Loading...
BCC Minutes 09/24/2002 RSeptember 24, 2002 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING Naples, Florida, September 24, 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 boards(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, 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: Ramiro Manalich, Chief AssistantCountyAttorney David Weigel, County Attorney Marjorie Student, Assistant County Attorney Jim Mudd, County Manager Leo E. Ochs, Jr., Deputy County Manager Page 1 September 24, 2002 Sue Filson, Executive Management BOCC Norman Feder, Transportation Administrator Marla Ramsey, Parks and Recreation Director Jim DeLony, Utilities Division Administrator Skip Camp, Facilities Management Director Gregg Strakaluse, Director of Engineering Construction Management, Transportation Division Pam Lulich, Landscape Operations Manager Bob Herrington, MTO Manager Laurel Land, Project Manager CUTR David Week, Comprehensive Planning Staff Page 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA September 24, 2002 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA 1TEM 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 September 24, 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, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Rabbi Howard Greenstein, Jewish Congregation of Marco Island e AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) e SERVICE AWARDS Ae Be Ce De Sue Getter, Solid Waste - 20 Years James Thomas, Parks and Recreation - 25 Years Judith Marks, Social Services- 25 Years Patricia Cookson, Utility Billing - 30 Years e PROCLAMATIONS Ae Proclamation for Child Safety Month. To be accepted by Amy Hendrickson, Event Chairwoman for Collier County Child Safety Fair. Be Proclamation to recognize John Dmry, Executive Director of the Collier County Airport Authority, for his outstanding service. Ce Proclamation for Financial Planning Week to be accepted by Suzanne Low, President of the Financial Planning Association of Southwest Florida. 2 September 24, 2002 e e e ge e PRESENTATIONS PUBLIC PETITIONS A. This item continued from the September 10, 2002 BCC Meeting. Public Petition request to discuss reassessment of Impact Fees on the Homewood Residence. B. Public Petition request by David P. Barker representing Bentley Village regarding Impact Fee Assessment. C. Public Petition request by Pastor J. David Mallory regarding an Impact Fee Deferral. D. Public Petition request by Taylor Ives for a Waiver of Fees for one dedicated EMS Unit during the Franklin Templeton Shootout. E. Public Petition request by Ellin Goetz to discuss draft-implementing ordinance for the Greenspace Referendum. BOARD OF ZONING APPEALS ADVERTISED PUBLIC HEARINGS A. Amendment to the Emergency Management Ordinance expanding the succession of authority to include all County Commissioners, the Clerk of Courts and the Deputy County Manager. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Environmental Advisory Council. B. Appointment of member to the Public Vehicle Advisory Board. C. Appointment of members to the Emergency Medical Services Advisory Council. D. Appointment of member to the Vanderbilt Beach Beautification MSTU Advisory Committee. 3 September 24, 2002 10. Ee Discussion regarding amendments to Resolution No. 94-136 establishing guidelines for receiving recommendations for appointment of members to advisory committees and Quasi-Judicial Boards. F. Appointment of member to the Education Facilities Authority. G. Appointment of member to the Industrial Development Authority. COUNTY MANAGER'S REPORT Ae Adopt a Resolution authorizing the Acquisition by Condemnation of Non- Exclusive, Perpetual Utility Interests by Easement for the construction of a force main and pump stations required for the Collier County Water-Sewer District's Santa Barbara Sewer Force Main Interconnect Project between the North and South Wastewater Collection Systems, Projects 73076, 73132, 73150, and 73151, at a cost not to exceed $670,012. (Jim DeLony, Administrator, Public Utilities) Be Presentation of options regarding a building (American Legion Hall) on the South Immokalee Neighborhood Park property with associated costs ranging from none to $37,000. (John Dunnuck, Administrator, Public Services) Co Request Board provide staff with direction in regard to adding maintenance of Devonshire Boulevard to the Radio Road Beautification MSTU responsibility at an estimated cost of $40,000 annually. (Norman Feder, Administrator, Transportation) Status report for the Board's review of the Interchange Enhancement recommendations requested by the Golden Gate/I-75 Ad Hoc Beautification Committee. (Norman Feder, Administrator, Transportation) Ee Approve an Addendum to the Landscaping Installation and Maintenance Highway Agreement in the amount $288,000, with the Florida Department of Transportation (FDOT) within the Unincorporated Area of Collier County, Florida; authorizing the Chairman to expand the boundaries of the existing US 41 North Phase I Agreement to Vanderbilt Beach Road. The County's cost for annual maintenance is estimated to be $105,000. (Norman Feder, Administrator, Transportation) 4 September 24, 2002 11. Fe Ge He Je Ke te Approve amended median landscaping agreement between Collier County and the Vineyards Development Corporation in the amount of $35,000.00. (Norman Feder, Administrator, Transportation) Status Report to the Board reviewing past Board direction in regard to the Beautification of the Livingston Road Corridor. (Norman Feder, Administrator, Transportation) Award a Construction Contract in the amount of $18,899,386.08 to Better Roads Inc., and allocate $900,000.00 (5% of the construction cost) for contingency purposes to construct the proposed Livingston Road Phase III Project, from Pine Ridge Road to Immokalee Road, Project No. 62071. (Norman Feder, Administrator, Transportation) Adopt a Resolution authorizing the Acquisition by Gift or Purchase of right- of-way in fee simple title, as well as perpetual, non-exclusive road right-of- way, drainage and/or utility easements, and temporary driveway restoration easements, and temporary construction easements, which will be required for the construction of roadway, drainage and utility improvements for the Immokalee Road six-laning project from US 41 to 1-75 (Project No. 66042). Fiscal Impact: $9,880,700. (Norman Feder, Administrator, Transportation) Approve Annual Rate Resolution to set Landfill Tipping Fees, Transfer/Recycling Center Fees, Residential Annual Assessments and Commercial Waste Collection Fees for FY2002/2003. (Jim DeLony, Administrator, Public Utilities) Award Bid #02-3415 to Lodge Construction, Inc., for the construction of the Golden Gate Community Center Annex at a cost of $2,311,117.00. (John Dunnuck, Administrator, Public Services) Approval of a Project Budget Amendment for $357,000 and approval to Award Bid #02-3377 in the amount of $2,529,376 for a Construction Contract with Brooks and Freund, LLC, for construction of the North Naples Government Services Center. (Jo-Anne Leamer, Administrator, Administrative Services) PUBLIC COMMENTS ON GENERAL TOPICS 5 September 24, 2002 12. 13. COUNTY ATTORNEY'S REPORT OTHER CONSTITUTIONAL OFFICERS 14. 15. AIRPORT AUTHORITY 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. Ae COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Approval of First Amendment to Lease between CPOC Realty, L.L.C. and Collier County for the continued use of office space for the Financial Administration and Housing Department at an annual rental amount of $44,636.88. 2) Approve Fourth Amendment to 2002 Tourism Agreement with Kelley Swofford Roy, Inc., extending expiration date from September 30, 2002 to January 31, 2003 to allow FY02 Advertising/Promotion Funds to be expended in FY03, as recommended by the Tourist Development Council. 3) Approval of Budget Amendment transferring $3,608.04 from Tourist Development Fund 194 to Utility Regulation Fund 669 for reimbursement of FY01/02 Expenditures made by Utility Regulation, which were dedicated to the tourism effort, as recommended by the Tourist Development Council. 4) Approval of Budget Amendment transferring $20,000 from Tourist Development Fund 194 to Utility Regulation Fund 669 for reimbursement of Utility Regulation staff time dedicated to the 6 September 24, 2002 5) 6) 7) 8) 9) 10) tourism effort, as recommended by the Tourist Development Council. Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2001-075 styled Board of County Commissioners Collier County, Florida vs. Charles Hitchcock, Inc., McAlpine Briarwood, Inc., and Charles Hitchcock (Briarwood Golf and Practice Center) regarding violation to Section 3.3.11 of Ordinance 91-102, the Collier County Land Development Code. Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2001-037 styled Board of County Commissioners Collier County, Florida vs. Enrique Iglesias regarding violation of Sections 3.9.3 of Ordinance No. 91-102, as amended of the Collier County Land Development Code. Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2001-379 styled Board of County Commissioners Collier County, Florida vs. Charles and Joan Humphries regarding violation of Ordinance No. 99-51 of the Collier County Land Development Code. Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2002-005 styled Board of County Commissioners Collier County, Florida vs. Quail Crossing Property Owners Association regarding violation to Ordinance No. 91-102, as amended of the Collier County Land Development Code. Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2001-061 styled Board of County Commissioners Collier County, Florida vs. A.L. Dougherty Co., Inc. regarding violation to Ordinance No. 91-102, as amended of the Collier County Land Development Code and violation to Ordinance No. 99-51, of the Collier County Litter and Weed Ordinance. Waive purchasing policy and approve limited engagement of McLaughlin Tourism Management to assist staff in development of the FY03 Advertising/Promotion Plan and facilitating a joint workshop to establish goals and priorities of the Tourism Marketing Program, not to exceed $30,000, as recommended by the Tourist 7 September 24, 2002 11) 12) 13) 14) 16) 17) 18) Development Council. Approve amended 2002 Tourism Agreement between Collier County and the Naples Botanical Garden, extending expiration date from September 30, 2002 to September 30, 2003, to allow FY02 Special Museum Grant Funds to be expended in FY03, as recommended by the Tourist Development Council. Status Report to the Board of County Commissioners on the work plan and schedule for preparation of an Interlocal Agreement with the Collier County School Board for coordinated land use and school planning as required by Chapter 2002-296 Laws of Florida. Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 1999-069 styled Board of County Commissioners Collier County, Florida vs. Dale Horbal and Cheryl Horbal regarding violation of Section 3.9.6.6.6 of Ordinance No. 91-102, as amended of the Collier County Land Development Code. Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2001-023 styled Board of County Commissioners Collier County, Florida vs. Terry Arce regarding violation of Sections 3.9.3 of Ordinances No. 91-102, as amended of the Collier County Land Development Code. Approve 2003 Tourism Agreement with Marco Island Historical Society for Tourist Development Special Museum Grant of $25,000. Code Enforcement Lien Resolution approvals. Final acceptance of Water Utility Facilities for Hawthorne Suites. Petition AVESMT2001-AR659 to disclaim, renounce and vacate the County's and the Public's interest in a drainage easement conveyed to Collier County by separate instrument and recorded in Official Record Book 805, Pages 755 through 757, and to accept a drainage easement as a relocation easement, located in Section 27, Township 48 South, Range 25 East, Collier County, Florida. 8 September 24, 2002 19) Approval of an Impact Fee Refund (double-payment) request totaling $40,945.75. TRANSPORTATION SERVICES 1) Approve County Incentive Grant Program (CIGP) amendment extension for Livingston Road from Golden Gate Parkway to Pine Ridge Road (FM#410003 1 54 01) Project #60071. 2) Approve Work Order for $1,265,384.22 for the construction engineering and inspections services by PBS&J, Inc. for Goodlette- Frank Road (Pine Ridge Road to Vanderbilt Beach Road) four and six lane improvements, Project No. 60134. 3) This item has been deleted. 4) Recommendation to approve the purchase of one (1) tractor with boom mower attachment from Alamo Sales Corporation in accordance with State Bid Contract #765-900-02-01 in the amount of $80,703.00. s) Approve Work Order for $1,601,472.25 for the construction engineering and inspections services by Johnson Engineering, Inc. for Immokalee road "Milestone 1 & 2" (Wilson Boulevard to 43rd Avenue N.E.) four lane improvements, Project No. 60018. 6) This item has been deleted. 7) Approval Bid #02-3416, Immokalee Beautification MSTU/MSTD Roadway Grounds Maintenance in the amount of $154,839 to Commercial Land Maintenance Inc. 8) Approve an Easement Agreement and accept a Drainage Easement to acquire a 60 x 150 foot parcel of land in the Naples Gateway Estates Subdivision at a cost of $800.00 for the Lely Area Stormwater Improvement Project which is located within the East Naples Area (Project No. 31101). 9) Approve a Contract Amendment to the Agreement between the Board of County Commissioners and APAC-Florida, Inc., to provide for a September 24, 2002 10) 11) 12) 13) 14) 15) 16) 17) warranty bond and inspection for any needed pipe replacement and repair on Golden Gate Boulevard, Project No. 63041. Adopt a Resolution authorizing the Acquisition by Gift or Purchase of Fee Simple Interests required for a Storm Water Treatment Pond which will be required for the construction of roadway improvements along 13th Street Southwest from Golden Gate Boulevard South to 16th Avenue SW (Project No. 69068). Fiscal Impact: $130,000. Request for approval of payment of all travel expenses for persons representing the MPO Board and Advisory Committees in the amount of $8,000.00. Approval of Purchase Order Modification with McGee and Associates for US 41 North Phase I Landscape Services in the amount of $5,730.00. Approve Work Order No. BRC-FT-02-03 with Better Roads Inc. for median improvements in the amount of $113,075.55 on Davis Boulevard between Commercial Drive and Pine Street, Project No. 60016. Accept a Right-of-Entry granted from Naples Botanical Garden Inc., for permission to enter upon property located adjacent to and including Lake Kelly for the purpose of allowing Road Maintenance Department Staff to maintain the vegetation by application of State Certified Herbicides. Approval of the FY2002 Transit Development Plan Update, which was conducted by the Center for Urban Transportation Research (CUTR) at the total cost of $80,000. Approve change order with APAC, Inc. for roadway improvements on the North 11th Street Extension Project at the Intersection of State Road 29 in the amount of $31,733.60, Project #62021. A Resolution of the Collier County Board of County Commissioners requesting the inclusion of 1-75, State Road 29 and the Immokalee Airport in the State of Florida Strategic Intermodal System. 10 September 24, 2002 Ce PUBLIC UTILITIES 1) 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 1993 Solid Waste Collection and Disposal Services Special Assessment. Fiscal Impact is $ ! 2.00 to record the Lien. 2) 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 $18.00 to record the Liens. 3) 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 Collection and Disposal Services Special Assessments. Fiscal Impact is $52.50 to record the Liens. 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 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact is $58.50 to record the Liens. 5) Authorization to execute and record Satisfactions for certain Water and/or Sewer Impact Fee Payment Agreements. Fiscal Impact is $34.50 to record the Satisfactions. 6) 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 $132.00 to record the Liens. 7) Waive Purchasing Policy Threshold for Formal Competition and approve a Purchase Order Modification for the adjustment of water and sewer valves related to the widening of U.S. 41 from Rattlesnake Hammock Road to Barefoot Williams Road, Projects 70045 and 11 September 24, 2002 8) 73045, in the amount of $9,859.00. Recommendation that the Board of County Commissioners approve a Budget Amendment transferring funds from Mandatory Trash Collection Fund (473) Reserves for payment to haulers for the Solid Waste Mandatory Collection Program. Total funds needed from Reserves are $93,200. PUBLIC SERVICES 1) Approval of an Agreement for Fiscal Year 2002-2003 funding contribution to the David Lawrence Mental Health Center, Inc., at a cost of $926,100.00. 2) Approval of the annual contract between Collier County and the State of Florida Department of Health for Operation of the Collier County Health Department at an FY03 cost to the County of $1,343,200.00. 3) Authorize Budget Amendment to transfer $200,000 from the Golden Gate Community Center to Parks Capital Projects for the Community Center's share of the Construction Costs of the new Annex Building. 4) This item has been deleted. 5) Renewal of an Agreement for joint use of facilities with St. John Neumann High School. 6) Approve modification to the Caxambas Park submerged land lease with the State of Florida Department of Environmental Protection at an additional annual cost of $150.00. 7) Award of Bid #02-3407 to Primary and Secondary Vendors for purchase and delivery of fertilizer at a projected cost of $200,000. ADMINISTRATIVE SERVICES 1) To Award Bid #02-3409 for purchase and delivery of concrete and metal culvert pipe at an annual cost of $35,000. 12 September 24, 2002 FJ 2) 3) Approval of an Amendment to the contract between Collier County and Insurance and Risk Management Services Inc., for the placement of National Flood Insurance and Builder's Risk Insurance Policies. Approval of a Budget Amendment to the Group Health and Life Plan in the amount of $1,249,900 to fund claims payments through September 30, 2002. 4) Recommendation to adopt the 2003 Fiscal Year Pay and Classification Plan, Pursuant to § 125.74 (1) (H), Fla. Stat. s) Recommendation that the Board of County Commissioners award Bid #02-3372 for Full Service Auctioneer Agreement. 6) Award Contracts #01-3290 "Fixed Term Professional Engineering Services" to the following firms: Q. Grady Minor, Hole Montes. (Estimated Annual Amount $1,000,000) EMERGENCY SERVICES 1) Recognize and appropriate $11,648 of unanticipated revenue from a communications tower lease, and approve the required Budget Amendment. 2) Approve an Amendment to the Contract between the Collier County Board of County Commissioners and the Southwest Florida Professional Firefighters and Paramedics, Local 1826 IAFF for providing Healthcare Benefits to EMS Part-Time Employees, Funds are available in Fund 490; Emergency Medical Services and were approved by the Board of County Commissioners for the FY02 Budget. 3) Accept an Agreement and adopt a Resolution authorizing Collier County, Florida to accept $105,806 from the Florida Department of Community Affairs for Emergency Management Program Enhancement. 4) Approve a Transportation Service Agreement between NCH Healthcare System Inc., and Collier County for a dedicated Interfacility Transport Ambulance at no cost to the County. September 24, 2002 COUNTY MANAGER 1) To adopt a Resolution approving amendments (appropriating grants, donations, contributions, or insurance proceeds) to the Fiscal Year 2001-02 Adopted Budget. He Je ge AIRPORT AUTHORITY 1) Approve a request to reclass uncollectible accounts receivable incurred by the Airport Authority in the amount of $7,704.07. 2) Approve the Transfer of $78,800 from the General Fund (001) to the Collier County Airport Authority Fund (495) to offset shortfalls in Airport Revenue. BOARD OF COUNTY COMMISSIONERS 1) Commissioner request for approval for payment to attend function serving a valid public purpose. (Commissioner Fiala) 2) Commissioner request for approval for payment to attend function serving a valid public purpose. (Commissioner Carter) MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Items to File for Record as Directed. OTHER CONSTITUTIONAL OFFICERS 1) This item has been deleted. 2) Authorize a Budget Amendment funding projected personal services shortage in Court Administration in the amount of $98,400. 3) To amend the current contract with KPMG LLP for auditing services to include Government Accounting Standards Board, Statement No. 34, "The New Government Reporting Model" which is mandated for 14 September 24, 2002 4) 5) 6) the Fiscal Cycle ending September 30, 2002. Recommend that the Board of County Commissioners serve as the Local Coordinating Unit of Government in the Florida Department of Law Enforcement's Edward Byme Memorial State and Local Law Enforcement Assistance Formula Grant, approve the Sheriff's Office Grant Application, authorize acceptance of the Grant Award, and approve associated Budget Amendments. To approve Budget Amendments to recognize additional Fiscal Year 2002 Revenue in the Confiscated Trust Fund (602). 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. Open Purchase Order Report is on display in the County Manager's Office, 2nd Floor, W. Harmon Turner Building, 3301 E. Tamiami Trail, Naples, FL. Le COUNTY ATTORNEY 1) Approval of the Stipulated Final Judgment relative to the Easement Acquisition of Parcel 175C in the Lawsuit entitled Collier County v. Michael S. Combs, et al, (Immokalee Phase 1 Project). 2) Request by the Collier County Industrial Development Authority for approval of a resolution authorizing the Authority to issue revenue bonds to be used to finance health care facilities for NCH Healthcare System, Inc. 3) Approve the Stipulated Final Judgment relative to the Acquisition of Parcel 209 in the Lawsuit entitled Collier County v. Armando A. Lambert, et al., (Immokalee Phase 1 Project). 4) Recommendation that the Board of County Commissioners approve and ratify the retention of Nichols Hospitality Consulting, Inc., and Jan L. Nichols as Consultants or Experts on Hotel Issues in Aquaport v. Collier County, Case No. 2:01-CV-341-FTM-29DNF, now pending in the United States District Court for the Middle District of Florida 15 September 24, 2002 17. and authorize the Chairman to sign any necessary retention documents. s) Recommendation that the Board approve a continuing Retention Agreement for Legal Services on an "As Needed" basis with the Law Firm of Carlton, Fields, Ward, Emmanuel, Smith and Cutler, P.A. to meet County Purchasing Policy Contract Update Requirements. 6) Direct Office of County Attorney to prepare an Amendment to Ordinance 99-85 (codified at §. 126-2, Collier County Code of Laws and Ordinances) IMPLEMENTING THE RECENTLY ENACTED PROVISIONS OF §. 196.075, FLA. STAT. (Additional Homestead Exemption for Persons 65 and Older). 7) Resolution regarding disposition of mediation funds in accordance with the requests of the State Comptroller's Office and the Chief Judge of the Twentieth Judicial Court. 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 To adopt a Resolution approving amendments to the Fiscal Year 2001-02 Adopted Budget. Be THIS ITEM IS BEING CONTINUED INDEFINITELY. A Resolution to approve the expansion of the Geographic Boundaries of the Collier County Water-Sewer District to incorporate areas within the Rural Fringe 16 September 24, 2002 Ce Amendment Area. CUE-2002-AR-2088, Thomas Hawkins requesting a one-year extension of an approved Conditional Use for an assisted living facility located at 2101 County Barn Road, in Section and Township 52 South, Range 26 East, Collier County, Florida, consisting of approximately 9.63 acres. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 17 September 24, 2002 September 24, 2002 CHAIRMAN COLETTA: Please take your seats. Would you all stand for the invocation by the Rabbi Howard Greenstein from the Jewish Congregation of Marco Island. Thereupon, (Prayer was given, followed by the Pledge of Allegiance.) Item #2A REGULAR, SUMMARY, AND CONSENT AGENDA- APPROVED AND/OR ADOPTED WITH CHANGES CHAIRMAN COLETTA: Good morning. Good morning. Let's start off with Mr. Mudd. Any agenda changes from your end first? MR. MUDD: Yes, sir. Good morning. The first item is we're going to continue Item 8A to October 8th, 2002. And the reason -- and that was to expand the Emergency Management Ordinance succession of authority. We had a little problem with advertisement. So we'll get that right and it will be on October 8th. The next item is Item 10C to heard time certain for 3:00 p.m. And this has to do with the item of Maintenance for the Devonshire Boulevard Landscaping. Again, that's 10C time certain at 3 p.m. The next item is to continue Item 1 OF to October 8th. And what happened last night, we had some contract modifications at the last minute. And it was unfair to the Board to have to go through that process and so there's no urgency so we'll continue it until October 8th. Next item is to continue Item 16A-15 to October 8th. And that has to do with the Tourist Agreement with the Marco Island Historical Society. And that's at Staffs request. We're going to move Item 16B-11 to Item 1 OM. And that's a request for approval of payment of all travel expenses for persons representing the MPO Page 3 September 24, 2002 Board and Advisory Committee in the amount of $8,000. And that had several Commissioners' concerns. And Commissioner Coyle asked for it to be pulled. With that item on 16B-11, I'd like to read into record that the approval of all reference travel expenses shall be consistent with the Florida Statutes of 112.061, just as a point of clarification. Next item is to move Item 16B-15 to 1 ON. That's the approval of the FY2002 Transit Development Plan and for a total cost of $80,000 and that's at Staffs request. And hopefully the last item is item-- is to continue 16B-16 to October 8th. And that had to do with the road improvements on North 1 lth Street Extension Project. And that had to do with the utility process, and maybe Roberts Ranch wanted utilities. So we thought it would be better to pull it to make sure that that contract had that in there if that was indeed the case and the wishes of the taxpayers. Of note on 16A-19, and this is a point of clarification, your notes basically say that that return, and that's on the attachment to your sheet right here, in your notes it says that the refund, which was a double payment for -- this particular community, was $40,000. We went over the numbers and the vouchers and the checks that they paid us and it's $60,255.79. And I thought we better itemize that for you as a point of clarification and read it into the record so the refund to that particular development would be $60,255.97 instead of the $40,000 that was so specified in the agenda. And last but not least, Item 16B-13, just a appoint of clarification, there's -- and it wasn't clear in the write-up, and Commissioner Fiala asked if we could mention this, FDOT will reimburse the County for $182,885 in that particular contract. The bid for construction came in at $113,000. There's some CEI things that will work through that process. But understand the reason that it was $182,000 is that's what we voucher and bill the state that they reimburse us for. And that's all I have,' Commission. Page 4 September 24, 2002 CHAIRMAN COLETTA: Thank you, Mr. Mudd. We'll start with Commissioner Carter to see if there's any changes on the consent agenda or the Summary Agenda and also in declarations on the Summary Agenda. COMMISSIONER CARTER: None whatsoever. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: No. They've taken care of this. That was one thing I wanted to clarify. Another one I wanted to clarify was the travel expenses as long as it was Statute 112, and that's taken care of. And also I wanted to pull the Marco Island Historical Society, and that's been taken care of. And I don't have any declarations. Thank you. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENN1NG: No, sir. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: Everything I wanted pulled has been pulled. CHAIRMAN COLETTA: And I wanted to compliment Staff for working so closely with us on the agenda so that we could get the questions answered in advance. Thank you for that. Is there any speakers on the Consent Agenda or Summary Agenda. MS. FILSON: No, sir? CHAIRMAN COLETTA: Okay. Do I hear a motion for approval? COMMISSIONER CARTER: I move for approval. COMMISSIONER FIALA: I second. MR. MANALICH: Mr. Chairman, just one comment for clarification before you proceed. On Item 8E, that will be advertised, and if the advertising time frame is allowed, then it would be heard as Mr. Mudd said on October 8. Secondly, that on 17C, as a matter for the Board of Zoning Appeals, I think you've made disclosures. In Page 5 September 24, 2002 regard to that, you will be, in fact, approving that as the Board of Zoning Appeals and not as the County Commissioner. That's all. CHAIRMAN COLETTA: Thank you. We have a motion from Commissioner Carter and a second from Commissioner Fiala. Is there any discussion? All those in favor indicate by saying aye. Aye. COMMISSIONER CARTER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. Page 6 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING September 24~ 2002 CONTINUE ITEM 8A TO OCTOBER 8, 2002 BCC MEETING: Amendment to the Emergency Management Ordinance expanding the succession of authority to include all County Commissioners, the Clerk of Courts and the Deputy County Manager. (Staff request.) ITEM 10C TO BE HEARD AT 3:00 P.M. Request Board provide staff with direction in regard to adding maintenance of Devonshire Boulevard to the Radio Road Beautification MSTU responsibility at an estimated cost of $40,000 annually. (Commissioner Henning request) CONTINUE ITEM 10F TO OCTOBER 8, 2002 BCC MEETING: Approve amended median landscaping agreement between Collier County and the Vineyards Development Corporation in the amount of $35,000. (Staff request.) CONTINUE ITEM 16(A)15 TO OCTOBER 8, 2002 BCC MEETING: Approve 2003 Tourism Agreement with Marco Island Historical Society for Tourist Development Special Museum Grant of $25,000. (Staff request.) MOVE ITEM 16(B)11 TO 10(M): Request for approval of payment of all travel expenses for persons representing the MPO Board and Advisory Committee in the amount of $8,000.00. (Commissioner Coyle request) MOVE ITEM 16(B)15 TO 10(N): Approval of the FY2002 Transit Development Plan Update, which was conducted by the Center for Urban Transportation Research (CUTR) at the total cost of $80,000. (Staff request.) CONTINUE ITEM 16(B)16 TO OCTOBER 8, 2002 BCC MEETING: Approve change order with APAC, Inc. for roadway improvements on the North 11th Street Extension Project at the Intersection of State Road 29 in the amount of $31,733.60, Project #62021. (Staff's request) Note to Item 16(A)19: See Attached. **Note to Item 16 (B)11: Approval of all referenced travel expenses shall be consistent with Florida Statutes 112.061 AGENDA ITEM NO. 16A19: IMPACT FEES FOR 8-UNIT CONDO & 8-BAY GARAGE Permits Issued 8~30~02 to Pristine Homes, Inc. (DBA Sherwood Communities, Inc.) Parks EMS Fire Correctional Facilities Library Road [Dist. 6 (GG Ests)] Educational Facilities Water Sewer $6,566.72 $744.00 $1,933.23 $943.84 $1,712.00 $12,096.00 $6,616.00 $14,420.00 $15,224.00 Total: $60,255.79 Corrections: 1. Total amount of refund changed from $40,945.75 to $60,255.79. 2. Entity to receive refund is Sherwood Communities, Inc, not Pristine Homes, Inc. 3. Water/Sewer refunds to be paid from Water/Sewer Impact Fee Funds (411/413); remainder to be paid from Impact Fee Escrow Trust Fund (675) September 24, 2002 Items #3A, #3B, #3C, #3D SERVICE AWARDS - PRESENTED CHAIRMAN COLETTA: Moving right onto -- COMMISSIONER HENNING: Service awards. CHAIRMAN COLETTA: -- service awards. I believe we're going to do that upfront. MR. MUDD: Yes, sir. CHAIRMAN COLETTA: You want to join me, please. MR. MUDD: Mr. Chairman, Commissioners, it's indeed an honor today that we have -- we have three distinguished employees that are going to receive awards today. The first recipient is a 20- year -- is a 20-year award, and that will go to Sue Getter from Solid Waste. If Sue could come forward. The next recipient is a 25-year attendee and that's Jim Thomas from Parks and Recreation. Mr. Chairman, our last recipient is a 30-year awardee and that goes to Patricia Cookson. That ends the award ceremony for today, sir. CHAIRMAN COLETTA: Commission Henning? COMMISSIONER HENNING: Yes, sir. CHAIRMAN COLETTA: You have a proclamation. Item #4A PROCLAMATION DESIGNATING OCTOBER 5TM, 2002 AS COLLIER CHILD SAFETY DAY- ADOPTED COMMISSIONER HENNING: Yes, I do. And this proclamation is Child Safety Day. Do we have some children here to accept this proclamation? You want to come upfront and stand in front of the dais. Why they're heading up, I'll go ahead and start. Page 7 September 24, 2002 Whereas, October 5th, 2002, is declared by Collier County as Collier Children Safety Day. Whereas, unintentionally -- unintentional injuries are the leading cause of death among children ages one through 17 in Collier County. And whereas, in 1998 motor vehicle collision was the leading cause of death due to unintentional injuries among children less than 17 years of age, and nationally six out of ten children in crashes are totally unrestrained. And whereas, for the period of 1997 through 1999, the average number of years of potential life loss due to injuries for children age one through 14 is 435 years per annum. And whereas, the majority of unintentional injuries are preventable. And whereas, one of the most effective steps parents, caregivers and teachers can take for safeguarding the health and the well-being of Collier County children is to establish a pattern of safety habits for children. And whereas, hundreds of children could be saved each year from death and serious injuries if the Collier County community takes steps to make safety a priority. And whereas, children, parents and community leaders are joined together nationwide to address children safety in their community. Now therefore be it proclaimed by the Board of Commissions of Collier County, Florida, that the 5th day of October, 2002, be designated as Children Safety Day 2002 and urging all community members to take advantage of opportunities to learn about safety prevention at the first annual Collier County Safety Children Fair at the Veterans Park, done in this order the 24th day of September, 2002, and signed by our Chairman. Mr. Chairman, I make a motion we approve this proclamation. COMMISSIONER FIALA: And I second that. CHAIRMAN COLETTA: A motion by Commissioner Henning a second by Commissioner Fiala. All those in favor indicate by saying aye. Aye. COMMISSIONER CARTER: Aye. Page 8 September 24, 2002 COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: The ayes have it 5 to 0. Before anyone leaves, we're going to get a photo opportunity. So I'm going to ask you to stay in place and look at the lady there that's going to be taking the picture, the one that's waving right now. Commissioners, concentrate. COMMISSIONER CARTER: They're doing better than we are. COMMISSIONER FIALA: This little one is hiding behind her flower. You want to take another -- there you go. CHAIRMAN COLETTA: And is there someone from your group who would like to say a couple of words. MS. HENDRICKSON: Yeah, I will. In acceptance of this proclamation, the children of Ann Phillip Preschool have been selected to represent the children of Collier County. The question's been delivered throughout the community, what can be more important? And today the Board of County Commissioners have answered this question by declaring October 5th as Collier County Child Safety Day. The most precious gift a parent can receive is the gift of a child. And it's our responsibility as parents, caregivers, and teachers to reward this gift with the utmost possible care. This is why Collier County has joined hands to form a collision dedicated to keeping our children safe. We have a strong community of leaders, an outstanding group of coordinators and all those together have developed the Collier County Child Safety Fair. It's a pre-nonprofit community event. It's going to open its doors to safety on October 5th at the Veterans Community Park. This is your chance to visit Collier County's first safety town. At the park, the children will walk through the doors of eight- to ten-foot brightly colored buildings. They will be able to participate in safety events and free activities and Page 9 September 24, 2002 listen to music all while heightening the awareness on safety. The sole purpose of this town is educate in a whimsical atmosphere while educating safety matters to all those who attend. Remember, it only takes one fall. It only takes an inch of water. It just takes seconds or a box of matches or one stranger and the results of that last a lifetime. So why risk it? What could be more important than our children? I'll see you at the fair. COMMISSIONER FIALA: Thank you. COMMISSIONER HENNING: Thank you. CHAIRMAN COLETTA: Thank you. Hold that up so everybody can see it. Thank you very much, children. You can probably guess by all the smiles and the awes that there's a couple of grandparents up here. Commissioner Carter? Item #4B PROCLAMATION RECOGNIZING JOHN DRURY, EXECUTIVE DIRECTOR OF THE COLLIER COUNTY AIRPORT AUTHORITY, FOR HIS OUTSTANDING SERVICE - ADOPTED COMMISSIONER CARTER: Thank you, Chairman. It's my pleasure at this time to read a proclamation to a gentleman who is going to be leaving this community. He is our first and only airport director. I would like Mr. John Drury to come forward this morning while I read this proclamation. Get up here and face the camera, John. We know you're headed up off to be the City Manager in Stowe, Vermont and also going into the lodging business. We will greatly miss you here, sir. But let me read the proclamation that you have certainly earned and gained all the appreciation of everyone in this County for a job well done. Whereas, to all matters, great and small, often controversial or sensitive, john Drury applies knowledge, Page 10 September 24, 2002 experience, administrative ability, superb judgment and a sense of fair play. And whereas, as a first executive director of the Collier County Airport Authority, he faced unprecedented challenges. And whereas, he undertook the daunting task of guiding the Authority through the maze of problems existing at the three Collier County airports. And whereas, John Drury replied with unparallel energy, effort and enthusiasm. And whereas, under his leadership these very different airports have become a significant County asset, tourist attraction and economic engines for the benefit of the community and its residences. And whereas, his performance reflects a rare blend of dedication to his community, professional skills, uncommon common sense and unfailing good will. Now, therefore be it proclaimed by the Board of County Commissioners of Collier County, Florida and the Collier County Airport Authority that John Drury is hereby recognized for his outstanding service as the executive director of the Collier County Airport Authority done and addressed this 24th day of September, 2002, Board of County Commissioners, Collier County, Florida. Jim Coletta, Mr. Chairman. Mr Chairman, I move for approval. COMMISSIONER COYLE: Second. CHAIRMAN COLETTA: We have a motion by Commissioner Carter, a second by Commissioner Coyle. 