it says, "all water irrigation systems."
COMMISSIONER CARTER: Thank you, sir.
Page 13 0
April 9, 2002
CHAIRMAN COLETTA: Question? On the -- on that
apparatus, to be able to sensor -- the sensor we're talking about, what
does one of those cost?
MR. MATTAUSCH: Relatively low cost. I think they can be
installed for in the neighborhood of 50 to 70 dollars, which is what
we've heard from a lot of the local distributors.
CHAIRMAN COLETTA: Let me go back with the question
one more time. What does the sensor itself cost?
MR. MATTAUSCH: I believe 40 to 50 dollars.
CHAIRMAN COLETTA: Now, at what point in time are they
going to have to have this sensor? I know there's a lot of people out
in Golden Gate that have irrigation that don't have the sensors. At
what point in time will they be required to have this sensor in place?
MR. MATTAUSCH: The ordinance says one year from the
effective date of the ordinance.
CHAIRMAN COLETTA: Okay. And we're going to do an
intensive advertising campaign to make sure that this is possible?
MR. MATTAUSCH: Yes, sir.
CHAIRMAN COLETTA: Is there any kind of funds, either
through a grant or through some other funds we may have, where we
could offset the cost of these sensors to help get compliance?
COMMISSIONER CARTER: Well, it would save money on
your water bill.
COMMISSIONER COYLE' Yeah. They actually will recover
the cost in their water bill if they install this thing because --
COMMISSIONER CARTER: You come to the water festival,
we'll have them on display, so --
MR. MATTAUSCH: Yeah. And that is exactly the case. They
will save money. It's a very small upfront investment, and it's
returned fairly quickly into savings.
Page 131
April 9, 2002
CHAIRMAN COLETTA: Thank you very much.
COMMISSIONER FIALA: Do we have water sensors on the
irrigation for the landscaped medians?
MR. OLLIFF: Yes, ma'am. And then, believe me -- I hear
immediately when one of those sensors is not working right.
COMMISSIONER FIALA: They're on all of them, right9
MR. OLLIFF: Yes, ma'am. '
CHAIRMAN COLETTA: Any other questions? Comments?
COMMISSIONER CARTER: I would move for approval of the
ordinance.
CHAIRMAN COLETTA: I think we already got that.
COMMISSIONER CARTER: Did we?
CHAIRMAN COLETTA:
response)
CHAIRMAN COLETTA:
(No response)
CHAIRMAN COLETTA:
you very much.
Moving right on to the next item.
package. There we go.
Sorry.
All those in favor? (Unanimous
Opposed?
The ayes have it five to zero. Thank
Of course, I buried my agenda
Item #9A
RESOLUTION 2002-185 APPOINTING LEONARD CUTLER TO
THE CONTRACTORS LICENSING BOARD- ADOPTED
Moving on, it would be --
MR. OLLIFF: You're at 9-A, Mr. Chairman, the appointment of
member to the Contractors Licensing Board.
CHAIRMAN COLETTA: Correct.
Page 132
April 9, 2002
COMMISSIONER HENNING: I move that we accept Leonard
Cutler.
COMMISSIONER CARTER: Second.
CHAIRMAN COLETTA: Okay. We have a motion for Mr.
Cutler and a second from -- the motion's made by Commissioner
Henning. The second is by Commissioner Carter. Is there any
discussion?
(No response)
CHAIRMAN COLETTA:
"aye."
(Unanimous response)
CHAIRMAN COLETTA:
All those in favor, indicate by saying
The ayes have it five to zero.
Item #9B
RESOLUTION 2002-186 APPOINTING LT. MARK BAKER,
CHARLIE ESQUIVEL AND CARLA AYALA TO THE
IMMOKALEE ENTERPRISE ZONE DEVELOPMENT AGENCY
(EZDA_)- ADOPTED
Move on to the appointments of members to the Immokalee
Enterprises Zone. COMMISSIONER FIALA: I make a motion
that we accept all three applications.
CHAIRMAN COLETTA: I'm getting ahead of myself here.
Okay. You're right. I'll second that.
And do -- any discussion?
(No response)
CHAIRMAN COLETTA: All those in favor, indicate by saying
"aye."
(Unanimous response)
Page 133
April 9, 2002
CHAIRMAN COLETTA:
Item #9C
The ayes have it five to zero.
RESOLUTION 2002-187 APPOINTING FRANK FRY TO THE
COLLIER COUNTY PLANNING COMMISSION- ADOPTED
Next we move on to 9-C, appointment of member to the Collier
County -- members to the Collier County Planning Commission.
Singular, right?
COMMISSIONER CARTER: Right. And it comes from--
CHAIRMAN COLETTA: All up at the top.
COMMISSIONER CARTER: Right. It comes from District 2.
I was fortunate to have four candidates this time apply for this. I
went through a little different procedure this time. You know, really
going back and looking at what is required to be on the Planning
Council, what is the criteria; what is the background; what are we
looking for.
With that, I narrowed it to two candidates. And looking at it, the
third criteria -- well, there's two other criterias. One is, I wanted a
person completed divorced from what I consider actively involved
where there'd be any perception that this person's ruling in favor of
land-zoning things because they were involved in the industry at that
time. And the other was, I'm always looking for fresh blood, new
blood, somebody new to step up to the plate and say, I want to be a
part of a process.
And so in reviewing all the candidates, I'm recommending to the
commission Frank Fry, who has a lot of experience, both in the
housing industry and in the manufacturing industry. He's got a good
Page 134
April 9, 2002
mind, good background. He's retired, and he is more than willing to
do this. So he's my recommendation to the board.
COMMISSIONER HENNING: I'll second that motion.
CHAIRMAN COLETTA: Okay. Is there any discussion?
(No response)
CHAIRMAN COLETTA'
"aye."
(Unanimous response).
CHAIRMAN COLETTA:
All those in favor, indicate by saying
The ayes have it five to zero.
Item #9D
FY 01/02 ADVERTISING/MARKETING PLAN IN THE
AMOUNT OF $552,500 AS RECOMMENDED BY THE TOURIST
DEVELOPMENT COUNCIL - APPROVED
Next is the add-on there, 9-D. TDC advertising plan. Mr.
Wallace?
MR. WALLACE. Thank you, Mr. Chairman. For the record,
Bleu Wallace, director of Community Development Operations
Department. Last Friday, you -- Mr. Chairman, you called a special
meeting of the Tourist Development Council to consider the fiscal
year 01/02 advertising budget that is paid for by TDC funds. The
plan was delayed. It was delayed during the latter part of last year
because there was no contracts in place with the advertising vendor
that usually develops this plan. Of course, that advertising vendor
has been working on the emergency plan that was approved by the
board in October last year, and I think you've seen those clips.
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April 9, 2002
They have come forward with an advertising plan of some
$6,000. The TDC did trim some of that at staff's recommendation,
and they're presenting the plan.
The budget doesn't change because we're still operating from the
same budget that was approved effective 10/1. So staff would
recommend that the Board approve this advertising plan as
recommended by the Tourist Development Council.
COMMISSIONER CARTER: Move for approval?
MS. FILSON: Mr. Chairman, I have one speaker.
CHAIRMAN COLETTA: One speaker? Okay. We'll go
ahead. We got a motion for approval. We got a second from
Commissioner Fiala. Would you please bring the speaker up. MS. FILSON: The speaker is JoNell Modys.
MS. MOODY: Good afternoon. JoNell Modys with Kelly
Swofford Roy; otherwise known as KSR, the advertising public
relations agency of record for Collier County marketing tourism.
