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BCC Minutes 05/28/2002 RMay 28, 2002 REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS May 28, 2002 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 a.m. in REGULAR SESSION in Building "F" of the government Complex, East Naples, Florida, with the following members present: CHAIRMAN: VICE-CHAIRMAN: Jim Coletta Tom Henning Donna Fiala Fred Coyle James D. Carter, Ph.D. ALSO PRESENT: Tom Olliff, County Manager Jim Mudd, Assistant County Manager David C. Weigel, County Attorney Bleu Wallace, Director Community Development Operations Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA May 28, 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, 1 May 28, 2002 YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. 0 3e LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE A. Associate Pastor Roy Fisher, First Baptist Church of Naples AGENDA AND MINUTES Ae Be Ce De me Fe Ge Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) March 30, 2002 - Emergency Meeting April 23, 2002 - Regular Meeting April 24, 2002 - Workshop April 30, 2002 - CRA Meeting May 3, 2002 - Workshop May 13, 2002 - Workshop PROCLAMATIONS Ae Proclamation recognizing Ted Tawney for his Heroic efforts on January 25, 2002. To be accepted by Ted Tawney. Be Proclamation recognizing the Collier County Wastewater Operations Challenge Team. To be accepted by Jon Pratt, Coach of the Operator's Challenge Team and the entire team. 2 May 28,2002 e C. Proclamation recognizing Commissioner James D. Carter and Mr. Clarence Tears, Jr., for their efforts and hard work on the Water Symposium. To be accepted by Commissioner James D. Carter and Mr. Clarence Tears. D. Proclamation proclaiming June 3-7, 2002 as Code Enforcement Investigators Appreciation Week. To be accepted by Ms. Michelle Arnold, Director, Code Enforcement SERVICE AWARDS Five-Year Attendees: 1) Jo-Anne Varcoe-Leamer, Administrative Services 2) Emma Gifford, Road and Bridge 3) Jeffrey Letourneau, Code Enforcement Ten-Year Attendees: 4) Glen Miles, Facilities Management 5) Jacqueline Loy, Emergency Medical Services 6) Paul Baumgardner, Emergency Medical Services Fifteen-Year Attendees: 7) Steve Ritter, Transportation Engineering Thirty-Year Attendees: 8) Cecilia Martin, Planning Service PRESENTATIONS A. Recommendation to recognize Julie Allen, Program Leader, Parks and Recreation as Employee of the Month for May 2002. 3 May 28, 2002 6. PUBLIC PETITIONS AND COMMENTS ON GENERAL TOPICS A. Public Comments on General Topics Public Petition request by Wilma Britton to discuss Permits and Encroachment Problems in Henderson Creek. Ce Public Petition request by Bob Krasowski to discuss Solid Waste system design issues. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS Recommendation to the Board of County Commissioners to approve an Ordinance establishing a Mandatory Non-Residential Recycling Program within the Unincorporated Areas of Collier County. Bo Conduct a Public Hearing for the purpose of receiving input from subscribers regarding the performance of Comcast Cablevision. Ce Petition RZ-01-AR-1143, James G. O'Gara, representing Golden Gate Capital, Ltd., requesting a rezone from "RSF-3" Residential Single Family to the "RSF-5" Residential Single Family Zoning District to allow for a maximum of 16 single-family dwelling units for property located at the Northeast comer of 50th Terrace SW and 22nd Avenue SW in Section 21, Township 49 South, Range 26 East, Collier County, Florida. This item has been continued indefinitely. PUDZ-2001-AR-1842, Dwight Nad,au, of RWA, Inc., representing Thomas G. Eckerty, Trustee for 1-75 Exit 15 Land Trust, requesting a rezone from A, RSF-4, RMF-6, RMF- 12 and C-4 to "PUD" Planned Unit Development to be known as the East Gateway PUD allowing commercial retail uses on a 20 acre parcel and industrial/office park uses on a 17 acre parcel, for property located in the southwest quadrant of the 1-75, Exit 15 Interchange, with frontage on Davis Boulevard (SR 84), in Section 34, Township 49 South, Range 26 East, Collier County, Florida, consisting of 37.39+ acres. An Ordinance creating the Pelican Bay Municipal Service Taxing and Benefit Unit; setting forth the boundaries of the unit; designating the 4 May 28, 2002 governing body of the unit; providing for purpose and powers; providing for annual estimates of expenses, taxation and assessment rate; providing for tax and assessment imposition and collection; providing for the creation of the Pelican Bay Municipal Service Taxing and Benefit Unit Advisory Committee; providing for composition, nomination and appointment; providing for terms of office; providing for removal from office, failure to attend meetings; providing for officers, quorum, rules of procedure; providing for reimbursement of expenses; providing for functions, powers and duties of the committee; providing for the duties of the County Manager; providing for a review process; providing for opportunity to comment prior to initial implementation of use of taxing or assessing authority; providing for supercession, repeal and consolidation of prior ordinances, including repeal of Ordinance No. 90-111, as amended, the original 1990 Ordinance creating the Pelican Bay Municipal Service Taxing and Benefit Unit, Ordinance Nos. 91-22, 98-113, 99-98, 2000-22, 2000-82, and 2001-19 and providing for supercession, repeal and consolidation of Ordinance Nos. 78-67, 80-53, 82-122, 85-9, 86-29 and 88-35 relating to street lighting; providing for conflict and severability; providing for construction; providing for inclusion in the Code of Laws and Ordinances; and providing an effective date. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Contractors' Licensing Board. Appointment of members to the Forest Lakes Roadway & Drainage Advisory Committee. C. Appointment of member to the Citizens Advisory Task Force. D. Appointment of members to the Collier County Code Enforcement Board. E. Appointment of member to the Parks and Recreation Advisory Board. Fe Discussion regarding LDC changes as requested by the Workforce Housing Advisory Committee. (Commissioner Fiala) 10. COUNTY MANAGER'S REPORT 5 May 28, 2002 Ae F$ Go Consideration of Fiscal Year 2003 Tourist Development Category "C" (Museums) Grant Application from Marco Island Historical Society in the amount of $25,000; Tourist Development Council recommends denial. (Joseph K. Schmitt, Administrator, Community Development) Consideration of Fiscal Year 2003 Tourist Development Category "C" (Museums) Grant Application from Naples Botanical Garden in the amount of $500,000; Tourist Development Council recommends approval. (Joseph K. Schmitt, Administrator, Community Development) Consideration of Fiscal Year 2003 Tourist Development Special Event Grant Application from Parks and Recreation Department for the Fifth Annual Country Jam in the amount of $120,000; Tourist Development Council recommends denial. (Joseph K. Schmitt, Administrator, Community Development) Consideration of Fiscal Year 2003 Tourist Development Special Event Grant Application from Parks and Recreation Department for the Viva Naples- Latin Music and Food Festival in the amount of $75,000; Tourist Development Council recommends denial. (Joseph K. Schmitt, Administrator, Community Development) Consideration of Fiscal Year 2003 Tourist Development Special Event Grant Application for the City of Naples Fourth of July Celebration in the amount of $50,000; Tourist Development Council recommends approval. (Joseph K. Schmitt, Administrator, Community Development) Consideration of Fiscal Year 2002 and 2003 Tourist Development Special Event Grant Applications from the Marco Island Film Festival in the amount of $160,000 for each fiscal year; Tourist Development Council recommends approval of $96,000 for Public Relations, Advertising, and Web-Site for Fiscal Year 2002 only. (Joseph K. Schmitt, Administrator, Community Development) This item was continued from the May 14, 2002 BCC Meeting. Approve Staff, Coastal Advisory Committee and Tourist Development Council recommendations to disapprove a TDC Category "A" Grant Application for the Goodland Canals Dredging Design and Permitting in the amount of $150,000. (Tom Wides, Interim Administrator, Public Utilities) 6 May 28, 2002 He Je This item was continued from the May 14, 2002 BCC Meeting. Approve Staff, Coastal Advisory Committee and Tourist Development Council recommendations to disapprove a TDC Category "A" Grant Application for the Barefoot Beach Club Dune Restoration in the amount of $81,500. (Tom Wides, Interim Administrator, Public Utilities) A meeting to be held in Executive Session exempt from Section 286.011, Florida Statutes, in accordance with Section 447.605, Florida Statutes, between the Collier County Board of Commissioners and the County negotiating committee relative to collective bargaining, and the Southwest Florida Professional Firefighters and Paramedics, Local 1826, IAFF, Inc. (Jo-Anne Leamer, Administrator, Administrative Services) This item has been deleted. Ke te Adoption of Resolution of the Board acting as Ex-Officio Board of the Collier County Water and Sewer District authorizing the execution of a loan agreement with the Florida Local Government Finance Commission in an amount not to exceed $70,000,000 pursuant to the terms of the Loan Agreement in order to finance the acquisition and construction of certain improvements to the utility system, and authorize the execution of a Letter of Credit Commitment with First Union National Bank. (Tom Wides, Interim Administrator, Public Utilities) This item has been deleted. 11. Me Approve that Collier County will accept appointment as a Court Appointed Receiver over Lee Cypress Water and Sewer Cooperative, approve designation of Bleu Wallace as Administrator of the Receivership, authorize funding not to exceed $30,000 for receivership expenses, all to assist the Florida Department of Environmental Protection to effect an Interconnection of the Lee Cypress Cooperative's Sewer System with the City of Everglades Sewer System. (Joseph K. Schmitt, Administrator, Community Development) Ne Develop a transition plan to provide for the orderly transition to a new County Manager. (Thomas W. Olliff, County Manager) AIRPORT AUTHORITY 7 May 28, 2002 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. FUTURE AGENDAS 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Executive release of Code Enforcement lien established in Collier County v. William H. Tost, II and Betty Tost. 2) Approve a Resolution to extend the term of the Workforce Housing Advisory Committee. 3) Code Enforcement lien resolution approvals. 4) Code Enforcement lien resolution approvals. 5) This item is being continued to the July 30, 2002 BCC Meeting. Proposal to impose a temporary moratorium on projects in the Whippoorwill Area (Bounded on the North by Pine Ridge Road, on the South by the Wyndemere Subdivision, on the East by 1-75, and on the West by proposed Livingston Road) until such time as a Master Plan showing proposed infrastructure improvements, including at a minimum, potable water distribution, sanitary sewage collection, stormwater management, and roads, has been accepted by the Collier County Community Development and Environmental Services Division. (Joseph K. Schmitt, Administrator, Community Development) 8 May 28, 2002 B. TRANSPORTATION SERVICES 1) Approve Budget Amendment No. 2 in the amount of $44,629.25 to Woods Hole Group for the Haldeman Creek Basin Restoration (AKA Dredging) Project, Contract No. 01-3216, Project No. 31011. 2) To have the Board of County Commissioners (BCC) approve a Budget Amendment, transferring funds from Capital Improvements General of the Immokalee Beautification Fund 156 in the amount of $150,000.00 to the Immokalee North Triangle Beautification Project #66071. 3) To have the Board of County Commissioners (BCC) approve a Budget Amendment, transferring funds from Capital Improvements General of the Immokalee Beautification Fund 156 in the amount of $87,370.00 to the Immokalee Main Street Beautification (SR 29) Project #66073. 4) Approve a Budget Amendment and Change Order Number 2 for the 13tnStreet SW Bridge Design-Build Construction Contract No. 01- 3223, Project No. 60012, Purchase Order No. 204298, for $15,856.00. 5) Approve Amendment No. 3 in the amount of $535,432.45 to the Contract for Professional Services Agreement by Agnoli, Barber and Brundage Inc., for the design of Livingston Road from Golden Gate Parkway to Pine Ridge Road, County Project No. 60071, and for the design of Livingston Road from Pine Ridge Road to Immokalee Road, County Project No. 62071. 6) Accept a Warranty Deed for Road Right-of-Way in accordance with the Terrafina PUD Development Commitment and Quitclaim to the owners any interest the County may have in a 60 foot strip of land along the South Boundary of the West half of the Terrafina PUD. 7) Approval of two (2) road impact fee refund requests totaling $144,090.00. 8) Resolution to establish a "No Parking" zone along Crescent Lake Drive as platted in Crescent Lake Subdivision, Plat Book 13, Page 65- 67 from its intersection with Airport road to its intersection with 9 May 28, 2002 Campbell Circle. Approximately eight signs will be needed at a cost of $100 each for a total of $800. C. PUBLIC UTILITIES 1) 2) 3) Approve the purchase of Sole Source Cartridge Filters from George S. Edwards Co., Inc., in the amount of $51,488.50. This is a reliability upgrade (spare parts) at the North Water Plant. Award RFP 02-3339 for construction and demolition waste artificial reef recycling to committee's shortlist selection of firms, McCulley Marine Services Inc., for an estimated annual amount of $250,000. Adopt a Resolution approving the Satisfaction of Lien for Solid Waste Residential Account wherein the County has received payment and said lien is Satisfied in Full for the 1991 Solid Waste Collection and Disposal Services Special Assessment. Fiscal Impact is $16.50 to record lien. 4) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are Satisfied in Full for the 1992 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact is $18.00 to record the liens. 5) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are Satisfied in Full for the 1993 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact is $18.00 to record the liens. 6) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are Satisfied in Full for the 1994 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact is $30.00 to record the liens. 7) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are Satisfied in Full for the 1995 Solid Waste l0 May 28, 2002 Collection and Disposal Services Special Assessments. Fiscal Impact is $46.50 to record the liens. 8) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are Satisfied in Full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact is $52.50 to record the liens. 9) Approve the Satisfaction of Lien documents filed against Real Property for Abatement of Nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. Fiscal Impact is $72.00 to record the liens. Award a Contract to Douglas N. Higgins, Inc., for Port-Au-Prince Utility Replacement, Project 70060 and 70074, Bid 02-3367, in the amount of $985,620. 11) Authorize County Manager to negotiate and execute the First Memorandum of Understanding pursuant to the Landfill Operations Agreement. 12) Authorize and approve early payoff amount of $113,541.31 of the Goodland Water District $468,500 Water Revenue Bond, Series B. Board approval to Award Bid #02-3375 to Thermo Elemental in the amount of $124,776, for the purchase of a Quadrupole Inductively Coupled Plasma Mass Spectrometer (ICP-MS). 14) Convey a Utility Easement from Collier County, a political subdivision of the State of Florida, to the Board of County Commissioners of Collier County, Florida, as ex-officio the governing board of the Collier County Water-Sewer District for construction and maintenance of Utility Facilities at a cost not to exceed $100.00, PUED Project 70054. 15) Approve feasibility assessment and preliminary presentation of landfill gas to energy project. 11 May 28, 2002 D. PUBLIC SERVICES 1) Adopt a Resolution and approve a Real Estate Exchange and Purchase Agreement between the Board of County Commissioners and the District School Board of Collier County that will net $92,067 in Revenue. 2) Approve Budget Amendment recognizing $2,000 revenue from a donation for a memorial bench at Vanderbilt Beach Access. 3) Approve the renewal of Contract #97-2646 Tigertail Beach Food and Beverage Concession with Cool Concessions, Inc. 4) That the Board of County Commissioners approve award of Bid #02- 3335 in the amount of $98,500 for clean up and monitoring at Caxambas Park to Envirotac Ltd. 5) Approve a Limited Use License Agreement in the amount of $25,000 between the Board of County Commissioners and the Naples Junior Chamber of Commerce, Inc., approving the use of specified county- owned property for conducting a July 4th Fireworks Festival. 6) Authorization to enter into a Grant Agreement in the amount of $20,000 between the University Extension Office/Collier Board of County Commissioners and the Empowerment Alliance of Southwest Florida for the purpose of providing Homeowner Educational Programming in Immokalee. 7) Approve a Work Order for Aaron Lutz Neighborhood Park for Labor and Material for installation of existing shelters, installing new concrete sidewalks, installing new bahia sod and tennis courts reconditioning in the amount of $67,375.00 for Professional Building Systems Inc. 8) Award of Bid #02-3384 to G.A. Foods in the amount of $200,000.00 to prepare the food for the Summer Food Service Grant Program while summer school is not in session. 9) Recommendation that the Board of County Commissioners authorize funds not to exceed $10,000 to appraise property to be potentially 12 May 28, 2002 utilized for Stormwater/Park purposes off of Bayshore Drive within the Bayshore/Gateway Triangle Redevelopment Area. E. ADMINISTRATIVE SERVICES 1) Authorize the purchase of 26 Panasonic Toughbook Wireless Laptop Computers from Comark Government and Education Sales Company utilizing the U.S. Communities Government Purchasing Alliance Master Agreement in the amount of $119,288. 2) Award RFP 02-3342 Analytical Laboratory Services for Collier County to US Biosystems and Severn Trent Services for an estimated annual amount of $80,000. 3) Approve a Budget Amendment totaling $179,700 for the Emergency Replacement of a 250-ton chiller at the County Jail. 4) Approval of a Budget Amendment for emergency repairs and unanticipated building maintenance expenditures totaling $287,000. 5) Approval of a Budget Amendment to Fund 516, Property and Casualty Insurance to fund claims, reinsurance and professional services for the remainder of FY02. 6) Approval to secure a Lease Agreement in the annual amount of $301,469 with Abbas Ahrabi Asli for office space to be utilized by the Property Appraiser and approve a Budget Amendment in the amount of $1,367,400 for leasehold improvements. 7) Approval of an award of RFP #02-3353 to MGT of America for the revision of Human Resources Practices and Procedures. 8) Approve changes to the County Purchasing Policy to enhance contract administration and management. 9) Approval to secure a Lease Agreement with Gerald T. and Catherine L. Berry for office space located at Court Plaza III at an annual cost of $44,804. 13 May 28, 2002 10) Award Annual Contract for underground utility construction services pursuant to RFP #02-3345, in the estimated amount of $6,000,000. 11) Award Annual Contract for Telemetry Services pursuant to RFP #02- 3359, in the estimated amount of $700,000. 12) Award contract for architectural services for programming and design of the Grey Oaks Public Safety Facility, RFP #02-3326, in the amount of $74,188.33. F. EMERGENCY SERVICES G. COUNTY MANAGER 1) Approval of Budget Amendment Report - Budget Amendment #02~ 335 (1981 Water Management CIP (Fund 325) Stormwater Management). 2) Presentation of the Environmental Advisory Council's Annual Report. H. AIRPORT AUTHORITY 1) Immokalee Regional Airport Extension of Temporary Use Permit for Immokalee Regional Raceway. I. BOARD OF COUNTY COMMISSIONERS 1) Commissioners' request for approval for reimbursement of payment to attend the Water Symposium Celebration Awards Banquet. J. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. K. OTHER CONSTITUTIONAL OFFICERS 1) Recommendations to approve a Resolution between the Board of County Commissioners and Sprint Telephone Company of Florida to partially fund the cost of maintaining the enhanced 911 Emergency Telephone System. 14 May 28,2002 17. 2) That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the detailed report of open purchase orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. L. COUNTY ATTORNEY 1) Approve the Agreed Order awarding expert fees as to Parcel 101B in the Lawsuit entitled Collier County v. Jose L. Rey, et al, Case No. 99- 3683-CA (Golden Gate Boulevard, Project No. 63041). 2) Request by the Housing Finance Authority of Collier County for approval of a resolution authorizing the Authority to re-issue an existing issue of multi-family housing revenue bonds to be used to finance the River Reach Apartments project. 3) Approve the Stipulated Final Judgment relative to the Easement Acquisition of Parcel 361 in the Lawsuit entitled Collier County v. Tony Guarino, III, et al, (Golden Gate Boulevard Project, Project No. 63041). SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. SHOULD ANY OF THE FOLLOWING ITEMS BE MOVED TO THE REGULAR AGENDA ALL PARTICIPANTS MUST BE SWORN IN. Ae Petition SNR-2002 AR-2138, Robert B. Lemeur, representing Brian Seligman, requesting a street name change from Put-In-Bay Court to Tropical Bay Court, located in Waterways of Naples, Unit 7, in Section 14, May 28, 2002 Township 48 South, Range 27 East. Be Petition RZ-01-AR-1353, Mr. Terrance Kepple of Kepple Engineering, Inc., requesting a rezone from "A" Rural Agricultural to "C-5" Heavy Commercial District allowing commercial and retail uses for property located on the East Side of Collier Boulevard (CR 951), and approximately one-quarter mile North of Rattlesnake-Hammock Road (CR 864) in Section 14, Township 50 South, Range 26 East, Collier County, Florida, consisting of 4.71 acres more or less. Ce Petition AVPLAT2002-AR1969 to disclaim, renounce, and vacate the county's and the public's interest in the drainage and maintenance access easement located on all of Tract V, according to the plat of"Sweetwater Bay II - Unit 1", as recorded in Plat Book 26, Pages 96 through 98, Public Records of Collier County, Florida, located in Sections 9 and 10, Township 48 South, Range 25 East. De Petition AVPLAT2001-AR1587 to disclaim, renounce and vacate the county's and the public's interest in the 10 foot wide lake maintenance easement and the 10 foot wide utility easement located along the rear of Lots 12 and 13, according to the plat of"Terranova of Pelican Marsh Unit One" as recorded in Plat Book 34, Pages 61 through 62, Public Records of Collier County, Florida, located in Section 35, Township 48 South, Range 25 East. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 16 May 28, 2002 May 28, 2002 Item #2A REGULAR, SUMMARY, AND CONSENT AGENDA- APPROVED AND/OR ADOPTED WITH CHANGES CHAIRMAN COLETTA: Let me start off with any changes. Mr. Olliff?. MR. OLLIFF: Good morning, Mr. Chairman. Good morning, Commissioners. You do have a fairly lengthy change list. And I figure I better read it off before it grows any further. The first item on your list is actually a continuance from your proclamations and presentations portion. Item 3-A will be continued to your June 11 th meeting. That was a proclamation to recognize Ted Tawney, one of your CAT bus drivers, and we will do that recognition on June 11 th. Next item is a move from your consent agenda, it is -16B, as in boy, 5 will become-10-O on the regular agenda, supports an amendment to a professional services agreement contract with Agndi, Barber & Brundage. That item will be -10-O on your regular agenda. Next item is actually a deletion off of your consent agenda, Item 16-C2. At the staff's request, this item, which was an award of an RFP for construction and demolition of waste artificial reef recycling, is being deleted primarily because there was a bid protest. And once the bid protest has been resolved, we'll bring this item back for your consideration. Removing item -16C15 to item-10-P on your regular agenda is the approval of a feasibility assessment, a preliminary presentation of the landfill gas to energy project. That change is being made at Commissioner Coyle's request. Page 2 May 28, 2002 Item-16-E, E as in Edward, Number 8 is moving to 10. That will be 10- Q on your agenda. That is approvings (sic) and changes to the County's Purchasing Policy to enhance contract administration and management, -16E8 to -10Q; again at Commissioner Coyle's request. Item -16E-10, as in Edward, to will become -1 OR on your agenda. That is an award of an annual contract for some underground utility construction services, - 16E 10 to - 1 OR, at Commissioner Coyle's request. And the last item that the Commissioner has requested to be moved will be -16E 11, again as in Edward, will become -1 OS, as in Sam, on your regular agenda. That is awarding an annual contract for our telemetry services in your Utilities Division. The last agenda change that I have, Mr. Chairman, is the deletion of-16H1 off of your consent agenda. It was an Immokalee Regional Airport extension of a temporary use permit. We are resolving some issues about a better and, perhaps, a longer term way of handling that as opposed to a temporary use permit. And we'll bring that back when we have those details resolved. Last two items, there are notes on your agenda. The first is a note that when the Board approves the April 30th, 2002, Community Redevelopment Agency minutes, that you will be approving those as the Board of County Commissioners acting as the Community Redevelopment Agency. So you actually sit in a separate capacity when you are sitting as the CRA or the Community Redevelopment Agency Board. And so we've made a note on your agenda that those minutes will be approved actually by the CRA Board, the Board of County Commissioners sitting as the CRA Board. COMMISSIONER FIALA: Do we do that separately? Page 3 May 28, 2002 MR. OLLIFF: No, ma'am, I don't think that's necessary unless Mr. Weigel believes it. MR. WEIGEL: I would appreciate it if you would note that separately, that way we have no issue from anyone. Thank you. MR. OLLIFF: Last item, Mr. Chairman, is just a note that Item 10-I, which is the item that has the Board excusing themselves into executive session to discuss union bargaining agreements for fiscal year '03, that item has a time cert for 12:00 noon. And then we will ask that the Board excuse itself at 12:00 noon and probably schedule its lunch, depending on how the agenda, goes and then the Chair wants to handle that. But it was assumed that the Board would just proceed to lunch after those negotiations in your conference room. Mr. Chairman, that's all the changes I have for this morning. CHAIRMAN COLETTA: Mr. Weigel, you got any comments before we proceed? MR. WEIGEL: No changes. And the only comment is with the item -10I at the commencement of that item, Staff, County Manager and I will assist in putting on the record before we adjourn to private meeting the name of the - the names -- name or names of the committee on behalf of the County outside of Commissioners, the Bargaining Committee will put that on record at that time. CHAIRMAN COLETTA: Thank you, Mr. Weigel. We're going to start with Commissioner Henning for changes on the Consent Agenda, Summary Agenda or any Ex Parte Disclosures on the Summary Agenda starting with you, Commissioner Henning. COMMISSIONER HENNING: No changes, Commissioner Coletta. But I do have a disclosure on -17B. I did talk to staff on that item. CHAIRMAN COLETTA: Is that it, Commissioner Henning? COMMISSIONER HENNING: Yes, sir. Page 4 May 28, 2002 CHAIRMAN COLETTA: Commissioner Coyle, it seems like you already got to the County Manager a little earlier-- COMMISSIONER COYLE: Yes, sir. CHAIRMAN COLETTA: -- and took care of that business. Is there anything else? COMMISSIONER COYLE: Well, a lot of business. But I've got one other. Are we at the point of Ex Parte now? CHAIRMAN COLETTA: Well, we're there, sir, or changes to the consent or summary agenda. COMMISSIONER COYLE: Okay. All right. As far as changes to the -- or Ex Parte, I would like to declare that I have talked to petitioner on Item 8-C representing Golden Gate Capital Limited to out a project there. And I would like to pull for discussion one additional item, Item - 16E6. And at the proper time, I would like to make a comment about Item -16D8. CHAIRMAN COLETTA: Okay. Thank you. Myself-- you took the one item I was going to ask to be pulled, but that's quite all right. I'm glad you got there before I did. And I have no other disclosures to make. Commissioner Fiala? COMMISSIONER FIALA: Yes. I had a couple questions on three different items on the consent. And I didn't know whether to pull them or whether you could answer the questions right here and now. The first thing is on -16G2; it says this is about the EAC report. And it says we were supposed to hear the EAC report rather than just read it in the consent. And I wanted to check to -- I read it all, but I wanted to know if, indeed, that needs to be on the record. MR. OLLIFF: It was originally scheduled as a regular agenda item when we were putting the agenda together. Given the length of the agenda, we went back and looked to see if there was a requirement that the item be presented verbally. There was no requirement for it to be presented in an oral format. So we called the Page 5 May 28, 2002 Chair of the EAC and Mikey Coe, who is also going to participate in the presentation, neither of them objected to having us place this on the consent agenda. COMMISSIONER FIALA: Good. I was going to call them myself this weekend, but I thought I wouldn't disturb their holiday. Thank you very much. The second thing is -16D8. This is the same one that Commissioner Coyle mentioned. And I wanted to know who -- this is where we're providing two hundred thousand dollars worth of food for summer programs in the school system. COMMISSIONER COYLE: $461,900. COMMISSIONER FIALA: And I wanted to know, are we providing food for the school system, or what is this food for? MR. OLLIFF: It is a long, long standing program that the County has provided through a federal program, a grant program. All of the monies for this program, completely federal grant-funded. We provide food using the school facilities through your Parks and Rec staff. We contract with the school's kitchen staff who provide both breakfast and lunches for areas of the community, primarily those in Immokalee, East Naples and in some of the other areas of the community. And we provide literally thousands of breakfast and lunches, usually during the summer period when school is not in session. It is the program designed to allow children to get a -- some location where they can get a well-balanced nutritional meal somewhere during breakfast or lunch when they might otherwise have gotten that meal through the school system and through the free lunch program. CHAIRMAN COLETTA: Commissioner Coyle, do you have a question? We'll come back to you. Page 6 May 28, 2002 COMMISSIONER FIALA: Okay. CHAIRMAN COLETTA: Just additional questioning. COMMISSIONER COYLE: My question concerning that particular item, and maybe it's more of a comment than anything else, but we're spending almost a half million dollars to provide chocolate donuts, cinnamon buns and pop tarts. Now, you know, if that's a nutritionally balanced meal, you know, I've been reading the wrong books. And I'm also informed by staff that, you know, we'll be receiving an award for the best summer program in the State of Florida. I think we need to take a look at the criteria here and decide whether or not we can do something better. MR. OLLIFF: That may be part of the program, but you will also provide cereal. You will also provide sandwiches for lunchtime, and you'll provide hot meals at lunch. And most of the time it's prepackaged sandwich products during the summer program. They may have highlighted some of the frilly items that they give, but it is a nutritionally balanced lunch and breakfast program. We can, by all means, provide a copy of the menu if you'd like to see. COMMISSIONER COYLE: Well, these were the things that were listed in the executive summary. So, you know, I had no understanding of what else was provided. But it's certainly reassuring that we're offering something other than chocolate donuts and cinnamon buns. CHAIRMAN COLETTA: Thank you, Commissioner Coyle. Commissioner Fiala? COMMISSIONER FIALA: Yes. And the last question about that same item, is this just for anybody in the neighborhood who needs a meal, or is this for children in a summer program? MR. OLLIFF: It's actually, as I recall the program's criteria, it's for any of the kids in the neighborhoods. And there are certain criteria for the neighborhoods that these programs are provided in. Page 7 May 28, 2002 And I think it's based on the number of students during the school year that participate in the free lunch program. So those -- anybody who shows up is eligible to be able to get breakfast and/or the lunch at any of the community parks or schools where the program's provided. COMMISSIONER FIALA: Okay. And the last one I wanted to address is -16B7, and that's just to make a statement. On this one, and I'm going to turn to that one, we were talking about issuing a check for impact -- instead of impact fee credits and I -- let's see. This is a builder who mistakenly paid his road impact fees by check rather than applying them to use the assigned impact fee credits. And I understand in checking that this is the second time he's done that. And I would like to state on the record this is the last time he does that. Thank you. CHAIRMAN COLETTA: Before we go, Commissioner Coyle? COMMISSIONER COYLE: I don't want to go out of turn. CHAIRMAN COLETTA: We want to exhaust -- COMMISSIONER CARTER: I'm still intrigued with your balanced diet. I thought chocolate cake and donuts were good. They got milk in it. They got eggs in it. They got all that stuff in it. CHAIRMAN COLETTA: Well, we used to be a police officer? I take that back. COMMISSIONER COYLE: My question is not about that particular item. So if you'd like to continue and come back to me. CHAIRMAN COLETTA: Okay. May we? COMMISSIONER COYLE: Yeah. Sure. COMMISSIONER HENNING: That's all right. Let Commissioner Coyle finish his laundry list. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: Okay. -16B6, we're talking about the vacation of certain property and other property being transferred Page 8 May 28, 2002 to us for a road. The map I have is pretty much just a black blob, so it's impossible for me to determine where these things are located. But the important question is, does this mean that we can have a wider road than we had originally anticipated? And I believe this is Logan Boulevard Extension that we're talking about. MR. MUDD: Commissioner, it doesn't- the 80 foot doesn't necessarily mean that it's going to be a wider road, but it's going to be an enhanced road by having that extra 20 feet in there. And what we tried to do is the petitioner -- the developer wanted the bottom land piece that we had an easement on, which we really didn't have a need for. And we had a need for the north/south easement so that we could put a road in there. And we thought it was a pretty good trade. Okay. And that's why it's on the agenda. But it doesn't give us a wider road. It gives us an enhanced road. COMMISSIONER COYLE: Okay. So we only -- still only be able to put in a two-lane road. MR. MUDD: Yes, sir. COMMISSIONER COYLE: We couldn't do a -- MR. MUDD: Yes, sir. And I talked-- COMMISSIONER COYLE: -- wider road? MR. MUDD: -- to Ed Cant prior to this about that particular item. COMMISSIONER COYLE: Okay. Thank you. I'm finished, Mr. Chairman. CHAIRMAN COLETTA: Thank you. We'll go to Commissioner Carter, who we're all waiting to hear from. COMMISSIONER CARTER: I have no disclosures on the consent or summary agenda. I'm only pulling -16E, as in Edward, 6 for discussion. Don't have a stroke over there. I am not against what we have to do. But I do have some comments and suggestions to the Board to deal with this ongoing challenge that we face. Page 9 May 28, 2002 MR. OLLIFF: Mr. Chairman, that item would become -10T. CHAIRMAN COLETTA: I had it marked. COMMISSIONER CARTER: We're running out of the alphabet here. MR. OLLIFF: T, as in Tom, on your regular agenda. - 16E6 will become - 10T. COMMISSIONER CARTER: That's all I have, Mr. Chairman. CHAIRMAN COLETTA: Thank you, Commissioner Carter. Okay. With that, does someone want to make a motion for -- COMMISSIONER CARTER: I move for approval of the agenda and the minutes for today's regular Consent and Summary Agenda as amended. COMMISSIONER FIALA: And I'll second it. COMMISSIONER HENNING: Second. CHAIRMAN COLETTA: And we have a motion by Commissioner Carter, a second by Commissioner Fiala. All those in favor indicate by saying COMMISSIONER COMMISSIONER COMMISSIONER aye. Aye. CARTER: Aye. FIALA: Aye. COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: The ayes have it 5 to 0. Page 10 AGENDA CHANGES BOARD OF COUNTY COMMTSSZONERS' MEET:[NG May 28, 2002 Continue :[rem 3 (A) tO 3une 11, 2002 BCC Meetinq: Proclamation recognizing Ted Tawney for his heroic efforts on 3anuary 25, 2002. (Staff's Request.) Move Ttem 16(B)5 to 10(0): Approve Amendment No. 3 in the amount of $535,432.45 to the Contract for Professional Services Agreement by Agnoli, Barber and Brundage, THC., for the design of Livingston Road from Golden Gate Parkway to Pine Ridge Road, County Project No. 60071, and for the design of Livingston Road from Pine Ridge Road to Tmmokalee Road, County Project No. 62071. (Commissioner Coyle request.) Delete Ttem 16(C)2: Award RFP 02-3339 for construction and demolition waste artificial reef recycling to committee's shortlist selection of firms, McCulley Marine Services :[nc., for an estimated annual amount of $250,000. (Staff's Request.) Move :[tem 16(C)15 tO 10(P): Approve feasibility assessment and preliminary presentation of landfill gas to energy project. (Commissioner Coyle request.) Move :[rem 16(E)8 to 10(O_): Approve changes to the County Purchasing Policy to enhance contract administration and management. (Commissioner Coyle request.) Move Ttem 16¢E}10 to 10(R): Award annual contract for underground utility construction services pursuant to RFP #02-3345 in the estimated amount of $6,000,000. (Commissioner Coyle request.) Move :[tem 16(E}11 to 10(S~: Award annual contract for Telemetry Services pursuant to RFP #02-3359, in the estimated amount of $700,000. (Commissioner Coyle request.) Delete :[tem 16(H)1: /mmokalee Regional Airport Extension of Temporary Use Permit for Tmmokalee Regional Raceway. (Staff's Request.) **Note: The approval of the April 30, 2002 Community Redevelopment Agency Minutes will be approved as the Board of County Commissioners acting as the Community Redevelopment Agency. **Note: :[rem 10(:[) has a time certain for 12:00 noon. May 28, 2002 Item #2E MINUTES OF THE APRIL 30, 2002 CRA MEETING- APPROVED AS PRESENTED COMMISSIONER FIALA: I'd like to move for approval as the CRA Board for the April 30th Community Redevelopment Agency minutes. COMMISSIONER HENNING: Second. CHAIRMAN COLETTA: We have a motion by Commissioner Fiala, a second by Commissioner Henning. All those in favor indicate by saying aye. Aye. COMMISSIONER CARTER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. Items #2B, C, D, F and G MINUTES OF THE MARCH 30, 2002 EMERGENCY MEETING, APRIL 23, 2002, REGULAR, APRIL 24, 2002 WORKSHOP, MAY 3, 2002 WORKSHOP AND MAY 13, 2002 WORKSHOP- APPROVED AS PRESENTED COMMISSIONER HENNING: Aye. I'd like to move for approval of the March 30th,, emergency meeting; April 23rd regular meeting; April 24th workshop; May 3rd workshop and May 13th workshop. COMMISSIONER CARTER: Second. Page 11 May 28, 2002 CHAIRMAN COLETTA: We have a motion by Commissioner Henning and a second by Commissioner Carter. All those in favor indicate by saying aye. Aye. COMMISSIONER CARTER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: The ayes have it 5 to 0. Now, we go on to the proclamations. And, Commissioner Carter, you're up first. Item #3B PROCLAMATION RECOGNIZING THE COLLIER COUNTY WASTEWATER OPERATIONS CHALLENGE TEAM- ADOPTED COMMISSIONER CARTER: Okay. This morning I would like to invite John Pratt, who is the coach of the Operator's Challenge Team, and the entire team to step forward if they would this morning. Come right up here in front of the cameras. Thank you. Whereas, the Collier County Wastewater Operation's Challenge Team completed- competed in the Florida Water Resources Conference in Orlando, Florida on March 26th, 2002. And whereas the team competed with teams from across the State of Florida and finished in second place by a very slim margin. And whereas the top teams in the Florida Compete Competition are invited to attend a national competition to be held in Chicago, Illinois in September at the Water Environment Federation National Conference. And whereas the Collier County team will compete with over teams from across North America and whereas this is the third year Page 12 May 28, 2002 that the Collier County team has competed in this competition and the second year they have been invited to participate on a national level and whereas last year's team finished in the Nationals held in Atlanta, Georgia. And it's their goal to move up in the overall standings this year and whereas this event promotes teamwork and training in all areas of wastewater treatment and collections. The County's four-member team competed in events that test their skills and safety, wastewater connections, laboratory, wastewater troubleshooting and pump maintenance. And whereas congratulations are extended to the County team members for finishing runner-up in the City of Fort Lauderdale and whereas the members of the County team are Joseph Deanski, Bill Combs, Dave Fitts, Dave Wallers and Coach John Pratt. Now, therefore be proclaimed by the Board of County Commissioners that the members of the Collier County Team competing in the event be recognized for this outstanding achievement the 28th day of May, done and ordered this 28th day of May, 2002. The Board of Commissioners, Collier County Florida, James Coletta Chairman. I move for approval. COMMISSIONER FIALA: And second. CHAIRMAN COLETTA: Okay. We have a motion by Commissioner Carter, a second by Commissioner Fiala. All those in favor indicate by saying aye. Aye. COMMISSIONER CARTER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Ayes have it. Face the camera, please. Thank you. If someone would like to say a couple words. Page 13 May 28, 2002 MR. PRATT: John Pratt, coach of the Operator's Challenge. Thank you very much for honoring us like this. The real honor goes to everybody else within our department who has allowed us the time, given an extra effort to -- so we were able to go to this competition. If it wasn't for them, we'd have a hard time practicing and actually putting our best foot forward for the County. So to everyone in our department, thank you very much. CHAIRMAN COLETTA: Thank you. Commissioner Henning? Item #3C PROCLAMATION RECOGNIZING COMMISSIONER JAMES D. CARTER AND MR. CLARENCE TEARS, JR., FOR THEIR EFFORTS AND HARD WORK ON THE WATER SYMPOSIUM- ADOPTED COMMISSIONER HENNING: Thank you. Commissioner Carter, you could sit where you're at or you could stand up from. CHAIRMAN COLETTA: Well, let's put them up front, Commissioner Henning. COMMISSIONER HENNING: Front and center, please. CHAIRMAN COLETTA: This is appropriate. COMMISSIONER CARTER: Is Clarence Tears here? COMMISSIONER HENNING: Clarence Tears couldn't make it this morning, so we're going to save this proclamation -- COMMISSIONER CARTER: Okay. COMMISSIONER HENNING: -- his section of it. Go ahead and get started. Whereas the Collier County Water Symposium of was created to form a comprehensive understanding of a complex and vital, important water resource. And whereas the symposium brought together scientists, engineers, decision makers all facets of State Page 14 May 28, 2002 coders to promote and an understanding of water issues facing Collier County today and in the future. And whereas this sharing, understanding will help further cooperation of matters relating to preservation and protection of Collier County and Florida's water supply. And whereas Commissioner James D. Carter and Mr. Clarence Tears organized the importance - or recognizing the importance of a critical need of-- for education and awareness through community work tirelessly to organize and promote this symposium and for the benefit and welfare of all the citizens in Collier County. And whereas Commissioner Carter and Mr. Tears have helped to provide coordinated decision-making framework to enhance the cooperation among jurisdictions, agencies and state coders. Now, therefore, be it proclaimed that the Board of Commissioners of Collier County Florida, that Commissioner James D. Carter and Mr. Clarence Tears be recognized for their extraordinary efforts in the creation of the water symposium as well as their efforts to preserve and enhance our water supply, protecting the quality of life for all residents who reside in Collier County. Done on this day, the 28th of May, and signed by our Chairman. Mr. Chairman, I move that we approve this proclamation. COMMISSIONER COYLE: Second. CHAIRMAN COLETTA: Motion by Commissioner Henning, second by Commissioner Coyle. All those in favor indicate by saying aye. Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: The ayes have it. Would you please face the cameras. COMMISSIONER CARTER: I forgot. Page 15 May 28, 2002 CHAIRMAN COLETTA: A couple of words, Commissioner Carter, would be very appropriate. COMMISSIONER CARTER: Thank you. Different place for me. First of all, I do want to thank my Co-chairman, Clarence Tears, for an outstanding effort to make this such a successful event. It was hard work by the total community. I can't think of one section of this community, from education to conservationists to water management people to businesses and industry, that didn't participate in this event. It was a total effort. And to my knowledge, that's the only way you get things like this to work. The water, a finite a resource, is what we have to protect and continue to focus on how we're going to do it better and better. And it's just not a local effort. In the State of Florida, this will be the number one issue in the Legislature next year, the Council of one hundred, their number one issue this year. So you will find there's a great focus in this State on this finite resource, water. And so I congratulate this community, the one hundred families who are out there demonstrating how we can save water. And they are so proud to be a part of this, from wearing their T-shirts to requesting the Committee. They put a sign in their yard that says, "I am one of the one hundred out preserving and conserving water." So there's community pride in what we're doing here. And I think this is just atypical of what you can expect from the real people in Collier County. These are the folks that get up everyday, go to work, do their jobs and know that this is one of the greatest places in the world to live. So I thank you, Commissioners. I thank Clarence Tears and the Water Management District for all this effort to make sure that this is just the beginning. And tomorrow morning in a news conference, I will have the pleasure to make another announcement about the success of this Page 16 May 28, 2002 Water Symposium and how we are going to be involved at a State level because we are considered at this point on the leading edge in one of the leading counties in this effort in the State of Florida. Thank you. CHAIRMAN COLETTA: Thank you, Commissioner Carter. Commissioner Coyle? Item #3D PROCLAMATION PROCLAIMING JUNE 3-7, 2002, AS CODE ENFORCEMENT INVESTIGATORS APPRECIATION WEEK- ADOPTED COMMISSIONER COYLE: This next proclamation is going to be accepted by Michelle Arnold, Director of the County's Code Enforcement Department and, I guess, some other people. I'm not going to read the names of these people. They're going to stand back there? MS. ARNOLD: No, I want them to come up front. COMMISSIONER COYLE: Okay. CHAIRMAN COLETTA: Up front, please. Okay. COMMISSIONER COYLE: So when you see these people knocking on your door, you might recognize them. CHAIRMAN COLETTA: Please, line right up along the front here. Face the audience. COMMISSIONER COYLE: I didn't know we had so many code enforcement officers. Whereas the code enforcement officers provide for the security, health and welfare of the citizens in the community through the enforcement of buildings, zoning, housing, animal control, fire safety, environmental and other codes and ordinances. Page 17 May 28, 2002 And whereas code enforcement officers deserve recognition for the jobs that they do in protecting lives and improving neighborhoods as are emergency personnel such as police, fire and emergency medical services. And whereas everyday, assisted by support and program staff, they attempt to provide quality customer service to the public for the betterment of the community. And whereas too many times their efforts go unnoticed, even after code compliance has been accomplished due to their efforts and expertise. And whereas code enforcement officers are dedicated, well-trained and highly responsible individuals who take their job seriously and are proud of their department and the Local Government in which they serve. And whereas the Florida Association of Code Enforcement has declared the first week of June to be set aside by local government to honor and recognize their code enforcement officers. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County Florida that the week of June 3rd through 7th be designated as Code Enforcement Officer's Appreciation Week, done and ordered this 28th day of May,, Board of County Commissioners, Jim Coletta, Chairman. COMMISSIONER FIALA: Move to approve. COMMISSIONER CARTER: Second. CHAIRMAN COLETTA: We have a motion to approve by Commissioner Fiala, a second by Commission Carter. All those in favor indicate by saying aye. Aye. COMMISSIONER CARTER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Aye's have it 5 to 0. Move right over, please. Page 18 May 28, 2002 COMMISSIONER FIALA: Boy, you guys have a tough job, I'll tell you that. CHAIRMAN COLETTA: Yeah. I'll tell you that. These people get more criticism than the Commissioners. COMMISSIONER CARTER: Why isn't Michelle in the picture? CHAIRMAN COLETTA: Michelle, in the front, please. COMMISSIONER FIALA: There's somebody hiding back here. CHAIRMAN COLETTA: Front and center. And, little lady, if you can move up to the front, please. COMMISSIONER CARTER: Just raise your hand then. CHAIRMAN COLETTA: Just raise your hand so we know you're there. Thank you. COMMISSIONER COYLE: And, Michelle? MS. ARNOLD: Yeah. COMMISSIONER COYLE: You've got to take this with you. Thank you. MS. ARNOLD: Thank you, Commissioners, for recognizing my staff. I just want to say that although the proclamation says Code Enforcement Officer Recognition, I want to recognize my support staff as well. And some of those members of that staff is here. They do an excellent job. And as the proclamation states, they're quite often not recognized for the efforts that they do for our community. I also want to take this opportunity to thank them publicly for the efforts that they did and they participated in with the recent water emergency. The staff came in, you know, at short notice and spent many hours going out and informing the public, both knocking on their doors and calling different golf course communities and those types of things. And it's a perfect example of when my staff participates in an effort that we have success. Thank you. Page 19 May 28, 2002 COMMISSIONER FIALA: Thank you, all. CHAIRMAN COLETTA: Back to work. I tell you, Michelle certainly does a wonderful job. And her staff behind her, I can understand how we've been so successful. Commissioner Fiala, now it's your mm. You're going to be the main presenter for the service awards. COMMISSIONER FIALA: Okay. Item #4 EMPLOYEE SERVICE AWARDS- PRESENTED MR. OLLIFF: Chairman, as the Board's making their way down to the floor, I'd take the opportunity to call up your first three awardees, which were all five-year attendees. This morning we're recognizing Jo-Anne Varcoe-Leamer of Administrative Services, Emma Gifford from Road and Bridge and Jeffrey Letourneau from Code Enforcement. Mr. Chairman, this morning we also have the privilege of recognizing two ten-year awardees and Glen Miles with your Facilities Management Department and Jacqueline Loy of your Emergency Medical Services Department. Mr. Chairman, we're also recognizing this morning a 15-year awardee and Steve Ritter with your Transportation Engineering Department. Mr. Chairman, last and then we have a rare opportunity this morning to recognize a 30-year awardee, Cecilia Martin our CC with your Planning Department. Mr. Chairman, that's all your awardees this morning. As if you can tell, CC started when she was about eight. Mr. Chairman, as you're making your way back to the podium. I'll also tell you why he's no longer in the room. I'm sure he's still out Page 20 May 28, 2002 in the hallway. Today is Skip Camp's birthday. So you have all the free reign to get at him a little bit during the day. COMMISSIONER FIALA: Today is it? MR. OLLIFF: It is, Mr. Camp's birthday today. COMMISSIONER CARTER: Well, why is he hiding out in the hall? MR. OLLIFF: Because it's his birthday, Mr. Commissioner. COMMISSIONER CARTER: Come in here and we'll all sing Happy Birthday. Item #5A- Continued to June 11, 2002 CHAIRMAN COLETTA: Okay. It's my turn now. Julie Allen, are you in the audience, please? Julie? Well, regardless if she's here or not, we're still going to make the presentation or is she just a little bashful? MR. OLLIFF: No, I don't think Julie's here. She was supposed to be here, Mr. Chairman, and we'll just continue this one until your June 11 th meeting. Item #6A PUBLIC COMMENTS ON GENERAL TOPICS CHAIRMAN COLETTA: That's fine. That sounds fine to me. Okay. Now we're going on to the public petitions and comments. How many signees do we have? MS. FILSON: We have five. CHAIRMAN COLETTA: Five, six? MS. FILSON: We have six. CHAIRMAN COLETTA: We have six. Why don't we -- Page 21 May 28, 2002 COMMISSIONER CARTER: This is on public comments; is that correct? CHAIRMAN COLETTA: That's correct. COMMISSIONER CARTER: Thank you. CHAIRMAN COLETTA: And would you call the first one, please. MS. FILSON: Yes, sir. The first speaker is Mr. Kenneth Thompson, and he will be followed by Bill Odah. CHAIRMAN COLETTA: Mr. Thompson? MS. FILSON: Mr. Bill Odah. And he will be followed by Lowell Johnson. CHAIRMAN COLETTA: The first gentleman whose name you called, put him at the bottom of the pile .just in case he does show back up in the room so we give him every opportunity. MR. ODAH: Commissioners, my name is Bill Odah. And I'm here on behalf of the Property Rights Action Committee. Arising out of the meeting that was at the Civic Association a week or two ago, there was a question of exactly how much money they were willing to pay for land in the ROMA District. And so in order to clear up that question, we went to the ROMA documents and we discovered-- I think if you have a copy of this up there on sheet two, we discovered that for each project from 1 through 11, starting off with 456 acres at a total budget of 1,368,000 that would mean it would be three thousand an acre for the first two projects, then going up to 3,500 an acre, and then going up to 4,000, and so on and so forth. And after checking into this, these numbers didn't seem to ring true with what was going on in the area. So we went ahead and we did a research on the MLS sales for the last quarter, which appears on page One, Exhibit B and Sales Pending Under Contract, which have not closed yet, and then on Page 22 May 28, 2002 the next page then the MLS listings properties for sale. And after averaging the results of these three things, we came up with $9,623 per acre as a starting point for the average value of land today in the ROMA area. So based on that, we rounded it down to 9,000, if you look at Exhibit C. And the bottom line is, we come up with a total projected cost, according to ROMA, to acquire land of $33,013,000 when it actually -- the actual market value is $99,039 -- or 99,000,000, I'm sorry, $39,000. So there seems to be quite a great discrepancy here. And we felt that it was necessary to bring this to your attention before this property gets taken off the tax role, because it is potentially valuable property and it's increasing in value all the time. And that concludes my statement. CHAIRMAN COLETTA: Yeah. Just one comment. If this is the case, they shouldn't be able to buy zero acres of property, because who would want to sell their property for less than it's worth? MR. ODAH: Exactly. CHAIRMAN COLETTA: Yeah. I'm kind of at a loss at this why they're even proceeding if this is all true to fact going down the line, right? MR. ODAH: Right. CHAIRMAN COLETTA: I would assume that if it would be market value or above, you would have to have a willing seller. And I can't picture anyone out there that would sell for a third of its value or half its value. MR. ODAH: Well, I certainly wouldn't, CHAIRMAN COLETTA: Yeah. Unless somebody's going to do that, I imagine they'd make it a donation -- MR. ODAH: Right. CHAIRMAN COLETTA: -- and write it off their taxes, right? Page 23 May 28, 2002 MR. ODAH: Right. Okay. Thank you. CHAIRMAN COLETTA: Thank you very much for bringing this to our attention. COMMISSIONER FIALA: This was an excellent -- presented to us. CHAIRMAN COLETTA: It is. Very good. COMMISSIONER FIALA: Thank you. Next? CHAIRMAN COLETTA: I'm sorry, Commissioner Henning? COMMISSIONER HENNING: Commissioner Coletta, I think the concern here is what happened similar in the South Blocks of' Golden Gate Estates where a lot of people, somebody would say that they were raped of their land of devaluing their property. And is this the same thing that is projected from the Soil and Water if that's how they're going to get the land is devalue it and then purchase it? CHAIRMAN COLETTA: Well, I appreciate those comments. And, of course, neither you nor I can represent the interest of Soil and Water. But they have made a firm promise that if this was to go forward, they would make it part of their document where it was never in the document that went forward for the Picayune State Forest in the South Block. They'd make a part of it that would be a willing seller. That's why I'm kind of at a loss why they're proceeding with the idea that they're going to buy land at a third of its value. I don't see that happening. But it's a good comment to make. One of the nice things we got going for us, when it comes to the South Block now in the Everglades and the restoration, we're going to have two people there representing our interest in the form of Tom Olliff and Pam McKie, who I'm sure they're going to make sure that the people that are remaining get true value for their lands that are still in the South Block that remain to be sold. I had to get that in real early, Tom. Page 24 May 28, 2002 COMMISSIONER CARTER: Just put a big target on his chest. You better get out of Dodge, Tom. MS. FILSON: Next speaker is Lowell Johnson, and he will be followed by Linda Hettinger. MR. JOHNSON: Good morning. I've been asked to come forward. I'm a-- first of all, I'm a realtor. I've been in the real estate profession since. I specialize in land out in Golden Gate Estates, and I have acquired a reasonable amount of knowledge on the subject matter in sales and purchases. Over the last year and a half, I have denoted a measurable amount of increase in value of land in Golden Gate Estates. It has gone through the roof. Lots that were the smallest parcel that we have out there is one and a quarter acres, and those one and quarter acres a year and a half ago were going for in and around -- those that are buildable. Now, I want to make clarification on that. I'm not talking about lots that are inundated with melaleuca trees and cypress trees and so forth and low lots that have been on the market for sometime and no one's going to buy them. I'm talking about buildable lots. And I work with a variety of the builders on 951 -- or Collier Boulevard now. And I have been noticing a major amount of increase in the last year and a half of values that have gone -- lots that were one and a quarter acre, lots to $7,000 a year and a half ago are going for twice that amount are going for to $15,000. I am selling lots to builders for inventory purposes because of the wetlands issue that has come about in the last year and a half, two years, that has made it extremely difficult to finalize on lots for people who are -- this is the blue-collar area, primarily. I deal with blue-collar workers. And out in Golden Gate Estates -- I just want to throw in a comment that anything that is a negative to these people Page 25 May 28, 2002 who are so hard-working people -- I live in Golden Gate City, and I consider myself a blue-collar worker. And anything that is presented by any committee that is a negative to people being able to buy land out in Golden Gate Estates is a shame. I've been asked to give from the Right's Action Committee my knowledge on the subject matter to verify what Mr. Odah said in regards to $9,000. Well, those lots that are buildable that are of value from Everglades Boulevard to DeSoto in the ROMA area are easily on an average to $15,000 value. Thank you. MS. FILSON: Linda Hettinger. She will be followed by Ty Agusta. MS. HETTINGER: Good morning, gentlemen. My name is Linda Hettinger, and I'm Vice President of Property Right's Action Committee. And first of all, I want to concur with what Mr. Odah and Mr. Johnson said. And I am here to speak also on the ROMA on a little different area. Number one, what Mr. Henning said is correct. And one of the problems with designating this, if it is designated a ROMA area, is that our property right's values could go down due to this. The people will be afraid to purchase land in here due to the restrictions. And this could cause a value of our land to go down. And this is one of the reasons we had this report made up so that we can refer to it, later on improve, if this happens, prove that our values have gone down due to this designation. Another thing I'd like you to think about, I realize that you people have nothing to do with designating this as ROMA, but I think you should be aware of some of the problems and the ideas that we're focussing on. ROMA, we don't understand why the ROMA is being put into an area that is developed with many family homes and is continuing to develop. It seems to me that this is the wrong place to have a ROMA. And also, it is one of the highest areas in elevation in Page 26 May 28, 2002 Collier County. Collier County goes from 0 to 18 feet. And the ROMA area is 11 to 14 feet. So it's one of the highest elevated areas of sea level in the County, which is to my way of thinking, is the wrong place to try and restore the historic water flow and restore wetlands. Another thing is that I think that if you look on the map, that a good place for the ROMA would be directly east of Golden Gate Estates. There are few homes there, if any. And that has been historically a much lower area. And this would be a good place to have a ROMA area. The only place that would be over there that would be affected would be the Ford Motor track, but I think they could be accommodated with some diversionary waterways. These are answers and solutions and problems which we, as the staff members, are looking at. And we are going to present them to the Soil and Water Conservation people. Thank you. MS. FILSON: The next speaker is Ty Agusta and he will be followed by Bob Krasowski. MR. AGUSTA: Good morning, ladies and gentlemen. I'm the President of Tax March of Collier County. I'm also on the Board of Property Right's Action Committee. Yesterday our friends at the Naples Daily News, Bill the straw man -- I'm sure you're all familiar with what a straw man is. It's a diversion or a misdirection. They're directing the attention of the hundreds of people actively protesting the establishment of a ROMA and established this poor guy, Lester, as a single, evil developer. I was invited to two meetings by a Morales family. They live off DeSoto, I think th Avenue. There were several hundred people there. A lot of them talk funny like me. But the fact of the matter