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. COMMISSIONER CARTER: Richly deserved speech. Here's the paper. Page 11 September 24, 2002 CHAIRMAN COLETTA: John, before you go, would you mm for the camera, please. COMMISSIONER CARTER: One more time, John, photo opt. CHAIRMAN COLETTA: John, would you like to step up to the podium and put in a commercial for your ski lodge. COMMISSIONER FIALA: And look at his whole family is here from the Marco Island Airport. That's great that you're here. MR. DRURY: Can I say just a couple of words, if it pleases the Board. I'd like to have Bob Titus stand. He is our CPA and finance director. I'd like to have Bob Tweedie stand. He is the new acting airport director. I'd like to have John Kirchner stand. He's the airport manager for Immokalee. I'd like to have Gail Hambright stand. She is my administrative assistant and Mr. Gene Schmitt, past chairman of the board and Joanne Lehmer, if she's still in the room back there, past CPA and finance director and Mr. Tom Palmer who is the County Attorney for the Authority who's not here who's probably upstairs watching this. I just wanted to say that these are the people and this Board have been the people that have made these airports work. I was just really at the right place at the right time. It's this partnership that has brought these three County airports to where they are. You did the political work that needed to be done to keep these airports going. And they did all the hard work, and I was just sort of a go-between between the two. So Collier County citizens really ought to be thanking you and these hard working people for having airports that will protect them and serve them for decades to come. So thank you all and thank all of you for all your work and all of your work in getting these airports where they needed to be. Thank you. CHAIRMAN COLETTA: Thank you, John. Commissioner Coyle? Item ~4C Page 12 September 24, 2002 PROCLAMATION DESIGNATING OCTOBER 7-13, 2002 AS FINANCIAL PLANNING WEEK IN COLLIER COUNTY- ADOPTED COMMISSIONER COYLE: I have a proclamation for Financial Planning Week to be accepted by Susan Lowe, President of the Financial Planning Association of Southwest Florida. Suzanne, would you come forward, please. Proclamation, whereas, the financial planning process allows individuals to achieve their dreams by empowering them to identify and manage realistic financial goals and negotiate the financial barriers that arise at every state of life. And whereas, everyone can benefit from knowing about the value of financial planning and where to mm for objective financial advice. And whereas, the Financial Planning Association is the membership organization for the financial planning community representing 28,000 members dedicated to supporting the financial planning process as a way to help individuals achieve their goals and dreams. And whereas, the Financial Planning Association of Southwest Florida is the membership organization for the financial planning community in Lee and Collier Counties. And whereas, the Financial Planning Association believes that everyone needs objective advice to make smart financial decisions, and that when accepting the advice of a financial planner, the planner should be a CP -- CRP professional. And whereas, the Financial Planning Association is dedicated to helping individuals discover the value of financial planning. And now therefore be it proclaimed by the Board of County Commissioners of Collier County, Florida, that October 7 through 13, 2002, be designated as Financial Planning Week in Collier County. Done and ordered this 24th day of September, 2002, Board of County Commissioners. Jim Coletta, Chairman. Page 13 September 24, 2002 Mr. Chairman, I make a motion that we approve this proclamation. COMMISSIONER CARTER: Second. CHAIRMAN COLETTA: We have a motion from Commissioner Coyle 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. And we move on to 6B, Public Petition, David Barker. 6A I believe was continued, wasn't it? COMMISSIONER CARTER: It could have been from September. Item #6A PETITION REQUEST BY JOHN MARSHALL TO DISCUSS REASSESSMENT OF IMPACT FEES ON THE HOMEWOOD RESIDENCE - DISCUSSED CHAIRMAN COLETTA: From September. Forgive me. 6A would be correct. MR. MUDD: That has to do with the Homewood Residence impact fees. CHAIRMAN COLETTA: That's correct. MR. MARSHALL: Good morning, Commissioners. My name is John Marshall. And I'm here on behalf of the American Retirement Corporation. And I'm with the law firm of Holland and Knight. Thank you for allowing me to present my petition this Page 14 September 24, 2002 morning on behalf of American Retirement Corporation, and I'll refer to them as ARC. ARC owns and develops and operates assisted living properties, including the home and residences, which did both, developed and owned. ARC's appearing today because it's concerned about the impact fees reassessed against it. And it believes that these fees cannot be reassessed as a matter of law. We presented a legal memorandum to the County in June, and we'd like to stand on the memorandum. But quickly I'll just give a quick overview of some of the facts and the legal arguments, so you can ask me questions or have a general idea of the arguments. There are two legal arguments that we believe support our claim that impact fees should not be reassessed. The first is that the County would be equitably estopped from collecting the impact fees. And the second is that the applicable statute of limitations would prevent the County from bringing an action to actually collect the impact fees in this case. As I go over the facts, there are three entities that you'll hear about. And so I just want to let you know who the entities are. The first is Paladin Corporation. Paladin was the initial owner and the developer of the property. Then, of course, there's ARC, the entity whom I'm representing today. ARC developed and owned the Homewood Residences and then the subsequent owner, which is Nationwide Health Properties. The timeline really begins back in 1996 when Paladin entered into a contract to purchase the land where the Homewood Residences are now constructed. In 1997, Paladin sought a building permit initially from the City of Naples. At that time, the City of Naples transmitted to Paladin a statement telling Paladin what was due in the way of impact fees. At about the same time, in fact, the next month, Paladin entered into a development services agreement with ARC, whom I'm Page 15 September 24, 2002 representing. And under that agreement, Paladin agreed to develop the property for ARC. There are also three relevant provisions in this contract in the development agreement. The first provision is that ARC -- or rather Paladin agreed to submit a budget to ARC outlining all of the expenses that would be incurred, including permit fees and impact fees. So that was a budgeted item in the contract that Paladin would agree to pay on behalf of ARC. Secondly, Paladin promised that it would obtain all the necessary permits in order to go through the construction and development of the project. After that agreement was entered into and a little later that month, Paladin sold Homewood Residences, that property, to ARC. This is in November of 1997. At that same time, roughly three days later, the City of Naples issued a building permit to Paladin. And that building permit showed that we had paid the impact fees, and it showed the amount that we owed and the type of impact fees that we had paid. Over -- actually, a little less than a year, nine months later, ARC conveyed the property to Nationwide Health Properties, the current owner. This was before construction was actually complete on the Homewood Residences. The City of Naples issued a Certificate of Completion for this project the next year in March of 1999. The next month in April of 1999, the City of Naples issued a Certificate of Occupancy for the property. And then we come to the present state of events when in November of 2001 we first received a letter from the County stating essentially that ARC owed about $137,000 in past due impact fees. That's adding both the educational impact fees and then a group of other impact fees as well together. And a second notice was sent in May of 2002, saying that $118,000 was owed. Page 16 September 24, 2002 And then finally last -- two months ago in August a final notice of impact fees was delivered to us and that said $108,000, the amount of past due impact fees. Given those facts, as I started out of saying those facts basically form a background for the two legal arguments that ARC has and they are that County would be equitable estopped from collecting impact fees; and second, that a Statute of Limitations would prevent the County from actually bringing an action and collecting the impact fees. Briefly to outline the equitable estoppel argument, there are six prongs to the argument. And of the six steps, the first is that the local government represents material fact and that that fact is contrary to a later position taken by the local government. In this case, the first step was the City of Naples, through an interlocal agreement by which the City of Naples collects impact fees for the County, made an erroneous representation regarding the amount of impact fees that were due at the time that the building permit was initially issued. Okay. The second prong is that the property owner reasonably relies on the representation by the local government entity. In this case, ARC and the developer, Paladin, reasonably relied on the City's representation regarding the impact fees. These were written representations and conservations, and then, of course, the custom, which is set forth in the impact fee ordinances that those impact fees will be due at the time that the building permit is issued. The third prong is that the property owner detrimentally relies on the representation. And here in this case, ARC, the entity whom I'm representing today, relied to its detriment by calculating the fees that were charged into the purchase price and its acquisition fee for the property. Page 17 September 24, 2002 Fourth, the local government's conduct has to be deemed by the Court as a matter of law to extend beyond negligence. In this case, just based on case law that exists in Florida, we're talking here at least in the 40 to 50, $60,000 range as far as the reassessment is concerned above and beyond what's been paid at this point. In other cases, fees as large as $40,000 that have been failed to be imposed or overcharged has deemed to be negligence on part of the local government entity. Fifth, the fifth prong is that it will cost serious injustice for the impact fees to be collected. Here, the financial loss to ARC at this stage is a serious injustice. And finally, the sixth prong is that a finding that the government is estopped will not harm the public interest. And in this case, although it does amount to the County having to forego because of the legal issue at stake, the past due impact fees, the Courts have found in the past that this application of estoppel is actually important in the sense that it helps insure fair dealing by the local government with regard to collection of fees. And the second argument, and it's very brief, is the Statute of Limitations argument. And that simply is that the clock began to run for collection of the impact fees when they could have become due, which was in November of 1997. That was just over four years after we received the initial letter from the County in November of 2001 regarding the past due impact fees. The trigger event, under a Statute of Limitations' argument, would be the time at which the obligation to pay the fee first arose. And I think in this case it's clear that the obligation under the impact fee ordinance arose initially when the building permit was issued in November of 1997. We're approaching five years now after the building permit was issued. So we safely feel that the Statute of Limitations argument also sets forth another ground why ARC should not be liable for this reassessment of impact fees. Page 18 September 24, 2002 So again, thank you very much for allowing me to present the petition for ARC. And if there are any questions, I'd be happy to answer them. CHAIRMAN COLETTA: We do have three speakers on this subject? MS. FILSON: On this issue actually, Mr. Chairman, we have two, and one is Mr. Marshall and that is you. Okay. So he has spoken. CHAIRMAN COLETTA: I'm going to limit the time for three minutes so they can be heard. And I'm going to ask them to please be brief and not repetitive if they could possibly do so. Would you call the first speaker, please. Item #6B PETITION REQUEST BY DAVID BARKER, REPRESENTING BENTLEY VILLAGE, REGARDING IMPACT FEE ASSESSMENT- DISCUSSED MS. FILSON: Yes. David Barker. Pardon me? MR. MUDD: He said it was 6B. MS. FILSON: Okay. That's it. CHAIRMAN COLETTA: Okay. That's it? Okay. Move onto the next petition and that would be 6B, Public Petition by David Barker. MR. MANALICH: Mr. Chairman, did you wish to hear any comments from our office in regard to the first petition presented. They are separate? CHAIRMAN COLETTA: Does any of the Commissioners wish to hear any? I don't. COMMISSIONER COYLE: No. Page 19 September 24, 2002 COMMISSIONER HENNING: No. COMMISSIONER CARTER: (Nodding in the negative.) CHAIRMAN COLETTA: Thank you. MR. BARKER: My name is David Barker. I'm an attorney at the law firm of Gronek & Latham at 390 North Orange Avenue, Suite 600, Orlando Florida, 32801. I brought an information packet for each of you to look at. I requested this hearing on behalf of Bentley Village, The Classic Residence by Hyatt. That is a large retirement community located here in Naples. It's been around for over 15 years. And then recently in 1998, they built an expansion to that existing facility which included an assisted living facility, which is a subset of a CCRC. And that is the point today. I asked for a petition before this Board regarding a final notice to collect impact fees. $69,468 of educational school impact fees, $63,688 of community parks, regional parks and library impact fees and asked the County to make payment of the overpayment by Bentley of Road and EMS impact fees of 75,768. So the County has asked Bentley Village to pay 133,000 roughly, and has admitted that 75,000 under road and EMS refund is due. The difference between those two is 57. Real brief history, in February, March of 1998, they started on the construction, getting ready for the construction of the expansion parcel. An engineering firm petitioned the County for relief from certain impact fees. Water and sewer went through an alternative method. It was approved by this Board and those fees were reduced. At the time, they asked for a reduction in the school impact fees and the park impact fees. At the point -- and that was in February, March. Negotiations went on with the County. And then that November, a building permit was issued, and those fees were deemed exempt by County Staff. Page 20 September 24, 2002 Okay. Down the -- then a CO's issued; everything's fine. Come this year, we get a preliminary notice. And then this summer in July, we receive a final notice assessing -- or reassessing these impact fees. Previously, Staff had deemed those exempt and now has come back and said, "We made a mistake." Their excuse is that Staff can't waive this. This is only a matter for the Board. That's the reason why I had to have a petition for the Board on the final notice because the Board's the only one that can hear or make a final decision. So that's why we're here today. Under the -- there's two different types of impact fees. There's schools and then there's parks. Schools, there's a case that the County Attorney has relied on called Aberdeen, a very influential case dealing with school impact fees in the senior housing community as I think past 19 -- or the Supreme Court did that in the year 2000. I don't want to go through the analysis of that test, but the crucial part of it is it's a dual rationality nexus test. Does the expansion have a direct impact on the community, and will the fees collected for that be spent to benefit that expansion? Let me describe this expansion for you. Eighty-four unit assisted living facility of which 36 are Alzheimer's care units and memory loss, which is basically -- and assisted living is for people who cannot live independently and they need assistance in daily living. And under the statute, that is for elderly people who need help with dressing, taking care of their place and daily medications. And Alzheimer's is, obviously, people who have memory loss and can't function in society. These are the type of people that this expansion was for. Obviously, these are senior citizens, and the rationale is that they would not have school age children that would live in this facility that would impact the school system. So therefore, the impact fee does not apply in that instance. Page 21 September 24, 2002 That is the discussion that occurred previously four years ago. And Staff agreed, and now we're back before it today. There's legal arguments we can make on the Aberdeen case. One of the ones that the Staff has brought up in the Aberdeen case, there was a restricted covenant that said you could only use it for senior housing. And I provided some information to the County and put some excerpts in yours. The way this property has been currently developed, is licensed and used is the same as recorded restrictive covenant. It is marketed, licensed to the CRC for 62 and older. No school age children are allowed to be on the property. I'm including an affidavit from the executive director. The youngest person ever to be there since '98 is 62. The average age is 82. The oldest resident is 98. There has been no school age children ever. And Bentley Village has almost 600 units, not just the assisted living. So we provided that information. What we asked the Board to consider is that while we understand it's important for the school system that this particular expansion did not have impact on the school system. The -- and then you heard Mr. Marshall's discussion on the equitable estoppel. We have similar reliance made on that. Four years ago we thought the issue was resolved. We priced it out and went -- and our business based on that. Each of the ordinances gives you an opportunity to go through an alternative methodology and opportunity to go to the Board on each of those. But because Staff told us we were exempt, we didn't avail ourselves of that ordinance right, which is similar to what we would be doing today. The second one deals with parks. And parks in your packets under six, there's some photographs. The facility is a very large facility and has quite a few amenities. At the time, Staff agreed that Page 22 September 24, 2002 because of those immense onsite facilities it was unlikely that the parks or library system would be used. If I could read to you just briefly what is in place. "There's two clubhouses with exercise facilities; two swimming pools; an 18-hole executive golf course; three tennis courts; three shuffle board courts; a crochet court; a wood working shop; seven miles of paths for biking, walking; seven lakes for fishing; and a complete library with staff librarians that provide books, audio visuals, CD's; all that." So again, the impact of this facility on the community at large is unlikely. Again, it's seniors who aren't mobile, cannot go to the parks. And for a library system, they have their own library as part of the facility. So it was unlikely that they would impact either of those facilities. Bentley Village has routine -- transportation takes them shopping to different -- Wal-Mart, Target on different days of the week. And they have not now or ever offered routine trips to parks or libraries for the seniors because they have their onsite facilities, that the second portion of the impact fees which is the same analysis that this particular development did not have an impact on the County system. So in conclusion and I don't -- I understood I only had ten minutes, is that we ask that the County understand that to reaffirm the Staff's prior decision that this expansion should be exempt for payment of school impact fees and also that it should be exempt from payment of the parks, regional and community and the library fees and additionally to authorize the repayment or the refund of the overpayment of the Road and EMS. And based on our final notice, what I ask the Board to maybe consider today is the final notice that if it's not paid within 30 days Bentley Village was subject to a ten percent surcharge or penalty plus a possibility of a lien. Page 23 September 24, 2002 I understood that the Board couldn't take final action on this matter today. I'd ask that the Board consider that those two items be held in abeyance until 30 days after a final decision is made. That way I can -- depending on whatever, depending on what the Board decides, that gives the client the opportunity to decide their next course of action. If not, that might cause undue litigation earlier than I think anybody would care for. So if you have any questions, I -- there's lots of facts. I'll try to keep it very simple for you. CHAIRMAN COLETTA: Just one comment I'd like to make for the record is that the handout that you gave us was received at the time that you started talking to us. MR. BARKER: Correct. CHAIRMAN COLETTA: We can't give due consideration to this and our directions to Staff or lack of directions to Staff. But first we'll go to Commissioner Henning. COMMISSIONER HENNING: Yeah. Just to expand upon that. I cannot make a decision on your petition listening to you and read the information that you provided for us to make a decision. MR. BARKER: I appreciate it. Mr. Tindall's letter to me for this hearing today was -- the sole purpose of this hearing was to ask the Board to have a hearing on the matter. It wasn't that -- and I understood that final action wouldn't be taken today. I was out of town, came in last week and I tried to assemble these materials, get the affidavit and get it to you at this hearing. But I understood that any action would require another hearing or direction from the Board. I do apologize. CHAIRMAN COLETTA: Commissioner Fiala? Forgive me. COMMISSIONER FIALA: No. CHAIRMAN COLETTA: I seen a hand motion. I wasn't too sure. Page 24 September 24, 2002 COMMISSIONER FIALA: Sorry. CHAIRMAN COLETTA: Okay. Thank you very much. MR. BARKER: Thank you. Item #6C PETITION REQUEST BY PASTOR J. DAVID MALLORY REGARDING AN IMPACT FEE DEFERRAL- STAFF TO CONSIDER AND EVALUATE THE REQUEST AND COME BACK TO THE BOARD CHAIRMAN COLETTA: And the next petition would be by Pastor David Mallory. MR. MALLORY: Chairman Coletta, Vice Chairman Henning, other members of the Board of County Commissioners, I want to thank you for the opportunity to speak. My name is David Mallory. I pastor First Assembly of God. I came to Collier County 14 years ago. And through a series of events interacting with some homeless people, I had a passion in my heart to reach out to the hurting of Collier County. For the last 14 years there have been many challenges and many changes, one of which located us on 70 acres just off of Collier Boulevard. And I -- as our congregation moved out there, there was a number of things we had to do. We put about five million dollars worth of improvements onto that property, putting all the infrastructure in. During this time period of change, we had a major crisis which resulted in some financial hardship and limited our ability to raise funds for about a two-year period. Why I stand before you today is that we have a number of individuals, some of which are in the audience today, who are in our Life Academy Ministry, which is a ministry to drug and alcohol Page 25 September 24, 2002 abusers. We also have a ministry to moms, unwed mothers, to some of the veterans of Collier County, the homeless. And we are trying to reach out to these individuals and establish our ministry. Into the County right now are permitting -- is permitting for park model trailers. We have been permitted -- or allowed to have up to 124 trailers there. We are going to put 30 in place. Eight are now on the premises. We need to move our clients into these permanent residences. Right now we are housing them in travel trailers, and that's temporary, to say the least. The problem that we are facing is that when we went to get the permit -- the permits are ready to pick up, by the way, for modular classrooms and these trailers. There was an impact fee levied on everything that we built through the water and sewer. And I'm not asking you to waive that impact fee. I'm asking you to defer it. I'm not asking you to forgive it in any way. But what I would like to have you consider on each modular trailer on each park model, these are two-bedroom, two-bath facilities, the fire impact fees, the police, the library and all of the other impact fees except sewer and water are paid as you pick up each permit. Sewer and water want us to pay for the full amount based on a three inch meter on the first trailer. And I was -- I'm asking you if you would consider prorating that impact fee, the water and sewer, over the first 30 trailers, that we would pay for proportionately. The trailers have a three quarter inch line to them. There is no water going to those trailers at this time. They are not hooked up. And -- but when they are hooked up, they will be three quarter inch line. And the eight trailers are just going to be using what a regular household uses. The reason for the three inch meter is fire protection. It was turned on for that purpose. Page 26 September 24, 2002 We have never to date, used the sewer that has been installed. We pay $800 a month to have sewage hauled away from these park models and our trailers. We've, in the last two weeks, we have used sewer for the first time, because we have a CO for our little chapel that we built. So we are now online. And for the first time, we're also using the three inch meter for that chapel. Up to this point, the three inch meter has only been used to test the water for the fire hydrants and things like that. So as I stand before you, we are anxious to pick up these permits, get all the inspections going and get our residents moved into -- into this proper facility. And there are many people waiting to come to our project that we cannot help at this time. So I would just ask you to consider stretching that out, making the burden a little easier for us at this time. Thank you. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: MR. MALLORY: Yes. COMMISSIONER HENNING: Reverend Mallory -- -- I remember back in the 90's that you were working with the Sheriff's Department on an ordinance or the County was trying to create an ordinance on vagrancy in Collier County and it had to do with your facility on 951. MR. MALLORY: Yes, sir. COMMISSIONER HENNING: Is that still in progress? MR. MALLORY: From what I understand from one of the former County Attorneys is that that ordinance can only be enacted if there is a place for Collier County to bring the people. The Sheriff's Department bring us people now. The Courts assign people to us now. But we are not in a permitted -- we're in a permitted status. In other words, we don't have permitted housing. Once these facilities Page 27 September 24, 2002 are brought online, these park models, I believe the Collier County Ordinance can be enacted. It's an anticamping ordinance, from what I understand. And it will extend ten miles from the beach, and they will be able to take campers out of the woods and offer them a safe place to stay. COMMISSIONER HENNING: Okay. So that is, in my opinion, a public benefit of health, safety and welfare. And in my opinion, I would like to see whatever we can do in our means to help out Reverend Mallory. And one of the things that I think that we need to do in our legislation delegation, Senate Saunders, is give us some latitude on how we can spend our ships monies for programs that benefit the County as a whole. And I understand there's language prohibiting for us to use ship monies for this facility and understanding the goal of First Assembly of God and Reverend Mallory on his mission and also it parallels with our precedence on a mission. CHAIRMAN COLETTA: Commissioner Carter? COMMISSIONER CARTER: Yes. Mr. Chairman, members of the Board, what I would suggest to the Board this morning is that any of these ideas brought forth by Reverend Mallory and perhaps other speakers be given back to Staff for consideration and evaluation within a framework of our ordinances and how we might assist in this matter and report back to us in a couple of board meetings or so to let us know what their thinking might be. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Yes. And I agree that it needs to be massaged a little bit more. But apparently they need to be picking up these permits now. And it seems to me that the water and sewer impact fee isn't consistent with the rest of the impact fees, being that they all have to be picked up as they're, you know, as they're needed, according to Reverend Mallory. He said that only the sewer and Page 28 September 24, 2002 impact fee has to be paid in advance for all of the facilities, whereas the other ones can be passed. Is that what I understood him to say? MR. MALLORY: Yes. COMMISSIONER FIALA: So is there a way for us to allow him as he picks up each permit for each park model to pay the sewer and impact fee for those particular ones? CHAIRMAN COLETTA: That would be a good item to bring back. May I also add something to this mix? I don't know if you were looking for a question right now. COMMISSIONER FIALA: You bet ya. CHAIRMAN COLETTA: Yeah. Let's go ahead. Mr. Mudd, could you direct somebody to answer Commissioner Fiala's question? MR. MUDD: Commissioner, according to -- we've done some research on this one. I mean, we've met with Pastor Mallory a couple of times and everybody's trying to help, okay, in that process as much as we can help. The problems that you have, okay, by Florida Statute, the Collier County Water/Sewer District was created by special act of the Florida Legislature, Chapter 88,499, Laws of Florida, Section 19, titled, "System Development Charges provides legislative intent for impact fees." Paragraph 5 of Section 19 provides that existing structures and that's if you're running a line and there's a house that's there and there's a part where you mandatorily have to make the folks hook up because of the Water/Sewer District and that process. But we can defer or make payments over a seven-year period of time for those existing structures. But there's nothing in that statute that allows deferral of new construction. Okay. So it's just existing. So we went there to try to take a look. And then if you take a look at the Collier County Consolidated Impact Fee Ordinance of 2,113, it states, "The payment of impact fees must occur when or before the permit is issued." Page 29 September 24, 2002 So we're -- by the statutes and by the ordinances that we have right now, we don't have the latitude without amending the ordinance to defer that particular -- or put it in installments based on when he takes -- when Pastor Mallory brings another trailer on board. We tried this one. This particular juncture without an ordinance change, we're pretty well stuck. CHAIRMAN COLETTA: If I may comment on that. I think Commissioner Henning had the right idea about bringing it back with all the options. One of the things I'd like to keep in mind is the fact that we do have in our ordinances now a deferral program for low cost housing where it's paid in the future or a point in time that that person living at that residence reaches a certain income level or they try to sell it to someone outside that income level the housing was designated for. I think we're talking about something that's very similar. I don't say -- you know, we waive them. I say that we defer them. I'd like to see approach on that and what it would take as far as ordinances go and what could be done to try to accommodate. This is a service that's being performed that's going to take more pressure off the County. More cost that we incur on Social Service ends of the whole thing are going to be removed because of what Reverend Mallory is doing. I see this as a tremendous plus. Also too at this point in time, we do have a $100,000 fund that we use to make a, what do you want to call it, a token contribution to agencies, certain agencies that this Commission determines on a case- by-case basis for up to $7,500. And we may even want to explore that. I'm not too sure if Reverend Mallory's organization would come into that. But I'd like to explore the possibilities of that at the end of the year whatever we have left in that $100,000 fund, that instead of carrying it forward to the next year with the anticipation that Page 30 September 24, 2002 somebody might need another 7,500, that we disperse it back to the agencies that applied up to whatever the impact fees could be to -- that had to be paid to try too lesson their burden and to encourage them to grow, to take the burden off the taxpayers of Collier County. With that, I'll mm it over to Commissioner Coyle and then Commissioner Henning. COMMISSIONER COYLE: Just an observation. Mr. Chairman, I don't think all the public speakers have spoken. I think Senator Saunders -- CHAIRMAN COLETTA: No, they haven't. COMMISSIONER COYLE: -- wanted to say something before we reached any conclusions. CHAIRMAN COLETTA: Why don't we -- you want to do that now, Commissioner Coyle? COMMISSIONER COYLE: Yeah. Why don't we do that now. CHAIRMAN COLETTA: Okay. Thank you. I appreciate that. MS. FILSON: You first speaker is -- CHAIRMAN COLETTA: You got one friend up here, Burt. MS. FILSON: Your first speaker is Senator Burr Saunders, and he will be followed by Greg Smith. SENATOR SAUNDERS: Thank you, Mr. Chairman and Members of the Commission. I apologize for not being fully dressed. I had to be on Marco Island this morning and I ran out of the house and didn't realize that I had failed to completely get dressed this morning. COMMISSIONER COYLE: You got the important parts. CHAIRMAN COLETTA: Up to this point in time we never realized there was a problem. SENATOR SAUNDERS: I am appearing on behalf of the center Campus of Care. They are providing obviously a tremendous service. And if it wasn't for what they're providing, then there would Page 31 September 24, 2002 be a tremendous cost back to the County. There was talk about the Sheriff picking up folks and bringing them back to that campus. Traditionally, a lot of those people were being arrested, and, of course, we taxpayers pay the cost of that. So this is -- you're all correct and this is a tremendous public service. I would suggest in terms of the ordinance, there is a way to amend that obviously. And if timing becomes a problem, you can literally, over the next period of a couple of weeks, declare an emergency and amend that ordinance to take care of this type of a situation, because under Florida law an emergency basically is whatever you determine it to be. And so you could do that and shorten the time period for enactment of an amendment to that ordinance. The emergency would be the fact that you've got homeless people and you've got a facility that will save taxpayers a lot of money and save a lot of hardship and agony for a lot of folks that need these services. So I would encourage you to take advantage of that. And I appreciate the Commission's willingness to work with the Campus of Care. It's a tremendous project, and I commend the Reverend for all that he's doing to better the lives of many people in Collier County. Thank you. CHAIRMAN COLETTA: Commissioner Henning, did you have a question of Mr. Saunders? COMMISSIONER HENNING: Yes. Senator, thank you for being here this morning. Do you think that it's part of a solution or a viable solution to ask the -- our delegation to give us some more latitude on the ship's fund? SENATOR SAUNDERS: Yeah. I will take a look at that. I'm not familiar with the statute. I know what generally it is, but I don't know what the restriction is in there that prohibits you. I will take a Page 32 September 24, 2002 look at that. Certainly providing housing for the homeless should be something that would fit under that. I'll take a look at it. The delegation meeting is going to be the Tuesday before Thanks Giving. I'm not sure of the exact date. MR. MUDD: It's the 26th. SENATOR SAUNDERS: 26th of November. So it would be good for someone from the County to make a presentation concerning. But I'll do some research on that prior to that and get back with you. COMMISSIONER HENNING: Okay. Thank you. And just one other thing, Mr. Chairman. I think the item that we're talking about is about Reverend Mallory's request and anything else, any other direction needs to come back and direct Staff to do so by a majority of the Commissioners. CHAIRMAN COLETTA: Okay. And, Mr. Chairman, you final speaker is Mr. MS. FILSON: Greg Smith. MR. SMITH: Chief Greg Smith. Good morning, Mr. Chairman. For the record, I'm representing Sheriff Don Hunter this morning who couldn't be here. It would not be possible for me to improve on that which has already been said by the Chairman this morning regarding this project. So I'll just simply echo some of those comments that the Sheriff remains very excited, enthusiastic about the potential that this project could bring to this community and what it could do for law enforcement, what it could do for social services in this community. We're not experts in weighing in on whether fees should be waived or deferred, but we do know the potential that this project could bring would be of a great benefit to this community. And we stand solid behind it. Thank you. CHAIRMAN COLETTA: Thank you, sir. Page 33 September 24, 2002 Do I see direction to ask Staff to bring this back? (Nodding in the affirmative.) COMMISSIONER CARTER: (Nodding in the affirmative.) COMMISSIONER FIALA: (Nodding in the affirmative.) COMMISSIONER COYLE: (Nodding in the affirmative.) COMMISSIONER HENNING: (Nodding in the affirmative.) CHAIRMAN COLETTA: Okay. COMMISSIONER COYLE: We think you got five nods. CHAIRMAN COLETTA: We got five nods. Thank you very much, Reverend Mallory. Thank you, Senator. SENATOR SAUNDERS: Thank you. Item #6D PETITION REQUEST BY TAYLOR IVES REGARDING A WAIVER OF FEES FOR DEDICATED EMS UNIT DURING THE FRANKLIN TEMPLETON SHOOTOUT- NO ACTION CHAIRMAN COLETTA: Okay. Next public petition is by Taylor Ives. MR. IVES: Thank you, Mr. Commissioner. I'm here this morning just in regard -- my name is Taylor Ives. I'm with the Franklin Templeton Shootout, which is an annual PGA Tour Event hosted by Greg Norman with a focus on charity for the National Childhood Cancer Foundation. This will be the second year we'll play the event at Tiburon Golf Club in North Naples. The event does have a 14-year history, however, starting out on the west coast. The request this morning is for a waiver of fees for one dedicated EMS unit for a five-day period which totals 39 hours. The event draws approximately 25,000 Page 34 September 24, 2002 spectators. And the safety of our patrons is an important item to us. And we ask for consideration of that waiver. Also, the tournament over a three-day period has seven hours of national live television coverage, which is a -- highlights the Collier County area and local hotels, is a great economic boost. So between what it's done for the County as well as our charitable focus, we ask for a waiver of these fees which will allow us to have a greater impact on our charities. I'm happy to answer any questions regarding the tournament. CHAIRMAN COLETTA: Commissioner Carter? COMMISSIONER CARTER: I think every member of this Board appreciates the economic value of your tournament to this community, but staying with our policy, Mr. Chairman, I will not support a waiver of any fees and believe that all have to operate on their own basis. That has been my position for sometime, and that's where I am, sir. Thank you. CHAIRMAN COLETTA: Thank you. Commissioner Fiala? COMMISSIONER FIALA: I agree. CHAIRMAN COLETTA: Yeah, and I also agree. I worked on a number of events over the years that were for charity and we couldn't selectively pick one out. We would have to do it for all. Having every event coming back to us on a continuous basis for this would be -- would be, who do we choose? Who do we don't choose? And it would become very difficult. So I think you got to keep the playing field level. Any other comments? None. Thank you, very much. MR. IVES: Can I just ask one question? CHAIRMAN COLETTA: Sure. MR. IVES: I can appreciate that. I'm going through the motions to do what I can to save our tournament money. CHAIRMAN COLETTA: Right. Page 35 September 24, 2002 MR. IVES: But it seems as though there are a handful of events locally, at least that's what I'm told by some EMS staff, that they do have, I think it's a permanent waiver of fees. I was told the Collier County Fair and the Seafood Festival as well as some football games. And I'm just wondering if there's anything we can do in the future to be considered in that category? CHAIRMAN COLETTA: I'll be honest with you, I wasn't aware there was waivers out there. I know every organization I ever was with we had to pay the fee. And I really resent the fact that there are waivers. If they do exist, I think they need to be reexamined. MR. IVES: That's what I was told as I was doing research. That could be false. CHAIRMAN COLETTA: Any comments from-- MR. OCHS: Mr. Chairman, for the record Leo Ochs, Deputy County Manager. Your EMS fee resolution does contain a waiver provision for three community special events, those being the Collier County Fair, the Everglades Seafood Festival and the Collier County Public High School varsity football games. And those have been three long-standing waivers that are part of your fee resolution. We will be bringing, incidentally, your fee resolution back as we do annually in October. So if the Board would want to change any of that direction, now would be an appropriate time. Again, every waiver, every additional waiver costs the system revenue. And as you know, your EMS system is 60 percent funded by general fund dollars. CHAIRMAN COLETTA: That's exactly right. And if we're going to make a waiver for anyone, we have to make it for everyone. So we really do need to review that. I do appreciate you bringing that to our attention. MR. IVES: My intent wasn't to rain on anyone's parade, but I had to ask the question. Page 36 September 24, 2002 COMMISSIONER CARTER: Well, Mr. Chairman, in regards to high school football games, it will be paid one way or another where it comes out of our budget or the School Board's budget, because it's kids on an athletic field. So I think it will become a review and a discussion on this Board's part as to whose budget it comes out of more than-- CHAIRMAN COLETTA: I agree. But so we have to have -- we have to protect the integrity of the taxpayer here and have a clear playing -- level playing field for all agencies. That's my big concern. But we'll bring that back. It will come back for review. Thank you, very much. MR. IVES: Thanks for your time. CHAIRMAN COLETTA: Okay. Moving on, we're past that. We're into the advertised public hearings. No, we're not. COMMISSIONER CARTER: No. CHAIRMAN COLETTA: Board of Collier County Commissioners. MR. MUDD: No. You still have 6E. Item #6E PETITION REQUEST BY ELL1N GOETZ REGARDING DRAFT- IMPLEMENTING ORDINANCE FOR THE GREENSPACE REFERENDUM- STAFF TO PROVIDE DRAFT ORDINANCE FOR FURTHER DISCUSSION CHAIRMAN COLETTA: Okay. Oh, you know something, I've been looking forward to this one all day. COMMISSIONER COYLE: All those people in green. CHAIRMAN COLETTA: Ellin Goetz, are you here? COMMISSIONER FIALA: Ellin Goetz? Page 37 September 24, 2002 CHAIRMAN COLETTA: Ellin? Excuse me. COMMISSIONER COYLE: There she is. MS. GOETZ: Good morning. My name is Ellen Goetz. I'm coming to you today as chairperson of Vote Conservation 2002. I want to thank you for this opportunity to present to you a public petition for a Vote Conservation 2002, which is a grass routes citizen's initiative to establish a Natural Lands Acquisition Program in Collier County. I am acting as the chairperson of a varied group of citizens, some of whom are in the audience today in a very nice shade of green. I'm speaking on their behalf. I am a volunteer in this effort. As you are all well aware, we came to you in June of this year, first in a workshop and then as an agenda item to get the Conservation Collier Referendum Question on the November 5th ballot here in Collier County. That question is now on the ballot and will go in front of the voters in November. You have today before you the draft ordinance -- or the draft document that, for planning purposes, is the framework for what is intended to be done with the Countywide Land Acquisition Program. This is a draft document that can control the implementation and management of this willing seller land program should the question succeed with the voters on November 5th. I'm just going to hit a few very specific highlights of the program and then make a request from you. The program, as outlined in that draft document, has specific goals for this willing seller process. There are two funds. It would be funded through the monies raised, the acquisition of the lands and then the management of those lands. It's very specific. There's a 15 percent figure put into the document so that we can be confident that these lands are sufficiently managed without going back for more money. There is citizen involvement outlined in that draft document through the land acquisition advisory committee, which would be as Page 38 September 24, 2002 illustrated in the document appointed by the Board of County Commissioners to represent the broad interests of Collier County. It's very specific in there. There are very specific criteria for the actual selection of the proper land that would be nominated for such a program. And there is a very clear process outlined in the draft so that both you and the public can be -- have a certain level of confidence in the process. And very importantly, public access is an important component of any parcels that are eligible for this program. We are requesting today that you direct Staff to bring you this draft ordinance at your next meeting so that appropriate changes and adjustments can be made with your input prior to the November 5th ballot question. And we are also doing this so that the public can have assurances that this program, if voted into effect by the public, will have a very predictable and very public controlling process. And I would entertain any questions that you might have. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: One question and then I'll make a comment. How do I get a bumper sticker? MS. GOETZ: I happen to have one. COMMISSIONER COYLE: Good. Good. Mr. Chairman, I think we all understand that we can't or should not pass an ordinance governing the Greenspace Acquisition Program until such time as the voters have had a chance to express their opinion. But I think we owe the voters a very clear explanation of how the program will be administered so that they can cast a reasoned ballot. I think proactivity is a good thing, and I believe that if we have an ordinance, a draft ordinance, which lays out the framework Page 39 September 24, 2002 for how this program would be administered, I think it would be a great benefit to all the voters in Collier County. And I would be very supportive of bringing this back and making the final adjustments on the draft ordinance so that the voters will understand what they're voting for. They will understand how it is going to be administered. And then this draft ordinance will serve as the framework for the admission of this program and the voters will clearly understand what that is. So I would support bringing this back and doing the final tweaking that is necessary. There are some changes that are -- excuse me -- are recommended and necessary, and I believe doing that at the earliest possible date would be an appropriate thing to do. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Yes. I wholeheartedly agree with everything you've had to say. I worked on this initiative, as you know, back when we started one many years ago in '96, I believe, and it failed dismally, but not because it wasn't an excellent program. It was because we didn't have it outlined well enough for the citizens to know what they were voting on. And I think this gives them a clear view of what they're voting on. You've done a lot of work on this, and you've done all of the necessary, preliminary work to let people know exactly what they are voting on, that they will have public access, that it is urban land in many cases. And this is what people are clamoring for. They're asking everybody, "Save the Greenspace. Save the Greenspace." Well, now they have an opportunity to do that. But now with this outline, it will be more clear to them what they're voting on. So I totally agree with it. Thank you. CHAIRMAN COLETTA: Commissioner Henning? Page 40 September 24, 2002 COMMISSIONER HENNING: Ms. Goetz, you've heard my concerns about the ordinance, and I'm sure they will be corrected. I too would also like to keep it in draft form until we get a clear indication from the voters. Thank you. CHAIRMAN COLETTA: Commissioner Coyle, back to you. COMMISSIONER COYLE: Just one final summary comment. With the challenges that are being posed to the rural fringe study and the rural land study, it is possible that those studies and the preservation resulted from them could be held up for some time. That makes this Greenspace initiative even more important. It might be the only alternative we have to guarantee the preservation of Greenspace in Collier County. CHAIRMAN COLETTA: I hope that's not true. I'm sure we're going to prevail in the end. COMMISSIONER COYLE: I hope so. CHAIRMAN COLETTA: I hope so. But this Greenspace initiative is very, very important. With that, do I see direction from the Commission to bring it back in a draft form? We're also going to have one speaker. Commissioner Carter? COMMISSIONER CARTER: One correction, it is a process. The ordinance outlines the process very clearly. It does an excellent job on it with some tweaking yet that needs to come back to this Board. And that's what I would hope the voter understands this is what you're voting for or against. Whatever your decision is, it clearly indicates how it operates. It has an advisory board selected by the Board of County Commissioners. Based on the recommendations they bring through, ultimately the Board of County Commissioners make the decisions on the parcels that might be acquired. It is a willing sellers' program. Page 41 September 24, 2002 Nobody's taking anybody's land. You have to be in agreement. So that's important. And the other, Commissioner Coyle, I don't believe we have and challenges under rural lands; it's only under rural fringe. Hopefully land is in place, will stay in place. CHAIRMAN COLETTA: We do have a challenge. COMMISSIONER CARTER: We do now have a challenge. Well, it makes my day. Thank you. MR. MANALICH: We'll, Mr. Chairman, a question if I may be heard for clarification. Is it the intent of the Board to bring this back in a workshop-type discussion or is it for advertisement and actual consideration of the passage prior to that front? COMMISSIONER CARTER: No, not passage. MR. MANALICH: Merely discussion of the contents in a workshop -- CHAIRMAN COLETTA: Discussion. Define it in such a way that the voters know our intent. MR. MANALICH: If there's no adoption, then I think we don't have to go through the advertising. We merely place it on the agenda. CHAIRMAN COLETTA: May I suggest we go through the advertising? MR. MANALICH: We certainly can. It will probably be the second meeting in October. MR. MUDD: Commissioner, what -- we just had the discussion. Leo was picking up the phone and Ramiro was talking to him. Okay. We've got the place pretty well wired. But -- COMMISSIONER COYLE: You can walk over there and save the telephone bill. MR. MUDD: The difficulty -- the can's underneath. No. That's okay. The difficulty here is if we advertise, it won't be until the Page 42 September 24, 2002 second meeting in October. And there was something that came from the dais just a little bit ago, the earliest possible in order to come back. If we have it as a discussion item under the regular agenda, under the County Manager's part when we do that, we can come back to you the first meeting in October. If we advertise -- and the reason you would advertise if you were going to vote on it, but I'm also hearing from this Board that they wouldn't vote on it prior to the referendum. CHAIRMAN COLETTA: No. MR. MUDD: So I would say to you that it would probably behoove the Board to get at this the first meeting in October without an advertisement. CHAIRMAN COLETTA: No. I agree. But I still think that we need to get the word out anyway possible, that we have as much public input as possible. And if it's formal advertising or some other means, the word has to be out there to the public. This is their chance to interject their feelings to it, show their support or come up with their questions.Commissioner Coyle? COMMISSIONER COYLE: Well, let me make sure I understand something. We can have a workshop that is publicly advertised; is that not true? MR. MANALICH: Certainly. COMMISSIONER COYLE: Then the objective of making sure people are informed can be accomplished by advertising the workshop. And then we can get this thing done early. MR. MANALICH: Yes. I think what I was referring to is simply not the formal ordinance adoption advertisement. COMMISSIONER COYLE: Yes. MR. MANALICH: But if you provide direction, I think it would serve a public purpose to do whatever advertising would be Page 43 September 24, 2002 appropriate to disseminate information and bring this back on a regular agenda, not for adoption consideration but merely for discussion of contents. COMMISSIONER COYLE: Well, I sort of thought that we couldn't get together unless it was publicly advertised. So I thought that advertising -- MR. MANALICH: Well, there's a notice requirement in the Sunshine Law that that does not necessarily always equate with broader advertising that might go with an ordinance. COMMISSIONER COYLE: Yeah. MR. MANALICH: But whatever direction you provide, we can, I think, work today to accomplish. COMMISSIONER COYLE: I would recommend that we have the workshop as quickly as possible and advertise the workshop. CHAIRMAN COLETTA: We could have the workshop as part of our next meeting, unless the agenda is way out you sight. MR. MUDD: Well, that's kind of what I was trying to get to, get to it an hour or so and get through that process. You do it on the County Manager's piece. We'll advertise it as a draft ordinance for review and discussion, and we'll get on with it. We don't have to go through the number of days' process. CHAIRMAN COLETTA: We do have one speaker, but we'll go to Commissioner Carter first. COMMISSIONER CARTER: County Manager Jim Mudd outlined it well for me, get it on a regular agenda, give it some time. It's a public advertised agenda. You accomplish both objectives and you get it done. CHAIRMAN COLETTA: Good. Next speaker? MS. GOETZ: Thank you, very much. CHAIRMAN COLETTA: Thank you. Page 44 September 24, 2002 MS. FILSON: Yes. Mr. Chairman, your next speaker is Mr. Wayne Jenkins. MR. JENKINS: Good morning, Commissioners. My name is Wayne Jenkins. I'm president of the Collier Sportsman Conservation Club. I've learned a pretty good lesson this morning. And I read the article about this in yesterday's Naples Daily News. And I was here all set to really give you a brassing this morning, and I met with Ms. Goetz and Mr. Cornell from the Audubon Society. They gave me a lot of details that were contrary to what I had read, and I guess what you just said, clarification is going to be the main thing as to what kind of response you get out of this. I have a little concern of removing more lands off of our tax rolls, and so much of Collier County has gone by the years to government owned anyway. But I feel that the idea of preserving this land is a better alternative than not having a wetlands area developed or denying the private property rights of the individual who owns this land. So I think it's a good move. And just my interest, as Mr. Coletta knows and some of the others, I am very avid and interested in outdoor, active recreation, which includes hunting, camping, RV's. And with reading what was actually in the ordinance and discussing it with these people, I think you're on the right track. And I fully support it at this time. CHAIRMAN COLETTA: Thank you, sir. MR. JENKINS: Thank you. CHAIRMAN COLETTA: I make sure the language is in there that's going to protect your rights and the resident's rights so everybody has -- MR. JENKINS: I thought I saw your fingerprints on that part. Thank you. Page 45 September 24, 2002 CHAIRMAN COLETTA: Okay. With that, we gave direction to Staff. I mean, we're clear enough. I don't think we have to go into anymore detail on it. We're going to take a ten-minute break. Thereupon,(A break was had.) Item #9A RESOLUTION 2002-410 APPOINTING JOHN DOWD TO THE ENVIRONMENTAL ADVISORY COUNCIL- ADOPTED CHAIRMAN COLETTA: Please take your seats and we can begin. Okay. Item 9A, Member to the Environmental Advisory Council. COMMISSIONER COYLE: 8A? Did we skip 8A? COMMISSIONER FIALA: No, that's continued. CHAIRMAN COLETTA: No, that's continued. 9A. Commissioner Carter? COMMISSIONER CARTER: I move for approval. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: Okay. We have a motion for approval from Commissioner Carter and a second from Commissioner Fiala. 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: All those opposed? Ayes have it 5 to 0. Moving right on, 9B, Appointments to the Public Vehicle Advisory Board-- Advisory Board. Excuse me. Page 46 September 24, 2002 Item #9B RESOLUTION 2002-411 APPOINTING NICHOLAS WHITNEY TO THE PUBLIC VEHICLE ADVISORY BOARD - ADOPTED COMMISSIONER FIALA: I'd like to nominate Nick Whitney. I think he did a fine job. CHAIRMAN COLETTA: I'll second that. And we have a motion from Commissioner Fiala and a second from myself, Jim Coletta. Any discussion? All those in favor indicate by saying aye. Aye. COMMISSIONER CARTER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. Item #9C RESOLUTION 2002-412 APPOINTING FAYE BILES, MICHAEL GERAGHTY, JOHN DOWD AND KATE GODFREY-LINT TO THE EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL- ADOPTED CHAIRMAN COLETTA: Move on to 9C to the Emergency Medical Service Advisory Council. COMMISSIONER CARTER: Mr. Chairman, they have made some recommendations, but under District Two I would recommend Mike Geraghty. COMMISSIONER FIALA: Yes. And Mike, he's a tremendous guy, Dr. Geraghty. The only things they noted back in here were Dr. Geraghty and Kate Lint both had a problem with attending meetings. Page 47 September 24, 2002 And I would just like to make sure that-- from their letters it said they really wanted to continue, but I would want to make sure that they were supportive and participating members of this committee. I don't know if we can make that provision or not. COMMISSIONER CARTER: It's up to the Committee I think to look at that, and if they don't show up, make recommendations that they leave and come back to us with another candidate. MS. FILSON: Yeah. We have that in the ordinance. COMMISSIONER CARTER: That to me is Advisory Committee business. COMMISSIONER FIALA: Good, because the Committee already said Fay Biles and John Dowd. They recommended them. They just had some reservations about the other two. So with that I will agree with you. And I'll mn down the list, Fay Biles, Mike Geraghty, John Dowd and Kate Godfrey-Lint I nominate for this Emergency Medical Services Advisory Council. MS. FILSON: And, Commissioner Fiala, you'll need to waive Section B of Ordinance 2,155, Dr. File -- COMMISSIONER FIALA: Fay Biles. MS. FILSON: I'm sorry. Thank you. Dr. Fay Biles have served a two-term limit. COMMISSIONER FIALA: Okay. MS. FILSON: So you'll need to waive that section. And I also need you to confirm the organizations' appointments. COMMISSIONER CARTER: You're going to make that all part of your motion, yes. COMMISSIONER FIALA: I'd like to make that all part of the motion. Thank you, Commissioner Carter. COMMISSIONER CARTER: Okay. I'll second all of that. CHAIRMAN COLETTA: Okay. I think we covered it. So we have a motion from Commissioner Fiala and a second from Page 48 September 24, 2002 Commissioner Carter. Is there any other comments? Hearing none, I'll call the question. 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. Okay. Moving on to the Vanderbilt Beach Beautification MSTU Advisory Committee. Item #9D RESOLUTION 2002-413 APPOINTING CHARLES ARTHUR TO THE VANDERBILT BEACH BEAUTIFICATION MSTU ADVISORY COMMITTEE - ADOPTED COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER Arthur. CARTER: Move for approval. HENNING: Second. FIALA: For Charles Arthur. COYLE: What person? There's -- CARTER: Charles Arthur. I'm sorry. COYLE: Okay. CARTER: I move for approval of Charles COMMISSIONER HENNING: Second. CHAIRMAN COLETTA: Okay. We have a motion from Commissioner Carter and a second from Commissioner Henning. Any discussion? All those in favor indicate by saying aye. Aye. COMMISSIONER CARTER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. Page 49 September 24, 2002 COMMISSIONER HENNING: Aye. Item #9E DISCUSSION REGARDING AMENDMENTS TO RESOLUTION 94-136 ESTABLISHING GUIDELINES FOR APPOINTMENT OF MEMBERS TO ADVISORY COMMITTEES AND QUASI- JUDICIAL BOARDS- STAFF TO BRING BACK WITH CLARIFICATION CHAIRMAN COLETTA: Okay. Item 9E, discussion regarding the Amendment to Resolution 94-143. COMMISSIONER CARTER: I move for approval. MS. FILSON: Move for approval of?. COMMISSIONER CARTER: Of the recommendation that-- I move for the Staff's approval for Staff recommendation. MS. FILSON: Actually- COMMISSIONER COYLE: We're on 9E. CHAIRMAN COLETTA: They don't-- MS. FILSON: 9E. CHAIRMAN COLETTA: They really -- the Board -- they recommend that the Board of Collier County Commission review Resolution 94-136. MS. FILSON: Yes. Mr -- Commissioner Carter, I did this executive summary as a result of direction of the Board on September 10th. I believe Commissioner Coyle wanted to put additional stipulations in the resolution for appointment. COMMISSIONER COYLE: Actually-- COMMISSIONER CARTER: I'm sorry. COMMISSIONER FIALA: It was me. COMMISSIONER CARTER: Have those been put in? Page 50 September 24, 2002 COMMISSIONER COYLE: No, they haven't, not additional stipulations. But to me, the ordinance is contradictory. The objective I strongly support. But if we look under, "Now therefore be it resolved," there is a statement that says that these guidelines are hereby established for advisory committees and quasi-judicial boards. And then we have down at the bottom it says, "Quasi-judicial boards will not be making recommendations," and that is to me a contradiction. And it makes it very confusing. Is there a way we can straighten that out? CHAIRMAN COLETTA: Ramiro? MR. MANALICH: Yes. Mr. Chairman, Members of the Board, I don't view it totally as a contradiction. It could have more clarification. Basically the Board has the discretion whether or not they wish to have quasi-judicial boards part of this recommendation process for the appointees. And here the resolution is saying that they are going to include quasi-judicial boards, and they make the decision here, the previous board, to not have quasi-judicial boards be part of that recommendation process, as I read it. Now, if you wish to change that, we could have quasi-judicial boards in a new resolution be included. COMMISSIONER COYLE: I'm not even suggesting that, because I don't have the history with respect to why those were excluded. I would like to have recommendation from everybody. But maybe there's a good reason not to have quasi-judicial boards. I just have a problem that saying that in one sentence that quasi- judicial boards will have to abide by these procedures and then at the bottom of the page the quasi-judicial boards will not make recommendations. MR. MANALICH: Well, the way I read that above, it says, "The following guidelines are hereby established for the receipt and Page 51 September 24, 2002 acceptance of recommendations from the advisory committees and quasi-judicial boards." Now, what I see then, they're saying they're all included. But then below they say, "However, we're not from quasi-judicial boards. We're not going to receive those recommendations." So I see the tension there. Although I don't think it's actually a contradiction because they're just saying we're recognizing they're out there, but we're choosing not to have them submit recommendations, the way I interpret it. COMMISSIONER COYLE: Okay. I just would prefer that we MR. MANALICH: The language could be changed. COMMISSIONER COYLE: Yeah, the language could be cleaned up a little bit. But other than that-- COMMISSIONER CARTER: We should get Ramiro to clean it up and make it work. COMMISSIONER COYLE: Yes. MR. MANALICH: I think the big policy question is whether we want the quasi-judicial boards to make recommendations. Now, we could report back on that at the next meeting, review the history and see if there's any sound policy reason to include them. COMMISSIONER COYLE: I would like to understand why they were not included. Maybe there's a good reason not to include them. I just don't know what that is. But if there's a good reason not to include them, then I think we should proceed. But if there is a good reason to include them, I think they should be included, and we should get rid of all this contradictory language. COMMISSIONER CARTER: So what do we need from the Board, Ramiro, for you -- MR. MANALICH: I think just some direction to bring this matter back at a subsequent meeting with clarification of the Page 52 September 24, 2002 language as to address Mr. Coyle's concerns and with a report on whether there are sound policy reasons militating in favor of inclusion or exclusion of the quasi-judicial boards. COMMISSIONER COYLE: Exactly. Yeah. COMMISSIONER CARTER: Does that require a motion on our part? CHAIRMAN COLETTA: Before we go to that-- MR. MANALICH: I think just direction is sufficient. It's a resolution. CHAIRMAN COLETTA: There's one more thing now that we have this ordinance in front of us again for review, I was wondering if it's possible just for the committees, possibly the other Commissioners' committees, my Health and Service Committee, if we could put a clause in there that would allow us to bring alternates for consideration before this Board. Some of our problems is that we have the -- well, we have the chief officer of Naples Hospital and also the Cleveland Clinic, and they're having a difficult time making the meetings. But a number of times very qualified people show up on their behalf to share information. And we've had several other situations like that, and it's not always possible to get a quorum to be able to conduct business even though we got qualified people there that can work on the subject. And I'd like to give that some consideration for the next time it comes forward. Susan? MS. FILSON: One of the questions, the reason I brought this back before the Board today was that some of the advisory boards make recommendations and some don't. And I thought the Board wanted to make a decision whether to make it mandatory to have the advisory boards make recommendations to the Board of County Commissioners and possibly even interview the applicants. Page 53 September 24, 2002 CHAIRMAN COLETTA: I like that myself. COMMISSIONER COYLE: Yeah, I do, too. I think it's important to interview those applicants. COMMISSIONER FIALA: Because we're always looking for that input anyway. COMMISSIONER CARTER: Right. CHAIRMAN COLETTA: It's fallen on my shoulders about two or three times to bring different members of advisory boards into my office. In one case we even had one of them removed for inappropriate action. So I -- MS. FILSON: And one other question: Do you want to include the CRA Boards in this resolution or do you want to do those separate as a CRA Board? CHAIRMAN COLETTA: Well, I would think that -- COMMISSIONER FIALA: Well, that just came before us recently and we had some applicants. And we didn't know the applicants, and we didn't have a recommendation from the CRA Board. I think it would be an excellent thing, an excellent part of this ordinance to include CRA's and the interview process as well. CHAIRMAN COLETTA: Yeah. Once again, our advisory boards are very important to us and we want to keep them as functional as possible. Commissioner Henning? COMMISSIONER HENNING: Just to move this along, I believe we're asking for a recommendation from nonquasi-judicial advisory boards and in that process would be a interviewing process, whether it be the -- whatever they provide to us as far as information of their background or are we talking about personal interviews? CHAIRMAN COLETTA: I thought personal. COMMISSIONER FIALA: Personal interviews, yeah. COMMISSIONER HENNING: Okay. Page 54 September 24, 2002 COMMISSIONER FIALA: And you mentioned nonquasi. But then Commissioner Coyle suggested that we should find out why quasi is excluded and maybe include that as well. Would that be -- and I think that's an excellent idea. COMMISSIONER HENNING: Well, I guess the concern that I have is you want a broad spectrum of people, whatever the advisory Board is. Therefore, a majority can have influence on the outcome of the recommendation to the Board of Commissioners. You see what I mean? CHAIRMAN COLETTA: Yes. Yes. I understand. Commissioner Coyle? COMMISSIONER COYLE: Yeah, I think that's a good point, too. If we proceed in that direction, that is, if we exclude the quasi- judicial boards in the interest of making sure we have a balanced board, I would strongly suggest that we do the interviews then. If it is important that we make sure we have appropriate balance on those boards and we don't want the boards themselves to be making the discussions, then I think it's important that we see and talk with the person that we're planning on appointing to these things. COMMISSIONER FIALA: I would be willing to spend that time doing that. COMMISSIONER COMMISSIONER reading these things and opportunity to interview COYLE: I would, too. FIALA: I know I take a lot of pains in calling people to -- and I don't have the them. I'd like to do that. COMMISSIONER COYLE: Yeah. CHAIRMAN COLETTA: I think we're heading in the right direction. I'm still for having the advisory boards send us recommendations, if not through the interviewing process based on their applications of personal knowledge of the people. But why don't we do this, we got a couple of different options that we can send back Page 55 September 24, 2002 to Staff for consideration. Also too with the Board's permission, I'd like to have the item on alternates to be brought forward too for consideration. I think we got enough direction now. MR. MANALICH: Yes. CHAIRMAN COLETTA: Okay. Let's move on. Item #9F RESOLUTION 2002-414 APPOINTING ALICE J. CARLSON TO THE EDUCATION FACILITIES AUTHORITY- ADOPTED COMMISSIONER CARTER: 9F, I believe. CHAIRMAN COLETTA: That's correct. COMMISSIONER CARTER: Move for approval. COMMISSIONER HENNING: Second. CHAIRMAN COLETTA: Okay. We have a motion from Commissioner Carter and a second from Commissioner Henning. This has to do with the Educational Facility Authority for appointment of one member. 