On behalf of KSR and the many businesses supporting the
Collier visitor industry, than you very much for your concern and
your interest in placing this item on the agenda today. This plan does
help us manage the business of tourism and effectively promotes off-
season vacations so that area businesses can help people remain
employed and support the area economy, and we thank you very
much for your interest today.
CHAIRMAN COLETTA:
discussion?
(No response)
CHAIRMAN COLETTA:
aye.
(Unanimous response)
CHAIRMAN COLETTA:
Thank you. Now, any other
All those in favor, indicate by saying
Anyone opposed?
Page 136
April 9, 2002
(No response)
CHAIRMAN COLETTA:
The ayes have it five to zero.
Item #9E
COLLIER COUNTY EDUCATION FOUNDATION'S GOLDEN
APPLE TEACHER RECOGNITION REQUEST FROM
COMMISSIONER COLETTA TO ATTEND PROGRAM AS A
VALID PUBLIC PURPOSE- APPROVED FOR COMMISSIONER
COLETTA (ONE SEAT ONLY)
We're going to move on to the two items now, which is -I-1 and
! 6-I-2, which has been moved to follow 9-E and F. Commissioner Henning?
COMMISSIONER HENNING: Thank you, Commissioner
Coletta.
I think it's -- the Board of Commissioners are invited to many
different functions, and trying to find a public purpose of it. And I --
I think it's important that the Board has this discussion because my
opinion might not be similar to the rest of the Board's opinion, so I
will state my opinion that the school board function of the Golden
Apple recognition for the teachers is a great function, but I don't see
it having anything to do with the Board of Commissioners.
The other item is, the Country Jam is sponsored by the Board of
Commissioners, or I should say the county. This function, we can
attend. They are looking for volunteers. And in fact, my wife and I
are volunteering on Friday night. That function that we can attend
without paying for if we want to volunteer.
CHAIRMAN COLETTA: If I may comment. You're right,
Commissioner Henning, and I'm going to share with you a Code of
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April 9, 2002
Ethical Conduct that I've been living by since I came on the
commission, and eventually I'd like to see it adopted by this
commission.
And what you said is very true. I do believe that, you know, our
gift policy is something that should be very exact. In the case where
we determine a public purpose, that's not a gift. That's a particular
direction that we're going to represent the commission or the county
government. Of course, that is the say of this commission what is a
public purpose.
In the case of the school board function for the recognition of
the teacher of the year, they have two dignitaries that they're going to
have in place for this one function. One is Bonnie McKenzie from
the City of Naples who's the mayor, and the other one is the chair of
the Collier County Commission. Those are the only two that they're
going to have.
Am I extremely excited about going? It's one of those things I
consider a duty. These black-tie affairs are not my normal --
COMMISSIONER HENNING: And they're not willing to pay
for it?
CHAIRMAN COLETTA: Are they willing to pay for it?
COMMISSIONER HENNING: Yeah.
CHAIRMAN COLETTA: I wouldn't accept it if they were.
COMMISSIONER CARTER: Can't. We have a zero-gifts
ordinance that prohibits us under our ethics ordinance to do that.
When that was passed, it took this to a line-item situation for every
activity a county commissioner attends. If we'd had stayed with 25 to
dollars, many of these items that commissioners have to come
through and take taxpayers' dollars to pay for would have been paid
for by the respective organizations.
Page 13 8
April 9, 2002
CHAIRMAN COLETTA: Right. But the problem is, is where
you draw the line of an organization that's self-serving and it's for the
community itself. And that's the reason why, whenever I go to any
function, I pay for my own meal. Even the 4-H luncheon we went to
last week, you'll find in my records a check written out for-- I think
it was $15 to cover the cost of the luncheon. I accept no tickets from
the county for these jam festivals. I go to them; I pay my way; then I
go to work.
If you determine that it's a county purpose for me to go there to
be able to work, I'll accept that, not as a gift but as a direction from
the commission, but I don't take gifts from anyone. And that's what
this particular ethics ordinance says. And I am not at this point in
time telling you that's the way everybody should live. This is my
own personal feeling. Every time I go to a Kuwanis event or
something, I always pay my own way. Everything I've been to, I've
written a check out for. It's just my own personal feelings on the
subject matter.
If the Collier County Commission, in its great wisdom, ever
wanted to come and come up with the funds where they'd say, you
know, this particular event, if they follow this particular criteria,
would come under a public purpose, and we will reimburse you
through your budget that you have for your travel, at that point in
time, I would willingly accept the money from my travel budget to go
to these functions. As it is now, I'm limited to those I can afford.
Recently, the Ritz Carlton had a grand opening of the new
facility. I had to leave before the luncheon because I knew a Ritz
Carlton luncheon, even though it was gratis, was going to be
probably in the neighborhood of $50, and that was out of my price
range. So rather than get in a long discussion, I just left, excused
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April 9, 2002
myself and-- made my presentation in the beginning and then just
left. That's my own personal direction on it.
But whatever the directive of this board is as far as this
particular event goes, the Golden Apple Award, I'll be happy to go
with it.
Commissioner Fiala?
COMMISSIONER FIALA: Yes. First of all, on this particular
one, you wouldn't be going otherwise. CHAIRMAN COLETTA: No.
COMMISSIONER FIALA: You're going because you are
representing the county, and Bonnie McKenzie is representing the
city. To me, that's a no-brainer. I think that -- I'm glad Tom brought
this up because this is something that's really important to all of us.
I've been going to all of these things, things I would never go to,
things I've never gone to in the past. And when, of course, they offer
the free dinner or they offer whatever, I never take it because I just --
just like you, I don't even want to give a hint of overstepping the
bounds. When they offer a breakfast for everybody, like for YMCA
and there is no charge, I give them a donation anyway just so that
somewhere -- if anybody ever wants to test that.
But we're spending thousands -- all of us are spending thousands
and thousands and thousands of our own dollars to stay in this office
to actually respond to what the community is asking us to do. Would
you be here; would you represent us there; would you judge this. And
-- and so we all go just -- just to be a good commissioner, really, and
to make sure that we stay in the public arena so that they can --
anybody can talk to us about any issues that they have. But it does
cost a lot of money.
So I would think on something like this, where this would be
something Jim would never go to but he's going specifically to
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represent the county, just as Bonnie McKenzie is to the city, I think
we should pay his way.
CHAIRMAN COLETTA: And by the way, I'll be going alone
because my wife's end of the whole thing would be a little bit too
expensive. Just to share that with you.
COMMISSIONER HENNING: Just a clarification. Does this
come out of our travel budget? I believe it does.
COMMISSIONER FIALA: Yes, sir.
COMMISSIONER COYLE: Just one thing that you need to
know about, and it probably should be a correction for the official
record. The request says that you're going to reserve two seats on
Friday. We really should change that to one seat.
CHAIRMAN COLETTA: Well, I already called up and talked
to them about it. They -- it's the same price for one or two seats, but
my wife isn't going to go. If she did, she would pay $92.
COMMISSIONER FIALA: Yeah. And that's another thing, I
have to go to many things just by myself that I wouldn't have
normally gone to because I can't afford more than $100, and so I just
go. And you'd really like to bring your wife.
And, you know, Tom, when you were mentioning volunteering,
I've even done -- well, as you well know, volunteered at many things,
and yet I still pay my way because I'm so afraid somebody would
think -- even though I've rolled up my sleeves and I'm picking up
whatever I have to do, I'm afraid somebody would cast a shadow of
doubt on that.