is, none of you attended. The second meeting they had two television cameras and the Naples Daily News did not attend. You know, to be perfectly honest with you, the structure, as the gentleman presented, Page 27 May 28, 2002 is very similar to the way the Southern Blocks were acquired, flow the low price, flush out the number of absentee owners. You know, I lived in New York City for a hundred years. Everybody's talking about those fast-talking New Yorkers. Jesus Christ, those guys walked on water compared to what happens in this County of well-to-do, highly educated people. How could we allow? Now, you point fingers to the Soil and Water Conservation Group. That gentleman is talking about, "Oh, no, we are only dealing with willing sellers." We don't have the power for Imminent Domain. You know, this is a rather aggravating answer. Any lawyer can tell you that other than the Federal and the State Governments, nobody has Imminent Domain problems other than what gets delegated to them by the Governor. And you can acquire that a good example of it is what happened in Southern Golden Gate Estates where the Environmental Protection Agency gained the power for Imminent Domain. And today they're doing exactly what they promised they'll never do, similar to what they're being promising today that they will never do. They will only deal with willing sellers. This is not true. They are -- today, right next door in the courthouse, there were Imminent Domain proceedings against people owning property in Southern Golden Gate Estates. Ladies and gentlemen, shouldn't we have a little conscience? You are essentially, to quote you, Mr. Carter, "screwing people." Whether you got up this morning or not to do so, the fact of the matter remains that you're taking advantage of these people, many of whom do not speak the language. They are Cuban or Mexican or whoever. But, you know, I fought a revolution when I was a very young -- a youngster. And nobody came to help. When I came to this country and I was getting a little older, I swore that any time I see Page 28 May 28, 2002 someone who needs help, I will get up and help. I wish you would do the same thing. Thank you very much. MS. FILSON: The next speaker is Bob Krasowski, and he will be followed by Kenneth Thompson. MR. KRASOWSKI: Good morning, Commissioners. Good morning, Staff. I raise in this section here of the Agenda 6-A to ask - - my name is Bob Krasowski, for the record. To ask a question-- I'll be in front of you at 6-C in a few minutes, but this isn't included in my presentation. So I would just like to know, I have in front of me a document that is an Executive Summary of some action that you voted on and passed a little while back. But there's -- I don't quite understand what's in here and how it relates to how we're a Solid Waste Master Plan. I was told that our Solid Waste Master Plan would go out for bid and it's -- I checked the video on that meeting last night and it was, in fact, said that it would go out for bid. So I would like to ask the Solid Waste Director, whomever, I notice he's here, Mr. Yilmaz. Is the -- under the Task Five, Additional Services of this Executive Summary, has the Solid Waste Master Plan Assignment Contract been given to our consultants for other Solid Waste issues, Malcolm Pirnie, or not or is the Solid Waste Master Plan still yet to be assigned or RP'd, requested proposal? COMMISSIONER HENN1NG: Mr. Chairman? CHAIRMAN COLETTA: Yes, sir. COMMISSIONER HENNING: If I may, if we already -- if it's on the Consent Agenda and it's staying on there, these people are here for other reasons. So maybe you can get together with Mr. Yilmaz. MR. KRASOWSKI: This isn't on the Consent Agenda. COMMISSIONER HENNING: Okay. It's on the regular agenda? MR. KRASOWSKI: It's not on any agenda and that's why I'm up here on this. If it was on the agenda, I'd get up during the item on the agenda. And this is the question as to whether or not -- okay. Page 29 May 28, 2002 This is public comment on something that's not on the agenda. Has the Solid Waste Master Plan been assigned to anyone? Or as our understanding, as expressed to us at another meeting, is it still an item that is up for request proposal? CHAIRMAN COLETTA: Mr. Yilmaz, would you come up to the podium and see if you can answer this question. MR. YILMAZ: For the record, George Yilmaz. Our Conceptional Plaster Plan has been assigned to Malcolm Pirnie in the form of work order. MR. KRASOWSKI: When may I ask, Mr. Yilmaz? CHAIRMAN COLETTA: I'll allow you the privilege - MR. KRASOWSKI: Thank you. CHAIRMAN COLETTA: --of asking, of course, the remainder of your time. MR. KRASOWSKI: Mr. Yilmaz, when was that done? MR. YILMAZ: I don't remember a specific date, but that was done as a follow-up to our Solid Waste Workshop at Top of the Hill. And we had a chance to present the Board with two items, and that as part of that General Solid Waste Conceptional Master Planning, along with Financial Master Planning, was authorized by the Board for staff to use one of the utility engineering firms and Malcolm Pirnie as being one. COMMISSIONER HENNING: Mr. Chairman. MR. KRASOWSKI: I'll pursue with Mr. Yilmaz as you had suggested, Mr. Henning. But I'll make this comment now that we were told, even promised, that the Solid Waste Master Plan contract would not be given unless there was an RFP involved. We have that on videotape. You Commissioners are new Commissioners and mentioned often that this is a new day in Collier County and you're looking to establish yourself with public trust. We follow what you tell us. And Page 30 May 28, 2002 if other things happen behind the scenes, it doesn't sit well with us. I just discovered this as a result of some interaction between some people and-- COMMISSIONER CARTER: Well, right now, Mr. Krasowski, I think you're accusing us of something. I would have to review those tapes. I would review it with staff, and it may be your perception. MR. KRASOWSKI: Right. COMMISSIONER CARTER: Or it may be a reality. MR. KRASOWSKI: Um-hum. COMMISSIONER CARTER: But at this point, I would prefer you didn't accuse this Board of County Commissioners of doing something that we're not doing. MR. KRASOWSKI: Well, I'm suggesting that there is a difference between what we were promised and what we were told and what's on the tapes and what has occurred. So, yeah, I'd want to call it accuse and get to that level. But I certainly do want to identify our concern about what we perceive to be some incongruous activity, you know. Okay. So, thank you. CHAIRMAN COLETTA: No, thank you. One thing we always do is allow you the opportunity to be able to speak from that podium and ask the hard questions that you want to ask. MR. KRASOWSKI: Yeah. And you go beyond what, you know, the basic requirement is in letting me pursue questioning. And thank you, George, for your clarification. MR. YILMAZ: Commissioner, one point of clarification. The only thing that comes to my mind that I recall, we talked Waste Stream Analysts and characteriztion study potentially being looked into, awarded in the form of PFP or looking at some other contractors. Page 31 May 28, 2002 As far as Conceptual Master Planning goes, our consultant, Malcolm Pirnie, Inc., has done great deal of work and we have invested great deal of money for them to process from where we were from the top of the landfill where we are today. And therefore it only makes sense. And it's prudent to not repeat those investments with other consultants. There is a lot of working knowledge that Malcolm Pirnie brings on table all the way from Lee County. As you recall, Malcolm Pirnie started with looking into Lee County incineration potential option. And they came back and said, "That's not a good option for County." They also came back before this Board and recommended, "No mass burner and incineration option." So having said that, I don't know where Mr. Krasowski is coming from. But the point here is there are efficiencies, cost effectiveness and continuation of one primary contractor to Solid Waste Program. And again, we find that to be essential. However, we do work with other consultants. We engage in CDM. We brought Dr. Monica Azaris on board as our Composting and Biocycle Consultant. So it's not just Malcolm Pirnie. We're working on everyone who can provide us the best information that we can share with you. CHAIRMAN COLETTA: Thank you, Mr. Yilmaz. MR. KRASOWSKI: Mr. Commissioner, I don't have the time to go into where I'm coming from with Mr. Yilmaz, although I've spent over a year interacting with him on the very specific issues here. I just wanted clarification on where we stand with this Solid Waste Master Plan. And I will say that part of Malcolm Pirnie's direction has been as a result of a diverse input from people in this community including the premiere recycling advocates in Collier County, Zero Waste Collier County. CHAIRMAN COLETTA: Thank you, Mr. Krasowski. MR. KRASOWSKI: Thank you. Page 32 May 28, 2002 CHAIRMAN COLETTA: Mr. Olliff?. MR. OLLIFF: Just quickly. Mr. Krasowski's raised a specific issue. We'll get with Mr. Krasowski on that particular issue. CHAIRMAN COLETTA: Thank you. MR. OLLIFF: And we'll also provide you a response in writing. CHAIRMAN COLETTA: Thank you very much. MS. FILSON: Your final speaker is Mr. Kenneth Johnson. MR. JOHNSON: My name is Kenneth Johnson. I live at Becca Avenue. You know, Mr. Carter, I knowed Mr. Olliff was quitting. And I wish you wouldn't accuse him of raising the taxes, the sales taxes. You did that. You know, you're an awful good person. I really appreciate you being a County Commissioner. Tom Olliff did not raise no sales tax. He's in Collier County, knows -- just as soon as he gives resignation, you come up here and you told in the newspaper that Tom Olliff raised the taxes. COMMISSIONER CARTER: I stand to be corrected, sir. I never said Tom Olliff raised anything. MR. JOHNSON: All right. Forget it. I'm an easygoing person. I'll let you get away with it. Thank you. COMMISSIONER CARTER: Just for the record, sir. MR. JOHNSON: But I want you to do another thing for me, please, sir. I live at Becca Avenue. And Ersila E. Thompson does not call Code Enforcement on anybody. She's the co-owner of that property. I wish you would have Code Enforcement to leave my wife alone. What I do is something else. It's my -- I'm going to clean it up. I don't care what you do. I don't care what Don Hunter does. Until you straighten him out, I've got here -- I've been to every sheriff's department you can -- he turned these cops against me. He gets on the door-- he gets on nationwide TV and he tells everybody that he didn't get the in people all stirred up, that he's going to send them Page 33 May 28, 2002 back to where they come from. Well, he's right on TV. Then he gets over here on these steps and lies about it. I don't know. Somebody has turned these Latin people against me. I can't go anywhere but a hospital bed anymore. And I've got much more to cut on, because it's all -- (Video sound went out.) CHAIRMAN COLETTA: Would you, please, continue. And I apologize for the interruption. We do have our audio back. We corrected the technical difficulty. MR. JOHNSON: No, don't never apologize for nothing that will catch up with you. But anyway, this Don Hunter, I have been to Captain Lanier. We had a conference with Lieutenant Riley -- I mean Lieutenant -- I wish he was back, Lieutenant Scott Anderson, which has got the worst mouth of any hog pen I believe I've ever seen about me. I known him when he went on this force at 17 years old. And I'm not all the things he says I am. And I'm going to tell you until somebody does something about Don Hunter and his entourage of pickpockets -- and I don't like saying this about nobody. And now for ten years -- it will take me ten years to apologize and get over this. But I'm going to tell you, I went -- there's Captain Bloom. There is Captain Weeks. You go to talk to these people, and then there's Lieutenant Craine. He told me he'd take - take the people and put them over there in this area and stop this high rate speed on Becca Avenue. Well, he drove up, turn around and left. Now, that's really doing a good job. And if you want to find them, I got myself in bad trouble with PBR. I was told by some of the people that if I didn't turn these deputies in of what they were doing and this, that and the other, that I never would get nowhere. I got two -roll gate fences, a roll gate. I have to -- when I call them sometimes, I've had to stand back from these fences to keep these guys from punching me in my Page 34 May 28, 2002 face and beating me with flashlights. This is the truth, so help me God. And I hope nobody holds- I called them this morning. And right across the street from me on the 17th day of this month they held a drug charge, a drug raid. I called this morning to find out if this man was still in the jail. And he has a $565,000 bond. And this is the kind of people I have to live in front of. I don't like slum lands lord. And I don't think people in the county- CHAIRMAN COLETTA: I'll have to ask you to wrap it up. MR. JOHNSON: -- like people what I do. I ask for ten minutes, sir? If you'll just give me another -- CHAIRMAN COLETTA: No, ten minutes we can't allow. It's five minutes maximum on this. But if you'd like to make closing comments, you're more than welcome. MR. JOHNSON: I just want you to, please, if you don't do nothing else in your life is to stop Code Enforcement against my wife. She owns the property. I don't own nothing. I own a lot of property, yeah, a lot of it. I got the deeds. I don't owe you nothing. I don't owe nobody nothing. I pay you my taxes. But until -- I just reside there. That's all I do and try to keep the property in nice- looking shape. But what I want you to do, if it's not her that calls that number in, please don't bother my wife anymore. She's a nervous wreck. She's over here in the nursing home doing people's hair. She will follow her customers to the day they die. I'll tell you that. CHAIRMAN COLETTA: We thank you for that, very much, sir. But, please, leave my wife alone. Just pick on me, will ya? COMMISSIONER CARTER: Okay. MR. JOHNSON: I would appreciate that. CHAIRMAN COLETTA: Thank you. MR. JOHNSON: And, Mr. Carter, I didn't mean any harm. COMMISSIONER CARTER: It's all right. Page 35 May 28, 2002 MR. JOHNSON: Okay. COMMISSIONER CARTER: You have a nice day. MR. JOHNSON: And there's one dead tree, Ms. Fiala. If you would get it moved off the front of my property -- or her property, I would appreciate it. You seem to be the only lady to get things done for me. CHAIRMAN COLETTA: Thank you. Next speaker. MS. FILSON: That's your final speaker, Mr. Chairman. Item #6B PUBLIC PETITION BY WILMA BRITTON TO DISCUSS PERMITS AND ENCROACHMENT PROBLEMS IN HENDERSON CREEK CHAIRMAN COLETTA: Okay. Then we'll go on to the public petition. And the first one is William Britton. COMMISSIONER COYLE: Wilma. CHAIRMAN COLETTA: Wilma. MS. BRITTON: Good morning. My name is Wilma Britton. I live at 9-A Duncan Lane, Holiday Manor. First, I would like to thank you for giving me the opportunity to be here to explain my problem. On February the 12th, 2002, I received a citation from Code Enforcement to remove trees and bushes or get a permit in the Collier County right-of-way alongside Henderson Creek Drive. I checked into getting the permit and was told that they had to be at least five feet beyond the right-of-way and it would be pretty costly. So I decided to take them out and restore alongside the road. Then on April the 4th, 2002, I received two more citations, one to remove my new storage shed I had received a permit for and it was already CO'd on November 29th, 2001. This storage shed was a Page 36 May 28, 2002 replacement and it was installed in the same place where the old shed was. I was not aware at this time that it was a County right-of-way. I have lived at this location since March of '93 to the present time. I purchased a share in the coopt from Robert and Leo Kavin when the park became a coopt. At no time was the residents informed about a right-of-way. At the time I purchased, we were told what we seen was what we got. That was a mistake. The second citation stated that I was to move my trailer and part of my carport. My trailer has been on that location for over 27 years. My carport was permitted on May 5th, 2000, and CO'd on May 15, 2000. As of this date, I have moved my storage shed and removed the bridge walkway across the ditch. If I have to move my trailer that's been there for 27years, I will lose my home, since there is no way it can be removed without destroying the whole place. I have always tried to abide by the codes and hire a builder to get the codes and the permits. My question is, why after all these years that we find out about right-of-ways and have surveys that are not checked out before trailers or anything are placed on them? I am not the only one who's had plants and trees on the right-of- ways. We have one person who has a driveway across the right-of- way and several who have screen rooms and plants on both sides of Henderson Creek Drive but was not asked to remove those. There are two RV's on the right-of-way on Henderson Creek ditch. I'm here to ask you as a Committee, would you, please, allow me a variance on my trailer and my attached carport? At this time I thank you for your indulgence. COMMISSIONER CARTER: Mr. Chairman, Mr. Olliff, can we address this? It seems like it's an older community where this is not the only issue. AndI think we need to work with this person to help her through this issue. But I think that we're going to find that Page 37 May 28, 2002 there are more issues in there. And I think we just need to find a way to deal with it in total to help people who've been living in a place for 27 years. I think it's kind of-- well, to me, it's not very logical for me to come back and tell you you got to move it after you've been there for 27 years. Now, if you sold it, then that's different, because it's a -- MS. BRITTON: I haven't personally lived at that location. I've lived there for ten years. But I purchased it and it was sitting there then. COMMISSIONER CARTER: Right. MS. BRITTON: And it's been in that park since. COMMISSIONER CARTER: Okay. CHAIRMAN COLETTA: Commissioner Carter, this is the same one we've been working on for some time. And it's not an easy situation as where do you make the exceptiOns? I believe on one point, we were looking at something in the way of a variance that was going to be able to encompass all the minor infractions that existed out there. Would you care to comment on that, please, Mrs. Arnold? MS. ARNOLD: For the record, Michelle Arnold. Yes, we are working with the Association's President, John Juliano, to look at the entire park and whether it's a variance for certain structures or nonconforming use alteration. Whatever that appropriate permit would be for to recognize all these properties, we're going to look into it. CHAIRMAN COLETTA: But one question, if I may: What happens in the meantime with the violations that are placed against? MS. ARNOLD: Well, Ms. Britton's is a little bit more unique than the rest of the park because we're dealing with a right-of-way. And we didn't discover that encroachment problem until there was some surveying work done for the County along Henderson Creek Drive. Page 38 May 28, 2002 So the way that she can resolve that is with her own variance, or we can look into whether or not we can incorporate her encroachment with the rest -- CHAIRMAN COLETTA: And a variance cost $2,000. MS. ARNOLD: Right. CHAIRMAN COLETTA: And I don't think it would be fair for someone that's been living at a continuous address for as long as she had to have to bear that if we could possibly consider putting it in. Joe? MR. SCHMITT: For the record, Joe Schmitt, Administrator, Community Development Environmental Services. What we really have here is somewhat of an encroachment, and I understand Ms. Britton's concern. Actually, her original trailer, which is -- this is the configuration, the outline which kind of shows how her trailer has expanded. I've gone back through the records. We're currently still looking at the records. But what was once permitted as a screened-in porch was later enclosed, insulated and electrical wire installed, which later became part of the trailer. And then there was a second permit issued, which again was for screen enclosure on the other side. And basically, what was once the original trailer has grown into almost a double-wide type of structure. And what exists out there - this is a copy that shows the stake right here. This was the shed that was installed. And, Commissioner Coletta, if you recall, this issue was raised to you and my understanding this is a coopt. So there's really no platted individual pieces of property. It's basically a coopt where they maintain their ten-foot easements between what is defined as their property line, but it's not a platted property line. So it's pretty much that the Homeowners Association has to implement the rules and regulations. So when we went out there after several complaints back and forth, specifically in this part of the trailer park or that area Page 39 May 28, 2002 and we went back, that's when we discovered actually that what had happened is on this site here, in the greened-in portion were all the areas, that basically through enlarging of the original manufactured home or trailer, has become- it was enlarged, encroached into the County's right-of-way, and that's when we cited Ms. Britton. Of course, she can come in and apply for a variance. But there are certain structures I know that have been removed. And we're currently going back to look at the records so we can at least understand what was permitted and the aspects of how it was permitted and CO'd. CHAIRMAN COLETTA: Don't go away. Commissioner Henning first, then Commissioner Coyle. COMMISSIONER HENNING: Michelle Arnold answered my questions. Thank you. COMMISSIONER COYLE: My question really is a procedural question: Isn't this really a petition to place this variance request on a future agenda? MR. SCHMITT: Yes. COMMISSIONER COYLE: This is a far more complex issue than has been presented in this particular complaint. And I would suggest we just try to make a determination as to whether we place this on a future agenda for discussion and then try to get the details at that point in time. MR. OLLIFF: My suggestion to you would be, rather than doing that, because this is, as Mr. Schmitt has outlined, one unit within a much larger coopt so that if all the coopt owners are together, then there is really a single property here that we're dealing with. My suggestion to the Board would be that you direct us to go back and look and see and work with the park ownership or association, if you will, and see if there is any possibility of us Page 40 May 28, 2002 trying to develop a single variance petition since it is a single property, in essence, to see encroachment-type issues. issues for individual units. if we can't deal with any and all of these And there may be some variance-type There might be some right-of-way permit-type issues that we can all roll up into the same single application. And if then there are certain individual cases that can't be covered by this single application or permit, that's when I would suggest that we might have to bring something back for you to consider. But until we look at that, that would be my suggestion to you. CHAIRMAN COLETTA: Mr. Olliff, I've seen four nods up here so far-- MR. OLLIFF: Okay. CHAIRMAN COLETTA: -- directing you to do so. MR. SCHMITT: We need to involve the neighbors as well, because there's an ongoing dispute back there; as you well know -- CHAIRMAN COLETTA: Right. MR. SCHMITT: -- that has involved other neighbors. CHAIRMAN COLETTA: And I would very much like to be aware of the public meetings that will be taking place and be able to be a part of it. MR. SCHMITT: Okay. CHAIRMAN COLETTA: Next speaker. MS. FILSON: There are no speakers for this item. Item #6C PUBLIC PETITION REQUEST BY BOB KRASOWSKI TO DISCUSS SOLID WASTE SYSTEM DESIGN ISSUES Page 41 May 28, 2002 CHAIRMAN COLETTA: Well, no. I think we're still on public petitions. We were the two public -- COMMISSIONER CARTER: We got Mr. Krasowski, I think. CHAIRMAN COLETTA: Bob Krasowski. MR. OLLIFF: He left. CHAIRMAN COLETTA: No, he's here. COMMISSIONER COYLE: We're on item 6-C, Bob. MR. KRASOWSKI: I never learn how to use this thing. They always make these things too big to zoom out. Good morning, Commissioners. Good morning, Staff. For the record, my name is Bob Krasowski. Before I even start, I want to thank the Solid Waste Department, Public Utilities, Department of County Managers Department for all the positive interactions they've provided for us. And I'm representing Zero Waste Collier County. Zero Waste Collier County is a group of civic-minded people who have taken an interest in the County's Solid Waste Program. Some of us have been involved in this struggle since the early '80's. And I say "struggle," because on many points there are two distinct sides to the issue, the Zero Waste approach on the one hand and the incineration pyrolysis as a poor technology approach on the other. We, Collier County, that's you and me, all of us, have recently been spending a lot of time and effort and money evaluating the pyrolysis option. And no doubt we have the right consultant for that part of the project, Malcolm Pirnie. Malcolm Pirnie is nationally known for the million incinerators and landfills they have helped site. The incinerator most familiar to us is the one in Lee County. Malcolm Pirnie was at the genesis of that project. And anyone can correct me if I'm wrong, I do believe they still have a role as a consultant in Lee and are involved with evaluating the expansion of that incinerator. Page 42 May 28, 2002 Well, with the analysis of the large centralized machine, the pyrolysis option, drawing to a close, your technical team is evaluating the three responses to your request for proposals on gasification. And you will soon receive a report from them. We, on the Zero Waste side of the equation, seek your endorsement, even your financial support, for our project to bring methods, technics and design strategies of the Zero Waste Program to Collier County. Our desire is to conduct a Zero Waste Symposium much like the Water Symposium shepherded by Commissioner Carter on our behalf as you well remember just this morning. Commissioner Carter was acknowledged for the great job that was done in that regard. It is essential to the success of a symposium that is of such a symposium, that is to be conducted, as -- that it is to be conducted as an independent effort and to the degree possible concurrent with your present activities. As Zero Waste advocates, we join many others around the country in support of a Zero Waste Management strategy that features, and I've listed them here, most of you are familiar with them, waste minimization. Now, in Collier County, I'll go into what is happening now and what will be happening in the future, possibly under Zero Waste. As -- let's see. Okay. Waste minimization -- many successes of waste minimization are presented in the folder. The Zero Waste Issue Brief that I distributed amongst you the week before last, I came to visit all of you and we had brief conversations on this issue. And I'd refer you to that to see successes in that regard. Reuse, we can improve our reuse of discards. It is a sin how much of what is useful is thrown away. Third, recycling. I wonder if we could find one person who doesn't know about recycling. And right now in the County, our residential recycling operation has one small container for recyclables, one large container for Page 43 May 28,2002 garbage. It should be the other way around. Or we could get the smaller than the big gallon containers that are tipped, full of garbage. There's a smaller version that's available to people. We could give people one of each, one for recyclables and one for garbage. Our commercial recycling effort is on the verge of attention. If-- you'll be looking at it today. The discussion will come up in a little while today. It's on the agenda. And we know that percent of the materials going into the landfill are coming from the commercial waste stream. It's important that we attack aggressively what's available as far as recycling in that waste stream. Number four, composting. We have a great opportunity here to manage our organic waste materials by composting, not MSW composting, that's the general waste stream, but clean composting of food and horticultural debris and sludge materials. And then fifth, there's examples of processing leftovers before they are put into a stabilized landfill. I won't go into that now. I have limited time, but this reduces odors and leachate problems at the landfill. And you're going to have a landfill no matter what, a process you go with. At least for the -- not, you know, in the distant future. I'm here today to appeal to you to take action to direct the situation so the Zero Waste Collier County can assemble a team of knowledgeable and talented people to analyze our situation and apply Zero Waste models and techniques to the development of a Waste Management Program that can be used for our County, for our County Staff, for a comparison to the present effort. We want this to be done entirely under the purview of the Solid Waste Department of Mr. Yilmaz and the others involved there. What we do request is that it not be done as part of the Malcolm Pirnie work. No disrespect to them, but we perceive them as having one perspective on the whole issue. And we'd like to see the Zero Waste perspective presented and Page 44 May 28, 2002 developed and analyzed under the Zero Waste perspective by Zero Waste people. So Commissioners, will you, please, one of you, all of you, put this item on your next agenda. And of course that allows for more discussion and allows us to see -- well, it gives us feedback on what you're thinking about it and the public feedback. And it also allows us to see, you know, who would be willing to go along with this. Only other thing I'd add is the symposium concept, I think there is a report coming on the wastewater-- excuse me, on the Water Symposium Concept. This Zero Waste -- or symposium would not just get a bunch of recommendations and a publication that you should do this or that, but it would be tied exactly to the dynamics of our waste situation and it would describe how we could apply these different things to our specific situation. I think it's a big-win situation for the County, and I'd appreciate your consideration for those requests. Thank you. CHAIRMAN COLETTA: Natural Foods. MS. FILSON: There are no speakers. Item #8A ORDINANCE ESTABLISHING A MANDATORY NON- RESIDENTIAL RECYCLING PROGRAM WITHIN THE UNINCORPORATED AREAS OF COLLIER COUNTY- DENIED; COMMISSIONER CARTER TO COME BACK WITH INTERIM REPORT IN SIX MONTHS AND STAFF DIRECTED TO HOLD WORKSHOPS OVER THE NEXT 18 MONTHS TO REFINE PROPOSED ORDINANCE CHAIRMAN COLETTA: Okay. We move onto Item 7 -- or no, excuse me, 8-A under the Advertised Public Hearings. Page 45 May 28, 2002 MR. YILMAZ: Good morning, Commissioners. For the record, Solid Waste Director, George Yilmaz. Commissioners, as you know, we have initiated a number of programs to increase our recycling in different waste streams. Unlike some of those we have accomplished the last one, one and a half year time frame under your general direction and vision you have set for us. One, a biocycle program for the Art started in August, resulted in reuse of over percent of these waste streams. Two, an Artificial Recycling Program Initiative that we have started, which will take a significant portion of construction demolition waste to build artificial reefs to enhance coastal ecosystems. This program will improve our fisheries significantly as well as diving and tourism-related activities. And it is a true reuse ecosystem enhancement solid waste program. Three, a construction demolition waste diversion program which will allow us diverting close to 80 to 90 percent of construction demolition waste. Currently an end pass, most of it being landfill for recycling reuse and off-site disposal of~ diversion of this waste is crucial. As a result, all other causing gypsum board contaminated CND will be diverted from the landfill. Four, landfill gas reuse program which is being designed to accomplish two things: One, decrease air emissions; two, utilize the currently flared gas to power one of our water plants, which is going to be energy intensive,energy demanding reverse osmosis type unit. And lastly, five, with your general direction and approval of the contract amendments on this specific section of the contract we used to have, enhanced residential curbside recycling program. It started in August of year 2001, again with your vision and general direction this program resulted in reduction of waste and associated cost. Therefore, I'm pleased to announce today on an approval level a proposed budget for upcoming year will not include giving up any increase in our solid waste services to single-home residents due to Page 46 May 28, 2002 the fact that, even in such a short time, they were able to reduce their waste to overcome automated increases, such as CBI based on contract. Having said that, I'd like to continue and just to share with you today as requested by the Board, we are here to present nonresidential recycling ordinance to improve commercial recycling. Commercial waste stream has been one of those waste streams that we're doing diligently our best to address as we have done some of the waste stream, as I mentioned about just minutes ago. I would like to share with you three highlights of this ordinance, because it's important for us to start with those three highlights of this ordinances and a big picture I brought; if you wish. One, this ordinance does not target businesses already recycling. However, this ordinance does target businesses who recycles nothing, even one item, as this ordinance would require. Two, this ordinance provides a one-year grace period for the businesses to engage in recycling and be in compliance with ordinance requirements within that year without any enforcement threat. Three, this ordinance is expected to minimize our waste stream and reduce our total waste, solid waste management cost to our small businesses as well as businesses as our pilot project and kind of like assessment based on pilot project as shown. Having said that, I'd like to enlighten, with your permission, our Special Legal Counsel, David Dee, and as a follow-up, Steve Swartz, Malcolm Pirnie, who's the Vice President of Malcolm Pimie, and they have done the cost benefit analysis for us. Our special legal counsel will basically brief you on the legalities and the structure and how dependable this ordinance is. And, of course, our technical consultant will share with you their findings on the cost benefit analysis. And again, this cost benefit analysis net benefit to businesses, not necessarily impact. Having said that- Page 47 May 28, 2002 MR. DEE: Good morning, commissioners, as you heard, my name is David Dee. I'm an attorney with the law firm of Landers and Parson in Tallahassee. I work for local governments throughout the State of Florida on solid waste issues and have done so for the last 23 years. I've been working for this County for several years on various solid waste issues, including the development of this ordinance. Approximately one year ago, this Board expressed its interest in having a mandatory recycling ordinance that would apply to nonresidential property. During the Board's meeting last March, the Board expressed interest in looking at a great number of different types of materials; everything from paper and plastic and glass to aluminum foil. We have tried to consider the Board's goals and desires in developing the ordinance. We've also tried to get input from Zero Waste and from the Chamber of Commerce so that we would understand both the costs, the benefits and the impacts on those people who would have to deal with this ordinance. Under the ordinance, we've created some definitions for shorthand purposes. Under the ordinance, a generator is the business or another entity that creates solid waste and in mm has recyclable materials that can be extracted from the solid waste. An owner is a person that owns nonresidential property, which in mm is defined to mean everything that's not residential. So we're talking about property used for the commercial purposes, for businesses. We're also talking about property used for institutional purposes or not for profit organizations. That would include your hospitals, your churches and your schools. A contractor is a business that collects recyclable materials for profit, typically that would be a waste management DFI or similar business. The ordinance creates responsibilities for waste generators. It requires waste generators to recycle one material. Over the next months, they need to identify the material that they Page 48 May 28, 2002 wish to recycle and begin to remove it from their waste stream. So if you're an office, like in my office, we simply identify paper, for example, and you put it in a container that's provided to you by the owner. The owner is responsible for arranging for the containers that will be used. The owner is responsible for arranging to have those containers removed from your property. That is consistent with your existing mandatory collection ordinance, which requires property owners to arrange for solid waste disposal services. The County, for its part, needs to help businesses understand the requirements of the ordinance. They need to reach out and educate the public about the requirements of the ordinance. And they need to review and revise this ordinance on a regular basis as necessary. Accordingly, no later than June 1st of next year, your staff and the County Manager are obligated to come back before you, present a report concerning the status of the County's recycling programs, the costs, the benefits, the impacts and ways where we can improve the implementation of this ordinance. They also are obligated to come back before you at least once every two years thereafter, again to try and review and refine this program. Now, under this ordinance, owners and generators can comply in several different ways. For example, an owner can hire a contractor to come collect the recyclable materials and to provide the recyclable containers. In the alternative, an owner can provide the containers themselves and self-haul the material to a recycling facility. And in that manner, they can save some money at their cost. Under this ordinance, the contractor would be required to come before the County, obtain a certificate of operation and to provide periodic reports to the County. Similarly, if somebody is self- hauling, they're obligated to provide periodic reports. The reason we have the reporting requirements is simply so that the County can keep Page 49 May 28, 2002 track of who's collecting the material, confirm that businesses are indeed engaging in recycling. We've tried to make the reporting requirements as simple as possible. We don't want this to be erroneous. We don't want this to be burdensome. But we do need to have some basic method of tracking the implementation of the program. The way this would work, simply, a typical office is going to choose to recycle paper, in all likelihood. But they have the choice. They can recycle aluminum cans or glass or whatever it is they produce. But most offices would want to recycle paper. That's simple. It's easy. There's a market for that material. Retail stores, shops are probably going to recycle cardboard. But again, it's their choice. They can choose paper, plastic, whatever it is that's easy and cost-effective for them. Restaurants typically would have the ability to recycle glass, aluminum cans, metal cans or organic waste. Now, for a smart business like McDonald's, a Wal-Mart, Publix, they're already recycling. Their recycling program will not change with the implementation of this ordinance. What we're trying to go after are the people that aren't recycling anything. We're trying to give them some encouragement to recycle at least one thing with the idea being that if we can increase the participation in the commercial community, we can increase recycling as a whole. We can bring the commercial community in to do its fair share to help with recycling in Collier County. Now, the ordinance does contain exemptions and variances so that there are relief mechanisms in place. We recognize that small businesses don't generate a lot of waste, and this may not be cost- effective for them. For that reason, any business that's using a 96 gallon container for their waste disposal needs is exempt from the ordinance. Page 50 May 28, 2002 Similarly, we recognize that some people may have site-specific conditions that restrict their ability to recycle. Anyone can come to the County Administrator and obtain an administrative variance if they can demonstrate that they're suffering from some substantial hardship as a result of this ordinance. We also know that the Land Development Code has requirements that may create a problem with the implementation of this recycling ordinance. For example, under the land development code, people may have limited parking spaces or they may have difficulty screening their recycling containers. Under those certain circumstances again, somebody can come to the County Administrator and seek relief or they can seek a variance under the Land Development Code. And finally, we want to give everybody a fair opportunity to come into compliance. We want to have the businesses educated and have the time to get up to speed on this program. So again, there's no enforcement of this ordinance for months. And that date by the way could be extended by the Board if there were some problem with implementation. In developing this ordinance, we've tried to be reasonable. We've tried to be flexible. We want to provide flexibility to generators to select the type of waste that they want to recycle. We try to provide flexibilities, flexibilities so that owners can either haul their own material or make arrangements with a private company to collect the material for them. And we've tried to establish reasonable goals. We've worked with both Zero Waste and the Chamber as I mentioned. On one hand, Zero Waste would like the County to implement a very aggressive and comprehensive program to do it as expeditiously as possible Although Zero Waste has some very commendable concepts, I am concerned, and I believe the County staff and consultants share the concern, that what Zero Waste is advocating may not be feasible Page 51 May 28, 2002 initially. And it may create problems with implementation that we would like to avoid. We would like this to be a smooth transition into this program. And for that reason, we have not adopted all of the recommendations made by Zero Waste for a more aggressive program. And indeed, when we were prepared to be more aggressive and to require the collection of free materials, we realized we did not have the technical data to support that approach. The analysis is done by Malcolm Pirnie, as you will hear in a minute, support the collection of one material as a cost-effective program. But we don't have the data today to say, that, yes, it would be cost-effective to require all the businesses to recycle two or three or more materials. For that reason, we did not wish to go forward with the approach advocated by Zero Waste. On the other extreme, the Naples area Chamber of Commerce has continued to advocate for a voluntary program. They believe that no mandatory program should be imposed on the business community. With all due respect, we disagree with that as well. The State adopted a comprehensive solid waste management act in 1988. Fourteen years have gone by and we still don't have compliance with the minimum goals set by the State of Florida. We still don't have the business community recycling to the extent that it should. And the burden of recycling has generally been placed on the residential segment of the population. For that reason again, we have not agreed with the Chamber. We tried to go forward with the mandatory program that was recommended by the Board more than a year ago. The fundamental component, though, of trying to reach balance between these two extremes is to have a regular review of this program based on the experience that the County gains as it moves forward. On that, both the Chamber and Zero Waste agree. They want regular and routine Page 52 May 28, 2002 reviews of this program. Zero Waste hopes that in the future you will agree to expand the program in light of the success that the County has enjoyed. The Chamber, on the other hand, hopes that you will fine-tune the program, perhaps broaden the exemptions, perhaps provide relief in other ways so that if the program's not working quite perfectly, you can adjust in midcourse to make it work better. So that's why I believe that's essential that we have these regular and routine reviews. Bottom line is we're trying to promote and encourage recycling in this County. We believe that the program that's being proposed to you will reduce the cost incurred by many of the community's businesses for waste disposal. And most importantly, we believe that it will conserve the capacity of your landfill, thus benefitting all of the residents and all of the businesses here in the County. With that, I'd like to turn it over to Steve Swartz from Malcolm Pirnie, talk about some of the technical issues. CHAIRMAN COLETTA: Okay. MR. DEE: Yes, sir. CHAIRMAN COLETTA: Before you go, Commissioner Henning's got a question. COMMISSIONER HENNING: Mr. Dee. CHAIRMAN COLETTA: And then Commissioner Fiala. COMMISSIONER HENNING: MR. DEE: Yes, sir. COMMISSIONER HENNING: You have the ordinance? On page nine, top paragraph, paragraph B, that's if I'm reading that right that a -- and actually it goes down further that a, "Not for profit organization can transport with no certificate," correct? They get a variance on that? MR. DEE: Yeah, not for profits are not being regulated under this ordinance. COMMISSIONER HENNING: Okay. But everybody else is? Page 53 May 28, 2002 MR. DEE: If they want to haul, we're not regulating. COMMISSIONER HENNING: Right. MR. DEE: If they -- COMMISSIONER HENNING: I'm just talking about hauling. MR. DEE: Yes, sir. Yeah, they're not regulated. Private companies are being regulated under the ordinance when they haul, yes, sir. COMMISSIONER HENNING: Okay. What about senior citizens that want to supplement their income? MR. DEE: If they're trying to engage in a business for profit, we're trying to regulate them in terms of-- that might be an appropriate opportunity for a variance. I mean- COMMISSIONER HENNING: The only reason I'm bringing that up is because I know of two senior citizens - MR. DEE: Okay. COMMISSIONER HENNING: -- that one picks up scrap metal to supplement his Social Security, and the other one picks up aluminum cans to supplement his Social Security. COMMISSIONER CARTER: Well, this might expand his business, Commissioner. COMMISSIONER HENNING: Well, if it doesn't, what happens when he has to have liability insurance of a million dollars? I agree, he can pick up business. I'm not at retirement age, but I hope I get to slow down. But when we have more Government regulations on insurances and other things, I'm just concerned about that. MR. DEE: I would hope the County Manager in his reasonable discretion would grant a variance for the requirements. COMMISSIONER HENNING: Once we sign this, it's law. MR. DEE: Yes, sir, that's correct. MR. OLLIFF: Beyond that, let me ask a follow-up question. This is based on property ownership. And in those two cases that you Page 54 May 28, 2002 brought forward talking about people who are in a residential zoning category and wouldn't be affected, I don't believe. MR. DEE: Well, let me ask you, Commissioner, are you talking about somebody that's going along the roadside and picking up cans along the side the road? COMMISSIONER HENNING: I'm talking -- no, I'm not. I'm talking about a retired person coming to a business asking for their scrap metal and/or aluminum cans. And it happens out there in the real world, because I see it every day. Two people in Golden Gate, retired people, going to businesses to pick up metals. MR. DEE: I understand your scenario. I guess, again, it would be an opportunity for them to come to the County Commissioner and see the County Manager and seek a variance from the ordinance which I assume would be granted without- COMMISSIONER HENNING: This is an ordinance. This is a contract with the Community and the Board of Commissioners. MR. DEE: Yes, sir. COMMISSIONER HENNING: So the County Manager giving a variance, he would be acting as a County Commissioner, not as a County Manager. CHAIRMAN COLETTA: Well, any appeals from any decisions by the County Manager are directed to the Board of County Commissioners under this ordinance. So if the individual came in and sought a variance and didn't get it, they could come to you and seek relief from you. COMMISSIONER HENNING: There's no provisions for variance in the ordinance for a business or an individual that is picking up recyclable items. MR. DEE: Yes, sir, there is. In section 16 on page 12, paragraph A, the County Manager shall grant an administrative variance from the requirements in this ordinance when an owner, Page 55 May 28, 2002 generator or other person demonstrates that the application of the ordinance would create a substantial hardship. COMMISSIONER HENNING: Okay. Which section is that? What page? MR. DEE: It's 16, page 12, paragraph A. COMMISSIONER HENNING: Okay. I'll review that. Thank yOU. MR. DEE: Yes, sir. COMMISSIONER FIALA: And I -- CHAIRMAN COLETTA: Yes. COMMISSIONER FIALA: -- had a couple of questions as well. MR. DEE: Yes, ma'am. COMMISSIONER FIALA: My two real simple - MR. DEE: Yes, ma'am. COMMISSIONER FIALA: -- just housekeeping. On page 8- A5 it says, "Section 5 definitions -- excuse me. I'm so sorry. And it says, "The word shall is always mandatory and not merely discretionary." And I thought, why wouldn't you just say must rather than shall? That was just a comment that you might want to take into consideration. And the second thing it was talking about landfill air space, and I don't know what landfill air space is. Would you tell me? COMMISSIONER HENNING: It's the part that smells. CHAIRMAN COLETTA: Not quite. COMMISSIONER FIALA: Is that what it is? And they want to fill that up? Is that it? MR. DEE: It's sometimes referred to as the design capacity of the landfill. It's the area above the landfill that is to be filled. COMMISSIONER FIALA: Oh, I see. Oh, how high it can go. MR. DEE: Yes. Page 56 May 28, 2002 COMMISSIONER FIALA: Okay. And my last question, and this one pertains to incentives, you gave an example of BT Boomers and how much they saved as far as money goes or would have saved and then also, how much less goes to the landfill. And yet this business is only renting -- or leasing their property, so the savings actually goes to the owner of the property. What incentives do you have for the generator? Doesn't he save any money? MR. DEE: I was going to say, the economic analysis was done by Malcolm Pirnie, not by me. MR. YILMAZ: Commissioner, you have two parts. One -- for the record, George Yilmaz -- incentives to businesses in twofold. If the generator responsible for recycling services, meaning the business owner himself or herself, they would recognize the net savings as financial benefit. If the owner recognizes such benefit, it would go to owner. However, business would still have, under this ordinance, if they go above and beyond minimum requirements, ordinance has at least two sections for them to be promoted as environmental, responsible businesses who are doing more than the minimum required by this ordinance. And we're planning to partner with Chamber and other agencies for us to come up with. We're an aggressive business recognition program for the businesses getting top five ranking for every given year to be recognized through this Board as the business who are environmental friendly and environmental conscious. So having said that, intangible benefits built in this ordinance in addition to financial. COMMISSIONER FIALA: I realize that they would probably get an award and maybe once a year. And I was hoping that would be enough to encourage them, because this is a great plan. We need to do this. You know how strongly I feel about recycling anyway. I just want to encourage businesses like BT Boomers to, you know, to be doing this even though they don't see a lot of recognition all year- Page 57 May 28, 2002 round. I was hoping that, you know, if there's anything that we could ever think of or dream of to do that would urge them to do that, that would be great. Anyway, that was all. COMMISSIONER CARTER: Mr. Chairman, I have one question - CHAIRMAN COLETTA: Go ahead, Commissioner Carter. COMMISSIONER CARTER: -- on the ordinance itself. It's on page 10. Remember recycling is a commodity's market. All those materials, prices rise and fall depending on demand. In this section 8-B, it says, "Notwithstanding any provision, anybody as a generator shall not be required to recycle a waste material if there is no market or cost-effective system available recycling such material." I have a little trouble with that, because I could probably, as a business owner, pursue that and demonstrate to you there isn't a cost-effective way to do it or there may not be a market, because the market could change. So how are we going to deal with that? MR. DEE: Commissioner, that language was intended to mirror the provisions of the Florida Statutes that authorize County Commissions to adopt ordinances of this sort. The statute says that local governments can require businesses to recycle certain materials that County designates, the local government designates, provided that the material will indeed be recycled and provided that there is a market for those materials. Trying to comply with the ordinance, I have created in this document an exemption to say that you don't have to recycle anything for which there is no market for where it's not cost-effective. Now, in this particular case, it's a moot issue for most businesses, because they decide what they're going to recycle. If it's not cost-effective, they're probably not going to recycle it. But for most any business, they can recycle paper. A lot of them, as I mentioned before, can recycle cardboard, the retail shops. And virtually all of them can Page 58 May 28, 2002 recycle aluminum cans or glass bottles that they may produce in their operation or from their -- just personal consumption. By way of example, in our offiCe in Tallahassee, although I would not identify us as avid recyclers, we've got our trash cans where we can put our paper. And in the past, where we might have put our food scraps at lunch or cans or bottles in there, we now just take them in the kitchen. There's a container for food scraps. There's a container for aluminum cans. There's a container under the sink for glass bottles. That's how we recycle three different things. It's painless. It's cost- effective. It's easy. COMMISSIONER CARTER: I understand all that. MR. DEE: yes, sir. COMMISSIONER CARTER: -- it's a commodity's market. And my concern is is that if the market goes up and down and if there comes a day that paper is not worthwhile to recycle, who's going to recycle it? MR. DEE: Well, Commissioner, my assumption is that this Board would not require anybody to recycle anything if there was no market or if it wasn't cost-effective. And part of this program is to encourage people to do something that benefits the community and makes sense. If it doesn't make sense, then I agree, we shouldn't be doing it. COMMISSIONER CARTER: Okay. CHAIRMAN COLETTA: Commissioner Fiala and Commissioner Henning. COMMISSIONER FIALA: Well, I just wanted to make a comment. I was talking to George the other day, and I was trying to figure out what a beauty shop or barber shop would recycle. Those would be one of those that fall under the category of nothing to recycle. But again- Page 59 May 28, 2002 MR. DEE: They may be exempt anyway. They may not produce enough waste- COMMISSIONER FIALA: That's what I mean. MR. DEE: -- to fit under this ordinance anyway. I mean, realistically, we ought to be focusing on the largest businesses that are producing the most waste and work our way down from there. That's where you're going to get your most benefit from this program. CHAIRMAN COLETTA: Commissioner Henning. COMMISSIONER HENNING: Yes, Mr. Dee, I thank you for pointing that out. MR. DEE: Yes, sir. COMMISSIONER HENNING: And I am very happy with that. But it raises a concern that I have, an additional concern, and that is the variance process. You're saying in this ordinance that the County Manager, the portion in the Land Development Code 2.7.5 is -- it precludes that it's making -- it's having a County Manager or its designee as a person that can waive this variance process of the Land Development Code correct? MR. DEE: That is correct, but that's a separate ordinance. So that talks about variances within the Land Development Code can't be granted administratively. This is a stand-alone ordinance. And the rules of this ordinance apply to this ordinance and this program. I would suggest to you, you probably don't want to be in the business of hearing and granting all of the variances for this particular program because my guess is there's going to be a number of them. And those are probably better handled at your Solid Waste Department level with an appeal process here to the Board if for some reason somebody strongly believes they should have been granted a variance and staff doesn't grant them one. COMMISSIONER HENNING: And I think what it says here, it's saying, "Zoning code and ordinances under the variance process Page 60 May 28, 2002 under the Land Development Code." So, you know, whether it be a Code Enforcement problem, the County Manager's designee can't waive that. It has to come before the Board of Commissioners or the Board of Zoning Appeals or the Code Enforcement. That's what this variance process says. And I guess it raises the concern, ladies and gentlemen, of that's what happened in the past when staff has given variances that has got us in trouble. And I'm still waiting to see those variances, in-house variances come before the Board, so we can take action on those. MR. DEE: Commissioner, if I can respond to that. There is an administrative variance from the requirements of this recycling ordinance. It would be directed to the County Manager. A variance from the Land Development Code will be handled just as it always is under the Land Development Code. And the two examples that were brought to our attention repeatedly by the Chamber were the questions about the number of parking spaces and the ability to screen the recycling containers. With that, we've got two separate procedures, depending upon the type of issue. The other point I'd like to make is, we debated about putting something in this document saying that the Board would provide guidance to the staff about the kinds of situations that would warrant a variance. We ultimately decided not to put that in there, but obviously the Board has that authority to give direction to the staff about the kinds of situations where they want variances to be granted or where they don't want a variance to be granted.. And then the fault was, let's go forward with the ordinance. Let's get some real world experience. Let's see what kind of fact patterns develop like the ones you mentioned with the two elderly individuals. And then we'll have a better idea so that before June 1st of next year, before we start taking any enforcement action, the issue comes back to the Board, the Board can direct staff how they wish to proceed. They can postpone Page 61 May 28, 2002 the enforcement date of this ordinance. They can revise the ordinance as the Board sees fit. And before we go out and create a problem for anybody or for any business, we've got an opportunity to correct, to try and make things more workable. CHAIRMAN COLETTA: Okay. I'm going to ask a question: My former business, which was equipment rental, which I no longer own, at that point in time I was recycling used oil from the engines when we saved the one side, and when we got a full drum we moved it out. And we also recycled cardboard, because we bought equipment on regular business. We would take it and transport it down to the Community Center where they had a cardboard container and put it in there. It was just a sensible thing to do. Would that have qualified my business as being a recycler? Would I have met the qualifications? MR. DEE: You would have complied with this ordinance, yes, sir. CHAIRMAN COLETTA: And on the same note, Commissioner Henning's business, which was engineer repairs and everything, I know that he also recycled oil and possibly other things, too. But would the oil in itself have qualified him to meet the criteria of this ordinance? MR. DEE: I believe it would, yes, sir. Again, the goal is to get people that aren't doing anything. CHAIRMAN COLETTA: I understand. And I'll be honest with you, I think this is a wonderful crafted ordinance. It's about as benign as you can get to get the community, the commercial community, involved to some extent so they're totally aware of what's happening. And as we move forward in the year to come and the years to come, we'll be able to amend it to be able to meet the needs of that community. Page 62 May 28, 2002 MS. FILSON: MR. OLLIFF: with the first speaker. And we're hoping that this will set a precedence that they'll follow in future years. Is that the way that you're putting this together? And I mean basically by itself, it really doesn't have -- there's so many ways that you could get out of this. What it is is it's a way to be able to say to the community, we're asking for you to go one step above voluntary compliance. You may already be there, but we want to make you aware of it. Is that the message that we're trying to send? MR. DEE: Absolutely. It's one step beyond the honor system. We're just trying to encourage people to participate. CHAIRMAN COLETTA: Well, with the permission of my fellow Commissioners, I'd like to hear the speakers, and then we'll continue our discussion after that. Public speakers? The first speaker is Bob Krasowski. Mr. Chairman, I don't know that we're done CHAIRMAN COLETTA: Oh, and I apologize for that. Please continue. Then we'll go to the speakers. MR. SWARTZ: Commissioner, good morning. For the record, I'm Steve Swartz from Malcolm Pirnie. A number of my points have already been covered in the questions. So I'll go through this very briefly. We assisted in the development of this ordinance in analyzing the economic impact. Questions were raised about how much of a burden this would be on the businesses of the County. So what we did is we devised the pilot program with four businesses ranging from small to large in terms of waste generated. And those four businesses are shown in this chart. There's a counseling company. There's a moving company. There's a Kentucky Fried Chicken and there's a restaurant. And the restaurant generates the most waste. Page 63 May 28, 2002 What this chart shows, interestingly, is with the exception of the smallest business, every business that we studied actually saved money by going to this recycling ordinance. And the reason for that is by recycling, which has cost, they have to spend more for the collection of the recyclables, they therefore generate less solid waste. And the smaller quantity of solid waste means that they can pay less for regular collection. And it turns out, except for the smallest one, that those costs, of course, saved more than offset the recycling course. Now, the smallest business here would be exempt anyway from this ordinance so that we would hope that they would comply voluntarily, but they don't have to. So of the businesses that are covered by this ordinance, every one of them would actually save money. This is a fairly limited pilot study, only four businesses. But what we would hope to do, if this Board sees fit to implement this ordinance, is that in the first year of operation, when we have many participates, we can do a much more detailed study, refine this and, you know, point the direction to the future. Interestingly, most of these businesses didn't realize that there was money to be saved. I mean, it didn't occur to them that they could reduce their fees for regular hauling. And certainly the hauling companies don't rush to tell them. So that could be some part of the reason for resistance to this program; not seeing that there's a savings. And we'll come to that at the end. We believe that public information