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 0.9G. Item #9G RESOLUTION 2002-415 APPOINTING ALICE J. CARLSON TO THE INDUSTRIAL DEVELOPMENT AUTHORITY- ADOPTED Page 56 September 24, 2002 COMMISSIONER CARTER: Move for approval. COMMISSIONER HENNING: Second. CHAIRMAN COLETTA: Okay. We have a motion by Commissioner Carter and a second from Commissioner Henning. And this is for members to the Collier County Industrial Development Authority, and there's only one applicant and that's Alice Carlson. All those -- 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. Moving on to -- now, we're coming to 10, but we're going to go to 10G to accommodate the people who are in the audience that have been patiently waiting to be heard. Item #10G STATUS REPORT IN REGARD TO THE BEAUTIFICATION OF THE LIVINGSTON ROAD CORRIDOR- STAFF'S RECOMMENDATION NOT TO FUND ADDITIONAL LANDSCAPING ENHANCEMENTS - ACCEPTED MR. FEDER: For the record, Norman Feder, Transportation Administrator. As a follow up to the workshop you recently held on landscaping, a number of projects identified. We'll be bringing some before you today. This one on Livingston Road deals with the request for Board direction and follow-up to that workshop as to how you wish to proceed. Page 57 September 24, 2002 Specifically what you have in from of you is an outline of basically the chronology of events starting with -- and I know the folks in the audience will want to discuss the November 14th, 2000, Board action which was approving a request to hire a design engineer to look at developing design for the corridor. It also referred back to the prior Naplescape process that's attached as an attachment to your agenda. And in particular, I'll call your attention to what it was requesting. "Staff is requesting direction to develop a design concept for the entire corridor." And I'm just before the fiscal impact on the second page. "Staff will return to the Board for its endorsement of this concept and request approval to reduce construction documents. Upon completion of the construction documents, a more refined cost estimate will be provided along with Staff recommendation to the Board for funding." Down at fiscal impact, it also makes it clear that what we're asking for is an effort to define the nature of what can be done out there and not necessarily specifically the funding. The Naplescape program that's referred did define that two corridors a year be the goal, but it didn't specifically provide separate funding. It rather identified the nature of projects, whether they were gateway, whether they arterial, what funding source would be the eligible funding source for those. And so when I came on Board, that was about the time we were continuing that. Shortly after that November 14th, on December 12th, the Board did hear a petition requesting the formulation of an MSTU for the entire corridor. Based on that public petition February of 2001, the Board was brought back with a request for direction to Staff to, in fact, work towards development of the MSTU. And on December 1 lth of 2000, the Board did approve the ordinance creating the MSTU, and we've gone from there. Page 58 September 24, 2002 I think the issue at hand is from the workshop that the Board noted its desire to maintain its commitment to prior commitments for landscaping we're talking about in the overall corridor here of what is determined by this Board approximately two and a half to three million based on the ten mile length for both the capital and about 500, $600,000 annually in maintenance for the entire lane. The predominant concern that you've heard recently that the MSTU was formed for was just the Phase 2 portion, from Golden Gate up to Pine Ridge. That section obviously is about 2.8 miles. So if you look at it, if we're talking about 250,000 a mile, you'd be about 750,000 up to 900,000 capital. And then based on 50,000, it would just be below 150,000 up to about just below 180,000 of operating based on 2.8 miles. So that's the issue they have before you today. I know there's a number of people that want to talk. I'd be happy to try to answer any questions that the Board might have. CHAIRMAN COLETTA: Why don't we go to the speakers, and then we'll put it up for Board discussion. COMMISSIONER FIALA: Before we change, just as a note, I'm sure you meant to mention this that the figure in the second paragraph on the second page is incorrect. It said from Lee County line will be about $2500 up to three million dollars. And I think they meant to say 2.5 million. MR. FEDER: 2.5 million. COMMISSIONER FIALA: Yeah. MR. FEDER: 2.5 million. There's a zero missing. MS. FILSON: Are you ready for the speakers, Mr. Chairman? CHAIRMAN COLETTA: How many speakers do we have? MS. FILSON: We have 12 speakers. CHAIRMAN COLETTA: Okay. It will be three minutes a piece we'll allow them. I'm going to ask you though that if it Page 59 September 24, 2002 becomes repetitious and you find the person in front of you has explained it quite well, you may wish to waive. But, however, that is your prerogative. Call the first speaker and then the backup speaker. MS. FILSON: Yes, sir. The first speaker is Mr. Lu Lackore. He will be followed by Bill Confoy. Mr. Lackore? MR. MUDD: Yeah, that's him. MR. LACKORE: My name is Lu Lackore. The Naplescape plan was adopted by this Board in 1997, and it specified two projects on major gateways per year. The beautification of Livingston Road benefits both local residents and the County as a whole. Commissioners and Staff encourage the Beautification Association to plan on County participation in landscaping and maintenance. The Beautification Association started in 1999. The Beautification Association saved the County $600,000 that was budgeted in the road. This amount should be put into landscaping. On all major arterial roadways, the County pays all of the maintenance cost. Item 16B-9 of the November 14th, 2000, Commission Meeting, the Commissioners approved unanimously landscaping Livingston Road from Fund 111 at a rate of $250,000 per mile. Phase 2 is ready for landscaping and needs your immediate commitment for $700,000. At the September 5th, 2002, workshop, the Commissioners agreed unanimously the Board would keep prior commitments. And landscaping Livingston Road is one of those commitments. Thank you. MS. FILSON: You're next speaker is Mr. Bill Confoy, and he will be followed by Mary Jo Fausnight. MR. CONFOY: Thank you. I'm Bill Confoy. I've spoken here before the Board on the same subject and I've worked with the Page 60 September 24, 2002 Collier County Staff for the past three years. I have read the Livingston Road executive summary for today. And I believe those of you who read it should take some offense at the proposals stated by Mr. Feder for the Board consideration. There are only two dates in the body of considerations that are relative today, that of September 5th, 2002, and that of 11-14 in the year 2000. Looking at that summary, please refer to Item One, Page One at the bottom. The base level referred to has already been funded and is provided in the basic road cost and has no bearing on approved landscape commitments made by the Board. Item Two on the same page, this is a real zinger. This tells you to determine if your 11-14-00 Board action continues to be appropriate. This is what is known as passing the buck. The Board has already made that determination by voting unanimously to fund Livingston Road at $250,000 per mile and landscaping support. There is nothing more for you to determine except how fast you will move on your commitment. Now, looking at the bottom at the fiscal impact, those items that follow thereafter on Item One, of course there would be no fiscal impact on Item One as these costs are already in the basic roadway costs. Item Two, however, seeks to imply that you must fund the entire road now. That's ridiculous. Phase One is complete, and no landscape funding was requested or budgeting. Phase Three won't require landscaping until the year 2005, and Phase Four in 2004. Phase Two is why we are here. Landscape funding of $700,000 was approved from Fund 111, the general fund, and is needed now. This was your commitment, and you must own up to it. Lastly, you should also put back into the landscaping fund the $600,000 the Beautification Association saved in road construction Page 61 September 24, 2002 cost. This request was submitted to the Board in the form of an executive summary on September 5th and has not yet been acted on. Now is the time. There are resident speakers and supporters here from Grey Oaks, Kensington and Wyndemere. We want you to honor your commitments. A person's word is their bond. Thank you. CHAIRMAN COLETTA: Thank you, sir. MS. FILSON: The next speaker is Mary Jo Fausnight. She will be followed by John Leach. MS. FAUSNIGHT: Good morning, Commissioners. I'm Mary Jo Fausnight of Wyndemere Homeowners Association, and I'm here representing as Board of Governors. For 20 years the residents of Wyndemere enjoyed quiet and seclusion by living at the end of a two-lane roadway lined with more than 150 mature mahogany trees. Now those trees are gone, and soon there will be a phenomenal amount of cars and trucks traveling on a six-lane arterial roadway. The earlier plan of Livingston Road was for four-lanes with no landscaping. At that time noise generated by traffic was of great concern to our residents. Ingress and egress was another because our gatehouse was going to be very close to the road. When the plan changed to six lanes, noise and access became even a more concern to our residents. As a selling point, Wyndemere was assured that because Livingston Road would be six-lanes, it now qualified for beautification funding under the Countywide Road Improvement Fund. Wyndemere residents are reaching into their own pockets to the tune of approximately $900,000 for a new entrance, gatehouse, and landscaping inside and outside our wall. This will hopefully soften the blow of the impact the road will have on our community. Page 62 September 24, 2002 We ask that the Commissioners honor what was unanimously approved at that November ! 4th, 2000, meeting, which includes the authorization of the development of the extended landscaping initiative consistent with the County streetscape plan, the provision for allowance of 250,000 per mile for capital and 50,000 per mile for maintenance. These figures are consistent with the general scope and basis of the other character zones. Also, we ask that you designate the Livingston Road corridor from Radio Road to the Lee County line as a major arterial roadway qualifying for beautification funding. At this point in time to do anything less would not be completing this road project. Thank you for your consideration. MS. FILSON: The next speaker is Mr. John Leach, and he will be followed by Gus Nichols. MR. LEACH: Good morning. I've also been here before talking about the MSTU. And I think you know our position on Grey Oaks regarding that subject. However, I would like to say that it is the unanimous opinion of both the board of which I'm on of the Grey Oaks Homeowners -- Estates Homeowners Association that we support what has been said so far by the folks of Wyndemere. Now, not to repeat what they have said so far, I'd like to add one other thought as you process this request and that is to step back for a moment and just ask, "Well, why do we have six-lanes of Livingston Road?" That's not something that we in Grey Oaks or in Wyndemere or elsewhere requested. This is to provide an arterial thoroughfare for the residents of Collier County. So it's going to be Countywide residents who will -- and from without who will enjoy the use of this road. So there's going to be a lot more traffic coming down this road. Now, it is my contention that this traffic is going to cause a lot more noise. There's a beautification aspect of this, but there's also a Page 63 September 24, 2002 noise abatement factor which I think needs to be considered. And the traffic, the noise is coming from traffic from the County and outside of it. And so I would request that you give consideration to landscaping as a way -- as Commissioner Fiala said in the very first meeting that I was here, landscaping has been proven to slow down traffic on roads. So I would ask you to give consideration for landscaping for that purpose, which will entail or, in mm, reduce the noise factor. And also, the landscaping immediately adjacent to the road will absorb some of the noise that will be going into other residences. We at Grey Oaks don't have this big wall that was constructed, I believe, at County expense on the east side of the road. We have nothing. So I would suggest that landscaping is there for another purpose other than just beautification and pleasure, which is nice to have. But I think there's a much more -- another important utilitarian value for the landscaping itself, which I think is an obligation of the County to supply not necessarily the individual residents of one area that probably did not request, would not have requested or even desired to have the six-laned road passing by their residence. Thank you. MS. FILSON: The next speaker is Mr. Gus Nichols. He will be followed by Dr. Carl, and I know I'm going to get this one messed up, Sheusi. MR. NICHOLS: Hi. Wyndemere Country Club. My name is Gus Nichols. I reside in I agree completely with the previous presenters, and I would like see the Commissioners honor their previous commitment. Thank you. MS. FILSON: Dr. Carl Sheusi. He will be followed by Charles Zinn. Page 64 September 24, 2002 DR. SHEUSI: I'm Dr. Sheusi, a resident of Kensington. In an attempt to conserve time and avoid repetition, I concur with the people from the previous community. MS. FILSON: Dr. Charles Zinn, and he will be followed by Wayne Spielman. DR. ZINN: I'm Dr. Charles Zinn from Kensington representing the Kensington Homeowners. In the essence of time, we concur with what's already been said. Thank you. MS. FILSON: Mr. Wayne Spielman. Kenneth Finn. He will be followed by MR. SPIELMAN: I'm Wayne Spielman. And, of course, I will echo everything that was said previously. And in an effort to be brief, I'm going to waive my rights to say anything further. Thank you. MS. FILSON: Mr. Kenneth Finn. He will be followed by Nelson Gearhart. MR. FINN: My name is Kenneth Finn, I'm a resident of Wyndemere, and I echo the sentiments of the previous speakers and urge you to honor your obligation and commitments that have already been made. MS. FILSON: Nelson Gearhart. He will be followed by Jim Galton. MR. GEARHART: My name is Wilson Gearhart. And I also echo the sentiments that were already spoken to by the other speakers. MS. FILSON: Jim Galton. He will be followed by Thomas Erbach. MR. GALTON: I'm Jim Galton, a resident of Wyndemere. I concur wholeheartedly with what the previous speakers have said. Thank you. Page 65 September 24, 2002 MS. FILSON: Thomas Erbach, and your final speaker, Robert Greenspahn. MR. ERBACH: My name is Thomas Erbach, and I live at Wyndemere, 102 Edgemere Way South. And I would waive my time and concur with everything that has been said on behalf of planting Livingston Road. Thank you. MS. FILSON: Your final speaker, Mr. Robert Greenspahn. MR. GREENSPAHN: Bob Greenspahn. I live in Kensington. Naturally, I agree with everything that everybody else said. But I'd like to remind you about one thing, September 5th, I believe it was when we had the meeting here and found the faults that happened due to the fact that the developers got involved and the residents didn't get involved. Okay. You had some good ideas, the 50 percent plus one, making sure that the -- if the developer does make the suggestion or make the commitment that we will pick up the tab. Even if the property isn't sold, I think there should be a warning to the new people who are coming in, and I mean a warning like from the Federal Government, you know, on-your-labels warning, not in that small print that I can't read without a magnifying glass, but make sure that this won't happen to you again, won't happen to us again. Because I think it's very, very important if the developers make a commitment, they should be stuck with it. Thank you, very much. CHAIRMAN COLETTA: I think everyone on this Commission agrees with you, sir. MS. FILSON: Commissioner Chairman, I have one final speaker -- CHAIRMAN COLETTA: Please. MS. FILSON: Mr. William Hagman. Page 66 September 24, 2002 MR. HAGMAN: My name is William Hagman. I'm a 15-year Wyndemere property owner and a full-time Collier County resident. I guess I'm speaking somewhat in the summarization position. In the September 5th workshop on landscaping, there were seven requests for financing landscaping that were approved by previous Boards. These requests included Livingston Road. It is my understanding the present executive summary advocates funding only five of those seven requests. Livingston Road has not yet been approved in the current executive summary. Rhetorically, I raise the question why the delay in releasing these funds? Livingston Road was previously approved by the BCC, previously agreed to by Staff and is just as worthy as any of the five approved and is rapidly heading toward dedication time. I respectfully ask your renewed approval for funding of the Livingston Road Phase 2 only beautification request. Thank you. MS. FILSON: That was your final speaker, Mr. Chairman. CHAIRMAN COLETTA: Thank you. We'll go first to Commissioner Fiala. COMMISSIONER FIALA: Thank you. As the Board well knows, I'm a great proponent of median landscaping. I have been. I worked on Naplescape for many years on their Board. And so I learned a lot about the importance of median landscaping. I think on this particular road, especially as we introduce it this highway, if you will, that's going to connect Lee County with the east end of the County, I think it's important to prepare this road immediately rather than let it languish. I think that -- I love to see the Kensington and Grey Oaks and Wyndemere people coming together in their support of the landscaping. I agree with Mr. Leach completely that the landscaping will absorb a lot of the noise that will be generated from this roadway, and that's an important factor. Page 67 September 24, 2002 As I stated before, it's a safety factor as well, and we all know that it reduces speed to some degree. So I agree with the $700,000 moving forward and getting this landscaping in place. I -- in fact, I would like to make a motion to that effect. MR. MUDD: Mr. Chairman, if I may interject? CHAIRMAN COLETTA: You may. MR. MUDD: You need to tell me what fiscal year you want me to put this in. CHAIRMAN COLETTA: We haven't got through the motion yet. COMMISSIONER CARTER: We haven't even got a second yet. MR. MUDD: Because this is not in the budget. I would just point this- CHAIRMAN COLETTA: I know. That concerns me. But we have a motion on the floor. COMMISSIONER FIALA: Uh-hum. CHAIRMAN COLETTA: And without a second, it fails. But we can come back to that motion or a different one. But I'd like to hear from Mr. Feder a little bit. I'm very, very concerned about what we're trying to accomplish as far as roads go, our objective and how something like this -- if we suddenly interject landscaping, which we all agreed before that we were going to put off to one side or try to minimize. Mr. Feder? MR. FEDER: Mr. Chairman, again for the record, Norman Feder, Transportation Administrator. I got a few issues that have been raised here and I'll just put it on the table. I'm not trying to defer to the Board, but the direction does have to come from the Board. Essentially, what you have is a process that we're going through, especially when you're talking 2000 employees come aboard. We're looking at, what is our program? How are we going to move Page 68 September 24, 2002 forward. Community character is being looked at. And the proposal we were making Countywide for all of the road network was basically tree lined, trees along the side of the road and down the median as well. So the concept you have here when you hear the 250,000, that is for tree lined and the discussion, as was noted by folks, of setting up the MSTU with any enhancement above and beyond, which is also in your November 14 agenda package. So I think in going in and formulating the initial MSTU, that was their understanding that the County was going to try to tree line the roadways, that anything above and beyond that more extensive landscaping which they desired they had worked through a committee they had even before the MSTU and it worked with some design to go above and beyond that. Then, of course -- oh, shortly after that all that program was tied to a work program developed based on proceeds out of a half penny sales tax. When that half penny didn't pass, we came back to the Board. The Board's instruction was we still need to move on the capacity project, but we need to pull away from 44 million worth of enhancement. And a portion of 44 million, of course, was the concept to go into an aggressive -- I think we're looking at five miles a year of landscaping and then maintenance of that landscaping. I knew from the day I came here I didn't want to build roads, put in what we have as a basis here, which is basically irrigation sleeves and grass, green sod of the type, and leave it at that. That's not what the community has been looking for. But at the same time, I think probably the Board said we have to focus on capacity. After that time, of course, more and more of that pressure came up as we opened up sections of roadway without the Page 69 September 24, 2002 landscaping. And that was the genesis of a number of requests that came to you in your workshop. The issue of gateway is important. Obviously, Livingston Road for many reasons, I'd love to see it landscaped, not only those cited correctly so by Commissioner Fiala that it helps absorb some noise, it tends to slow people down. It has some traffic calming and safety factors. It also helps to maintain the access control up and down the corridor. And this was designated specifically as a controlled access corridor as you did with 951. It is a gateway to the community. There's no question that this is an item that was long debated out in front of this community, and it's coming forward. I would pull back at least personally from any statement that they were committed to be landscaped when it went from four to six decision. But I would not pull back from the desire or the interest in making this a landscape corridor. The bottom line comes down to dollars. That's where the policy shift got -- was created. That's where the policy shift, if it's going to be changed, was brought to the workshop and needs to come back from the Board. I hope I've answered your question, sir. COMMISSIONER FIALA: I just hope that everybody I was -- I'm trying to support in this, by the way, supported us when the tax came before us before. I hope it was just other people that didn't want landscaping. COMMISSIONER CARTER: That's always the case. It's always the other people. CHAIRMAN COLETTA: I'm going to ask you to keep pushing your buttons there so we can keep everybody in order. COMMISSIONER FIALA: Oh, I just had to insert that. I'm sorry. Page 70 September 24, 2002 CHAIRMAN COLETTA: I know that. Commissioner Henning's been waiting very patiently. Commissioner Henning? COMMISSIONER HENNING: What action did the Board take in November of 2000 in dealing with this? MR. FEDER: November 14th, 2000, as I read it basically, the direction was that we continue the concept that had been developed before that before I came here was the Naplescape concept we brought forward based on public petition to look at landscaping throughout the County, in particular, along this corridor the concept of Naplescape. And this is the way it's eligible. What Naplescape provided for, as I mentioned and now referred to by Commissioner Fiala on this one, but basically it said that you have gateways that are eligible for gas tax money because it's a gateway. You have other sections of the principal arterial that are eligible for Fund 111, the general fund there. And it defined what type of facility is eligible for what level -- what nature of funding source. It also said that the goal would be that you have two projects a year. But what it didn't do that I can see and anything I've seen from the record is establish the funding for specifically two projects a year. It just says what funding sources would be used, and it never really got to that point. I think then it was raised as sort of a son of Naplescape. It was two different design concepts being done along the corridor. So we brought forward, "Let's get an engineer, design what should be in the landscaping and bring that back to you to get approval for funding," and that anything above and beyond what we do relative to those two different concepts that were being developed we said would have to be funded by a MSTU. So we did ask for direction to basically follow up on Naplescape concept. We asked direction to go out and get an engineer to design - - define what we should be trying to do. And basically we're looking Page 71 September 24, 2002 at probably following through on the community character tree line, which is 250,000 a mile. That's why it's in that write-up and then came back to you for funding. Other issues came forward at that time, then the emphasis on the half penny and there was no follow up to that specific item. COMMISSIONER HENNING: The -- in 2000, I believe that we all knew that we had some funding shortages for transportation network. And I find it hard to believe that the Board of Commissioners would recommend or identify funding sources knowing the shortfall. So -- MR. FEDER: Well, what I would read to you to your question, the exact recommendations as Jim just provided me were, "To designate the Livingston Corridor from Radio Road to Lee County line as a major arterial roadway qualifying for beautification funding from the Countywide Road Improvement Fund, Fund 111." Number Two, "Authorize the use of Fund 111 MSTD for the procurement of a professional landscape design consultant for corridor-specific concept plan consistent with the guideline in the Collier County Streetscape Master Plan." Number Three, "Authorize the development of an expanded landscape initiative consistent with the Countywide Streetscape Master Plan with any extraordinary costs to be funded via the formulation of and MSTBU, and authorize the necessary budget amendment and any other required documentation consistent with the Board's intent and direction." The focus was on developing the engineering analysis, but the emphasis was also to try and continue forward and proceed forward with the Naplescape concept. And we specifically identified, based on tree line, about 250,000 in capital and a portion in maintenance as well. Page 72 September 24, 2002 CHAIRMAN COLETTA: If I may help to move this along a little bit and possibly just for discussion purposes, I'd like to make a motion that we accept Staffs recommendations not to fund additional landscaping enhancements along Livingston Road corridor and direct Staff to work with any interested local community or citizen initiative for future landscaping enhancements outside the County budget process. COMMISSIONER CARTER: discussion purposes. I'm going to second that for CHAIRMAN COLETTA: Okay. So we have a motion by myself, Commissioner Coletta, and a second from Commissioner Carter for discussional purposes. We're going to go first with Commissioner Carter and then with Commissioner Coyle and then Commissioner Fiala. COMMISSIONER CARTER: I'd like to make three points on this. First of all, everyone is here that wants what you want. I totally understand that. I initiated, when I came to this Board out of the focus groups that were back in the mid, mid 90's, to get the community character. And by 2002, we are coming off, I'm going to call a high, from doing that study, from that coming forward to a overall acceptance by the Board of County Commissioners to take a look at community character of which this is all a part of the enhancement, beautification for your community. Now -- and part of it was the gateways and the visuals and the everything else. And we then prepared, "How do you fund this?" You see, I've heard words like commitment. Well, we didn't really say that. We said it would qualify. A lot of things can qualify, but it didn't say it would be funded. We said that we had a mechanism we would suggest and use, but it wasn't funded. So we came to the community with a half penny Page 73 September 24, 2002 referendum that not only talked about blacktop, it talked about sidescaping. It talked about all the enhancements. And what I would suggest to you, you have to go and ask, "Who are the initiators that defeated this? Who took the charge to defeat this so that today you're in front of us asking for something that you want, we wanted and we don't have it?" So that's a big question that only you can go and research, and I suggest you take a hard look at, because every Board has to revisit decisions. And that's what we had to do, because we came out of the half penny defeat and said, "What do we do to build a road network?" And that's our top priority. We can get the blacktop down. We can follow through and stay on a road program to build the collectors, to build the arterials, to do the intersection improvements, and all the things that everybody wants. We can do that. But there's a cost. And the cost was, we can only do minimal landscaping. We can put in the lighting. Sure, we'll do minimal, and we'll set the scene for where it can be enhanced. We can put the sleeving in for the median beautification, but you don't have the trees and you don't have everything else, because at the end of the day what we're doing is putting down grass. So we had to meet the basic needs for the things that we want and stay with the things that we absolutely have to have and that is to build roads. And that is a top priority of this Commission. So what do you do from here? Because everybody wants something. This is a whiffing factor. Everybody wants something. And at the end of the day what you really want is to protect your neighborhood, protect your property values and to make it a pleasant place to be. I totally understand that. Everybody wants that. So the question is, how do you meet the need. And what I'm going to say to everyone and to the Board is, it seems to me it's going Page 74 September 24, 2002 to get back to public/private partnerships where you can -- and what is the public doing? The public aspect is, we're staying with the six- lane arterial, which has always been on the plans, by the way, and nobody really ever paid any attention to that. That's the public side of it. That's the Board's, in my judgment, decision to go after that, to support the funding to get you there. The private part of it is going to have to come through MSTU's or the developers along these whole corridors because they have an investment here, too. The ones that are coming, if they want it to look better, they're going to have to help pay for it. And why do they want to do that? They want to sell the project inside the gate. So I think that's where we're going to be, public/private partnerships to get us to where we really want it to look like and a Board that says, "We only have limited funds." And until this community at some point in time helps establish additional revenue streams which may be some form of, quote, taxation that you make the decision on and you go out and support at the polls and you say, "This is what we want for our County," it's not going to happen otherwise, because a Board has limitations. And the Board can only live within a framework of those limitations. And that's where we are today. CHAIRMAN COLETTA: Impressive. Commissioner Coyle? COMMISSIONER COYLE: A couple of questions of Staff?. The issue of an MSTU was raised back on December 12th, 2000, when this was considered by the Board of County Commissioners, as I understand it, and that the County Manager at that point in time was directed by the Commission to go back and work with these groups, who were the homeowners groups, and come back to us with a proposal. What was that proposal? Page 75 September 24, 2002 MR. FEDER: The proposal was to formulate an MSTU, but also in between that time there was an evaluation of what we're going to try to add in as landscaping and find out what happened with the half penny. There was some documentation before we told the group, you know, "We can't define what is going to be your role and responsibility on MSTU until we know what our base level of work is." And we went after the half penny. And after that failed, then we came back. And that's when the MSTU was officially formed knowing that we had to pull back from even our tree lined provisions that we were seeking to do. COMMISSIONER COYLE: So the Livingston Road MSTU was formed, and then recently we were asked to unform it; is that essentially the case? MR. FEDER: That is correct, sir, relative to some issues of concern that representation was not necessarily for the homeowners but the developer, yes. MR. MUDD: Commissioner, Jim Mudd, for the record. What you basically told us at the workshop was to go back with the MSTU and talk to them, that there were some issues about representation. I'm talking specifically about the Livingston -- the Livingston II Beautification MSTU. And it supposedly represented Kensington, Grey Oaks and Wyndemere. And we found out through testimony that it was a little -- it was a developer set up basically in Kensington and Grey Oaks, and that's what basically came out in testimony. You told us to go back with that group with the MSTU Committee, figure out what they wanted to do. They presented their case at the 18 September Budget Hearing, the second one. And they asked that there be no millage that would be assessed against that MSTU for this year and that their -- the fee for street lighting -- Page 76 September 24, 2002 enhance street lighting to the tune of about $228,000 be put as far as a loan with collecting interest. And they would come back to us in a year and tell us how they were going to pay us for that particular loan and the principal, interest and principal on that loan. And there were some conversations between developer representatives as far as paying their appropriate share of that bill during that particular hearing, going back to the workshop and that brings us all the way through the Livingston II MSTU. So it is dormant for a year. It has a zero millage for this year, and they are trying to figure out how they're going to pay their $128,000 bill for enhanced street lighting for this next year coming online. But let's go back to the workshop for landscaping. You also -- the Board also told us, directed Staff, to go out there and survey the taxpayers during our annual survey to figure out how they feel about a Countywide, unincorporated Countywide, and I make sure I specify that in the urban area-, okay, type thing to see how they felt about having a Countywide unincorporated urban area MSTU in order to deal with landscaping. We're doing that. We're setting that up. You have to understand that our survey results are coming to us, because the survey was completed in July by Mr. Molky and the crew and the League of Woman Voters to help in order to do that. Our dilemma right now is to -- it won't get put into a survey until July next year. We're going through the process of trying to get an intermediate survey to try to look at that particular issue specifically so that we can get some direction and get that moving so that next FY for the budget we can come back to the Board with -- with the results and see what you want to do as far as landscaping any unincorporated urban area of Collier County. Commissioners, we're also going to take that back to their constituents in Marco and Naples to see if they wanted to be part of that effort. And that's ongoing as we speak. Page 77 September 24, 2002 You also told the Staff to come up with a standard, okay, what we want the arterial standard to be, also told us to look at collector roads. Okay. And it was kind of discussed but not directed that we come out for a standard for that. The Board was kind of looking at collector roads being a neighborhood kind of issue in what they wanted to do. But you directed us to come up with a standard for arterials on those six north -- six north, south; six east, west and to lay that back on and talk about cost and things like that. And the Staff is doing that right now and that was envisioned to take the process of this next FY in order to do that. COMMISSIONER COYLE: With respect to the construction that's going on now, are the medians being prepared for enhanced landscaping in the future? Are the sleeves being installed-- MR. FEDER: Yes, they are. COMMISSIONER COYLE: -- the electrical sleeves? MR. FEDER: And the soil as well, yes. COMMISSIONER COYLE: And how about for street lighting? MR. FEDER: The street lighting, of course, we had started to proceed on standard street lighting, and at the request of the MSTU, we had moved to decorative. And right now I guess -- MR. MUDD: Do it decorative. MR. FEDER: -- going -- continuing with the decorative, MR. MUDD: Because that's that 200 and -- and just so I'm not stepping on Norman, that's that $228,000 in order to -- we presented that to the Board at the 18 September hearing that if we cancelled that project right now, it could cost us about $160,000, if I remember my - - I think it was 156. But every minute -- everyday you wait, it costs us more to cut the contract off and stop it right now versus $228,000 to see it to fruition. Page 78 September 24, 2002 So what would have happened to that MSTU and the people that are part of it, they would have to pay for something that they didn't receive to the tune of about 160,000 or they pay an additional 60,000 and their fair share and they get the decorative street lighting that they had wanted when they asked the Board for that commitment back in July. COMMISSIONER COYLE: So we're moving ahead with the decorative street lighting? MR. MUDD: Yes, sir. COMMISSIONER COYLE: Okay. Okay. CHAIRMAN COLETTA: Through the MSTU, right. MR. MUDD: Yes, sir. That was the piece where they said they wanted that loan to go for another year with interest and they would come back to tell us how they were going to pay for it at the next budget cycle. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: I just want to say that the people in Wyndemere had full knowledge of the MSTU. And I feel sorry for them that their neighbors did not have that full knowledge. The problem, I took a look at Fund 111. The only thing that we can do, since we set the millage rate, we can't raise it. And I have problems with that without having the taxpayers of Collier County giving us the nod to do that is to cut out something else. Everything else has been funded. So I have a problem having to -- making that decision of cutting something else for the landscaping. And though I believe that this is very much a part of the community character and I will be -- and I hope the other Commissioners take a look at what we can do in future years, like next year, to see what we can do about putting landscaping on this segment. CHAIRMAN COLETTA: Commissioner Fiala? Page 79 September 24, 2002 COMMISSIONER FIALA: Yes, thank you. And it goes into -- oh, I have so many things to say right here. First of all, I think we need to consider a Countywide MSTU. That is the second best thing -- the sales tax would have been a way to distribute it fairly amongst the whole County for sidewalks, for landscaping, for bike paths and so forth. We didn't get that. And I hope everybody's happy that we didn't get that, because they voted that way. Conversely, we can consider a Countywide MSTU in the future. But right now I wonder if this -- if these communities who seem to be coming together would be agreeable to funding half of the expense to put in this enhanced landscaping. And if they would be -- if they would commit themselves to paying half of what we need to landscape that properly now as we introduce this roadway, we can then make a motion to designate it a major arterial road, thus qualifying for the Beautification Enhancement Funding to pay the other half. How does that sound? Sounds good to me. CHAIRMAN COLETTA: Well, we still have a motion on the floor. We have to dispose of that. I still stand by my motion, because I -- anything that we take from one thing and we put it into another, we're just robbing Peter to pay Paul and we're setting a precedence that never ends. That's my concern right at this point in time. Is there any other discussion that's before us? And hearing none, I'll call the question. All those in favor indicate by saying aye. Aye. COMMISSIONER CARTER: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? COMMISSIONER FIALA: Aye. Page 80 September 24, 2002 CHAIRMAN COLETTA: And the opposition vote would be Commissioner Fiala. COMMISSIONER FIALA: Sorry. CHAIRMAN COLETTA: Thank you. I tell you, it was quite a wrestle with our conscious here in trying to come up with what was fair for everyone. And you Commissioners have to be commended for doing the right thing and your concems very much were weighed forward. Let's go on to 10A, Adopt a Resolution Authorizing the acquisition of Condemnation of Nonexclusive -- go ahead, Mr. Mudd, I'll let you take it from there. Item # 10A RESOLUTION 2002-416/CWS 2002-04 AUTHORIZING BY CONDEMNATION OF NON-EXCLUSIVE, PERPETUAL UTILITY INTERESTS BY EASEMENT FOR THE CONSTRUCTION OF A FORCE MAIN AND PUMP STATIONS INTERCONNECT PROJECT BETWEEN THE NORTH AND SOUTH WASTEWATER COLLECTION SYSTEMS - ADOPTED COMMISSIONER HENNING: Motion to approve. COMMISSIONER CARTER: Second. COMMISSIONER COYLE: Second. CHAIRMAN COLETTA: Okay. We have a motion to approve from Commissioner Henning and a second from Commissioner Coyle. MR. MANALICH: Mr. Chairman, before we go to the vote, I believe for the record we just need to make a very brief record for purposes of the condemnation aspects of this. CHAIRMAN COLETTA: Go ahead. Page 81 September 24, 2002 MR. DELONY: Sir, for the record, Jim DeLony, Public Utilities Division Administrator. This is a follow-on resolution to the 30 July, 2002, resolution that authorized Staff to acquire by gift or purchase the necessary rights and interests required for six-mile wastewater interconnect from the north plant to the south plant. The tentative day's resolution before the BCC is to provide the ability, if needed, to initiate condemnation proceedings, which will enable us to meet our much-needed deadline, construction deadline, of 2003 in December. This is -- this important interconnect project will allow us to move wastewater flows between the north and south plants, which will allow us system flexibility and redundancy in our operational reliability. The full length of pipeline project is approximately 33,000 linear feet for about six miles, utilizing existing right-of-way for all but five parcels totaling only 762 linear feet for about 2.3 percent of the project. The pipeline easements are on the east side of the roadway and will be along the roadway frontage of the parcels. There is also an easement requirement for a pump station on Vanderbilt Road east of Logan Road. Sir, that's all I have with regard to this project. If there's any questions? COMMISSIONER CARTER: I call the motion Mr. Vice Chair. COMMISSIONER COYLE: Mr. Vice Chair? COMMISSIONER HENNING: Oh, I'm sorry. I call the motion. All those in favor of the motion signify by saying aye. Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER CARTER: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Any opposed? Motion carries 4, O, with Commissioner Fiala absent. Thank you, Commissioner Carter. Page 82 September 24, 2002 Next item? Item #1 OB OPTIONS REGARDING AN AMER/CAN LEGION HALL ON THE SOUTH IMMOKALEE NEIGHBORHOOD PARK PROPERTY- STAFF RECOMMENDS ITEM #4 AS OUTLINED IN THE EXECUTIVE SUMMARY CHAIRMAN COLETTA: The next item is 1 OB concerning the American Legion Hall on South Immokalee Neighborhood Park. MS. RAMSEY: Good morning. For the record, Marla Ramsey, Parks and Recreation Director. I have on the visualizer for you a photo of the South Immokalee Neighborhood Park to show you the location of the building that -- in reference which happens to be the building right here in the very front. On July 30th of this year, the Board of County Commissioners gave Staff direction to meet with a Mr. Albert Lee of Immokalee on a request to deed the church to the -- deed the building to the church so that they are allowed to continue to use it on a lease basis. What we have done and we also have directed Staff to come back with some options in regards to try and find a permanent solution to the building itself. And I have involved in this long executive summary a number of options for you. I'm not sure if you want me to go into a long detail or give you a short synapse. COMMISSIONER CARTER: I vote for a short synapse. CHAIRMAN COLETTA: Why don't you give us the short and then we'll ask questions. MS. RAMSEY: Okay. The short synapse: There's four various options that we came up with. The first one would be to demolish the Page 83 September 24, 2002 building with the expense of about $4,000 coming out of the Immokalee Park's General Fund 111. The second option would be to deed the building to the church and require the church to move it off of sight. Expense to the Park's General Fund 111 would be again about $4,000 to make the improvements once the building is gone. The third option would be to repair the building at County's expense with the expenses coming from Fund 306, which is the General Fund 111 in the rune of approximately $37,000 and then to lease the building to the church for a $10 per year for a five-year period as a revenue source. The fourth option would be to require the church to repair the building and then lease it to them. The expense of that to the Parks Department would be none and there would be about a $50 revenue source over a five-year period. I do have with me a number of photos that show you the existing building a little bit, a little closer and points out some of the areas that are code violations as the building currently stands. I can go over some of those if you wish me to or I can just slide it along and let you take a peak at it. CHAIRMAN COLETTA: I think we got a pretty good idea, and I think that we're getting some good direction on this. If we could, if I may interrupt you for just a moment. MS. RAMSEY: Yes, sir. CHAIRMAN COLETTA: What I'd like to do is bring Albert Lee up to the other podium over here. Albert, where are you? Will you please come up to this other podium and maybe we can move this thing along. My suggestions and I talked to Albert yesterday and I think that his thoughts are very clear on this also is that we go with Item Number Four, which requires nothing on the part of the County for a Page 84 September 24, 2002 dollar commitment, but it would give the ability for the -- for Albert Lee, American Legion, the church, for other entities within Immokalee to be able to still utilize this building under, I guess -- the American Legion. Would they still be the person, Mr. Lee? MR. LEE: No, sir. What we're hoping is that the American Legion is no longer active at this time. CHAIRMAN COLETTA: Uh-hum. MR. LEE: The Victory in Jesus Christ Church is one of the organizations that is willing to accept the responsibility of taking and being in control. Now, that don't mean anything as far as the community's concerned on who, where and how it will be used. We have to have someone in charge. The building -- and I don't know where some of those films come from. That's probably when it was really in bad shape. I don't see it at the present right now as being in that bad of shape. What we're hoping to do is whatever the building needs along with other parts of the community getting it fixed, getting it up to code that any building that was built in -- during the 60's would qualify for. Beyond that, we don't expect to have the County to come in and do something this year that they got the chance next year. When it gets to the point it's falling down, then we like to help the County dispose of it. But at this time the community has a lot of use for it. And they're not asking the County to do anything but allow them to use it. CHAIRMAN COLETTA: Mr. Lee, I would have to conform eventually with code. There's no two ways about that. We can't exempt any organization, building, family or individual from code requirements. With that said, I think that we can probably come up with a grace period for the corrections to be made to this building. And what I would suggest is that we go with Item Four and that we give Page 85 September 24, 2002 the church the ability to be able to make these repairs, work within the community. I'll personally work with them to try to raise the monies to do it and to get people involved into renovating this building so it becomes an asset once more for Collier County for the use of this organization. We give them a lease of whatever standard, reasonable times are with an option for renewal at $5 a year so that we -- is that the amount that's in here? MS. RAMSEY: I think the standard is ten. CHAIRMAN COLETTA: Okay. Well, double the money, $10. I'll pay the first year's lease, by the way. COMMISSIONER HENNING: I make a motion on Commission Coletta's idea. COMMISSIONER FIALA: And I'll second that. COMMISSIONER CARTER: Second. COMMISSIONER FIALA: A lot of seconds. CHAIRMAN COLETTA: Okay. So we have a motion. And we'll come right back to you, Mr. Lee. Motion from Commissioner Henning and a second from Commissioner Fiala. Any other comments that you have for us before we take a vote? MR. LEE: What I would like to do -- CHAIRMAN COLETTA: I'm sorry, Commissioner Coyle. MR. LEE: What I would like to do is thank you-all for even considering the whole thing. And we, the community of Immokalee, along with everything else that intend -- everyone else that intends to use this building, again, do thank you. CHAIRMAN COLETTA: Oh, no. We thank you for being so interested. And I'd like to volunteer every one of my Commissioners to come out there for a weekend and do a cleanup. How's that? MR. LEE: I will not ask you to do that. CHAIRMAN COLETTA: Smart man. Page 86 September 24, 2002 MR. LEE: That may be asking too much. CHAIRMAN COLETTA: Okay. COMMISSIONER FIALA: Politically correct. CHAIRMAN COLETTA: Commission Coyle? COMMISSIONER COYLE: Just in the interest of full disclosure, sir, are you going to have a problem with the $500,000 liability insurance that will be required if you keep the church on the property? MR. LEE: Sir, again, I don't know why I keep having some problems. It's not the church. They may not never have church in the building. It's for meetings. It's for groups that would like to meet. We've been talking to Weeds and Seeds. They would like to utilize the building. We're trying to get Habitat to come in and do some of the restructuring and whatever is needed of the building. So we have views on where we want to go. But, you know, we don't want to tear down and destroy and whatever. That building was in Immokalee when I came to Immokalee, was moved where it's at now in the early 60's. So it has some -- we ought to be trying to preserve it somewhere in Naples to make it -- COMMISSIONER COYLE: Historical. MR. LEE: -- a historical sight. COMMISSIONER COYLE: Yeah. Well, the reason I raise that issue -- MR. LEE: But have to -- we will, to answer your question directly, whatever it takes to come up with the insurance. And we hope not to be treated any different than any other organization that utilize or uses County property for that purpose. COMMISSIONER COYLE: Okay. MR. LEE: If you treat the others like that, you treat us the same way, we won't have no problem. COMMISSIONER COYLE: Okay. Thank you. Page 87 September 24, 2002 CHAIRMAN COLETTA: Okay. call for the question. All those in favor indicate by saying aye. COMMISSIONER CARTER: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: The ayes have it 5 to 0. And with that we're going to take a break for lunch. MR. LEE: We thank you very much, sir. CHAIRMAN COLETTA: Thank you, Albert. One hour. COMMISSIONER FIALA: Okay. Thank you. Thereupon,(A recess was had froml2:00 p.m. to 1:00 p.m.) MR. FEDER: For the record, Norman Feder, Transportation Administrator. CHAIRMAN COLETTA: Uh-huh. With no more questions, I'll Aye. Item #1 OD STATUS REPORT OF THE INTERCHANGE ENHANCEMENT RECOMMENDATIONS REQUESTED BY THE GOLDEN GATE/I-75 AD HOC BEAUTIFICATION COMMITTEE- APPROVED WITH INITIAL FUNDING, SECURE GRANTS FOR ADDITIONAL ENHANCEMENTS MR. FEDER: 1 OD is dealing with the 1-75 at Golden Gate Parkway interchange enhancements. Very quick background, as you remember, when the Board of DOT looked at establishment of an interchange at 1-75 and Golden Gate, they needed to get a lot of commitments from them, and from us, that we would maintain it as a residential interchange as part of the approval process with Federal Page 88 September 24, 2002 Highway, that we wouldn't mm this into another activity center, if you will. The Board established that commitment consistent with maintaining the residential nature and -- of the interchange. As part of that, an advisory committee was set up. The 1-75 Golden Gate Parkway Ad hoc Beautification Committee. That committee was set up in February of 2001. They had quite a few meetings. They met with Board of DOT. They tried to secure what they could for the funding from the state. In your package, you'll find that they did secure essentially 874,000 for what amounts to hardscape and -- and landscaping of the softscape improvements. Of that fund, I would call your attention to the fact that DOT maintains a 20 percent contingency, and so that left about 728,000 actually available to the work. The overall project was three million - - 1,369,000 as proposed by the committee for all of the different improvements and, of course, the county and the City of Naples and others on the committee. That leaves a shortfall, overall, of 495,000. And in your agenda package, there's a highlight of three major things that would not be funded without the commitment from the Board of 495,000, which is what is being requested, acknowledging that 100,000 of that, based on the MPO action for enhancement funding has been approved and therefore, $100,000 of that 495, if it's granted, will be coming back. The three items are specifically that on the structure itself, where there is a requirement usually to cage in the walkway so nothing gets thrown off the side of a bridge, if you will, and issues on the East Coast came up with that. They want to set up a decorative mesh, something that will fit better with the community. Total cost of that activity -- and decorative grill work is about $100,000. Page 89 September 24, 2002 The second item was hardscape components, texturing of the bridge pier, the column and beams, for about 70,656, and texturing, painting the bridge itself, 24,378, for a total of $95,034. They also -- the third item was to add 300,000 to the available balance for landscaping of 296,144. That level of landscaping is needed not only for the interchange beautifications internal to it, but to make sure there is adequate screening for the residents in the area, and that's why the proposal there. So effectively, what you've got in front of you, is a little over 800,000 being proposed by the State, 495 being requested of the county, with 100,000 of that under the enhancement to be reimbursed later. CHAIRMAN COLETTA: We'll go with Commissioner Fiala first, and then Commissioner Henning and then Commissioner Coyle. COMMISSIONER FIALA: Thank you. I remember at the time when we were talking about this -- this -- what do you call -- interchange. Sorry about that. It's right after lunch. And we promised the residents at that time that we would -- that we would not just leave it as a -- as a plain old ordinary interchange that -- that is very unattractive. We said we would keep it green. We would keep it -- we would keep it away from any kind of retail or commercial businesses and -- and we've promised them that. And we need to keep that promise. I see, you know, I don't want to -- I've said it before and I'm going to say it again, I want to do the job right in the first place. I don't want to go back with taxpayers money and say, oh, darn, it looks so bad now, we have to go back and fix it. And that's exactly what we're talking about here if we don't do it right in the first place. Like, for instance, the -- the appearance of chain-link fence. Mesh grill work would be so much more attractive. A chain-link fence is going to last a long time. Let's do it right in the first place. Page 90 September 24, 2002 I feel that we can apply for some enhancement grants here, each year. And we had $100,000 this year. We are not going to be building that interchange for a little bit yet. Let's apply for other enhancement grants, but I think we must do it right in the first place. MR. FEDER: Commissioner, I would like to add, and I appreciate you raising that. The State's project is to start in 2004. In a practical sense, why we're asking for this approval, the budgeting of dollars for all of this work would not be until about 2005 or six, because the work obviously would -- we would want to see that for the interchanges and stuff. COMMISSIONER FIALA: Okay. Well, I would like to make a motion to that effect. And I -- I better make it rather succinct, shouldn't I, saying that I would like to approve, let's see, I might even need some help with this, Norm, because I want to say it right. I want to approve the -- the remaining balance of $495,000 to -- to -- MR. FEDER: Implement the -- COMMISSIONER FIALA: -- implement the -- MR. FEDER: -- Ad hoc Committee's -- COMMISSIONER FIALA: -- enhancements -- MR. FEDER: -- recommendation. COMMISSIONER FIALA: Oh, okay. Thank you. Implement the Ad hoc Committee's recommendations and find funding sources such as the enhancement grants. MR. FEDER: And would you also be asking for us to then -- throughout some of these features, they'll be doing construction, some later, to obviously come back to you with future budget requests to include these dollars as they are needed both for the hardscape work and then for the landscaping. COMMISSIONER FIALA: Yes. Please include that. COMMISSIONER HENNING: And I will second that. CHAIRMAN COLETTA: Okay. Page 91 September 24, 2002 COMMISSIONER FIALA: Thank you. CHAIRMAN COLETTA: Over to you, Commissioner Henning. COMMISSIONER HENNING: I -- I just spoke. CHAIRMAN COLETTA: Would you like to say something else? COMMISSIONER HENNING: Thank you very much. CHAIRMAN COLETTA: Okay. Commissioner Coyle. COMMISSIONER COYLE: I have a couple of questions. Can -- can you explain to me why the beautification of this bridge is different from the beautification of Livingston Road? MR. FEDER: A couple of reasons. First of all, you entered into an agreement sometime back with the State and with the community at large that we were going to do something different with this interchange rather than the Regional Activity Center progression, going half and half on most interchanges, so you have the state contributing funds. When the committee was formed by this Board to come back with what was needed to meet those commitments both to the State and more importantly to the community itself and -- and those residencies in the area to maintain it. COMMISSIONER COYLE: Now, if our-- would-- would the Board, or would the staff recommend that we do the same sort of thing with the Golden Gate Airport Road Overpass? MR. FEDER: I think as part of that project, we are going to come in with some enhancements on landscaping, and as we have mentioned to you on the project as it's been developed, yes, we would to make sure that it fits into the community. COMMISSIONER COYLE: And that would include sidewalks with brick pavers and -- Page 92 September 24, 2002 MR. FEDER: I don't think to that extreme. We are talking right now about some work as you have seen in the development of that design like you have there on hardscape, the treatment of the structure itself, lowering of the lights on the bridge and some landscaping. COMMISSIONER COYLE: Well, I -- I -- I guess -- guess my - - where I'm going with this is -- is that I believe there is a budget amount here to deal with. It's my personal feeling that I think that -- that in view of our -- our crunch for money right now, is that people should live within the budget that is established. And I -- I believe that -- that there also seems to be some uncertainty with respect to what really is required with the statement that the committee would like further analysis from FDOT describing the impact upon the existing buffer and the opportunity to focus on irrigating these areas for future landscaping. My -- my concern is I don't believe that all of the costs have been identified here. MR. FEDER: They're asking the State to go further than what you have here, as well. COMMISSIONER COLE: Yeah. So I certainly would not be in -- in favor of contributing $400,000 to -- to these kinds of enhancements, and I -- I guess it would appear to me that an MSTU is the right way to handle this, since we have taken that position on almost all the other beautification projects. But -- and I'm -- I'm still a little -- little confused about so much money being spent on brick pavers for a sidewalk. I don't know how much -- how much pedestrian traffic occurs going across 1-75 there. Certainly not very much in my opinion. But there -- there would be more likely to be pedestrian and -- and bicycle traffic going across Golden Gate and Airport Road. So -- so there is an issue of precedence here as well as a budget issue, and I Page 93 September 24, 2002 -- I cannot support pouring in $400,000 for -- for these kinds of beautification enhancements. Some of them are very good. Some of them, I think, are excessive. CHAIRMAN COLETTA: I -- I can understand a lot of what you are saying, although I'll weigh a couple of other items in here. One is the fact that we have a considerable amount of money coming in from the State, and we are looking at supplementing this, and I know we will. We'll come up with different grants that will help to bring the cost down. We're talking about years '07, '08 for when we would be actually spending this money. Are we going to appropriate it early and sit on it? MR. FEDER: You'd have -- you'd have some of the funds probably in 2005, probably the balance for the landscaping -- CHAIRMAN COLETTA: Right. MR. FEDER: -- About 2006, maybe in seven. It depends on how long it takes to build the -- CHAIRMAN COLETTA: Well, I can personally endorse -- we'll come back to you in a minute, Commissioner Coyle. We are going to go to Commissioner Carter, Henning, and then come back to you. But what I -- I can endorse this for the simple fact that we got enough time to be able to work on this, and, I think, it behooves the commission to take the responsibility to find alternate funds to start buying this now so the taxpayers aren't going to be burdened with this. And when we get close to that time, we may have an MSTU in place that can pick up the balance of it. But right for this point in time, I am going to put my backing behind this. We'll go to you, Commissioner Carter. Page 94 September 24, 2002 COMMISSIONER CARTER: Thank you, Mr. Chairman. Three questions -- well, one is a statement. First of all, regardless of whether you enhance it or don't enhance it, it is a green intersection, no commercial; am I right on that? MR. FEDER: Correct. COMMISSIONER CARTER: be. Absolutely green as green can MR. FEDER: And -- and with your assistance; correct. COMMISSIONER CARTER: State funding, I would count on that about as much as I would the sky falling this afternoon, and it's probably a higher probability the sky will fall, so I don't really count on that. Thirdly, I would not confuse this intersection with Airport and Golden Gate. Enhancements there over the vanilla version, Commissioner Coyle, I think the enhancements, one, I saw the original numbers and they are not that much different, and there is a video available where you could see both of those. And I won't be here when you make that decision, but if I had to spend additional money, I would do it there, so, like, you don't see our first over/under pass as much as. So I -- I have some concerns like Commissioner Coyle that there may be other options to fund this difference, and I really prefer to stay at the base. Since it is green and there's a timeline where maybe other revenue sources could be found, through whatever comes back, remember, you are going to have a revenue commission out here that may come back, that may find those enhancements through another funding source, whatever those recommendations might be. So at this point, I am not going to support increasing the base. CHAIRMAN COLETTA: Commissioner Henning. COMMISSIONER HENNING: Yeah. And between now and -- and when actually the interchange is functional, I think that that is Page 95 September 24, 2002 one opportunity that we can do, but the commitment from the Advisory Board -- well, first to the state and then -- then from the county, the reason I think this is important for us to do something different, Commissioners, is because I feel it is going to be the main entrance not only to our community, but the City of Naples. And I know that Mayor MacKenzie spent a lot of time on this Advisory Board because of-- of the interest for the City of Naples. MR. FEDER: And I would beg of your indulgence and ask, I believe Pam Lulich is here. I do not attend the Ad hoc Committee's -- Pam and Ed Kant did. And I don't want to not do them justice in presentation to this. I -- I don't know if anybody from the committee or Pam can speak to their version. COMMISSIONER CARTER: While she is coming up, there is another question I have, Mr. Chairman. CHAIRMAN COLETTA: Commissioner Carter. COMMISSIONER CARTER: Is the City of Naples going to spend money on this too? MS. LULICH: They haven't dedicated any money at this point in time, but the reason why the committee has asked for this funding is so that they can seek future grant money. We -- this is all FDOT committed money, so in order to get matching funds, we need that county support. So the -- the MPO grant for 100,000 is a reimbursable grant. So by putting 495,000 forward, we would get 100,000 back. So the net would be a 395,000 commitment. We're looking -- we're looking for the additional 300,000 because we have 300,000 for landscaping. That's a base level of one mile. We also have the interchange ramps and the buffers that they would also like to provide landscaping for. Page 96 September 24, 2002 We have ponds, and then also the -- the -- the side service roads, so those are also areas that the committee would like to look at for funding. MR. FEDER: Mr. Chairman, in lieu, to the Board, I might present an option to you and again, I feel bad not having the committee or the direction from the committee here. But what I would say is that some of the items are what they call hardscape. They need to be put into the design now if that's going to be the design we go forward with. And the mesh issue relative, rather than the -- the -- COMMISSIONER FIALA: Chain-link. MR. FEDER: -- chain-link on the pedestrian feature, which is a total of 100,000 and the other feature that is 95,000, so that 195,000, I think is a more immediate direction we need to get if it's going to be put into the design and-- and I'll defer to Pam. She's been going to those meetings. The enhancement part that we have on the 100,000, I'm sure, can be applied against that 195. So I'll submit to you that maybe the answer to the other 300,000 might be either taken up later or find other funding sources for it, including possible future enhancement funding to fund that. COMMISSIONER FIALA: And I believe that was in my motion, wasn't it? To find additional funding and sources. CHAIRMAN COLETTA: Yeah. But we were still committing to the whole thing and it was an alternate part of your motion. What - - we are suggesting, Mr. Feder is suggesting, is you might want to consider redoing your motion. Of course, it's up to you. MR. FEDER: The first two bullets, possibly with the 100,000 that so far, we have committed out of enhancement to help pay back towards that 195, so the county is only out, unless other funds come, the 95,000 and the other 300,000 in the third bullet, be deferred at this time for evaluation of other possible funding scenarios. Page 97 September 24, 2002 COMMISSIONER CARTER: I could support that. COMMISSIONER FIALA: Okay. CHAIRMAN COLETTA: Would you like to change your motion? COMMISSIONER FIALA: Yes, I'll -- I'll change it to support that, as long as we can continue to go forward with that. MR. FEDER: I think that would allow us to go on with the design. COMMISSIONER FIALA: Uh-huh. CHAIRMAN COLETTA: Commissioner Henning, you were the second. COMMISSIONER HENNING: Yeah. And the emphasis is still trying to find the funding sources for that 300,000. MR. FEDER: For that 95, as well as the other 300 or whatever else. COMMISSIONER FIALA: Yeah. Right. CHAIRMAN COLETTA: Commissioner Coyle. COMMISSIONER COYLE: I -- I need a restatement of the motion. I need to understand exactly what the proposal was. COMMISSIONER FIALA: Okay. That I make a motion to fund the hard costs that are -- initially must be planned for, and that's the $100,000, of course, we already have that $100,000, that will then be used to apply for other grants as needed. MR. FEDER: With all due respect, Commissioner, what I was - - the other thing you might consider is agreeing to fund the first two bullets, which is the mesh rather than the wire, and the 95,000 relative to the texture items on the structure itself, both of which need to be included in the design before they let it for bid. COMMISSIONER FIALA: I'm -- I'm glad you clarified that. That's what I mean when I said hard costs. Page 98 September 24, 2002 MR. FEDER: And also, the 100,000 we have in enhancement already, be applied against that 195 if you chose to do that. And then as we continue to pursue funds for the other 95 reimbursement and pursue enhancement and other funding sources for the 300 or whatever else is requested relative to visual screening and-- and landscaping. COMMISSIONER FIALA: Yes. And that's what I meant by hard costs. I'm glad you said the first two bullets instead, because those things we can't go back and do. CHAIRMAN COLETTA: Commissioner Coyle. COMMISSIONER COYLE: I'm-- I'm still a little confused. Let -- let me try to tell you what -- what I think I would be happy with, and -- and then we'll determine if-- if-- if the motion actually addresses that. There is $446,462 that is already authorized and available from FDOT? MR. FEDER: Actually there is a total of 874,000. COMMISSIONER COYLE: Okay. Okay. So there is 874,000 for the landscape budget for this interchange; is that right? MR. FEDER: Landscape and the hardscape. COMMISSIONER COYLE: Yes. Okay. Now, what-- what I would like to see is that 870 something thousand dollars be spent on the things that are the hard costs that cannot be revised later on, and that money will be expended first before we start talking about any more money to do additional landscaping items. That's where I'm coming from. My -- my problem is -- is -- is committing money that we currently don't have for a project, four years from now, the costs of which haven't been totally determined and the ability to get state funding and grants hasn't been determined. So -- so what I would -- this -- I guess it can't be an alternate motion until you -- until you vote on this one, but my -- my idea Page 99 September 24, 2002 would be to take the 870-something dollars and spend it on the things you really think are necessary. And then let us spend the next three or four or five years trying to get grants to do the stuff that is nice to have, and rather than committing today that we are going to give -- give you $400,000 to spend on -- on whatever. MR. FEDER: Commissioner, just for the point, and I appreciate what you are saying, the 875 is coming as committed from DOT and it's in the third year, so it should stay there, and they have to address that. They've made the commitment. As to the other, the two items, the first two bullets do deal with hardscape items that need to be put into the design. They do total about 195,000. You do have a commitment of 100,000 out of enhancement, so you would be only out of pocket, unless some other item comes out of the county, 95,000, once you get paid back the 100. That's why I proposed that, because those are the additional hardscape costs. The three bullets of the three things that at least your Ad hoc Committee said that they wanted that couldn't be funded out of the state's 874. Having provided that clarification, I appreciate your comments, Commissioner, and I'll let the Board do -- COMMISSIONER COYLE: Well, you know, things like texturing a bridge pier are clearly not hard costs. You can do that after it's been put up. You can do it five years later. You can apply a texture to a bridge pier. That is not interval for construction. Painting the slope, again, is something that can be done later. These are not hard costs that are dependent upon the construction process. So I -- I'm not in agreement with that, but the -- the majority of the Board -- COMMISSIONER FIALA: My motion stands. Page 1 O0 September 24, 2002 COMMISSIONER COYLE: Okay. COMMISSIONER FIALA: Uh-huh. CHAIRMAN COLETTA: Okay. Any other discussion? Hearing none, I'll call the question. All those in favor, indicate by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER CARTER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Aye. Opposed? COMMISSIONER COYLE: No. Aye. CHAIRMAN COLETTA: Commissioner Coyle said it twice and, he's just one person. COMMISSIONER FIALA: But it only counts for one vote. CHAIRMAN COLETTA: For the descending vote. Yes. Nice COMMISSIONER COYLE: Okay. CHAIRMAN COLETTA: I never thought of that one before. That almost worked. Item #10E ADDENDUM TO THE LANDSCAPING INSTALLATION AND MAINTENANCE HIGHWAY AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION- APPROVED Okay. We're on to 10E. COMMISSIONER CARTER: Move for approval. COMMISSIONER FIALA: Second that. Page 101 September 24, 2002 CHAIRMAN COLETTA: Okay. We have a motion from Commissioner Carter and a second from Commissioner Fiala. Any comments, questions? COMMISSIONER HENNING: Yeah. CHAIRMAN COLETTA: Go ahead, Commissioner Henning. COMMISSIONER HENNING: The addendum is part of a -- a previous commitment? MR. FEDER: Yes, sir. COMMISSIONER HENNING: And the estimated cost is 288 -- no, it's 105. I'm sorry. MR. FEDER: 105 for the county. COMMISSIONER HENNING: Okay. CHAIRMAN COLETTA: Any other questions? Hearing none, I'll call for the question. All those in favor, indicate by saying aye. THE BOARD: Aye. CHAIRMAN COLETTA: They ayes have it five to zero. Item #1 OH CONSTRUCTION CONTRACT WITH BETTER ROADS, INC., FOR THE PROPOSED LIVINGSTON ROAD PHASE III PROJECT, FROM PINE RIDGE ROAD TO IMMOKALEE ROAD - APPROVED Moving right along to H, warranting the construction contract. COMMISSIONER HENNING: I make a motion to approve the -- this is the Golden Gate Community Center? MR. MUDD: No, sir. This is -- COMMISSIONER COYLE: This is Phase III. MR. MUDD: This is Livingston Phase III. Page 102 September 24, 2002 COMMISSIONER HENNING: Oh, I remove my motion. COMMISSIONER FIALA: We are on H? COMMISSIONER CARTER: H as in Henry. MR. MUDD: Give them an introduction. MR. STRAKALUSE: For the record, my name Gregg Strakaluse, Director of Engineering Construction Management for the Transportation Division. This item before you, Item 1 OH is for the approval of the contract for construction of Livingston Phase III to better roads for an amount of $18,899,386.08, with a contingency of $900,000, which is approximately five percent of the total construction costs. CHAIRMAN COLETTA: I just want to say thank you for not putting it on the consent agenda. Commissioner Henning, you're up. COMMISSIONER HENNING: Motion Approved. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: We have a motion from Commissioner Henning for approval and a second from Commissioner Fiala. Any questions, comments? COMMISSIONER FIALA: Comments is I'm glad we're moving forward so rapidly on Livingston Road. CHAIRMAN COLETTA: Exactly. COMMISSIONER FIALA: We're proving to the whole community that we meant what we said when we came on board in the first place. We'll get these roads built. Thanks, Norm Feder. CHAIRMAN COLETTA: Yeah. That's my sentiments exactly. Hearing no comments, all those in favor, indicate by saying aye. THE BOARD: Aye. CHAIRMAN COLETTA: The ayes have it five to zero. Okay. Moving on to I, resolution- Item #10I Page 103 September 24, 2002 RESOLUTION 2002-417 AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF RIGHT-OF-WAY FOR THE IMMOKALEE ROAD SIX-LANING PROJECT FROM US41 TO 1- 75 - ADOPTED COMMISSIONER CARTER: Move for approval. COMMISSIONER HENNING: Second. CHAIRMAN COLETTA: We have a motion from Commissioner Carter for approval, a second from Commissioner Henning. Questions? All those in favor, indicate by saying aye. THE BOARD: Aye. CHAIRMAN COLETTA: Anyone opposed. The ayes have it five to zero. J, Annual Rate Resolution to Set Landfill -- Landfill Tipping Fees. Item # 10J RESOLUTION 2002-418 APPROVING ANNUAL RATE RESOLUTION TO SET LANDFILL TIPPING FEES - ADOPTED COMMISSIONER FIALA: Move to approve. COMMISSIONER CARTER: Second. MS. FILSON: And Commissioner, or, Mr. Chairman, I have a speaker on this one, too before you call the motion. CHAIRMAN COLETTA: Okay. Very well. Meanwhile, we have a motion by Commissioner Fiala for approval and a second from Commissioner Carter. Do we have questions of staff or should we go to the speaker? COMMISSIONER COYLE: I don't have questions. Page 104 September 24, 2002 CHAIRMAN COLETTA: Okay. Let's -- would you please bring the speaker forward? MS. FILSON: Yes, sir. The speaker is Bob Krasowski. MR. KRASOWSKI: Hi, Commissioners. How are you doing? Bob Krasowski here. I would appreciate it if I could make my comments after the presentation that's going to be made to you, that has pie charts and numbers and percentages. It would be, you know, more valuable, I believe, if I could speak after the presentation. CHAIRMAN COLETTA: What's the -- hold on. We might not have a presentation. We reviewed all this individually and ask questions -- MR. KRASOWSKI: Oh, okay. CHAIRMAN COLETTA: Of staff. Unless the Commission here asks for the presentation or questions related to it. MR. KRASOWSKI: Well, Mr. Yilmaz, I saw some of his slides. He has some really good stuff for you there. CHAIRMAN COLETTA: He does. MR. KRASOWSKI: I -- I as a citizen would like to see it and I think -- COMMISSIONER COYLE: Well, maybe you could get a copy from him and look at it. MR. KRASOWSKI: Well, how about the rest of the community, you know-- CHAIRMAN COLETTA: Well, let me put it this way. What questions do you have, Bob. Why don't you ask the questions? MR. KRASOWSKI: Well, they are more -- CHAIRMAN COLETTA: Mr. Yilmaz, would you come up here to the podium and answer some questions? MR. KRASOWSKI: -- comments. Okay. So, I guess, my request is denied. My name is Bob Krasowski. I'm with Zero Waste Page 105 September 24, 2002 Collier County and -- Incorporated. I've read this executive summary, summary regarding this issue today, and I have a couple of questions. And I -- I first would like to comment that it would be very nice for our group to receive these executive summaries prior to these meetings, so we can give more attention and time to -- to evaluating them, although I now have had a chance to read it over. There is some detailed numbers in the back that you can see. I - - I hope I haven't missed anything. But this item deals with the cost of tipping fees and-- and the residential collection service. CHAIRMAN COLETTA: That's true. MR. KRASOWSKI: And recently in the newspaper, an item you dealt with on the 10th of this month regarding the tipping fees for this year and then the years -- the next three years following, caused concern of a citizen in -- in East Naples, and then caused the newspaper to wonder why more information wasn't provided. They were concerned about not being informed, because that caused us concern. And we, as you know, we've been interacting with the Solid Waste Department for regular, -- irregular meetings for the past year and a half, dealing with solid waste issues, so -- but the -- the concern that these -- the paper and this woman had were over what was identified as a $50 increase per year which is about a 46 percent increase on the solid waste bill that goes out to residential customers, which is substantial. It adds up to tens of millions of dollars. But from talking to Mr. DeLony, that amount is a cap identified to allow for increase and costs depending on what program we might go with in the future. So that was a concern of mine and a reason I wanted to be here today. Otherwise, I believe I understand this. Page 106 September 24, 2002 I believe it's a-- it's a good document. I believe it represents, to the extent I understand it, good work on the part of the Solid Waste Department and Public Utilities Department, and we're enthusiastic, excited about continuing to work with these people and understand most of what's proposed by them. There is an item in here where it mentions that if you want enact what's -- what's suggested in here as far as diversion of construction and demolition materials, it brings the volume of materials diverted from the landfill to about 50 percent, and this is -- this is very good. It leaves future opportunities for us to look then at the municipal solid waste, which contains recyclables, which contains compostibles, also allows us to further reduce that volume through strategies and programs for waste minimization at different levels -- different areas in the waste stream, and it's all good. It's all good. I was -- I know Mr. Yilmaz was going to talk about some other things, and I hope you listen to him and see his pie charts, because it's -- it's more good stuff, okay? So until next time. CHAIRMAN COLETTA: MR. KRASOWSKI: Sure. CHAIRMAN COLETTA: Thank you, Bob. Okay. Let's call the question. I'm sorry, Commissioner Coyle and then Commissioner Henning. COMMISSIONER COYLE: Mr. Mudd, I think this is a perfect time for us to very briefly discuss, and maybe you can explain what -- what the intent was of these notices concerning increased rates. Could you -- could you do that, please? MR. MUDD: Commissioner Coyle, Jim Mudd, County Manager, for the record. The notices are -- first of all in order to -- by Florida Statute, you have to notice the community about mandatory collections fees, and you have to do that before you set the rate or the taxable rate, just like we do for our budget so that they can have their tax bills in November from the tax collector. Page 107 September 24, 2002 Well, there is nothing in the Florida Statute that says that you have to notice it every year on the year. And what -- what the Solid Waste Department has done in years past is the first time in '97, when they raised the rates, they noticed the public that their fee would not exceed a figure of about $140,000. It's up or down. I can't remember the exact number. And they did it for a five-year period of time. That five-year period of time saved the county $50,000 each notice period, because that's how much it costs us to mail that stuff out. Last year, we noticed the community for one year and one year only and said that it would be no more than $175, because you have CPI adjustments for the collection contract with waste management and Immokalee disposal and you also have a CPI adjustment for the landfill, as far as tip fees are concerned, and that changes every year and it goes up. Plus the Board, last year, was going through a short-term mid- term. This year we're out for RFP's. We're still out there trying to gather more compost, yard waste, bidders and we've been -- we've been working with Zero Waste listening to them and trying to expand that particular contact. We're still waiting for those bids to come back in, or proposals to come back in. What we chose to do this year, because there was going to be no great change to what we were going to do for a series of years, depending on what you're going to decide in January for the long- term aspects of solid waste, it would take -- if you -- once the Board makes a decision in January, it will take us two to three years to do design and everything else, and it wouldn't impact the fees that greatly as far as the taxpayer is concerned. So we're looking at CPI adjustments for the next three years based on the collection contract and the landfill contract. And that's rather minor. So we decided to put out the proposal last week in -- in Page 108 September 24, 2002 -- or last board meeting in concert with this year's solid waste fee, which is 127.27, which is the same as it was last year. We did both together, and we saved the county about $150,000 in order to do that. The intent is there is no secret plan to raise the fees some $50,000 or $50 per household over the next three years. It's a standard protocol that we use based on Florida Statutes. You have to set a sealing and you have to notify the public of that. What we did is we gave advanced notice for the next three years that we weren't going to exceed that, and we'll be well under that, a lot closer to 127.27. So that's what we did, that's what the staff did. They're trying to take care of taxpayers' dollars, and I know of no other organization in Collier County, or the State of Florida that gives anybody a sealing of what their taxes are going to be three years in advance. So my hats off the staff and the find job that they've done. CHAIRMAN COLETTA: We'll go to Commissioner Henning first. COMMISSIONER COYLE: Well, I've got a comment to follow up my question. Then -- then I'll just briefly summarize that we, Collier County Government, we're interested in containing costs and we've saved $150,000 by giving a three-year notice of the maximum taxes that would possibly be charged over that three-year period of time. MR. MUDD: Yes, sir. COMMISSIONER COYLE: That is a positive service for the people. There will be no increase this year; is that correct? MR. MUDD: That's right, sir. COMMISSIONER COYLE: We're not even sure there will be an increase next year or the year after that. We merely published a maximum sealing and that's all we did, right? MR. MUDD: Yes, sir. Page 109 September 24, 2002 COMMISSIONER COYLE: Okay. Thank you. CHAIRMAN COLETTA: Okay. I'm trying to stay on line here. Commissioner Henning and then Commissioner Carter. COMMISSIONER HENNING: Mr. Mudd answered my question, thank you. CHAIRMAN COLETTA: Thank you. COMMISSIONER CARTER: A comment. I think this would be an excellent opportunity to do a short presentation out of the Public Information Office on Channel 11 to articulate just what Commissioner Coyle said, which you have said so well. Mr. Delony, and we well, and I thank Bob for his comments, but this gives an opportunity to communicate with the public and I'm sure we could put together a neat little production and everybody would better understand where we are going and why we are doing it. CHAIRMAN COLETTA: Amen. Very good, Commissioner Carter. COMMISSIONER FIALA: MR. DELONY: We'll do it. Yeah. CHAIRMAN COLETTA: Okay. That's direction from the Commission rather than a motion, that we get the point across. Meanwhile, we do have a motion, we do have a second. If there is no other comments, questions, I'll call the question. All those in favor, indicate by saying aye. THE BOARD: Aye. CHAIRMAN COLETTA: The ayes have it five to zero. Okay. Item K, Award of Bid. Item #1 OK AWARD BID 02-3415 TO LODGE CONSTRUCTION, INC., FOR THE CONSTRUCTION OF THE GOLDEN GATE COMMUNITY Page 110 September 24, 2002 CENTER ANNEX - APPROVED COMMISSIONER COYLE: Motion approved. COMMISSIONER CARTER: Second. COMMISSIONER HENNING: I'll second that. I do have something, Commissioners. CHAIRMAN COLETTA: Okay. Motion by Commissioner Coyle, second by Commissioner Carter, and Commissioner Henning, you're up. Go ahead. COMMISSIONER HENNING: If we look at the executive summary, one of the things that bothers me is, if you look at the bids, the top bidder is a firm from outside of Collier County. The second bidder is a contractor from inside the county. There's a two-percent difference, a two-percent difference in the difference in the bids. And I don't think that we -- the way it's set up, we do justice to the taxpayers by giving us some -- a little bit of latitude to approve somebody from inside of Collier County. That's my comment. CHAIRMAN COLETTA: Okay. COMMISSIONER FIALA: He -- he makes -- CHAIRMAN COLETTA: Go ahead, Commissioner Fiala. COMMISSIONER FIALA: I'm sorry. I just jumped right in there. He makes a really good point, and for that small of amount of difference, and yet they're tax dollars with be spent right here, we'll probably get a greater percentage of tax dollars back. I would have to agree with him if that can be readdressed. CHAIRMAN COLETTA: Yeah. Well, that's true, but you've got to remember, we have a certain protocol that's already been put into place and to go back on that at this point, without going back and changing the protocol would -- you leave the door open for everyone else down the road that is -- we've accepted a bid from that's outside Page 111 September 24, 2002 the county against those that live in the county, two percent, I agree with you, is a -- is a small amount and I would like to see it in that favor. But in this case, to change this particular one, I think we would have disastrous consequences. I don't see legal make any sudden moves. There we go. MR. MUDD: Mr. Chairman, I can help you a little bit. Right now, the policy calls for the award to the lowest qualified and responsive bidder. Location is only considered in the event of a tie. What I -- and that's the policy now, okay? And that's what we are dealing with and that's what's been sent out. But that doesn't mean that you can't give direction to staff to -- to qualify what the definition of a tie is for future bids and -- and if it's one percent or one and a half percent, we can take a look at that or it's -- it's some monetary amount if the -- if the contract is -- is below $100,000 or whatever. We can take a look at those and give you and -- and further define what a tie is so that -- CHAIRMAN COLETTA: I think we are giving you direction to do such. One comment I would like to make, is whenever we have a dollar generated in the community and spent in the community, it turns over something like seven times within the cormnunity. If it's spent to a firm outside the community, it generally leaves the community and doesn't come back. Commissioner Coyle. COMMISSIONER COYLE: Just a brief comment concerning that, because I've -- I've run into these types of situations myself. You have to be very careful about how you write this thing, because what will happen is that some of the companies who are outside of Collier County will establish an office in Collier County, and there -- there are ways to get around these provisions if you are not very careful about how they are written. Page 112 September 24, 2002 So if it would be -- if it's the sense of the -- of the Commission to direct staff to look at that with a view toward changing the procurement processes, that's fine. It's just that we have to be very careful about how those things are done. Otherwise, people will circumvent them very easily. CHAIRMAN COLETTA: Yeah. We could have something in there like recognize a home-town firm for what it actually is by the number of employees that are employed locally. I'm sure there is some way. I mean, staff and their -- their abilities far exceed anything that we have up here -- COMMISSIONER COYLE: Yeah. CHAIRMAN COLETTA: And I'm sure they are going to come back with a tremendous proposal. COMMISSIONER COYLE: Okay. We got a motion. MS. RAMSEY: Well, I just have one quick question on that, or just a comment on that. Marla Ramsey, Parks and Recreation Department. One interesting thing about this particular item is that Dana, who is the second one of the list is actually a sub for the number one -- CHAIRMAN COLETTA: Oh. MS. RAMSEY: -- who got the award. So just because the firm might be outside of-- in Fort Myers -- CHAIRMAN COLETTA: Good point. MS. RAMSEY: -- doesn't mean that the subs aren't from Collier County. CHAIRMAN COLETTA: Yeah. Yeah. Yeah. That's something still to look at. Let's -- any other questions? All those in favor, indicate by saying aye? THE BOARD: Aye. CHAIRMAN COLETTA: The ayes have it five to zero. Moving right along to L, which is listed as a time certain that- Page 113 September 24, 2002 Item #10L PROJECT BUDGET AMENDMENT AND AWARD BID 02-3377 FOR A CONSTRUCTION CONTRACT WITH BOOKS AND FREUND, LLC, FOR CONSTRUCTION OF THE NORTH NAPLES GOVERNMENT SERVICES CENTER-APPROVED COMMISSIONER COYLE: We're going to be here for-- CHAIRMAN COLETTA: I know. I know. COMMISSIONER CARTER: I'm going to move for approval on L. COMMISSIONER HENNING: I am happy to second that. CHAIRMAN COLETTA: We have a motion by Commissioner Carter and a happy second from Commissioner Henning. Discussion? SKIP CAMP: Yes. For the record, Skip Camp, Facilities Management Director. If you will include in your motion a technical thing, just that the current budget amendment needs to be for Fiscal 03, and I appreciate your consideration. COMMISSIONER CARTER: It's included in the motion, sir. COMMISSIONER HENNING: And the second. CHAIRMAN COLETTA: Okay. Fine. And with that, any other comments, questions? Okay. Hearing none, all those in favor indicate by saying aye. THE BOARD: Aye. CHAIRMAN COLETTA: And the ayes have it five to zero. Now, we're moving back to the items that we pulled earlier. Item #1 OM Page 114 September 24, 2002 RESOLUTION 2002-419 APPROVING PAYMENT OF TRAVEL EXPENSES FOR PERSONS REPRESENTING THE MPO BOARD AND ADVISORY COMMITTEES- ADOPTED WITH CHANGES MR. MUDD: We're on Item 1 OM, which is a pull, which was 16B-11, and that had to do with the MPO $8000 travel allotment. MR. HERRINGTON: Good afternoon. I'm Bob Herrington, for the record, manager with the MPO. I've come before you today. I guess there was some confusion over the executive summary, and I -- hope I can clear that up. What I was seeking was the Board's approval to change the finance policy. Currently, part of the MPO Board is made up of members, of course, of you, yourselves, and representatives from the City of Naples, City of Marco Island. The MPO process does call for different meetings throughout the state, sometimes out of state. And it calls for travel as Commissioner Coletta will tell you about. We make a quarterly trip, usually to Orlando. We have been to Tallahassee. In doing so, the MPO dollars that we receive, which are federal and state grants, are for the MPO process and to help pay for that -- the travel or any of the needs of the members of the MPO Board and its Advisory Committees. Currently, the Collier County's Finance Department's policy is to pay for any and all expenses for travel and such of only Collier County employees. And what I'm seeking is approval of this Board to change the resolution -- or with the resolution, to change the policy of the finance department to allow for the MPO process to pay for any travel that may come up in the future for your outside representatives that represent the other cities. Page 115 September 24, 2002 CHAIRMAN COLETTA: Bob, if I may add something to that, being that I've been so close to this for so long. Those advisory boards are an important part of our process, and if we can't keep them fully informed by taking them occasionally to these different meetings that are taking place, we're -- we're going to be on the short end when it comes to making decisions. They are only as good as the advice that they have and with the feedback that they get. We are not talking about a -- a junket of any sort. This is usually one ovemight and back again. And they are held to the per diem rate of three dollars for breakfast, six dollars for lunch and, I think, it's twelve dollars for supper. MR. HERRINGTON: Yes, sir. CHAIRMAN COLETTA: It's far from a luxury type of accommodations they are going to be staying at. But it does serve a purpose to the county and I -- I hope that we can consider this when we make our decision here today. Commissioner Coyle, you were first and then Commissioner Fiala. COMMISSIONER COYLE: Yeah. I -- I asked for this to be pulled only because the objective of the executive summary says for payment of all travel expenses incurred by the representatives of the MPO and its advisory committees. There is -- there is no requirement in-- in this executive summary that a judgment be made to the public purposes being served. And -- and frequently, we are -- are asked to approve expenses for ourselves and we are frequently asked to determine that a public service is -- is being served as a result of this expenditure. And if-- if the MPO will have the authority to determine whenever these -- this travel is necessary, then I'm perfectly happy with that, but I think it's a proper thing to do. Page 116 September 24, 2002 My only concern is that there was nothing in this executive summary that indicated that those kinds of controls were applied to the approval of the travel. CHAIRMAN COLETTA: Uh-huh. MR. HERRINGTON: IfI can respond to that? We fall under the same regulations that your county employees fall under for travel, state and federal regulations also. Also, we have a second check because all of our funds come through the Florida Department of Transportation, and if it does not meet their regulations, they won't pay it. And in them not paying it, we would not be able to pay you back, so I can assure you that we watch very closely any travel, any trips that we do make. As far as the travel that we do go on, it is approved as is your county's. My -- my director in the Transportation Planning Department approves my travel. I can't speak for the county commissioners who -- who approves theirs. But when I submit a budget, my Unified Planning Work Program, the UPWP, to the MPO for it's approval, which we have already approved for this fiscal year, it includes different tasks. Within those tasks, we talk about travel to different meetings and such, and in the approval of that UPWP, you're approving the travel that is needed to complete that task. And, I guess, basically what I'm saying is we do meet the same regulations in -- in approval process that your staff or you meet. COMMISSIONER COYLE: Well, I -- I -- I would say to you that -- that the federal and state regulations don't really deal with the issue of a valid public service. And-- and if it did, we wouldn't have to approve our own for that purpose, okay? So -- so that is my only concern is that somebody at the MPO is saying, okay, it's okay for three of the members of the MPO to go to this particular meeting and that's serves a valid public service. Page 117 September 24, 2002 But -- but approving the payment of all travel expenses incurred by the representatives, I think, is a very, very broad -- broad authority. And -- and if-- if we can be assured, or if I can be assured that this will be authorized by the MPO on a per travel basis, I would be perfectly happy with it. MR. MANALICH: Mr. Chairman, perhaps I could expedite this a little bit, and that is I think Mr. Coyle raised some valid concerns here. We have spoken with Mr. Mitchell from the finance office and I think that it would satisfy the clerk if we added the language here, instead of all expenditures, expenditures that meet the criteria defined in Section 112.061 of Florida Statutes. And additionally, I think you're correct, Mr. Coyle, that, you know, really, ultimately it's this Board that determines public purpose. One other additional way we could tackle this one time only would be if we wanted to describe in this resolution the types of activities that they'll be involved in. COMMISSIONER COYLE: One of my problems there is -- is it's perfectly logical for one or two people from the MPO to go to a particular meeting. It is not necessarily logical that every member of the MPO go to that meeting. So if we identify the meetings to which people can go for a public purpose, and we have five or seven or nine people going, when we only need two, then in my opinion, it doesn't meet a valid public purpose. And -- and that's my only problem with that particular segment of your recommendations, Ramiro. But the rest of it, I think is fine. CHAIRMAN COLETTA: Well, we -- we do the same thing on our MPO. We usually designate one or two people to go and they are the ones that automatically do it from then on out. We could do the same with these advisory committees. COMMISSIONER COYLE: Sure. Page 118 September 24, 2002 CHAIRMAN COLETTA: And possibly the Chair and the Vice Chair would be the two designees that would be sent to these meetings that take place. MR. HERRINGTON: My -- the only problem you might run into there is the -- the -- our technical advisory committee, for example, does change memberships sometimes. CHAIRMAN COLETTA: Uh-huh. MR. HERRINGTON: What I would recommend is that I would come to the MPO Board and advise them that staff has been notified of a meeting, and is requesting permission to take such and such member with me as the chairman of the GAC -- COMMISSIONER COYLE: That's fine. MR. HERRINGTON: -- and request the MPO Board's approval. Along the lines of the MPOAC, each year we name or rename a new representative from our MPO Board to the Advisory Council, which is statewide. Currently, it is Commissioner Coletta. And then what I can do is add the wording in, the approval or the renaming of a new member that this -- I'll put language in there explaining that this does include travel to quarterly meetings. Sometimes, if they get on a subcommittee, we may have to go to Tampa or Orlando for those subcommittee meetings also. But I will make sure that I word any appointments of new members to include that so that we can get the approval right at the beginning and be set with it. CHAIRMAN COLETTA: Okay. And-- I'm sorry, Commissioner Coyle, do you have something? Okay? COMMISSIONER COYLE: No, I'm not really okay, but -- I -- I think we're missing the point, but I'm not going to belabor it any more. CHAIRMAN COLETTA: Okay. Commissioner Fiala. Page 119 September 24, 2002 COMMISSIONER FIALA: Yes. Just to clarify, we are not asking for any more dollars. These are already in here. You're just asking to legally pay these expenses that are already approved in the budget. And as I -- I mentioned to -- to our County Manager in my meetings yesterday, I wanted to -- I spoke with Jim Mitchell from the Clerk of Court's Office because I had a few little problems with this. And I said, help me through this, which he did and he said, as long as we say pay all expenses authorized by Chapter 112.06, I think, it is, of the Florida Statutes, that covers it all. So I want to make a motion that that be added to the language of this -- of-- of this proposal -- of this, yeah, proposal it would be, and I would like to make a motion to approve. CHAIRMAN COLETTA: I'll second that. Okay. Is there any other comments, questions? Hearing none, all those in favor, indicate by saying aye. THE BOARD: Aye. CHAIRMAN COLETTA: Opposed? The ayes have it five to zero. Okay. Next one is N. Item #1 ON FY2002 TRANSIT DEVELOPMENT PLAN UPDATE- APPROVED MR. MUDD: And that's the carry-forward on 16B-15, which is the 2002 Transit Development Plan. MR. HERRINGTON: Again, my name is Bob Herrington, for the record. I'm your MPO manager. Each year, excuse me, in order to receive our annual block grant funds for our transit system here in Collier County, we have to update our transit development plan, Page 120 September 24, 2002 which is basically a three to five-year plan that tells you and recommends what your future should look like for transit for Collier County. On December 11 th, your board approved staff to go out to bid, and in doing so -- well, we did not go out to bid. We hired a governmental agency, excuse me, which falls within the criteria. We hired the Center for Urban Transportation Research at the University of South Florida to complete our transit development plan update. Today, I have with me Ms. Laurel Land, who is the project manager from CUTR. She will be doing a presentation about the findings of the transit development plan. ! also should let you know that this item was presented to our MPO Board at its last meeting and approved unanimously. With that, I'll give you Ms. Laurel Land and then we'll answer any questions you may have following her presentation. CHAIRMAN COLETTA: Yeah. Pull this? Staff pull this? MR. MUDD: Yeah. CHAIRMAN COLETTA: Okay. Go ahead. MS. LAND: Did you want me to go ahead with the presentation? I know that some of you have already seen it. CHAIRMAN COLETTA: I -- I -- myself, I feel that I'm fully versed in it, but maybe one of the other commissioners would like for you to proceed. COMMISSIONER COYLE: I -- I do have a question. CHAIRMAN COLETTA: Sure. COMMISSIONER COYLE: But Commissioner Fiala-- CHAIRMAN COLETTA: Commissioner Fiala. COMMISSIONER FIALA: Oh, that was from before, I think. CHAIRMAN COLETTA: Go ahead. Sorry about that. COMMISSIONER COYLE: All right. I turn on my light then. Page 121 September 24, 2002 CHAIRMAN COLETTA: That's all right. Go ahead. COMMISSIONER COYLE: I -- I just saw some correspondence cross my desk about something having to do with funding, state funding, if a county exceeds 200,000 in population. Could you explain that process to us and what is it's impact upon us? MR. HERRINGTON: This is -- what has happened in Collier County as you may know, our population has jumped over 200,000. In doing so, we become what's called a transportation management area. One of the requirements of that is that you can no longer use your transit funds, our Section 5307 Transit Funds for operation. Any expenditures are operational ones. What it does mean, though, is that we get additional dollars for capital, which basically says we can buy a lot of buses, but we don't have anybody or any way to pay for the operation of them. So what we're going to be doing and what will be coming up at our joint MPO meeting that we are going to be having with Lee County, is the discussion of looking at other ways of funding the operational dollars that we're going to need to operate. Currently, Collier County Government has approved -- it's approximately $700,000 that we used for what is called transit enhancement, which are capital purposes. I hope to come back to you in the future once we get to look into all of the -- what's going to happen with this -- the changes in population. One of the options that I can look at is coming back to you asking to use those dollars for the operation and then use the transit enhancements that were earmarked for those dollars and use the additional federal dollars to pay for those. But that is -- I want to make sure we're looking at all angles here, because we are going to have to seek other -- other ways of funding, not just with what you give us but as we grow, our Page 122 September 24, 2002 operational funds are going to -- the needs are going to be a lot bigger. COMMISSIONER COYLE: So -- so you are going to be coming back with alternatives for the funding crisis. MR. HERRINGTON: Yeah. That's why we're -- that's one of the reasons we want to meet jointly with Lee. They are running into the same issue and there is like, 52 areas in the country that jumped over this 200,000 population that, in fact, Martin County just started their transit system this year. Their very first year of funding, they lost their operational dollars, so they are in worse shape than we are. But we are going to looking at various options and talking about them with everybody involved, and then I'll come back to the Board seeking a selection of an option of ways to handle this. COMMISSIONER HENNING: Can I ask who wants to see the presentation? Is it Mr. Ochs that wanted to see it, Mr. Mudd? -- MR. MUDD: No, sir. COMMISSIONER HENNING: I'll entertain a motion -- I mean, I'll make a motion since Chairman Coletta is back to approve. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: So we have a motion by Commissioner Henning and a second by Commissioner Fiala. Discussion? Hearing none, all those in favor, indicate by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Aye. The ayes have it four to zero, with Commissioner Carter absent. Well, we're at that point now where we have a 3:00 certain. Can we go into public comments at this time? MR. MUDD: Absolutely, sir. Page 123 September 24, 2002 Item #1 lA PUBLIC COMMENTS ON GENERAL TOPICS MS. FILSON: Mr. Chairman, we have one registered speaker under public comment. Oops, wrong one. Kenneth Thompson. MR. THOMPSON: I'm Kenneth Thompson. I live at 2831 Beck Avenue. And I don't -- I don't know who's doing this rotten trick to me, but, you know, Don Hunter started off with these Spanish people. He's was going around and hauling them off and said he didn't do it, but he was lying. He did. So he got on the steps over here and he's trying to tell all these people when you had 1,000 people over here, but anyway, I'm getting bombarded every night, every day. I can't go nowhere. I'm being threatened. I've had my pole lights shot out. I've had a gun pulled on me, a little bit of everything. And the damn speed bumps they put in the street, is wide open night and day. You try to get him out there to do something, only way he can find his way over here is to go out and beg for money. So if you want to save money, you give it to another organization, take the $60,000 a day away from him and get his men and himself a motor scooter to ride. I'm telling you I got nothing against Don Hunter, but when people start threatening me, and doing to me what they're doing to me, and I -- I've been here an awful long time. You were talking about this preacher over here a while ago, bringing the poor people in here and the homeless. I was so poor when I got here that I had to borrow your rake to use it. They ain't no sense -- they ain't no homeless people in this Page 124 September 24, 2002 country. You got it in your head. I was a heavy drinker. I got no problem with that, but it drove me to work like a slave. And I'm telling you, I am sick and tired of these people. I don't know who they are. I can't open my gates, but I got people out there every morning a bothering me about this, that, and the other. And I'm telling you right now, you call Hunter's men out there and all they'll do is, oh, we'll take care of it. And I can tell you another way to make a lot of money, is to go over here to Walmart that's put everybody out of business, and sit in that parking lot all over Naples and write these people up for out of state tags and then charge Walmart for hiring them, and that will bring you some revenue. We've got about 15 of them on my street, and the worst of them are Ohio. They'll come down here and they'll tell you right quick they don't need no license plate. Well, believe you me, you've made me do everything in the book. And I'm proud of the book, because it got me straight. And the last time I had a bad day is when I poured a beer on my wife's head and that ended the drinking. Believe me, it did. But all he wants over here is somebody to go over here and hand him two, three thousand dollar fines, and-- and that's what he's a getting and this -- this is terrible what he does to you. You can't get him to do nothing -- and you want me to tell you another good thing he does? We go up 1-75 to the Cleveland Clinic, and you'll find his men up by Immokalee Road sitting under the bridges. I don't know whether they's asleep or what they're doing. But I take their pictures and they don't like it, and also a place where they're -- you're overdoing this thing about 9/11. That's long gone. And I worked for Hercules and Picatenee. One makes black powder, one makes nitroglycerin. And the way them buildings went Page 125 September 24, 2002 down wasn't by no jetliner, because I worked world-round, for Hercules. I've worked for every airline in California and they ain't no airline that carries that much fuel to bring down a building that big. If you noticed how they went down, they stacked their way down. There was more in those buildings. I got -- I got four kids that was killed out here on the highway, for Christ's sake. You don't see me carrying on every day a wanting somebody to give me money and loving me to death. I just buried them and that's it. But it's a hard life, every day to put flowers on them. It's -- it's a hard thing to do to lose your family, especially like that. Nobody got blamed. You had Tom Prentiss over there. He slapped this Chinaman on the hand and charged him 750 bucks and let him go. I thought that was the meanest thing I've ever witnessed in my life, but something -- something needs to be done about these people in that neighborhood. And then you've got all this shrubbery a being planted out there along the road by me. I'm trying to get them cut. You don't want me to have nothing growing over on you. But then you people grow them over on me, see, and I try to get them cut. I can't get nobody to cut them. I got one Spanish guy out there. He don't speak no English, but I bet you a dollar if you make a mistake on his paycheck, he talks loud and clear. So I wish you would get somebody to cut those hedges and -- and stop this harassing me night and day because I'm in the damn comer right now, and somebody's going to get hurt and I don't care who knows that. It's not the officers. CHAIRMAN COLETTA: We thank you very much for your time. Page 126 September 24, 2002 MR. THOMPSON: It's not the officers. It's the man that don't know how to use his head. Let's put it that way. CHAIRMAN COLETTA: Thank you, sir. MR. THOMPSON: Okay. Thank you. CHAIRMAN COLETTA: Okay. Well, we're at that point in our agenda, what we are going to do is we -- we have a 3:00 certain that we have to honor. It has to do with a person that's physically disable and that's the only time they can make it. But we are going to go to the County Attorney and get his report. Items #12A and #12B DISCUSSION REGARDING HEPATITIS SCARE AND TOWING ORDINANCE MR. MANALICH: Very briefly, Mr. Chairman, two items, just progress updates. One, the Chairman did sign for Board direction the letter to the Sheriff regarding Mr. Kramer's request for an investigation regarding the Copeland Hepatitis outbreak, and that was sent over to the Sheriff with the Chairman's signature. That should be copied to all of you. You should have that. The other item that also emanated from Mr. Kramer was regarding the towing ordinance, and Assistant County Attorney Tom Palmer of my office informed me that he is working with the Sheriffs counsel on some of the concerns raised at the previous meeting by Mr. Kramer on that. And so we'll hear more about that in the future. CHAIRMAN COLETTA: Thank you, sir. Mr. Mudd, even though we're not at the end of the meeting, we'll take your comments now. Page 127 September 24, 2002 MR. MUDD: Okay. To jump on what Ramiro had just talked about, we also sent the bill to the gentleman for the services by Pollution Control going out and testing the water that day, coming in and out as part of that hepatitis scare. Item #15A DISCUSSION RE REORGANIZING COUNTY MANAGER DIVISIONS If I can get the overhead to come on. There we go. We sent this down to the Board meeting --or to the Board room yesterday and all the commissioners got a copy last night. I just wanted to inform the Board, earlier this year, earlier this FY, prior to budget, we told the Board that we were not going to fill the emergency management administrator position, nor fund the secretarial management staff in that particular division. So what we basically did at that juncture is we -- we killed that division. There were six divisions in the county. That one -- that one would go out of being. And the remnants of the division, EMS, the helicopter, a contract for the medical examiner and -- and the county, the EM, two -- two fire departments all come under Leo Ochs and they all reported to him. That's okay for a stop-gap measure. While that was all going on, the Productivity Committee gave us a recommendation on what to do with that particular department. And they had basically said that the emergency management piece should fall under the County Manager's Office. And if you think about the -- the -- the 9/11, you have a citizen corps that's -- that's -- that the Board voted on last meeting. Page 128 September 24, 2002 And that would give it some centralized control in the county, and we agreed with that particular case, so we're taking emergency management to contract for the medical examiner and the two fire departments and we're putting that under the County Manager's Office. What's left is EMS and the -- the helicopter service that we have. Productivity Committee recommended it-- that go to the Admin Services Division of Collier County and that particular division does everything internal. They're kind of the internal organization, HR, they do benefits, risks. They run the motor pool, that kind of procurement, that kind of business, all internal to -- to our organization, and we basically share that particular division with all the other divisions in order to let us -- let us do our day-to-day activities. It doesn't necessarily have a good fit for emergency management, nor the Medi-vac Helicopter Operations. So we chose to put that under Public Services Division, under John Dunnuck's division, and it fits there, because that's parks and rec. They do everything that's public service and it's a good fit there. So we've got that shown right there on that block under Public Services Division and we've got the Emergency Management piece underneath the County Manager, and I -- and that will be effective on one/October. I just wanted to make sure that you knew about it, where we were doing it, so -- and -- and to give you some visibility on that particular operation. Items # 15B and # 15F DISCUSSION RE CHALLENGE OF RURAL FRINGE AND RURAL LANDS AMENDMENT OF THE GMP AND FINAL Page 129 September 24, 2002 ORDER PROHIBITED USES - DISCUSSION CONTINUED LATER IN MEETING Outside of any questions about that, the next point that I would like to talk about would be -- there was a comment made from the dias and I just wanted this as a point of clarification. The Rural Fringe Amendment to the Growth Management Plan has been challenged, by two parties. The Rural Lands Amendment, we sent a transmittal and we received the objections, recommendations and comment report from DCA in Tallahassee, and that's what we call the ORK report. And that's basically their comments on our transmittal. Their review and -- and they come back and tell us where we could make it better, where they need to have more detail before they can approve it and that kind of business. So the -- right now, the Rural Fringe is in court. That's the best way I can say it to you. It's in court. It's been challenged and that document will stay in -- in -- in court until the judge decides one way or the other and -- and we'll get through that process, so that one aside, sits over here. The Rural Fringe -- or, excuse me, the Rural Lands is -- is going on just like any other process. We do a transmittal, we get the ORK, we do a review. We get all our-- the information that DCA and Tallahassee needs and then we bring it back to the Planning Commission and the Board of County Commissioners, and that's all going to happen this Fall, and then if you approve it, we'll send up the approval document to Tallahassee. And then it can be challenged, just like the Rural Fringe did by two parties, if they so desire, or five parties or whatever, that -- folks that don't agree with it. Page 130 September 24, 2002 So point of clarification, we've been challenged on the Rural Fringe. That's in court. Rural Lands is moving right along. We're answering the comments now that Tallahassee had on our transmittal document that you sent up. CHAIRMAN COLETTA: I'm going to interrupt you for just a second. Commissioner Coyle has a question. MR. MUDD: Yes, sir. COMMISSIONER COYLE: Yeah. I -- I would like to get a clarification from the county attorney, or the acting county attorney, about the effect of the legal challenge of the Rural Fringe. As long as this challenge is in place and the Rural Fringe Study provisions are not implemented, does that mean that the uses that were previously permitted on that land can continue? I'm specifically asking about the earth mining use that was apparently permitted under the Governor's Moratorium and -- and what I'm wondering is, if-- if this challenge to the Rural Fringe Study would permit people to begin earth mining in the Rural Fringe or not. MR. WEIGEL: David Weigel, County Attorney. CHAIRMAN COLETTA: David, lean right to the mike there. MR. WEIGEL: Okay. Did you get it? David Weigel, County Attorney. I believe, Commissioner Coyle, and Commissioners, that the challenges can do nothing more at this point then prevent the ultimate approval and implementation of the amendment as submitted to the state. And that the final order, as we call it, that was issued from the Governor and his group in 1999 continues to be the operative standard in that -- in that area. And if your question goes beyond that to say -- to -- to question as to earth mining under that order, would be preempted or stopped at this point by -- by virtue of the challenge, I think the answer is no. Page 131 September 24, 2002 I think that what is in place under that final order as far as what is still allowed presently in the jurisdictional as pertaining to the order, in this case, Rural Fringe, will continue as that order indicated. COMMISSIONER COYLE: So that means earth mining can continue now -- MR. WEIGEL: I believe that that is the case. COMMISSIONER COYLE: Okay. MR. WEIGEL: And we would -- what I would suggest is we'll check with the state level on this to see if, in fact, they have any indication to us that is contrary. COMMISSIONER COYLE: Is there any way to -- to keep that from happening, legally? MR. WEIGEL: To, in essence, prevent the earth mining? COMMISSIONER COYLE: Prevent the earth mining, yeah. MR. WEIGEL: I'm not aware at the present time, and what I would suggest is that we would check and coordinate with the state and provide you and make, in a very public way, a very quick response to that question so that everyone would know, general parties as well as parties with particular property right interests out there. COMMISSIONER COYLE: Okay. Thank you. CHAIRMAN COLETTA: You're -- you're questioning the receiving -- the sending -- sending areas; correct? COMMISSIONER COYLE: The sending areas. Because I -- I - - I believe -- it's my belief is exactly the same as yours that -- that the -- the challenge to the Rural Fringe, I mean, it could go on for a long time before it's resolved. And during that period of time, people can begin earth mining in any of the designated sending areas. I -- I think that's what it means, unfortunately. Is that not your interpretation? MR. WEIGEL: I think that's what it means. Page 132 September 24, 2002 COMMISSIONER COYLE: Okay. All right. MR. WEIGEL: We'll follow up on that. CHAIRMAN COLETTA: Commissioner Carter. COMMISSIONER CARTER: First of all, Mr. Mudd, thank you for the clarification. I thought my earlier statement was correct. Maybe I should have said we haven't legally challenged in the rural area, but it was going through the ORK report. Secondly, I believe our outside counsel in Tallahassee can address Commissioner Coyle's comments, statements in terms of what was frozen under the executive order and the cabinet as to what you can do and can't do in the Rural Fringe. And it would be whatever they set at the time, whatever that frame work is, that's where you live until -- because we are under a moratorium in there, we live with that until this other is done in the courts. And I would not, for a moment, suggest any phraseology here other then I would heartily recommend that we get that information and get it to everybody so they clearly understand of what's going on in this legal process now, since it's been challenged. CHAIRMAN COLETTA: Commissioner Fiala. COMMISSIONER FIALA: Yes. I'm so glad that you -- that you brought this subject up, but I thought it froze it. And what, of course, I'm concerned about is our future water supply. And -- and thinking that this -- the earth mining was frozen, I -- I never -- I wouldn't have known to bring it up. There must be a way to protect that area until this has gone through the courts. I realize that people have some money involved that -- they are not thinking of the future water supply for us for our future residents, they're thinking about their pocketbook. Page 13 3 September 24, 2002 And -- and, I'm sorry, but that's the way I feel. And I think we need to address this if it's going to harm our future water supply while we languish in court for years. COMMISSIONER COYLE: That's one of the problems with the court challenge, yeah. CHAIRMAN COLETTA: Mr. Mudd, do you have anything else? MR. MUDD: Commissioner, what I'll try to do, and I -- the phone calls that are going on, we're trying to get Joe Schmitt and we're trying to get some folks to call Tallahassee to get some clarification, so -- and we have until the 3:00 time certain. We can really get into this issue and hopefully get you some answers real fast. CHAIRMAN COLETTA: Well, I'll tell you where we-- I think we're at that point now where we're best to take a break until the 3:00 time certain, and then come back and take that on and then we'll have closing comments at that time from the commissioners. MR. MUDD: Yes, sir. So we are going to adjourn until 3:00 p.m. this afternoon. COMMISSIONER CARTER: May I say one thing before you shut this down? MR. MUDD: Recess, not adjourn. COMMISSIONER CARTER: I would suggest to all my fellow commissioners to be very careful of what you say about anything that is legally challenged, because we are all public record and you don't want to come back and read about yourself in a deposition somewhere. CHAIRMAN COLETTA: Thank you. And with that, we'll take a break. (Whereupon, the meeting was recessed until 3:00 p.m. and continued as follows:) Page 134 September 24, 2002 Item #10C MAINTENANCE OF DEVONSHIRE BOULEVARD TO THE RADIO ROAD BEAUTIFICATION MSTU- MSTU TO MAINTAIN THE MEDIAN OF DEVONSHIRE; AND THE COUNTY WILL MAINTAIN THE HEDGE NEXT TO THE COMMERCIAL UNTIL MSTU IS AMENDED; AND ORDINANCE TO BE AMENDED CHAIRMAN COLETTA: Thank you. Okay. MR. FEDER: Mr. Chairman, for the record, Norman Feder, Transportation Administrator. Item 10C is dealing with Radio Road Beautification MSTU, that has agreed to take on the maintenance for the Devonshire median landscaping. They are not agreeing, and I think I need to probably make this clear, to take on the responsibility to maintain, as I understand it, from the sidewalk over to the commercial area and those hedges, that they are agreeing to taking on, through the MSTU, the landscaping median and the work to their side, to the Berkshire Lakes side of the property. CHAIRMAN COLETTA: Fine. Commissioner Fiala. COMMISSIONER FIALA: Yes. CHAIRMAN COLETTA: Commissioner Coyle after that -- COMMISSIONER FIALA: Okay. I believe that initially when we heard this, that the Radio Road MSTU people said that they didn't want to include them, but now they've changed -- they've had a change of heart; is that correct? MR. FEDER: That is my understanding. COMMISSIONER FIALA: So -- Page 135 September 24, 2002 MR. FEDER: They've agreed obviously this area is included within that, although I think, and I will defer do your attorneys, you may want to talk about making some maybe minor change to the MSTU language itself to make it very clear. But, yes, overall, this is within the MSTU area and they have agreed to taking on the maintenance. As far as the capital issues, if you remember, when the county looked at it, we probably would have made some modifications to the landscaping that's out there to meet some of our provisions. We've been asked not to do that, rather to leave it as is and they'll maintain it as is. There has not been a safety problem, in spite of some concerns on -- on standards, and so we've agreed to that. I don't know if there might be any minor requirement to take care of something that might be dead or the like. In there, we would probably try to work on that issue, but generally speaking, there's no capital involved and the MSTU is going to take over the -- COMMISSIONER FIALA: So in other words, you're saying unless we hear something different from Ramiro, this is a win-win situation? MR. FEDER: I think it very definitely is. I know you have folks here from Devonshire in case I have not said anything quite correct in all what I've just presented to you, and I think that they may want to, since they came down to speak to the Board as well, but as far as I know, the answer to your question, yes, ma'am. MR. MANALICH: The only thing the county attorney would be simply that we agree with the recommendation, that if this is the action today, that the ordinance should be amended to reflect the specifics. CHAIRMAN COLETTA: Okay. Commissioner Coyle and then Commissioner Henning. Page 136 September 24, 2002 COMMISSIONER COYLE: Yeah, I -- I think this is an excellent solution to the problem. I -- I only have one question and that is the portion of the landscaping on -- in front of the commercial area. Are we going to hold the commercial property only responsible for maintaining that portion -- MR. FEDER: That would be our desire. We're going to try to explore what our options are to get that issue addressed to make sure that the commercial property understands and takes on that responsibility. We need to find out whether or not that was within the 100 feet of right-a-way dedicated as public easement. If so, it was done without permit. I don't think they want to remove the hedge. We are also trying to find out if they have the responsibility for that landscape buffer when they developed as part of the code. And if so, the issue to maintain it, looking at other issues, but they say that's obviously something we need to look at, but that would be our intent and our desire. COMMISSIONER COYLE: So it's not just going to languish. Somebody is going to take care of it? MR. FEDER: We're going to look at it. We're going to try to make sure that it's addressed. In one way or the other, we'll make sure that it doesn't languish. COMMISSIONER COYLE: Okay. MR. FEDER: But it wouldn't be our desire to take that on as maintenance. We feel it should be the commercial. COMMISSIONER COYLE: Okay. Good. Thank you. CHAIRMAN COLETTA: Commissioner Henning. COMMISSIONER HENNING: I will hold my comments until the public speakers have spoken. CHAIRMAN COLETTA: Okay. And we'll go to public speakers now. Page 13 7 September 24, 2002 MS. FILSON: The first one is Matthew Loiacano. I'm not sure how to say that. CHAIRMAN COLETTA: How many speakers to we have? MS. FILSON: We have three. CHAIRMAN COLETTA: Okay. MS. FILSON: And he will be followed by Grant Grimm. MR. LOIACANO: Good afternoon, Commissioners. For the record, my name is Matthew Loiacano, L-O-I-A-C-A-N-O. I'm vice president with Coastal Communities Corporation, the developer of Berkshire Lakes originally. I do have a brief package I would like to hand out to you, Commissioners, and then I will keep my comments brief. Thank you. There is more detailed backup in the package. My main reason for being here is just to clarify a couple of the items that have been brought up during the course of this process. I'd like to start as commending Grant Grimm as president of the homeowner's association and Commissioner Henning on their effort to get this brought into the MSTU and get this issue clarified. I think they both deserve a congratulations on that. At the time Devonshire was installed in 1989, the code required a buffer between commercial and residential land uses. The code also requires that a long-term maintenance entity be designated on plats. The homeowners, having the most long-term benefit and gain from a well-maintained entry road and buffer, therefore, were given this responsibility. Considering the Berkshire Lakes is surrounded by 1-75, Santa Barbara and Radio roads, and that there are walls and buffers along these areas and the association is responsible for their maintenance, because they benefit from these buffers, the same thinking went into the Devonshire buffers. It was not a way for the developer to dupe the residents or lay an unnecessary financial burden on them. By giving them control, they Page 138 September 24, 2002 could maintain it as nicely or as poorly as they wanted. And if the residents were upset about the appearance, they could make changes or improvements to the landscape or buffer if they chose. They were given control, and as with many benefits, there is also some burden. In this case, a financial burden, but not a very large one when it is divided over 1700 homeowners. Collier County initiated a transportation study in 1999. Tindale-Oliver studied the Radio Road/Santa Barbara Corridor, and they recommended to the county the additional access on Devonshire to try and minimize the accidents that were occurring. This was not initiated by the developer. We cooperated with Collier County and did the improvements on Devonshire and did the improvements on private property to improve the access into and out of the shopping center, in -- in conformance with the county's commissioned study of that area. I just wanted to point out a couple of these issues that have been brought up. Thank you for your time. COMMISSIONER HENNING: Matt -- CHAIRMAN COLETTA: Thank you. COMMISSIONER HENNING: Please, Commissioner, will you allow me? CHAIRMAN COLETTA: Please, go ahead. COMMISSIONER HENNING: Since we did -- we are talking about the access, this has nothing to do with it. The DRI called for the access of the commercial. MR. LOIACANO: There was a secondary access internal to the PUD that was shown on the original DRI; that is correct. COMMISSIONER HENNING: The primary access on the DRI shows it on the collector. That is not complete. When is your organization -- your company going to improve that? Page 139 September 24, 2002 MR. LOIACANO: We are currently in litigation with the owner of the shopping center and one of their tenants over the opening of that access point, Commissioner. COMMISSIONER HENNING: Can we have a better dialogue with that issue so we are kept into the loop with that access? MR. LOIACANO: I speak with Ed Kant from transportation about once a month on that issue. I can speak directly with Mr. Feder if that would help. COMMISSIONER HENNING: The -- the landscaping on the commercial side of it, can we address that and the -- the willingness of-- of your company to take over that maintenance? MR. LOIACANO: I don't know if I'm in a position to directly respond to that today. There -- there is an easement on our property that is outside of the hundred-foot right-of-way. That hedge is within the easement. The easement is not as specific as it would be in today's times, but 13 years ago, it was in conformity with the guidelines of the land development code when it was platted. There are potentially some issues between the homeowners association and the owner of-- the two owners of the commercial property that front on Devonshire. COMMISSIONER HENNING: So you are saying that was built in 1990, the commercial development? MR. LOIACANO: The shopping center was CO'd in 1991, a little over two and a half years after the first residential units were built and conveyed to them for use. COMMISSIONER HENNING: That's just giving us some background information to research land development codes to see that -- what was approved at that time. Thank you. MR. LOIACANO: That's fine. Thank you. MS. FILSON: Your next speaker is Grant Grimm, and he will followed by your final speaker, Fred Rogers. Page 140 September 24, 2002 MR. GRIMM: Good afternoon, Commissioners. For the record, I am Grant Grimm, president of the board of directors for the Berkshire Lakes Homeowners association. I have to take breath for a second before what I start so say here. The commission has made well-known its feeling about a developer committing potential buyers of properties within the development without any input from these people who aren't actually on site yet. And actually, that's -- that's a parallel to our situation, because obviously there was no vote of the people or there probably weren't enough people there to even have a vote, so this is something that was strictly signed by the developer. And the fact that the situation with the access road, which I'm not here to address today, indicates that there was some problem as to whether the developer had certain agreements with the -- the principal lessee of Berkshire Commons as to whether he had the right to proceed without getting their consent, as I understand it. That's why it's in litigation. The access road is being set up in order to alleviate a traffic accident situation which existed on Santa Barbara. And that side, on that one, we feel that for anybody to enter that access road strictly as an access road, and it is a primary access road to Berkshire Commons. Not Radio Road or not Santa Barbara, but Devonshire Boulevard, and primary access road by your own ordinance. Now, coming out of there will be a different situation. We anticipate, and to be proven wrong, we would have to suffer somebody losing their life or having serious accidents, a series of them. We're very fearful about what's going to happen, but only time will tell. We hope that we are wrong on our assessment of what that's going to turn to be as far as the traffic, a potentially disastrous traffic Page 141 September 24, 2002 situation, but having commented on that, which I had not intended to, I'll just make it part of my remarks today. First, I want to say we very much appreciate that the consideration you have shown by allowing us the luxury of a 3:00 p.m. time certain for our Agenda Item 10C. We are sorry not anticipating this meeting would end earlier and we compliment you for that. To carbon copy it, that we could not, in turn, accommodate you by coming in earlier. We're sorry about that. CHAIRMAN COLETTA: No. You don't have to apologize, sir. That's what we are here for. MR. GRIMM: Well, we feel -- we want to cooperate with you as you have cooperated with us, of course. Now in the June 11 unanimous vote of the board to assume landscape maintenance and street lighting of Devonshire Boulevard under Fund 111 was welcome as a relief of a burden we have carried exclusively, for about 15 years. The September 5 workshop relieved any concerns we had by the Board's affirmation of its pledge to honor previous commitments, of which it was determined, Devonshire was one of four from you list of seven. The -- we walked out of there feeling that that was it. We would be here today to thank you and go on our -- on our way. But now we understand that the Radio Road Beautification Committee, which previously had declined to include Devonshire Boulevard median maintenance in -- in their program, was now going to undertake it. As we understood it, they were going to maintain the median and the grass from the street on both sides up to the adjoining hedges. We at Berkshire Commons, pardon me, at Berkshire Lakes would maintain the hedge on our side, which includes irrigation, replacement of hedge, everything you need to do to keep a good looking hedge. Page 142 September 24, 2002 And that the commercial track, which is known as Berkshire Commons, would do the same on their side. But our understanding of that is it was a matter of good will. Now, if-- to me, that's some kind of a tenuous agreement -- arrangement, maybe a chad hanging from this agreement in that good will as it comes can also disappear. We -- we are concerned, or we were concerned about the Radio Road Beautification Committee not assuming the capital improvement or refurbishment, if you will, of the median on Devonshire Boulevard. Mr. Feder has addressed that and, I think, to our satisfaction. But as to the other side, now, obviously, the residents of Berkshire Lakes do want to have some kind of a buffer between us and that commercial track-- if I may? I can finish here in about one minute. CHAIRMAN COLETTA: Thank you. MR. GRIMM: Thank you. If you would, wrap it up, please. That is our concern is how binding is this? What -- what kind of an agreement is it? What will be done to cast it in stone so that it will not be something that rears its ugly head later on and we have to go through this exercise again. I would be willing to answer any questions that you may have. Let's see here. CHAIRMAN COLETTA: Commissioner Henning has got a question for you, sir. MR. GRIMM: We would have had, as I said, more confidence in the total resolution of the problem if it is stayed under Fund 111. Yes, sir. COMMISSIONER HENNING: It's a -- is it my understanding, it it's true, that the homeowners association is willing to maintain the hedge, which borders on Devonshire along the property -- the homes on Devonshire. MR. GRIMM: Absolutely. Without hesitation. Page 143 September 24, 2002 COMMISSIONER HENNING: And that hedge is on the county's property. MR. GRIMM: All-- all the-- all that goes into maintenance, not just trimming it, yes. We will do that, because we have residential property that abuts that hedge. That's their back yard, so to speak. It behooves us to take care of our residencies. COMMISSIONER HENNING: Thank you. MR. GRIMM: And we will do that, yes. If there are any other questions, I would be happy to answer them. That you very much -- CHAIRMAN COLETTA: Thank you. MR. GRIMM: -- for your time and consideration. We appreciate very much the cooperation we have had from your staff and from the -- the members of the board and especially, particularly, we want to thank Commissioner Henning, who represents our district and staff and Mr. Norm Feder and Mr. Mudd for the excellent cooperation and understanding that they have given to us. Thank you. MS. FILSON: Mr. Chairman, your final speaker is Mr. Fred Rogers. MR. ROGERS: Good afternoon, Commissioners. I personally would like to thank you for the 3:00 p.m. thing. It was because of me. I'm the caregiver for my wife, and my time is limited by her needs, so I really appreciate the efforts to enable me to be here. Concerns we have, as I understand the MSTU, they will cut the - - the grass up to the sidewalk, and Mr. Grimm has already committed that we would take care of our side. I'm very, very concerned with the vice president of Coast Communities, who has virtual control of our opposite side is not prepared to commit today to look after their side. I think that is a huge loophole in the plan and certainly needs to be closed within a year if any mutual understanding can be reached. Page 144 September 24, 2002 The MSTU plan is a good one. I think the MSTU Advisory Committee has a vested interest in making sure that things are kept nice in Devonshire and we are certainly anxious to do that. For our part, we would look after the entryways, you know, the maintenance that is required on those. That's the homeowners approach. But the big concern is Coast Communities. Just recently they cut grass on their piece of property that bordered on Santa Barbara Road and Devonshire. The grass was two feet high. It's been that way for some time. I think it was done in the last few days, obviously in preparation of this meeting I would say. We are very, very concerned. The agreement that was mentioned was signed for both parties by the president of those communities. In other words, he was representing both communities and the homeowner's association at the time he signed them. I don't think that's a very -- very ethical process, quite frankly. It may have been legal, but it's not very ethical. So we have concerns. The MSTU is a good plan. If we can resolve and get commitment from Coast Communities that they would look after their side, I think we'll be happy. Thank you very much. CHAIRMAN COLETTA: Thank you. Commissioner Henning. COMMISSIONER HENNING: The -- and I also do have concerns and I guess we're going to have to work that out with Coast Community and Mr. Higgs, because it is a benefit to not only that area but to also the commercial development. As you heard, the homeowner's association is willing and able to take care of their side of Devonshire, so I hope that we can step up that. But in the meantime, Mr. Mudd, Commissioners, the only avenue that we have right now for that maintenance of-- of that side and the capital improvements is out of Fund 111. Page 145 September 24, 2002 So I'm going to make a motion to accept for Radio Road MSTU to take over the maintenance of the median of Devonshire. The county will do whatever capital improvements is -- is found necessary, and in the interim, maintain the commercial side of the landscaping or the hedge on the commercial side out of Fund 111 until Coastal Communities pick up the obligation. And then there is one other thing that we need to have, legal clean-up, is the deed as far as the maintenance on Devonshire, and in no way does my motion or comments reflect any information that Matt has provided to me, because I have had not time to review that. That's my motion. COMMISSIONER CARTER: Second. CHAIRMAN COLETTA: We have a motion by Commissioner Henning, a second by Commissioner