COMMISSIONER HENNING: Commissioners, we are invited
to a lot of different functions. Every day we get invitations. And it's
very difficult because we want to go, but that eats up our -- our yearly
expense, and I just see it happening in the near furore that we're going
to have to increase that. And I just--
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April 9, 2002
CHAIRMAN COLETTA: That's a good point.
COMMISSIONER HENNING: You know, if we're going to be
increasing it, aren't we setting the wrong example to the taxpayers as
trying to build the infrastructure here in Collier County is our number
one concern?
COMMISSIONER FIALA: You know, Tom, one of the things
that you mentioned before was, like, attending something and every
other citizen would be given the same right. I believe you -- you
didn't say that today, but --
Oh, no. It was you that said that. I think on the Jeff Leitel
Show, everybody should be -- you know, have the same right. If the
citizen was asked to -- to give a speech at a Kuwanis breakfast and
every other citizen always got their breakfast supplied -- you didn't
say that. I read into whatever you said -- then should we be allowed
that too? I mean, if every other citizen was allowed to give a speech
to a Kuwanis or a Rotory, would-- or do we still -- I always pay
because I'm afraid to -- not to, but what do you think as long as we're
on this subject?
CHAIRMAN COLETTA: I think we should pay for it.
COMMISSIONER CARTER: Excuse me. Look at the ethics
ordinance. It clearly spells out those issues, and Mr. Weigel can tell
you that. And I'm not going to quote it, but I'm going to let him
quote it.
MR. WEIGEL: Well, I'm not going to quote it either, but I will
tell you that it does provide for the equivalent of an honorarium
where you are speaking and you are receiving absolutely similar to
what any other speaker would receive there at a luncheon or a
breakfast or things of that nature. It's qualified, and it's specifically
addressed in there.
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April 9, 2002
It's when you come up with factual distinctions that I don't know
about or that Ramiro doesn't know about that you should bring those
to our attention. But there is a general provision in the ethics
ordinance that provides where there is a uniformity of meal or
something that's provided at functions that you attend in your official
capacity, and you actually have a performance obligation there in
your official capacity.
I hope that helps.
CHAIRMAN COLETTA: That's still accepting a gift, and that's
where I feel uncomfortable. I would have no problem with the public
purpose and identify it up front for a public purpose and it came out
of my travel budget. That I could live with, because it could vary
considerably. I mean, the function -- you're there. They might use it
as an excuse to -- for a lousy $15 meal to be able to get something in
front of you and obligate you in some way. It's just -- to me, it's a
comfort level that I have and where I go. I haven't had anyone that
gave me a problem about it. I write out the check. I give it to them
separate from the whole group. I don't make a big production out of
handing the check over, and I'm done with it and it's no more
problem. I'd love to be able to have it come out of my expense
budget.
MR. WEIGEL: I think you commissioners certainly recognize
what's legal and not, and also the perception issues that always seem
to accompany this area. And I appreciate that you bring matters like
this forward on the agenda so that if there are any issues or questions,
it's found to be a public purpose by the Board when you get down to
individual items like that.
Now, at some point in the future, if you wanted to, we could in
fact look to bringing back a policy that's consistent with the ethics
ordinance where there's a recognition of certain kinds of events and
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things of that nature, and we've always worked very closely with the
clerk's office on those kinds of matters because ultimately the clerk,
on behalf of the Board, is writing the check that needs to be paid for
some of these events that you go to.
So we can -- we can look at measures if you would give us any
direction at this point or at some point in the future, but bringing it
forward as you have with the agenda, one, of course, makes it a
discussion point, which is good, but also gets that public purpose
imprimatur on it which is also very important.
COMMISSIONER COYLE: I have an additional question or at
least a comment. I think this is a relatively easy decision to make. If
the person being invited actually participates in a program, makes a
presentation of some kind, I think it would be far easier to make a
determination of public purpose than if someone just attends and is in
the audience.
I think there is a distinction, and it is not clear. I know that there
is absolutely nothing wrong with this one, but the fact that they --
they are asking for a financial contribution in their letter of invitation
might raise some concerns of people who just look at this letter and
wonder if that $92 is partly used as a financial contribution to the
Education Foundation or whether it's really going to cover the cost of
a meal or an event. So I think those are important issues to
determine, and maybe our current law doesn't provide for evaluations
in that fashion, but I guess it's something we could consider. But I
really think, to be on the really safe side, if you were going to be
presenting something or making a speech, I think it would be an easy
call to make.
CHAIRMAN COLETTA: That would be your way of weighing
it one way or another. I've probably taken the extreme mode just
from some of the perception that's out there from past performances.
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April 9, 2002
Okay. What's the pleasure of the commission on these two
items?
COMMISSIONER CARTER: Are you taking them separately
or together?
CHAIRMAN COLETTA: However.
COMMISSIONER FIALA: Well, I'll make a motion on the first
one that we pay this $92 because it would not be something you'd
normally go to, and they have requested your presence.
CHAIRMAN COLETTA: Okay. We have a motion by
Commissioner Fiala. Do we have a second?
MR. WEIGEL: And that motion reflects that this is serving a
valid public purpose --
COMMISSIONER FIALA: Yes.
MR. WEIGEL: -- correct? Yes. That's the record.
COMMISSIONER CARTER: And everyone else attending the event
pays a like amount of money, is that correct, $92 per person?
CHAIRMAN COLETTA: I can only assume.
COMMISSIONER HENNING: No. What she's saying is, once
we find it a valid public purpose is, any of us can go.
MR. WEIGEL: Well, I don't go that far generally. I think that
the commissioners need to know the number of persons that are
going and be able to have that kind of dialogue in determining public
purpose so that you never have it, not by means of subterfuge but just
by means of agenda expediency. One person puts in for something
and then all five wish to go later. I would -- I would much rather that
there be a discussion that either individual commissioners put in their
individual requests and be prepared to provide reasoning if it goes
from the consent agenda, or that a general request go in that an event
-- that an attendance of event be found to be a public purpose for any
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April 9, 2002
or all commissioners, and that's another way of approaching it in a
single way.
COMMISSIONER CARTER: Well, I'm only going to support
this if it's for the chair to go. I have declined to go myself because I
did not feel it served a public purpose for me to expend taxpayer
dollars on this situation, but if I was a chair, I would have done that.
The chair often is put in a position where he or she needs to be there
to represent the Board of County Commissioners. And on that basis,
then I don't have difficulty approving those. But for everybody to go
to an event and say it's a public purpose, not for me.
COMMISSIONER FIALA: Well, that's exactly what I meant
by my motion. Does that mean that you'll second it?
COMMISSIONER CARTER: Well -- second it. There was a
question raised about whether that's what it meant, I thought. So if it
means that, I support it.
CHAIRMAN COLETTA: So we have -- we have a motion that
has been approved by Commissioner Fiala, but it has no second, but
it's approved by you.
COMMISSIONER COYLE: No. I think he was seconding it.
COMMISSIONER CARTER: I was seconding it if what it
states is that you, Commission Coletta, represent the Board of County
Commissioners at the Golden Apple Award for $92 or whatever it is.
COMMISSIONER FIALA: And that's the way I understood it,
too, Commissioner Carter.
CHAIRMAN COLETTA: We have a motion. We have a
second. Is there any other discussion?
(No response) CHAIRMAN COLETTA: All those in favor,
indicate by saying "aye."
CHAIRMAN COLETTA: Aye.
COMMISSIONER CARTER: Aye.
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April 9, 2002
COMMISSIONER COYLE: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COLETTA: Opposed?
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Okay. The descending vote is
Commissioner Henning. Thank you.
Now, the second one --
COMMISSIONER FIALA: And this comes out of your
transportation dollars anyway?