and education is going to be an important element of this program. All right. There's another kind of savings, less waste going to landfills. We have -- you have a landfill that has approximately 15 years left. It's a very cost-effective landfill. When it's gone, the next best alternative will be that it will be very much more expensive. Page 64 May 28, 2002 So anything that preserves landfill capacity is valuable. And we think this program- this is just the one material now that we expect to rap up in the future. But just the one material allowing for increased participation over time will generate about five percent landfill savings, we think, ultimately. And that's five percent savings going to landfills, also saves money, because, of course, we pay, the County pays a fee to Waste Management to operate the landfill. That's going to ramp up over time too as participation rates increase, we hope. And we estimate that in full participation it's about $250,000 a year. That's in addition to the savings that the individual businesses see. So, in summary, we think this is a very strong program, cost- effective for businesses, cost-effective for the County, protective of the landfill, protective of the environment. In addition to the ordinance, there are three important elements. One is the Public Information Program to show people that they can save money this way and to show them how to do it. Second, of course, is the Enforcement Program. And third, equally important, is data management. We need to be collecting data on the recycling efforts, success and failures, refining the program and your staff will be reporting back to you at the end of one year and then every two years after that. And hopefully the program will get better and better. Thank you very much. COMMISSIONER FIALA: Thank you very much, sir. COMMISSIONER CARTER: Mr. Swartz, what that tells me is that what we need, without question, is a marketing program, because Solid Waste Department is going to have a product to sell and they need to sell it to the businesses. So they need to put together a marketing plan to get to the businesses or their customers to show them what's in it for them to be a part of this program. Page 65 May 28, 2002 And I would hope that this Board is a part of passing this ordinance if this is the direction we go, ask that we have in this next year a well thought-out, produced marketing plan that involves the Chamber, that involves other business groups in the County so that when it comes time to make this a reality, we have achieved a buy-in versus having to go to the stick treatment to get people to participate. MR. SWARTZ: That is correct, sir. Yes. COMMISSIONER FIALA: Very good. Thank you very much for your report. And now we'll move on to public speakers. MS. FILSON: First one will be Bob Krasowski and he will be followed by Mark Ginquitti. MR. KRASOWSKI: Hello again, Commissioners, Bob Krasowski. Boy, I wish the other Commissioners were here. Can they hear in the back, if that's where they are? COMMISSIONER CARTER: If they got the speakers on. MR. KRASOWSKI: Yeah. I'm with Zero Waste Collier County. We've been involved over a period of many months discussing this ordinance with Mr. Yilmaz, with the Chamber on occasion, and we're very disappointed. Just last week when we met with Solid Waste Department, Mr. Yilmaz when what was the fourth draft of this ordinance, which did include the recyclable of up to three items by those businesses that generated up to three items was reduced and regressed back to what's in front of you today is one item. So requiring businesses to do one item as opposed to three allows for those other items to go to the landfill where this reduced cost to business, as identified in this study here. And maybe Mr. Swartz would like to comment on this to make sure I'm not misunderstanding, but several -- a couple of the businesses that Page 66 May 28, 2002 realized a savings by doing the one, also realized a savings by doing all general recycling. It wasn't as much, but it was still less than what they were paying prior. So that leads me to understand that if we were to require those businesses that fit into this category to recycle everything, it wouldn't cost them anything. They'd save a little bit of money, but the community in general would be saving, because that material wouldn't be going to our landfill. The landfill is used by residences as well as businesses. And I notice, Commissioner Carter, in your suggestion that we all work together later, you left out Citizen Interest Group. It was all business, business, business. COMMISSIONER CARTER: Because they are the market, my friend. MR. KRASOWSKI: Well, they're using our landfill, my Commissioner. COMMISSIONER CARTER: Well, everybody uses the landfill, sir. MR. KRASOWSKI: Right. And we have to -- not that we have to, but the system that is set up for residences to recycle includes -something items. We have a capacity to put other things out there. Of course, businesses could do the same. But like Mr. Swartz said, and as is discussed in the documentation from Zero Waste in California, that most businesses don't identify their garbage as an issue as long as it stays constant because they're focused on their main interest. Our suggestion at Zero Waste is you do more analysis of this situation. That's why a symposium would be a darn good idea around here, because then we'd have more than four little businesses and the limited analysis of what this ordinance suggests we do. Now, I've identified that by keeping only one item as a requirement that the cost to the community is increased, because their Page 67 May 28, 2002 recyclables that should be included in large volume and diverted from the landfill is not being done. The savings that can be realized as a diversion from the landfill on some of these items that might look profitable -- we have to factor in that conversion component to see if there's a value there. Organics, the organics in the waste stream, and some businesses produce more, like in the food stores that throw away spoiled or other foods, we have an RFP out now for organics processing that identifies a commitment of five thousand tons a year of the organic food out of the commercial waste stream, thousand tons of sludge, and or thousand, I can't remember exactly what, and then another or thousand horticultural as a baseline offering to invite people and propose on it. If we don't have organics as a required element in this, I'm not so sure that we'll be able to get people to recycle the organics. They might go for cardboard or some glass or something else instead. So that's a problem there. How are you going to stay with your commitment not to the RFP you put out on organics, but the flow control. This ordinance is mostly fluff. Okay. You're accommodating the business community without having the knowledge to understand how it is impacting or whole solid waste stream as a whole. We were a bit concerned that the interest, small interest group -- not small, it's a business interest group, but the small representation of that business interest group in the Chamber contained our people that we assigned the task to operate our landfill waste management was involved as a member of the Chamber in this. And it's good to have their input, but they're also the people who are benefiting from more materials going to the landfills. So if I may go on, I have other things. I think this is a big issue. And as Zero Waste Collier County in the efforts, I represent a Page 68 May 28, 2002 number of people on this, I'd like to finish up my statement. COMMISSIONER FIALA: I just ask, how many speakers do we have, please.9 MS. FILSON: We have three. COMMISSIONER FIALA: Three more speakers. Bob, would you hold it down to one more minute, please? MR. KRASOWSKI: I'll certainly make an effort. COMMISSIONER FIALA: Thank you. MR. KRASOWSKI: And I appreciate this. Okay? Okay. Whose interest is this designed to serve? You've got me on that. Many businesses are already doing one recyclable. Why can't we encourage those to do more? Where it shows that the small businesses can save money, the fact is it's because they can't downsize from the smallest container. Accommodations should be made to allow those people to downsize and recycle as well. Land development, Land Development Code, the needs to address these issues, we suggested a more accelerated, but a rollout timetable. And as Mr. Dee said, their primary concern, most of all, was to conserve space in a landfill. Well, by requiring people to do one recyclable when even some businesses can do three and not have them cost them money, that's not conserving space at the landfill to the extent we could do. COMMISSIONER FIALA: Your one minute is up, Bob. MR. KRASOWSKI: Okay. Well, that's too bad. That's really too bad because I have a lot of comments to make. We went over the ordinance with the Solid Waste Department. There's other things I might suggest that they might agree to. I don't know what the big hurry is. You know, I mean we put more -- this is -- you know, we put more into this. You got three guys over -- you have Malcolm Pirnie, you have the Solid Waste Department, you have Page 69 May 28, 2002 David Dee speaking, you have one citizen that's put in just as much time as they have and I'm limited and can't get everything out. COMMISSIONER FIALA: Is anybody else here from your organization that could- MR. KRASOWSKI: No. Most of the people work, and they don't work in the task that these people are assigned to. So you know, maybe at an appropriate time, if we decide to put the symposium issue on the agenda next time, I can rally the people to come and they can speak. But why should they come here and spend a day when this kind of stuff goes on? COMMISSIONER FIALA: See, we have a limited -- CHAIRMAN COLETTA: I'm sorry you're disappointed. MR. KRASOWSKI: Yeah, very. CHAIRMAN COLETTA: We try to give you total access to the whole system from beginning to end. I know I've met with you numerous times. MR. KRASOWSKI: I'm entitled to that. CHAIRMAN COLETTA: It's not a shut-out process. We know exactly where you're coming from. MR. KRASOWSKI: But we're not getting anywhere. CHAIRMAN COLETTA: Where do we draw the line between persons that are more qualified or better equipped to be able to answer the questions than others? MR. KRASOWSKI: You do it all the time. You have developers come up here, and they go on and on. CHAIRMAN COLETTA: That's-- MR. KRASOWSKI: You have the building people up here, and they go on and on. CHAIRMAN COLETTA: Bob. Bob, I disagree with you one hundred percent. We have afforded you every opportunity several times in the course of a day to present your case. Page 70 May 28, 2002 MR. KRASOWSKI: Well, then I'd like to conclude any comments. CHAIRMAN COLETTA: And kept-- I'm going to allow you another minute for your comments. But I just want to make sure that you understand you have not been cut out of the process. You have had more time at this podium than anyone. MR. KRASOWSKI: I know. And I'd like to -- and I'd like to -- CHAIRMAN COLETTA: And to reflect to the point that we haven't done that is totally crazy. Please continue with your closing comments. MR. KRASOWSKI: Don't start saying it's crazy. I've specified that other people get more time up here. I'm requesting more time. This is not totally crazy. Nothing's totally anything. CHAIRMAN COLETTA: Bob, one minute, wind it up. MR. KRASOWSKI: I appreciate the minute. Okay. I appreciate it. CHAIRMAN COLETTA: And we appreciate your comments. COMMISSIONER HENNING: Thirty seconds is up already. CHAIRMAN COLETTA: Commissioner Henning, you can wait a minute. Now we got to start over. MR. KRASOWSKI: Okay. So he's got me figured out. The comments -- okay. We have the voluntary three percent participation in recycling. If we were to increase the recycling, which we're going to, then as efficiencies of greater mass and greater business are realized, which we know nothing about, then more people -- the cost- effectiveness of recycling will drop. We have to do more studies. Also, I think that this whole issue should go in front of the Planning Counsel and in front of the Environmental Advisory Review Board, because you got all sorts of issues here and this stuff going behind the scenes as part of what is related to this is not getting adequately reviewed in regards to its Page 71 May 28, 2002 impact on the community. Okay. Well, I appreciate it and, you know, I could go on and on, but you've given me time. Thank you. CHAIRMAN COLETTA: Thank you, sir. MS. FILSON: Next speaker is Mark Ginquitti, and he will be followed by Vince Cautero. MR. GINQUITTI: Good morning, Commissioners. My name is Mark Ginquitti. I'm Vice President of Member Services for the Naples area Chamber of Commerce. Do those that own or manage a business in Collier County believe recycling is a good thing? Yes, they do. Does a business community believe we should collaborately pursue avenues that extend the life of the County's landfill? Absolutely. Does the Naples area Chamber of Commerce advocate the necessity of an all-encompassing public contribution in creating an effective recycling program? Yes. If individuals or groups register questions or concerns on this ordinance, should one translate this as an opposition to recycling? Absolutely not. The Naples area Chamber of Commerce comes before you today as a proponent, not an opponent; an ally, not an advisory, in our efforts to do what is right. However, the best of unions occasionally encounter debates, lively discussions and disagreements. The pursuit of the objective should not cast a shroud over inquiries or excuse a presentation of a question-laden ordinance purely to meet a scheduled deadline. Over the past months, the Naples area Chamber of Commerce sought, through verbal and nonverbal medias, information from Solid Waste to questions such as: The County's cost to administer this program. Variances to conflict with the LDC code. Who will administer the grants or grant the variances? Landlord and tenant, who shoulders the responsibility? Economic hardship definition and enforcement. Many of these requests still remain unanswered. We continuously witness the success of a residential, voluntary recycling Page 72 May28,2002 program. The effort by the County to promote and create awareness amongst the community is commendable. Families routinely place recyclables in their blue bins, reducing the amount of solid waste setting up permanent residence at the County landfill. What makes us think that the business community, many that practice residential voluntary recycling will not assimilate recycling into their daily business routine? Based on the pilot program, a sample group of four businesses throughout the County, three indicated they would continue to recycle. Is it logical or not that their peers would also follow suit? Participation figures, nine years to reach percent compliance. Enforcement and review that is contained in this ordinance basically creates a mandatory voluntary program for Collier County. The Naples area Chamber of Commerce believes we should drop the "M" or mandatory off of this program and partner with the County to vigorously promote the cost-effectiveness and benefit of a voluntary program. We believe that establishing awareness will not only produce success, but also produce victory, victory in extending the life of our landfill, preserving the environment and avoiding exorbitant exuberant cost of hauling solid waste to a distant landfill. Finally, we should reconvene in 12 months to review the voluntary recycling accomplishments and to determine whether to maintain the current course of voluntary recycling or change direction. In closing, I want to thank County staff and their consultants for their professionalism and access to inquiries that the Chamber and our members have posed to them over the many months. Thank you very much. CHAIRMAN COLETTA: Thank you. COMMISSIONER FIALA: Your next speaker is Vince Cautero, and your final speaker is Terry Douglas. Page 73 May 28, 2002 MR. CAUTERO: Good morning, Commissioners. Vince Cautero for the record. I'll be brief. I'm representing the Issues Advisory Council of the Naples area Chamber of Commerce. And I've been authorized by David West and the chairman to speak on behalf of that committee. Two items, and I'd like to focus on Section 16 which is on page 15 of your packet. Mr. Dee entered into a dialogue a moment ago with Commissioner Henning about the issues that I just wanted to bring to your attention. At some point in the next 12 months while the ordinance is unfolding, we would like to work with your staff a little bit in more detail regarding the criteria for administrator variances that may be granted in conjunction with the ordinance. Part and parcel with that, 16-B on page 15 talks about the variance process that someone would go through if they couldn't qualify for the substantial hardship. The last sentence of that states that in the alternative they may apply for administrative variance. If I'm correct, someone may have their-- may have an opportunity to choose between an administrative variance or applying for a variance with the Land Development Code. If I'm not correct, perhaps I can be corrected by a member of the County staff or their consultants. But in any event, it still talks about the administrative variance section. And all we're asking is that we can work over the next year and deal with the criteria for that if for no other reason the definition of substantial hardship still leaves some open-ended issues there. It talks about any other hardship at the end of it. But we are appreciative of the fact that your legal counsel and staff have included a definition of substantial hardship in there. So those are the only issues that I wanted to raise again. Again, Commissioner Henning had questioned Mr. Dee on those. And we're acutely aware that there are definitions dealing with these issues and that the process is here. But we'd like to just have the opportunity to Page 74 May28,2002 work a little bit more, put the staff on that administrative variance process. And as Mr. Ginquitti said, we'd like to thank your staff and consultants for working with us and working very hard and coming to, I think, no less than four or five meetings that we've asked them to come to. And they have given up a lot of their time for that. Thank you for your attention. MS. FILSON: Your final speaker is Terry Douglas. MS. DOUGLAS: Good morning, Commissioners. My name is Terry Douglas, and I represent Waste Management. Organic waste is also known as protrusible waste, defined in our franchise agreement as solid waste as well. Waste Management has discussed this language issue with the staff, and they have agreed with these definitions. Recent discussions in Tallahassee, the DEP recommended that organic waste and protrusibles not be listed as a recyclable item. This attempt to delete was supported. So organic waste is not listed as a recyclable item. Waste Management is requesting that organic waste be removed as a primary recyclable and stick to the items that mirror our mandatory residential recycling program. COMMISSIONER HENNING: Ms. Douglas, I have a question: If organic waste was the secondary recyclable in the businesses, is that acceptable under this Florida Statute, I think you're referring to? Don't know? MS. DOUGLAS: I think it's listed. I mean, I think we need to realize that organic waste, protrusible waste is defined as solid waste. And you, in fact, have a franchise agreement. And that language is pretty concrete. COMMISSIONER HENNING: So what you're saying is, no organic waste is acceptable for recycling according to Waste Management and the contract that we have with Waste Management. Page 75 May 28, 2002 MS. DOUGLAS: I think what I'm trying to say is that the State itself has been able to deem that organic waste is not a recycling item. COMMISSIONER HENNING: Okay. You know where I could - MS. DOUGLAS: I think it would be at this point a really good idea that we try to follow that, maybe mirror the program that we have in place that we're all very happy about. And then in a year when you revisit all this, maybe things will have changed. But as of today, for your larger businesses who are going to be targeted and encouraged to recycle, protrusible waste is a tough one. And I think maybe we need to just hold back and reconsider that one item for now. COMMISSIONER HENNING: You know where we could find that in the action that legislatures -- MS. DOUGLAS: I'm not sure that it was an action. I don't know that that happened at committee level, but I do know that it is not in the ordinance at the State level. And maybe Mr. Dees could help us with that. If not, I know I can in due time. COMMISSIONER HENNING: Okay. MS. DOUGLAS: I can help you with that. And I'll be glad to fax that to you. Yes. CHAIRMAN COLETTA: I do have a question on organic waste. What would you recycle that for, I mean, for animal food or I'm kind of lost. What would it be used for? MS. DOUGLAS: Commissioner, I'm not qualified to really answer that. But I can tell you that we have customers who are very sensitive to the time our trucks come by their business or their residence. And we're very sensitive to that. And I would imagine that the collection of organic waste would also be of a sensitive matter in the future as well. Page 76 May 28, 2002 MR. MUDD: Commissioner, Jim Mudd, Deputy County Manager, for the record. And I want to address an issue that Ms. Douglas has presented to you. The commercial recycling ordinance, the commercial side of the house is basically done on contract, okay? And each one of the businesses contract with the hauler to pick up their trash. If that business wants to recycle organics, say it's a Publix and they have -- and their vegetables only stay on the shelf for a certain period of time and then they come off the shelf and then it becomes a waste product, a recyclable, I mean, they want to recycle that and you can find a commercial hauler to take that, to take it to a recycling place where they do composting. They shouldn't be precluded from doing that. This is very different than our residential collection, which is specific, which we have a contract with Waste Management for a large part of the unincorporated area. Each one of the businesses come into their own contract with a waste hauler. Okay. And it could be -- and I don't want get into the different -- to the different folks, but there's several CND waste collectors. There's all kinds of different collectors in this process. And there's nothing that you have in this commercial recycling ordinance that precludes you from calling one thing or the other as a recyclable nor does it preclude that business from going out and contracting with anybody in order to pick up that particular recyclable material. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Thank you. Thank you, Terry. One of my big concerns is we've come a long way on this landfill. We're keeping it in one place instead of buying another. We're trying to conserve the space in it. I think we've done a good job. We've gotten rid of the smell. And that was the big thing. And we worked very hard to get rid of that smell. And we've invested a lot of money. What I'm concerned with is -- excuse me -- if we collected organics Page 77 May 28, 2002 or food waste and put it in some kind of a compost, wasn't that against our odors and how about the neighbors around that place where they would be composting it? Do you have an answer for that? MS. DOUGLAS: Commissioner Fiala, obviously there are issues that need to be considered. COMMISSIONER FIALA: Yeah. I'm concerned about that. I figure we need to take this one step at a time. MS. DOUGLAS: I do want to say that recycling paper, recycling cans, recycling cardboard, these are all items that make sense. We're doing them at home. So it's not going to be difficult. The cost is something that each business member will have to evaluate for their own situation. The request today is that you just remove the organic language as a primary. That's my only request today. Thank you. CHAIRMAN COLETTA: Fine. One question, if I may. The organic would also include grease collection? No? MR. OLLIFF: Not as far as I know. I'll get George to -- CHAIRMAN COLETTA: We better qualify that, because I'd hate to find out that we just cut the -- okay. MR. OLLIFF: Where it says my answer is right, no, it's not included as an organic waste. CHAIRMAN COLETTA: Okay. But would grease collection in itself satisfy this ordinance? That's another question. COMMISSIONER FIALA: It doesn't say in there. MR. YILMAZ: Commissioners, for the record, George Yilmaz. Grease trap is a waste stream for our wastewater facilities. And it's regulated under pretreatment ordinance for the wastewater facilities. So it actually doesn't even come to our landfill. CHAIRMAN COLETTA: That answers it for me. Page 78 May 28, 2002 MR. YILMAZ: And one other pOint, I want to follow-up with what Kerry mentioned, that we did have conversations and dialogue with Waste Management and Don Groseclose has been our contact. And before we drafted this ordinance, we did have long discussions including Malcolm Pirnie being there and Connell Carney there. And to our understanding, they did not object to it, commercial side of organic waste being processed in a processing facility as drafted. Further, we have taken the language out for the residential side. And also, I'd like to briefly mention the time line. When you look at the organic processing RFP, even when we have an organic processing RFP being awarded today, it would take us three, four, if not five years to materialize that processing facility ready to get those organic wastes. At that time, Waste Management's collections contract's up for bids or RFP's anyway. So we're not talking about doing it now. We're simply gearing up for future. CHAIRMAN COLETTA: So the research can continue? MR. KRASOWSKI: Yes. COMMISSIONER FIALA: Are we doing anything to instead of recycling more than one product at different places? MR. KRASOWSKI: Yes, ma'am. And I think Commissioner Carter's point is well taken. An aggressive marketing plan putting the information out will be financial incentives for businesses to recycle more than one item where they become more cost-effective. So the answer is yes. CHAIRMAN COLETTA: I think the idea of putting a plaque in businesses that exceed the compliance requirements is very well thought out. I know as a customer I would tend to gravitate to those type of businesses. Page 79 May 28, 2002 MR. KRASOWSKI: Frankly, one of our first candidates could be Commissioner Henning, due to the fact that he's already doing above and beyond or used to do above and beyond what would be required by this ordinance. COMMISSIONER HENNING: The check will be substantial. CHAIRMAN COLETTA: MS. FILSON: Yes, sir. CHAIRMAN COLETTA: And that concludes the speakers? Okay. And with that, I'm going to close the public portion of this agenda item. And Commissioner Coyle, I believe you have a statement. COMMISSIONER COYLE: Yeah. Commissioner, I don't think anybody here disagrees that we should be recycling materials to the greatest extent possible. But what I've heard is I've heard disagreement expressed by the Commissioners, by the Chamber of Commerce and by Waste Management and by Zero Waste, who terms the ordinance is all fluff. I don't want to be critical of the ordinance. I think you've done a good job with it. It is an extremely difficult issue to deal with when you don't know exactly what's going to be recycled, how much is going to recycle, who's going to be doing it. I think the ordinance needs some fine-tuning. But I would like to raise the question: Why do we single out businesses for a mandatory recycling program, but let residences continue on a voluntary program? It seems to me that we should be consistent in this process. And I would not, for a minute, suggest we begin a mandatory residential program. What I would suggest is to give the Chamber of Commerce an opportunity. We could set some goals with respect to percentages of recycle. And then, rather than the County taking on the entire burden of trying to implement an educational program, we could work through the Chamber of Page 80 May 28, 2002 Commerce and others who have really very direct relationships with businesses in the community. And if they met those targets, then this ordinance could be held in abeyance. And if they failed to meet the targets, we could reconsider this issue. I believe the free enterprise system has worked very well for this country for a long, long time. And I sort of hate to take some kind of socialist approach to this. And I would like to give them an opportunity to demonstrate they really can do this job properly. And if we don't achieve the proper goals, then we have to take some other action. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Yes. I think we've taken deep cuts as it is in what we originally thought we were going to impose as far as mandatory goes. It's just like opening a new restaurant; you need a little while to get comfortable and see where the goods and the bads are and straighten them out. I think that tweaking should take place, true. But I think it should take place after a mandatory -- I think this was an excellent compromise between all phases of people interested in Waste Management. And I feel that we should go forward with it. And those businesses who want to even recycle more, who see the benefit either financially or just if they're concerned citizens, because many won't see that benefit, I don't think, I don't think if they don't realize financially anything because they don't own the land, they're not going to be encouraged to do this. I think working with the Chamber to put together a good marketing plan is an excellent idea. But I would like to go forward with the ordinance as it is. CHAIRMAN COLETTA: Commissioner Carter? COMMISSIONER CARTER: Mr. Chairman, I'll direct this question to Commissioner Coyle: What if this was not to go in effect for 18 months; a marketing plan put in place; goals established, Page 81 May 28, 2002 agreed to goals? Those goals are met through a voluntary basis, fine. You don't need a mandatory ordinance. However, if the goals are not met, then the ordinance would go. into place in 18 months to accomplish the objective. COMMISSIONER COYLE: I think that's an excellent approach. One of the advantages of doing it that way is that it gives us an opportunity to get some experience with the process and to see how it's working and thereby work out some of the kinks in the ordinance itself. But it will be an educational process for all of us and I'm sure that we can come up with a more complete and accurate ordinance at that point in time. And I think the possibility of having the mandatory program at the end of that period would provide substantial incentive to get a voluntary program kick-started. So I would very much agree with that program. CHAIRMAN COLETTA: I can't really agree with what we're saying here. I'll tell you the reason why. I was a small business owner for 16 years in Collier County. And I mentioned the fact that I recycled two products in my conversation. One of them was waste oil. But I didn't mention the fact that this was a mandatory requirement and that this waste oil was required to be recycled and also too, you had the pollution control here in Collier County that would check up on people to make sure that they adhered to this regulation. Now, most likely I would have done it regardless of the regulation. But I'm sure there's many other people that would conveniently do as they had in the past and dispose of it on the ground or in the waterways. The other part was the cardboard that I mentioned that we recycled. Now, did I do that because it was a tremendous incentive to do it? Yes, it was, because if I put it all in the dumpster, the dumpster Page 82 May 28, 2002 was filled and there was no place to put anything in there. So the incentive for those two products was already, one, required by the ordinance and the other one required out of necessity to leave some space in the dumpster for the rest of the refuge that we generated in the business. I do think that this ordinance that's put together lacks anything in the way of substantial teeth that's going to hurt anyone. I think that probably percent of all people are already recycling one item and could comply. I do think it's a starting point and this could be torqued as time went along. Every year we get to revisit it. And if the business community feels that we've imposed something on them unjustly, they have all sorts of remedy to be able to bow out of this, including the fact they can ask for an exception to the whole rule. They can claim a hardship. They can be a small business that's only used in a small amount. It's just a beginning point. And for that, I'm going to make a motion for approval of this ordinance. COMMISSIONER FIALA: And I'll second it. CHAIRMAN COLETTA: Now discussion. Commissioner Henning? COMMISSIONER HENNING: Several things. I guess my concern about the ordinance is, who is the County Manager that's going to make the designee to enforce the ordinance or have the variances? And what is the criteria for the variances? I don't want to get into a situation that we're allowing employees of the County to grant variances that -- they should have some kind of criteria in the ordinance. I do believe that there is a residential ordinance mandating recycling, Commissioner. And the problem I had with that is each year we have a third of our residents change over, either moving out or just moving in. And there's not a lot of education there. And I'm Page 83 May 28, 2002 seeing that from experience of many houses that don't have recycling bins out on the day of recycling. And I think that we can do much better through an educational process, just like we should be doing on the business side of it. It should be an educational process to get them to recycle. And then in another year from now or 18 months, just come back from our experience and then we can consider an ordinance, something that would really fit the community and the different businesses. And I'm talking about, you know, different variance's criteria. And we also need to identify who the haulers are going to be of the different recyclable materials out there. And like Bob Krasowski says, and if I may quote, "We don't know the full impact of this ordinance." And that's very true. If we do have an educational process where we implement it to educate the businesses to recycle and also have a hauler for these different kind of recyclable items and like Bob says, "I don't know what the big hurry is on this." And I agree with that. I think that we can have that educational process. And then once we work out all the kinks, bring it back for consideration at that time. COMMISSIONER CARTER: Commissioner, would you be supportive of the idea of the marketing plan to the businesses with measurable goals that gives us an indication of what takes place? And at 18 months, that they're not doing it, then I say come back and put the ordinance in as mandatory. COMMISSIONER HENNING: Correct. COMMISSIONER FIALA: Well, I wanted to make a comment. We read right here in our summary -- or in our agenda packet that the four businesses that were targeted, the one business who was the major recycler, that by the way, had the most tonnage, said that being that they're not an owner and they wouldn't realize any financial gain Page 84 May 28, 2002 from recycling when their experiment was over, he was going back to not recycling, because it was too much of a trouble. So, in other words, our landfill continues to fill up. So I feel it's necessary right now to do whatever we can to preserve what space we have left in our landfill, especially for those businesses who don't own their -- the property that they sit on and have no encouragement to -- what? No encouragement. I think that we need to place a mandatory status on this. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: If I understand the target recycling levels as proposed in this particular ordinance, the 18-month or two- year voluntary period would have little or no impact upon the amount of recycling. Because even if the ordinance were passed right now, there is a voluntary period for getting people to use it. So and the question really becomes: What if they achieve the efforts voluntarily? Why do we ram this down their throat? And from a practical standpoint, I don't really see that we gain much by going ahead with an ordinance that everyone, at least all the public speakers have said it's flawed in some respect and we need to have some additional work on it. So I don't see anything that we lose to try to refine that, learn a little bit about the process as we go through a voluntary recycling program, and then if we don't meet our targets, it becomes mandatory. And I don't think it's -- COMMISSIONER FIALA: 18 months after that to try this -- COMMISSIONER COYLE: COMMISSIONER FIALA: volunteer again -- COMMISSIONER COYLE: So then do we have to wait another Oh, no. No. -- mandatory one thing while they No. Page 85 May 28, 2002 COMMISSIONER FIALA: -- to learn how to do it? I mean, I think we've got to put a -- we've got to save this landfill. And I think we need to start now. CHAIRMAN COLETTA: And if I could bring up another point, too. Recycling isn't new, it's been a long time now. And it's very easy for the consumer out there, the regular homeowner, to recycle because they're working with the item one item at a time. For businesses to recycle, there has to be an incentive and some direction to help them along with it. It feels good; that helps in some cases. But for the most part, it gets down to dollars and cents. If I own a certain establishment and I have ten competitors and I'm going to be the only one to recycle, I now place myself at a disadvantage. In order for this to be fair, you have to have a level playing field. And believe me, they will not recycle of any substantial means on a voluntary program. We've offered it voluntary for how many years now? And it's been in the public domain, recycle, recycle, recycle. You see it on a continuous basis. Businesses are profit-orientated. I know. I've been in one for long enough. You do what you have to do to survive. And this is a guideline to be able to help them get to that point. If we find it's too restrictive after one year, let's trash it and go back to the old way. COMMISSIONER HENNING: Mr. Coletta? CHAIRMAN COLETTA: Yes, Mr. Henning. COMMISSIONER HENNING: If you don't mind, with all due respect, I disagree with you. The business community is part of the community. And they're a part of solutions. So we need to encourage them to be a part of the solution. And I can tell you -- I can't tell you how many customers that I took through my business and said, these are the items that I recycle. It was a proud moment to gain that customer's confidence that I am a Page 86 May 28, 2002 part of this community. And I know so many business people out there that do the same. And we need to encourage through education. And I'm sorry, but I just don't see the business people as just trying to be out there to just try to save a buck. CHAIRMAN COLETTA: I understand. And I'm going to go to Commissioner Fiala. And then if anyone else has any comments, I'm going to call for the motion. COMMISSIONER FIALA: Thank you. Last year we started this conversation about commercial recycling. And at that time the Chamber came before us and said, "Give us a year. We need a year to inform our membership and so forth." Now it's a year later and they're saying, "Give us another year or 18 months," and we still haven't advanced. We still only have three percent recycling out of the business community, even though they've had a year to encourage them to recycle. And they're still responsible for 60 percent of the recycling material put into the landfill. I do not think it's the way to go. CHAIRMAN COLETTA: Okay. With that, I'll call for the motion. All those in favor of the motion indicate by saying aye. Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: All those opposed. COMMISSIONER CARTER: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Okay. The motion failed by two to three with Commissioner Fiala, Commissioner Coletta voting for it. COMMISSIONER CARTER: I would like to introduce another motion that we adopt the provisions of the nonresidential recycling ordinance after 18 months along with a marketing plan with Page 87 May 28, 2002 established goals that businesses through the Chamber and other resources can meet to demonstrate how well we do. At the end of that period, if they don't meet the goals, then it would become a mandatory ordinance. COMMISSIONER HENNING: I'll second the motion for discussion purposes. CHAIRMAN COLETTA: So we have a motion from Commissioner Carter and a second from Commissioner Henning. Discussion, Commissioner Henning. COMMISSIONER HENNING: My -- I'm more in favor of it. And this might be part of your motion is for the County to spend some money on educational purposes for recycling from the business sector. COMMISSIONER CARTER: Well, that's part of a marketing plan where we go out to our customers and say, "This is what you need to do." But I would like to make the business community a partner in -- what are the goals we want to achieve? How much can we accomplish in this period of time? And that plan can be brought back to the Board for review again if you like. It also, secondarily, gives us an opportunity to work through the administrative procedures which seem to have a lot of concerns so that we have thought this through -- so at the end of that period, if you met the goals, you don't need the ordinance. But if you haven't met the goals, then that's the end. You have to do it. Then you are mandating to a business, "This is what you have to do." I happen to have enough faith in the business community that I believe if given the goals, understanding what they have to do to get it done, that this is an opportunity for them to do it. But we haven't really had a marketing plan. There hasn't been a sales effort. And businesses respond to, show me the bottom line, show me how this is cost-effective for me. And when they see that, every Page 88 May 28, 2002 smart business owner will do it. Now, are there some that will take exception to that? But the vast majority won't. So I think we could accomplish that through the ordinance. CHAIRMAN COLETTA: Commissioner Fiala and then Commissioner Coyle. COMMISSIONER FIALA: Yes. Rather than the County putting too much money for advertising, I'd like to see the Chamber. They wanted to put this off for 18 months. Let them put up the money to market to their people. We haven't seen that done this past year. So I'd like to see them put their money where their mouth is, number one. Number two, do we have any safeguards so that in six months if we see recycling has not improved from the business community, we might be able to go back and rethink this, because we're now banking on them doing what they haven't done this past year when they were going to do it. And again, the landfill just keeps filling up every day. COMMISSIONER CARTER: Well, I think also, Mr. Chairman, don't lose sight of it, there's other pieces coming forward that are going to be dealing with the landfill issues. And when you get to those pieces, you may see additional savings on that landfill. So this is not an isolation. This is just a part of the total program. CHAIRMAN COLETTA: Commissioner Carter, as part of your motion, would you include an interim report in six months? COMMISSIONER CARTER: I don't have a problem with that. CHAIRMAN COLETTA: Okay. Second? COMMISSIONER COYLE: I had a question. CHAIRMAN COLETTA: Yes, go ahead. COMMISSIONER COYLE: Okay. The one thing I want to make sure of is that nobody gets the impression that we're doing something that is going to have a major negative impact on the landfill, because that's not what this does. Page 89 May 28, 2002 The current projection, if this were a mandatory program, the current projection is that there would be five percent recycling by the end of this year, 2002. And by the end of 2003, there would be 30 percent recycling. I see no reason we can't set those as our goals, and it will have no impact whatsoever on the landfill. It will achieve exactly the same goals, and it will give us an opportunity to work out the problems and the ordinance. I would like to ask one question. I think it's a legal question. What I wouldn't like to do is to give this grace period and then say, "Whoops. We need a mandatory ordinance. Now, let's spend six months or more getting a mandatory ordinance." Is it possible to proceed with refining a mandatory ordinance that would be placed, in effect, if we didn't meet our goals so that we don't waste more time debating that issue? MR. WEIGEL: Commissioner, yes. I think the answer is unquestionably yes. The ordinance-- with a draft ordinance as it is today can continue to be worked over and brought back. And I had a question for clarification on the motion for my own clarification. The motion was actually clearly stated by Commissioner Carter. But he had talked in terms of adopting after 18 months. And so I wanted to make sure that staff, as well as myself, was clear that we would be talking about if the motion, as amended on the floor were to be adopted, that this ordinance would be adopted in 18 months or it's adopted now lying in place to be effective in 18 months? COMMISSIONER COYLE: That was my question. MR. WEIGEL: It can be done that way. And in essence, if you adopt it as it is now and the marketing plan is separate from the ordinance and it doesn't -- I do not see that it requires that the ordinance be changed or modified to talk about a marketing plan. What I understand that to be is Board direction to staff to do that. And Commissioner Fiala has talked about the Chamber doing a Page 90 May 28, 2002 marketing plan. These details can be worked out and reported back to the staff-- or to the Board periodically as far as that goes, how it's going. Whether it's at a six-month specific time frame or just more informally as time goes by and meetings are held. But you can adopt this ordinance today with an effective date, 18 months from today, whatever time period you say, unless one of our other able attorneys stands up, that's kind of standard practice as an availability to you. And you can always change that ordinance, even though its effective date has not come into being yet, it's adopted but not effective at some point later. And you can change it prior to months if you determine to. COMMISSIONER COYLE: I guess my question didn't intend that we adopt the ordinance today. MR. WEIGEL: Okay. COMMISSIONER COYLE: So much as to say, can we refine the ordinance over the next several months, work out some of the concerns that some of the Commissioners have and some of the members of the public have? Bring it back to us, we could then consider it for adoption at that point in time. And that way we would have an ordinance in place that could be implemented if we don't meet our deadlines. Would that be acceptable, Commissioner Carter? COMMISSIONER CARTER: Well, let me get a legal response to that. MR. WEIGEL: The answer is yes. And it may well be that the forum you'd like to have to discuss refinements would be a workshop. So it's not a formal hearing. But, you know, up or down votes yes or no on an ordinance. Although you always can make changes on the floor within certain parameters. If we get too far afield from what's advertised, then we start to run into potential legal problems. But it may be that you'll want to do a workshop, taking the ordinances that's before you today as a model Page 91 May 28, 2002 and some variations on that theme, two or three or four, maybe several different elements to be workshopped at some point or various times during the next 18 months. COMMISSIONER CARTER: I think that answers my question. It gives you the framework. It gives you everything that you need. You don't start from scratch. All you're doing is improving what you have. And in the interim then your suggestion is right on, let's take the goals that are there. Who pays for it, I think is an excellent point by Commissioner Fiala that the Chamber needs to belly-up on this and be the ones that provide the funding. But I think we can together, we can take the resources and develop the marketing plan and how you're going to communicate and get people to sign up and participate. CHAIRMAN COLETTA: What do we got? MR. MUDD: We got a motion and a second, I believe, right? COMMISSIONER CARTER: And we have a comment from our County Commissioner. CHAIRMAN COLETTA: Mr. Olliff?. MR. OLLIFF: Just two points. One, if-- I would suggest that in follow-up to this motion that if this is the direction the Board's going to take that we would do two things: One, I think we're going to need to bring back an item upon your agenda at some point to talk about how we measure this, because without this ordinance in place, I don't know how we measure the business community's compliance. And through this ordinance, there was a process where each and every business then would be part of the registry and we would know. So I think, formally, we're going to have to bring back something that's going to be the mechanism for that. Secondly, I would think the workshop idea is probably a good idea if that's again the route that you want to go, because I think there's a number of issues that we heard here today that we would Page 92 May 28, 2002 want to try and work out with you in addition to not only the measurement standard, but I think some of the issues about the variance process obviously the Board wants to see some criteria for. And those are the two recommendations that I'd rhake in addition -- or strapped onto your motion. COMMISSIONER CARTER: I don't have any problem with that, Mr. Olliff. And I really agree, we need to find out how we sign people up. We have to have the system in place. That's what I'm looking for is a well-defined system that covers all these points. And I candidly don't think we have that this morning. But we still have the framework to move forward. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: You know, I know there's a way to measure the results without this ordinance. I'll be happy to talk to staff over it with the item. CHAIRMAN COLETTA: I think I'd like to hear a definition of exactly what we got. I heard a lot of counters back and forth. And it seems to be a little bit clouded. COMMISSIONER FIALA: And there was an addition to the motion by the way, but not an addition to the second also. COMMISSIONER COYLE: Now, you got me confused. COMMISSIONER CARTER: I don't know what your issues are. CHAIRMAN COLETTA: Well, could you restate the motion as you see it, Commissioner Carter? COMMISSIONER CARTER: We adopt the provisions of the nonresidential recycling ordinance as a framework that will be revisited 18 months from now. And in the interim, a marketing plan put together by the Chamber of Commerce and our Solid Waste Department to go out and solicit and get businesses to be a part of the program along with a system that will not only have the goals as Page 93 May 28, 2002 established that are in our program this morning, but a system to determine who signs up and how they participate along those lines. And I think that's generally what I've heard here. If I've missed something, Commissioner Coyle, help me out. CHAIRMAN COLETTA: So we're looking for a report back from staff from the workshop? COMMISSIONER CARTER: Yes. That would be part of staff's direction to get to a workshop to work out some of these details. And also Commissioner Fiala had requested that we have interim, and I would see no problem with all of that. I think every six months would certainly be an excellent idea. CHAIRMAN COLETTA: Okay. Is that fine with your second? MR. KRASOWSKI: Can I ask a question? CHAIRMAN COLETTA: No, you can't, Mr. Krasowski. MR. KRASOWSKI: Okay. CHAIRMAN COLETTA: We already had you in the course. Thank you, sir. Okay. With that, is there any other discussion? All those in favor indicate by saying aye. Aye. COMMISSIONER CARTER: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Okay. One oppose and that's Commissioner Fiala. And with that, we're going to break for our 12 o'clock certain which is- Item # 1 OK EXECUTIVE SESSION BETWEEN THE COLLIER COUNTY BOARD OF COMMISSIONERS AND THE COUNTY Page 94 May 28, 2002 NEGOTIATING COMMITTEE RELATIVE TO COLLECTIVE BARGAINING, AND THE SOUTHWEST FLORIDA PROFESSIONAL FIREFIGHTERS AND PARAMEDICS, LOCAL 1826, IAFF, INC. COMMISSIONER COYLE: At 12:10. CHAIRMAN COLETTA: -- at 12:10. And we're going to -- MR. WEIGEL: We're going to make a notice on the record right now of the County's Labor Negotiation Committee, Negotiating Committee, which will be Mr. Leo Oaks, Attorney Mike Pettit, Attorney Mark Levett, Mr. Jeff Walker and Mr. Jeff Paige. CHAIRMAN COLETTA: And we'll reconvene, I estimate probably 1:15 or 1:30. What would you recommend? COMMISSIONER CARTER: 1:30. CHAIRMAN COLETTA: 1:30 it is. MR. WEIGEL: Okay. 1:30. Thereupon, (A recess was had.) Item #8B PUBLIC HEARING FOR THE PURPOSE OF RECEIVING INPUT FROM SUBSCRIBERS REGARDING THE PERFORMANCE OF COMCAST CABLEVISION- NO ACTION CHAIRMAN COLETTA: Okay. Let's go on to Item 8-B. Mr. Wallace? MR. WALLACE: For the record, Lou Wallace, Director of Community Development Operations. Mr. Chairman, this is a public hearing for the Board to consider customer service provided by Comcast. Comcast holds a franchise issued by this Board as does Time Warner. Page 95 May28,2002 Staff is conducting compliance reviews on both those major cable systems. And next month, staff will be bringing you a request for transfer of the Comcast franchise to AT&T broadband. Staff thought it fitting that you should hear from the Comcast subscribers on the customer service issues prior to next month. Last week we extended the comment period for written comments to be submitted by two weeks. I gathered those last week and submitted them to the Board on Thursday. There's some written comments by Comcast subscribers. And with that, there's no action required by the Board except to consider these comments. And I understand there's just a few speakers. CHAIRMAN COLETTA: All right. Then we'll go on to the speakers. MS. FILSON: Yes, Mr. Chairman. We have two speakers, Joseph Norris, and he will be followed by William Gaston. MR. NORRIS: Good afternoon, Commissioners. I think I'm going to be a little nervous here, but I'll do my best. I have before you a -exhibit mail fraud complaint against my homeowners association and Comcast. In, my homeowners association entered into an exclusive contract with Continental Cable, which is now owned by Comcast. That contract states that they have the right to all services, television services, pay-per-view services in our homeowners association. Comcast also demanded -- or Continental Cable demanded that it would be a common expense for everyone, which means that you will lose your home to foreclosure under a Comcast exclusive contract if you choose a competing telecommunications provider. Now, I asked my children, before the contract was signed, if they preferred to have a satellite system or to go with a cable television program. Page 96 May 28, 2002 I, myself, prefer to use the satellite system, because I was bom with the disease called toxoplasmosis, which left me 90 percent blind in my right eye. And I suffer from double vision and some severe learning disabilities. So I decided to go with the satellite dish. But I let my children pick. And they looked at the programming, and they decided that they would rather have a satellite dish than go with the local programming. So under the Telecommunication Act, I felt that I had the right to install an outside antenna, receive my local television programming for free, my Florida Public Television for free. Comcast states in their contract that they have the right to charge me for Florida Public Television that I am receiving for free in direct violation of the Telecommunication Act. Comcast is in direct violation of the Cable Television and Consumer Protection Act. They cannot force exclusive contracts onto neighborhoods that cause unfair competition to the satellite industry. The '96 Telecommunication Act opened up a marketplace for free enterprise. Anyone under the Telecom Act can compete. But I had written my homeowners association and asked for reasonable accommodations under the law, how they'd advise me to do this. My homeowners association sent me a bill for $600 for reading my application, with no response. I was harassed for five years. I had three different liens put on my property. I lost my credit. I asked for a loan on the equity of my house to help put my three kids through college, and the bank said, "You owe a $4,000 lien. You would have to pay the lien off first." Well, my wife and I didn't have the money to do that, so we used our credit cards at the time to supplement our children to college for their food and tuition. So I come here to you to ask you to suspend the license of Comcast Cable for a number of reasons, for their violations against the four members Page 97 May28,2002 that are protected under the Fair Housing Act: The handicap, the religious people of natural origin and family. I have a friend who lives in Imperial Golf Estates. She's a very devout Christian woman who does not have cable television. She only allows her children to watch Christian television programming on cassettes and family value programming. Imperial Golf Estates entered into a contract, exclusive contract, with Comcast that forced every homeowner to pay for cable television. She fought with the Board saying that she had a 1 st Amendment right not to associate with Comcast. It cost her over $800 to remove the liens on her property. She still pays the bill under protest. And she feels like her 1st Amendment right has been violated. While undergoing my mail fraud complaint, all the information to file a mail fraud complaint, it bothered me when I discovered when I petitioned for some of the contracts from some of these people to ask their boards for the cable television contracts, I found out huge differences in pricing. And I also found out that Comcast redlines. It will go down 951. It will go into all the country clubs, charge them $20 for cable television, go right across the street and charge minorities over $40 for the same service. This is illegal, because what is happening is these contracts are sold sometimes so far below the operating of Comcast infrastructure that minorities are now forced to pick up or supplement the cost of cable television for rich white families. Can I have another minute here. CHAIRMAN COLETTA: Sir, I'm going to have to ask you to wind it up. MR. NORRIS: Okay. I feel as if the 14.5 percent telecommunication tax that the State of Florida has placed is segregating neighborhoods. White families are only paying $3 a Page 98 May 28, 2002 month in franchise taxes, while minority families are paying $6 a month for the same service. I think you have a moral obligation to look into this, stop Comcast from offering deep ball contracts that undercut the cost of their infrastructure. And I believe it's your responsibility to see that everybody pays the same fair price for telecommunication service in Collier County. Thank yOu. CHAIRMAN COLETTA: Thank you, sir. MS. FILSON: Your final speaker is Mr. William Gaston. MR. GASTON: For the record, William R. Gaston, President of Marco Island Cable. I'm also a Comcast customer at N-305 Anglers Cove. I would like to request to the Collier County Commission that the transfer of Comcast to the new entity not be allowed until the following conditions are met: Number one, that Comcast be forced to stop frozen contracts that are in violation of Florida State Statute 718.1232, which assures a condominium apartment owner or tenant the ability to choose any licensed or franchised multichanneled video service provider. In essence, this part of the statute assures access to any cable or satellite provider. Number two, that it renounces null and void the provision and all existing contracts that require exclusivity. And three, that it accept the following statement in its transfer of franchise; "The franchisee shall not enter into or enforce an exclusive contract for the provision of cable service or other multichannel video programming provider with any person, entity or location or demand exclusive right to serve a person, entity or location as a condition of extending service or providing service. Violation of this provision shall result in an immediate review and revocation of this franchise." The City of Marco has adopted a similar provision. Page 99 May 28, 2002 Number four, that it provide uniform pricing throughout the franchise area and all of Collier County. Marco Island Cable was issued its current franchise by Collier County in. The same is true as Comcast. The City of Marco has never issued a franchise. The Communications Act of mandates that pricing may not be predatory in nature and within the franchise area. And Florida law does not allow predatory pricing or dumping. Marco Island Cable knows for a fact that this year Comcast is offering customers on Marco an initial rate of $14.95 per unit for expanded basic. Nine years ago, when Marco Island Cable started in business, Comcast's bulk rate was $18. On Marco, bulk rates have come down since 1993, while comparable single-family rates have doubled. To my knowledge, this bulk rate is not offered in Naples and unincorporated areas of Collier County. In fact, I have in my possession a proposed service agreement for a large condominium complex in Collier County, in your Naples, that offers an initial rate of $27.50 for a five-year agreement. The same agreement from Comcast would only be $14.95 on Marco. Obviously the rate is higher where Marco Island Cable system is not available. Well, Marco Island Cable serves almost 7,000 customers on Marco and now is in front or has the ability to serve 11,000 customers. Its continued expansion in Collier County is in doubt. Most all of the new developments on 951 have exclusive agreements for cable service. On Marco, with full expanded basic from Comcast offered at only 14.95, its expansion is in doubt. Marco Island Cable is being dealt a one-, two-punch exclusivity that forces condominium boards to violate a Florida Statute to receive service. And secondly, if you're on Marco, the unbelievable rate, again, 14.95. In reality, there are only two significant times that a local franchising authority may exercise any regulatory pressure on a cable company, at franchise renewal and a transfer of control. Page 100 May 28, 2002 Currently you are transfer of control. You have that opportunity now, and please don't let it pass you up. CHAIRMAN COLETTA: Yes, sir. COMMISSIONER HENNING: Mr. Chairman, just a question. Mr. Gaston, are you saying that we should, out of the contract provisions between the County and Comcast or the new companies, remove the bulk rate? MR. GASTON: No, sir, not at all. COMMISSIONER HENNING: What does then provide uniform pricing throughout the franchise? MR. GASTON: Okay. If Marco Island Cable is serving certain sections of Marco and wishing to expand in areas of Collier County, we have our rate that has been uniformed for eight years, basically posted for five years. Comcast is going against us on Marco at a very low rate. But that rate is not being offered to your other constituents in Naples and Collier County- COMMISSIONER HENNING: I see. MR. GASTON: -- to my knowledge. COMMISSIONER HENNING: Are you allowed to go into their franchise area to offer your cable? MR. GASTON: Correct. Comcast does not have an exclusive franchise and neither do I. CHAIRMAN COLETTA: That's Marco Island? MR. GASTON: That's correct. CHAIRMAN COLETTA: Or is that all of Collier County? MR. GASTON: Well, we received a franchise from Collier County. Comcast received a franchise from Collier County. This portion of that franchise that is in Marco Island was assigned to the City of Marco by Collier County. Page 101 May 28, 2002 COMMISSIONER HENNING: But you can go outside of the municipality, down 951 and where Comcast is serving and offer your service to their customers? MR. GASTON: Correct. I can with the modification -- of a very relatively easy modification of the franchise, go up 1. That is my intention sometime in the future. I am currently -- under the provisions of franchise issued by Collier County, we are in compliance with build-out requirements. In fact, we're ahead of the build-out requirements on Marco. And at some time we do hope to extend. Thank you. CHAIRMAN COLETTA: Are there any other questions for the public speaker? With that, I'm going to close the public speaker part of this agenda item. And this requires no action on our part, but you want to make some comments, Mr. Wallace? MR. WALLACE: That's correct, Mr. Chairman. I might add, just for clarification, Mr. Gaston's franchise, Marco Island Cable, he has a franchise to provide cable service to the Island of Marco Island. That's what his current franchise covers. In 1998, with the incorporation of City of Marco Island, within the city limits that was transferred to the City of Marco Island Council. The only thing that's in his current franchise, the unincorporated areas, the area Goodland, just outside the corporate limits of City of Marco Island. So he would have to come in and query either a new franchise in the unincorporated area of the County off the Island or amend his current franchise in order to serve off the Island. I appreciate his comments. And staff will look into those comments that were brought up. And you will be seeing the application for transfer the last meeting in June. COMMISSIONER FIALA: This will allow us some wiggle room here? I mean, we've had a lot of comments from citizens that are concerned. And will this give you some negotiation hour? Page 102 May 28, 2002 MR. WALLACE: I would expect that Comcast will make a presentation at that time where they may address the comments of the subscribers that I provided you last week. They do have copies of all of those. CHAIRMAN COLETTA: This requires no other action on the part of the Commission? MR. OLLIFF: No, sir. Item #8C PETITION RZ-01-AR-1143, JAMES G. O'GARA, REPRESENTING GOLDEN GATE CAPITAL, LTD., REQUESTING A REZONE FROM "RSF-3" RESIDENTIAL SINGLE FAMILY TO THE "RSF-5" RESIDENTIAL SINGLE FAMILY ZONING DISTRICT, LOCATED AT THE NORTHEAST CORNER OF 50TM TERRACE SW AND 22Nr) AVENUE SW- CONTINUED TO LATER IN THE MEETING CHAIRMAN COLETTA: Okay. Thank you, Mr. Wallace. We'll move on to the next item, which is going to require those people wishing to participate, Dan, to be sworn in. And do we need to get disclosures on part of the Commission on this? We'll start with Commissioner Carter. COMMISSIONER CARTER: No disclosures. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: This is on the Golden Gate thing? CHAIRMAN COLETTA: Right. COMMISSIONER FIALA: No, I have not met with anybody. CHAIRMAN COLETTA: I received a couple of e-mails along the way. I met with the petitioner a long time ago on this issue. It seems like it was about three months ago. Page 103 May 28, 2002 Commissioner Coyle? COMMISSIONER COYLE: The same is true for me. It was quite some time ago. COMMISSIONER FIALA: Well, I think I did -- somebody came into my office in Golden Gate from-- CHAIRMAN COLETTA: Okay. That's correct. COMMISSIONER FIALA: It might have been this one person. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: I went to the public hearing months ago and contacted the Civic Association and neighbors around this petition who live around there. CHAIRMAN COLETTA: Thank you. Mr. Bellows? MR. BELLOWS: Good afternoon, Commissioners. For the record, Ray Bellows, presenting petition RZ-01-AR1143. The petitioners are requesting to rezone this subject 3.7 acre site from RSF-3 to RSF-5. This will allow for single-family dwelling units. As you can see on the location map, the site's located north of 22nd Avenue and south of 20th Place. The site is currently vacant and was previously cleared and plotted as Block 168, Unit 5 in Golden Gate. The petitioner has indicated that the subdivision of this property would only yield 11 single family lots based on the density of three units per acre. This would result in less lots than is currently developed in the adjacent property, because the RSF-5 Zoning District allows for a maximum of 18 lots on the subject 3.7 acre site. The petitioners agreed to limit the rezone to 16 lots. The other reason for rezoning the subject property is that as you can see on the conceptuals plan here, the shape of the tract is generally curvilinear, creating pie-shaped lots. Therefore, the resulting lot sizes would not completely conform to the RSF-3 lot widths of 80 feet. The rezones to RSF-5 will allow them to have ability to configure the subdivision to obtain the proposed 16-lot Page 104 May 28, 2002 subdivision without receiving -- or going less than the minimum lot frontage on many of the public roads. The traffic impact set indicates that the traffic generated by the project would not significantly impact any project and would be approximately 160 trips on a day, on a daily basis. The subject site is located within the activity center or an intensity band within the future landings map. As you can see on the future landings map, the subject site's just outside the activity center and within the density band which is one mile from the activity center. The density band allows for additional three units per acre over the base density of four units. So the site is eligible for a density of seven units per acre. However, they're only asking for the RSF-5 zoning with the limitation to 16 lots. So therefore, it is consistent with the future landings element. And staff has no problems with limiting the site to 16, which would be similar to the number of units on the adjacent properties to the north's south. This petition went to the Collier County Planning Commission on April 18th. And by a vote of eight to zero, they recommended approval subject to some conditions that have been incorporated to the ordinance. But first is that the development of Block 160-AP limited to 16 residential lots at all residential units will have a minimum floor area similar to the RSF-3 Zoning District. The project shall connect to water and sewer, utilities that are available in the area. And lastly, the project shall be consistent with all applicable development standards in the RSF-3 Zoning District. What the petition is basically proposing is a subdivision that will result in the same number of lots as adjacent property. As you can see on this location map, there are a number of lots on the west side of the site because of its curvilinear nature is resulting in pie-shape box. To the north side, we'll also have the same amount of lots close Page 105 May 28, 2002 to the property zone than on the east side. Based on this, staff has recommended approval. The Collier County Planning Commission has recommended approval. During the Planning Commission Meeting, there was some evidence presented that the subject site is subject to a deed restriction. This deed restriction was between Gulf American Corporation, which limited this particular tract to civic uses such as a park. Through discussions with our County Attorney's Office, deed restrictions are not enforceable by Collier County. And that's a civil issue between the residents and the property owner. Staff has discussed this with me, the person who raised the issue. And I'm not sure if they're here to discuss it further. But this is a civil issue. And I'd be happy to answer any other questions you might have. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: Why was the recommendation to hook up to water and sewer? MR. BELLOWS: Well, I think most of that came about because there is water and sewer that's coming to the area. And they didn't want these things to create a further problem with too many units of well and septic too close to each other. COMMISSIONER HENNING: My understanding from the utility company, they're only extending water and sewer if somebody requests it. So who's requesting it in the area? MR. BELLOWS: Well, the petitioner has agreed to extend utilities to serve these lots. COMMISSIONER HENNING: Okay. So you're saying that the petitioner is asking for water and sewer? MR. BELLOWS: Correct. COMMISSIONER HENNING: So why would it be a recommendation by the County Commission? Page 106 May 28, 2002 MR. BELLOWS: Well, they created it during the Planning Commission Meeting when the issue was arisen whether they would have water and sewer or not. COMMISSIONER HENNING: It's my understanding that the sewer plant sought the wastewater treatment plant because of a lot of activity there and of hookups that it's creating an odor problem. So I just, I don't know if we're going to get that discussion with some of the concerns of residents in the area or not. MR. BELLOWS: This project would not exacerbate, significantly, any problems with the processing of water or sewer to this. COMMISSIONER HENNING: Will that help it? MR. BELLOWS: No, it will not help it. COMMISSIONER HENNING: Okay. MR. BELLOWS: There is a concern among some of the residents that called me and also showed up for the Planning Commission that too many wells and septic in that confined area could cause some problems also. So the petitioner agreed to extend utilities. COMMISSIONER HENNING: Thank you. MR. BELLOWS: Do we have a question? CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: A whole other infrastructure is in place here? No problems with the roads or streets, water service? MR. BELLOWS: No problem with levels of service of the roadways or anything like that. COMMISSIONER COYLE: Okay. Thank you. CHAIRMAN COLETTA: How many speakers do we have? MS. FILSON: We have two, but I think the petitioner wants to speak. CHAIRMAN COLETTA: Okay. Page 107 May 28, 2002 MR. O'GARA: Good afternoon, Mr. Chairman, members of the Commission. My name is Jim O'Gara. I think Ray did a good job describing the project. There's a couple of things, one it is -- there are some folks that allege that there is a deed restriction on this property. We were well aware of that when we purchased the property. And our attorneys, and especially the title company, worked very closely with the Avitars counsel. And we are confident that there is no restriction against this property. Again, to reiterate what Ray said, that's a civil issue. But we're confident that that restriction no longer applies. As Ray described, this property is currently zoned RSF-3. We are requesting a change to RSF-5, which is reflective of the density in the area. The typical lots in Golden Gate City is approximately ten thousand feet, 80 by 125. This particular property consists of 3.7 acres, 160,000 square feet. And we are going to equally create ten thousand square foot lots that mirror the same configuration and size as the properties butting the property. The reason we're asking for RSF-5 is with a ten thousand square foot lot, ten thousand square foot lots into 43,560 is 4.356 something. That requires us to go to the next digit, RSF-5. While RSF-5 could theoretically allow you to do smaller lots, different setbacks and whatnot, we are committing to the maximum of 16 lots, no lot less than ten thousand square feet. And we are using the RSF-3 Building Standards for construction, the -- which go into detail about the side yard setbacks, rear yard, minimum floor area size and that kind of thing. We've made a number of promises to members in the neighborhood. And while I realize this is a zoning hearing, I wanted to make sure that those promises were read into the public record so that there's no possibility of a bait-and-switch by the developer. These are commitments, as I said, no lot less than ten thousand Page 108 May 28, 2002 square feet, maximum of 16 lots. The construction will all be done pursuant to the RSF-3 standards with the exception of the lot width. And that's the reason, because of the pie-shaped nature, we had to have some flexibility in the frontage of these properties. We also agreed to extend sewer and water to the property at our expense. Further, at the request of the Golden Gate Civic Association, the RSF-3 standard has a minimum of a thousand square foot floor plate. We agreed to make the minimum floor plate 1,200 square feet. Our smallest unit was in excess of that, and it made sense. About the only other thing I could think of, typically the pricing of the housing, these houses will sell for approximately $140,000, some a little more, some a little less, just kind of vary as to the market. But this is consistent with my understanding of the Board's desire to increase the housing stock in this price range. I'd be happy to answer any questions. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: In that Planning Commission's recommended a thousand square feet and what your per household residence and you're saying you're going to commit to 1,200 square feet? MR. O'GARA: That is correct, sir. COMMISSIONER HENNING: Is that excluding the garage? MR. O'GARA: That is excluding the garage; yes, sir. COMMISSIONER HENNING: And then there will be garages on each-- MR. O'GARA: It will be garages on each one as well. COMMISSIONER HENNING: Okay. Commissioner Coyle pointed out to me as an example to try to measure the loss that is similar to neighboring areas. MR. O'GARA: Yes, sir. Page 109 May 28, 2002 COMMISSIONER HENNING: Yeah. And what he explained to me is very true is the section just to the -- well, underneath of it is not a good example because, you know, the rings get tighter as you go down; would you agree to that? MR. O'GARA: Yes, sir, that is correct. COMMISSIONER HENNING: So I can't use that as an example, but I want to the -- the one to your left to measure. No. CHAIRMAN COLETTA: This one. COMMISSIONER HENNING: This one. That block. So I measured it and I came out with six on one side and eight on the other side, a full lot. MR. O'GARA: There are nine lots on this side and seven on this side. COMMISSIONER HENNING: Full lots, not -- MR. O'GARA: Full lots, yes, sir. COMMISSIONER HENNING: -- half lots or -- MR. O'GARA: Full lots. COMMISSIONER HENNING: That isn't how I seen it. I used the example right next to it. MR. O'GARA: I have the plat that I can be happy to show you. COMMISSIONER HENNING: I'm going by this example here. That's part of the plat map for Golden Gate. It's in our example. On the back side of your warranty deed it says, "Plat Book, Block 8." MR. O'GARA: There are seven, ten thousand square foot lots here and nine, ten thousand square foot lots here. The frontage on these lots, with the exception of the comer, are .- COMMISSIONER HENNING: Mr. O'Gara? MR. O'GARA: -- Yes, sir. Maybe I'm not getting it. COMMISSIONER HENNING: Yeah. If we take that Block 178 and move it to the left, right there - MR. O'GARA: Yes, sir. Page 110 May 28, 2002 COMMISSIONER HENNING: -- what I measure on one side is six lots on the shorter side and eight lots on the other side, right? MR. O'GARA: Yes, sir. COMMISSIONER HENNING: And I'll remeasure it. But that's -- if you want to be similar to what's around there. MR. O'GARA: That block is not as long as this one is. Perhaps this might help. CHAIRMAN COLETTA: Remeasure it. COMMISSIONER HENNING: I'll remeasure it. I'll use a different ruler. MR. O'GARA: This is the proposed subdivision of ten thousand square foot lots. We actually have -- well, I realize this is a zoning hearing and this is an example. This is the subdivision that we proposed coming back with. Everyone of those lots are ten thousand square feet. COMMISSIONER HENNING: Okay. MR. O'GARA: There's a total of 1,000 square feet here. Ten thousand feet. COMMISSIONER HENNING: Okay. Well, if you turn that around, I'll step up there in just a minute and look at your example so I can-- MR. O'GARA: Okay. COMMISSIONER HENNING: That's a real fine example there. MR. O'GARA: Yeah. We have a copy of the survey that shows the 3.7 acres, which is 160,000 feet divided by ten thousand lots is 16 lots. If you-- there are 4.356 ten thousands in 43,560. All the other ten thousand square foot lots that abut this property, the density is 4. something. And that's the reason for the RSF-5 requests. COMMISSIONER FIALA: These are all going to be owner- occupied homes? Page 111 May 28, 2002 MR. O'GARA: Yes, ma'am. These are all single family, owner- occupied homes. Part of the problem was that Golden Gate platted before there was an RSF-3 Zoning. And the zoning that was Put on what actually was out there didn't necessarily reflect what was platted in that area. Typically the platting was done now with gross acres. What we're left with these remnant pieces are net acres. And so the lot sizes will be identical to all the abutting property owners. And the building standards will be the same as the abutting property owners. COMMISSIONER FIALA: One of the things that I notice that we have such a shortage of homes that are of an affordable price for owner occupancy. And so I was glad to see something like this, unless you have something -- COMMISSIONER HENNING: Are they going to be occupied or are they going to be rented out? COMMISSIONER FIALA: Well -- MR. O'GARA: They're for sale, single-family homes to be built. COMMISSIONER FIALA: I just asked that. Unless -- that's what I asked, are -- will they be owner-occupied and he said, yes, they will be for sale. But that doesn't mean that somebody can't come in and buy them all and then rent them. MR. O'GARA: I suppose that we're just building housing and selling houses. COMMISSIONER COYLE: That could happen anytime, I think. COMMISSIONER FIALA: Um-hum. CHAIRMAN COLETTA: Questions? Commissioner Henning, did you want to take advantage of the petitioner being there now to take a look at the map. COMMISSIONER HENNING: Yack at him? Page 112 May 28, 2002 CHAIRMAN COLETTA: Well, go up there to the map there and see what he is with his layout that he has. COMMISSIONER CARTER: Now, while we have this interruption, Mr. Chairman, I want to correct for the record, I did meet with Mr. O'Gara on this project. It has been a long time ago. CHAIRMAN COLETTA: You'll be noted. COMMISSIONER CARTER: And he went through this entire presentation with me as he's doing it now. CHAIRMAN COLETTA: Speaker? COMMISSIONER HENNING: I'm ready for speakers, Mr. Chairman. CHAIRMAN COLETTA: Okay. MS. FILSON: The first speaker is Cheryl Newman. You're last. Cheryl's last. The first speaker is Tracy Ingram. He will be followed by Cheryl Newman. MR. INGRAM: Yes. Thank you, Commissioners. My name is Tracy Ingram. I'm a resident of Golden Gate Unit 5 for about 15 years, Alumni of Porter Gulf University, lived in the area, College of Business. This isn't about, you know, whether or not he can use this property or develop it. I mean, we know, you know. I'm a business person myself. I agree, if he owns the property, he should be able to develop it, use the property. The question is is it equitable and fair to the residents of Golden Gate? Unfortunately I was given some information probably about five minutes ago that changed the gross acreage of that area property from 2.98 acres to 3.7 acres, which changes things a lot. Because with 2.98 acres, it's very hard to do ten thousand square feet lots and do 16 of them. My calculations came up with 12 lots for 12 units at ten thousand square feet. Page 113 May 28, 2002 And I had just some preliminary base -- zoom out here a little bit, you know, just some base calculations with the 2.98 acres, which RSF-5 would allot them with 21 units. But now with, you know, having 3.7 acres, you know, you could easily do 16 units there with ten thousand acres -- ten thousand square feet. I am the gentleman and related to the lady who were at the Planning Commission Hearing and -- or had the complaints about this previously being zoned as park site, which it was, and you saw that. It was zoned or deed-restricted as a park site. Collier County, some of your predecessors decided that you don't need to enforce deed restrictions. Deed restrictions kind of come apart on a property, you know, based on one thing or another. And there's no need to enforce them. That's not my call. That's not your call. I'm not going to argue that issue right now. My question is is the integrity, you know, when we get to this point, we're right now saying that we're going to give them RSF-5 Zoning, and he's going to be required to meet these standards that's he's supposedly said under oath, which I never seen him swear in or say in a public hearing, okay, that he's going to do these things with the property. I don't see anything that's going to restrict him or keep him to that. I mean, I have deed restrictions saying it's supposed to be used for a park site. And you're not upholding that. But you're going to uphold the fact that he has to have 16 units and has to have square feet of interior floor space? You know, how can I be reassured as a citizen, you know, and as a community member for a long time that that's going to be upheld? I don't see anything that's going to hold him onto his word on that. I understand. I mean, he seems like a very honorable man, and he gives a very eloquent speech. He comes up here, he talks, you know, and we've heard a lot of good things. But hearing things and seeing things is different. Page 114 May 28, 2002 One other thing I'd like to show you here, these, if you can see, these are the signs he placed up. They meet County standards, sort of, handwritten. Of course he only contracted with a sign company to do it. It wasn't directly his fault. If you see that a little bit more, you know, completely handwritten, doesn't have a turkey on there but we all fault him for that one. But, you know, he did put a sign up. And it did briefly meet County standards. But it isn't the quality of workmanship that we're looking for. I mean, I agree with your point. We definitely need, you know, single family, livable housing that's going to be good quality. But are you going to have housing that's going to be good quality and not going to burn down, you know, not going to be blown away next hurricane that comes by? You know, what's it going to be made out of?. What's the quality of standards? He makes a $140,000 house. Does he put $20,000 worth of materials into it? These are things I don't know. But all I have from experience is seeing the quality of work he's already done as the resident who lives across the street. And that doesn't give me an easy feeling of saying, "Oh yeah, we'll give him RSF-5, and he's going to do wonderful things. And he's going to build palaces over there and people are going to move in. And everything's going to be happy and hunky-dory," when I've lived across the street for 15 years and was told that this was supposed to be a park site. I don't expect you to enforce that. I just want you to look very carefully at what we're doing here, because we're giving him RSF-5 zoning. And I would just really like some reassurance that he's going to be maintained to the quality and expectations that he's being held to, because I've seen from experience what he puts up. And I don't have exact dimensions and stuff like that of how many units and square acreage. I mean, according to everything else from what we discussed, we discussed during the break, you know, it Page 115 May 28, 2002 would be ten thousand square feet. It would meet everything of RSF- 3 zoning except for the lot frontage which he agreed to, which would need RSF-5 zoning just so that he can go around the comers, cut comers, you know, because if you cut the comers you could make a little bit more property in there and make a little bit more profit. And I don't know if I necessarily want somebody -- you know, my mom is a real estate appraiser. She's appraised real estate here in the County for ten years. And, you know, we're not looking to have the property value in the area decrease. Mr. Commissioner, can I have a minute more? CHAIRMAN COLETTA: I'm just going to ask you to wrap it up, sir. MR. INGRAM: Absolutely. The only other thing I will mention is that the, you know, you have the middle school and the elementary school in the area. And they're both still with portables; over capacity. You have water and sewer, like they've already mentioned, that is, you know, over capacity. I'm very happy with well water. I have a very deep well. I have really good water. And when all of a sudden these water alerts say you have to boil your water, everything else is coming through, I'm not under those same restrictions because I have a nice deep well. Not everybody in the neighborhood has a well. And I understand that they will need to have water and sewer here to make this deal float, you know, based on some regulations, you know, some laws that were put into effect a long time ago. But if at the time this becomes County maintained water and sewer, we will be assessed to move over to water and sewer. And that's not necessarily the assessment I would like to have at this time. Thank you very much for your time. CHAIRMAN COLETTA: Thank you. MR. INGRAM: If there's any questions? Page 116 May 28, 2002 CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: Mr. Ingram, before you go, can you put that picture of the sign back up there and the one that you can see. And if I'm correct, isn't that supposed to state what is being rezoned, too? MR. BELLOWS: Yeah. For the record, Ray Bellows. The petitioner placed a sign on site in coordination with the County. He made a good point that the ordinance that requires this sign has not stated it has to be professionally block lettered on the ordinance. Staff has made that change and will be reading that back as an LDC Amendment that requires the signs to be professionally block lettered. Because the ordinance wasn't as specific as the lettering quantity type, he was allowed to proceed. The wording and the information contained on the sign is consistent with the requirements of the advertising for the sign and was allowed to proceed on to the Planning Commission and the Board of County Commissioners. COMMISSIONER HENNING: So you're saying that it did not have to be -- state what it's to be rezoned to? If I remember, by looking at the small signs, of course, he's done a great job of trying to inform the neighbors by a four by eight sign. But if I remember the old ordinance, it said it was the present zoning and being asked to rezone to a different rezoning. Like if it's agricultural to PUD, you needed to state that in the public notice. MR. BELLOWS: Yeah. It should have stated the zoning action. COMMISSIONER HENNING: So it wasn't advertised correctly? Posted correctly? MR. BELLOWS: It doesn't appear to be. The other thing is the Land Development Code Amendment has not proceeded yet with that change to require block lettering, but we're in the process of that. Page 117 May 28, 2002 COMMISSIONER HENNING: Correct. And I'm going by the old ordinance of saying those small signs, if I remember, when you got out of your vehicle and looked at them- MR. BELLOWS: Yeah. COMMISSIONER HENNING: -- it said, "From to." MR. BELLOWS: Well, this is consistent with the requirement as adopted requiring a larger four by eight sign. And I can't tell you offhand whether it's -- that ordinance says you have to have the actual zoning of that he should stated something. COMMISSIONER HENNING: Well, we're going by the old ordinance. COMMISSIONER FIALA: Where is the area code 991 that people are supposed to call in case, you know? COMMISSIONER HENNING: That's 941. COMMISSIONER FIALA: Oh, is that 941 ? Okay. CHAIRMAN COLETTA: Any other questions? COMMISSIONER CARTER: I'm sure Mr. O'Gara would put on the public record that the Block 168 will be limited to 16 residential homes. All residents will have a minimum floor area of one thousand square feet. The projects will have etc., etc. It will all become part of public record. It becomes part of law. Therefore, I think the speaker's concerns about that issue will be put to rest. Secondly, we have building codes in Collier County which address the other issues. And you can't put up a tar paper shack and call it a house. So I think that if you sit with Mr. Ed Perico, he could certainly tell you what would have to be done here if you were concerned about the quality home that Mr. O'Gara is talking about constructing. CHAIRMAN COLETTA: Our next speaker is -- well, we'll come back to you, sir. MS. FILSON: Our next speaker is Cheryl Newman. Page 118 May 28, 2002 MS. NEWMAN: Good afternoon, Commissioners. For the record, Cheryl Newman. I'm here on behalf of the Golden Gate Area Civic Association. In the absence of our President, I'm the Vice President and I've been asked to come before you this morning. It's afternoon now. The petitioner has been working with the residents and the Golden Gate Civic Association to come to a reasonable agreement on development of this property. He has on record, as he stated to, agreed to build by the RSF-3 standards, 1,200 square foot minimum with a garage not being included and no more than 16 units with sewer and water. And one of the concerns that the residents have, and I'm sure Mr. Ingram tried to bring that across to you, is once it's been put on record here, what is to keep Mr. O'Gara from selling this piece of property once it's rezoned and the new developer go over and apply for a permit and he gets permits for RSF-5 and not abide by the RSF-3 standards? And that's the biggest concern; what happens after this? And we would just like to make sure that the residents will be given what they have been promised. Mr. O'Gara has been very honest in committing to these standards that we agreed upon. And I think that's all I have to say this morning. Thank you. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: Cheryl, I think your concerns can be addressed if he records it on the deeds for that block of certain size of the house and certain size of the lot, if that's what your concern is. MR. OLLIFF: Actually, I think it's probably a little easier than that. David, I'll ask you to correct me if I'm wrong, but the rezoning, if it includes stipulations by the Board that the rezoning is approved subject to certain stipulations, those are the stipulations that go along with the zoning. The zoning runs with the land so that even if the Page 119 May 28, 2002 property is sold three, four or five times, subsequently the same stipulations that the Board agrees to here today would run with the land and be restrictions on that property until some other subsequent zoning action were to occur. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: Tom, I just want to make sure, in the future, if those stipulations are included, the approvals, it'will still have RSF-5 Zoning? MR. OLLIFF: Yes, sir. COMMISSIONER COYLE: If someone wishes to build a smaller home there, do they have to come to the County to get approval? MR. OLLIFF: Yes, sir. I would-- those stipulations, as long as you're willing to put a 1,200 square foot minimum building size on this zoning approval, any developer is going to have to build to that standard. COMMISSIONER FIALA: With a garage. COMMISSIONER HENNING: Without a garage. MR. OLLIFF: Without a garage. COMMISSIONER FIALA: Well, plus a garage that they were going to add. MR. OLLIFF: Right. And if the builder wanted to change that stipulation, they would have to come in front of this Board and get that stipulation waived or revised. MR. BELLOWS: And I'd just like to point out, the zoning maps are marked specially to denote that these additional stipulations have been added. So it adds another layer for the staff to check on. It will insure that these stipulations are adhered to. CHAIRMAN COLETTA: Are there any questions of the petitioner or-- MS. NEWMAN: Can I just say one more thing? Page 120 May 28, 2002 CHAIRMAN COLETTA: Please go ahead. MS. NEWMAN: A little bit of confidence was lost when there was a duplex built on a single-family home. So this is what we're a little afraid of. We don't want this to happen again. CHAIRMAN COLETTA: I'm just -- is there any other questions of the petitioner or of anyone else before I close the public hearing? Go ahead. MR. O'GARA: Commissioner Chairman, three points. The information on the sign is put on precisely duplicating what the County furnished as the text to put on there. We did it exactly, because I thought it should say something about housing or something. But we did it precisely. In fact, we received two communications from the County reinforcing that this is the correct text. So we did that. Secondly, we did put up the signs and I personally checked that they were up. A little bit before the Planning Commission date I came over there and two of them were down. But there were tire tracks all around it. I speculated that it met with foul play. We had to put it back up immediately. And to my knowledge, they have been up ever since. And that kind of raises the issue of quality. One of the things we're all grappling with here in the development community is keeping the costs down. How do we come up with a product that's affordable? And when you -- that's $800 for those signs. And by the way, they were in there pretty darn good. But to put them up with it all printed and the turkey, that's $2800. Divide that into 16 lots, that's just one more rock that we got to pass on to the consumer, which is a tough thing to do. And I'll grant you, it's perfectly readable, but it doesn't look as professional as we all would like to have. But we're trying to keep Page 121 May 28, 2002 the cost down so we can deliver the most affordable product. And that's the reason for that. CHAIRMAN COLETTA: I'd like to commend you for working with the Civic Association. meeting when I was there. regular basis. I know I've seen you there before at a Obviously you've been attending on a MR. O'GARA: They're good friends. CHAIRMAN COLETTA: Well, I kind of hope that when we get this particular issue settled that you still remain a loyal and true friend of the Civic Association. MR. O'GARA: I intend to. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: Yes, sir. CHAIRMAN COLETTA: Would you like to make a motion? COMMISSIONER HENNING: I'm not going to do that, because my concerns is the advertising of the rezone is not according to the Land Development Code, either the new or the old, and it's supposed to state what property is supposed to be rezoned, what it is and when it's supposed to be, too. Under a technicality, it could be challenged in the court, and I'm not going to make a motion to -- CHAIRMAN COLETTA: That's fine Mr. Henning. How about Mr. Weigel, could you comment on that please, so we know where we're going with this. MR. WEIGEL: Okay. I know a lot of law, but I can't comment specifically the exact requirement here. And so if Ray or anyone else on Development Services staff can state or refer to the Land Development Code and respond to that question, it would be fine. Otherwise, my suggestion would be if we cannot answer that question directly here now, would be to continue this item to the next meeting. It would not require further advertisement, so that we would know if, in fact, there was a defect, if at all. And if there is a Page 122 May 28, 2002 defect of such a kind that it's a fatal defect to the process, because the signage is required. And the intent is to adequately inform the public of proposals that change in land use. MR. BELLOWS: Just for the record-- CHAIRMAN COLETTA: Mr. Olliff?. MR. BELLOWS: -- Ray Bellows. Section 2.7.2.3.2 is the Notice of Public Hearing where proposed amendment would change the zoning classification of land and for conditional use and variances. And under this section, it says, "A sign shall be placed at least 15 days prior to the date of the public hearing by the Planning Commission. The sign shall be posted and contain the following language:" And it says, "Public hearing to rezone this property, from, to, to permit," in this case it would be single-family zoning, "and give the date and time of the public hearing meetings." They're also to require information as to the contact person and staff and evidentially they did not get the information as to what the zoning action was on the sign. COMMISSIONER HENNING: Mr. Chairman? CHAIRMAN COLETTA: Yes. COMMISSIONER HENNING: If I may. I don't want to delay this item. I know Mr. O'Gara's been working with the Civic Association for a long time. Mr. Ingram living in the area, I really don't know what his concerns are. So possibly if we can satisfy those concerns, we can move forward with this and not have to -- for Mr. O'Gara to have to go through the process again. CHAIRMAN COLETTA: Well, what are you suggesting, Commissioner Henning? COMMISSIONER HENNING: Well, that if we get Mr. Ingram up here to find out what his concerns are, what, you know, what he would like to see as far as this property, because he did state that he recognizes Mr. O'Gara has the right to use his property. Page 123 May28,2002 CHAIRMAN COLETTA: Would you mind coming back up, sir? I do appreciate your patience with this process. MR. INGRAM: Thank you. I appreciate you taking the time to -- for the record, Tracy Ingram -- to work through this. And I mean, obviously, you know, we see a little bit of blunder here. You know, I can't, you know, honorably sit here and say I represent all the, you know, citizens of Unit 5. I can't say I represent all their interests. I know when we had a Town Hall meeting, we had 70, 80 people in the room. They were all there up in arms about this development. We had a lot of people there. And I know when we had the Planning Commission meeting -- we had two, here, we got three. So, I mean, that does lean to the fact that people didn't really understand what was going on or know what was happening. I mean, I understand that, you know -- I want to be fair and equitable here, but we have to be fair to all the parties considered, you know, not just me and not just, you know, the developer. We have to, you know, if there's -- you know, honestly, personally, I can't see anything that he's trying to do wrong. He's been working with us. He has been, you know, I mean, he honestly has been trying to be fair and trying to bring this up. But you put yourself in a legal bind, you know. I can't sit here and say that I can represent everybody, you know, in Unit 5 and say that this is okay. You know, I understand that I am the only person here who showed up to defend this, but I, you know, was a little bit more involved than some other people. I did come down to the Property Appraisers and I did, you know, ask a lot more questions. And I did go to the courthouse and I did pull the deed and I did pull the mortgage on the property and I did, you know, look up records and find out what was going on. Your average citizen isn't that informed. CHAIRMAN COLETTA: No. Page 124 May 28, 2002 MR. INGRAM: And they depend on you to be their, you know, their eyes and ears. CHAIRMAN COLETTA: I'm hearing you. And the only thing is, you can't absolve this from anything that might have been overlooked in the process. MR. INGRAM: Um-hum. CHAIRMAN COLETTA: I'm not too sure exactly why we called you back up, but I'm glad to hear your opinion and the fact that you're trying to balance it all out. I for one am for continuing this until we can try to work our way around this legal issue. I'm glad that Commissioner Henning did bring this up. I'd hate to get to the point where we approve this, then find out that we caused the petitioner even more trouble by doing so. Possibly there's a way around this that we haven't realized yet. I'm not too sure what it is. I'd like to see this thing resOlve without having to cause the petitioner a tremendous amount of additional expense. Like he says, he's trying to build houses at an affordable rate. But I for one am getting very nervous about putting my stamp of approval on something that may have a flaw in it. MR. INGRAM: Right. And he's gone to the extent of putting a letter in every one of our mailboxes to make sure that we knew. CHAIRMAN COLETTA: That's required also. But there's still a process that's missing here. MR. INGRAM: Yeah. CHAIRMAN COLETTA: And I'm hearing from my County Attorney saying that it might be a good idea to continue it. And I know that makes you very nervous, and I can understand why. But that legal issue, I just don't feel comfortable at this point in time. Go ahead, we haven't closed the public hearing. MR. O'GARA: As I understand it, what we're talking about is the zoning today. It's our intention, assuming where we go with the Page 125 May 28, 2002 zoning, I still have yet to come back with a subdivision plat that you have to approve. The subdivision plat will stipulate -- there it is. It's 16 lots. That's how you're going to know it's 16 lots. And you get to approve that. I'm not going to -- I mean, until I do that, you've got another bite at the apple. CHAIRMAN COLETTA: No, and I understand that. And you're an honorable person. But until my County Attorney tells me that I can proceed, I have reservations to go to the next step. MR. OLLIFF: Mr. Chairman, to a contractual agreement? COMMISSIONER FIALA: No. They're talking about the sign, it didn't say from RSF-3 to RSF-5. CHAIRMAN COLETTA: No. it. COMMISSIONER FIALA: figure legally- No. We have no problem with Being that it didn't say that, they CHAIRMAN COLETTA: A couple words. And the problem is is that even though we might not care to make an issue of it, someone along the way could make a major issue. Commissioner Coyle? COMMISSIONER COYLE: There were a number of people at this meeting you said who were up in arms. At the end of that meeting, do you believe that the people who were present understood what was going to happen there? MR. INGRAM: Excuse me? COMMISSIONER COYLE: At the end of the meeting, do you feel reasonably certain that most of the people understood what was going to happen on that property? MR. INGRAM: I think a lot of people really stormed out of there, were rather upset about the whole situation. There were some people who -- he got in there -- I say, you know, unfortunately he was a little bit of a tack. You know, citizens sometimes, you know, are not necessarily the nicest when it comes to this situation. Page 126 May 28, 2002 I'm trying to just be, you know, businesslike, professional about this. But there were a lot of people who were very upset about this. And he did make some -- I originally believe this was supposed to be RSF-7 -- 6- COMMISSIONER FIALA: Three. MR. INGRAM: -- when the petition was actually written. COMMISSIONER COYLE: Um-hum. MR. INGRAM: Okay. So there's been a change there. And the public hearing was on RSF-6 even though in the public hearing it was changed to RSF-5 and from to. And he's been giving. I understand that. But does everybody know that? Does everybody know the situation where the property's at right now? And if, you know, if some people may still think it's RSF-6, I mean, because the sign's never said RSF-4, 5, 6, you know. CHAIRMAN COLETTA: Yeah. And I agree with you. Probably the people that were reading the sign wouldn't have seen the difference anyway. MR. INGRAM: Right. CHAIRMAN COLETTA: But the problem is that the letter of the law-- MR. INGRAM: Well, and then also you have the residents of Unit 5 have been told they have a civil action against the property to enforce the deed restriction of a park site. COMMISSIONER CARTER: That's a private issue. MR. 1NGRAM: That would be a private issue. That would not be your issue. COMMISSIONER CARTER: It's not a land use decision here. MR. INGRAM: Yeah, at any rate. CHAIRMAN COLETTA: You got the County Attorney for those decisions. COMMISSIONER FIALA: Actually -- Page 127 May 28, 2002 MR. BELLOWS' It's a single family residential unit. I don't know why it's unclear. COMMISSIONER FIALA: Actually, I would like to see us go forward with it as long as he's met the Golden Gate Estates -- or the Golden Gate Civic Association's criteria. He seems to have worked with all the neighbors. He seems to be -- he's made the house -- he's promised only 16 units and he's promised 1,200 square feet plus a garage on each one. So I wouldn't mind going forward. But this is Commissioner Henning's District, and I wouldn't want to step in there. And so, Commissioner Henning, I would need your nod of approval before I'd make a motion that way. MR. BELLOWS' As you can see on the visualizer, the sign did say: "16 single family residences." The language provided by our staff to Mr. O'Gara also stated it should have said RSF-3 to RSF-5. But there is clearly an intent to do the 16 single family lots, if that makes any difference in the advertisement. MR. O'GARA: I also did personally walk the neighborhood and put a letter in each mailbox describing everything in detail precisely. I don't know how to be much more -- CHAIRMAN COLETTA: You did a wonderful job, how you came and you brought it from one part where the community was totally opposed to that where the resistance has been almost totally removed. And that's what we wanted to see. And that's the direction that we put out a long time ago, that we wanted this Commission to be able to sit with staff for petitioners such as yourself to do. And you did everything right. I just want to make sure that I'm not leaving myself open knowing that I know that the wording wasn't exactly the way it should be. My County Attorney might be able to comment a little bit further. If he can say that he doesn't see a problem with it, I won't Page 128 May 28, 2002 have a problem with it. I have no problem with your project, only with the sign. COMMISSIONER CARTER: I think County Attorney's trying to get an answer for you, Mr. Chairman. You may want to move to another item and then come back to this while he gets that answer. CHAIRMAN COLETTA: Okay. Next item-- MR. INGRAM: That's another piece if you would honor me. CHAIRMAN COLETTA: Please do, sir. We're trying to work our way through it. And we appreciate you being a part of this. MR. INGRAM: Thank you. On the sign right there, if you can see, it says each lot size must be a minimum of twelve thousand square feet. It says on the sign. MR. O'GARA: It says ten thousand. MR. INGRAM: No, I believe that's a twelve. COMMISSIONER FIALA: It looks like ten. MR. O'GARA: Oh, it's a comma. MR. INGRAM: Is it a ten? CHAIRMAN COLETTA: Oh, it's a comma, yeah. MR. INGRAM: Is that a comma? MR. O'GARA: Yeah. MR. INGRAM: Okay. Sorry then. CHAIRMAN COLETTA: Mr. Weigel? COMMISSIONER COYLE: We going to have a sidebar here? MR. WEIGEL: Dave Weigel, County Attorney. Both my land use attorneys are indisposed today. I've got one on the phone right now who's ill. But I'm going to check very quickly the code provision that Ray read, just taking a moment to look at it. And then I'm going to have an opinion for you. CHAIRMAN COLETTA: Thank you. Then what we'll do is move on to another item and come back to this. Page 129 May 28, 2002 Item #8E ORDINANCE 2002-27, CREATING THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT- ADOPTED WITH STIPULATIONS The next item on our agenda, and this will be continued shortly, would 8-E. COMMISSIONER CARTER: It's a Pelican Bay ordinance. CHAIRMAN COLETTA: Um-hum. COMMISSIONER CARTER: Mr. Chairman, may I ask if, Ms. Filson, we have any speakers on this? And then I'm going to move for approval, because the Board has heard this. And this is just a continuation of the process to bring it to us. And I think it also has to be heard by the Board again. There's no opposition in the community. Everybody's on board with this. And we've been through everything. And I think it's just time to, as a matter of procedure, to move forward. CHAIRMAN COLETTA: Any speakers? MS. FILSON: No, sir, we have no speakers. COMMISSIONER FIALA: I just had one question. I haven't heard anything at all. Everybody seems to be very happy with this, and you're happy to see the whole community. I was just wondering why the County pays for the elections. Do they do that in other MSTBU's or MSTU's or whatever? COMMISSIONER CARTER: I really don't have the answer to that. But Mr. Dwight Brock was here and gave you that answer by saying that was something that he was going to pay for. COMMISSIONER FIALA: Oh, okay. If he wants to pay for it CHAIRMAN COLETTA: That's fine. Page 130 May 28, 2002 COMMISSIONER FIALA: -- fine with me. Great. That's all I needed. COMMISSIONER CARTER: Then I would recommend to the Board that we approve the attached ordinance creating the Pelican Bay MSTBU and superseding, reputing and consolidating prior related ordinances, further that the Board authorize a chairman to sign said ordinance. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: We have a motion from Commissioner Carter and a second from Commissioner Fiala. Any discussion? Commissioner Henning? COMMISSIONER HENNING: Can we put in the motion that the Clerk of Courts would -- it would come out of his budget for the fee? COMMISSIONER CARTER: If we go back in public record, and if he's listing, which he may not be, but one of his associates is, he can probably call us and correct me if I'm wrong, but if I remember his last statements in front of this Commission, he said he would take care of it. COMMISSIONER FIALA: It says in here, "The cost of the nominating and balloting process shall be born by the Board of County Commissioners." It would be better if it said, "By the Clerk's Office," if that's what he wanted us to do. I was just concerned, and I'm sorry to bring up- COMMISSIONER HENNING: Comes out of the same pocket. COMMISSIONER FIALA: -- a stickling point here but- COMMISSIONER COYLE: Yeah, it comes out of that interest. COMMISSIONER CARTER: Well, since it's not in your district, I'm amazed that you're over here dealing with it again. Mr. Weigel? Page 131 May 28, 2002 MR. WEIGEL: Thanks. If I can help a little bit. The fact is is whether it's the clerk or the Board of County Commissioners, the balloting -- the nominating and balloting process is one where this ordinance provides that it's a County Attorney Clerk function. And so we're going to be working together on that, in any event. And the County will be paying for it, you know. Through the County Attorney's Office and the staff that we provide, there will be some mailings and things of that nature. But we'll be coordinating with Dwight. The ordinance is written as it's written. And we've talked with Dwight about it. And that's the way it's to be written. But the fact is is this is a rather unique situation. We may never have another MSTBU with some of the, I think, hybrid and special qualities and desires for Government participation that this one has. And so from the County Attorney's standpoint, I think it's a very good process. And I wanted to also mention another thought that Commissioner Carter had mentioned to me in our review process and I'd like to have it reflected here on the record today. And Commissioner Carter had noted that in regard to beautification, maintenance, conservation areas, and it talks with streets and lighting and other things, that another concern that this district may have may be concerning ambient or street noise. And so I would ask that the motion and the second include that I will add a couple words including anything necessary for consultant studies and to take care of noise or ambient noise. And that would probably, I'm not the consultant, but it would probably be in terms of landscaping and berming and things of that nature. COMMISSIONER CARTER: And I would give them the authority if they so choose. It's not a mandate on our part. MR. WEIGEL: That's right. This ordinance provides for an ever closer relationship with the County Manager, working with the Board of the MSTBU. It's a nine plus two, eleven member Board. Page 132 May 28, 2002 Eleven members is what they have right now. Two of those members are the commercial business interest. They do not have to reside in the district. They do have to reside in the County. And that's fair play, in essence. Because if you have representatives from the Ritz or the Registry or any other businesses that are within the Pelican Bay MSTBU, they can certainly be very vital and interested members, but not necessarily be residents within the district within which their business is operating. Again, it's a process that provides for nomination, sort of like the people's choice, rises and bubbles to the top and comes to the Board of County Commissioners. The Board of County Commissioners ultimately appoints all members, and as with all committees serve at the pleasure of the Board of County Commissioners. And Mr. Brock took great pains to see to it that the transition is gradual. No one is thrown out of a job at the present time who's a member of committee. Things will start to happen toward December of 2002, in a rather gradual way. And we look forward to the process as far as our end goes. COMMISSIONER FIALA: I just have to apologize to you if I 'offended you. I served on an MSTU, and they were always docked. And it became a big contentious issue with this one and I just didn't -- I was just asking the question to ask a question. I certainly didn't mean to offend you. COMMISSIONER CARTER: I understand, Commissioner. I just -- I'm going to leave it alone. CHAIRMAN COLETTA: Okay. So we have a motion by Commissioner Carter? COMMISSIONER CARTER: Yes. COMMISSIONER FIALA: I second it. CHAIRMAN COLETTA: And we have the second from- Page 133 May 28, 2002 MR. WEIGEL: If you had my language also to concern -- to include the studies- CHAIRMAN COLETTA: They agreed to that. MR. WEIGEL: -- and consideration regarding noise. And I'll add those words to it. COMMISSIONER CARTER: All right. I include it. CHAIRMAN COLETTA: Any other discussion? All those in favor, indicate by saying aye. Aye. COMMISSIONER CARTER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: The ayes have it 5 to 0. We're going to take a five-minute break so they can switch the tapes out in the production room. Thereupon, (A recess was had and the hearing continued as follows:) Item #8C Continued from earlier in the meeting PETITION RZ-01-AR-1143, JAMES G. O'GARA, REPRESENTING GOLDEN GATE CAPITAL, LTD.- REMANDED TO THE COLLIER COUNTY PLANNING COMMISSION CHAIRMAN COLETTA: the Golden Gate. MR. WEIGEL: Yeah. CHAIRMAN COLETTA: Had to go back on the one there on Okay. You are prepared? MR. WEIGEL: I'm prepared. We're ready. CHAIRMAN COLETTA: We'll return to the one there on the Golden Gate Zoning change. Page 134 May 28, 2002 MR. WEIGEL: Okay. David Weigel, County Attorney to address 8-C, which is petition RZ01AR1143 requesting a rezone from RSF-3, single family, to the RSF-5 residential single family zoning district. Mr. Henning is correct that the Land Development Code, specifically Section 2.7.2.3.2, Sub 1, specifically states, "The sign shall be posted at least days prior to the date of the public hearing by the Planning Commission. The sign to be posted shall contain substantially the following language and the sign's copy shall utilize the total area of the sign." And I probably should put this on the visualizer. It's a little hard to pull it out of the code book. But it shows the format of the sign and the top would say, "Public hearing to rezone this property." And as a subset it says, "From blank to blank to permit," and then, which is the next line down, and there's a blank space and you'd put in the change in zoning and the date and time. Now, there's nothing wrong with putting additional or other information. But I do have a concern that it doesn't say from some zoning, current zoning, which is RSF-3 to RSF-5. I have a problem with the fact that it's not there, notwithstanding the fact that notices were put out in mailboxes, it has a contact number on there which is a County employee contact number, Development Services and things of that nature. So there is, in fact, the ability for people to know that something's going on. There are hearing dates shown on the sign with the Planning Commission, the Board of County Commissioners; that's all good. But I still have a problem that it didn't say from and to, because what it does say is, "Residential lots," on the sign. And it already was residential. So the County sometimes gets sued in these things, not because we have a stake, we don't. But we end up having a stake in defending them. My strongest -- first advice would be to go through the process Page 135 May 28, 2002 again and do the sign out there. My second advice would be to see if we can get an indemnification from the owner who believes he's done everything correctly. So if the lawsuit's filed and the County is inevitably made a Codefendant, that we have someone who will stand up and put some wherewithal forward on a defense because they didn't want to go forward and put us through a no risk policy by putting up the signs again. I expect this project's been a long time coming. The prevention is probably an important thing to do. I'd say if the petitioner doesn't want to take the prevention and this Board finds that from a zoning standpoint, not from a construction standpoint -- this is a question of use, not buildings -- that if you find that what he's requested is compatible and you feel assured and he will provide us some indemnification, I'll sit back. But I think it's pretty clear, notwithstanding that it says that the sign to be posted shall contain substantially with the following language, I think it's an important element that should have been there. CHAIRMAN COLETTA: Will you step up to the podium, Mr. O'Gara. MR. O'GARA: We are prepared to give you that indemnification, Mr. Chairman. CHAIRMAN COLETTA: And that is part of the public record. And will that suffice as far as releasing the County from liability? MR. WEIGEL: Well, it doesn't release us. But what it says is if we are signed-- if we are sued that he will provide us legal representation in this defense. CHAIRMAN COLETTA: Okay. MR. WEIGEL: May or not be adequate, but we'll at least have that on the record. Commissioner Coyle? Page 136 May 28, 2002 COMMISSIONER COYLE: Legal representation of our own choosing? We get to select the person who represents us and he has to pay, or does he select the person? MR. WEIGEL: No. We don't have the detail there, Commissioner. His indemnification would be that-- what indemnification means is that if we lose, he pays us for the cost that we have in losing. COMMISSIONER COYLE: Um-hum. MR. WEIGEL: And time and material in defending. COMMISSIONER COYLE: Okay. CHAIRMAN COLETTA: And we -- I believe we had a motion on the floor for approval or no? A little time has gone by. COMMISSIONER FIALA: I don't think we did. CHAIRMAN COLETTA: We never did do the motion phase, did we? Would somebody like to make a motion to that effect? Another effect? Commissioner Henning? COMMISSIONER HENNING: May I just say something? If we have somebody that challenges this, it's going to come from a citizen. Knowing what we know, that it wasn't done right, what the perception is going to be is that we're going to rezone this and damn the public. So I would be more in favor of continuing this and do it right, because if the sign was noticed, then Mr. Ingram had a great point, is, you know, the room was packed, which I was there during the neighborhood meeting. A lot of people walked out of there very angry. And at the Planning Commission there was only citizens there. Now, is that because of the posting of the property? Don't know. Or the improper posting of the property? We don't know. So taking it through the process of the public hearing is going to hold a better participation, hopefully, and showing the community Page 137 May 28, 2002 that we want to do the right thing. So I would hope that we could continue this and do the process correctly. CHAIRMAN COLETTA: Did you want to make a motion to that effect? COMMISSIONER HENNING: So moved. CHAIRMAN COLETTA: We have a motion for continuance. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: We have a second from Commissioner Fiala. And the motion was made by Commissioner Henning. Is there any other discussion? I hope that we'll be able to move this forward in the quickest possible time period that we can with the least amount of cost to the petitioner so that we can come up with something in the way of a balance of justice here. With that, I'll call for the-- MR. WEIGEL: Mr. Chairman, once again, if Ray is close. The fact is if you go a continuance with a general continuing generally, he'll have to start through the process again, which I don't know if that's an intention. CHAIRMAN COLETTA: I don't think that's the intention here. Is that correct, Commissioner Henning? COMMISSIONER HENNING: That it has to go through the Planning Commission with- MR. WEIGEL: You see, the idea is that the notice provides adequate notice of people attending the hearings and both the Planning Commission and the Board of County Commissioners. But if you continue generally then it will just go off the docket, so to speak. And, Ray, correct me if I'm wrong, but I believe that he has a six-month process that he has to stay up before he comes in again Page 138 May 28, 2002 which may not be the intended desire here. What -- I'm trying to look for another way we conceivably, this could be -- COMMISSIONER COYLE: What about table in? COMMISSIONER FIALA: Could this be deferred back to the Planning Commission? MR. WEIGEL: Well, it could be deferred back to the Planning Commission, but the idea is that they need a sign up, an appropriate sign up, 15 days before the Planning Commission so that it could go through. And- COMMISSIONER CARTER: Well, can't we state it that way, sending it back to the Planning Commission with the criteria for posting the sign prior to that meeting? MR. WEIGEL: You know, that's truly creative. And I think that, yes, that you could do a remand that it come back. We've never done this before, but it would be a remand as opposed to making him start in square one, because he has been through significant process, a remand that if he posted appropriately and rescheduled before the Planning Commission and then posted and scheduled, advertised for hearing before the Board of County Commissioners so that he doesn't go back to square one. The only other alternative would be for him to withdraw right now and reapply and go through again. So I think that for purposes of due process and public notice, if you do a remand, I could accept that. CHAIRMAN COLETTA: Commissioner Henning, you have a motion on the floor? COMMISSIONER HENNING: is? Can we explain what remand MR. WEIGEL: Yeah. Well, typically that's kind of court jargon. And what it is is it's sent down to the lower tribunal to come back in a form that is appropriate that the upper tribunal has Page 139 May 28, 2002 determined, so kind of in a corollary here, this needs to come back to you. But to get to you, it has to go back to the Planning Commission, not to denigrate them, but they are certainly a different tribunal, a different opportunity for due process. So again, this will take some hybrid advertisement. The petition would be the same petition number, because we're keeping this process in motion. And it's another couple of hurdles to jump over. But at the same time, it provides both the applicant and the petitioner as well as the Board of County Commissioners assurance that the process stands up to any rigorous review. COMMISSIONER HENN1NG: Okay. That was the part of my motion. MR. WEIGEL: And I'd like to have the applicant agree on the record if he does agree with that. CHAIRMAN COLETTA: And then we'll close the public hearing. Then we'll let you restate your motion. MR. O'GARA: I'm a little unclear about timing. I mean, is this -- I'm not sure what -- if you can walk me through it one more time, please. MR. WEIGEL: All right. It appears that you're about to get nothing today, if nothing changes. So you need to -- one would suggest that you put up your sign again following the Land Development Code, that specific section that we looked at very precisely; the County Attorney Office will assist you with that. You can hand do it, although I think you can do a little neater job than what you did, but I'm not a good printer, so I can't help you with that. But we want to make sure that it follows substantially, and I mean significantly substantially the from and the to and everything that's in the Land Development Code Provision. It will have to go up 15 days before an advertised hearing before the Planning Commission. You'd need to work with staff to find out Page 140 May 28, 2002 the earliest possible Planning Commission Agenda to get on and work with staff to get the advertisement in the newspaper, because it's advertised, not just signed with a sign on the lot. And the Planning Commission has seen all this before, so I expect that things won't be unduly difficult. And this Board has certainly had significant progress today with you too. But this is to make you have the assurance that if the Board does rule favorably on a zoning change, that both you and the Board will not be sued and suffer delay and expense and pain and gnashing of teeth. So I would ask that the Board, with your-- well, the question is to you. Do you agree with the Board to remand this so it can follow the process I just stated? MR. O'GARA: I suppose that's my only real alternative. There's quite a cost to this kind of thing, and we did put up the language precisely as we were given by the County. In fairness, shouldn't the County perhaps pay for some of these out-of-pocket costs? CHAIRMAN COLETTA: I don't think you're going to have any agreement there. If I were you, I wouldn't draw this out any longer than we already have. MR. O'GARA: That's the truth. Yes, sir. CHAIRMAN COLETTA: So we have your agreement? MR. O'GARA: Yes, sir. CHAIRMAN COLETTA: Thank you very much. And with that, I'm going to close the public hearing. Thank you very much. Commissioner Henning, your motion. COMMISSIONER HENNING: Make a motion to remand this petition to the Planning Commission. CHAIRMAN COLETTA: And -- I'm sorry. I didn't mean to interrupt. COMMISSIONER HENNING: To the Planning Commission. COMMISSIONER FIALA: And I second that. Page 141 May 28, 2002 CHAIRMAN COLETTA: Okay. So we have a motion from Commissioner Henning and a second from Commissioner Fiala. Any other discussion? All those in favor, indicate by saying aye. Aye. COMMISSIONER CARTER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? The ayes have it 5 to 0. Item #9A RESOLUTION 2002-251, RE-APPOINTING LES DICKSON TO THE CONTRACTORS' LICENSING BOARD- ADOPTED Thank you. We're moving onto 9-A, reappointment to the Contractor Licensing Board. COMMISSIONER FIALA: This is a reappointment to the Contractor's Licensing Board, because we had two applicants and one of them reside in Lee County. CHAIRMAN COLETTA: Oh, okay. COMMISSIONER FIALA: So he wasn't eligible. COMMISSIONER CARTER: So I'd move for approval of Les Dickson. COMMISSIONER FIALA: I second. CHAIRMAN COLETTA: We have a motion from Commissioner Carter. COMMISSIONER FIALA: And Mr. Chairman -- I'm sorry. COMMISSIONER CARTER: Well, I know. And I have to incorporate the fact that the terms of office for Board members shall be limited to two consecutive terms of service on any one Board. And under D of this section etc., etc., the Commission lifts that limitation. Page 142 May 28, 2002 COMMISSIONER FIALA: Thank you. CHAIRMAN COLETTA: Very good with the etc., etc. COMMISSIONER CARTER: Yeah. CHAIRMAN COLETTA: And so we have a motion from Commissioner Carter, a second from Commissioner Fiala. Any comments or discussion? All those in favor indicate by saying aye. Aye. COMMISSIONER CARTER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: The ayes have it 5 to 0. Item #9B RESOLUTION 2002-252, APPOINTING ROBERT H. JONES AND VIRGINIA M. DONOVAN TO THE FOREST LAKES ROADWAY & DRAINAGE ADVISORY COMMITTEE- ADOPTED The next one, item 9-B reappoint -- or no, appoint two members to serve four-year terms for the Forest Lakes Roadway and Drainage Advisory Committee. COMMISSIONER CARTER: Move for approval. COMMISSIONER HENNING: Second. CHAIRMAN COLETTA: Move for approval by Commissioner Carter, second from Commissioner Henning. Any discussion? All those in favor indicate by saying aye. Aye. COMMISSIONER CARTER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. Page 143 May 28, 2002 Item #9C RESOLUTION 2002-253, APPOINTING RUSSELL TUFF TO THE CITIZENS ADVISORY TASK FORCE - ADOPTED CHAIRMAN COLETTA: Move on to 9-C, to the Citizens Advisory Task Force. COMMISSIONER HENNING: Motion on for Russell Tuff. COMMISSIONER FIALA: Second that. COMMISSIONER COYLE: Second. CHAIRMAN COLETTA: Okay. We have a motion by Commissioner Henning and a second by Commissioner Coyle. Discussion on my part is that I have serious concerns that there's no representation for District 5. And this is one of the bigger things for District 5 is the block grants that always come into play in Immokalee when we have a local representative in Immokalee, Essie Serrata, who is going to be taking Fred Thomas' place who has also submitted her name. And I am going to have to vote no against Russle Tuff, even though he is a close, personal friend. And hopefully it'll come back around for consideration for Essie Serrata as we have no representatives from District 5 on this particular Board. But there is a representative from District 3. COMMISSIONER HENNING: Discussion? CHAIRMAN COLETTA: Please. Go ahead, Commissioner Henning. COMMISSIONER HENNING: I would think that we are going to still continue trying to bring Immokalee up to your standards or the Commissioner's standards. I don't see where Russell Tuff is going to make a difference on that Board. Page 144 May 28, 2002 CHAIRMAN COLETTA: Why, I think that the difference would be a matter of representation. In all fairness, every other district is represented, but District 5 is not represented. And we're talking about a very capable individual that could balance this out for District 5. Any other comments? COMMISSIONER HENNING: I'm not going to get into a contest with you so -- CHAIRMAN COLETTA: But we have a motion on the floor by Commissioner Henning and a second by Commissioner Coyle. I'll call the question. All those in favor, indicate by saying aye. COMMISSIONER CARTER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: And opposed? Aye. So on the opposition vote, Commissioner Coletta. Okay. Next item is? Item #9D RESOLUTION 2002-254, APPOINTING CATHLEEN CURATOLO TO THE COLLIER COUNTY CODE ENFORCEMENT BOARD; GERALD J. LEFEBVRE AND G. CHRISTOPHER RAMSEY TO SERVE AS ALTERNATE MEMBERS - ADOPTED COMMISSIONER CARTER: Members of Collier County Code Enforcement Board. CHAIRMAN COLETTA: Collier County Code Enforcement Board, 9-D. Page 145 May 28, 2002 COMMISSIONER CARTER: Chairman, I would move that we appoint Cathleen Curatolo to the full position and the other two members become alternates. COMMISSIONER COYLE: Second. CHAIRMAN COLETTA: Any discussion? All those in favor, indicate by saying aye. Aye. COMMISSIONER CARTER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: And that motion was by Commissioner Carter and seconded by Commissioner Coyle. Item #9E RESOLUTION 2002-255, APPOINTING FRANK DONOHUE TO THE PARKS AND RECREATION ADVISORY BOARD- ADOPTED Moving on to the next one, appointment of members to the Park and Recreational Advisory Board. COMMISSIONER CARTER: Move for approval. COMMISSIONER COYLE: Second. COMMISSIONER HENNING: Second. CHAIRMAN COLETTA: We have a motion by Commissioner Carter for approval and a second by Commissioner Henning. Any discussion? COMMISSIONER FIALA: Just one little bit of one item. CHAIRMAN COLETTA: Yes, please. COMMISSIONER FIALA: I was just wondering if there's -- because there is nobody from District 1, and apparently there hasn't Page 146 May 28, 2002 been. There are three from District 3 and there are three from District 4, one from 5, one from 2, but nothing in District 1 at all. And I was wondering if there was some way, I'm not going to stop this from going through, but if maybe next time we could try and get somebody from District 1. I've advertised in the newsletter and I've gotten people that said, yes, they would like to do this. But it was after the fact. So I was wondering if maybe next time we could allow somebody from District 1 or even advertise somebody to -- MS. FILSON: Well, I don't know if I can legally advertise for someone from District 1 since it doesn't state that in the ordinance. However, I do have an application that I'm going to hold in advance that I have received from District 1, and he will be considered next go-around. COMMISSIONER FIALA: Thank you very much. CHAIRMAN COLETTA: And so we have a motion. And we have a second. Any discussion? All those in favor indicate by saying aye. Aye. COMMISSIONER CARTER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: The ayes have it 5 to 0. Discussion regarding LDC changes, Item 9-F. Item #9F DISCUSSION REGARDING LDC CHANGES AS REQUESTED BY THE WORKFORCE HOUSING ADVISORY COMMITTEE- STAFF TO PREPARE LANGUAGE CHANGES TO THE LDC AS PRESENTED Page 147 May 28, 2002 COMMISSIONER FIALA: Yes, that's me. First of all, I'll make this nice and quick. I'm going to announce before and then I'm going to announce after again that the Naples Area Housing Fair is June 1st. Just for all those who are interested, this is -- it's going to be at the Golden Gate Community Center. It's free, and it tells the entire community what kind of housing is available, where they're located, the housing rentals. They even have the bankers there. It's going to be a great effort put on for the community to talk about affordable housing and all facets of it. And I wanted to get into the Work Force Housing Advisory Committee -- or it's actually Work Force Housing Task Force. This group has proposed four LDC changes. And I brought them up to you at the last meeting, and you asked me to put it on this meeting. And that's what I'm doing. Our report from our committee, you know that annual report that we're supposed to give, will be given at the next board meeting, the June 11 th board meeting. But for this, I'd like you to vote on this. And it's in your packets to amend the LDC to include fast-track provisions for affordable housing projects, which will also include a project manager to coordinate the process. Number two, change requirements and standards to allow guest houses or accessory units in the urban area. Number three, reevaluate qualifying criteria for density bonus provisions. And number four, change the LDC to encourage mixed use zoning to provide incentives for work force housing. These are all -- there's nothing really confrontational about them at all, nor is there anything contentious. But this will help us to move forward to the next step. If you all approve this, the wording will be brought back to us, right, Cormac, wording will be brought to us for the LDC meeting at the LDC meeting? MR. GIBLIN: That's right. Cormac Giblin for the record, Housing Urban Improvement Department. These are just broad ideas Page 148 May 28, 2002 that the committee is working on right now. And we hope to craft those into LDC amendments sometime in the future. COMMISSIONER HENN1NG: Mr. Chairman? CHAIRMAN COLETTA: Commissioner. COMMISSIONER HENNING: Two things. Number one, just to remind you, Henderson Creek was somewhat of a fast-track, because they were trying to meet a deadline. COMMISSIONER FIALA: Good reminder. COMMISSIONER HENNING: So do you still want to keep that in there? COMMISSIONER FIALA: Yes, for the other ones. I know I shouldn't want to, but yes. Unless, can you tell me, I mean, that left a bitter taste in my mouth. COMMISSIONER HENNING: I know. COMMISSIONER FIALA: And it still does. And yet apparently some of the other ones are being delayed because we don't have them on fast-track that are good projects. That particular one, it was on fast-track. But we didn't have -- apparently from the vote, we didn't have the laws in place, even though we knew it was going to impact the streets. There wasn't anything yet in place. The LDC is going to be changed to accommodate all of that extra density on the street that is that bad, but they weren't in place yet. And, I'm sorry -- MR. GIBLIN: If I may, the fast-tracking incentive that we do offer is pretty much one of the only incentives we offer for affordable housing. It is a terribly valued asset to those developers. COMMISSIONER HENNING: And yes. And I just thought that everybody should be known that Henderson Creek was part of that fast-tracking. And the next -- I have a concern about Number 2. But it's a good suggestion. My only concern is renting out guest houses. You got some real entrepreneurs out there that would like to buy a main house and a guest house and rent them both out. So Page 149 May 28, 2002 actually what you do have is a duplex. So if we can tie it somehow to the - MR. GIBLIN: Owner-occupied main house. COMMISSIONER HENNING: Yeah, owner-occupied or tax exempt, or homestead exemption. Thank you. If we could tie it to that, then I think it would be a great product, because, I mean, you see that all over, even in St. Pete, where you have some rental apartments attached to the main house and it works out great. COMMISSIONER FIALA: Boy, am I glad -- MR. SCHMITT: Just to make a statement. For the record again, Joe Schmitt, Community Development Environmental Services Administrator. Just be advised that if we talk about guest houses and renting, we're talking about an amendment to the Growth Management Plan and we're talking about density, increasing density. And by doing that, we're opening up Pandora's box from a standpoint if we allow guest housing on a permanent rental basis, we're in effect increasing density within the urban area, which certainly is going to allow other things to happen as well, once we do that. So that's one of the cautions with that, because you can build a guest house now, but certainly it's for a limited use and not as a rental. I think, Commissioner, if I'm not mistaken, you're looking for a way of rental activity. COMMISSIONER FIALA: Yes. And yet I'm concerned with what type, like for instance in Naples Manor, they're renting out Ted Sheds to people. MR. SCHMITT: Yeah. COMMISSIONER FIALA: And, I mean, we can't have that. We have to -- MR. SCHMITT: Right. Those are illegal. I mean, those are illegal. And when we find those out, Code Enforcement goes out and takes care of those. Page 150 May 28, 2002 COMMISSIONER FIALA: Yes. Yes. So we do have to have the teeth in this, the criteria to make sure that this is not something that is going to hurt a neighborhood. And that's why it's important to craft the words properly and wisely. MR. OLLIFF:' I think if the Board directs us to do this, we'll bring this back and I think you'll have some language to actually discuss. And it will be a full-fledged community discussion, I'm sure, when you get to this issue. COMMISSIONER FIALA: Oh, yeah. MR. OLLIFF: But today it's really just Board direction, yes or no? Do you want to see us bring back some language that talks about the allowance of guest houses, recognizing that there are pros and cons on a lot of these issues? COMMISSIONER COYLE: It depends on what you come up with. COMMISSIONER FIALA: And the same with the fast- tracking. I'm glad Commissioner Henning said something because that is something we do need to also address. This is -- these are my Committee's suggestions. They were the ones that presented this. But Commissioner Henning brought up a real good point. COMMISSIONER HENNING: Yeah. If it's in East Naples, let's put it on the slow track. COMMISSIONER FIALA: Yes. Could you put that wording in. MR. SCHMITT: I mean, just so you understand, fast-tracking means there's a concurrent review. It goes through Building Review Department at the same time it's going through the Site Development Plan or type of review or the plotted subdivision review. So it's concurrent. That's what makes it fast track. Normally we don't do the building review process until the first phase is done. And fast- Page 151 May 28, 2002 tracking is available right now as part of a bona fide low income housing program. COMMISSIONER FIALA: And by voting on this today, all we're doing is asking you to put together the wording and bring it back. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: We're not going to provide any exemptions from the existence of infrastructure of any kind, are we? That isn't your intent? We're going to have to take into consideration road capacity, water, sewer, all those kinds of things. MR. SCHMITT: Oh, absolutely. Concurrency will -- as we implement 3.15 of the LDC, certainly. There will be no waivers. And, of course, unless you want to move in that direction, but there are no waivers. I didn't think so. There would be no waivers involved. It would have to go through that process. COMMISSIONER COYLE: And I presume under Number 3, you're going to reevaluate whether we permit affordable housing if high density is to occur in areas like 41 and 951. MR. SCHMITT: High density areas. COMMISSIONER COYLE: Yeah. And/or other high traffic areas. I'd presume you'll put limitations on the density. MR. SCHMITT: And that will all be dealt with as well as part of the concurrency updating of the LDC. COMMISSIONER COYLE: Okay. MR. OLLIFF: Mr. Chairman, we need a motion on this just so that we can get some more direction. The only question I had before you get to a motion was the attached included information regarding linkage fees and inclusionary zoning, although the first list of four items doesn't refer to those items. COMMISSIONER FIALA: That's just for your reading pleasure. Page 152 May 28, 2002 MR. OLLIFF: Okay. COMMISSIONER FIALA: Take it home, because that's what our Committee is now working on. And per this Board's suggestion, I think it was Commissioner Henning's suggestion, we're now meeting twice a month. And we have somebody coming down from Tallahassee to give us a presentation on Inclusionary Zone on July 15th, thanks to Cormac Giblin. And we're going to be inviting anybody who would like to come in to listen to that presentation. And we're going to be moving full force ahead on that particular subject. CHAIRMAN COLETTA: Fine. And are you making this in the form of a motion? COMMISSIONER FIALA: Well, can I make a motion on it? CHAIRMAN COLETTA: You sure can. COMMISSIONER FIALA: I'd like to make a motion that we accept these LDC suggestion changes to be considered to be worded and brought back to us for-- for-- COMMISSIONER HENN1NG: Adoption. COMMISSIONER COMMISSIONER COMMISSIONER FIALA: Pardon me? HENNING: Adoption. FIALA: Adoption. Thank you. COMMISSIONER CARTER: I'll second the motion. CHAIRMAN COLETTA: So we have a motion from Commissioner Fiala and a second from Commissioner Carter. Any discussion? Although- COMMISSIONER FIALA: Just one little discussion. Naples Area Housing Fair, June 1st -- see, I promised I'd do it twice -- 11:00 a.m. to 2:00 p.m., Golden Gate Community Center and it's free. Thank you. That's my discussion. CHAIRMAN COLETTA: Thank you. All those in favor indicate by saying aye. Aye. Page 153 May 28, 2002 COMMISSIONER CARTER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: The ayes have it 5 to 0. Now, we're to the County Manager's Report of our agenda. Item # 10A CONSIDERATION OF FISCAL YEAR 2003 TOURIST DEVELOPMENT CATEGORY "C" (MUSEUMS) GRANT APPLICATION FROM MARCO ISLAND HISTORICAL SOCIETY 1N THE AMOUNT OF $25,000 - APPROVED MR. WALLACE: Mr. Chairman, for the record, Bleu Wallace, Director of Community Development Operations. Right now I am overseeing the tourist tax and providing staff support to the Board and the TDC. On April 15th, the Tourist Development Council met and reviewed all of the Special Grant Applications that had been submitted. And today we're providing you the results of those considerations. The first one is the Marco Island Historical Society asking for a special grant out of tourism -- I'm sorry, museum category of $25,000. The Tourist Development Council recommended denial. And Mr. Bill Tyson is here, he can address the Board. Before I call on him, I wanted to go over the allocations that are established by ordinance on the viewer here. Some 66 and two thirds percent of the tourist development dollars that are collected go toward beach renourishment; 23 percent goes toward advertising promotion and special grants; 19 percent goes to Category C, which is the museums or County owned and operated museums; and then Page 154 May 28, 2002 7.7 percent goes to C-2, which is non County owned museums. This is based on the Budget Department's projection for TDC dollars in the next year. It's some $500,000 less than the current fiscal year that was projected at the beginning of this year. And the Board should be applauded for taking corrective action back in November and adjusting the museum and some of the museum grants downward in anticipation of that revenue shortfall. There is going to be a shortfall this year. Part of it's going to be absorbed by reserves and part of it absorbed by the actions that you took in reducing the museum and the Naples Botanical Garden grants. But this is the best picture that our Budget Department can give us going forward. On a going-forward basis, we look at collecting $9,184,000 in tourist development taxes for next year. Based on the allocations established by ordinance, each of those categories are on the far right side. Category A, again, is beach renourishment; B is advertising promotion and special grants; and Category C is your County owned and non County owned museums. And with that, I would ask Mr. Tyson to come forward. CHAIRMAN COLETTA: You certainly may. COMMISSIONER FIALA: Bless you. COMMISSIONER CARTER: Bless you. MS. PERDICHIZZI: My name is Elizabeth Perdichizzi of Marco Island Historical Society. Two months ago, on Tuesday, March 26th,, the Collier County Board of Commissioners approved a bare licensed agreement between the County and the Marco Island Historical Society, which reserves County land by the Marco Public Library for five years for the building of a museum on Marco. We're hoping we don't need five years. We think we can do it in two, possibly three. The Marco Island Historical Society has pledged to raise $4,000,000 to build a first-class museum on the property that you designated, which will become the fourth branch of the Collier Page 155 May 28, 2002 County Museum. You have before you the application for 25,000 for an architectural rendering, foot plan and model that help people visualize the building that we're wanting to put on this site. We have a pledge already of 5,000 toward the purchase, because it costs 30,000 to do. So we're only asking for 25,000. Even before you designated the property last March, we have been busy. We have raised 35,000, and we have plans for it. Now, unfortunately, the TDC, we were not able to make clear exactly last month what it was that we were planning to do with this money. So my colleagues and I would like to help set that record straight. We have met with a major professional fundraiser and are in the process of meeting with others to do a feasibility and planning study timetable and a comprehensive plan to get us started. The company that we met with has raised 7,000,000 for Hospice. And they were the ones that said that we need to start with a model. That's what we're asking you for. We have already raised $35,000, and we have committed an additional 5,000. That makes $40,000 that we are committing to the museum project. But we have scraped the bottom of the barrel, to do this. We realize that this sum will not put heads in beds this summer, but perhaps future summers that it will. In fact, summer is the time that most people need to get out of the heat, the sun and the rain. Now, the travel industry, there's a bar graph in the package that shows you that museum travel is the third reason to travel. We want to provide the hoteliers and the business community on Marco a good reason to come to Marco. The hoteliers are behind us. The letters are coming in, and some of my colleagues will read some of those letters. Collier County also has a unique history in that -- we need to develop as a marketing tool. All of Southwest Florida is developing marketing strategies about Florida history and prehistory. Lee County has Mound Key and Pine Island and Randall Research Center. And Page 156 May 28, 2002 their County Commissioners bought the property for the Randall Research headquarters. In Miami, Florida spent $27,000,000 to buy the Miami Circle. History in Southwest Florida is becoming very important, and we're missing the boat if we don't make plans for it. And we think that a museum on Marco Island will pay for it in this direction. Also, Collier County schools will benefit. The Marco Island Museum and History Center's Educational Programs will be designed to provide educators and their students with a curriculum base, hands-on, multisensory learning experience outside a classroom setting. The second and fourth grade Social Studies curriculums include units on community history, prehistory of Florida, Native American groups, including the Caloosa and pioneer families. Someone else will be talking about this. We're also asking for matching grants for the value of the property that you designated. We think that will be a big boost. We have solicited and received letters from the Smithsonian. We have a long experience with the Smithsonian Institution, dating back to 1896, when they sent down a man to development -- do the Pepper/Hurst Expedition. And then again in '95 and in the year 2000, we were able to bring their treasured artifacts. May I just close, please? CHAIRMAN COLETTA: remarks. Yes. Go ahead with your closing MS. PERDICHIZZI: Okay. I did want to tell you that we are -- we want to raise the money and build a museum for you. Historically, this is the way Collier County has acquired all the other three branches. We are offering the County our talents, our energy, our money we have raised in the past, our money we hope to raise in the future without promise of reward for ourselves. We love our home. We love our history. We know we have something unique to Page 15 7 May 28, 2002 offer our summer visitors, and we'd like your help to do this. Thank yOU. CHAIRMAN COLETTA: Thank you. MS. FILSON: The next speaker is William Tyson, and he will be followed by Delishia Kraft. MR. TYSON: Good afternoon. My name is Bill Tyson. I'm the immediate/past president of the Historical Society. And I'd just like to speak to the backing of businesses in our community. In the past, we've never demonstrated to you that we've had backing or support from our businesses, our business community. You should have received, late Friday, some letters from the general managers of the hotels on Marco Island. Whether you've had a chance to read them or not, two of them are very similar. But I would like to read to you from two of them. They're very short. And the hoteliers, the general managers themselves, not knowing when they'd have the opportunity to speak to you today on the agenda, chose instead to submit letters of their interest. One of the hotels on the Island, the Marco Island -- or Marco Inn Suites, the owner Mr. Pat Prugden is out of the state right now. But I just want to demonstrate his interest in history on Marco Island. He's so interested that he has allowed us to establish our second mini museum on his property. So I think that says a lot as far as his support. The letters that I wanted to read, this one states that: "We're writing in support of the Marco Island Historical Society's effort to build a museum on Marco Island. We believe that the construction of this new facility will enhance the ambiance and cultural selections offered to our guests, providing them an additional choice of activities to do during their stay. In addition, this new facility will provide residents and children living on the Island and in the Marco/Naples area an opportunity to learn about our very interesting historical background. Page 158 May 28, 2002 Provision of educational and cultural facilities will also encourage families to seek homes in this area, providing the resorts and other businesses with the work force needed to run our operations. We urge you to approve the request for assistance and recognize their worthwhile efforts on behalf of the citizens of Marco Island and Collier County. Sincerely, Marsha Dmochowski, General Manager of Radisson Resort." Second I would like to read from is: "Dear Chairman Coletta and copies to Commissioners. I'm writing in support of the Marco Island Historical Society's request for TDC funds for the development of a museum on Marco Island. As a general manager of the largest hotel in Collier County and the greatest contributor of County Occupancy Tax, I hope that my opinion is regarded accordingly. It's time that Marco Island be appropriately recognized for their share of the Category C TDC funds. Our historical society has established an ambitious plan to develop a museum, which will preserve Marco Island's heritage by proudly displaying our unique history to the public. I urge the County Commissioners to fairly appropriate the request of $25,000 to the Marco Island Historical Society and continue to support this project in subsequent years. Thank you for your consideration, Robert J. Dictor, General Manager of Marco Island Marriott Resort." Basically, that's the point that I want to get across to you folks is the fact that we do, indeed, have support from our major hoteliers on the Island. And with that, I'll step back. CHAIRMAN COLETTA: Question, sir, if I may? Mr. Tyson, your agreement you have with the County for the land that's to be utilized, what is the window that that sets in? That's what, how many years out? Five years? MR. TYSON: Five years, yes, sir. CHAIRMAN COLETTA: And so you're actually moving against the gun at this point in time. You have to be as proactive as Page 159 May 28, 2002 possible to make this all happen. And I commend you for the thirty- some thousand dollars that you raised. And I was the one person on the TDC who voted in favor of it. Of course, I was the only one. And I'm at a little bit of a loss that we're talking some seed money, and there was some question about the seed money being used. In other words, they -- some people thought that possibly the seed money was inappropriate, but meanwhile we turned around and we spent twenty times that for the Botanical Garden seed money. And this is the reason that I was supportive of the Marco Island venture. Marco Island is a high tourist destination, without a question. This is something that would be totally utilized by the public there. And I'd like you to know you have my support, and I would like to make a motion that we approve this fund. COMMISSIONER FIALA: I'll second that. MR. TYSON: Yes, sir. CHAIRMAN COLETTA: Any other public speakers? COMMISSIONER CARTER: Before- MS. FILSON: Yes, sir. The next one would be Delishia Kraft and she will be followed by Kris Helland. COMMISSIONER CARTER: While she's coming up, maybe I can ask Mr. Wallace a question. As you rework the numbers, am I correct in that you could fund this -- we could fund this 25,000 and not deter from any of the other County museum projects? MR. WALLACE: Commissioner Carter, during the -- not this item before the TDC, but the Naples Botanical Garden item, the Naples Botanical Garden has a grant application in for $500,000. As the percentage calculated out, it was somewhat short of that, some $25,000 short. The budget director addressed the TDC, and it's on the record before you in the Naples Botanical Garden portion that he had identified some $240,000 of nonspecific museum category funds that were collected prior to the current percentage -- allocation Page 160 May 28, 2002 percentages going into effect that Could be utilized for either. Therefore, to answer your question, yes, this $25,000 could be utilized for out of those funds and it wouldn't affect the percentage of allocation or the effectiveness of the other grants. COMMISSIONER FIALA: Also, you were mentioning nonCounty owned museums. But this is -- being that it's on County property and they're going to give to the County, would this still be considered a nonCounty owned museum, even though -- MR. WALLACE: I would have to defer to the County Attorney on that one. COMMISSIONER FIALA: Oh, okay. Well, it's not even important now. That's -- you've got the answer, the right answer. That's all I need. COMMISSIONER CARTER: Well, I have my questions answered. So I would be supportive of this 25,000. How many votes does it take to make this happen up here? COMMISSIONER HENNING: Three. COMMISSIONER CARTER: Three. I count three. If people keep coming up here and keep talking, they're going to talk me out of it. So if they don't want to talk anymore, I will support this motion. MS. PERDICHIZZI: Thank you very much. CHAIRMAN COLETTA: Mr. Carter, you have a way with words. Next speaker? COMMISSIONER FIALA: The next speaker is Kris Helland. COMMISSIONER COYLE: Is anybody opposed? COMMISSIONER CARTER: Is anybody opposed to the motion? We're going to give you the money. MS. FILSON: JoAnn Foote. COMMISSIONER FIALA: Just wave. CHAIRMAN COLETTA: Just wave like that. MS. FILSON: Eleanor Burnham. Page 161 May 28, 2002 COMMISSIONER FIALA: Just wave. MS. BURNHAM: I would just like to speak for one minute. COMMISSIONER COYLE: Oh know, just lost $25,000. COMMISSIONER CARTER: It could cost you. CHAIRMAN COLETTA: I think it's a thousand dollars a minute, isn't it? COMMISSIONER COYLE: Yep, I think that's it. COMMISSIONER CARTER: Where's my Great Uncle Jeb? COMMISSIONER COYLE: Yep, that's me, all right. MS. BURNHAM: I just wanted to tell you that we've been working hard, even though we weren't sure about this wonderful thing that happened today. We have a new, little mini museum open at Old Marco Inn through the help and courtesy of Pat Crookten, the part owner and general manager of Old Marco Inn. He made this possible by giving us an old boutique, or it was once a motel room. We've turned it into a museum. But he is charging us a dollar a year, and so that made it really possible. I'm excited to tell you the museum opened on April 5th. It contains the full-size diagram that I've given you a picture. That's a wonderful thing to see. I hope you'll all make a trip down. I'm excited about it because that was totally paid for by Memorial Donor Funds when my husband died in June of 2000. Now, the amazing statistic that I'm up here to tell you, that museum opened on the 5th of April. And as of last Friday, I counted signatures on three -- over 300 lines and I didn't count double- signatures on the -- on the lines. And I think that's pretty impressive in seven weeks with a little mini museum. So I think we have a lot of people really interested in the history of Marco Island. Thank you very much. CHAIRMAN COLETTA: Thank you. Any other speakers? MS. FILSON: The next speaker is Catherine Kirk. Page 162 May 28, 2002 COMMISSIONER FIALA: While Cathy is coming up -- MS. FILSON: Followed by Don Craig. COMMISSIONER FIALA: While Cathy's coming up, I just wanted to say, I -- COMMISSIONER CARTER: It will get expensive here, folks. COMMISSIONER FIALA: thousand dollars a speaker. COMMISSIONER COYLE: COMMISSIONER FIALA: I-- Yeah. He's docking you a It's down to 20,000. 20,000 now. I just want to tell you, MS. KIRK: I just uttered my last word. COMMISSIONER FIALA: Okay. COMMISSIONER CARTER: You may speak, ma'am. We've got a good sense of humor. CHAIRMAN COLETTA: We'd love to hear from you. MS. KIRK: Thank you. For the record, my name is Catherine Kirk and I live at Goodland. And one of the people over here from Marco said, "On Marco Island? I said, "No. I'm Goodland." We are not a part of Marco Island. COMMISSIONER COYLE: I know. MS. KIRK: But we are a part of Collier County. Actually, when I was born in 1923 at Caxambas, the south end of Island, I was born in Lee County. Figure that one out. COMMISSIONER HENNING: It never was incorporated. MS. KIRK: Collier County had not been established at that time, it was in 1923 or 4, I think. Anyway, I lived my entire life at Caxambas, except when I came to Goodland in 1949 and I've lived there since. I'm very, very interested on what goes on the Island, because it is a part of my history and a part of most of the people there. My family came from Georgia. They landed in Caxambas in 1901, and we have worked for our County and for our people all this Page 163 May 28, 2002 time. The Island where I live, Goodland, is made up of-- made from the Caloosa Indian. It was made by the Indian sitting there opening an oyster, eating the oyster and tossing the shell out at their door one by one. It was at one time 16 feet tall, all made of clam shells -- not clam. Excuse me, oyster shells. I'm sorry. And where I live now in Goodland, I have walked around and picked up about three or four bushels of artifacts. And I'm going to use those artifacts. I'm going to make little displays of them and sell them to the people who come down from other places as we pick up little boxes of stones. And I think that you can make a good bit of money out of it. And I'm going to give it to the Historical Society. So we need to put our foot prints down on this Island. And I hope you'll vote. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Yes. Just -- COMMISSIONER HENNING: Yes, Mrs. Kirk, before you go, please -- CHAIRMAN COLETTA: Commissioner Fiala first. COMMISSIONER FIALA: That's all right. He can ask her. COMMISSIONER HENNING: No, I didn't want her to leave. That's all. COMMISSIONER FIALA: Okay. I just wanted to say- MS. KIRK: I have for a longtime. COMMISSIONER FIALA: -- I can almost feel now this chain- of-life museum system where they started Roberts Ranch, the hotels especially. They're always looking for things for their people to do for their spouse groups. I worked for a hotel for a while on Marco, as a matter of fact. And we were always looking for things for the people to do. Now, they could board them up on a bus or one of the trollies and they can go right from the Robert's Ranch all the way catching Page 164 May 28, 2002 every museum along the way right out to Marco Island. It'll just be great. I can feel it. MS. KIRK: My husband came from Rochester, New York when he was a young man. We were married in 1941. But before that, we spent all of our free time looking for Indian mounds. And I put -- I don't know how many we put in. But I was walking this close behind his back breathing down his neck, because I didn't know where I was most of the time. One time we were over at the Edison, the old Edison place and we got interested in it and it became dark. So we were coming on this swampy area and I heard this weird sound. "What is that?" He says, "That's the Sasquatch." I said, "What?" Well, the same thing, it got louder and louder. Everywhere I went, I could hear this. And finally it sounded as if it was all around me when -- this noise was so terrible. I was scared crazy. But anyway, I got all kinds of tales about it when we get our museum. COMMISSIONER CARTER: It sounds great. I think the Skunk Ape would really love to be here to hear part of this conversation. COMMISSIONER FIALA: The last speaker is Don Craig. MS. KIRK: In all my enthusiasm, I forgot to tell you, my name is Eleanor Burnham. And I-- COMMISSIONER CARTER: Let the records note that, Eleanor Brown. COMMISSIONER FIALA: Burnham. COMMISSIONER COYLE: Burnham. MR. CRAIG: Good afternoon. My name is Don Craig and I'm a 25-year resident of Collier County and a licensed electrical contractor. And years ago I came from a little town called Boston. And when I first came down here, I didn't see much in the way of history. And I'm delighted to see all the support for history and encouragement. And I want to thank on behalf of the Board and I Page 165 May 28, 2002 serve on the friends of the museum on the Board. I want to thank you, all you Commissioners, for your support of our museum. I have to refer to a couple of notes. I had them written down earlier this morning, and now I'm going to go back to them. COMMISSIONER CARTER: I don't think I've failed to communicate here someplace. COMMISSIONER COYLE: You can withdraw your motion. CHAIRMAN COLETTA: Well -- no, go ahead. COMMISSIONER CARTER: There are minutes. There are minutes, when I think about that. MR. CRAIG: Every year some of us come before this Board to plead for museum funding. The other day I was up at your beautiful new North Naples Library. And it's encouraging to see the state of the art and what they have done with everything up there. We have high hopes that we may see that ourselves some day down here in our museum. There was an issue regarding Botanical Garden money coming up, and we were a little concerned over the distribution of it and the funds that never seem to happen for Roberts Ranch. And also, if funds are committed for the Botanical Garden, which is a private enterprise, will -- and if that happens, will that affect our Collier County budget in any way? And I'd like to thank you all for your attention. Again, thank you. CHAIRMAN COLETTA: Thank you, sir. And that concludes the speakers? COMMISSIONER FIALA: Yes, sir. CHAIRMAN COLETTA: Do we have our motion on the floor and a second? Any other discussion? Commissioner Henning? COMMISSIONER HENNING: First of all, I want to recognize Mrs. Kirk. It's an honor for you to be here today, in my eyes. A lot of history there as far as Marco Island. It's my understanding that the petitioner -- it was a misunderstanding with a Tourist Development Page 166 May 28, 2002 Council of why you need this architectural renderance for your fundraising. You already have $30,000 for your fundraising as part of it. What I would like to see is a resubmittal of application to go before the TDC Board for their consideration knowing -- reconsideration knowing all of the information, because, you know, I hold the Advisory Board's recommendations very highly. And I think just with a clarification, it could be straightened out. And I believe we do have time to bring it back before the TDC Board; am I correct? MR. WALLACE: For the record, Bleu Wallace. Since Commissioner Coletta's been heading up the TDC since January, we've been meeting on a monthly basis. There's no problem in taking anything back to the TDC. CHAIRMAN COLETTA: I hear you, Commissioner Henning, but I also believe that the action that we're trying to move towards at this point in time will meet all the needs. You mean providing it to them for your information of what we based our decision on or were you meaning sending it back to them for their consideration to be sent back to us again? COMMISSIONER HENNING: Well, even -- no. What I mean is even the application is stating that the matching is $5,000. But when you put the whole -- if you put the whole picture together of 25,000 or 30,000 that you're going to put into it, this is the advertising promotion and then take that back to the Tourist Development Council. Does that clear it up? CHAIRMAN COLETTA: Ma'am? Commissioner Fiala? COMMISSIONER FIALA: Yeah, let me just comment on that. The people from the Marco Island History Museum effort came to my office. And they were telling me that they had been shot down by the TDC and they went on. We talked for about 20 minutes before it came to light that they had this other money sitting there, but it was already dedicated to fundraising for putting the architectural reviews Page 167 May 28, 2002 and all of these things together. They just needed the additional money in order to get this show on the road. And I said, "Well, why didn't you say that?" Well, they didn't want to let them know that they had that money because they thought maybe then they wouldn't get the money. I said "No. No. That's what's it's for is to show that you've raised all this money for a match." So that's how all that came to be. And so that's why you're hearing the full story today. And in fact, I noticed as they were telling us of their stories, they've got this part dedicated. I'll lay a dollar to donuts that this new part that they have is a memorial in the museum, which I don't know how much the person paid to do it. I bet that's not considered in their funds that they have allocated as well. It's amazing, you know, when a little group is together just earnestly trying to put it together, they don't know how to work the figures like a major group. MR. OLLIFF: Mr. Chairman, I just need to remind you, you're on item B. You've got S to go, just the County Manager portion of the agenda. CHAIRMAN COLETTA: Well, we got 'til midnight. COMMISSIONER FIALA: We have a motion. COMMISSIONER CARTER: Well, like Commissioner Coyle said, "Get a life." CHAIRMAN COLETTA: I do and I love it. COMMISSIONER COYLE: Before you take a vote, I really have to say something. I'm going to vote in support of this money. But I need to tell you that about three and a half years ago I voted to allocate two and a half million dollars to the Collier County Historical Society to help them do something and I got left holding the bag. Now, historical societies are generally not particularly good at raising money, at least in my experience. And I can't tell you how important it is for you to raise money as quickly as you possibly can. Page 168 May 28, 2002 I would say that as long as there is progress toward raising money, and I mean really good progress because you have a lot of good money to raise. And quite frankly, I am apprehensive about whether or not you're going to raise it. It's a lot of money. But I encourage you to do so, and I'll vote for this grant. CHAIRMAN COLETTA: Okay. Well, I think we already voted, but we're going to do it again. Is there any other discussion? Okay, hearing none, I'm going to go with the motion. All those in favor indicate by saying aye. Aye. COMMISSIONER CARTER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. CHAIRMAN COLETTA: Opposed? COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: And the descending vote is Commissioner Henning. Thank you very much. Next item? Item #1 OB FISCAL YEAR 2003 TOURIST DEVELOPMENT CATEGORY "C" (MUSEUMS) GRANT APPLICATION FROM NAPLES BOTANICAL GARDEN IN THE AMOUNT OF $500,000- APPROVED MR. WALLACE: For the record, Bleu Wallace. Next item, Mr. Chairman, is the Tourist Development Category C Grant Application from Naples Botanical Garden in the amount of $500,000. The Tourist Development Council recommends approval. And I will turn the podium over to Naples Botanical Gardens. COMMISSIONER HENNING: Motion to approve? Page 169 May 28, 2002 COMMISSIONER COYLE: Second. COMMISSIONER CARTER: Second. CHAIRMAN COLETTA: Well, we had a motion to approve from Commissioner Henning and a second from Commissioner Coyle and Commissioner Carter. Any discussion? COMMISSIONER HENNING: We still need to go to public speakers. CHAIRMAN COLETTA: We do. COMMISSIONER FIALA: Sondra Quinn and Pam Brown. COMMISSIONER COYLE: We have two public speakers, I withdraw my approval. COMMISSIONER HENNING: Yeah, me, too. MS. QUINN: Sondra Quinn, President, CEO of Naples Botanical Garden. As you know, the Naples Botanical Garden is developing and building a world-class 21 st-century botanical garden focused on the theme on the relationship between people and plants and the tropical and the subtropical zones of the 26th latitude. The garden has just completed the concept master plan, which you see before you. And it is a plan for the next 10 to 20 years. We are now in the necessary -- or the process of securing the necessary environmental and developmental permits. Some of the key things I think are just that we have been able to acquire 160-acre site with private money. We are preserving and restoring one third, which is this area right here, which is all green space. It is the pine flatwoods. It is the oak scrub and wetlands. And we are also creating Florida Gardens, Gardens of the 26th latitude, Asia, Africa, the Carribean and the Amazon Rain Forest. We have completed our five-year plan. And the garden is requesting $500,000 from the TDC's Special Museum Category Grant Program- COMMISSIONER HENNING: Ms. Quinn? Page 170 May 28, 2002 MS. QUINN: -- which is under construction. Yes. COMMISSIONER HENNING: We have a motion and a second COMMISSIONER CARTER: To approve this. COMMISSIONER HENNING: -- to approve it. MS. QUINN: Oh, okay. COMMISSIONER HENNING: Do you still want to continue? MS. QUINN: If you're going to vote for it, yes. I mean, I've reviewed this with all of you. COMMISSIONER CARTER: Correct. MS. QUINN: So if you feel you have the proper information, I don't need to go any further. COMMISSIONER CARTER: Thank you. MS. QUINN: And I thank you for the review. MR. OLLIFF: I hate jumping in front of a train, but there's one issue I think the Board does need to resolve. I think the TDC funding request was for 475 based on the funding that was available. I believe the Botanical Garden's request is actually for the 500. If they're looking for the difference, I believe the $25,000 out of, again, what was $240,000 of unbudgeted carry-forward funding, that's the same money that you just tapped and provided the funding for the Marco Museum Group. They're looking for the difference, the $25,000 out of that same source as well. CHAIRMAN COLETTA: Mr. Wallace, you got something to add? MR. WALLACE: Yes. The TDC did recommend using those funds to augment the 475 that was allocated through the percentages. In this way the percentages do not have to be changed by ordinance and the allocations remain the same. MS. FILSON: And, Mr. Chairman, you have one additional speaker. CHAIRMAN COLETTA: Please. Page 171 May 28, 2002 COMMISSIONER CARTER: talking 500 or 475.9 COMMISSIONER HENNING: 5. MR. WALLACE: 500, sir. CHAIRMAN COLETTA: No, 500. summary is. MS. FILSON: MS. BROWN: So the answer to that is we're That's what the executive Your final speaker is Pam Brown. Good afternoon. I'm Pam Brown, for the record. I am the Vice President of the friends of Collier County Museum. I guess what I really want to address here, 'it looks like there's $240,900 in reserve, and our budget hasn't been discussed yet. Is this going to hurt our budget when it comes up? CHAIRMAN COLETTA: From what I understand, Pam, the budget that's being submitted is remaining intact. MS. BROWN: Okay. But we also had it last year. If you remember, we came before the Board that 300,300 was cut from the Visitor's Center over in Immokalee, and we haven't readdressed that yet. CHAIRMAN COLETTA: The Visitor's Center? MS. BROWN: Yes, sir. CHAIRMAN COLETTA: You're right. We haven't. I don't know if this would be the forum that we would address it or if it would be the budget hearings themselves. MR. DUNNING: For the record, John Dunning, Public Services Administrator. Yes, we plan on addressing those issues during the budget workshop coming up in a few weeks. What I will say on the record though, for Ms. Brown's benefit, is of that 240,000, roughly, the Board is going to be allocating potentially 50,000 of that today. We are getting on the agenda for the TDC for the next meeting in June to actually request the balance of that money for the $190,000 to be utilized to supplement some of the programs that were cut in last Page 172 May 28, 2002 year's budget for museums, the County-owned museums. And, you know, complimenting with the budget we're putting together and even some revisions that we're doing at the County Manager's request, I think we're going to have a pretty good budget for you. MS. BROWN: Okay. Well, I'd appreciate y'all look this over because I saw there's like, I think, close to $2,000,000 additional of staff recommendations that have not been addressed at all. And, you know, we're giving away money to other museums that's not a part of our system. CHAIRMAN COLETTA: We can only work with the budgets that are presented to us when they're presented. One of the things I'd like to know, because you're on top of it in Immokalee, roberts Ranch fell behind quite a bit in the past, and I understood we got caught up. Are we in danger of falling behind and losing grant money? MS. BROWN: Well, I don't know about losing the grant money, to be honest with you. But as far as, like I said, the Visitor's Center was supposed to have been for this year's budget, that was out. So we are relatively, yes, sir, I would say about a year or two, just off the top of my head and I may be wrong. I could come back at the next meeting and address that for you. CHAIRMAN COLETTA: And bring Aunt Mill with you. MS. BROWN: We can try to do that. Okay. Thank you very much. CHAIRMAN COLETTA: Thank you. Can we -- where were we now? COMMISSIONER FIALA: We have a motion and two seconds. COMMISSIONER CARTER: We got a motion. CHAIRMAN COLETTA: Did we have a motion? We had a second? Page 173 May 28, 2002 COMMISSIONER HENNING: I made the motion. And the issue is since we give the Marco Island museum $25,000, that leaves $475,000, correct? MR. OLLIFF: You have -- these budgets are being based on the expected revenue in next year's budget. In order to stay within the budget office's projections for the Botanical Gardens Society, the only amount of money that would have been available, based on our expectation for revenue, and that category is 5. In order to make their request whole, they're asking that you supplement that with $25,000 of what was carried forward in this budget area to bring it up to the full $500,000. I just wanted to make sure that the Board was fully aware that in order to reach that $500,000 recommendation from the TDC, that you're going to use all of next year's allocation in this category, plus you're going to dip into, what is in essence, reserves for $25,000 to meet the 500. COMMISSIONER COYLE: And what happens if we get into next year and we don't have the funds? We don't have enough funds to meet all of our commitments? MR. WALLACE: Staff would bring to the Board a similar resolution as we did last year where you went and cut a new contract, adjustment contract with those holding grants reducing that and also reducing the County Museum's budget, just like it was done last year. COMMISSIONER COYLE: Okay. COMMISSIONER CARTER: Commissioner Coyle, I think that's just a lot like what FDOT did to us; they came in here and presented us a check with 3.7-some million dollars and turned around and took it away because they didn't have the funds. Don't spend it until you have it. COMMISSIONER COYLE: Yep. Page 174 May 28, 2002 CHAIRMAN COLETTA: Okay. So do we have any other discussion? All those in favor, indicate by saying aye. Aye. COMMISSIONER CARTER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? The ayes have it 5 to 0. Item # 10C FISCAL YEAR 2003 TOURIST DEVELOPMENT SPECIAL EVENT GRANT APPLICATION FROM PARKS AND RECREATION DEPARTMENT FOR THE FIFTH ANNUAL COUNTRY JAM IN THE AMOUNT OF $120,000 - DEFERRED MR. WALLACE: Mr. Chairman, the next item is from Parks and Recreation for the Fifth Annual Country Jam in the amount of $120,000. The Tourist Development Council recommended denial. I will turn this over to Ms. Ramsey. MS. RAMSEY: Good afternoon. For the record, Marla Ramsey, Collier County Parks and Recreation Director. Earlier this afternoon we presented to you a Country Jam Showcase brochure that listed some of the happenings that we had at this last event. And a couple of things I think that are noteworthy is that this was the fourth annual event. And each and every year it's been bigger and better. In the past, Board direction has been for us to run about four large events, a lot of them having to do with music related to them. And staff is recommending this year that we cut that back to two events; one of which you're seeing right now in front of you is Country Jam. This year's Country Jam had over 7,000 people in attendance to it. We had $30,000 of in-kind advertisement along Page 175 May 28, 2002 with the free advertisement that you see in this particular item that you have before you. We also had 34 vendors at this particular event, a wings cookoff and a bronco-bucking contest; so to speak. The event itself, given general fund dollars and TDC funding that we received last year, actually did $18,000 better than projected that we would versus revenue. And our request to TDC was based upon the fact that we wanted to expand this event from a two-day event to a three-day event. In order to get an event that will put heads in beds, it needs to be expanded, similar to what you would see of Sunfest on the other Coast, which is four or five days in a row. This year we documented bed-nights off of the event. We also had it rain out; of course that didn't help our numbers a lot. But we found that everybody that has attended the event has been very, very positive of it. We've had a lot of good coverage as you can see that we were requesting that if you don't -- if you see that you don't want this event to go to a three-day event, in order to make this repeat event a two- day event, we would need another $90,000 TDC request in order to bring back the same event that we held last year. And I guess that's kind of the highlights that I have. And I'll answer any questions that you might have. CHAIRMAN COLETTA: Questions? I might comment that I was the descending vote on this particular item when it was disapproved. The reason being is I thought that if under the right circumstances that this would be a positive thing for tourism. And I still feel that way under the right circumstances. Although, I'll be honest with you, that if we -- rain or no rain, if we had another event such as this last time, we probably are going to have to weigh our options. I kind of thought this last time we got involved we were going to be coming out with either a break-even or a profit. And I realize what it is when you're dealing with mother nature; it doesn't Page 176 May 28, 2002 always come together just the way you plan. I've been through enough of these festivals to know that rain can be a very big deciding factor. I'm still in favor of it. COMMISSIONER CARTER: Well, last year you took in $78,000 in revenue? MS. RAMSEY: That's correct. COMMISSIONER CARTER: Perhaps we can look at some way to do this and what, craft a proposal? I'm willing to craft a proposal that somewhere around the $78,000 number based on income, because that's a known entity, you can draw that. I don't have a problem with perhaps doing something around 75,000 that would keep this Country Jam in place. And maybe next year you'll get the weather on your side and be able to meet your revenue. MS. RAMSEY: A comment on that, and I appreciate that. What we find is that events of this sort, a lot of times, have a ticket price of 35 to $40 for event. And we did have two main headliners. And we feel that we want to keep the price reasonable. And, yes, we probably could raise even more funds off this event if we were willing to raise the ticket prices. We're trying to keep the ticket prices around the $10 mark, 15 at the gate. We feel that that's probably as high as it can go. And we agree that the 75 to $80,000 mark is probably what we're going to be able to raise off of those gate receipts. MS. FILSON: I have speakers. COMMISSIONER COYLE: I'm not sure whether I have a question or not. But let me ask one question. You know, I don't like to pay for these out of the General Fund Revenues. Is there any reason that some private group can't do this sort of thing rather than the Government taking it on? MS. RAMSEY: Well, there's two schools of thought, I think, on that. And, yes, you can have a Page 177 May 28, 2002 promoter come in and do an event like this. And I will refer to the Fish Concert that you had out in the - COMMISSIONER COYLE: Everglades. MS. RAMSEY: -- Everglades area. One of the problems with that is you don't have a control over what the event will become. And in this particular case, we do not provide alcohol. We are very stringent in the drugs. And if you had gone out to the Fish Concert, you would probably been amazed at what you had seen, and you would not really want to put that type of event on in one of our County parks. And so I have a caution on that side. A lot of government agencies do continue to host events in order to bring in a very good family- oriented event, one without the alcohol, without having to worry about what your children are going to be exposed to. COMMISSIONER COYLE: Thankyou. COMMISSIONER HENNING: I have a question now. This last event you raised $78,000? MS. RAMSEY: That's correct. COMMISSIONER HENNING: How much General Funds moneys did we spend for this event? MS. RAMSEY: About 125. COMMISSIONER HENNING: So we spent 125 out of General? MS. RAMSEY: Yeah. I think the total cost of the event, with the TDC, was about 223,000, something in that area. COMMISSIONER HENNING: So we spent 220,000 to gain $78,0007 MS. RAMSEY: Yeah. And one of the things that we look at when we talk about the TDC is that we spent in -- about $65,000 in cash and in-kind advertisement that went into this particular event, and all of that is advertising Collier County. Page 178 May 28, 2002 And whether we're advertising an event or beaches or a specific hotel, we do feel that those dollars are bringing people to this event. Not only to the event, but to the County in general. And we feel that those are dollars that are being spent for the benefit of all of Collier County, not only for this event, but also for the economy. COMMISSIONER HENNING: So you advertised the events, nothing else? We didn't advertise the beaches or Pelican Bay or anything else? MS. RAMSEY: We advertised the event as the festival that it is along with we had some packaging by a number of hoteliers in Collier County to bring in the package deal. I believe that the hotel nights were somewhere around the 40 to $50 per night range to draw people in. We had a busload of people that came in from Tampa that came for the event. So we are drawing from outside of the immediate area, although we probably get a large number of our people local, and that's who our biggest target is, yes. COMMISSIONER HENNING: What -- the previous year, what was the numbers the previous year? What did we spend? What do we have? MS. RAMSEY: I'm going to have to ask Annie to give you that specific, because I did not bring that with me. She probably has a little more detail on that for you. MS. PAPPALARDO: You talking budget or attendance? COMMISSIONER HENNING: No. I'm talking, what did we spend, tourist tax money, ad valorem money and then what was our net? MS. PAPPALARDO: Okay. Last -- the Third Annual Country Jam, our budget was at about 116,000. We had no TDC funding. That was the first time last year that we received TDC funding, the Fourth Annual. And so basically it was a two-day event with more Page 179 May 28, 2002 local talent. This year the big increase you see there was we had two of the top country music entertainers in the country. So the event did jump quite a bit. Basically the attendance, I think the Friday night rain killed us. We had six inches of rain out there. But budget-wise, we spent 116,000 back in '01, and this year we spent about 223, that was including TDC funding, which is the first time we received that. COMMISSIONER CARTER: Commissioner, the question -- COMMISSIONER HENNING: Do you know how much money we put in -- COMMISSIONER CARTER: '017 -- is, what was the revenue in MS. PAPPALARDO: '01, the revenue was at about -- $52,000. COMMISSIONER HENNING: Okay. MS. PAPPALARDO: This is the most an event for us has ever brought in 78,000. COMMISSIONER HENNING: We're really gaining. MS. PAPPALARDO: Just a little bit of history and if you saw our TDC report, this event has really grown in the last four years. Basically, you know, it takes three to five years for events to make it or break it. And that's what shows you. You will see that with the Marco Film Festival, they have been here a longer time. You've seen how the event has grown. This is a critical year for us, this fifth year. I really think this event has the potential to bring in the bed nights. The bed nights that we record are true. You can call any of the hotels that we work with. They will say, "Yes, we had this reported." Our survey shows a lot more bed nights in that we don't record that, because we did not have at the time a hotel writing me a letter saying, "Annie, I had 25 bed nights and this." But it shows that we did bring in many more bed nights. Page 180 May 28, 2002 Our web site that we have right now, the amount of e-mail that we get there from outside the area is incredible. I know that families are visiting here from Wisconsin, New York and coming down to the event for this. And I also want to stress the importance that as a special events team, me and Peg, we work really hard and our department works really hard. Our vendors are now coming here, not only for Country Jam, but they will come in and spend three, four, five weeks here in the area doing the Everglades Seafood Festival, Tomato Seafood Festival, Cape Coral Parks and Rec. We all work together to try to bring vendors in, keep them here from where they're coming. They're staying here. We have vendors that are staying at the World Tennis Center for three weeks, because they have booked three or four events and they're staying here, spending their money, spending their gas, eating in town and staying here for hotel night. We're not even able at this time to, you know, to record that. After the TDC meeting, I was recommended to go to the Tax Collector's Office and get a listing of all the hotels so I can work with them next year. I have done that. And they will all be receiving a letter from this year's events hoping that they will help us track every single little room that comes into the area. So you're only -- we're only tracking for you here the people that are coming in right now to visit. We're not tracking the entertainers. We're not tracking the vendors. We're not tracking many, many areas that we still -- we don't have the money to hire a marketing firm. We do everything in- house. And so it's a big job. And I also want to stress to you, as far as private promoters, I've been here for many years. I've worked for Lee and Collier County, Special Events Supervisor. And I can tell you, I also did think my years for Immokalee as a volunteer and President of the Board, when I've asked private promoters to come in and help us with a Page 181 May 28, 2002 scholarship for a child in a high school here in Collier County, the answer is, "No," many times. So when you do it in-house, when you have County Government doing this, and that's not all we do, we do everything, you know, from marketing for our department, everything from the red guide to the ice cream social you'll see this summer, you know, that's a big savings to this County, because we truly are -- our passion is there, to really come in and promote the County, not just promote. As a private promoter comes into town, they charge $25 per ticket and they leave town and that's it. So you're getting something out of that. Everything that comes back in, where does it go? Back into the General Fund. COMMISSIONER CARTER: You have a great passion for the subject. But the difficulty is, and it gets to many areas which I think we're going to get to when we hire a marketing coordinator to work this funding process, we really don't know what the revenue streams are. We can only guess. We can only suppose or infer. And I think it's a very difficult decision for a Commissioner to say "Well, how can I best use General Fund dollars for tourist dollars in this arena?" It seems to me that ! know what you want to do, but there's not a good revenue traffic system to tell me what you're getting for the dollar spent. And I'm going to go with it this year, Commissioners. But I don't think that I can spend what we did last year. And even though it was a rain out, there is, you know, just the quick numbers telling me we're losing ground here. And I don't know whether the Philharmonic or somebody like this would joint-venture. You've got to find a venture partner here who will and can work with us in something like this if you're really going to start spending these enormous amount of dollars. Or maybe you got to keep it more to a local level for the next year until we get a marketing director coordinator for the TDC that says, "Okay. How does this all fit together?" Because we don't have a plan. We go from situation to Page 182 May 28, 2002 situation, and that's all we've done since I've been here as a Commissioner. And we're trying to get better at it, but we've got a long way to go. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: I'm not a tourism expert, as I've said to this Board on numerous occasions. And my only alternative really is to take the recommendations of the TDC. They are the people who really determine whether or not these activities are putting beds and heads, and obviously they didn't seem to think they were. And so I would endorse a TDC's recommendation for denial. CHAIRMAN COLETTA: You have anything to say? MR. DUNNING: I'm just going to make one quick observation. For the record, John Dunning, Public Services Administrator. The one point I wanted to make out more than this, and this is the policy level discussion not appropriate for today, but one of the issues with TDC money is, does it have to put heads in beds? And while that has been the Board's past practice in identifying where those monies go, you know, it's my interpretation of the ordinance in the statute that, no, in fact, you do not have to show that direct correlation for events. There's lots of different ways of promoting Collier County. A local event such as this is one. My second observation I would make, I know I said I would only make one, but the second one would be, it's very difficult to make this presentation without you seeing the full picture of what the general fund implications are going to be. And you'll see that in a couple weeks at the June workshop. And if I was going to make one recommendation to say this item at least for today, it would be to continue it at least until we've had that budget workshop discussion where we can provide you a menu of options. One of the things that we're seeing from a Board policy level is the idea of they would like to see a revenue break-even. Typically in the past, we have Page 183 May 28, 2002 supplemented and subsidized some of these events to keep it cost- effective for the families out in Collier County. If the Board would like to see us take a look at raising our revenues, which you will be seeing across the Board and other parks and Rec activities at the next Board meeting, but if you'd like to see it for these type of events as well, we can certainly bring you a menu of options for your budget workshop discussion. Then you could follow it up with a recommendation in June at the second Board meeting. CHAIRMAN COLETTA: John, you brought up a good point. I like the idea of being able to reconsider it. And one of the things I'd like to look at as an option is the partnership with the Collier County Fair Board to hold it out there so that we could have an area that's going to be accessible from all parts of the County. And possibly we could utilize some of their volunteer forces, which are pretty numerous now, to help get the word out. MR. DUNNING: I wouldn't have an issue with that. COMMISSIONER CARTER: John, a couple of things that you said triggered this in my mind. One, you're right. We have to look at policy in a different -- from a different viewpoint, because we're struggling with limiting funding across all expenditures in this County. So, you know, that's a given. The second, you mentioned not only promoting Collier County. Now, you're getting to an issue that says, "Are we funding it from the right area or does the industry believe so strongly in this that they would say some of the dollars that we allocate there should be with the Country Jam because we think that there's a total benefit to the County in tourism?" And I don't know the answers to that. But I'm willing to defer this to try get a better handle on this and some response from the industry. So I could support that, Chairman Coletta, if that's the wishes of the Board. Page 184 May 28, 2002 CHAIRMAN COLETTA: Help me on this. Is there motions on the floor already on this? COMMISSIONER HENNING: No. COMMISSIONER CARTER: No. CHAIRMAN COLETTA: Okay. Then I'll make a motion to defer. COMMISSIONER CARTER: We can't. We got a bunch of speakers. COMMISSIONER FIALA: Second speaker. CHAIRMAN COLETTA: I'm sorry. We have- MS. FILSON: Yes, sir, we have three speakers, Mr. Mark Phillips. Mr. Mark Phillips? James Graham. Yes, sir you're up to speak. Would you like to speak? CHAIRMAN COLETTA: You have to come up front, sir. COMMISSIONER CARTER: He said he's already spoke. CHAIRMAN COLETTA: Oh, on another subject. Forgive me. MS. FILSON: It says Tinsley. I'll change that for you. Okay. COMMISSIONER CARTER: Right. He's under canals. MS. FILSON: Okay. Bob Krasowski. MR. KRASOWSKI: Hello again, Commissioners. I might as well get my money's worth, being that I'm here today. MS. FILSON: He signed up after the item started. CHAIRMAN COLETTA: That's fine. MR. KRASOWSKI: Is that okay? CHAIRMAN COLETTA: That's fine. MR. KRASOWSKI: Thank you. You're very generous. CHAIRMAN COLETTA: We're glad you're here, Bob. MR. KRASOWSKI: Thank you. I'm glad to be here. I hear all these numbers about money coming out of the General Fund, a couple hundred thousand dollars. Now, as you know I've been trying Page 185 May 28, 2002 to appeal to the Board for 20 or 30,000 at most to do a Zero Waste Symposium, which would-- COMMISSIONER FIALA: This isn't General Fund. MR. KRASOWSKI: Wasn't that mentioned that we spent $125,000 of the General Fund? CHAIRMAN COLETTA: We're talking-- COMMISSIONER COYLE: That's spent. Not now. MR. KRASOWSKI: No. This is exclusively Tourist Development? CHAIRMAN COLETTA: Yes. Right. But there might have been some General Fund money that's been used in the past. But right now we're discussing the Tourist Development Funds. MR. KRASOWSKI: Okay. Well, maybe we could bring the Zero Waste Symposium together and bring the Beach Boys in with them and then lose less money, you know, some creative thinking here, you know, 30 grand. I see there's hundreds of thousands on every item on the list on the agenda, you know, I mean, 30 or less. But I just wanted to get up here and be humorous about the whole deal. Okay. CHAIRMAN COLETTA: You're always welcome, Bob. We're glad to see you. MR. KRASOWSKI: See you later. CHAIRMAN COLETTA: Next? MS. FILSON: He was the final speaker. CHAIRMAN COLETTA: Fine. So we have a motion to defer made by myself and seconded by -- COMMISSIONER FIALA: Me. CHAIRMAN COLETTA: -- Commissioner Fiala. Any other discussion? All those in favor of deferring, indicate by saying aye. Aye. COMMISSIONER FIALA: Aye. Page 186 May 28, 2002 COMMISSIONER COYLE: Aye. CHAIRMAN COLETTA: Opposed? The ayes have it, three. And two Commissioners are absent, that would be Commissioner Carter and Commissioner Henning. COMMISSIONER COYLE: The Court Reporter is not going to like it. CHAIRMAN COLETTA: No, she won't. It has to do with the videotape. I think we can go to about 5:00 on that. Item # 1 OD FISCAL YEAR 2003 TOURIST DEVELOPMENT SPECIAL EVENT GRANT APPLICATION FOR PARKS AND RECREATION DEPARTMENT FOR THE VIVA NAPLES - LATIN MUSIC AND FOOD FESTIVAL IN THE AMOUNT OF $75,000 - DENIED; TO BE BROUGHT BACK FOR RECONSIDERATION AFTER THE NEXT BCC MEETING Okay. Next item, D. MR. WALLACE: Mr. Chairman, the next item has to do with Viva Naples, a grant application in the amount of $75,000. The Tourist Development Council recommended denial. MS. RAMSEY: Hello. For the record, Marla Ramsey, Director of Parks and Recreation. I have a couple of quick items, observations on this one I think that are very, very positive. Viva Naples was our first event this year. We held it at the Fair Grounds. And unfortunately, it was three weeks after September 11 th, which everybody was very afraid to come out. But even still, we had over 2,000 people in attendance. The one thing that I think is very interesting on this particular one is that we had over $97,000 in in-kind advertisement from the Page 187 May 28, 2002 local community in both the Telemondo Spanish station, the WINK TV, the Naples Daily News, the Salsa, WINK 96.9, and La Energia, which is a 1440 am. Both TV stations produced a 60-second commercial. So we had a large contingency of local support for bringing in a Latin festival to Collier County. This, like I said, was our first year. We did have a sponsor of last year of $50,000 in TDC grant. Again, this year we had asked for some additional funding in order to take this to a two-day event, because there was a one-day event. If you wanted to duplicate the same event that we had this past year, we would need to have about $45,000 in order to make that happen. I guess at this point in time I'll take any questions that you might have on this particular event. CHAIRMAN COLETTA: I'd like to make a statement more than a question. I originally voted against this because the numbers just weren't there. It just seemed to be too much of an empty promise. And even though I think it's a wonderful venture, I still question the financial aspects of it, whether it -- at what point it's going to break-even. I mean, the numbers were so far removed this first time. And do we really want to invest four years to bring it up to that point in time? That's a question I leave my fellow Commissioners with. COMMISSIONER HENNING: Yeah, I agree. MS. RAMSEY: I guess one of the questions that I would have of the Board is what is your direction on special events? Are the Parks and Recreation events to break-even? Is that the goal of the events that we put on or are the events to be reasonable for the community such as they can afford it? And I think that's the direction we need to know in order to know how to move forward. CHAIRMAN COLETTA: I think I can answer that. I think you're going to have two parts to it. The part that has to do with Page 188 May 28, 2002 tourism dollar has to show an excess to the tourism fund that it's coming from. As far as funds coming from General Funds to underwrite some of these events, no, definitely wouldn't have to break-even because it has a public benefit that far outweighs the cost. But it's got to be a reasonable cost that we're putting out for it. That's my own personal feelings. COMMISSIONER COYLE: We're not dealing with General Fund revenue here. MS. RAMSEY: No, I understand that. And I think the point that I had made only was that we had gotten a grant for -- a TDC grant of $50,000. We did receive back in in-kind advertisement for $97,000, which is almost double two to one the dollar amount that we received from TDC. In addition to that, we spent $30,000 on additional advertisement which would give you, you know, a total of $127,000 in advertisement of Collier County. And, I guess, if the direction is that TDC funding needs to put heads in beds, if that's the only criteria, maybe we need to look at what is the advertising dollar doing for Collier County in general? And if we're able to take that 50,000 and duplicate it two to one, is that not a good return on a TDC dollar? COMMISSIONER HENNING: Some people would feel advertising Collier County is the wrong thing to do. And I think looking at the Tourist Council's recommendation is because of what kind of dollars did it bring into the industry? Advertising, you know, advertising is great. But what kind of results do you get? MS. RAMSEY: I lot of the advertising was done in the Tampa area; Miami area; Sarasota, Sun Sentinel; Palm Beach and various other locations which weren't necessarily local. So we had a number of our dollars in that advertising from outside the driving area. COMMISSIONER HENNING: Should we go to public speakers? Page 189 May 28, 2002 CHAIRMAN COLETTA: Public speaker? MS. FILSON: We have one speaker, David Coria. MR. CORIA: Good afternoon, Mr. Chairman, members of the Commission. I'm David Coria, Chairman of the Hispanic Affairs Advisory Board. I'm here speaking for myself as a private citizen though. It appears that the Tourist Development Board has taken upon itself to ask for the denial of funds to the Viva Naples Festival. It seems the communities of Immokalee, Golden Gate and East Naples are in competition with Port Royal, the Moorings and Park Shore for funding of cultural events. I'm always intrigued when an Advisory Board, without any knowledge of the community, can issue decisions which affect those same communities. My first question to the Tourist Development Board, are there any Hispanics on your Board? Are there any familiar with the cultural activities that take place at that Hispanic festival? Are they cognizant of the number of visitors from Tampa, Orlando and Miami which visited last year? And that was four weeks after the tragedy of September 1 lth. This year we expect the numbers to be much higher. The number of visitors should be much greater to the Collier community from those same areas. The disposal income of the residents of Immokalee, Golden Gate -- the Hispanic residents, I should say, of Immokalee, Golden Gate and East Naples does not allow for the luxury of the Philharmonic, the Sugdon Theater or the Naples Dinner Theater. For them, the few events that the County does provide is what they look forward to. The Hispanic community does not have the benefit of elegant speakers, fundraisers or lobbyists who ask for them. Their meager entertainment is all they can afford. Please consider the cultural activities of the Hispanic festival as an asset to the Collier County open to all residents to come and enjoy the festivals of Collier Page 190 May 28, 2002 County. I ask you to reconsider the decision of the Tourist Development Board and to fund the Viva Naples Festival. yOU. Thank start with 'statewide This year CHAIRMAN COLETTA: Thank you. Commissioner Fiala? COMMISSIONER FIALA: Yes, just a question, because this is very confusing to me. I know that other cities like Fort Lauderdale, for instance, has the Zydeco Festival and it's become so popular. It's put on by the, I think, by the Parks and Recs Department even. And a lot of the cities around Florida are doing that in order to -- when you go over there, you have to stay and it's a three-day festival. But they had to get it started some way or another. I can relate closely to what the TDC had to say in their recommendation for denial, because they're looking for-- they're looking for a reason to spend the dollars that they've taken in on something that will benefit the tourism industry and bring tourists here. Conversely, after the event has really become successful, it will. How do you get from point A to point B? Are there grant dollars available that you could request that could get us from point A where it's a successful event and the TDC would be just dying to support it? MS. PAPPALARDO: Basically what happens is many events TDC funding. And once they are respected throughout the or national level, sponsorship money comes in a lot easier. I have sent out probably about a hundred sponsorship proposals nationwide, everything from beef jerky to anything you can think of. And its hard right now. It's a rough year to begin with. And Viva Naples did have -- we had $2500 sponsoring cash, plus a few $500 business booths, the same for Country Jam. But it takes a long time to get that money. And some of the companies that are willing to give that money are not the venue that we're trying to bring, for example, alcohol and Page 191 May 28, 2002 tobacco. We turned down $15,000 from an alcohol company this year because we, you know, basically cannot have alcohol in our parks. So, yeah, if I'm given the direction to say, "Go, Annie, you know. Go get a beer sponsor." I'm sure Coors Light would love to sponsor, you know, whatever company, bottling company, would love to sponsor something like that. But as a County, we have had that sensitivity that we have kept our events alcohol-free in order to provide that family-type entertainment. So we don't advertise our events to that venue. We're very specific in advertising our events in a very family-oriented atmosphere. CHAIRMAN COLETTA: If I may ask a question? Is there some way that -- you know, I'm not saying the event is wrong. I'm just saying Tourist Tax Development money, I have a hard time justifying using it. Possibly if it was more than a couple of years and it was making the money, it might be different. But to be able to spend it at this point in time, it's difficult. Is there any way that we could do this out of Park and Recs funds and then build back the amount of money that tourism benefited from that? In other words, if you had an event that was totally successful and we could show that we have generated X number of beds and that this is the value of it and that's the percentage that tourism should pay for? MS. PAPPALARDO: I have spoken to hotels about the possibility, as we generate so many bed nights at a hotel getting a kickback for every bed night-- CHAIRMAN COLETTA' Well, I- MS. PAPPALARDO: -- we actually generate to the hotel. That is something that is done a lot with athletic events. Yes, it can be done like that with the hotel directly. Basically, sponsorship money, to answer your question, is what with time we will have national sponsors in order to, you know, break-even the event. If TDC funding is only available for so much time, it's seed money -- Page 192 May 28, 2002 CHAIRMAN COLETTA: Right. MS. PAPPALARDO: -- after that. We're on our own. We're supposed to get these events to the purpose where now it might be the, you know, the Dodge, you know, Viva Naples or whatever. I'm just, you know, saying companies I write to all the time. But basically, that's what happens. This is seed money in order to get the event to that level. And it takes time and it's not just something that happens overnight. CHAIRMAN COLETTA: Is this an item maybe we want to reconsider, too? I'm not too sure. Commissioner Henning? COMMISSIONER HENNING: Make a motion that we accept the Tourist Development Council's recommendations on Item 10-D. COMMISSIONER COYLE: Second. CHAIRMAN COLETTA: Motion from Commissioner Henning and second from Commissioner Coyle. Discussion? COMMISSIONER CARTER: The problem is we do everything piecemeal. We do it one year at a time. There's no commitment. There's no plan. We don't sit here and say, "I'm going to do this for five years. You're going to get X number of dollars for five year?" Because the system doesn't work that way. So maybe the system's broke. Maybe there's a lot of things we have to do differently. We don't want alcohol or such things, but you have Swamp Buggy Days and they make a lot of money off of selling beer. So somewhere along the way we got to figure out what we're doing here. And I don't think we can do it today. And it's going to take some time. But we really have our work cut out for us, because it's a false expectation. The Hispanic community is going to feel let down on this. They're going to say, "Nobody cares." It's not a question of we don't care. You know, we just really don't know how to do it. We don't know how to continue this over a period of time to Page 193 May 28, 2002 get you where you need to be because we never had a good plan to start with. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: I totally agree with what Commissioner Carter just said. I feel I too have to honor what the TDC has advised, yet at the same time I would love to see a network of events taking place in Collier County, not only for the tourism industry, but as well for our own local people so they'd have something to go to. I think that would be wonderful. How to go there though, I don't know. Like you said, we need a plan. We need to put something together. MR. OLLIFF: I'm going to jump in here and at least just reiterate one thing that Mr. Dunning pointed out before and that is this community is unlike any that I've come across when it comes to dealing with TDC monies. You have no requirement under your TDC Special Events Category Funding to put heads in beds. That is something that you have had ingrained in you by the TDC. And I'm saying that it's wrong, but I'm telling you that there is no requirement for that. There's no requirement for that under state statute. There's no requirement for that under Collier County ordinance. So if you're looking for seed money to be able to grow local events, this is the funding source that most communities use for these special type events. And just -- it concerns me when I hear the Board heading towards, well maybe we ought to use General Fund money as opposed to TDC money. If you're going to use a funding source for a special event, this ought to be the funding source that you look to to do that. COMMISSIONER HENNING: You won't see me going to the General Fund. COMMISSIONER COYLE: Me either. Page 194 May 28, 2002 COMMISSIONER CARTER: Well, you know, Mr. Olliff, I don't disagree with you at all on that. And just right back again, I wish we had a way to continue this for the next year and stay out of the General Fund, you know. I don't mind continuing any of this until -- if you can come back and show that there are some moneys that can be seed money of this and to continue them and we don't really -- you know, I'm not looking to make money be off of this, because it's never going to make any money. What it's going to do is augment something that mirror's Collier County and the population that is here. My other fear is though, if you don't do this right and everyone's going to come in here and say, "Italian-American, Polish-American, Irish-American, you know, fund this. Let's, you know -- hey, I grew up in an ethnic neighborhood. They never funded anything. They just went and had a party and charged everybody what it took to do it, you know. I don't know how they did it. We all had fun. But there's got to be a better way. CHAIRMAN COLETTA: Commissioner Carter, may I ask a question? COMMISSIONER CARTER: Sure. CHAIRMAN COLETTA: If the motion failed, would you ask to bring this back on a continuance to be addressed differently? COMMISSIONER CARTER: I would. CHAIRMAN COLETTA: Okay. Any other discussion? COMMISSIONER COYLE: Yeah, just an observation. Commissioner Carter's assessment is absolutely correct. But in order to get to some comprehensive plan about how we do this for the long term, we have to decide which ones we're going to do. And you can't do it one at a time. So if you're going to bring this one back, you really need to bring them all back. And we need to sit down and say, "Which one of these festivals do we want to sponsor?" Page 195 May 28, 2002 And we have to understand that in times when we don't get enough money, we're not going to be able to do that. And we have to fall back on three criteria: Health, safety and welfare. I don't see entertainment mentioned there anywhere. Okay. Now, I know how much you like these things, but when push comes to shove and I've got to build roads, I'm less concerned about entertaining people and I'm more concerned about laying asphalt. And that's where my priorities are right now. COMMISSIONER CARTER: Absolutely. COMMISSIONER COYLE: And although I think it's wonderful for us to have these things, I think for us to have one for every neighborhood and every cause and every segment of the community is lunacy. We can't do that. We'll never be able to do that. So if we're going to do something, let's decide upon a festival, something big, something nice, something that's inclusive of everybody in this County. And let's put our energy into doing it and doing it correctly rather than trying to do it on a hit and miss basis, because you're right, we could fund one of these things this year and then next year pull the rug right out from under you because we don't have the funds. And that's a tremendous waste of manpower, and it leads the community to have false expectations about what's going to be going on. But if we could pull together a single festival of some kind, and lots of other communities seem to do that, then we can do a better job of planning and funding over the long term. CHAIRMAN COLETTA: So you would like to withdraw your second and go for a continuance? COMMISSIONER COYLE: No. I feel as strongly about this one as I did about some of the others. Whenever the committee who is charged with determining how money should be spent in the Tourist Development Funds advises how they think they should be Page 196 May 28, 2002 spent, in order to overrule them, I have to have more and better information than they do and I don't. I really don't have more and better information. But if we're going to bring any of these back, I think we have to bring all these festivals back, considering them at one time, maybe a workshop and say, "How are we going to put together something that benefits the entire community?" Let's do it one time. Let's put our energy into doing that. Let's try to find the funding to do it. COMMISSIONER CARTER: It's possible on what you're saying, Commissioner, is you could take a three-day event, you could have a Latin day -- COMMISSIONER COYLE: Yeah. COMMISSIONER CARTER: -- you could have this day. I mean, you could have -- COMMISSIONER COYLE: Don't leave out Irish. COMMISSIONER FIALA: Polish. CHAIRMAN COLETTA: The Italians. COMMISSIONER CARTER: There you go. MR. DENNING: I'm going to interrupt you for a second. Based upon previous Board direction, I believe you've had this discussion. And actually we are working on what I would consider an ad hoc advisory board to bring back to the Commission to do just what you're talking about, put together a well-rounded community to look at these issues and see where we can do a community event that benefits everybody, all of the industries that are involved and not just a hotel segment, restaurant segment and so forth. I anticipate you're going to see that actually at the next Board meeting. I plan on bringing that back to you-all. So we are working on it from that comprehensive standpoint. I think what you're looking at today are some of the events that, you know, we've looked to find a niche in the Parks and Rec Department. We've tried Jazz Page 197 May 28, 2002 festival previously, and we couldn't compete against the City of the Naples and some of their events. And we found one like in the Country Jam that seemed to work where we were starting to get some decent attendance, and it was one of our biggest events, probably next to Snow Fest was our biggest event. We thought there was a market out there for this festival and that we were going to give it a shot. Last year, the timing was poor. We thought that, you know, bringing back a second event and giving it another shot while we work on this master event may be something worthwhile, but recognizing that we are looking at the bigger picture. CHAIRMAN COLETTA: All right. So that leaves us with the motion for denial. And any other discussion on that? All those in favor of the motion of denial indicate by saying aye. Aye. COMMISSIONER CARTER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: And opposed? The ayes have it 5 to COMMISSIONER CARTER: Do you want me to entertain a motion to bring this back for reconsideration? CHAIRMAN COLETTA: You're more than welcome to do what you like. COMMISSIONER CARTER: I will make a motion to the Board we bring this back after we hear from John Dunning's next Board Meeting to see if there's a way to integrate what he's talking about and still be able to do something with this. And I if could- COMMISSIONER HENNING: Second that motion. COMMISSIONER CARTER: -- make that recommendation to the Board. Page 198 May 28, 2002 CHAIRMAN COLETTA: I have a motion from Commissioner Carter, second from Commissioner Henning. Any discussion? All those in favor indicate by saying aye. Aye. COMMISSIONER CARTER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. Item # 10E FISCAL YEAR 2003 TOURIST DEVELOPMENT SPECIAL EVENT GRANT APPLICATION FOR THE CITY OF NAPLES FOURTH OF JULY CELEBRATION IN THE AMOUNT OF $50,000 - APPROVED MR. WALLACE: Mr. Chairman, the next item is the Naples -- City of Naples 4th of July Celebration, a grant application for $50,000. Tourist Development Council recommends approval. CHAIRMAN COLETTA: I'd like to make a motion for approval. COMMISSIONER HENNING: Second. CHAIRMAN COLETTA: Okay. We have a motion -- okay. How many speakers do we have? MS. FILSON: We have none. CHAIRMAN COLETTA: We have none. Okay. Any discussion? All those in favor indicate by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? The ayes have it 4 to 0. COMMISSIONER FIALA: Who's out? MR. OLLIFF: Mr. Chairman-- Page 199 May 28, 2002 CHAIRMAN COLETTA: Commissioner Coyle is-- COMMISSIONER CARTER: Before I vote, I want to hear from -- CHAIRMAN COLETTA: I'm sorry. I thought you did. COMMISSIONER CARTER: No. From-- MR. OLLIFF: Mr. Chairman, I am just going to, at least, put the Board on fair notice that this is the first that I can recall where the County for a 4th of July fireworks program has provided TDC funding. And I just want to make the Board aware that not only does the City of Naples provide your County program where the Jaycee's put together a competing -- not competing, but complimentary, I guess I would call it, fireworks program at Sugden Park. City of Marco provides their own fireworks program as does the City of Everglades. And just fair notice that we've never been in this business with TDC funding. But if you're going to make an approval of this one, chances are you're probably going to see a number of other requests following suit. COMMISSIONER HENNING: This is just for the parade, if I'm correct. And it's just for promotion of it, Herb. MR. LUTZ: Thank you. For the record, Herb Lutz. This has nothing to do with fireworks except that the Seminole tribe is going to provide a firework show in Immokalee. We are going to have a concert at the Immokalee High School, and those are both on the night of the 4th. This is primarily to support the concert, which is in the County the night of the 3rd and the entire parade activities and all the stuff associated with it and jump and everything else on the 4th. We're not doing any fireworks other than what the Seminole tribe is going to do. We were out in Immokalee this morning. MR. OLLIFF: As long as it's restricted to where it's not providing funding for the fireworks, and I think you're probably safe. Page 200 May 28, 2002 COMMISSIONER CARTER: If that's what I understand, then I will support the motion. If it is for fireworks, then I won't vote for it. MR. LUTZ: The Seminole tribe is going to pick up the tab for the fireworks. COMMISSIONER FIALA: I just -- can I just add something on the side? CHAIRMAN COLETTA: You sure may. COMMISSIONER FIALA: Maybe if we can contribute to this again instead ofjust calling it the City of Naples, we might have something to say about the County. MR. LUTZ: It's in the process of taking place. This is the first year, and Commissioner Coyle knows this, that the City of Naples bowed out of all of these activities completely, turned them over to my committee and myself. They have nothing whatever to do with the parade or any of the other activities. They are doing their own fireworks off the pier. All of us will be in Immokalee. COMMISSIONER FIALA: But it's called the City of Naples 4th of July Celebration. That's just what I'm asking. MR. LUTZ: I understand. And next year maybe we can call it something else. COMMISSIONER COYLE: Collier County. MR. LUTZ: But- COMMISSIONER CARTER: Will we have a parade in Naples or do they- MR. LUTZ: Yes, the parade is in Naples, Commissioner. And so is the jump, the concert and the new activities in Immokalee for the first time, which we're already trying to get squared away for next year are in the. County. Any other questions? I know you approved it and I'm thankful for that. Can I say something, because I overlooked -- I heard a discussion. Page 201 May 28, 2002 Tom, you remember that many years ago we did the first cultural festival and parade in this County. And, Bleu, you remember it because you were here I think at that time. We did a one-day event which involved everything, including people from Immokalee bringing food and vegetables and everything else and putting them down in Cambier Park. I think that's a great idea to put one major festival together. The key is to involve Everglades City and Immokalee and everybody else in it. CHAIRMAN COLETTA: Um-hum. MR. LUTZ: And if we can help in any way, shape or form, we'll be happy to serve on the committee that you put together. COMMISSIONER FIALA: Can I ask you, I think this is such a wonderful event, and we all love it. Why did the City of Naples pull out? MR. LUTZ: I'd rather not discuss it up here at the podium today. COMMISSIONER FIALA: Okay. MR. LUTZ: But I'd be more than happy to speak to you in private about that. COMMISSIONER FIALA: Okay. MR. OLLIFF: Is there anything that would restrict the name from being changed in this current year? MR. LUTZ: No. We haven't -- we'd have to probably get approval from the City of Naples to do that, because the interlocal agreement is between Collier County Government and the City of Naples. Quite frankly, I have enough of a battle right now just trying to make this year be taken care of all right. I don't think I'd like to stir anything else up. But we can address that next year if I'm still involved in it. I know what you mean, Tom. COMMISSIONER FIALA: Um-hum. Page 202 May 28, 2002 MR. OLLIFF: Well, it just seems for anything that doesn't require City approval, it could certainly be called Collier County. MR. LUTZ: The problem -- I didn't want to get into this, but the problem is we have -- MR. OLLIFF: I did. MR. LUTZ: I know. We have to use the downtown -- COMMISSIONER COYLE: He's leaving. MR. LUTZ: We have to use -- that's all right. He wanted to leave a long time ago, and I kept him. You remember that. We have to use the streets downtown. We have to use the parks downtown. We have to use police and fire and barricades and all the other stuff that the City pays for, because none of the TDC money goes for that. All that the money goes for is bringing the military down here. And I have to tell you that if everything falls into place, because it hasn't yet for this year, it will eclipse last year, up to and including a call I got from Immokalee this morning from the Navy. How many years have I been trying to get the Navy to participate? The USS Philippine Sea was en route back from the Middle East. And they have approved bringing a color guard and marching unit right from that boat in Jacksonville and coming down here. It's going to be pretty incredible. And our Honorary Grand Marshal just came back from Afghanistan, spent four months blowing the tops off of mountains, happens to be Lee and Mary Ellen Master's son, Jeffrey, who helps us get our jet fighters. So, I mean, we're all right. Thanks for your help and approval. And we look forward to making it bigger. But if I can help with anything, let me know. MR. OLLIFF: I'm not letting this one go. That was a great answer, Herb, but is there any reason that prevents us from calling this the City of Naples and the Collier County 4th of July celebration? Page 203 May28,2002 MR. LUTZ: If the interlocal can be handled that way. Blue? MR. OLLIFF: I thought the interlocal already referred it. MR. LUTZ: Well, he's shaking his head affirmatively. I can go -- I can go back to the City of Naples and tell them that we want to change this name. Now, if- MR. OLLIFF: As long as it's a jointly funded program, I'd think it ought to be done. MR. LUTZ: They've agreed to do that with the 1 event. MR. OLLIFF: Absolutely. And I don't see any reason why we shouldn't attempt to do it this time. And as a matter of fact, I think I would like to have Commissioner Coyle go with me to do that. COMMISSIONER COYLE: I'll be happy to. MR. LUTZ: Okay. COMMISSIONER COYLE: I really-- COMMISSIONER CARTER: Because the Grand Potent will tell you that negativism is gone. MR. LUTZ: Why, you know, the entire Araba Temple will be down here for this, all 19 units and 150 folks this year. COMMISSIONER CARTER: Good. MR. OLLIFF: The only reason I'm making -- MR. LUTZ: Yes, Tom. MR. OLLIFF: -- it an issue, Mr. Chairman, is when you got events in Immokalee called the City of Naples 4th of July festival, it just doesn't make a lot of sense. MR. LUTZ: Well, that gets us rent-free into the auditorium at the high school and some other things along with that. CHAIRMAN COLETTA: Well, we'll have a good showing, I know that. MR. LUTZ: Yes. I'll call you, Commissioner Coyle, about that. COMMISSIONER COYLE: Okay. Fine, just let me know, Herb, and we'll go down and pound on doors. Page 204 May 28, 2002 MR. LUTZ: We'll make an appointment with Kevin. COMMISSIONER COYLE: Okay. MR. LUTZ: And you can go with me to hold me up. All right. Thanks folks. CHAIRMAN COLETTA: Thank you. COMMISSIONER COYLE: Maybe we should start with the Mayor. MR. LUTZ: I'll set up a joint meeting with the two of them like I did for 911. COMMISSIONER COYLE: That would be good. But I have a question: Can we arrange transportation for people from Naples out to Immokalee and from Immokalee to Naples so that everybody can enjoy these things? MR. LUTZ: I can arrange it if you can fund it. COMMISSIONER COYLE: Well, why don't we just use the busses we've got? Just run- MR. LUTZ: You can't. You can't. We tried using that for even some of the other things in town and the way it's set up, they can't put riders on-- COMMISSIONER COYLE: Why not? MR. LUTZ: -- unless they pay. COMMISSIONER COYLE: Well, they can pay 25 cents. I mean, what's wrong -- MR. LUTZ: I don't have a problem with it. COMMISSIONER COYLE: -- my only concern is getting the buses in a route to go back and forth so people don't have to drive their cars. And that way, if you had events in Immokalee or Naples, people from both ends can enjoy these things. MR. LUTZ: We can probably also get the Sheriff's Office to participate in helping get us out there without any difficulties, if that's necessary. Page 205 May 28, 2002 COMMISSIONER COYLE: With an armed escort; is that what you say? MR. LUTZ: Whatever it takes. COMMISSIONER COYLE: Okay. MR. LUTZ: Anything else? It's been a long day, too. COMMISSIONER CARTER: What does it take, Mr. Olliff or Mr. Wallace, to use those buses if it is a fair box issue? You might even get a sponsor that would pay it. You may even get, you know, for a penny a ride, if that covers the ordinance. MR. OLLIFF: We'll have to get back with you. I know that there were some restrictions based on the Federal Grant Funds that fund the program. But I believe if it is an existing route, which I believe the Naples/Immokalee route is, that we may have the ability to make this work. But I'll provide a written response back to Mr. Lutz at the end of the Board. COMMISSIONER CARTER: Okay. MR. LUTZ: He would need to also make some type of public purpose finding to support that if we're going to pick up the cost in any way, directly or indirectly. COMMISSIONER COYLE: It could solve a lot of parking problems, first of all, and- MR. LUTZ: Where? COMMISSIONER COYLE: Either end, Immokalee or- MR. LUTZ: We're not going to have any parking problems in Immokalee, because we can only handle 900 people in the auditorium. And they're going to come from all over Immokalee and part of the Estates and some down from Labelle, if that's necessary. The fireworks, I don't know how many people they're going to have with that. They're running that. All we're doing is bringing the military to support it, but they're not going to participate. MR. OLLIFF: We'll get you an answer. Page 206 May 28, 2002 COMMISSIONER COYLE: Okay. Good. Thanks. MR. LUTZ: Thank you. COMMISSIONER CARTER: Thanks, Council. CHAIRMAN COLETTA: Fine. We have already taken a vote on that. Do we want to make a notation on that that you voted in favor of that, Commissioner Carter? COMMISSIONER CARTER: Yes. CHAIRMAN COLETTA: And were you here, Commissioner Coyle, when we took the vote? COMMISSIONER FIALA: No. COMMISSIONER COYLE: I voted in favor of it. CHAIRMAN COLETTA: Okay. So we have Commissioner Coyle's vote. COMMISSIONER FIALA: He was out of the room. COMMISSIONER COYLE: You heard me say yes. COMMISSIONER CARTER: Right. CHAIRMAN COLETTA: Well, it was -- COMMISSIONER CARTER: Back there and the light came on. MR. CHAIRMAN: Let's move on to the next item. We still got a long ways to go. Item # 1 OF FISCAL YEAR 2002 AND 2003 TOURIST DEVELOPMENT SPECIAL EVEN GRANT APPLICATIONS FROM THE MARCO ISLAND FILM FESTIVAL IN THE AMOUNT OF $160,000 FOR EACH FISCAL YEAR; TOURIST DEVELOPMENT COUNCIL RECOMMENDS APPROVAL OF $96,000 FOR PUBLIC RELATIONS, ADVERTISING AND WEB-SITE FOR FISCAL YEAR 2002 ONLY - APPROVED Page 207 May 28, 2002 MR. WALLACE: Mr. Chairman, the next item is an application from Marco Island Film Festival in the amount of $160,000 for both fiscal year 2002 and fiscal year 2003. The Tourist Development Council recommends approval only of the 2002 grant for $96,000, limiting that to public relations, advertising and web site maintenance. And they did not take up the 2003 application at all. And Mr. Campo is here. MR. CAMPO: For the record, my name is Nick Campo. I represent the Marco Island Film festival. Chairman, Commissioners, thank you for seeing us today. If I can just take one moment, we would be extremely interested in finding out if we could utilize the CAT system for the festival, because transportation is a nightmare for us, especially bringing people from Marco to Downtown Naples, Naples up to the Pavilion Shopping Center where we're going to have our Naples event this year. We would love to be able to utilize that if it's possible. We'd be in on that conversation if we can. CHAIRMAN COLETTA: How about Immokalee and Everglades City? MR. CAMPO: And Immokalee and Everglades City. CHAIRMAN COLETTA: Okay. MR. CAMPO: I mean, we're looking to move people all around the County at this point. So I didn't know exactly what that would entail. But we would love to sit in on that conversation, if something could be done, and be a part of that. That being put aside, let's move right into what we're here for and that is the approval of our TDC recommended $96,000 grant. And we're going to be real short here, which I'm sure you'll appreciate. But I just want to go over a few numbers with you. Last year, the 5th year, we generated approximately 1.4 million dollars in National Public PR for the festival -- excuse me, for Collier County Page 208 May 28, 2002 and, of course, for Marco Island during the festival. That's advertising -- excuse me -- articles and TV shows and different things that were promoted that mentioned the festival and mention the area. There's just one simple little thing that's out there right now and this is the May 12th Variety. And I just wanted to read this to you very quickly, just one line. And this is an article about a program to develop sponsors for festivals, and they used our festival as an example. And there's one line here I think is beautiful, and it's, "Tucked off the Southwest Florida Coast and blessed with white sand beaches and plenty of golf, Marco Island is a natural for the circuit." They were referring to the Marco Island Film Festival. This is in Variety right now, which is the trade publication. And that's just one article of a number that we're getting. We've grown from a $260,000 festival to a budgeted festival this year of a little over 700,000. We are incorporating Naples into it at a much larger scale this year. We are having our opening in Naples for four days, and then we're moving the festival to Marco for four days, reason being is the logistics of moving everything back and forth, we're talking 95 films, moving 20 to 30 films a day back and forth between the theaters in Naples and the theaters in Marco. Moving the star -- the invited guests and all of our equipment just became too much of a nightmare. So we decided to actually do four days in Naples, four days in Marco, hence, we have the $100,000 addition. We also will be doing probably a Best of the Fest in the Bonita area afterwards like we did last year. And, of course, we're looking to incorporate Immokalee somehow. I don't know if we're going to be able to pay to go out there this year, but we definitely want to bring -- we want to get involved in the school system and bring them to the festival this year. Hopefully we can possibly use the public transportation. Page 209 May 28, 2002 Really, that's about it. The only thing that we're asking, the TDC was very, very generous in their recommendation. And they gave us three line items, the public relations for 53,500, the paid advertising for 40,000, that's all out-of-county, national advertising and our internet web site development for 2,500, which is a huge part of the festival at this point. We probably get 30 to 50 e-mails a day that are directly related to the Film Festival. We are asking though, we're very concerned with our celebrity promotion, because that is one of the biggest parts of the festival. And this year we're looking to bring in an alias star. It's our fifth year. It's time for us to bring in -- excuse me -- a real name. And they're very expensive. They're all round trip, first class tickets for a star, for their significant others, for their publicists, for their bodyguard, you don't even know what these people ask for, and there's nowhere in here, because they cut that part of the budget out for us. And so we're simply asking that we change the public relations name from public relations to celebrity promotion, so that we can, if we come up short, utilize some of that 53,000 to bring the stars in. Other than that, we're just looking for approval of the recommended amount of money. And if you have any questions, I'd be happy to answer them. CHAIRMAN COLETTA: I don't think that that was mentioned to the TDC about using that 53,000. MR. CAMPO: Well, at the time we didn't realize what they were going to be cutting. They cut out that whole portion. So now I'm kind of asking for that now. CHAIRMAN COLETTA: To reference back to the TDC, they originally were very much opposed to the funding until they found out the scope of the expansion -- MR. CAMPO: Um-hum. Page 210 May 28, 2002 CHAIRMAN COLETTA: -- and they agreed to come aboard for the cost of the advertising, because of the fact that it was expanding to the point they could see a direct benefit. But generally, for the most part, if it remained the same, the scope of your operation compared to last year, I doubt seriously that TDC would have come through. They more or less drew a line in the sand last year, and they stepped over it this year because of the way you were stepping up to the plate- MR. CAMPO: Right. CHAIRMAN COLETTA: -- to expand the whole operation. I, myself, can still back the TDC's recommendation. In fact, I'll make a motion that we approve the TDC recommendation as it came down. COMMISSIONER HENNING: I'll second it. MR. CAMPO: Thank you. COMMISSIONER FIALA: Discussion now? The TDC also recommended here -- or it didn't recommend. During their discussion, they were very excited about the advances you've made in this Film Festival. And Mrs. Saunders as well as Mr. Galleberg both said that it was important to bring famous people down as you're rising to a new level. And I would like to be able to see at least a small portion of that money used to help you bring those people down. I'm not asking for any more money, but I think they should be able to. You know, with TDC themselves, part of them felt it was a good idea. CHAIRMAN COLETTA: Well, they seem to be unanimous with Mr. Vaccaro's suggestion to limit those funds to that particular direction. I'm not saying that it wouldn't be a good idea to consider something different. And I'm willing to listen to anything that the Commission has. COMMISSIONER CARTER: Mr. Chairman, I will not support using public relations' dollars to transport a star. Find a sponsor. Page 211 May 28, 2002 Find somebody else to pay for their lifestyle. I'm not going to pay for it. The other, I see a very direct benefit to Collier County. And I could support that because it fits, to me, with an overall plan of where we're trying to go. You know I did not support this in the past, because I did not see where you were going. I hope you have a five-year plan in place that you can demonstrate in the future where you're taking all of this and what you're going to ask the TDC to augment in the future. Because as you go forward and we get our marketing person internally, I think those questions will be in front of you and we'll have a better basis for making decisions. MR. CAMPO: I fully appreciate that, Commissioner, and I understand exactly what you're saying. It's just a request. However, I would like to state that I believe that this is one of the strongest marketing tools that Collier County has going right now, 1,670 room nights that are documented room nights that was four weeks after 911. We're really becoming a tool for the County,.I believe, as a marketing. And I honestly would like to see some of the programs that the TDC is putting forward to market Collier County that are doing as well, that are performing, that are tracked as well as we're being tracked. So I completely appreciate what you're saying. It's just a simple request. Believe me, we were very happy with the money that the Tourist Development Council has given us, and we will work around it. It was just a request. CHAIRMAN COLETTA: MS. FILSON: No, sir. CHAIRMAN COLETTA: Any speakers? Any other discussion? We have a motion. We have a second. All those in favor indicate by saying aye. Aye. COMMISSIONER CARTER: Aye. COMMISSIONER FIALA: Aye. Page 212 May 28, 2002 COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? The ayes have it 5 to 0. Thank you very much. MR. CAMPO: Thank you. CHAIRMAN COLETTA: You know, I think at this time we're going to take a five-minute break, which usually goes to ten minutes. (A recess was had and the hearing continued as follows:) Item # 10G STAFF, COASTAL ADVISORY COMMITTEE AND TOURIST DEVELOPMENT COUNCIL RECOMMENDATIONS TO DISAPPROVE A TDC CATEGORY "A" GRANT APPLICATION FOR THE GOODLAND CANALS DREDGING DESIGN AND PERMITTING - RECOMMENDATION APPROVED MR. HOVELL: Good evening, Commissioners, Ron Hovell with Public Utilities Engineering. Does it sound like I'm on? CHAIRMAN COLETTA: Yes, you are. MR. HOVELL: There we go. This item is a grant application from the Goodland Civic Association for the design and permitting of the dredging of the Goodland canals. I've put a view up of the five year areas that are the primary concern down there in Goodland. Real briefly, the County Attorney and I made a trip down and visited, I think, all those areas that are shown by boat. And attached to your executive summary, we have a written opinion from the County Attorney that indicates that this project is not eligible for TDC funds, specifically because it's not related to beach maintenance. There's no beach in the vicinity of Goodland and the material to be dredged. Although we haven't tested it, it's probably Page 213 May 28, 2002 not beach-compatible sand. It probably could not be put on a beach. So for those reasons, the staff, the Coastal Advisory Committee and the Tourist Development Council have all recommended against approving this grant application. And I know there are a number of public speakers here as well as the County Attorney that wrote the legal opinion if you have any questions for him. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Yes, I do have one. I understand what you've just told me. And of course, we've spoken and spoken to the County Attorney. Being that this is such a great tourist destination and one of the ways tourists get there is by boat and being that their passes are getting closed up, is there ever a way partially funding just those passes, you know, not the places where they're eroding? And you were talking about they're eroding because there's no bullnosing at the end of the -- or no sea walls at the end of their Bullnose Islands. But if there was a way at some passes to at least enable not only tourist boaters but also fisherman who provide the fish and the seafood for the tourists to be able to get in and out of there at least one or two passageways? MR. HOVELL: Not to my knowledge, Commissioner. I put up on the view screen the Florida Statute. And there is a difference between the Florida Statute and the Collier County Ordinance to the tune of about three words. Those three words in the Collier County Ordinance say, "Pass and inlet maintenance." Although I wasn't here when the ordinance was developed, I assumed that those words were added to clarify that you can maintain some passes as long as you are also maintaining the adjacent beach. For instance, when we just dredged Wiggins Pass, we dredged up beach-compatible sand and placed it on the beach. And I would believe that that's why the County Ordinance says that. The Florida Statute does not make that Page 214 May 28, 2002 specific allowance for passes and inlets. It only relates to maintaining beaches. COMMISSIONER FIALA: Well, what -- MR. HOVELL: Again, with no adjacent beaches to Goodland nor it being beach-compatible sand, we see no way to make it eligible under the Florida Statute. COMMISSIONER FIALA: Does it say that the pass must contain beach-compatible sand or that they must remove the sand from the pass in order to put it on to an adjacent beach? MR. HOVELL: No, ma'am. My point was that I believe the way the Collier County Ordinance included those words was with the assumption that when you're maintaining a pass, you are in essence maintaining a beach. In Goodland, that is not the case. It's not a pass-through to adjacent sections of beach. You're not doing sand bypassing, moving sand from one side to the other. You're not placing sand on the beach. Florida Statute strictly speaks to beach maintenance and beach renourishment. It's only in the County that we've added those few extra words. And as I say, I believe it's because -- perhaps you can say it's an assumption that any pass we would be maintaining would be, by definition, maintaining a beach. But that's not the case in Goodland. So-- COMMISSIONER FIALA: But it is maintaining a pass that's used by people from the tourist industry as well as serving the tourist industry. MR. OLLIFF: Ma'am, as much as we'd like to, it's our opinion that it's not legal. COMMISSIONER COYLE: Well, that cuts that conversation short. CHAIRMAN COLETTA: Headed off at the pass one more time. Page 215 May 28, 2002 MR. OLLIFF: Suffice, there are a number of different ways. But it's our interpretation of Statute that we're not allowed to do that. COMMISSIONER HENNING: And I'd like to support it because one of those areas that they want to dredge is an area when I first got stuck in my boat. COMMISSIONER FIALA: See. MR. OLLIFF: I've been there, too. COMMISSIONER FIALA: Is there a way at some future -- I mean, not in the very near future, I mean, like shortly, we can address something like this and see if we can't adjust? COMMISSIONER CARTER: Why not let them address it to an MSTU? Let them do their own thing, every property owner down there. COMMISSIONER FIALA: Well, there's only about 400 properties and it's over a million dollars. COMMISSIONER CARTER: Well, they got the work. They know what they need to do. I think it's up to them to make that determination. CHAIRMAN COLETTA: Question, if I may? Where would it be that the boat ramps are going to go over here in Goodland? MR. HOVELL: You're talking about the property that the County acquired? CHAIRMAN COLETTA: Yes. That's down over here at the far corner? Was there anything there that needed to be done as far as dredging? MR. HOVELL: No. That's the one area that would not seem.to need any dredging, or at least it wasn't specifically pointed out as one of the higher priorities. And again, even if it was, I'm not sure how we would classify that under the State Statute to somehow be eligible for TDC funds because it wouldn't be a beach park or beach park facility. Page 216 May 28, 2002 CHAIRMAN COLETTA: Well, the boating is an industry that brings tourists down there, I would imagine, I mean, for that one particular item. But then again, if that's not a problem area, then that won't work. COMMISSIONER CARTER: Well, Commissioner, we already invested 4.75 million in that piece of sand. to spend any more money there. CHAIRMAN COLETTA: Um-hum. So I don't think I'm going Well, I mean, if it was a question whether the boats could get in and out, then, of course, at that point in time, to make it economically viable for the County to get involved with it, we'd have to. But that's a moot point, because you already got access in and out. MR. CAMPO: Mr Chairman, as I see it from the County Attorney perspective, when I read the ordinance and the statute, it talks about the qualifying logical -- or factual nexus you need is as these uses relate to the physical preservation of the beach shoreline or inland lake or river you're going to have to show that nexus. In the absence of that, I don't see where you can use the monies. CHAIRMAN COLETTA: Any other questions of staff?. Speakers? MS. FILSON: Yes, sir. We have three speakers, the first one being Mike Borbush. He will be followed by Connie Steigel- Fullmer. MR. BORBUSH: Good afternoon, Commissioners. Well, I feel like I'm swimming against the tide here, but here we go. For the record, my name is Mike Borbush and I'm the President of the Goodland Civic Association and a 23-year resident of the County. I'm here to request approval of the TDC item involving $150,000 for dredging in Goodland. This request is for an engineering study to determine the cost of dredging five inlets to the canals. This is not a request for interior canal dredging. First, let me thank Ron Hovell Page 217 May 28, 2002 and his staff for all the time that they have put in with us. He came down and toured the affected areas by land and sea. Tourism is a vital part of Goodland's economy, restaurants, charter captains, fish houses. Fisherman, crabbers and marinas are all affected by the shoaling that has impacted their business at low tide. There are five areas around Goodland that need dredging. First is the Buzzards Bay area where Staffs Idle Hour Restaurant, the Little Bar Restaurant, the Old Marco Lodge, Charter Captain's Ted Naftal and Russ Gover, and commercial fishing interests like Kirk's Fish House and Captain Gary Weeks reside. These restaurants are all accessible by water. And the fishing interest to supply tourists and locals with fish and crabs have a difficult time navigating the bay at low tide. The second area is the entrance to the Mar-Good Campground and the Drop Anchor Trailer Park. Eighty percent of the restaurant -- eighty percent of the residents of Drop Anchor are seasonable -- seasonal, and Mar-Good serves tourists year-round with travel trailers and campsites. This entrance is very narrow. A third is the large shoal in front of the Marker Seven Marina and Pink House Motel as a tourist interest directly impacted by the shoaling that restricts the boat traffic in and out of the motel. The fourth is the entrance to the Coconut Avenue Canal, which has a commercial fishing interest in the canal and a possible marina under consideration at the entrance. Fifth is the entrance to the canal at the Calusa Marina and Palm Avenue Canal. This is a very heavy traffic boating area where a planned PUD is set to break ground this summer directly served by this canal. Goodland is heavily dependent upon tourism. And boating is a large part of the recreational activities for tourists. We encourage you to approve the dredging study of the affected area for boaters visiting Goodland. Goodland's unique charm and character Page 218 May 28, 2002 draws not only tourists, but County residents by boat to Goodland for events such as the Mullet Festival, which is attended by thousands each year. The boat parade in February to benefit Hospice also is a tourist favorite. Off-season events such as the Little Bar Spamajama are also very popular with tourists. On any given Sunday, Staffs Idle Hour plays host to hundreds of tourists and locals enjoying the unique atmosphere of Goodland, and they come by boat and car. In conclusion, the Goodland Civic Association asks your support for the approval of the dredging study as it impacts the tourist and interest in Goodland and has a direct affect on our local economy. Thank you for your consideration. MS. FILSON: The next speaker is Connie Steigel Fullmer, and she will be followed by your final speaker who is James Graham. MS. FULLMER: Good evening Commissioners, Connie Steigel Fullmer, for the record. Mike pretty much summarized a lot of the things that I was going to say. Commissioners, Commissioner Carter, you mentioned about the $4 million that was wonderfully set aside to acquire the property that we're in hopes of becoming a park and boat -- possibly a boat ramp in Goodland. Something having to do with that land that may be in conjunction with what we're talking about, about the dredging, is that Marla Ramsey has indicated that in comments to her about that property, it's the proposed development that was going to go in there. They excavated down and took dirt out to take it down to four foot above sea level. During heavy rains, we have water standing on that Old Palm Point property; a lot of mosquitoes so it needs to be filled. Her concern is about being able to move dirt in from other areas of the County to fill that land. Some of that fill that can come out of those bays and canals can be used as the fill that's needed to fill in on that land as a possibility. But also, looking at this request for the money, Page 219 May 28, 2002 for an engineering study, somehow we got pigeonholed into the category for the beach category. Perhaps there's a possibility to look at funding money to pay for this engineering study from a different piece of that TDC pie. We have all of these events that go on throughout the year in Goodland that draw tourists from all over the country, in other parts of the world, as a matter of fact. The Mullet Festival is in its 21 st year. The Mardi Gras Boat Parade is in its seventh year. We've funded all those events, our annual birthday celebration, the annual Christmas Bazaar, the Spamaramajama. Those are things that the business people in the local community have worked on for years and have funded them all these years. We bring in a lot of tourist dollars in that community. People that come from the hotels, the concierges give guidance to the people that are staying on Marco at the hotel to go down to Goodland. These are places that you can enjoy great meals, great entertainment, lots of fun and lots of events. They come by boat. They come by motorcycle. They come by car. And we have a lot of people coming down that way. Goodland generates an awful lot of tourism dollars. So maybe another piece of that TDC piece can be looked at, maybe the special events piece of pie, although it's pretty well divvied up, as we've learned today. But museum money, we have our own museum in Goodland at Mar-Good. But the entire community of Goodland is actually a museum. Our oldest building down there dates back to 1870. It's one of oldest concentrations of historic buildings and homes anywhere else in Southwest Florida. So we've been pigeonholed into this part of the budget for beach renourishment or beach access or things to do with beach, but we actually could fit in any of those pieces of pie or category. And we thank you for your consideration. Maybe give it another swift look if you could. Thank you very much. MR. CHAIRMAN: Thankyou. Page 220 May 28, 2002 COMMISSIONER FIALA: Your final speaker, James Graham. MR. GRAHAM: James Graham, resident of Goodland. And I'm on the Board and have been for a while. And we voted to fill up the application and send in for this, because we believe that we're entitled to this tourism funding to help us. We had established as a tourism to the staff. What more can I say. I had to follow the two speakers in front of me. I'd see in the future, if we don't get some help with this dredging business because a lot of the boats today can't get in on certain tides to enjoy what -- they're sent down actually and told, "Where are you going to go?" Goodland, all the hotels, "Where would you go?" Goodland is a destination for tourism. It has been for years, and you-all know this. And not only did -- by the way, to get off the point here, I've watched you guys on TV. I think you might be good this year. I really, really do. But anyways, but I like to think that when it comes to Goodland, we're a jewel or a diamond or maybe a diamond in the rough. I don't know. But I believe you can take your hats and turn them around and become true stewards of a jewel of Southwest Florida, which is Goodland. It has been, you know, like I said, it's really up to you guys. I don't know how to do this. I don't know how to get this kind of help. But obviously, the residents of Goodland would never approve of, you know, trying to get this dredging done, because they don't have the money, really, I guess. But there's some that would like to see the whole thing fold up and we would lose this, you know. There's people who go out of their way to put spokes in a wheel to stop it from rolling and destroy something that is wonderful to me. Anyways, that's my opinion, and it's something to think about. This is a jewel. Save it. Thank you. COMMISSIONER CARTER: Mr. Chairman, I think your Vice Chairman is trying to get your attention. COMMISSIONER HENNING: Hi. Page 221 May 28, 2002 CHAIRMAN COLETTA: Hello, Commissioner Henning. How can I help you? COMMISSIONER HENNING: I think this might not be out of line to -- for a Federal appropriations on that. And we have some candidates that are vying for Congress and maybe you could bring that up as far as a first win for Collier County. With that, I'll make a motion that we accept the Tourist Development Council's recommendation. But I will mention that to some candidates to see if we can do something on a federal level. CHAIRMAN COLETTA: We have a motion from Commissioner Henning. COMMISSIONER COYLE: Second from me. CHAIRMAN COLETTA: And a second from Commissioner Coyle. Any other discussion? COMMISSIONER FIALA: Just one more if it looks like it's not going to pass. And is there a way that we could maybe get some people from our County to work with some people from Goodland and figure out some ways to help, at least get some of these passes open and maybe use the sand in the parks so we'll accomplish something from Marla? That was a great suggestion and at least to keep the passes open so that the fishermen can get out and supply the restaurants as well as the tourists can get in? COMMISSIONER HENNING: Yeah. And, Mr. Hovell? MR. HOVELL: Hovell. COMMISSIONER HENNING: Hovell. Thank you. If I get a picture of this and bring it to the attention of the powers to be in Washington, D.C., maybe we want to consider getting a consultant to find out how much it would take to dredge those, if we get a favorable nod from Washington, D.C. COMMISSIONER FIALA: Anything I can do to help and I'm sure the Goodlanders would help, also. Page 222 May 28, 2002 CHAIRMAN COLETTA: We have a motion to disapprove. Any other discussion? All those in favor of that motion indicate by saying aye. Aye. COMMISSIONER CARTER: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? COMMISSIONER FIALA: Opposed. CHAIRMAN COLETTA: And Commissioner Fiala is the person that's opposing it. Thank you. MR. GRAHAM: Thank you very much. Item #1 OH STAFF, COASTAL ADVISORY COMMITTEE AND TOURIST DEVELOPMENT COUNCIL RECOMMENDATIONS TO DISAPPROVE A TDC CATEGORY "A" GRANT APPLICATION FOR THE BAREFOOT BEACH CLUB DUNE RESTORATION IN THE AMOUNT OF $81,500- RECOMMENDATION APPROVED CHAIRMAN COLETTA: Okay. We're moving on to Item H, right, -H? MR. HOVELL: Yes, Commissioner, the -1 OH is another grant application for TDC Category A funds. This one is from the Barefoot Beach Club. It's for approximately -- let's see $81,500 basically to restore some sand dunes - MS. FILSON: Sorry. MR. HOVELL: -- sand dunes that were damaged during Tropical Storm Gabriel. Again, I know we have some public speakers for this, but we did get a County Attorney's opinion. Since that area has never previously been maintained with public funds, Page 223 May 28, 2002 there has not been an erosion control line established. The public property, if you will, the State property begins at the mean high water. This project was strictly to repair the sand dunes on the high end of the beach and is totally on private property. And I believe it's based on those facts that the County Attorney wrote her opinion indicating that it's not eligible for TDC funds. I note Jacqueline Robinson Tears, she wrote the opinion if you have any questions for her. If not, I know there's two speakers on this subject. CHAIRMAN COLETTA: One for all the speakers? COMMISSIONER FIALA: Your first speaker is Rick Bohanscurt and he will be followed by Michael Poff. MR. BOHANSCURT: Good afternoon, Commissioners. I'd thank you for the honor and privilege to be able to address you here today. For the record, my name is Rick Bohanscurt. Everybody mispronounces it. I'm the Manager of Barefoot Beach condominiums. We have twelve, seven-story mid-rise buildings on approximately 2,800 feet of shoreline with 348 owners there. First of all, I'd like to emphasize that Barefoot Beach is not a private beach. It's a beach access, both from the north and from the south by County parking lots. The beach is highly utilized throughout the year by both County residents and tourists, like I said, throughout the entire year. Our project benefits the Countywide beach program by reducing future maintenance costs. Furthermore, we have restored the critical sea turtle nesting habitat that was restored from Tropical Storm Gabriel. And to quote Commissioner Fiala from her later today on another subject, "Barefoot Beach owners have put their money where their mouth is." The owners paid $198,360 up-front out of their own pockets without having any inkling prior to having the slightest hope of any monetary participation from the County. As far as participation goes, I would like to point out that any of the owners from Barefoot Beach Club Page 224 May 28, 2002 make their donations, large donations, to the friends at Barefoot Beach. Also, they volunteered their time as docents and tour volunteers at the park, at the south end, thus eliminating the need for the County to have to pay for County employees to staff these positions. In closing, I'm going to keep this short, our long-term goal is to be part of the County program. And with your positive approval today, we'll be furthering the cooperative relationship between the County and Barefoot Beach. Thank you once again for allowing me to speak today. MS. FILSON: Your final speaker is Michael Poff. Did I get that wrong, too? MR. POFF: That's okay. For the record, Michael Poff, Coastal Engineering Consultants, representing Barefoot Beach Condominiums. Thank you for the opportunity to present some supplemental information. Billy Barefoot Beach has historically been a stable beach requiring very little maintenance. The County performed the Sea Grass Removal Project several years ago, including Barefoot Beach. Other than that, this beach has been low maintenance. They're asking today that you do not make it no maintenance. The Barefoot Beach condominiums have applied for TDC funding to restore their dune in the aftermath of Tropical Storm Gabrielle. County staff have been very helpful in discussing the future inclusion of Barefoot Beach in the Countywide Beach Management Program. However, due to timing and the need to complete the project prior to nesting season, the condos took it upon themselves to apply for and acquire the necessary permits and implement their project. The project included trucking in over 2,700 cubic yards of beach- compatible upland sand. The sand was placed on the beach and dune seven feet in dune crest width, then sloped out and onto the beach 12 Page 225 May 28, 2002 to 15 feet wide. The dune crest was planted with thousands of sea oats. An irrigation system was installed to water the plants. The cost for this primary dune and beach restoration work is $81,500, which is the basis of the TDC application. For your information, the condos are also restoring their secondary dune, the dune that is off the beach. Sand overwashed landward, completing covering existing vegetation. They are spending an additional $120,000 out of their own money on planting and irrigation of a secondary dune. They are not seeking reimbursement for these costs. The beach committee and TDC recommended denial on some of those issues that were raised that we would like to discuss with you briefly. First, one member stated that Lely Barefoot Beach has many County code violations. Please note that the condos are only one development within Barefoot Beach. Barefoot Beach condos have no code violations. We have received a letter. We forwarded it to staff and to yourselves stating that the condos do not have any code violations. I have extra copies here if you do not have them or would like copies. Second, one member questioned if we had permits for the work. The answer is, yes. We provided those permits to staff, and we have extra copies if you need them. Further, both County and DEP staff has observed the work and deem the project complete having met all permit requirements. Third, the issue of the litigation of the gatehouse was raised. As you're aware, this issue has been ongoing for many years. The bottom line with respect to beach access on Barefoot Beach is the public may proceed past the gatehouse and directly enter the north or the south County lots and access the beach, which leads to our next issue, public access. The County has set a precedence of maintaining the beaches Countywide even if public access is not immediately adjacent to the work. And through prior correspondence to you and staff, we provided two examples. Page 226 May 28, 2002 But, please note, there are many others of similar projects that the County has used TDC funds on and the relationship to public access. Comparing our project to the others, the two public accesses on Barefoot Beach, both of which include significant parking, are within the historical limits of other County projects. The last issue is work on private property. By nature of the work, dune restoration is done on private property. Beachfront owners generally own to the mean high water line. Or in the case of a beach project, such as Vanderbilt, Park Shore, Naples an erosion control line. Ninety-nine percent of the dunes built on Vanderbilt, Park Shore and Naples were built on private property, as this work took place landward of the mean high water line or the erosion control line. The dunes are vital in terms of storm protection serving as a reservoir of sand during erosion events and providing habitat for sea turtle nesting and gopher tortoise burrows. An erosion control line was not required as part of the permits to restore the dunes for the damage from the storm. All of Lely Barefoot Beach is publicly accessible and vital to the tourism industry of Collier County. Spring break and Easter weeks the beach is packed. We had to shut down construction as there were so many people on the beach. All the condos are asking for is to be treated equally with the rest of the County. I am confident that if Barefoot Beach were in the Countywide program today, this project would have been paid for by TDC funds. Please do not discriminate against them for independently proceeding with their project. Rather, reward them for independently achieving success. Thank you. And I'm happy to answer any questions you may have. CHAIRMAN COLETTA: But I'd like to make a motion that we go along with the Tourist Development Board and the County staff and Coastal Advisory Committee and deny this particular application Page 227 May 28, 2002 based upon the fact that we have -- the County Attorney's office has written a legal opinion indicating that the project was not eligible. And to go against that, would be contrary to what we should be doing. COMMISSIONER HENNING: Second the motion. COMMISSIONER CARTER: Questions? Are we going to take questions? CHAIRMAN COLETTA: Yes, I am. Question? COMMISSIONER CARTER: I don't agree for three reasons. One, there was a precedence set, which you have pointed out from Park Shore Resident's Beach Renourishment 1997, 125,000; South Naples Beach tee groins, 1999 to 2000 for $700,000, which if we're applying the same criteria, those would not have been paid for out of beach renourishment funds. Secondly, we have always supported a public, private partnership in trying to get things done in this community. The private sector has stepped up here, spent $200,000. You say, "Well it benefits them." Well, yes, it does, but it benefits everyone. If turtle nesting is a high priority and we care about it, then I would suspect if they didn't do anything that would have caused us difficulties. What they're asking for us to do is support 815 and plantings to hold the sand and an irrigation system in order to make sure that it grows. It seems to me that it's tourist tax dollars supporting one of our greatest assets and that is the beach. And everyone uses this beach. I don't know how Counsel ended up with this opinion. That's what we have legal counsel for. But in this case I'm challenging that because I think that this is a legitimate request. CHAIRMAN COLETTA: Any other comments, questions? Commissioner Coyle? COMMISSIONER COYLE: In order to be consistent with my position all day today on these issues, I would have to vote against Page 228 May 28, 2002 this particular petition. However, I'm concerned about the same problems that Commissioner Carter is concerned about. I know of these other projects that have been conducted, and they have been paid for with TDC funds and in all fairness, I think we should be consistent in the way we go about doing these things. That doesn't necessarily mean that I would go against the TDC's recommendations today. But I certainly think we need to sort out the consistency issue and provide every one the same access to TDC funds rather than providing it to some and not giving it to others. I think consistency is very important when we get down to the issue of making decisions about a valid public purpose. It can't be a valid public purpose when it's done in South Naples and not be a valid public purpose when it's done at Lely Barefoot Beach. I don't understand the distinction. I think the public access is just as restricted in South Naples as it is in Barefoot Beach, if not more so. But I would like to have that question addressed. I'd like to understand where we can go with this, if anywhere. MR. HOVELL: I can try and adjust it to some extent. The projects that Coastal Engineering Consultants sent us as examples and in discussing with the County Attorney's Office, the difference seems to be almost all the projects we've ever done have in some way, shape or form gone typically from the back end of the beach all the way out to the waterline, if not further, by filling in submerged lands. And so it becomes a little harder to say it's either strictly on private property or that there's no public benefit, because typically you are, in fact, doing something with the public lands as well as private lands. In this particular case, it is strictly work on private property. It is not across the width of the beach. And I would concede that it's not across the width of the beach because it didn't need to be across the width of the beach. But the County Attorney's Page 229 May 28, 2002 opinion was based on the fact that it's strictly on private property with no work on public property. COMMISSIONER COYLE: So you're saying that there is no work from the mean high waterline seaward? It's -- it's all - MR. HOVELL: That's correct. COMMISSIONER COYLE: It's all- MR. HOVELL: In this particular case it was strictly restoring the dunes and not both beach renourishment and restoring the dunes, which is what we -- way back when when we did the major renourishment on Naples Beach, we filled in submerged lands, built up a beach. And then, yes, on the back we built up sand dunes on private property. But we did so through a very public process and obtained easements from the property owners and have built a beach that's both valuable to the public and to the private interest. In this particular case, I think it's a lot more challenging to tie the argument to the public benefit and it's certainly, I would think, not possible to tie it to doing work on public land. COMMISSIONER COYLE: Is this policy fairly well documented about mean high water and -- MR. HOVELL: Any beach renourishment projects we do we have to determine whether or not -- if the County executes it, anyway, we have to determine on whose property we're doing it. And typically it's not on County property. It's either on State property, because of a previously established property line called the erosion control line, or the mean high waterline, and then it becomes below that at State submerged lands. So, yes, we're always very sensitive to whose property we're doing the work on. COMMISSIONER COYLE: Okay. Let me make sure I understand this. If you restore a beach from the mean high waterline seaward, that is very clearly an appropriate use of TDC funds? Page 230 May 28, 2002 MR. OLLIFF: Depending on a number of other criteria, including public access, beach parking proximities and in some of those things, because there are some other cases out there where we will probably be bringing back some items for your discussion, where previous Boards, frankly, have made a decision that there is a public benefit that I'm not sure your staff today can find. And we're uncomfortable and we want to bring those back for your review. COMMISSIONER COYLE: Okay. Would those include some of the ones that are listed here. You think? MR. OLLIFF: No, sir, not any of those two. But these are projects that we have yet to expend funds on. COMMISSIONER COYLE: I guess I need to know where we establish the dividing line. If we are making sand dune restorations on private property in order to hold sand in State property, would that entire project be considered for funding for TDC funds? MR. HOVELL: I'd have to look to the attorneys on that one. I'm not sure. MS. ROBINSON: Good'afternoon, Commissioners. The primary basis for the opinion in this case is that there appeared to be no public benefits that could be pointed out by our staff. Additionally, all of the work that was actually done for which they're requesting reimbursement for was done on private property. And although in the Florida Constitution it clearly says that the public owns all of the shoreline under the water, unless it's been given to private parties by the State, this particular project doesn't extend that far. And there's no connection that we can find between the work that was done by the homeowners and the benefit to the public. That being the case, there was no justification for using public money for this private project. Page 231 May 28, 2002 COMMISSIONER COYLE: Okay. But we apparently have perhaps done that in the past and we need to solve those problems, right? MR. OLLIFF: Yes, sir. COMMISSIONER COYLE: Okay. All right. Thank you. CHAIRMAN COLETTA: Any other comments? COMMISSIONER CARTER: Well, I guess you have the misfortune of the sand coming from the public area onto the private area and you had to clean it up and restore dunes, because I often wonder what would have happened if there were no buildings there and it all washed out and then where would we be? Then I guess we would be back to more of a public purpose. I'm going to lose this one. MR. HOVELL: Well, it seems if they had brought in more sand and covered the beach out to the waterline and spent more money that wasn't needed, you would then be voting to approve this today. As I said, the work was done specifically to restore the damage from the storm. Albeit on private property. But as I said, 99 percent of all the dunes built on those three beaches are on private property. They are all landward of the erosion control line or the mean high waterline. That's the nature of the work and it is a valid TDC expenditure. I will disagree, all due respect to the County Attorney's opinion, working on projects up and down the State of the Florida. This is definitely a project that would garner TDC funds. The Park Shore project was all above mean high water. There was no work seaward of mean high water and there is no erosion for the line in place on that particular project. CHAIRMAN COLETTA: Okay. With that, if there's no more discussion, I'm going to call for the question. All those in favor of the motion to go along with the TDC recommendation, indicate by saying aye. Aye. Page 232 May 28, 2002 COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? COMMISSIONER CARTER: Aye. CHAIRMAN COLETTA: And Commissioner Carter is the descending vote. Thank you. Okay. From there we go to K, right, Item #1 OK RESOLUTION 2002-256, AUTHORIZING A LOAN AGREEMENT WITH THE FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION IN AN AMOUNT NOT TO EXCEED $70,000,000 TO FINANCE THE ACQUISITION AND CONSTRUCTION OF CERTAIN IMPROVEMENTS TO THE UTILITY SYSTEM; 10-K? COMMISSIONER HENNING: Motion to approve. CHAIRMAN COLETTA: We have a motion to approve from Commissioner Henning. COMMISSIONER CARTER: Second. CHAIRMAN COLETTA: And a second from Commissioner Carter. Any discussion or questions? COMMISSIONER COYLE: Yeah. CHAIRMAN COLETTA: Are you all pretty well versed in it? Go ahead, Commissioner Coyle. COMMISSIONER COYLE: I've got $70 million worth of questions. CHAIRMAN COLETTA: One at a time. COMMISSIONER COYLE: Tell me about that. There's something I don't apparently understand here. Have you spent some of this money already? Do you have authorization to spend it or is Page 233 May 28, 2002 this money that's going to be spent in the future? And what is $70 million going to be spent for? MR. WIDES: Commissioner, the short answer is, yes. COMMISSIONER COYLE: Okay. MR. WIDES: But first off, for the record, Tom Wides, Interim Public Utilities Administrator. This is a request for a master resolution being put in front of you for a $70 million loan agreement with the Florida Local Government Finance Commission. In essence, we know when we brought the master plan for water and wastewater in front of the Board. Last November time frame, we, in fact, had a master plan, approximately $427 million worth of expenditures out into the first five years of the plan broken up among water and wastewater projects. And the projects that -- and the way we expect to use these funds, these $70 million -- and I would speak of this as a line of credit as opposed to being a commitment today that we would be taking draws upon, this is a line of credit for $70 million to, in fact, enable us to -- for projects that were either in the master plan or have already been approved by the Board to, in fact, use those funds for the -- what I'll call the relatively short-term financing for these projects during their permitting and their construction stages. Once construction is complete, which you would expect to be a three to five-year time frame, depending on the project, we would roll these funds over into a permanent form of financing through a bond issue. Okay. And again, these funds are for projects that were either part of our master plan or already approved by the Board. And, in fact, before we went out for any individual actual loan agreements under these, under this $70 million line of credit, each and every one of those projects and a separate resolution would be brought before the Board for final approval. So that's the other piece to link this in together. Page 234 May 28, 2002 COMMISSIONER COYLE: Okay. MR. WIDES: But again, in the source of funds and the use of funds, this is for water and sewer projects only, it has -- the funds cannot be used for any other use outside of the water and sewer funds, our projects. And number two, these basically will all be short-term, relatively short-term loans. Okay. And no ad valorem taxes will be used in any way, shape or form to pay back any of these projects. It will be all water and sewer user funds or impact fees that will be paying these loans back. COMMISSIONER COYLE: Okay. So we'll get to see each of these projects when they come forward? MR. WIDES: Yes, sir. COMMISSIONER COYLE: Okay. MR. WIDES: And this is a representative, if I may, this is a representative listing of the projects. This is only approximately, you know, 76 or so million dollars of that 426 million. And we'll try to roll these lines of credit over as new projects come on board for us as we need the funds. The last thing we wish to do right now is go out and borrow funds in advance when we don't need it now. We want the line of credit in place. CHAIRMAN COLETTA: Okay. Any other questions? COMMISSIONER CARTER: I just see this as the financing arm for the 15-year plan that this Board has approved. MR. WIDES: This is, in fact, one of the financing arms. We also have the State Revolving Fund Loans that have a very low interest source too for the longer term funding. CHAIRMAN COLETTA: If there's no other questions, I'll call for the question. All those in favor indicate by saying aye. Aye. COMMISSIONER CARTER: Aye. COMMISSIONER. FIALA: Aye. Page 235 COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? May 28, 2002 The ayes have it 5 to 0. Item # 1 OM COLLIER COUNTY ACCEPTANCE OF APPOINTMENT AS A COURT APPOINTED RECEIVER OVER LEE CYPRESS WATER AND SEWER COOPERATIVE; BLEU WALLACE TO SERVE AS ADMINISTRATOR OF THE RECEIVERSHIP; FUNDING NOT TO EXCEED $30,000 FOR RECEIVERSHIP EXPENSES, ALL TO ASSIST THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION TO EFFECT AN INTERCONNECTION OF THE LEE CYPRESS COOPERATIVE'S SEWER SYSTEM WITH THE CITY OF EVERGLADES SEWER SYSTEM- APPROVED Thank you. MR. WIDES: Thank you. Moving on now to Item - 10M. COMMISSIONER HENNING: Motion to approve. CHAIRMAN COLETTA: Wait. Wait. Slow down. Slow down. We have a speaker. There some things to consider, and I'm looking for your input on this. COMMISSIONER HENNING: Nice fence. Is that the input you want? COMMISSIONER CARTER: Is that your fence? CHAIRMAN COLETTA: No, this is Copeland. We could use a little bit of help. COMMISSIONER FIALA: I went down there after I -- CHAIRMAN COLETTA: Thank you so much, Commissioner Fiala. Page 236 May 28, 2002 COMMISSIONER FIALA: Yeah. My husband and I rode around there for a while. CHAIRMAN COLETTA: Did you buy any property yet? COMMISSIONER FIALA: No. CHAIRMAN COLETTA: It's a wonderful place. Mr. Wallace? MR. WALLACE: Mr. Chairman, for the record, Bleu Wallace. Excuse me, I'm losing my voice. Lee Cypress Cooperative Utility serves some to customers down in Lee Cypress, which is very near Copeland in that area. There is a package sewer plant on-site that the Florida Department of Environmental Protection has been having a lot of problems with over the last ten years or so. They have asked the County to assist them in stepping in and accepting court-appointed receivership. We would be the agent for the Board as receiver in order to allow the City of Everglades engineers to construct an interconnect and get on the property. The coopt folks have not been very cooperative in letting them on the property to effect the interconnect. This is a $1.9 million project that's being funded by grants that were secured by Anchor Engineering, who is the Everglades City's engineering consultant. It's also being funded partially by the City of Naples in lieu of a DEP fine to assist in that construction. Our role would be to oversee, oversee the interconnect. We may not even spend a dollar. But I thought if we needed to spend some administrative dollars, I needed to ask for it now, because I would not have time to run back to the Board. We're prepared to assist the DEP in this effort to get this plant off-line. I do have a couple more pictures I'll show you. This is the sewer plant that serves the 50 to 60 customers. This is the affluent bond. And I'm sorry, the little cheap camera I had didn't pick it up. But that pond is where the treated wastewater goes. And it has a green slime across the top of it. Thank goodness it's fenced. I Page 237 May 28, 2002 understand that Community Development Block Grant Money built the fence a couple of years ago, because it's located right next to a small church and a park. And there were -- I had some complaints that kids were down there swimming in it in 1998. That's the first time I had gone there to look at it. We think that everybody will be better off if this plant is taken off-line. FDEP has already scheduled a hearing before the Circuit Court here in Naples for June the 1 lth, and it will be -- of course, the County Attorney's Office may want to address that hearing that's already been scheduled. And during that proceeding, we anticipate that Collier County, if this Board will accept it, will be Naples named as receiver. Yes, sir? CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: There are 50 people or 50 homes? MR. WALLACE: 50 connections. COMMISSIONER COYLE: 50 connections. MR. WALLACE: Yes, sir. COMMISSIONER COYLE: And I presume it's because this thing isn't working right? MR. WALLACE: That's correct, sir. COMMISSIONER COYLE: And we're going to spend over a million dollars to do that? That's $20,000 per home. We could install septic tanks and drill a well for that price. MR. WALLACE: Sir, we're not spending anything. This is part of the agricultural grant that Everglades City has gotten to install this interconnect and connect it to their sewer system. Collier County is not spending any money at all, unless staff needs to spend some money for administration. COMMISSIONER COYLE: Okay. So the $1,052,400 is not our money? It's somebody else's money? MR. OLLIFF: It is grant money being granted to the City of the Everglades who runs their own utility. Page 238 May 28, 2002 COMMISSIONER COYLE: Okay. But answer the question for me, though, why are we spending so much money to deal with homes? Is there an obligation that we put them on a sewage treatment facility? MR. WALLACE: The problem, sir, is this is turning into a health, safety and welfare issue. The untreated -- or ill-treated wastewater that's going into that pond down there I'm sure has already contaminated some of the ground and eventually will hurt the groundwater. COMMISSIONER COYLE: But can you install septic tanks and wells? Then you don't have a sewage treatment facility at all to have to worry about. Is that an option? MR. WALLACE: Well, you do have the infrastructure for a central sewer system that's already in place. And DEP and the one that came to us and asked us for our assistance, sir, and heading up the receivership. COMMISSIONER COYLE: Okay. MR. OLLIFF: Generally given an option, if there is centralized sewer somewhere within a fairly reasonable, reachable point, DEP's going to require you to try and hook up a central sewer, especially if you're down in this part of the County where you're in what is considered, frankly, some environmentally sensitive land. And they're probably not going to promote septic tanks in the area. COMMISSIONER COYLE: That's really a State policy, Commissioner Coletta, that the more they can eliminate septics in the State, they're making every concerted effort to do that whenever it's feasible to do so. So I think that we would not be taking a wise direction to look at that as an alternative. CHAIRMAN COLETTA: May I suggest that we call up -- well, I'm sorry. You still got your presentation to finish and then. MR. WALLACE: Sir, I'm done. Page 239 May 28, 2002 CHAIRMAN COLETTA: What I'd like to do is call up Jane Bee, who heads up the Lee Cypress Sewer Water District. And she'll give you a little bit more of an overview from the residents down there and the problems that they're encountering. And I need your input to try to make this thing work. MS. BEE: I'm Jane Bee and I'm President of the Lee Cypress Water and Sewer Coopt, which is an owner/user coopt. Every family, every household in town has one share in the coopt. And we have a package water plant, and we have this little package sewer plant. In the early '90's, there was a grant that the County administered through Mr. Greg Mahalik and it was supposed to put in new recovery lines, new distribution lines. They put in the new package plant for the water, and the money for the sewer plant was deleted. It took two years from the time the money was approved until the construction started. Inflation ate up the money. The DEP had ordered us to either come online, get our sewer plant operational or hook up with Everglades City. The agreement that was first discussed between Everglades City and Copeland, Lee Cypress, in front of the DEP was going to be one hook-up at the lift station, going from there to Mayor Hamilton's Subway Shop and from there on down to the sewer plant in Everglades City. That would be one $500 hook up, one $15 a month fee, plus 320 for a thousand gallons of sewage processed. Everglades City changed that to $15 per 50 houses in town, $500 per 50 houses in town, even though there's only one hook-up. We don't forbid them from getting on our property. We just are trying to get a contract that the community can live with. We are one of the poorest communities in the state, let alone in Collier County. Immokalee looks like a resort community compared to Copeland; Page 240 May 28, 2002 granted we only have 72 families, 250 people. But most of them have paid their dues. They're retirees living on $320 a month supplemental Social Security because they never had funds to pay into it to get a return on their money. The younger people are maids or waitresses in the hotel's seasonal work. The men are crabbers and fishermen, seasonal work. We have never asked for charity. We've asked for our fair share. We ask for a working contract with Everglades City. It would cost less than $30,000 to totally upgrade the existing sewer plant. We've done two thirds of it already. We've redone the wiring. We've redone three of the tanks. Two more tanks have developed leaks but their affluent treated water is what goes into the pond anyhow. But they need to be pumped out and resealed. We've replaced blowers. We've replaced the electrical. There is so much that we have done. The -- what was installed under the previous grant was below Collier code where we're supposed to have six-inch pipe, we've got four-inch pipes. Where we're supposed to have four-inch pipes, we have two-inch pipes. The fire hydrants weren't even set in concrete. They were just hooked up to the waterlines. And the first time we had a major fire down there, the fire hydrants blew off the pipes. And the community has done these repairs. We have set the fire hydrants in concrete. Every time the pumps started up at the water plant, the pipes were hooked up Paddy-Wonkus (phonetic) and the pipes blew up. We had to pay $1,000 for a plumber to come in and redo the pipes right there at the water plant. You know, we have tried, and we've tried to work with Everglades City. Every time we've made a counteroffer to their contract offer, they have laughed and thrown it in our faces. I have signed a contract and submitted it to the DEP agreeing to pay for one hook up, which is all they're going to give us at the lift station. Why should we pay 500 for 50 families when they're doing Page 241 May 28, 2002 one hook up? Why should we pay $15 a month for 50 families when there's only one hook up? It should be $15 a month plus 320 for 1,000 gallons of treated sewage. They are trying to get rich off one of the poorest communities in the State. We can't do it. If we are forced to go to that contract that they keep offering us, within six months there will be nobody living in Copeland. Now, that may be what Collier County wants. I don't know. But it's a fact. If they can't pay their water and sewer bill, which they're not going to be able to, it's going to increase from a combined water/sewer bill of $36 a month -- CHAIRMAN COLETTA: Keep going, Jane. MS. BEE: -- an extra 15 per household to pay the sewer, to pay for the extra sewage to Everglades City. Within six months we'll be so far behind that they will put a lien against everybody's home and we will cease to exist. And we have fought this good fight since 1989 when we formed the coopt, every home in town has one share and we're going to die. CHAIRMAN COLETTA: And if I may point out, too, that there is an effort taking place with quite a few people, including the School board, EDC, to try to help Copeland pull itself up by the bootstraps. And without the sewer, we can't come up with a working arrangement with the City of Everglades or come up with some way to make this work. This is going to be economic disaster for the residents there. There's no way they can cope with this kind of cost. Now, I'm opening it up for you for discussion. I'm looking to you for some answers. We'll start with Commissioner Henning and then go to Commissioner Fiala. COMMISSIONER HENNING: We have 50 residents, 50 hook ups that, ma'am, what that would entail, if you have to invest $30,000, that would be $600 per resident or per hook up to improve Page 242 May 28, 2002 your antiquated system, which we don't know if DEP is going to accept it. And it sounds like somehow we need to work the City of Everglades, you know, to look at the moneys that they're getting for the grant and make sure we can get the best deal for the residents in Copeland. They're getting 1.5 million? CHAIRMAN COLETTA: At one time I even asked for some money from our mitigated fines that we got from the Environmental Protection Agency for a sewer plant overrun. But that money went to Port of the Isles -- or not Port of the Isles. MR. OLLIFF: Port au Prince. COMMISSIONER HENNING: Port au Prince. CHAIRMAN COLETTA: Right, Port au Prince. There's answers out there. But I can tell you right now, if we put this burden on Copeland just the way it is and expect them to come up with $30,000, it just won't happen. I think you can say that for yourself. I know right now what your bills are. Trying to collect them are difficult enough. COMMISSIONER HENNING: Um-hum. MS. BEE: We have to have a licensed operator. We have to have the chlorine. We have to have the electricity, the maintenance, the routine maintenance, the meter readers. It's, you know, it's a shoestring operation. But it's worked, and it's kept the water -- the bills down where the people can afford to pay. CHAIRMAN COLETTA: Commissioner Fiala. COMMISSIONER FIALA: Yeah. Thank you. I'm still back at square one. So let me do some catching up. If there's a grant for 1.5 million to connect it to Everglades City, wouldn't that provide hook ups as well? MR. OLLIFF: I don't think the grant covered the connection fees. Just to cut to the quick here a little bit, if you're looking for a recommendation, I think you need to move ahead with the Page 243 May 28, 2002 receivership, simply because it's a health, safety, welfare issue and DEP is going to court. And the way I understand Florida Statute, Counties are, by statute, in the position of having to be the receiver, should it go that far. But I would also ask that the Board direct the staff to go back and meet with not only Ms. Bee and some of the other residents that may be knowledgeable enough from the community of Copeland but to also broker a meeting with the City of Everglades City. And given the current track that we're on, heading down towards a DEP condemnation case on this system, I think, one, investing money in that existing package plan probably isn't something that makes long-term, good sense. Two, knowing that the DEP is probably going to push us towards having centralized sewer, we need to find a way to make it financially work for the people of Copeland, because you've got to recognize that Collier County certainly has no utilities anywhere near that area. So we're not in a position to actually be able to provide any centralized sewer outside of an agreement somehow with Everglades City. And three, just to direct us to go look at what funding options we do have, because it seems like the major hurdle is this $500 per connection charge. That is not an insermountable issue. That is a 28 to $30,000 item. And if push comes to shove through your own utility department, we can make some health, safety and welfare decisions if it comes to that. But my original suggestion would be to look at CDBG funding or some other grant applications that we might be able to look at to cover their connection cost. Now, if the residents down there are already paying somewhere between 35 and $40 a month for their water and sewer, then you've got to assume that the sewer portion of that bill is going to fall off and be replaced then with a $13 a month fee from Everglades City plus the $3, whatever it is, per thousand usage charge. Page 244 May 28, 2002 So hopefully, in terms of the monthly cost, it's going to be a fairly small, if not, you know, unnoticeable increase for the residents of Copeland. And we just need to figure out a way to be able to take care of this connection charge somehow. It's a health, safety and welfare issue, and I think we need to step in and do something to try and broker the best deal that we can for everybody. COMMISSIONER COYLE: Recommend approval. Or do you have - COMMISSIONER HENNING: Yeah. We already have a motion and a second. I think that's great direction. CHAIRMAN COLETTA: That's what I wanted you to understand, what we're up against. I think we're giving direction to staff on this too what to do. COMMISSIONER HENNING: Yes. Most definitely. MR. CHAIRMAN: First thing I'd like to see, I might be able to sit on these meetings if I know all the players. MR. OLLIFF: Absolutely. CHAIRMAN COLETTA: Jane, is there anything else you want to add before I take the vote? MS. BEE: Well, if we can get a contract that we can live with with Everglades City, we would be more than glad to give up our sewer plant, believe me. My husband's been the maintenance man for ten years, and he really would like to retire. CHAIRMAN COLETTA: And I want to mention the fact that Jane is so devoted to her community that she went to work last night at 11:00 o'clock and didn't get offuntil when? MS. BEE: 7:00. CHAIRMAN COLETTA: 7:00. She came straight here, and she's been here all day long. COMMISSIONER FIALA: Oh. CHAIRMAN COLETTA: Thank you for that. MS. BEE: Thank you for letting me speak. Page 245 May 28, 2002 CHAIRMAN COLETTA: And with that I'm going to call -- MR. WEIGEL: Mr. Chairman, I don't believe Ms. Filson and I heard a second. COMMISSIONER HENNING: It was Commissioner Coyle. CHAIRMAN COLETTA: It was Commissioner Coyle. MR. WEIGEL: Okay, great. CHAIRMAN COLETTA: All those in favor indicate by saying aye. Aye. COMMISSIONER CARTER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: The ayes have it 5 to 0. Thank you. MS. BEE: Thank you. Item # 10T LEASE AGREEMENT IN THE ANNUAL AMOUNT OF $301,469 WITH ABBAS AHRABI ASLI FOR OFFICE SPACE TO BE UTILIZED BY THE PROPERTY APPRAISER- APPROVED COMMISSIONER CARTER: Mr. Chairman, with your indulgence. CHAIRMAN COLETTA: Right, if we could. We're going to go to the next Item which would be 10-T, which is originally 16-E6. MR. CAMP: Good afternoon, Commissioners. For the record, Skip Camp, Facilities Management Director. This item is to relocate the property appraiser to property adjoining the County Courthouse Complex. There were some questions? COMMISSIONER COYLE: I had a question primarily. And it's my understanding that I was given some incorrect figures -- Page 246 May 28, 2002 MR. CAMP: That's correct. COMMISSIONER COYLE: -- with respect to appraised value of the buildings. MR. CAMP: That's correct. COMMISSIONER COYLE: I was concerned that we were paying in rent far beyond the value of the building. And I now have additional correct data which indicates that is not the case. MR. CAMP: That's correct. COMMISSIONER COYLE: I'm only concerned about a couple of things. I don't want to -- I know you have a space problem, and I don't want to complicate it or delay the solution. I'd just like to have reassurance that this is the best possible deal we can get. It's the only alternative that presently exists to solve our space problems, and it is in the -- our best interest to proceed with it. MR. CAMP: I think that observation is absolutely correct. COMMISSIONER COYLE: Okay. MR. OLLIFF: I'll also tell you that we sent the property appraiser in first to do some groundwork for us and then to negotiate with the property owner. And goodness gracious, if your property appraiser can't cut a good deal with somebody, then we came in afterwards and beat the property owner up some more after that and got some additional concessions out of them. And I will tell you that I am not a proponent. And if you'll look at the track record of our budget over the last two years, we have made a concerted effort to get out of Lee space and to try and build space that the County owns. In this kind of market, it's going to be the last thing I do to recommend leasing additional office space. But in this particular case, we have beat the bush for the better part of a year and a half trying to come up with a solution. And this is the most cost-effective solution that we have been able to find. Page 247 May 28, 2002 COMMISSIONER COYLE: Okay. Thank you. You've answered my question. COMMISSIONER CARTER: Skip, I pulled that, not because I disagree with what you have to do, but some thoughts to share with the Board because this is an ongoing challenge -- MR. CAMP: Absolutely. COMMISSIONER CARTER: -- that all of us have. And as long as I've been on this Board, and frankly it's been kind of a piecemeal, let's do what we can do every year to try to get through the situation. And it is not really long term going to answer the questions for staff, in my judgement. So I'm going to take the Board back to a model that was done by the Board of Commissioners in about where they established an Economic Development Advisory Committee. This was a citizen- driven committee that began to take a look at that issue for economic development of Collier County. And at the end of that, they came back with proposals that today, that's why you have a public, private partnership with the EDC. What I believe we need to do, in my judgement, is for staff, through directions if the Board desires to do this, is look at what I call a penny for Collier County. And that penny, and I don't know what would be involved in that penny, but you got a road infrastructure out there. You got storm water management. You got County facilities. And there may be other issues that have to be addressed by this community. And in the past we've tried to drive it from government to the community. We've tried referendums and that's failed. I think at this point I would suggest that we use the same model we did with the EDC, get a citizen's group today appointed by the Board of County Commissioners representing all the various interest groups in the County, give them a challenge for a year, 16 months; whatever the Board desires, and come back and ask, what do we need? How much Page 248 May 28, 2002 will it cost? Where can we cap this with the estimates so that we can sunset whatever we do? Jacksonville did this very successfully for two reasons: Everybody had an input on what they wanted. It was capped and they knew what it was going to cost with all the escalators built in. I am suggesting long range to this Board that we begin to look at this for the future. And if we don't, we're going to keep finding out, trying to cut a deal here and there for a lease space or build something here or there. And it's not that we don't have the plans. You have a 20-year plan that was laid out. Nothing wrong with the plan. The problem is implementation. We have a 20-year program for roads, not a problem with the plan. The problem is implementation. So we're scrambling all the time. And the more I thought about this, if Pinellas County could do a penny for Pinellas, why couldn't Collier County do a penny for Collier under the guidance and direction of such a Board established where they interviewed all groups in the community? They get all the data. Staff can provide information. And once they go through this process, through a series of public meetings, and that's a long process, because I served on that EAC, at the end of the day there was a solution. And that solution was a buy-in by the community and the Board because everyone had an input. So I suggest that to the Board as the long-range consideration. CHAIRMAN COLETTA: Would you like to make a motion? COMMISSIONER CARTER: I'll make a motion for approval of Item 16-E6. MR. CAMP: Would you also include in your motion giving staff the ability to get three quotes in lieu of a formal bid in order to save both time and money on this particular project? COMMISSIONER CARTER: Yes, I would. COMMISSIONER FIALA: I'll second. Page 249 May 28, 2002 CHAIRMAN COLETTA: We have a motion from Commissioner Carter and a second from Commissioner Fiala. Any other discussion? All those in favor indicate by saying aye. Aye. COMMISSIONER CARTER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: What do we got here? COMMISSIONER FIALA: Wait a minute, Happy Birthday. MR. OLLIFF: Chairman, I need to point out, we found some historic records that if you'll look closely, I think it will indicate that Mr. Camp was actually here at the founding of Collier County. CHAIRMAN COLETTA: That's correct. MR. OLLIFF: Happy Birthday, Mr. Camp. COMMISSIONER COYLE: He hasn't aged a bit. COMMISSIONER HENNING: You are going to frame that, correct? COMMISSIONER CARTER: Mr. Chairman, do you think there's any interest on the Board looking at this for the possibility -- COMMISSIONER HENNING: Can I think about that? COMMISSIONER CARTER: Hum. COMMISSIONER HENNING: Can I think about that? COMMISSIONER CARTER: Yes, please do. I just don't want to lose the thought. MR. OLLIFF: I think what we need to do is I'm going to put that on our list. I think it makes a great budget discussion item. And when the Board is presented with a number of its capital funding options, the Board can at least look at that as something and decide whether or not it wants to proceed further with that idea. COMMISSIONER CARTER: Fine. Page 250 May 28, 2002 Item #1 ON DEVELOP A TRANSITION PLAN TO PROVIDE FOR THE ORDERIJY TRANSITION TO A NEW COUNTY MANAGER- DEPUTY COUNTY MANAGER MUDD CONFIRMED AS INTERIM COUNTY MANAGER CHAIRMAN COLETTA: Okay. Moving on to 10-N, Transition Plan. You are going to tell us you changed your mind, right? MR. OLLIFF: I could but my wife wouldn't believe it ifI told you that after all that we've made her do so far over the last couple of weeks. Mr. Chairman, I've put together an executive summary that's included in your package that talks about a transition plan. And a couple of just key decisions, sometimes I think communities and Boards can make this a whole lot more difficult -- complicated than it is. This is a selection process pretty much like it is for any other position. There are a couple of key decisions that, I think if you can make those today, it will set us up for the type of process that we need to go through. In essence, I think there are four decisions that we need to cover today. And the first one is whether to use your internal Human Resources Department or to look outside at an external selection firm. I will tell you that the Board used an external selection firm the last time, a firm called Mercer & Associates. And they did a very quick job for the County in terms of generating outside candidates short-listing those for the Board to consider. They actually did some interviews themselves, and then presented a very Page 251 May 28, 2002 qualified short-list for the Board to consider in their final interviews. The pluses and minuses are going either way. I will tell you that your Human Resources Department is capable, but I will tell you they probably have not gone through an executive search like this before. The downside of using your Internal HR Department is that it's expected that the quality of the applicants that you would get probably wouldn't be as great as if you used an outside selection firm simply because your Human Resources Department is going to go through straight and standard advertising and does not have a stable, if you will, or connections of-- with people that they can tap on the shoulder and let them know that there are positions that are available. A lot of the best candidates for positions like this are already working. They are in jobs. And selecting firms have the ability to be able to go out and find those people and bring them to you and generate some interest. COMMISSIONER CARTER: On that issue, right now Regional Planning Consult is going through the same thing. They tried to do it on an advertising kind of basis. They flushed out really stuff that just wasn't there. And so they have now gone to a search firm with a window that says, "Ninety days all applicants," compared with the internal applicant short lists in front of the Regional Planning Council. So I don't like to see a firm get out there and spend months and months and months on this, but you can shorten it up, because you're absolutely right. They know where the people are that you want to consider and they're already working. MR. OLLIFF: The second decision that the Board needs to make is, and my recommendation in that case if it wasn't clear, that I think it is -- I think this County would be better served using an external selection firm. I don't believe it has to be a very expensive Page 252 May 28, 2002 process. I don't think it needs to be anything that's going to cost you even what we've estimated as the high-end in your executive summary, which is, I believe, is $25,000. If I recall, in fact, I was checking with Regional Planning Council staff, I believe their contract for their total search was somewhere in the 15 to $17,000 range. So I think if you look at what I estimated our internal cost would be, the delta difference between your internal cost to go through a selection process and hiring an outside firm is just not that large. If the Board chooses to go the external route, there are two typical processes that would be followed. The first is what I would call your typical consultant selection process, and that would be we have to go through a period where we would actually go through the selection of the selection firm itself. And I would think the quickest that we could possibly get you back a contract with a selection firm would be your meeting of June 25th, which is the last meeting in the month of June. The typical process for a selection firm is then to go out and post ads in national magazines, International City and County Manager's Association, for example, is a publication that a lot of managers of local governments read and they have job postings. The problem with those is, if you'll look there, the lead time for ICMA, for example, is 60 days. So in order to get an advertisement in a magazine like that or a monthly newsletter like that is about 60 days. Once the national publication advertising is done, then you've got an applicant review process by the consultant themself. And I'm estimating that somewhere towards the end of October you've got your consultant going through his own set of interviews and short- listing, getting a short-list to the Board of County Commissioners somewhere in early to mid November, towards the end of November, then having the Board go through its own interviewing selection and negotiating a contract after that so that under the typical scenario my Page 253 May 28, 2002 best guess for you is that you probably would not be able to get a manager in here working until the end of this calendar year or the beginning of 2003, depending on whether he was external and how far away they need to relocate. What I'd suggest to you is I think this County and this Board has too much on its plate to frankly wait that long. I think that kind of a process just is fine if you don't have issues like your rural fringe that's on your plate, your rural land's item that's getting ready to come to you, a commitment on the part of this Board and the staff to go through the Land Development Code and the Growth Management Plan in earnest over the balance of this year. I also think you're getting ready to establish a moratorias on three roadways around this County. And those kind of issues are weighty issues and ones that are difficult to deal with if your staff is in transition and you don't have your manager's position filled. So I would suggest to you that that process is probably one that I wouldn't recommend, even though it's typical only because it would take too long. The option that I would recommend instead then would be an accelerated process where you will continue to go through your consultant selection process. You don't have a choice about that. You simply got to go out and select the best selection firm that you can. That would still be in front of the Board on June 25th. But my suggestion to you then would be that we simply give that consultant some direction that says, "Within a period of 60 days bring back a short-list and bring back a short-list using either e-mail sources, using your own contacts, your own communications outside of some of those national publications and forego the national publication process." I think you might cast a larger net. But in terms of the trade-off of the 60 days that it adds to your process, I'm not sure that it's worth that. Page 254 May 28, 2002 My suggestion would be then that you could probably, with an accelerated process like this, actually at your meeting in August, have interviews and a selection process. And what I'm suggesting as a target is to have somebody on Board by the start of your fiscal year. And so I'm suggesting that by the time you get done with your summer break and you get your budget to hold still using an accelerated process like this, you could actually have a new County Manager on Board to start your fiscal year with. And I think that's a reasonable and good target to try and set for the County. The other thing I'd mention to you is that if there is an opportunity for the Board to have an acting manager appointed and to have any opportunity to actually be able to see an internal candidate, there's a third decision then that needs to be made. Some Boards for some reason want to put a restriction that the person who is appointed as the acting manager is not allowed to apply for the full-time position. I'm not a particular proponent of that restriction. My recommendation is that if you have some qualified or a qualified internal applicant that you are going to appoint as an acting manager, frankly, anytime that you can see somebody in a position, that's a luxury. If you've got the opportunity to actually be able to see somebody perform with the staff that they're going to perform with, doing the job that you're going to ask them to do, I would always take advantage of that kind of an opportunity. So as part of this, my third recommendation would be that you not put that restriction on yourselves and that you allow anyone that's appointed as your acting manager to also be considered as your interim manager. If the Board ends up selecting that person, it is also a much easier transition. But I'm not going to stand here and tell you that there's any bias towards anybody, either internal or external, because I know of a lot of good external candidates that I think would be interested in the position if the Board cast the net out there. Page 255 May 28, 2002 And I think you're going to have a difficult selection process in front of you. And I don't think anybody is a shoe-in for the job. But I do think that if there's an opportunity to look at somebody internally, that's something you ought not to pass up. The fourth thing, and, frankly, this kind of ties in with that one, if you'll notice on these timelines I'm suggesting to you that if you're going to look at an acting manager or you're going to put somebody in place because of the Board's summer vacation schedule and for a number of other reasons, I would suggest to you that appointing someone somewhere in the middle of July makes some sense to me. And it only makes sense because you have one Board meeting July 30th and then you don't have another Board meeting again until the month of August. And I think if the Board is going to have an opportunity to be able to have the acting manager go through an actual Board meeting, putting together an agenda, walking the Board through it, working with the staff that has that Board meeting put together, the July 30th meeting is one, if not your only good opportunity to have that happen. I would be disingenuous if I didn't tell you that selfishly as well I would like to be able to amend my agreement to allow me to transition out of here in 60 days as opposed to what is currently in my agreement. And I think that if you're going to appoint an acting manager, you probably don't want me around. You don't want the old manager hanging around lurking in the hallways while your acting manager gets appointed. And you want him to be able to run it without having to look over his shoulder. So I've got a four-step recommendation in front of you. One is that you use an external selection firm; secondly, that you use that modified process that I suggested to you that would allow you to interview within 60 days; and thirdly, that you not put the restriction on yourself in terms of internal appointments being allowed to apply Page 256 May 28, 2002 for the full-time position; and lastly, that you consider appointing an acting manager in the middle of July and also amending the current agreement that I have with you to transition me out of here at the same time frame. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: How much are you willing to pay to get your term reduced from 90 to 60 days? You don't have to answer that right now. MR. OLLIFF: Thank you. COMMISSIONER COYLE: Just think about it for a while. Do we have to competitively procure the consultant to do this? MR. OLLIFF: You do. But part of the recommendation that I'd make is that you do that through some competitive selection process that we would pare down. And I will work with the Purchasing Department and I think that we can, through a modified selection process, get you there by the end of June. COMMISSIONER COYLE: Do we have an RFP that we have used in the past for this purpose? MR. OLLIFF: We have, and I think it's one where we would just have a very short time period when that RFP was out on the street. We probably faxed it to most of the firms. Because there are, frankly, a handful of firms that do this work, especially those that focus on local government. COMMISSIONER COYLE: Okay. So you could get it out within -- easily within 30 days? MR. OLLIFF: Yes, sir. COMMISSIONER COYLE: Okay. COMMISSIONER CARTER: Mr. Chairman, I would like to recommend to the Board Mr. Olliffs plan that he's outlined for us. I'm not going to reiterate the reasons. It all makes a lot of sense to me so that by October 1 we would have a new County Manager in Page 257 May 28, 2002 place. Particularly, I want to emphasize what Tom said that your interim needs to have the opportunity to apply. I think that's absolutely critical. Thirdly, the search for him, you're right. You got Sabin; you got Mercer. There may be a couple of others that specialize in this. And believe me, they know where the good people are working. And I think we owe it to ourselves and to the community to do this modified search so that at the end of the day, when we make these decisions, no one will say, "Well, you didn't really do this or that." We'll do it all, and then make that decision as a Board of County Commissioners. And who knows, whatever you do, no matter how it's structured, you may flush out some other people along the way that could possibly fill other positions in the County. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Yes. COMMISSIONER CARTER: And that's a motion. COMMISSIONER FIALA: That's a motion? I will second that motion, by the way. And I'm really glad that -- I hope that we appoint a deputy manager right now to be the manager, the interim manager, because he's going to have to carry us through the budget seat. And it's going to have to be somebody that's very familiar with our budget. And then we'll see how he works that budget. But we have a motion on the floor and I've seconded it. I just thought I'd put my two cents forth. CHAIRMAN COLETTA: You often wonder why the windows do not open out. But I like your direction, Commissioners. I think it's clear and concise. Any other comments? Commissioner Henning? COMMISSIONER HENNING: I'm sorry. Go ahead. MR. CHAIRMAN: No, I'm through. I'm giving you the cue. Page 258 May 28, 2002 COMMISSIONER HENNING: We got some public speakers, and I'm dying to hear what their thoughts are. CHAIRMAN COLETTA: Go ahead. MS. FILSON: The first speaker is Phil Jackson and he will be followed by Jack Pointer. MR. JACKSON: Good evening and thank you for the opportunity to address the Board. And my name is Phil Jackson and I represent the DHR International, which is an executive search firm. I want to just spend a minute. Certainly I support the motion that was made so far. I do have something to add in the way of information that would help further speed the process along. COMMISSIONER CARTER: Just before the gentleman starts, may I ask the County Attorney, I believe this may not be appropriate because of the motion and what we're doing? MR. WEIGEL: I don't know what the gentleman is going to say. Obviously, he has a right to public comment. Now, whether that would prejudice his ability to participate in the process, it would be an issue depending on his comments. MR. OLLIFF: My recommendation would be that if the gentleman is interested in the actual contract or the selection that he meet with your purchasing director and not make a presentation to the Board. MR. JACKSON: Okay. Certainly I'll take -- if that's the guidance given, then I'll follow that guidance. I did meet with the procurement organization, and I am a registered supplier as of today. I left some information packets with your secretary. So that information, either you need to return to me if it's not appropriate for you to have it and I'll resubmit through -- although I did leave a full copy with the procurement organization. MR. WEIGEL: And I think for the integrity of the process, I mean, I know this is a well-intentioned speaker. But I think for Page 259 May 28, 2002 purposes of not only actual but perceived integrity of the process, I think it's important that these comments be reconsidered by the speakers to not be made at this time. There will be a forum where he will have that opportunity. MR. OLLIFF: Absolutely. CHAIRMAN COLETTA: And we thank you very much for coming. MR. JACKSON: Okay. Thank you. COMMISSIONER FIALA: Next speaker is Jack Pointer, and he will be followed by Bob Krasowski. MR. POINTER: Good evening, Commissioners. My name is Jack Pointer. I live in North Naples. The single most important job of a manager is to provide for the continuity of management. Manager Tom Olliff, supported by this Board, has provided to this County the single greatest number of potential managers in recent memory. People who are skilled in things like roads, transportation, drinking water, wastewater, solid waste, public safety, personnel, special services; all of those are leaders that we have available to us to continue or to keep the continuity of management going in this particular County. There is no reason at all to spend a nickle outside the cost of running this County to find a replacement for the fine manager that we have at the present time. In Collier County's 75 years of history, the people of Collier County not once went outside the County to provide the Commissioners that are seated where we're seated here and are seated here. The people were able to find its commissioners, its leaders, raised them within the County or they migrated into the County and took up positions of leadership, finally seating themselves here. This particular manager, this particular Commission has provided itself with the finest people that you could possibly ask for in the leadership positions. By promoting from within, you inspire Page 260 May 28, 2002 the people that you have working for you saying, "Hey, we are considered managers and the top people." And it goes all the way down. You move one person up from within to the manager and you're going to move the last person down at the bottom in a promotion. I urge you to find within. We've already got the finest people leading this County. It's difficult to follow Tom Olliff, but it's got to be done and there are people here. Please find them. You've already got them. You have been found by us, the people. We the people expect you to find our manager. Thank you. COMMISSIONER CARTER: Thank you, Jack. That was good. MS. FILSON: The final speaker is Bob Krasowski. MR. KRASOWSKI: Well, how do you follow that? COMMISSIONER COYLE: You can't, Bob. MR. KRASOWSKI: You can't. No, I can't. CHAIRMAN COLETTA: But give it a try. MR. KRASOWSKI: But I'll give my own personal opinion here. I've been here for 23 years. I've seen a lot of managers come and go. And there's been good and bad in all, but I certainly appreciated my experience in relation to Mr. Olliff. You know, he made a comment earlier about firms that are specifically looking into these government positions, filling government positions. But I don't know if that's where we want to concentrate our efforts, because, you know, we're always talking about thinking outside of the box. Well, let's start looking outside of the box for solutions, you know. So I have a suggestion. I do believe there's a lot of talent here, and there are people that could move up. But I support what Mr. Olliff was saying about -- and Commissioner Carter about looking, taking all options, all avenues just for the purpose of getting as much input as you can. Page 261 May 28, 2002 I would suggest one place we might look is the top management at Disney Land. I don't see Collier County as being very different from Disney Land. We have -- where is my -- oh, we have Frontier Land in Golden Gate. We have Tomorrow Land in North Naples, and Fantasy Land in Port Royal. Among other things, we do have what approaches the Epcot Center out in the further reaches where we have people from Haiti, Cuba, Mexico, Central and South America. COMMISSIONER HENNING: I don't think this is really necessary. Do you, Bob? MR. KRASOWSKI: I do, yeah. CHAIRMAN COLETTA: Let him. Go ahead. MR. KR~SOWSKI: And if I could go on without interruption outside of what you would consider as appropriate statements here, whatever I say is appropriate for me. COMMISSIONER HENNING: You mean inappropriate statements. MR. KRASOWSKI: Or inappropriate. COMMISSIONER HENNING: Okay. MR. KRASOWSKI: Appropriate or not. Okay. So what I'm pointing at here, and if we can lift the conceptualization a bit, brainstorm a little bit, not to be stuck in the mud with our thinking, just imagine a monorail that connected the hotels here with the beaches and the upper class shopping districts, a monorail that would go down and up Goodland that would be above and independent of traffic lights and the traffic. Then other connecting monorails that would go east, west; a transportation system that somebody at Disney World would be very familiar with. In the early '90's, I visited Disney World with then Commissioner Tim Constantine. And what we investigated while we were there was the Solid Waste Management -- surprised I'd be aware Page 262 May 28, 2002 of this, right-- System there. And because Disney World can control what comes in, they can keep bad stuff out. And they have an excellent, Commissioner Henning, excellent composting operation there. They compost their horticulture waste and their food waste. And Tim and I stood there, along with a few other people, and the odor was not offensive. It was very earthy, but it wasn't like a landfill odor. And that's because of their anaerobic processing. So I'm trying to be a little -- apply a little levity to the situation. I'm dead serious in suggesting this because the county manager sets the agenda. He can schedule when people appear and when they don't which has an effect on the outcomes of many situations. It's very important that we look around and make sure that we do consider all things and hear from all people, because we are moving into the future and we have to, you know, try to avail whatever opportunities are out there to be progressive. Okay. CHAIRMAN COLETTA: Thank you for that neat approach. Commissioner Coyle? COMMISSIONER COYLE: Before we go too far astray here, I just would like to say to Jack Pointer, thank you very much. There's not many people here in this community who really take the time to understand just what a good staff we have here and to understand what a good job they're doing. And I'm afraid that many of them have a quite different perception. But I sure wish that what you said here today could be broadcast and written in every newspaper in Collier and Lee County, because I think it very correctly sums up my position on this staff here. I would have no problem whatsoever asking Mr. James Mudd if he would be willing to become the County Commissioner-- I mean, the -- maybe a Commissioner, too. COMMISSIONER CARTER: You know what -- CHAIRMAN COLETTA: I love that. COMMISSIONER HENNING: I'll pay this at my -- Page 263 May 28, 2002 COMMISSIONER COYLE: But County Manager. So I would have no problem doing that whatsoever. I feel far more comfortable hiring someone that I have observed in the job than in getting someone from the outside that I don't really know. I've seen too many people come before me with exceptional credentials who turned out to be absolute duds. And I just don't want to get put in that position with the problems we've got facing us today. So I know I don't have enough support, I suspect, on the Board to proceed. But I really would like to promote from within and proceed as you've suggested, Jack, and thank you. COMMISSIONER CARTER: Well, I've never been an advocate of promoting from within. But I've been here long enough and received enough criticism that if I don't do what I propose, then I really don't do justice by a person that we would promote internally. And Tom knows what we went through before, because this is the third County Manager that I'm working with. And I just think it's a good insurance policy. And there's some other benefits that spill out from that. But the other comment that you made, you know, we could clip out what Jack Pointer just said and show this on Channel 1 1 as a separate part. And we need to do more of that where we capsulize some of our discussions and put them out there so you get the news, if you please. You don't have to watch 12 hours of Commission meeting. COMMISSIONER COYLE: I'd support a motion to put it on our channel, run it hours a day for the next two weeks. COMMISSIONER FIALA: And let me just jump in here and say Jack would know because he sits at all of these meetings. He has an agenda. He's not trying to impress anybody, and he's not trying to get anybody in office. He just says it because he's here all the time and he reads everything. Page 264 May 28, 2002 CHAIRMAN COLETTA: And I consider Jack Pointer to be a tremendous asset. I take him with me quite often to different meetings I have, and he contributes quite a bit. Although I do have some reservations about taking a clip and running it, it might be self- serving, I think, in the contents of the meeting or in the agenda issue that it fits in. COMMISSIONER CARTER: Well, we could take Tom's clips how he led us into this and we then can take the quotes from the audience. I mean, you can consolidate what we do on one agenda item just like they do in the newsroom in other news stations. And you can get it down where people get the message but they don't have to listen to all the rhetoric. CHAIRMAN COLETTA: Wouldn't it be neat if we could control the news? COMMISSIONER CARTER: We can. It's our own channel. COMMISSIONER FIALA: I'd like to comment on Commissioner Coyle's comments. I too feel very strongly about Jim. I just feel that he can lead us. I think he's done a great job. Yet, I don't want to in any way take away from all he can be by just shutting the door, because then he might get criticized. I don't think that that's fair. I think that he needs to win out over everybody, because as far as I'm concerned and obviously Commissioner Coyle, he does win out over everybody. But this way the press -- CHAIRMAN COLETTA: It gives you a comparison. COMMISSIONER FIALA: Yes. The press can't say, "We had a closed mind." CHAIRMAN COLETTA: And regardless of what you come up with, whatever process, judging what I've seen in the past, we're still going to get criticized. COMMISSIONER FIALA: Oh, yeah. Page 265 May 28, 2002 CHAIRMAN COLETTA: But that can be accepted as part of the job description that we have. COMMISSIONER FIALA: But I never thought that was part of the job description when I ran. CHAIRMAN COLETTA: They fooled you, didn't they? Let's go to- COMMISSIONER CARTER: Do we need to incorporate in the motion then as a part of that that the Board would like to offer the Interim County Administrator position to Jim Mudd who would take over approximately July 15th if we meet Tom Olliff's schedule? COMMISSIONER FIALA: I'll second that. CHAIRMAN COLETTA: Is that correct, on the 15th? MR. OLLIFF: Yes, sir. In fact, if you're looking to go through those points, I think that you're directing us to go through an accelerated consultant -- selection consultant process. The second thing is that you are, based on your most recent discussion, appointing the Deputy County Manager, James Mudd, to become your acting or Interim County Administrator or County Manager effective July 15th. Lastly, I think, and I would thank you, this is part of that, that you're authorizing the Chairman to sign a contract amendment of mine that would allow the notice period to go from 90 days to the 60 days to the July 15th date. And lastly, I think you'd probably want to include in that motion some direction, because Mr. Mudd, once he becomes your acting or interim manager, is no longer your deputy. And even though it may be a period of time, for his own protection, I would recommend that he have an agreement, an employment agreement with you, even for that brief period of time, that just simply assures him that once the selection process is over with, he's still got a position to be able to go back to even if it's somebody else that's selected. Page 266 May 28, 2002 COMMISSIONER HENNING: Good point. COMMISSIONER CARTER: Excellent point, Tom. I would want to hold his position when we went through this so he's got that option. MR. OLLIFF: Yep. CHAIRMAN COLETTA: Would you incorporate that in your second? COMMISSIONER FIALA: Absolutely. CHAIRMAN COLETTA: Is there any other discussion? Commissioner Henning? COMMISSIONER HENNING: I can't support the motion. And the reason I can't support it is an interim manager that is applying for the position has an unfair advantage over other candidates. We don't know what other internal personnel that might be interested in applying for this job. So it's not fair to the rest of the employees or other candidates. I'm a little bit concerned about the short period of time that we're going to be in the selection process. We have great staff to get us through a difficult-- any difficult situation with Tom Olliff not being here, because he's done a great job of staffing this County with intelligent people. So that's my comments on the motion. CHAIRMAN COLETTA: Any other comments? COMMISSIONER FIALA: Just a question: So if you have a search firm out there and they're e-mailing candidates, they would also let the candidates know we have an interim manager that's available for this job, right? MR. OLLIFF: Absolutely. And anybody worth their salt who's actually making the application, would have known that on their own. They would have searched that out and found out that the deputy was appointed as an interim and has applied. Page 267 May 28, 2002 CHAIRMAN COLETTA: Any other comments or questions? For that I'm going to call for the question. All those in favor of the motion as so stated indicate by saying aye. Aye. COMMISSIONER CARTER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. CHAIRMAN COLETTA: Opposed? COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Okay. We have one descending vote and that's Commissioner Henning. Thank you. MR. OLLIFF: CHAIRMAN, thank you. And just in closing, I'll pass the thanks to Bob, because there are a lot of segways between a County Manager, collection and garbage. And I was just waiting to see where he was going with his, and he took the high road on it. COMMISSIONER FIALA: May I just say that Jim Coletta whispered under his breath, "How are we going to replace him?" So you are truly going to be missed. COMMISSIONER CARTER: He isn't gone yet. We still get to pick on him for a couple more weeks. COMMISSIONER COYLE: Right. We've got 90 days. COMMISSIONER FIALA: I'm already mourning. CHAIRMAN COLETTA: We just gave up. COMMISSIONER COYLE: Did we just give it up? CHAIRMAN COLETTA: We sure did. COMMISSIONER COYLE: I shouldn't have voted for it. MR. OLLIFF: I appreciate it. While I am looking forward to the new challenge, I cannot tell you how much I'll miss this place. It's part of my life and after even 19 years I was very serious in the e- mail that I sent out to the staff that most of the people that I've worked with are not only good friends, but most of them are as close Page 268 May 28, 2002 as extended family. is easy for me either. COMMISSIONER HENNING: strip. MR. OLLIFF: Yes, sir. CHAIRMAN COLETTA: television, Tom. And so it's going to be hard. So don't think this It's only an hour and a half You can always watch us on No, on second thought, you don't want to do that. Item # 10-0 AMENDMENT NO. 3 IN THE AMOUNT OF $535,432.45 TO THE CONTRACT FOR PROFESSIONAL SERVICES AGREEMENT BY AGNOLI, BARBER AND BRUNDAGE, INC., FOR THE DESIGN OF LIVINGSTON ROAD FROM GOLDEN GATE PARKWAY TO PINE RIDGE ROAD; AND THE DESIGN OF LIVINGSTON ROAD FROM PINE RIDGE ROAD TO IMMOKALEE ROAD - APPROVED Okay. Now we're on Item 10-O, which was originally 16-C15; is that correct? MR. WEIGEL: It was 16-B5 Commissioner. CHAIRMAN COLETTA: 16-B5. Okay. Stand corrected. MR. CAMP: Edward Camp, Transportation Operations Director. This will be fairly quick. I believe Commissioner Coyle requested that this be pulled for a brief explanation of what was -- what the substance of the item is. I put on the visualizer a very -- just a strip map showing Livingston Road. It's being zoomed in now to Phase 4, which is the northerly portion. I'd like to move this up a little bit. Phase 3, which is -- that northerly portion, that is being from Immokalee Road north to the County line. Phase 3 being from just north of Pine Ridge Road to Page 269 May 28, 2002 Immokalee Road. Phase two, from Pine Ridge down to Golden Gate. And, of course, Phase 1, the phase which is open and seeing an almost daily increase in use down to Radio Road. This particular agenda item covers Phases 2 and 3. Just as I stated in the agenda item, the divisional contract was signed in 1999. Amendment Number 1, which was in 2000, was an emergency declaration by the Board to extend the limits of the project so we could get it all the way up to Immokalee Road. Amendment Number 2 in 2001 went to give all of Livingston Road a six-lane cross section. And this particular amendment is one, which is in essence, an after-the-fact amendment in that, if you'll remember back about two years ago we had a significant sum of money that FDOT was going to allocate toward the project. At that time all our permits were in place. Our design was underway. And in order to preserve both permitting and the money at the time, this was prior to FDOT's recent determination that we weren't going to get some of that funding, the consultant was authorized by staff to move forward and protect those permits. There was quite a bit of work that was done. I can run down through here. The list starts with everything from additional sound barrier walls to revised additional permitting services. A lot of work was spent in the right- of-way taking process with depositions and hearings. There was an addition for some portion of Orange Blossom Drive so that it would be fully connected up all the way from Goodlette Road through to Livingston Road. There were additional accesses and utilities in North Collier Regional Park. At the point at which we had a 90 percent plan submission it was determined that we had to revise nine intersections because of six-laning. And I could go on and on. But this is for work that was done over about a year and half to two-year period. Page 270 May 28, 2002 CHAIRMAN COLETTA: Ed, so that we don't take up too much time, let me just ask you the questions I have concerning this. MR. CAMP: Certainly. CHAIRMAN COLETTA: associated with this? MR. CAMP: pin down what all almost impossible are going to be up time were, and it's These were unanticipated costs Yes, sir. At the time it was almost impossible to of the Imminent Domain. And this is typical. It's to determine what your Imminent Domain costs front, coupled with the fact that the plans at the leased for Phase 2, almost substantially complete up to about the 90 percent phase. And then when we went back and determined that we were going to use -- go to the six-lane and change the median out so that we get a full 22-foot median; that required a lot of changes in the access management plan. So this was one of these things where we were moving along and all of a sudden there were in-process changes. The good news is that had this been a negotiated change up front, the cost probably would have been higher, because we've been working on estimates. In this case, we were able to go back and require the consultant to prove the time out. And I can say that I'm aware of a number of times when the staff was able to negotiate this fee much more favorably. So this is an unusual situation. I think if we hadn't had the twin prongs of the permitting issues and the money that was hanging out there from FDOT, we may have approached it somewhat differently. But there was a great reluctance, if my memory serves me correctly at the time, to stop the project or to do anything that would hold it up because of that FDOT funding. Unfortunately, as you're aware, that changed rather rapidly right at the end of the job or almost at the end of the job. But by this time we'd already made the commitment. Page 271 May 28, 2002 CHAIRMAN COLETTA: One of the items that's listed here is a survey of FP&L transmission line locations. That can't be unanticipated, I mean, they've been there a long long time, right? Those are the kinds of things that are bothering me a little bit about this and particularly when we're talking about over a half million dollar of change orders. It caused me some concern. MR. CAMP: I'm going to have to defer that. I asked Dan Brundage, who is our consultant on this project, to stick around since I was not directly involved with the contract negotiations. But I'd like Dan to explain that particular item. CHAIRMAN COLETTA: Well, things like archeological investigation and protected species surveys. I mean, you would have had to do that for a two-lane road. Why are you charging again for a four-lane road? And I don't understand those kinds of things. MR. BRUNDAGE: As far as the FP&L survey- COMMISSIONER CARTER: For the record. MR. BRUNDAGE: Oh, I'm sorry. For the record, my name is Dan Brundage. I'm the principal in charge with Agndi, Barber & Brundage for the project. The FP&L costs were associated with when they did their line relocation, they did not take into consideration the drainage system on the project. And we found that at some of the intersections there were conflicts between their locations and the close proximity to some drainage lines. So what we did was go out and survey the exact location of the poles. And then we had to do some modifications while the project was under construction to redesign the drainage system to basically rectify that conflict. With regards to the specie survey and the archaeological studies, those are things you cannot anticipate when you're doing the proposal process. Our subconsultant that put together a proposal for that portion of the work felt like this was an area that was fairly nonimpacted with Page 272 May 28, 2002 pristine wetlands and that type of thing. Plus, they really did not anticipate any type of archaeological sites along the way which would consist of, you know, Indian artifacts and that type of thing. That proved to be the case. But we had to do a study anyway to satisfy some of the permitting agencies that report to the Corps of Engineer. They still insisted on performing those studies. So that's basically where those- COMMISSIONER COYLE: It seems to me that we do that on just about every construction project we proceed with. And it's not really unexpected. MR. BRUNDAGE: Well, you'll do it where you know you're going to have a problem. But on this project, given this close proximity to some of the FP&L lines and previously cleared rights of way and that type of thing, it was really unanticipated. COMMISSIONER COYLE: One last thing, just for clarification, Watermark Communities was going to build a golf cart underpass. MR. BRUNDAGE: That's correct. COMMISSIONER COYLE: It was my understanding that they were going to assume the responsibility for the cost of doing that. MR. BRUNDAGE: That's correct. COMMISSIONER COYLE: And but yet there's a charge in here for coordinating with them and developing revised cross-section sheets, appropriate details and minimize the meeting with etc., etc. If Watermark was going to pay the cost for doing that, why are we having to do all this kind of work? MR. BRUNDAGE: I can't-- well, unfortunately, Commissioner, I don't have any history on that personally. I can only suggest that this is probably very similar to the situation we ran across when Pelican Marsh built the bridge that is -- Goodlette Road Page 273 May 28, 2002 crosses Pelican Marsh Boulevard. They bought and paid for that. That was all their costs. However, there were coordination costs for the County at that time, because we were designing the roadway. Again, I would only suggest that it is a very similar situation, but I have nothing factual at this point to back me up on that, sir. COMMISSIONER COYLE: Okay. MR. BRUNDAGE: Any other questions from the Board? COMMISSIONER COYLE: I just get very worried about a half million dollars in change orders for contracts. MR. BRUNDAGE: I might point out that even with this, the cost of this particular roadway design and the construction costs were significantly less than what we typically find if for no other reason but to thank heaven we weren't working under traffic. You can't imagine how much that increases the cost of construction. COMMISSIONER HENNING: If there's no further questions, I'll entertain a motion. COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER CHAIRMAN COLETTA: Aye. COMMISSIONER HENNING: The motion is 5 to 0. FIALA: Motion to approve. CARTER: Second. HENNING: All in favor? Aye. CARTER: Aye. FIALA: Aye. COYLE: Aye. Any opposed? Any opposed? MR. BRUNDAGE: Thank you, Commissioners. COMMISSIONER HENNING: Thank you. COMMISSIONER CARTER: Commissioner Coyle, I do share your concerns on these. I have for a long time. I don't know what the answer is. But I do hope in the future we can find a better way if Page 274 May 28, 2002 Project Management could tighten this up and deal with these and not have a number like that in front of us. COMMISSIONER COYLE: Yeah. That's very worrisome. Item #10P FEASIBILITY ASSESSMENT AND PRELIMINARY PRESENTATION OF LANDFILL GAS TO ENERGY PROJECT- APPROVED CHAIRMAN COLETTA: Let's move onto the next Item, 16- C15, correct? MR. WEIGEL: Sir, it's 10-P. CHAIRMAN COLETTA: COMMISSIONER FIALA: 10-P. CHAIRMAN COLETTA: P. P. COMMISSIONER FIALA: P. P. CHAIRMAN COLETTA: Got it. Now 10-B. P. P as in Paul. MR. YILMAZ: Good afternoon, Commissioners. For the record, George Yilmaz, your Solid Waste Director. Commissioners, landfill gas to energy project will have three primary objectives this year: One, decrease our air emissions significantly by applying H2S scrubbers and catalytic converters to utilize landfill gas to power one of our water plants; three, provide long-term revenue stream for landfill gas management and control. Having said that, before I take more of your time, we have a brief presentation that we can make. However-- yes, Commissioner? COMMISSIONER COYLE: I asked for this to be pulled. Why don't you just let me ask my question? MR. YILMAZ: Yes, sir. Page 275 May 28, 2002 COMMISSIONER COYLE: And then you can get on with this. Okay. I've got two Items, 16-C 11, which is a Memorandum of Agreement, Memorandum of Understanding with Waste Management; and an Item 16-C 11 that appears to address pretty much the same project. MR. YILMAZ: Yes. COMMISSIONER COYLE: Now, what I find-- what I don't understand is, why are these two separate, and what is the purpose of these two executive summaries? MR. YILMAZ: The executive summary for landfill gas to energy initiatives for us to receive Board authorization to act the way our landfill operation's contract landfill gas to energy project section. The memorandum of understanding is to establish mutual understanding between parties, in this case, Waste Management in Collier County, to, in writing, acknowledge what their responsibilities are so that with that activation each party, not verbally but in writing, understand what that means. COMMISSIONER COYLE: Okay. On one of them you're asking us to give you authority to bring back a negotiated proposal from Waste Management? MR. YILMAZ: Yes, sir. COMMISSIONER COYLE: On the other one you're asking us to authorize you to develop a memorandum of understanding with Waste Management? MR. YILMAZ: Yes. CHAIRMAN COLETTA: Now, what does a memorandum of understanding do that negotiated agreement wouldn't do? MR. MUDD: Commissioner, the memorandum of understanding was something that we did in October, I think it was, George. September or October, we sat down with Waste Management to make sure that we weren't stepping all over their Page 276 May 28, 2002 present contract for the landfill, okay, and dedicated waste streams, okay, that it has some stipulations in there about what stuffs theirs from the franchise that actually collects it. So it was more encompassing to talk about all different kinds of avenues that we could take, may it be recycling, commercial recycling. I mean, we heard Ms. Douglas talk about that a little bit today. We talked about, "What would we do with the gas? Who owns the gas off the landfill?" We talked about, "What happens if we had a compost operation? Who has the -- who owns the yard waste? Who gets the sludge? What stuff could we take in order to do that process? If the County went to some kind of a gasification technology, how would that work in that process?" Because you're talking about dedicated waste streams and how you work through that process. That's what the MOU is all about. We didn't want to have people sit there and start speculating and get into a big, nasty fight about garbage and about the County's future plans. COMMISSIONER COYLE: So the MOU is primarily to lay the groundwork for the negotiated proposal itself?. MR. MUDD: And not only this negotiated proposal, but additional RFP's that we have out on the street right now. COMMISSIONERCOYLE: Okay. Thank you. That answered my question. Thanks. MS. FILSON: Mr. CHAIRMAN, we have two registered speakers. CHAIRMAN COLETTA: Please call them. MS. FILSON: Jack Pointer, and he will be followed by Bob Krasowski. MR. POINTER: Good afternoon, Commissioners. My name is Jack Pointer. I live in North Naples. This item to approve the feasibility assessment and preliminary presentation of landfill gas to Page 277 May 28, 2002 electric energy project is one that I would be concerned with and would like you to be concerned with. I am not saying that it works or it doesn't work, but I would like you to consider these things, that if, in fact, you decide to provide yourselves with gas from the landfill and try to convert that into energy, you have got to make some investment. The probability is that the gas available to you would not exceed the capacity of providing maybe about 40 megawatts of electric- generating capacity. If, in fact, that is the number, then it would cost you approximately $60 million, about a million and a half dollars per megawatt, to install the machinery. Then you've got to put yourself together with the people and a utility to run that. And you set it up probably for a 30-year period. An amount of money is going to be required to run that system and to make it produce electricity for you. It is going to cost you something. Look at how much investment you've got to make versus how can you buy the same power or the same requirements from the present Florida Power & Light that have got their system in operation at the present time. You probably have to look at a 30-year period. The probability is that it's going to be very closely balanced. But when the time comes to get into this a little bit deeper, if this is the way that the County wants to go and the Commission wants to go, fine and dandy. But just be sure that you recognize that invested cost on the part of the County has to be weighed with operating costs on the part of buying power. Thank you, very much. MS. FILSON: Your final speaker, Bob Krasowski. MR. KRASOWSKI: Thank you, Commissioners, Bob Krasowski again, this time with Zero Waste Collier County. I have -- I'm very interested in what Mr. Pointer was saying as well as maybe hearing from Mr. Swartz, from Malcolm Pimie who was about to speak. And I'd love to have the answers to the questions that Mr. Page 278 May 28, 2002 Mudd had brought up as far as his discussion with Waste Management. As I understand it, Waste Management manages the landfill for us, and I don't quite understand how that brings about a situation where they own the gas. You know, I thought we'd own the gas. I know there's a flare out there already and that I believe by putting the energy generator on top of that, we get to some benefit from what's being flared up. I have no idea if Mr. Pointer's numbers were accurate or correct. I saw Mr. Swartz making faces when he mentioned 60 million bucks for the 40 megawatts. So I'd like to know more about it. And then I'd also like, because for years we've been talking about this, A1 Perkins used to come down here and say, "Use the gas. Use the gas." And we're finally getting around to doing it. But he had some very large numbers as far as the value of the gas and how much gas was in there. And yet other people spoke about, "Well, if you tried to manage the gas, it could cause odor problems, you know." So they're all interesting things. But I'd sure like to know and I think this is going to come back before you. Is that true? Is that correct, before any final arrangement is made? Because maybe at that time all these questions will be answered because it's our landfill. It's our gas. And if it is -- if it does have a high value, money value, we should be well on the deal, not just get -- give it up or let it slip away or whatever. So I think we should all 'keep an eye on this. I guess that's it for now. Okay. Unless I can get somebody to explain more about the deal from the consultants. We pay them a lot. Let's get them up here. COMMISSIONER COYLE' When it comes back. COMMISSIONER HENNING: Why don't we do that another time? MR. KRASOWSKI: Later on when this comes back? COMMISSIONER HENNING: Sure. Page 279 May 28, 2002 MR. KRASOWSKI: Okay. Sure. If that's appropriate. CHAIRMAN COLETTA: Okay. We have a motion? COMMISSIONER HENNING: Move to approve. COMMISSIONER CARTER: Second. CHAIRMAN COLETTA: Motion to approve from Commissioner Henning, second by Commissioner Carter. Any discussion? All those in favor indicate by saying aye. Aye. COMMISSIONER CARTER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. Item # 10Q RESOLUTION 2002-257, CHANGES TO THE COUNTY PURCHASING POLICY TO ENHANCE CONTRACT ADMINISTRATION AND MANAGEMENT- ADOPTED CHAIRMAN COLETTA: Okay. Moving back on, 16-E8, which is now what? MR. OLLIFF: 10-Q. CHAIRMAN COLETTA: 10-Q. MR. CARNELL: Good evening, Mr. CHAIRMAN, Steve Carnell, Purchasing General Services Director. We have a four-and- a-half-hour presentation for you ready to go. COMMISSIONER COYLE: Let me just ask you three questions. COMMISSIONER CARTER: I'll nod off for a while. COMMISSIONER FIALA: We needed that little laugh. COMMISSIONER COYLE: Okay. I understand what you've done with reducing it from a standard ten percent to the greater of Page 280 May 28, 2002 $10,000 or ten percent. That makes it more restrictive, right? But under work orders, you provided, "As long as it does not exceed $100,000 or if it does exceed $100,000 it doesn't exceed ten percent." So if I've got a $5 million contract, I'm talking about giving you the permission to make a $500,000 change order approval. And on the one hand, you're making things more restrictive. On the other hand, we're leaving them fairly open-ended. Is there a reason for that? MR. CARNELL: Yes, sir. This is actually in concert with our existing policy with regard to change orders. The Board has amended our policy in February to permit us to authorize change orders at the staff level up to ten percent of existing contract authority. And as you say, for a larger contract, that would mean larger dollars of discretion available. For a smaller contract, obviously, it would be less. What we're attempting to do now is make that consistent for work orders that come from contracts. And then if I can take a moment just briefly to distinguish the difference, a change order is an instrument to an existing contract where we want to modify scope, schedule time, activity, dollars expended, because we want to modify in some way the activities under a contract that is typically project specific. We have a very specific agenda and schedule of work that we're attempting to accomplish. And we want to come back and amend that for one reason or another, increase it or decrease it. A work order is different. A work order is an actual directive to do work under an umbrella or a term agreement that already exists that we have procured competitively but is entered into in a more general way where we don't have a specific list of tasks when we begin. For example, our annual contract for engineers, annual contract for architects, in general, where we have them available to perform services. Page 281 May 28, 2002 And then when we're ready to use them. We issue a work order that tells them to go to do specific tasks and we set forth a schedule and a fee and so forth. And what this is doing, Commissioner, is simply attempting to make clear, and we've never had this clarification in our policy before, that work orders, in effect, have the same limits that change orders do, that there is a ten percent authorization to work within there then which staff can approve work orders. And when I say staff, I don't mean the secretary or the janitor. I'm talking about division administrators would be authorizing these actions. And there are other inherent restrictions as well. For example, budget restrictions, we're not permitted to exceed our budget authority in approving a work order or a change order. And that -- the change order portion is already existing policy in practice. This is just carrying that over to the work order side. COMMISSIONER COYLE: I disagree with you that that's what this does. Okay. I think they're substantially different. The change order -- the contract changes say that you can approve amounts not more than the greater of ten percent or $10,000. Under the work orders, you're saying the higher of $100,000 or ten percent. MR. CARNELL: Well, it's intended to be the greater of in each instance, in both instances. The reason we have that language is that work orders vary in size. We could have a work order for $10,000. We could have a work order for a million dollars. And the reason that we set that forth, we have had -- what we wanted to do was to not create a situation where a $10,000 work order was limited to ten percent. We could only have a $1,000 worth of authorization to adjust it, should the need arise. So what we did, we've written the language in such a way that the smaller work orders, in effect, get an absolute boundary of $10,000 and that the larger work orders then operate under the ten percent provision, that right now is our current practice with change orders. Page 282 May 28, 2002 COMMISSIONER COYLE: Okay. It's getting clear to me. I understand what you've said. I just questioned whether or not ten percent is an appropriate figure if we're talking about multi-million dollar contracts. I don't know. What is your normal practice? MR. OLLIFF: Ten percent. COMMISSIONER COYLE: It's always been ten percent? MR. OLLIFF: Yes, sir. COMMISSIONER COYLE: If you had it less than ten percent, you wouldn't have to go through all this stuff with me every time? MR. CARNELL: No, we'd be seeing you more frequently if it were less than ten percent. COMMISSIONER COYLE: Well, I know. But at least it wouldn't be a surprise. MR. OLLIFF: Okay. It's still worth it. COMMISSIONER COYLE: Is it still worth it? MR. OLLIFF: Yes, sir. And it's worth it in order to make these projects keep moving. And that's one of the changes that we made when we originally came to the Board with an Accelerated Transportation Construction Plan was some expanded change order authority. MR. CARNELL: Commissioner Coyle, or any other member of the Board, I'd be happy to, if you'd like any further explanation in terms of what we're doing at the administrative level with the procedures, I'd be happy to give you some additional information subsequent to the meeting as well. I'd offer that to you if there's anything further I can clarify for you. COMMISSIONER COYLE: Really, my only concern is I see lots and lots and lots of change orders coming through and they're huge amounts of money. And I think there's several of us here who are a little worried about the volume of change orders, particularly Page 283 May 28, 2002 the dollar volume. And somehow we need to get a better handle on those things, either in project management or in approval review. MR. CARNELL: Well, let me address that in that the administrative procedures, we focused in on these thresholds. But there's really much more to this that's happening. This administrative procedure is our first comprehensive attempt as an agency to create a common administrative baseline to how we administer things like change orders and work orders. And when I say administer, I don't just -- that would include the basics such as who approves and what sequence and how we formulate, put them together. But it also includes some baseline for how we analyze and review change orders, the need for them, and trying to provide the staff some common guidance as to when the change order arises or work order adjustment. When the issue question comes up about the need to potentially adjust the scope to have a standard that we can refer to as a starting point for all of our project managers and all of our staff County-wide so that we can begin to raise, if you will, the professionalism further and increase our contract in attracting management ability and hopefully do a better job of some things that you may be concerned about in terms of making sure that we properly audited and reviewed a change order before we approve it and also taking proactive steps to avoid them. COMMISSIONER COYLE: Okay. Thank you. COMMISSIONER CARTER: I think we need a motion here. CHAIRMAN COLETTA: That's what I was waiting to see if Commissioner Coyle had any more questions. COMMISSIONER COYLE: No, I'm sorry. I'm all finished. Thank you. CHAIRMAN COLETTA: I make a motion to approve. COMMISSIONER CARTER: Second. Page 284 May 28, 2002 CHAIRMAN COLETTA: Any other discussion? All those in favor indicate by saying aye. Aye. COMMISSIONER CARTER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COYLE: Opposed? The ayes have it 5 to 0. Thank you. COMMISSIONER HENNING: Thanks for keeping it short, not three hours. CHAIRMAN COLETTA: Hey. COMMISSIONER FIALA: But you had to discard the four- hour message. MR. CARNELL: That will be next time. Item # 1 OR RFP #02-3345, ANNUAL CONTRACT FOR UNDERGROUND UTILITY CONSTRUCTION SERVICES IN THE ESTIMATED AMOUNT OF $6,000,000- APPROVED AS CONTAINED IN THE EXECUTIVE SUMMARY CHAIRMAN COLETTA: Now, it's 10-R, which is formerly 16-El0. MR. OLLIFF: I think if we can go straight to Mr. Coyle. COMMISSIONER COYLE: Yeah. This is another $6 million amount. I just want to make sure that -- MR. OLLIFF: This is actually the same as your annual contracts -- COMMISSIONER COYLE: Okay. Page 285 May 28, 2002 MR. OLLIFF: -- where we have then a series of firms that we can use at guaranteed rates and prices. If for instance we have waterline breaks that, like the project at U.S. 41 and Immokalee Road in the middle of the night, we've got a contract already on-hand that we can pick up the phone, we know what the rates are going to be. COMMISSIONER COYLE: This is not authorization to spend $6 million? MR. OLLIFF: No, sir. COMMISSIONERCOYLE: Okay. Thank you. COMMISSIONER CARTER: Vote for approval. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: Any discussion? COMMISSIONER HENNING: CHAIRMAN COLETTA: Henning. COMMISSIONER HENNING: Yes. All right, Commissioner If I could just say with the new GIS System, hopefully we can not budget this kind of money on that and cut that down, because everything's going to be laid out. MR. OLLIFF: That's our hope, too. CHAIRMAN COLETTA: Good point. MR. OLLIFF: Item 1 OS, Mr. CHAIRMAN, was -EH on your-- CHAIRMAN COLETTA: We didn't get a chance to vote yet. We're moving too quick. All those in favor indicate by saying aye. COMMISSIONER CARTER: Aye. COMMISSIONER COMMISSIONER COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? FIALA: Aye. COYLE: Aye. The ayes have it 5 to 0. Item #1 OS Page 286 May 28, 2002 RFP #02-3359, ANNUAL CONTRACT FOR TELEMETRY SERVICES IN THE ESTIMATED AMOUNT OF $700,000- APPROVED AS CONTAINED IN THE EXECUTIVE SUMMARY Okay. Last item -- well, 10-S, which was originally 16-E 11. MR. CARNELL: I might as well take that as my four-and-a- half hour presentation. This was a recommendation -- this is similar to your utility -- underground utility contract in that we're asking to -- you to award annual contracts for telemetry services. This is simply to get these agreements in place competitively through the competitive process so that we have the ability to obtain these services on a timely and prompt basis from these various firms that we've selected. We have a selection committee that's done the review on the competitive process and recommends award of these contracts. I'll be happy to answer any questions. CHAIRMAN COLETTA: Any questions? COMMISSIONER COYLE: The expenditures will come back to us for approval on this one? MR. CARNELL: The contract calls for work orders of, I believe, it's $200,000 or more will come back to the Board for approval. Work orders below that will be approved at the staff level provided that there is sufficient funding and sufficient budget in the project. COMMISSIONER FIALA: Vote for approval. CHAIRMAN COLETTA: Second. We have a motion from Commissioner Fiala, a second from Commissioner Coletta. With approval, any discussion? All those in favor indicate by saying aye. Aye. COMMISSIONER CARTER: Aye. COMMISSIONER FIALA: Aye. Page 287 May 28, 2002 COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: The ayes have it 5 to 0. Let's go on to the County Attorney's report. MR. YILMAZ: No, sir. Thank you. CHAIRMAN COLETTA: Mr.-- COMMISSIONER COYLE: Good move. CHAIRMAN COLETTA: Are you sure? COMMISSIONER COYLE: Good move. CHAIRMAN COLETTA: Mr. Olliff? MR. OLLIFF: Think of it, sir, at 7:25, good County Managers keep their mouths shut. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS CHAIRMAN COLETTA: Let's start with Commissioner Henning and see if there's any closing comments. COMMISSIONER HENNING: Yes, I think it's public comment and public petitions. Today I looked at it, we spent an hour and a half by the time we gave out the awards and everything else. And what I have been noticing over the last few meetings is, we'll have some people come in and punch and jab and then leave and kind of setting the stage for the meeting. And I don't know how the rest of you would feel about taking that item and moving it after the County Manager's report. COMMISSIONER FIALA: Oh, I kind of like that idea. COMMISSIONER CARTER: Oh, I like it, Commissioner Henning. You know, we moved that to accommodate the public, Page 288 May 28, 2002 because a lot of people waited around to make some comments and I think often meaningful comments. Today I'm finding it's becoming an opportunity to, you know, whatever you did -- you had for breakfast didn't agree and you're going to come in here and you're going to do whatever you're going to do. I'd rather move it down on the agenda. Let's get some of the other business taken care of. It does not preclude them from having the opportunity to come and speak to us. But frankly, I think it's getting abused. COMMISSIONER HENNING: And if you take look at it, there's more people waiting for their item to come up. We had one of our advisory Board members sitting here for all morning long, then had to go to work. I mean, he just -- you know, there was enough of it that he just had to go to work. And I really felt bad about that. So maybe we can do a time certain for that. But you see, those are the kind of things that we need to try to avoid to accommodate the masse. So thank you. CHAIRMAN COLETTA: You want to make that in the form of a motion? COMMISSIONER HENNING: Can we do that now or do we need to bring it back or just give you guidance to rearrange the agenda? MR. OLLIFF: That's all it would take. CHAIRMAN COLETTA: Okay. COMMISSIONER CARTER: Good. CHAIRMAN COLETTA: All in favor. Just nod your heads, I guess. COMMISSIONER COYLE: I think it's a good idea. I just have one question: Do you think there's any benefit to trying to make it a time certain either right before or after lunch? Page 289 May 28, 2002 COMMISSIONER FIALA: I think the easy thing about it is you can just tune in the TV and see how far we are in the agenda and know when you have to come down. COMMISSIONER HENNING: Right. It has the agenda -- COMMISSIONER FIALA: They don't even have to wait then. CHAIRMAN COLETTA: And not only that, but we still allow people to speak on every single item that comes before us. Okay. I think you have sufficient direction from that. MR. OLLIFF: Yes, sir. CHAIRMAN COLETTA: anything else? Commissioner Henning, do you have COMMISSIONER HENNING: It's a pleasure to be here with yOU. CHAIRMAN COLETTA: It's been a pleasure to be here with you, too, sir. Commissioner Coyle? COMMISSIONER COYLE: And I've really enjoyed it, too. CHAIRMAN COLETTA: I have never had so much fun in my whole life. Commissioner Fiala? COMMISSIONER FIALA: You guys are punchy already. Good night, everyone. COMMISSIONER CARTER: I think this Board is sick. I just want to thank this Board for the proclamation today. And the water symposium is very generous. I dearly appreciate that. And, Corrunissioner Henning, excellent letter to the editor on this subject. I can't thank you enough for the recognition. It's been my pleasure as always to serve. COMMISSIONER FIALA: And I just have to add, I heard that you were there all the time at that symposium, you and your wife -- COMMISSIONER CARTER: Yes, ma'am. Page 290 May 28, 2002 COMMISSIONER FIALA: -- guiding that thing through. And, I mean, that's speaking -- speaking of dedication, we are really proud that you were there on the forefront for us. COMMISSIONER CARTER: Well, by attending, I learned a lot. I think I got my money's worth. COMMISSIONER COYLE: Not only that, he gets free water for a year. COMMISSIONER CARTER: No. I have to compete for that. CHAIRMAN COLETTA: Okay. COMMISSIONER HENNING: Commissioner Carter, you deserve everything that you got on the organization of that symposium and sticking with it and for the betterment of the community. So thank you. COMMISSIONER CARTER: Thank you. And tomorrow morning at 10:00, that will be part of an announcement I make. We're going to move further with that through a State effort. CHAIRMAN COLETTA: Fine. With that, we're adjourned. Thereupon, (Requested transcription of tapes completed.) **** 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 EXECUTIVE RELEASE OF CODE ENFORCEMENT LIEN ESTABLISHED IN COLLIER COUNTY V. WILLIAM H. TOST, II AND BETTY TOST-IN THE AMOUNT OF $3,300 Item # 16A2 Page 291 May 28, 2002 RESOLUTION 2002-228 EXTENDING THE TERM OF THE WORKFORCE HOUSING ADVISORY COMMITTEE Item # 16A3 RESOLUTIONS 2002-229 & 2002-230, PROVIDING FOR THE ASSESSMENT OF LIENS FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCES Item #16A4 RESOLUTIONS 2002-231 THROUGH 2002-237, PROVIDING FOR THE ASSESSMENT OF LIENS FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCES Item # 16A5 -Continued to July 30, 2002 PROPOSAL TO IMPOSE A TEMPORARY MORATORIUM ON PROJECTS IN THE WHIPPOORWILL AREA (BOUNDED ON THE NORTH BY PINE RIDGE ROAD, ON THE SOUTH BY THE WYNDEMERE SUBDIVISION, ON THE EAST BY 1-75, AND ON THE WEST BY PROPOSED LIVINGSTON ROAD) UNTIL SUCH TIME AS A MASTER PLAN SHOWING PROPOSED INFRASTRUCTURE IMPROVEMENTS, INCLUDING AT A MINIMUM, POTABLE WATER DISTRIBUTION, SANITARY SEWAGE COLLECTION, STORMWATER MANAGEMENT, AND ROADS, HAS BEEN ACCEPTED BY THE COLLIER COUNTY COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION. (JOSEPH K. SCHMITT, ADMINISTRATOR, COMMUNITY DEVELOPMENT) Item # 16B 1 Page 292 May 28, 2002 BUDGET AMENDMENT NO. 2 IN THE AMOUNT OF $44,629.25 TO WOODS HOLE GROUP FOR THE HALDEMAN CREEK BASIN RESTORATION (AKA DREDGING) PROJECT, CONTRACT NO. 01-3216, PROJECT NO. 31011 Item gl 6B2 BUDGET AMENDMENT, TRANSFERRING FUNDS FROM CAPITAL IMPROVEMENTS GENERAL OF THE IMMOKALEE BEAUTIFICATION FUND 156 IN THE AMOUNT OF $150,000.00 TO THE IMMOKALEE NORTH TRIANGLE BEAUTIFICATION PROJECT #66071 Item #16B3 BUDGET AMENDMENT, TRANSFERRING FUNDS FROM CAPITAL IMPROVEMENTS GENERAL OF THE IMMOKALEE BEAUTIFICATION FUND 156 IN THE AMOUNT OF $87,370.00 TO THE IMMOKALEE MAIN STREET BEAUTIFICATION (SR 29) PROJECT #66073 Item #16B4 BUDGET AMENDMENT AND CHANGE ORDER NUMBER 2 FOR THE 13TM STREET SW BRIDGE DESIGN- BUILD CONSTRUCTION CONTRACT NO. 01-3223, PROJECT NO. 60012, PURCHASE ORDER NO. 204298, FOR $15,856.00 Item #16B5 - Moved to Item #100 Item # 16B6 Page 293 May 28, 2002 WARRANTY DEED FOR ROAD RIGHT-OF-WAY IN ACCORDANCE WITH THE TERRAFINA PUD DEVELOPMENT COMMITMENT AND QUITCLAIM TO THE OWNERS ANY INTEREST THE COUNTY MAY HAVE IN A 60 FOOT STRIP OF LAND ALONG THE SOUTH BOUNDARY OF THE WEST HALF OF THE TERRAFINA PUD Item #16B7 TWO (2) ROAD IMPACT FEE REFUND REQUESTS TOTALING $144,090.00 Item #16B8 RESOLUTION 2002-238 ESTABLISHING A "NO PARKING" ZONE ALONG CRESCENT LAKE DRIVE AS PLATTED IN CRESCENT LAKE SUBDIVISION, PLAT BOOK 13, PAGE 65-67 FROM ITS INTERSECTION WITH AIRPORT ROAD TO ITS INTERSECTION WITH CAMPBELL CIRCLE. APPROXIMATELY EIGHT SIGNS WILL BE NEEDED AT A COST OF $100 EACH FOR A TOTAL OF $800 Item # 16C 1 THE PURCHASE OF SOLE SOURCE CARTRIDGE FILTERS FROM GEORGE S. EDWARDS CO., INC., IN THE AMOUNT OF $51,488.50. THIS IS A RELIABILITY UPGRADE (SPARE PARTS) AT THE NORTH WATER PLANT Item #16C2 - Deleted Page 294 May 28, 2002 RFP 02-3339 FOR CONSTRUCTION AND DEMOLITION WASTE ARTIFICIAL REEF RECYCLING Item #16C3 RESOLUTION 2002-239 APPROVING THE SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE BEEN PAID IN FULL FOR THE 1991 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENT Item #16C4 RESOLUTION 2002-240 APPROVING THE SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE BEEN PAID IN FULL FOR THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS Item # 16C5 RESOLUTION 2002-241 APPROVING THE SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE BEEN PAID IN FULL FOR THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS Item # 16C6 RESOLUTION 2002-242 APPROVING THE SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE BEEN PAID IN FULL FOR THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS Page 295 May 28, 2002 Item #16C7 RESOLUTION 2002-243 APPROVING THE SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE BEEN PAID IN FULL FOR THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS Item # 16C8 RESOLUTION 2002-244 APPROVING THE SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE BEEN PAID IN FULL FOR THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS Item #16C9 SATISFACTION OF LIEN DOCUMENTS FOR THE ABATEMENT OF NUISANCES Item # 16C 10 AWARD A CONTRACT TO DOUGLAS N. HIGGINS, INC., FOR PORT-AU-PRINCE UTILITY REPLACEMENT, PROJECT 70060 AND 70074, BID 02-3367, IN THE AMOUNT OF $985,620 Item # 16C 11 AUTHORIZE COUNTY MANAGER TO NEGOTIATE AND EXECUTE THE FIRST MEMORANDUM OF UNDERSTANDING WITH WASTE MANAGEMENT INC. OF FLORIDA, PURSUANT TO THE LANDFILL Page 296 OPERATIONS AGREEMENT May 28, 2002 Item #16C12 AUTHORIZE EARLY PAYOFF AMOUNT OF $113,541.31 OF THE GOODLAND WATER DISTRICT $468,500 WATER REVENUE BOND, SERIES B Item #16C 13 AWARD BID #02-3375 TO THERMO ELEMENTAL IN THE AMOUNT OF $124,776, FOR THE PURCHASE OF A QUADRUPOLE INDUCTIVELY COUPLED PLASMA MASS SPECTROMETER (ICP-MS) Item # 16C 14 CONVEY A UTILITY EASEMENT FROM COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT FOR CONSTRUCTION AND MAINTENANCE OF UTILITY FACILITIES AT A COST NOT TO EXCEED $100.00, PUED PROJECT 70054 Item # 16C15 - Moved to Item #10P Item # 16D 1 RESOLUTION 2002-245 APPROVING A REAL ESTATE EXCHANGE AND PURCHASE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE Page 297 May 28, 2002 DISTRICT SCHOOL BOARD OF COLLIER COUNTY THAT WILL NET $92,067 IN REVENUE Item # 16D2 BUDGET AMENDMENT RECOGNIZING $2,000 REVENUE FROM A DONATION FOR A MEMORIAL BENCH AT VANDERBILT BEACH ACCESS Item #16D3 THE RENEWAL OF CONTRACT #97-2646 TIGERTAIL BEACH FOOD AND BEVERAGE CONCESSION WITH COOL CONCESSIONS, INC Item # 16D4 AWARD OF BID #02-3335 IN THE AMOUNT OF $98,500 FOR CLEAN UP AND MONITORING AT CAXAMBAS PARK TO ENVIROTAC LTD Item #16D5 A LIMITED USE LICENSE AGREEMENT IN THE AMOUNT OF $25,000 BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE NAPLES JUNIOR CHAMBER OF COMMERCE, INC., APPROVING THE USE OF SPECIFIED COUNTY-OWNED PROPERTY FOR CONDUCTING A JULY 4TM FIREWORKS FESTIVAL-TO BE HELD AT SUGDEN REGIONAL PARK Item # 16D6 A GRANT AGREEMENT IN THE AMOUNT OF $20,000 BETWEEN THE UNIVERSITY EXTENSION Page 298 May 28, 2002 OFFICE/COLLIER BOARD OF COUNTY COMMISSIONERS AND THE EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA FOR THE PURPOSE OF PROVIDING HOMEOWNER EDUCATIONAL PROGRAMMING IN IMMOKALEE Item #16D7 WORK ORDER #PBS-02-06 FOR AARON LUTZ NEIGHBORHOOD PARK FOR LABOR AND MATERIAL FOR INSTALLATION OF EXISTING SHELTERS, INSTALLING NEW CONCRETE SIDEWALKS, INSTALLING NEW BAHIA SOD AND TENNIS COURTS RECONDITIONING IN THE AMOUNT OF $67,375.00 FOR PROFESSIONAL BUILDING SYSTEMS INC Item # 16D8 AWARD OF BID #02-3384 TO G.A. FOODS IN THE AMOUNT OF $200,000.00 TO PREPARE THE FOOD FOR THE SUMMER FOOD SERVICE GRANT PROGRAM WHILE SUMMER SCHOOL IS NOT IN SESSION Item # 16D9 AUTHORIZE FUNDS NOT TO EXCEED $10,000 TO APPRAISE PROPERTY TO BE POTENTIALLY UTILIZED FOR STORMWATER/PARK PURPOSES OFF OF BAYSHORE DRIVE WITHIN THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AREA Item # 16E 1 Page 299 May 28, 2002 THE PURCHASE OF 26 PANASONIC TOUGHBOOK WIRELESS LAPTOP COMPUTERS FROM COMARK GOVERNMENT AND EDUCATION SALES COMPANY UTILIZING THE U.S. COMMUNITIES GOVERNMENT PURCHASING ALLIANCE MASTER AGREEMENT IN THE AMOUNT OF $119,288 Item #16E2 AWARD RFP 02-3342 ANALYTICAL LABORATORY SERVICES FOR COLLIER COUNTY TO US BIOSYSTEMS AND SEVERN TRENT SERVICES FOR AN ESTIMATED ANNUAL AMOUNT OF $80,000 Item #16E3 BUDGET AMENDMENT TOTALING $179,700 FOR THE EMERGENCY REPLACEMENT OF A 250-TON CHILLER AT THE COUNTY JAIL Item # 16E4 BUDGET AMENDMENT FOR EMERGENCY REPAIRS AND UNANTICIPATED BUILDING MAINTENANCE EXPENDITURES TOTALING $287,000 Item #16E5 BUDGET AMENDMENT TO FUND 516, PROPERTY AND CASUALTY INSURANCE TO FUND CLAIMS, REINSURANCE AND PROFESSIONAL SERVICES FOR THE REMAINDER OF FY02 Item # 16E6 - Moved to Item gl 0T Page 300 May 28, 2002 Item #16E7 AWARD OF RFP #02-3353 TO MGT OF AMERICA FOR THE REVISION OF HUMAN RESOURCES PRACTICES AND PROCEDURES Item #16E8 - Moved to Item #10Q Item #16E9 LEASE AGREEMENT WITH GERALD T. AND CATHERINE L. BERRY FOR OFFICE SPACE LOCATED AT COURT PLAZA III AT AN ANNUAL COST OF $44,804 Item # 16E 10 - Moved to Item #1 OR Item #16E 11 - Moved to Item #1 OS Item #16E12 CONTRACT FOR ARCHITECTURAL SERVICES FOR PROGRAMMING AND DESIGN OF THE GREY OAKS PUBLIC SAFETY FACILITY, RFP #02-3326, IN THE AMOUNT OF $74,188.33-TO BARANY, SCHMITT, SUMMERS, WEAVER AND PARTNERS, INC. Item # 16G 1 BUDGET AMENDMENT REPORT- BUDGET AMENDMENT #02-335 (1981 WATER MANAGEMENT CIP (FUND 325) STORMWATER MANAGEMENT) Item # 16G2 PRESENTATION OF THE ENVIRONMENTAL ADVISORY COUNCIL'S ANNUAL REPORT Page 301 May 28, 2002 Item #16H 1 - Deleted IMMOKALEE REGIONAL AIRPORT EXTENSION OF TEMPORARY USE PERMIT FOR IMMOKALEE REGIONAL RACEWAY Item # 1611 COMMISSIONER JIM COLETTA'S REQUEST FOR APPROVAL FOR REIMBURSEMENT OF PAYMENT TO ATTEND THE WATER SYMPOSIUM CELEBRATION AWARDS BANQUET-IN THE AMOUNT OF $50.00 Item # 16J 1 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 302 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE May 28, 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 April 27, 2002 through May 3, 2002. 2. Disbursements for May 4, 2002 through May 10, 2002. Districts: Flow Way Community Development District - Ordinance 02-09; District Map; Ordinance 190. Minutes: 1. Collier County Planning Commission - Agenda for September 19, 2001. Ochopee Fire Control District Advisory Board - Meeting Minutes for October 1st, 2001. AG£~DA ITEM - NO .._~ I A¥ 2 tl 20O2 H:Data/Format May 28, 2002 Item #16K1 RESOLUTION 2002-246 AUTHORIZING SPRINT TELEPHONE COMPANY OF FLORIDA TO PARTIALLY FUND THE COST OF MAINTAINING THE ENHANCED 911 EMERGENCY TELEPHONE SYSTEM Item # 16K2 A DETERMINATION OF WHETHER THE PURCHASES OF GOODS AND SERVICES DOCUMENTED IN THE DETAILED REPORT OF OPEN PURCHASE ORDERS SERVE A VALID PUBLIC PURPOSE AND AUTHORIZE THE EXPENDITURE OF COUNTY FUNDS TO SATISFY SAID PURCHASES Item # 16L 1 THE AGREED ORDER AWARDING EXPERT FEES AS TO PARCEL 10 lB IN THE LAWSUIT ENTITLED COLLIER COUNTY V. dOSE L. REY, ETAL, CASE NO. 99-3683-CA (GOLDEN GATE BOULEVARD, PROJECT NO. 63041)- STAFF TO DEPOSIT $5,200 INTO THE REGISTRY OF THE COURT Item #16L2 RESOLUTION 2002-247 AUTHORIZING THE HOUSING FINANCE AUTHORITY TO RE-ISSUE AN EXISTING ISSUE OF MULTI-FAMILY HOUSING REVENUE BONDS TO BE USED TO FINANCE THE RIVER REACH APARTMENTS PROJECT Item # 16L3 Page 303 May 28, 2002 STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION OF PARCEL 361 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. TONY GUARINO, IIL ET AL, (GOLDEN GATE BOULEVARD PROJECT, PROJECT NO. 63041)-STAFF TO DEPOSIT $4,000 INTO THE REGISTRY OF COURT Item # 17A RESOLUTION 2002-248 RE: PETITION SNR-2002 AR-2138, ROBERT B. LEMEUR, REPRESENTING BRIAN SELIGMAN, REQUESTING A STREET NAME CHANGE FROM PUT-IN-BAY COURT TO TROPICAL BAY COURT, LOCATED IN WATERWAYS OF NAPLES, UNIT 7, IN SECTION 14, TOWNSHIP 48 SOUTH, RANGE 27 EAST Item # 17B ORDINANCE 2002-26 RE: PETITION RZ-01-AR-1353, MR. TERRANCE KEPPLE OF KEPPLE ENGINEERING, INC., REQUESTING A REZONE FROM "A" RURAL AGRICULTURAL TO "C-5" HEAVY COMMERCIAL DISTRICT ALLOWING COMMERCIAL AND RETAIL USES FOR PROPERTY LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD (CR 951), AND APPROXIMATELY ONE-QUARTER MILE NORTH OF RATTLESNAKE-HAMMOCK ROAD (CR 864) IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 4.71 ACRES MORE OR LESS Item # 17C Page 304 May 28, 2002 RESOLUTION 2002-249 RE: PETITION AVPLAT2002- AR1969 TO DISCLAIM, RENOUNCE, AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN THE DRAINAGE AND MAINTENANCE ACCESS EASEMENT LOCATED ON ALL OF TRACT V, ACCORDING TO THE PLAT OF "SWEETWATER BAY II- UNIT 1", AS RECORDED IN PLAT BOOK 26, PAGES 96 THROUGH 98, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTIONS 9 AND 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST Item # 17D RESOLUTION 2002-250 RE: PETITION AVPLAT2001- AR1587 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN THE 10 FOOT WIDE LAKE MAINTENANCE EASEMENT AND THE 10 FOOT WIDE UTILITY EASEMENT LOCATED ALONG THE REAR OF LOTS 12 AND 13, ACCORDING TO THE PLAT OF "TERRANOVA OF PELICAN MARSH UNIT ONE" AS RECORDED IN PLAT BOOK 34, PAGES 61 THROUGH 62, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 25 EAST There being no further business for the good of the County, the meeting was adjourned by order of the Chair- Time 7:00 p.m. Page 305 May 28, 2002 BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL JAME~ COLETTA, ~HAIRMAN ATTEST: DWIGHT E. BROCK, CLERK STATE OF FLORIDA ) COUNTY OF COLLIER I, Brenda Grimes, Court Reporter, do hereby certify that the foregoing proceedings were taken by audiotape at the date and place as stated in the caption. Page 306