CHAIRMAN COLETTA: That's correct. And when that's
gone, it's gone.
COMMISSIONER COYLE: You can have mine.
CHAIRMAN COLETTA: Thank you very much. Next year
you go for the hurricane training, though.
Item #9F
COMMISSIONERS TO ATTEND 4TM ANNUAL COUNTRY JAM
TO REPRESENT COLLIER COUNTY AS A VALID PUBLIC
PURPOSE TO INTERACT WITH CONSTITUENTS AND
EMPLOYEES - DENIED
We have--
COMMISSIONER HENNING: Motion to disapprove the next
item.
COMMISSIONER COYLE: Second.
CHAIRMAN COLETTA: Okay. We have a motion to
disapprove the item for the Country--
COMMISSIONER HENNING: Country Jam.
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April 9, 2002
CHAIRMAN COLETTA: -- Country Jam, and that's been
seconded by Commissioner Coyle.
Is there any discussion?
(No response)
CHAIRMAN COLETTA: Okay. Hearing none, we'll call. All
those in favor, indicate by saying "aye."
(Unanimous response).
CHAIRMAN COLETTA: Opposed?
(No response)
CHAIRMAN COLETTA: The ayes have it five to zero.
MS. FILSON: Was that motion to deny?
COMMISSIONER HENNING: Yeah. We denied it in finding
it a public -- a valid public purpose.
COMMISSIONER CARTER: You're going to go, you pay.
COMMISSIONER FIALA: Now, after discussing this -- I
mean, there's no discussion on this and we're all in agreement. One
of the things I would like to bring up is that very often service
organizations or not-for-profits or whatever, these people that are
doing a lot for our community ask us to come to different functions,
receptions, breakfasts or whatever, not as a speaker but just as an
attendee, because I think they feel that they want the commission to
know what they're doing for the community. Being that we -- that we
ourselves restrict ourselves so much, and my budget -- I only have --
one-third of my salary goes to this, and after that I don't put any more
out. And so it becomes very cost-prohibitive.
Are there -- I think that at some point in time when we start
discussing these things, we ought to be discussing that too. Do we
want to be public servants? Do we want to go to these functions or do
we not? How much of a -- how much money should we set aside
from our own budgets to go? And will this deter other people from
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April 9, 2002
running for this office because it costs so much to be in this office?
Just food for thought.
COMMISSIONER COYLE: Let me offer an opinion. In the
current climate, you cannot afford to be a public servant. It's -- it's
that simple. If you try to be a public servant and try to -- to make
sure that you understand what all organizations are doing, all civic
associations are doing, you participate in their functions, you will
invariably be charged with a conflict of interest.
And that makes it very difficult to serve as a public servant, but
that's -- that's the current environment we live in, and I guess we have
to adapt to it.
COMMISSIONER FIALA: Well, I meant like Kuwanis and
Rotary.
COMMISSIONER COYLE: Well, even that, you know. You've
got developers who are part of those organizations, and people who
think at any time you associate with a developer, you are doing
something illegal or dishonest.
CHAIRMAN COLETTA: And that's the perception.
COMMISSIONER COYLE: And that's the perception. And it
makes it almost impossible for elected officials to function the way
we should be able to function. But it's -- perception is reality here,
and we have to deal with it.
COMMISSIONER FIALA: In those same organizations, if
there would be two developers and 23 retired people and ten of them
from the Taxpayer Action Group, and then they would say, you never
come to our meetings; you don't care what we have to say.
CHAIRMAN COLETTA: Oh, yoffll hear that anyways. You
still got conflicts in any given night.
COMMISSIONER CARTER: You know, Commissioner Coyle
and Commissioner Fiala, you're both on target with this. I would tell
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you, perception can be in the eyes of the beholder about anything.
You have to draw the line on what you're willing to do. Be careful
that some day that you don't restrict the people serving in public
office to those who are retired or wealthy or a combination of,
because that is not what this is all about.
But as long as there's a perception out there, you're going to
have to call your own shots. And if you live within the ordinance,
you get clearance from the county attorney, then I think that's each
and every person's call in what they need to do in this matter.
CHAIRMAN COLETTA: And with that, I don't think we need
to say any more.
Item # 10A
STAFF REPORT REGARDING IMPROVING RELIABILITY OF
COUNTY WATER SUPPLY AND PRODUCTION- APPROVED
We'll move on to the last agenda item, which is the county
manager's report, staff report to plan to improve reliability of county
water supply. And I'm sure we got this figured out right to the umpth
degree, right?
(Brief interruption)
MR. WIDES: For the record, Tom Wides, interim public
utilities administrator.
Commissioner, to address your question as to you assume we
have it all figured out at this point in time, if I may paraphrase. We
have had a series of plans in place already. We have new items that
we have brought, new initiatives that we have brought to the table
that we are evaluating right now. And when I revert back to those
questions of short-term plans and long-term plans -- we'll discuss
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questions of short-term plans and long-term plans -- we'll discuss
those briefly with you today. They are outlined in the agenda
package to some degree, but we will try to hit on some of those today
with you.
But just to take you back, on March 30th, we asked you to
convene in the executive session for an emergency meeting to in fact
help us ask the public to respond to our operational difficulties that
we were experiencing at that time during the prior weeks or so. And
in fact, as of Friday, this past Friday, this Friday, April 3rd -- excuse
me -- April 5th at 6 p.m., the water restrictions that were put in place
were lifted. Earlier today, we in fact enacted the ordinance to limit
watering, but what are we doing about it on the operation side?
First I'm going to ask our director of the water department, Paul
Mattausch, to give you a few updates on things that they're doing
operationally followed by a brief discussion from Roy Anderson, our
director of engineering, as to what our longer term plans are. Thank
you.
MR. MATTAUSCH: Again, Commissioners, for the record,
Paul Mattausch, director of the water department. I do want to say I
do appreciate the action that you took. It has gotten us to a point
where we've been able to recover some of our capacity. We've also
recovered the majority of our storage, and I do appreciate the fact that
you recognize that it was not a concurrency issue or growth related,
that it was mechanical in nature.
And, you know, when you have 32 million gallons a day of
water treatment plant capacity sitting there and you can only use
about 25 million gallons a day of that capacity, there were some
obvious things that were going wrong, and so we want to address
those with you.
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First of all, the -- the four replacement wells that we've been
talking about that you took action on in February, I do want to point
out to -- to the general public that, you know, the question was raised
even earlier today during the commission meeting about why aren't
we desalinating and why aren't we using alternative sources of water.
Since 1999, we have had a plant in operation, 8 million gallons a
day of water treatment capacity that does desalinate. We do use
reverse osmosis. We are using a deep source of brackish water,
"brackish" meaning salty. It's not as salty as seawater. It's not
seawater desalinization, but it is certainly desalinization. And using a
process called reverse osmosis, these four replacement wells are in
that particular aquifer. They were brackish in nature, and they do
require reverses osmosis to take -- take the salt out of those.
The planned time period to finish those four wells is December
2002, and we -- I might also say just one other thing about
desalinization and the use of seawater. It was talked about earlier
during this commission meeting about the plant in Tampa. I
understand that they are still working through permit issues on that
plant. It is very difficult right now to permit desalinization of
seawater for a number of reasons, but we are doing what I think is
best for Collier County in pursuing alternative water supplies.
The Lower Tamiami Reliability Improvement Wells -- there's
five wells in that. We are -- we are working through some zoning
issues with the LDC. I might add that the four replacement wells in
the Hawthorn and the five wells in the Tamiami have all received
South Florida Water Management District permits. They all have
been permitted for use for potable water by the Florida Department of
Environmental Protection, so we've gotten our permits there.
And to address another issue that's kind of been a side issue, all
of our existing wells are permitted both by South Florida Water
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April 9, 2002
Management District and FDEP. The timetable for that is, once
we've worked through the zoning issues, we expect that those five
wells can be online producing water for us in February of 2003.
The South Plan Expansion, 8 million gallons a day of capacity --
again, I'll go back to, this is utilizing brackish water. We will be
desalinating. We will be using reverse osmosis again for this plant,
and scheduled in April of 2003 to be completed and producing water.
Lower Hawthorn Remedial Action, there's a number of wells.
And depending on how you look at water quality, it's about five wells
out of the ten existing wells in the Hawthorn aquifer that the water
quality has gotten so bad that we really can't use those wells to
produce water.
We have been, as an ongoing project, looking at the remedial
actions that we may be able to take with those wells to get some kind
of production from them. One of the wells, we've already plugged
the bottom portion of the well. We did get some relief from the high
chlorides. It is producing water of a better quality. It's still just
marginal as far as the parameters of the design of the water treatment
plant itself.
The South Wellfield Expansion, this is really related to Phase II
of the South Plan Expansion that I just talked about, and these will be
additional wells for the -million-gallon-a-day future addition to that
plant. We're looking at having the study and exploratory wells in
place so that we can make some determination on siting of those
wells by February 2003. And in the master plan that you approved in
November of 2001, that plant addition should somewhere around the
year 2005, again, based on those projections and based on
reassessments of the water demands as we go along.
We have been-- the next one is really kind of in a current
ongoing process, and that's exploring surficial aquifer sources to use
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as an emergency supply. I would like to -- I think Carole had to
leave. Carole Senne was here from the South Florida Water
Management District. You met her. She has been of immense
assistance to us. We have net with -- with her staff and with Carole,
and she offered her staff to assist us through the permitting process
that it would take to look for some other alternative emergency
source of supply.
We also have ongoing talks with the Florida Department of
Environmental Protection, who would also need to permit that. In
fact, all three parties -- Collier County and South Florida and FDEP -
- all sat at the same table early last week and discussed these issues
on how we would address that.
The interconnect for the northeast plant, that would come as part
of the road project for Immokalee Road because that goes out that
direction, and the ability to interconnect the entire system so that it's
not stand-alone water systems but one big interconnected system, I
think makes a whole lot of sense as far as reliability is concerned,
because if I lose part of the system, I have another part of the system
that I can pump with. And I think we've seen that, and I think that's
been pointed out pretty clearly with the waste water system.
COMMISSIONER FIALA: The northeast plant, is that the
Orange Tree plant?
MR. MATTAUSCH: That's correct. That would be, yes, in the
Orange Tree vicinity.
So the -- in fact, I think that will be a 36-inch pipeline for
potable water so that we can move water back and forth out that
corridor.
And that -- that design, as far as that's concerned, we're looking
at September 2003. And in the master planning process, we're
looking at that plant in around 07.
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Acquire property for surface water ASR for irrigation water
supply, and I'm going to let Roy talk a little bit about this later, but
we're looking at that feasibility in September 2003.
These next three things are ongoing, and we're proceeding as
quickly as we can with preventive maintenance and spare parts
inventory.
By the way, my staff has been doing an excellent job on getting
processes back on line, getting things back up and running. We have
had a good preventive maintenance program in place. I think we can
make improvements, and that's what we are going to be looking at.
And also in the -- in the budget process that we're currently going
through right now for FY 02/03, we will be putting some of these
things in that budget and bringing them to you.
We're also looking at predictive life and replacement programs.
You know, when you go out and buy a car, you know it's going to
last about a certain number of years, depending on how many miles
you run it, and so we're looking at pieces of equipment, and we're
trying to make that prediction. You know, it's no guarantee. You can
buy a car with the best warranty and the best car today and it might
be broken down tomorrow or it might run for five years. And
actually, we had-- one of the motors that burned out fairly recently
was almost a new motor. So there's never any guarantees that it's
going to work, but, you know, when you need it 24 hours a day 365
days a year, there's some things that you need to do.
North plant instrumentation and software really works right into
that. There are some things at the north plant that need to be
addressed. One of them is the man-machine interface. That's
software that works between the human that sits at the computer
operationally and the water plant itself. And that really is so
outdated, it's very difficult to get people in just to make the little
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adjustments that we need to make. When we had a failure a week
ago in the skid with the membrane softening, we had to -- we couldn't
do that ourselves. That's a software issue that's pretty complicated.
They make software now that's pretty user-friendly, and we could
have made those changes ourselves without having to call a
contractor in to do that.
So that's -- that's my part of this. I'm going to hand this over to
Roy Anderson, and he's going to talk about some long-term things.
What I've talked about with you are some things that are pretty
focussed and pretty short-term.
MR. ANDERSON: Roy Anderson. I'll talk about some long-
term things, but it won't take long-term.
The -- many of the long-term improvements that we're talking
about have been identified already in the master plan. The first one
that we -- that we have here is -- let's see. Okay. -- plant
modifications for operational flexibility. That involves internal
piping changes that we want to make to both the north and the south
water plant that will provide maximum flexibility to allow us to go
between process, depending on the type of quality that we have to
work with.
Another item is additional ASR wells. This refers to the
manatee area in the south part of the system, and this will allow us to
build on a good thing. We have a good manatee ASR drinking water
system in place right now, and we want to expand upon that, so we'll
be going down that road. That was mentioned in the master plan.
We'd like to look at -- this is a new item. We'd like to look at
converting the Hawthorn wells that have failed because of excessive
brackish conditions to look at converting those into ASR systems.
So, in other words, instead of taking water out, we'll look at the
feasibility of actually putting water back in and creating an ASR. So
Page 156
April 9, 2002
that's kind of innovative change, and we'll be able to use -- if it's
successful, it'll be beneficial because we can capitalize on an existing
system that we have. Southeast plant property purchase that we
mentioned, that's done in the manatee area.
On the next slide here I show constructor reliability wells. We
are -- our goal is to get 20 percent of the treatment capacity as a
reserve. We are working closely, as Paul mentioned, with the
planning board and -- on the LDC changes. We have one in the
works right now for exempting the RO wells from the CU, the
Conditional Use Requirement, and that's going through the system
right now. And we would like to pursue also the Tallahassee and the
surficial wells to be exempted from that process, and in fact we have
a meeting scheduled with Development Services and our county
attorney to discuss that this afternoon.
We are going to undertake a study, a comprehensive study of
both our plants to look at what can be done for preventive and
predictive maintenance and to improve our spare parts and inventory
system to build on what Paul has already talked about.
As I mentioned, we are looking to expand the Manatee ASR
wellfield. We also want to pursue increasing the surface water ASR
feasibility too. We want -- we've talked about adding more surface
water ASRs along the Golden Gate Canal, and that will allow us to
improve our availability of the reclaimed water system, and that will
in turn help us on the potable side.
Seawater Desal. Paul mentioned that. We're looking at some of
the -- as a way of utilizing some of our wells that have failed because
of high salt content to perhaps continue using them by putting a Desal
skid, if you will, in the treatment plant so we can treat the brackish
water, or the excessively saline water.
I think that pretty well wraps it up.
Page 157
April 9, 2002
COMMISSIONER CARTER: Mr. Chairman, my only
comment to this would be, one, I compliment you on putting this
together. Number two, in all these areas -- we don't have any
numbers, but when you bring them back, I would like to know how
much of this can be paid for out of impact fees under a capital
expenditure process versus having to go to operating expenses which
come out of our general fund.
MR. OLLIFF: Keep in mind, this is an enterprise fund so that
any of the expenditures here will be paid for either by the ratepayer
of the utility itself and our impact fees when we're look at new
expansions. So there won't be any general fund costs associated with
any of these improvements. But we'll get you back both a schedule
and a budget for this.
CHAIRMAN COLETTA: Commissioner Coyle, did you want
to make a recommendation to approve the report?
COMMISSIONER COYLE: No, I don't. I have a couple of
questions. One, you've stated that we have submitted a purchase
order for the delivery of 108 new RO filters. I think we were earlier
told that these things don't have a very long shelf life and we cannot
stock them. Were we told incorrectly?
MR. MATTAUSCH: No. Those -- those will be put in place
immediately upon arrival. We expect those to be here either
tomorrow or early Thursday. That was because of the plugged filters,
membranes, that we experienced a week ago Thursday. It was
determined that those needed to be replaced, so we got the
manufacturer on that right away. They ran a series of those, and
they're shipping them to us. Ship date was today.
COMMISSIONER COYLE: Just to put in perspective, Paul,
how many total filters have you got in that plant? So -- I mean, 108 is
-- MR. MATTAUSCH: Approximately $1 1/2 million worth at--
Page 158
April 9, 2002
at $440 a piece. So hundreds and hundreds. Thousands. Yeah.
We're replacing 108, and what we're replacing is the first stage on the
skid in the RO process on one of the skids. That's 108 filters. They'll
be put in immediately. In fact, my staff is waiting for the truck to
appear at the loading dock.
COMMISSIONER COYLE: Okay. Now, I have a lot of
questions concerning the plan, but I can deal with that directly with
the staff or through you, Tom. But I would like to ask one thing, and
it relates to Commissioner Carter's concern with respect to schedule
and costs.
What I would really like to see is a listing of all of these items
that you're considering with the time line and cost and a cumulative
count of the total capacity we will have as each of these things comes
on line compared with what our forecast is of water usage. Okay?
But what I'm really getting at is, I'd like to understand when we are
going to get to an adequate reserve capacity to keep us from having
the problems we've had in the past, and if we don't get there quickly
enough, maybe we then can authorize some additional expenditures
or switch a schedule around or whatever. But it's not clear -- I'm sure
you guys know this, but it's not clear to me and certainly won't be
clear to the public about how these actions will increase capacity and
solve the difficulties we've got now and when will that occur. Okay.
So if you could produce that kind of a report, I think it would be very
helpful for all of us.
MR. WIDES: Commissioner, that is something we can do.
Tom Wides for the record.
Commissioner, that is something we can do and we would
expect to do as part of our process. We also have to evaluate which
of these are even reasonable. We feel most of them are. But in the
event they aren't, they would come off the table.
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April 9, 2002
MR. MUDD: Jim Mudd, for the record again. The master plan
that you received is a briefing. It basically brought the process and
showed you where the additional capability is concerned. Some of
the master plan issues are in -- in these three pages that you've got in
this executive summary as far as things that are going to be done.
I think a big part needs to be -- if you're adding reliability issues,
there needs to be a judgment call about cost and benefit, okay, and
when does that thing coming on board cost so much money to have it
on line for -- for a chance that it might fail, you know, one time in a
million days or something like that. Do you really need to expend
those kind of dollars in order to do that.
And we're going to need to bring that back to you and let you
see all of those things. Some -- some are relatively cheap and give
you a good benefit fairly quickly, and some things take a long time,
and yet they're so cost -- I call them -- some are cost prohibitive that
you don't want to get into, and we owe you those.
COMMISSIONER COYLE: But one final question: We talked
earlier about the problem with big water users using drinking water
for irrigation because we didn't have enough reuse water. Now,
we've talked before, Tom, and with the staff. Using sources like
perhaps the Mule Pin Lakes for the purpose of irrigation. And I -- I
didn't see that specifically on here, and certainly that's privately
owned property as far as I know, and we can't just go in there and use
it. Is that true?
MR. OLLIFF: That's true. But what we are looking at is
actually punching some wells in some county-owned right-of-way
property that happens to be very close to and adjacent.
COMMISSIONER COYLE: Okay. They're going to go down
and then horizontally over to the lake. Is that the way it works?
Page 160
April 9, 2002
MR. OLLIFF: I won't say that, but we'll certainly have access to
an aquifer that gets fed by that lake.
COMMISSIONER COYLE: We wouldn't have to treat that
water if it were used for irrigation purposes only. In other words, if
we made a hookup directly from that lake to the reuse water pipe,
some of those heavy users could use that and we wouldn't be using
treated drinking water for irrigation purposes.
MR. OLLIFF: Our plan right now, and we are in permitting and
in fact we expect to get permits fairly shortly, is to blend that raw
water into your effluent water supply, and it in effect does the same
thing: It just -- it adds volume to the effluent supply and reduces,
then, the demand on your potable supply.
COMMISSIONER COYLE: Just as long as you don't blend it
with the potable water going the other way no, sir.
MR. MUDD: That doesn't mean that when you draw that water
you might have to chlorinate it based on Florida Department of-- that
permit that you get, you might have to have a chlorine tank there,
depending on the testing, in order to chlorinate it to a certain extent
before you send it out there for -- for health reasons. So it's just not a
source that you might not have to do something to before you take it.
COMMISSIONER COYLE: It seems like a good, low-cost
perhaps quick way to solve at least some of the problems with --
MR. OLLIFF: Well, as quick as we started working on this a
season ago, so it's been a year to get to this point, but we're about in
position now to be able to put it in place.
COMMISSIONER COYLE: Okay. Good. Thanks.
COMMISSIONER FIALA: I just have one simple question. I
get many letters regularly from people asking about desalinization
and reverse osmosis, and I wonder if you could educate me and the
audience as to the difference between RO and will desalinization.
Page 161
April 9, 2002
MR. WIDES: Commissioner-- again, Tom Wides, for the
record. And I can take this from a nonengineering perspective.
That's not my background, so hopefully I can initiate the audience a
little bit.
Quite frankly, the reverse osmosis process is a way, a method to
desalinate, to take the salt out of the water. So -- and I guess I get
this question all the time. So quite frankly, when you think of
desalinization, the audience should think of reverse osmosis here in
Collier County. It's effectively one and the same. Reverse osmosis is
a method to take the salt out of the water in its simplest sense. And
all of our future planned capacity additions are in the reverse osmosis
environment or, again, desalinization environment.
COMMISSIONER FIALA: Thank you.
MR. WIDES: You're welcome.
COMMISSIONER CARTER: And it's a lot less expensive than
going to the Gulf of Mexico. It's a step process. This is brackish
water, lower salt content; therefore, it doesn't cost you as much to
produce. And for those that have said to me, well, why don't we go
right to the gulf, I said, if you want to spend five to six times more
per gallon for water, we could do it, but I don't think you want to go
there as long as we have a brackish water supply.
MR. WIDES: Commissioner, again, I think, in the simplest
form, if you have some salt to take out, that's going to cost you. If
you have a lot of salt to take out, it's going to cost you more.
CHAIRMAN COLETTA: Any other comments or questions?
COMMISSIONER COYLE: Motion to approve.
COMMISSIONER CARTER: Second.
CHAIRMAN COLETTA: We have a motion to approve by
Commissioner Coyle, second by Commissioner Carter.
Any other discussion?
Page 162
April 9, 2002
(No response)
CHAIRMAN COLETTA:
(Unanimous response)
CHAIRMAN COLETTA:
CHAIRMAN COLETTA:
All those in favor, indicate by saying
Opposed? (No response)
And the ayes have it five to zero.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
And I thank you very much for your indulgence. And we'll go
on now to Tom Olliff for closing comments or --
MR. OLLIFF: I have none, Mr. Chairman, other than just keep
your eyes open. I sent a memo to you, I believe, yesterday as a
matter of fact with a schedule of upcoming LDC growth management
plan amendment hearings. Your schedule's starting to get a little tight
because we're getting ready to load you up with some Land
Development Code workshops, old PUD reviews, Growth
Management Plan Amendment workshops, as well as some rural
lands issues that have been working their way towards you. So
between now and your summer break, to be honest, we're going to
wear you out. So just check your calendars and then look at that
schedule.
CHAIRMAN COLETTA: Mr. Weigel?
MR. WEIGEL: Yes. Thanks. I understand there's some Uncle
Sam charitable cans that are around the county here, and I would
appreciate it if the board members would briefly note that -- as I
would note, that the endeavor of this charitable can program is in fact
in the valid -- has a valid public purpose. It serves the community
Page 163
April 9, 2002
interests. If you would note that for the record, I think that would be
a nice thing to do. And if you have any further discussion about the
cans and collections, that would be fine too.
CHAIRMAN COLETTA: So moved. Is there a second?
COMMISSIONER COYLE: What is it?
CHAIRMAN COLETTA: What it is, is a Uncle Sam contest.
The winner or loser, who gets the most money -- I'm not too sure
which way it is -- has to wear an Uncle Sam hat for the first part of a
commission meeting, and all the money goes to --
MR. OLLIFF: The American Cancer Society.
CHAIRMAN COLETTA: -- The American Cancer Society.
MR. OLLIFF: And it was a fund raiser generated by employees
as part of the Candle Lighters Program coming up in April, later this
month, and it was a contest that three of the commissioners
volunteered to dress up as Uncle Sam if they won or lost, however
you see it.
CHAIRMAN COLETTA: And with that, we have a motion. We
have a second. Any discussions? (No response)
CHAIRMAN COLETTA: All those in favor, indicate by saying
(Unanimous response)
CHAIRMAN COLETTA:
(No response)
CHAIRMAN COLETTA:
Opposed?
The ayes have it five to zero.
Anything else, Mr. Weigel?
MR. WEIGEL: No. Thank you very much.
CHAIRMAN COLETTA: We'll start with you, Commissioner
Carter. Any comments?
Page 164
April 9, 2002
COMMISSIONER CARTER: No, sir. I have nothing to add to
the program today. I'm healthy and fit, play three sets of tennis each
Saturday morning in doubles. So anyone that thinks that transplants
don't have a great life, come work with me on the tennis court.
COMMISSIONER COYLE: But do you win?
COMMISSIONER CARTER: Not too much. But it's not
because I'm a transplant; I am just not a great tennis player.
CHAIRMAN COLETTA: I'll play with you. I go by the two-
bounce rule.
COMMISSIONER CARTER: We have some guys that will
love that.
CHAIRMAN COLETTA: Commissioner Fiala?
COMMISSIONER FIALA: Nothing.
CHAIRMAN COLETTA: Commissioner Henning?
COMMISSIONER HENNING: Nothing, sir.
COMMISSIONER COYLE: Nothing for me.
CHAIRMAN COLETTA: And just wanted to comment that the
LDC meeting -- I may be just a little bit late. I have an emergency
meeting of the Health Care Committee, and they're trying to work
their way through some big issues, but I'll be here very shortly. In
the meantime, I'm sure you'll be in good hands with Commissioner
Henning leading the charge.
And with that, we're adjourned.
*****Commissioner Carter 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
Page 165
April 9, 2002
RESOLUTIONS 2002-165 THROUGH 2002-177, PROVIDING
FOR THE ASSESSMENT OF LIENS FOR THE COST OF THE
ABATEMENT OF PUBLIC NUISANCES
Item # 16A2
FINAL ACCEPTANCE OF WATER UTILITY FACILITIES FOR
BOYNE SOUTH AND RELEASE OF UTILITIES
PERFORMANCE SECURITY
Item # 16A3
RESOLUTIONS 2002-178 THROUGH 2002-183, PROVIDING
FOR THE ASSESSMENT OF LIENS FOR THE COST OF THE
ABATEMENT OF PUBLIC NUISANCES
Item #16A4
RFP 02-3317, "CONSULTANT SERVICES FOR IMPACT FEE
UPDATE STUDIES - FIRE" - STAFF TO BEGIN CONTRACT
NEGOTIATIONS WITH HENDERSON, YOUNG & COMPANY
Item # 16B 1
RESOLUTION 2002-184, REQUESTING THAT THE MPO
RECOMMEND TO THE FLORIDA COMMISSION FOR THE
TRANSPORTATION DISADVANTAGED THAT THE COLLIER
COUNTY BOARD OF COUNTY COMMISSIONERS BE RE-
DESIGNATED COMMUNITY TRANSPORTATION
COORDINATOR FOR COLLIER COUNTY
Page 166
April 9, 2002
Item #16B2
PURCHASE OF ONE (1) 15 CY DUMP TRUCK, DIESEL, IN
ACCORDANCE WITH BID #02-3336, IN THE AMOUNT OF
$77,222.00 AWARDED TO WALLACE INTERNATIONAL
TRUCKS, INC.
Item # 16B3
FACILITIES RELOCATION AGREEMENT WITH FLORIDA
POWER AND LIGHT COMPANY IN THE AMOUNT OF $98,666
TO RELOCATE POWER LINE STRUCTURES ON LIVINGSTON
ROAD BETWEEN IMMOKALEE ROAD AND THE LEE
COUNTY LINE TO FACILITATE THE ROAD-WIDENING
PROJECT, PROJECT NO. 65041
Item #16B4
AWARD WORK ORDER NO. NTI-FT-02-02 IN THE AMOUNT
OF $80,000 TO NATIVE TECHNOLOGIES INC., FOR THE
GORDON RIVER CLEANOUT PROJECT #31005
Item #16C 1
TOURISM AGREEMENT WITH THE CITY OF NAPLES FOR
MONITORING OF THE SOUTH GORDON DRIVE T-GROIN-
REIMBURSEMENT IN THE AMOUNT OF $48,000
Item #16C2 - Deleted
Page 167
April 9, 2002
AMENDMENT TO CAMP DRESSER AND MCKEE INC.,
GOLDEN GATE WELLFIELD RELIABILITY IMPROVEMENTS
DESIGN CONTRACT IN THE AMOUNT OF $40,000
Item # 16D 1
BID #02-3351 TO PURCHASE ARTS AND CRAFTS SUPPLIES
FOR RECREATION PROGRAMS IN THE AMOUNT OF $40,000
- AWARDED TO TRIARCO AND S&S WORLDWIDE
Item # 16D2
BUDGET AMENDMENT FOR CONSULTANT SERVICES FOR
PARK IMPACT FEE UPDATE STUDY IN THE AMOUNT OF
$25,000
Item # 16D3
BUDGET AMENDMENT TO RECOGNIZE REVENUE IN THE
AMOUNT OF $5810 FROM INSURANCE PROCEEDS TO
REPLACE A STOLEN TRACTOR
Item #16E 1
RECOMMENDATION TO RESCIND AWARD TO ASTOR
CHEMICAL CO., FOR POTASSIUM PERMANGANATE FOR
INABILITY TO FULFILL CONTRACT AND AWARD TO
CARUS CHEMICAL COMPANY ON BID #01-3288-
Page 168
April 9, 2002
"CHEMICALS FOR UTILITIES" IN THE ESTIMATED AMOUNT
OF $107,205
Item # 16E2
APPROPRIATION OF FUNDS IN THE AMOUNT OF $6,500 FOR
A MEMBERSHIP IN PUBLIC TECHNOLOGY, INC.
Item # 16F 1
PURCHASE OF ONE (1) MEDIUM-DUTY ADVANCED LIFE
SUPPORT AMBULANCE FROM AMERICAN LAFRANCE
MEDIC MASTER CORPORATION FOR THE AMOUNT OF ONE
HUNDRED THIRTY-SEVEN THOUSAND THIRTEEN
DOLLARS ($137,013) - THIS VEHICLE WILL BE PURCHASED
UNDER THE FLORIDA SHERIFF'S ASSOCIATION BID #00-08-
0905
Item # 16G 1
VOID COMMITTEE SELECTION OF FIRMS FOR CONTRACT
NEGOTIATIONS FOR RFP #01-3290 "FIXED TERM
PROFESSIONAL ENGINEERING SERVICES"
Item # 1611 - Moved to Item #9E
Item # 1612 - Moved to Item #9F
Item # 16J 1
Page 169
April 9, 2002
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 170
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
April 9th, 2002
FOR BOARD ACTION:
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
mo
Bo
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 March 9, 2002 through March 15, 2002.
2. Disbursements for March 16, 2002 through March 22, 2002.
Minutes:
1. Bayshore/Gateway Triangle Local Redevelopment Advisory Board -
Agenda for March 5, 2002.
2. Radio Road Beautification M.S.T.U. - Agenda for March 18, 2002,
Minntes of February 19, 2002.
3. Roadway and Drainage M.S.T.U. - Agenda for March 15, 2002, Minutes
of February 22, 2002.
4. Isles of Capri Fire/Rescue Advisory Board - Minutes of December 13,
2001.
5. Workforce Housing Advisory Committee - Agenda for March 4, 2002
Minntes of February 4, 2002.
6. Collier County Planning Commission - Agenda for March 7, 2002,
Minntes of January 17, 2002 and Minntes of February 7, 2002.
7. Hispanic Advisory Board - Minutes of November 29, 2002
8. Golden Estates Land Trust Committee - Minutes of December 17, 2001
9. Pelican Bay MSTBU Advisory Committee - Agenda for March 6, 2002,
Minutes of February 6, 2002.
10. Collier County Metropolitan Planning Organization - Agenda for
February 15, 2002.
11. Collier County Library Advisory Board - Agenda for February 27, 2002.
H:DataJFormat
12.
13.
14.
15.
16.
17.
18.
19.
20.
Lely Golf Estates Beautification Advisory Committee - Agenda for
March 8, 2002, Minutes of February 8, 2002.
Immokalee Local Redevelopment Advisory Board - Minutes of January
24, 2002
Bayshore Beautification M.S.TU. - Agenda for March 13, 2002,
Minutes of February 13, 2002.
Environmental Advisory Council - Agenda for March 6, 2002, Minutes
of February 6, 2002.
Rural Lands Area Assessment Oversight Committee - Agenda for
February 25, 2002, Minutes of February 4, 2002.
Vanderbilt Beach M.S.T.U. Advisory Committee - Agenda for March 7,
2002, Minutes of February 7, 2002.
Community Character/Smart Growth Advisory Committee - Agenda for
January 9, 2002 and January 23, Minutes of January 9, 2002 and January
23, 2002.
1-75/Golden Gate Interchange Advisory Committee - Agenda for
February 25, 2002.
Golden Gate Beautification Advisory Committee - Agenda for March 12,
2002, Minutes of February 12, 2001.
H:DatarFormat
April 9, 2002
Item # 16L 1
AUTHORIZATION THAT THE COUNTY ATTORNEY'S
RETENTION OF PROCESS SERVERS FOR THE COUNTY 1N
UPCOMING EMINENT DOMAIN CASES FOR ROAD
PROJECTS BE EXEMPT FROM THE PURCHASING POLICY IF
AND TO THE EXTENT THE PURCHASING POLICY IS
APPLICABLE AND AUTHORIZE THE CHAIRMAN TO SIGN
ANY NECESSARY RETENTION DOCUMENTS - ORTINO
INVESTIGATIONS & PROCESS SERVICE AND BILL
GREENBERG SPECIAL SERVICES, INC. TO BE RETAINED
Item # 16L2
AGREED ORDER AWARDING EXPERT FEES RELATIVE TO
EASEMENT ACQUISITIONS OF PARCELS 169 AND 769 IN
THE LAWSUIT ENTITLED COLLIER COUNTY V. FRED R.
SUTHERLAND, INDIVIDUALL Y AND D/B/A SUTHERLAND
PAINT HORSES, ET AL., CASE NO. 01-0756-CA (LIVINGSTON
ROAD PROJECT NO. 60071)
Item #16L3
SETTLEMENT IN GALLAGHER V. COLLIER COUNTY, CASE
NO. 00-0565-CA-01, NOW PENDING IN THE TWENTIETH
JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY,
FLORIDA PURSUANT TO WHICH THE COUNTY WOULD PAY
$50,000 AND ALL CLAIMS AGAINST THE COUNTY WOULD
BE DISMISSED WITH PREJUDICE
Page 171
April 9, 2002
Item # 16L4
SETTLEMENT IN BETTENCOURT V. COLLIER COUNTY, CASE
NO. 00-0283-CA, NOW PENDING IN THE TWENTIETH
JUDICIAL COURT IN AND FOR COLLIER COUNTY,
FLORIDA, PURSUANT TO WHICH THE COUNTY WOULD
PAY $150,000 AND ALL CLAIMS AGAINST THE COUNTY
WOULD BE DISMISSED WITH PREJUDICE
Item # 16L5
AUTHORIZE THE MAKING OF AN OFFER OF JUDGMENT IN
THE AMOUNT OF $20,000.00 TO RESPONDENTS, JOSEPH
CALI AND SAMUEL MONTELLO, FOR PARCELS 4.3 AND 4.4
IN THE LAWSUIT STYLED COLLIER COUNTY V. JOSEPH
CALl, ETAL, CASE NO. 89-0987-CA, PROJECT NO. 73902 -
$13,690 TO BE PAID INTO THE REGISTRY OF THE COURT
Item #17A
ORDINANCE 2002-16 RE PETITION RZ-2001-AR-1625,
ROBERT L. DUANE, AICP, OF HOLE MONTES INC.,
REPRESENTING LEO J. FRAGIACOMO AND ANNELISE C.
O'DONNELL, REQUESTING A REZONE FROM RMF-16 TO
RSF-4 FOR PROPERTY LOCATED AT 227 CAYS DRIVE,
FURTHER DESCRIBED AS LOT 72, STELLA MARIS, IN PORT
OF THE ISLANDS, IN SECTION 9, TOWNSHIP 52 SOUTH,
RANGE 28 EAST, COLLIER COUNTY, FLORIDA
Page 172
April 9, 2002
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 2:35 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEAL/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
CONTROL
~IRMAN
ATTE .ST, f,,,,:?,,,,..
T~NSC~PT P~PA~D ON BEHALF OF DONOVAN COURT
~PORTING, INC., BY LINDA SULLIVAN, ~R
as
These minutes/approved by the Board on ~ o,.,..,_ ?~.~
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presented ~/ or as corrected .
Page 173