Carter. I would like to hear from Mr. Feder if we could. I'm not awful comfortable with this. MR. FEDER: Again, I appreciate the Board's direction. We'll take, as you know, the county has been seeking to maintain in our schedule until this issue got resolved. If I understand the motion, and please correct me if I'm wrong, first of all, the MSTU will take over the median and really up to the sidewalks. The issue at hand is -- is -- is essentially the two hedges. In the case of the hedge up adjacent to the residential, the residents are going to take that. The hedge to the commercial, if I understand the motion, is to ask us to continue to maintain, until we get resolution of it, but hopefully we will also get Board's direction to try and work with Berkshire Commons, the commercial developer to have them take over the responsibility for maintenance of that hedge, which is of value to the commercial area. The only other thing I'll cite to you, it's a little bit off the issue, but I still don't understand when a PUD requires as primary access to Page 146 September 24, 2002 Devonshire, how you can have a lessee that can stop you from implementation of the requirement of that access, what you put in the lease, how it can be inconsistent with the requirements of your PUD? But having said that, to the issue at hand, I hope that the direction is for us to maintain it until we resolve the issue of Berkshire Commons on the hedge by the commission. COMMISSIONER HENNING: Correct. MR. FEDER: Thank you. CHAIRMAN COLETTA: I have -- I have a question if I may, and why -- why aren't we taking this out of the Radio Road MSTU? MR. FEDER: The Radio Road MSTU is taking on the maintenance as was noted of essentially the roadway and the median. The concern is as was pointed out, the hedge is outside of the roadway right-of-way. It's on an easement of the commercial property itself, so I don't think you would have the MSTU maintaining that. CHAIRMAN COLETTA: Okay. So who will maintain that, according to the motion? MR. FEDER: Initially, as I understand it, the county will maintain it, as we were maintaining, while we're trying to address this issue. But that the interest is for us to try and work with the commercial and try and have them take over that maintenance, but until such time, as the county takes on the responsibility to maintain the hedge next to the commercial, the other issues having been resolved hopefully today. CHAIRMAN COLETTA: I could support it if there was a time frame for this to take place, and if it falls outside the time frame, then it would have to come back before us to be able to continue it. In other words, so this isn't something that's indefinitely. MR. FEDER: Yeah. It would be your pleasure. CHAIRMAN COLETTA: Commissioner Henning. Page 147 September 24, 2002 COMMISSIONER CARTER: Would the motioner be comfortable with a 90-day window for resolution? COMMISSIONER HENN1NG: Well, the only problem with that is what's going to happen after 90 days? It is just going to come back to us? COMMISSIONER CARTER: No. I would put it right on the commercial. Say, you've got it after 90 days if you don't work out something with it. COMMISSIONER FIALA: They're collecting the rent for it anyway. Why should we pay -- CHAIRMAN COLETTA: Yeah. Exactly. COMMISSIONER FIALA: -- for their-- for the landscaping of their property? COMMISSIONER HENNING: Well, Commissioner, it's on our property. That's the problem. CHAIRMAN COLETTA: Whose property is it on, Mr. Feder? MR. FEDER: I am only repeating what I think I heard, and I'll invite folks to get up from Berkshire Commons, or the developer, but as I understood it, what he said is one hundred feet of roadway corridor, which is Devonshire, which is county right-of-way, that their hedge is outside of that on an easement that they have where they have the bushes. If that's the case, it's outside of the county's right-of-way, which is another issue of concern as to maintenance. So I'll defer. Is it, in fact, outside the one hundred feet of Devonshire right-of-way? MR. LOIACANO: We recently replatted a portion of the commercial parcel. That plat came before you a year ago, approximately. According to the boundary survey of the plat, the hedge is within a ten-foot easement contained on private property outside of the right-of-way. Page 148 September 24, 2002 And just --just for-- a couple of clarifications, Mr. Feder. The original plan that was attached to the lease with Publix, showed a 130,000 square foot large box user and a small circle-around drive. The relocated drive and the change in the parking configuration is the main issue at the suit. We've revised the original parking configuration to accommodate a different drive aisle. MR. FEDER: I realize that's a separate issue, although one we need to resolve. We're back to the question that I was asked, and -- and maybe some further clarification, if it's outside the hundred foot of right-of-way, and it's on an easement not owned by the county, then I don't know how the county maintains it with taxpayer money. COMMISSIONER HENNING: Right. Could you state your name for the record, please? MR. LOIACANO: Yeah. Matthew Loiacano. COMMISSIONER HENNING: Okay. Thank you. I'll -- I'll -- we are going to have to amend our motion, to remove the maintenance on the easement and I think that myself and the homeowner's association is going to have to deal with that at -- on a different day and possibly bring it back to the Board. COMMISSIONER CARTER: I'll support whatever you want to do, Commissioner Henning. I think it's -- it's when -- you're right, you're not going to get all the resolution today. But a frame work in which you can work with the association developer to get it resolved where the burden does not fall on the taxpayer and I know how judicious you are on that issue yourself, so whatever you want, I'm willing to continue it and second. CHAIRMAN COLETTA: Commissioner Fiala. COMMISSIONER FIALA: He just took care of my problem. CHAIRMAN COLETTA: Okay. Commissioner Coyle. COMMISSIONER COYLE: Me too. Page 149 September 24, 2002 MR. MUDD: Can I add one thing, Commissioner, while we are at it? Just to make sure there is no misunderstanding. The MSTU needs to be amended. That takes time, okay? While all of this stuff is going on, the county will still maintain the median and do all that stuff until we get the MSTU amended. We'll -- we'll work with Mr. -- Commissioner Henning and the homeowners association and the commercials and we'll try to help facilitate to get those agreements in place so that Devonshire, as it was when the homeowners association maintained it, will be the Devonshire of the future. It will be a class -- it will be a class access road and that's, I think, everybody's intent. COMMISSIONER FIALA: Okay. CHAIRMAN COLETTA: Maybe you better re-state the motion so we can -- COMMISSIONER HENNING: The motion is to accept staff's recommendations for the Radio Road MSTU to take care of the median on Devonshire. And the county will, out of Fund 111 do any capital improvements so deemed. And directing the county -- or the legal staff to clean up the language on the deed as far as the maintenance and improvements on the median. MR. WEIGEL: And we will make any necessary amendment to the ordinance. That's David Weigel. COMMISSIONER HENNING: And make any amendments to the ordinance. Thank you. Sorry. CHAIRMAN COLETTA: Okay. And I do have a question if I may. The 111 fund, how far is that committed for this project? I still don't quite understand that. COMMISSIONER HENNING: Very -- very minimal from what I understand, talking to Mr. Feder. CHAIRMAN COLETTA: Is that correct, Mr. Feder? Page 150 September 24, 2002 MR. FEDER: Again, for the record, Norman Feder. Yes. My understanding is while we're maintaining it as we resolve this issue -- CHAIRMAN COLETTA: Uh-huh. MR. FEDER: We would look to make sure -- we're not going to change the landscaping out'there, but if there is anything dead or dying, we would obviously work to address that before we handed it over. CHAIRMAN COLETTA: Okay. I understand. Good work, Commissioner Henning. Is there any other comments? Hearing none, I'll call the question. All those in favor, indicate by saying aye. THE BOARD: Aye. CHAIRMAN COLETTA: They ayes have it five to zero. All right. So, we'll go right down the line here and get closing comments from the commissioners, starting with Commissioner Carter. Item #15C TRANSPORTATION WORKSHOP TO BE HELD WITH THE MPO ON SEPTEMBER 25, 2002 AT THE BROOKS AND OTHER ISSUES RE ANIMALS AND SWFRPC COMMISSIONER CARTER: I have three things. One is, tomorrow the Intermodal Transportation Workshop will take place. The MPO asked me to Chair a subcommittee along with Mike Minozzi and Clark Russell from the city. We will be there, EDC will be there, the committee representatives from the greater Immokalee area will be there as we push to get State Route 29 included into the intermodal game plan because that relates directly to the Immokalee airport, which relates to economic development. Page 151 September 24, 2002 So we will be there in force tomorrow. It starts at 1:00 p.m. That is up at the Brooks, I believe, off of Corkscrew Road. If I don't have that correct, Norman will correct me on that. And you are willing -- you are all welcome to participate because we really need that to happen. An EDC policy group this morning, of course, backed that will - - Tom Conrecode as well as others will be there to support that. Second item is in regards to dealing with -- I'm going to call it a situation, but I need it for clarification, so I'm going to throw it out and ask for clarification. And that is when we pick up animals and if they are listed as a dangerous animal, when we bring it in, do we photo those animals so that there's no misunderstanding about the condition of the animal when it's picked up, and what is our policy once we take them into custody? Do we water, feed them, whatever is necessary? I don't know the procedure. I'm not saying we're not doing anything right. I'm saying it would be good for clarification when people come and may feel that we did something and where we didn't, but what is our policy? MR. OCHS: When -- when an animal comes in, if it's classified as -- as dangerous, we have three different holding areas, if you will, in our facility. One is for animals that are ready to be adopted, another is for those that are sick and need to be separated from the rest of the animals, and third is a quarantine area for-- for dangerous animals. But all the animals that come are -- come in through what we call our intake room. They're checked over. I don't know, Commissioner. I would have to verify whether they're actually photographed, and I'll do that for you and I'll get a full staff report out to the Board before the week's out, telling you exactly what the Page 152 September 24, 2002 procedures are for our intake on all -- all of the animals that come into the facility. But in terms of-- of water and feeding, all of the animals are cared for regardless of which area they're caged in, obviously fed and watered and cared for. We have a veterinarian on site that the Board was good enough to fund a couple of years ago. The facility is staffed with kennel technicians, animal control officers and -- and administrative staff. So I'm-- I'm very confident that the animals are very well cared for, but I will be very happy to -- to have Mr. Dunnuck and-- and the rest of the staff prepare a detailed staff report on that for you. COMMISSIONER CARTER: And when someone picks up an animal, do they sign a release form to us that the animal is okay or whatever? I mean, do we have any way of protecting county government when there is a difference on the condition of an animal upon release? MR. OCHS: Again, I'll -- I don't want to speculate. Let me -- let me go ahead and answer that question as part of my -- my staff report if I may. COMMISSIONER CARTER: Okay. Thank you, sir. MR. OCHS: You're welcome. COMMISSIONER CARTER: Last thing, Mr. Chairman, is Mr. David Burr was appointed by the Regional Planning Council as Executive Director through a national search open process that took place last Thursday. And we will move forward working with that council on a lot of issues, including legislative agenda and other -- other issues that we will be dealing with as we go to -- get ready to go to Tallahassee. Within -- one of the things I know that council will bring up, bring back Commissioner Coletta's committee is the Article V. That's the court system, a lot of money will be here, a lot of issues to Page 153 September 24, 2002 be dealt with and we will need a very strong input to FAC on our position. If you'd look at the selection of the committee that's going there, is -- is the formulating committee appointed by FAC. You will note an absence of anybody -- any county from Southwest Florida. That might tell you something up front that we better be paying attention to what's going on, and we're -- I'm saying that as a warning shot over the bow that we really need to work with our Clerk of Courts, because we stand to lose an enormous amount of money in this whole shake-out ON this deal. That's all I have, Mr. Chairman. CHAIRMAN COLETTA: I'd like to add something to your comments. I -- I don't know if you are aware of it or not, but the council unanimously endorsed Jim Carter to the Governor for a replacement for a person that was appointed by the Governor and is leaving the council, and we're sending that letter on. We're hoping that after Mr. Carter's term ends here, that he'll be able to continue with the Southwest Regional Planning Commission, where he's been a very valuable asset to them and to this county. I'm pretty sure we're going to see that endorsement come forward. I'll also send a personal letter with my recommendations to the Governor to be endorsed for that position. COMMISSIONER CARTER: Thank you, Mr. Chairman. COMMISSIONER FIALA: Congratulations. COMMISSIONER CARTER: Well, our chairman is the one that made the motion to get the council to endorse that. We had a local representative here, Adria Parsons, who just resigned from the Regional Planning Council and she is the Regional President for now, it used to be First Union but now I believe it's Wacovia. It was the surviving company in that merger. CHAIRMAN COLETTA: Commissioner Fiala. COMMISSIONER FIALA: No comments. Page 154 September 24, 2002 CHAIRMAN COLETTA: Commissioner Henning. Item # 15D COMMISSIONER HENNING RE CORPS OF ENGINEERS TO TOUR GOODLAND BY BOAT ON SEPTEMBER 27, 2002 CHAIRMAN COLETTA: Commissioner Henning. COMMISSIONER HENNING: I believe that ifs on this Friday on my calendar, Commissioners, or it might be the following Friday, the Corps of Engineers is going to be in Collier County. We are going to get on a boat and tour Goodland, the Isle of Goodland on their -- their issues with the schulling on the canals. They are down here because they want to see if it warrants a grant study under them, to study -- to find out what the solutions are and what the cost would be, and then, from there, we are going to go to Congress to see if we can get that funded. Item #15E COMMISSIONER HENNING TO WORK WITH COMMISSIONER FIALA/DOVER-KOHL STUDY RELATING TO SMART GROWTH The other item, recently the East Naples Civic Association came to the Dover Kohl Smart Growth Committee, Horizon Committee. I met with that -- that group yesterday. I want to work with East Naples Civic Association and the residents of Naples Manor to -- Naples Manor is looking to focus study on what the -- the desires of Naples Manor for the future, their needs, what they want in their community what is important to them. Page 155 September 24, 2002 And I think it will probably have to be advertised so Commissioner Fiala will be there. COMMISSIONER FIALA: I would like being there, since that's my community. COMMISSIONER HENNING: Right. And -- and it's a -- I just wanted to assure you, I'm just --I want to assist them with some of these Smart Growth ideas and to build a poll of community character ideas, and I'm looking forward to giving a little assistance there. COMMISSIONER FIALA: Well, I've said this before and I'll say it again. I'm delighted that you take an interest in the community, and not only that, but you're bringing a level of expertise that I don't have from you community character and, you know, two hands working together is a lot better than one, so I appreciate your help. Thank you. COMMISSIONER HENNING: Thank you for your comments. And that's what it is, is we are all here to serve the people of Collier County -- COMMISSIONER FIALA: Right. COMMISSIONER HENNING: trying to step on your toes -- COMMISSIONER FIALA: No. COMMISSIONER HENNING: -- and -- and I'm not in no way No. I didn't take it that way. Okay. CHAIRMAN COLETTA: This government and the parts of it and the elements like you mentioned, with the Corps of Army Engineers, is so vast that no one commissioner can ever cover it. I -- I would like to make a motion that we recognize Commissioner Henning as our point person with the Army Corps of Engineers and we refer him to any -- any problems that come up that we need guidance on, we send Commissioner Henning as our representative. Page 156 September 24, 2002 COMMISSIONER FIALA: But don't you have, like, a contact there or somebody? I mean -- no? CHAIRMAN COLETTA: It's a learning process. It's a tremendous amount of information to be absorbed. COMMISSIONER CARTER: I'll second it if-- if Commissioner Henning wants to do it, fine. CHAIRMAN COLETTA: He's doing it, already. COMMISSIONER COYLE: We're just making it official. COMMISSIONER HENNING: Yeah. I'm working on-- CHAIRMAN COLETTA: Let's take a vote before he changes his mind. COMMISSIONER HENNING: I'm working on this issue and I'm sure there's more that I -- I might not be able to tackle, so I'm not even sure if this is even appropriate to bring it up at this time. But I appreciate the support. CHAIRMAN COLETTA: Thank you. Well, we do have a motion and we have a second -- MR. MANALICH: Mr. Chairman, just for clarification, per the Sunshine Law, will this be fact finding only mission with reports back to the Board then? CHAIRMAN COLETTA: That's correct. But we recognize him as the point person as far as fact finding goes. That ought to cover it. I amend my motion and you amend your second? COMMISSIONER CARTER: Oh, of course. CHAIRMAN COLETTA: Good. Okay. All those in favor, indicate by saying aye. THE COURT: The ayes have it five to zero. Congratulations with your new-found -- COMMISSIONER HENNING: Thank you. And I'll remember that. Trust me. Page 157 September 24, 2002 CHAIRMAN COLETTA: You already have, several times. find myself fully occupied with what you remembered already. Commissioner Coyle, you're laughing too hard. What are we going to do give you? COMMISSIONER COYLE: Nothing. CHAIRMAN COLETTA: And I have nothing more to add either, so with that, we're adjourned. Oh, I'm sorry. Hold on one moment. We got Mr. Mudd with a final comment. Items #15B and #15F DISCUSSION RE CHALLENGE OF RURAL FRINGE AND RURAL LANDS AMENDMENT OF THE GMP AND FINAL ORDER PROHIBITED USES - DISCUSSED EARLIER IN MEETING MR. MUDD: Commissioner, you asked some questions at around 2:05 about the Rural Fringe objections and -- and where we stand right now as far as land use while that's being contested in court. And I've got Marjorie and Stan and David Weeks here in order to answer that question, but I think a specific statement as where do we stand as far as land use is concerned and while this thing is being contested, Marjorie would be -- would be something to answer. Thank you. MS. STUDENT: For the record, Marjorie Student, Assistant County Attorney. There were two challenges as the Commission, I'm sure, knows filed to the Rural Fringe Amendments. And I have been in consultation with our outside counsel, Nancy Linnan and Marty Chumbler at Carlton Fields, because they were Page 158 September 24, 2002 evaluating the challenges, vis-a-vis the actual fringe amendments to determine if any of those fringe amendments can be effective. And it was the conclusion, based upon my conversations with Ms. Chumbler that because of the nature of the challenge and as to why certain lines were drawn, that it, in fact, impacts all of the Rural Fringe Amendments. We therefore -- she confirmed for me that we still are under the final order and the moratorium, and there is a whole laundry list of prohibited uses under the moratorium, so we are still under that until this matter is resolved. CHAIRMAN COLETTA: One more question. Hold on, please. Commissioner Coyle. COMMISSIONER COYLE: Among the list of permitted uses under the final order was earth mining. MS. STUDENT: Permitted uses? COMMISSIONER COYLE: Yes. MS. STUDENT: Yes. COMMISSIONER COYLE: So that means that earth mining can continue, or even begin, while this -- this challenge is being considered, right? MS. STUDENT: That would be correct, because I verified with Ms. Chumbler what was on the list of prohibited uses and she did not find earth mining on the list of prohibited. COMMISSIONER COYLE: So -- so it is permitted. MS. STUDENT: That's correct. COMMISSIONER COYLE: Okay. That's troubling. And there is nothing we can do about that, huh? MS. STUDENT: No, sir. Well, I suppose that you could -- I was just going to say, I suppose you could possibly look at Comp Plan Amendments, but since this is all tangled up anyway, it just adds more complications to it. Page 159 September 24, 2002 MR. MUDD: Commissioner, it's a conditional use. It's not a permitted use, and with conditional use, it goes in front of the Planning Commission and it comes to this Board for your -- for your decision, so, yes, you have some say. COMMISSIONER COYLE: Okay. That's good. MS. STUDENT: Thank you for that, because I haven't committed all those -- I've tried to commit all that to memory, but haven't been able to and, of course, on a conditional use, there are four criteria that the Board looks at and if any of those are not met, it can be denied and you have the ability to put stipulations on those. COMMISSIONER COYLE: Good. That -- that brings one last question up, okay? Are there any permitted uses under the final order that would be contrary to our efforts to preserve the sending lands. MS. STUDENT: I'm afraid that that would take some further evaluation, because in that area, there are -- Dave? I'm going to have to call a planner here. MR. WEEKS: For the record, David Weeks for the comprehensive planning staff. If I understand the question correctly, I'm going to rephrase it. Are there any uses that are allowed by the final order that are not allowed under those Rural Fringe Amendments? COMMISSIONER COYLE: I -- I think that's a correct re- statement. MR. WEEKS: The answer to that is, yes. There are some uses the final order would allow that our fringe amendments as adopted would not allow. COMMISSIONER COYLE: What are those? Do you know right offhand? MR. WEEKS: I'm a little hard pressed, but I -- the specific area would be those sending lands. COMMISSIONER COYLE: Yes. Page 160 September 24, 2002 MR. WEEKS: Those are the ones of the highest environmental value. Those are the ones that have the most restrictive allowed uses under the sending land designation. I don't know if I could pull one off the top of my head, but there definitely are some. Well, the excavation is one case on point. COMMISSIONER COYLE: Yes. MR. WEEKS: It's allowed by the final order and is not allowed in the sending lands. COMMISSIONER COYLE: Okay. You said allowed, but it's - - its a conditional -- MR. WEEKS: Not permitted at all. The sending lands designations do not permit excavation. COMMISSIONER COYLE: No. I understand that part. But the final order permits excavation as a conditional use. But are there any permitted uses that would be counter to our interest in preserving the -- the -- MR. WEEKS: The final order doesn't change the nature of how the uses are allowed, that is, conditional versus permitted. Actually, what the final order says is, here's your list of uses that are prohibited, so it's kind of the opposite way of looking at it, so if the uses are not on the list of prohibited uses, then they are allowed. The mechanism by which they are allowed is as spelled out in our land development code, so that the final order isn't superseding our land development code in the sense of permitted, it's conditional or instead of conditional it's permitted. It simply says certain uses are not allowed and if they are allowed, go through the usual zoning process. COMMISSIONER COYLE: Okay. CHAIRMAN COLETTA: Did you follow that? MR. MUDD: Commissioner, plus, there is a density issue, too, between the two. And-- and that's -- Page 161 September 24, 2002 COMMISSIONER COYLE: limitation is not there. MR. MUDD: Yes, sir. COMMISSIONER COYLE: MR. MUDD: Yes, sir. COMMISSIONER COYLE: CHAIRMAN COLETTA: adjourned. That's right. The -- the 40-acre That's troubling. Okay. All right. Thank you. Okay. And with that, we're ***** Commissioner Carter moved, seconded by Commissioner Fiala and carried unanimously, that the following items under the Consent and Summary Agendas be approved and adopted: ***** Item #16Al FIRST AMENDMENT TO LEASE BETWEEN CPOC REALTY, L.L.C. AND COLLIER COUNTY FOR CONTINUED USE OF OFFICE SPACE FOR THE FINANCIAL ADMINISTRATION AND HOUSING DEPARTMENT- ANNUAL RENT IN THE AMOUNT OF $44,636.88 FOR THE FIRST YEAR AND INCREASED BY 4 PERCENT FOR THE SECOND YEAR Item #16A2 FOURTH AMENDMENT TO 2002 TOURISM AGREEMENT WITH KELLEY SWOFFORD ROY, INC., EXTENDING EXPIRATION DATE FROM SEPTEMBER 30, 2002 TO JANUARY 31, 2003 TO ALLOW FY02 ADVERTISING AND PROMOTION FUNDS TO BE EXPENDED IN FY03 Page 162 September 24, 2002 Item # 16A3 BUDGET AMENDMENT TRANSFERRING $3,608.04 FROM TOURIST DEVELOPMENT FUND 194 TO UTILITY REGULATION FUND 669 FOR REIMBURSEMENT OF FY01/02 EXPENDITURES MADE BY UTILITY REGULATION, WHICH WERE DEDICATED TO THE TOURISM EFFORT Item # 16A4 BUDGET AMENDMENT TRANSFERRING $20,000 FROM TOURIST DEVELOPMENT FUND 194 TO UTILITY REGULATION FUND 669 FOR REIMBURSEMENT OF UTILITY REGULATION STAFF TIME DEDICATED TO THE TOURISM EFFORT Item #16A5 SATISFACTION OF LIEN FOR CODE ENFORCEMENT BOARD CASE NO. 2001-075 STYLED BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA VS. CHARLES HITCHCOCK, INC., MCALPINE BRIARWOOD, INC., AND CHARLES HITCHCOCK (BRIARWOOD GOLF & PRACTICE CENTER) REGARDING VIOLATION TO SECTION 3.3.11 OF ORDINANCE 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE Item #16A6 Page 163 September 24, 2002 SATISFACTION OF LIEN FOR CODE ENFORCEMENT BOARD CASE NO. 2001-037 STYLED BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA VS. ENRIQUE IGLESIAS REGARDING VIOLATION OF SECTION 3.9.3 OF ORDINANCE NO. 91-102, AS AMENDED OF THE COLLIER COUNTY LAND DEVELOPMENT CODE Item # 16A7 SATISFACTION OF LIEN FOR CODE ENFORCEMENT BOARD CASE NO. 2001-379 STYLED BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA VS. CHARLES AND JOAN HUMPHRIES REGARDING VIOLATION OF ORDINANCE NO. 99-51 OF THE COLLIER COUNTY LAND .DEVELOPMENT CODE Item #16A8 SATISFACTION OF LIEN FOR CODE ENFORCEMENT BOARD CASE NO. 2002-005 STYLED BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA VS. QUAIL CROSSING PROPERTY OWNERS ASSOCIATION REGARDING VIOLATION TO ORDINANCE NO. 91-102, AS AMENDED OF THE COLLIER COUNTY LAND DEVELOPMENT CODE Item #16A9 SATISFACTION OF LIEN FOR CODE ENFORCEMENT BOARD CASE NO. 2001-061 STYLED BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA VS. A.L. Page 164 September 24, 2002 DOUGHERTY CO., INC., REGARDING VIOLATION TO ORDINANCE NO. 91-102, AS AMENDED OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AND VIOLATION TO ORDINANCE NO. 99-51 OF THE COLLIER COUNTY LITTER AND WEED ORDINANCE Item #16Al0 PURCHASING POLICY WAIVED; SOLE SOURCE LIMITED ENGAGEMENT OF MC LAUGHLIN TOURISM MANAGEMENT TO ASSIST STAFF IN DEVELOPMENT OF THE FY03 ADVERTISING/PROMOTION PLAN- IN AN AMOUNT NOT TO EXCEED $30,000 Item #16Al 1 AMENDED TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE NAPLES BOTANICAL GARDENS, EXTENDING EXPIRATION DATE FROM SEPTEMBER 30, 2002 TO SEPTEMBER 30, 2003, TO ALLOW FY02 SPECIAL MUSEUM GRANT FUNDS TO BE EXPENDED IN FY03 Item #16A12 STATUS REPORT ON THE WORK PLAN AND SCHEDULE FOR PREPARATION OF AN INTERLOCAL AGREEMENT WITH THE COLLIER COUNTY SCHOOL BOARD FOR COORDINATED LAND USE AND SCHOOL PLANNING AS REQUIRED BY CHAPTER 2002-296 LAWS OF FLORIDA Page 165 September 24, 2002 Item #16A13 SATISFACTION OF LIEN FOR CODE ENFORCEMENT BOARD CASE NO. 1999-069 STYLED BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA VS. DALE HORBAL AND CHERYL HORBAL REGARDING VIOLATION OF SECTION 3.9.6.6.6 OF ORDINANCE 91-102, AS AMENDED OF THE COLLIER COUNTY LAND DEVELOPMENT CODE Item #16A14 SATISFACTION OF LIEN FOR CODE ENFORCEMENT BOARD CASE NO. 2001-023 STYLED BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA VS. TERRY ARCE REGARDING VIOLATION OF SECTION 3.9.3 OF ORDINANCE 91-102, AS AMENDED OF THE COLLIER COUNTY LAND DEVELOPMENT CODE Item #16Al 5 - Continued to October 8, 2002 2003 TOURISM AGREEMENT WITH MARCO ISLAND HISTORICAL SOCIETY FOR TOURIST DEVELOPMENT SPECIAL MUSEUM GRANT OF $25,000 Item # 16A 16 RESOLUTIONS 2002-389 THROUGH 2002-398 CODE ENFORCEMENT LIENS TO RECOVER PUBLIC FUNDS EXPENDED FOR THE ABATEMENT OF PUBLIC NUISANCES Page 166 September 24, 2002 Item #16A17 FINAL ACCEPTANCE OF WATER UTILITY FACILITIES FOR HAWTHORNE SUITES AND RELEASE THE UTILITIES PERFORMANCE SECURITY TO THE PROJECT ENGINEER OR THE DEVELOPER'S DESIGNATED AGENT Item #16A18 RESOLUTION 2002-399, RE PETITION AVESMT2001-AR659, VACATING THE COUNTY'S AND THE PUBLIC'S INTEREST IN A DRAINAGE EASEMENT CONVEYED TO COLLIER COUNTY BY SEPARATE INSTRUMENT AND ACCEPTING A DRAINAGE EASEMENT AS A RELOCATION EASEMENT, LOCATED IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA Item #16A19 IMPACT FEE REFUND REQUEST IN THE AMENDED AMOUNT OF $60,255.79 FROM PRESTINE HOMES Item # 16B 1 COUNTY INCENTIVE GRANT PROGRAM (CIGP) AMENDMENT EXTENSION FOR LIVINGSTON ROAD FROM GOLDEN GATE PARKWAY TO PINE RIDGE ROAD Item #16B2 Page 167 September 24, 2002 WORK ORDER gPBS-FT-02-01 FOR THE CONSTRUCTION, ENGINEERING AND INSPECTION SERVICES BY PBS&J, INC. FOR GOODLETTE-FRANK ROAD (PINE RIDGE ROAD TO VANDERBILT BEACH ROAD) FOUR AND SIX LANE IMPROVEMENT - IN AN AMOUNT NOT TO EXCEED $1,265,384.22 Item gl 6B3 - Deleted Item gl 6B4 PURCHASE OF ONE (1) TRACTOR WITH BOOM MOWER ATTACHMENT FROM ALAMO SALES CORPORATION- IN THE AMOUNT OF $80,703.00 Item gl 6B5 WORK ORDER gJEI-01-02 IN THE AMOUNT OF $1,601,472.25 FOR THE CONSTRUCTION, ENGINEERING & INSPECTIONS SERVICES BY JOHNSON ENGINEERING, INC. FOR IMMOKALEE ROAD 'MILESTONE 1 & 2' (WILSON BOULEVARD TO 43~ AVENUE N.E.) FOUR LANE IMPROVEMENTS Item gl 6B6 - Deleted Item gl 6B7 BID g02-3416, IMMOKALEE BEAUTIFICATION MSTU/MSTD ROADWAY GROUNDS MAINTENANCE- AWARDED TO Page 168 September 24, 2002 COMMERCIAL LAND MAINTENANCE, INC. IN THE AMOUNT OF $154,839 Item # 16B8 EASEMENT AGREEMENT AND DRAINAGE EASEMENT TO ACQUIRE A 60 x 150 FOOT PARCEL OF LAND IN THE NAPLES GATEWAY ESTATES SUBDIVISION AT A COST OF $800 FOR THE LELY AREA STORMWATER IMPROVEMENT DISTRICT WHICH IS LOCATED WITHIN THE EAST NAPLES AREA Item #16B9 CONTRACT AMENDMENT TO THE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND APAC- FLORIDA, INC. TO ALLOW PIPE REPLACEMENT AND REPAIR ON GOLDEN GATE BOULEVARD Item # 16B 10 RESOLUTION 2002-400, AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF FEE SIMPLE INTERESTS REQUIRED FOR A STORM WATER TREATMENT POND WHICH WILL BE REQUIRED FOR THE CONSTRUCTION OF ROADWAY IMPROVEMENTS ALONG 13TH STREET SOUTHWEST FROM GOLDEN GATE BOULEVARD SOUTH TO 16TM AVENUE SW Page 169 Item #16B 11 - Moved to Item #1 OM September 24, 2002 Item # 16B 12 PURCHASE ORDER MODIFICATION WITH MC GEE & ASSOCIATES FOR U.S. 41 NORTH PHASE I LANDSCAPE SERVICES - IN THE AMOUNT OF $5,7300.00 Item # 16B 13 WORK ORDER NO. BRC-FT-03 WITH BETTER ROADS, INC. FOR MEDIAN IMPROVEMENTS ON DAVIS BOULEVARD BETWEEN COMMERCIAL DRIVE AND PINE STREET - IN THE AMOUNT OF $113,075.55 Item # 16B 14 RIGHT OF ENTRY FROM NAPLES BOTANICAL GARDENS, INC. FOR PERMISSION TO ENTER UPON PROPERTY LOCATED ADJACENT TO AND INCLUDING LAKE KELLY FOR THE PURPOSE OF ALLOWING ROAD MAINTENANCE DEPARTMENT STAFF TO MAINTAIN THE VEGETATION BY APPLICATION OF STATE CERTIFIED HERBICIDES Item #16B 15 - Moved to Item #1 ON Item gl 6B 16 - Continued to October 8, 2002: CHANGE ORDER WITH APAC, INC. FOR ROADWAY IMPROVEMENTS ON THE NORTH 11TH STREET EXTENSION PROJECT AT THE INTERSECTION OF STATE ROAD 29 Page 170 September 24, 2002 Item #16B 17 RESOLUTION 2002-401, ENDORSING THE INCLUSION OF 1-75, SR-29 NORTH OF 1-75, AND THE IMMOKALEE AIRPORT IN THE STATE OF FLORIDA STRATEGIC INTERMODAL SYSTEM Item # 16C 1 RESOLUTION 2002-402, SATISFACTION OF LIEN FOR SOLID WASTE RESIDENTIAL ACCOUNT WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND LIEN IS SATISFIED IN FULL FOR THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENT Item #16C2 RESOLUTION 2002-403, SATISFACTION OF LIEN FOR SOLID WASTE RESIDENTIAL ACCOUNT WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND LIEN IS SATISFIED IN FULL FOR THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENT Item #16C3 RESOLUTION 2002-404, SATISFACTION OF LIEN FOR SOLID WASTE RESIDENTIAL ACCOUNT WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND LIEN IS SATISFIED IN FULL FOR THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENT Page 171 September 24, 2002 Item #16C4 RESOLUTION 2002-405, SATISFACTION OF LIEN FOR SOLID WASTE RESIDENTIAL ACCOUNT WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND LIEN IS SATISFIED IN FULL FOR THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENT Item #16C5 SATISFACTIONS OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEES Item #16C6 SATISFACTIONS OF LIEN DOCUMENTS FILED AGAINST REAL PROPERTY FOR ABATEMENT OF PUBLIC NUISANCE Item #16C7 PURCHASING POLICY WAIVED; PURCHASE ORDER MODIFICATION FOR THE ADJUSTMENT OF WATER AND SEWER VALVES RELATING TO THE WIDENING OF U.S. 41 FROM RATTLESNAKE HAMMOCK ROAD TO BAREFOOT WILLIAMS ROAD- IN THE AMOUNT OF $9,859.00 Item #16C8 Page 172 September 24, 2002 BUDGET AMENDMENT TRANSFERRING FUNDS FROM MANDATORY TRASH COLLECTION FUND (473) RESERVES FOR PAYMENT TO HAULERS FOR THE SOLID WASTE MANDATORY COLLECTION PROGRAM Item # 16D 1 AGREEMENT FOR FISCAL YEAR 2002-2003 FUNDING CONTRIBUTION TO THE DAVID LAWRENCE MENTAL HEALTH CENTER, INC. AT A COST OF $926,100.00 Item #16D2 ANNUAL CONTRACT BETWEEN COLLIER COUNTY AND THE STATE OF FLORIDA DEPARTMENT OF HEALTH FOR OPERATION OF THE COLLIER COUNTY HEALTH DEPARTMENT AT A FY03 COST TO THE COUNTY OF $1,343,200.00 Item gl 6D3 BUDGET AMENDMENT TO TRANSFER $200,000 FROM THE GOLDEN GATE COMMUNITY CENTER TO PARKS CAPITAL PROJECTS FOR THE COMMUNITY CENTER'S SHARE OF THE CONSTRUCTION COSTS OF THE NEW ANNEX BUILDING Item #16D4- Deleted Item # 16D5 Page 173 September 24, 2002 RENEWAL AGREEMENT FOR JOINT USE OF FACILITIES WITH ST. JOHN NEUMANN HIGH SCHOOL Item #16D6 MODIFICATION TO THE CAXAMBAS PARK SUBMERGED LAND LEASE WITH THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AT AN ADDITIONAL ANNUAL COST OF $150.00 Item #16D7 BID #02-3407 AWARDED TO PRO SOURCE ONE AND LESCO, INC. AS PRIMARY AND SECONDARY VENDORS FOR THE PURCHASE AND DELIVERY OF FERTILIZER AT A PROJECTED COST OF $200,000 Item # 16E 1 BID #02-3409 AWARDED TO 3D SITEWORK CORPORATION, HUGHES SUPPLY, INC. AND METAL CULVERTS FOR THE PURCHASE AND DELIVERY OF CONCRETE AND METAL CULVERT PIPE AT AN ANNUAL COST OF $35,000 Item #16E2 AMENDMENT TO THE CONTRACT BETWEEN COLLIER COUNTY AND INSURANCE AND RISK MANAGEMENT SERVICES, INC. FOR THE PLACEMENT OF NATIONAL FLOOD INSURANCE AND BUILDER'S RISK INSURANCE POLICIES Page 174 September 24, 2002 Item # 16E3 BUDGET AMENDMENT TO THE GROUP HEALTH AND LIFE PLAN IN THE AMOUNT OF $1,249,900 TO FUND CLAIMS PAYMENTS THROUGH SEPTEMBER 30, 2002 Item #16E4 2003 PAY AND CLASSIFICATION PLAN Item # 16E5 BID #02-3372 AWARDED TO FIRST COAST AUCTIONEER FOR FULL SERVICE AUCTIONEER AGREEMENT Item #16E6 CONTRACTS #01-3290 "FIXED TERM PROFESSIONAL ENGINEERING SERVICES"- AWARDED TO Q. GRADY MINOR AND HOLE MONTES FOR THE ESTIMATED ANNUAL AMOUNT OF $1,000,000 Item # 16F 1 APPROPRIATION OF $11,648 UNANTICIPATED REVENUE FROM A COMMUNICATIONS TOWER LEASE Item #16F2 Page 175 September 24, 2002 AMENDMENT TO THE CONTRACT BETWEEN THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE SOUTHWEST FLORIDA PROFESSIONAL FIREFIGHTERS AND PARAMEDICS, LOCAL 1826 IAFF FOR PROVIDING I-IEAI.THCARE BENEFITS TO EMS PART-TIME EMPLOYEES Item #16F3 RESOLUTION 2002-406 AUTHORIZING THE EXECUTION AND ACCEPTANCE OF AN AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND COLLIER COUNTY REGARDING EMERGENCY MANAGEMENT PROGRAM ENHANCEMENT Item #16F4 TRANSPORTATION SERVICE AGREEMENT BETWEEN NCH HEALTHCARE SYSTEM INC., AND COLLIER COUNTY FOR A DEDICATED INTER-FACILITY TRANSPORT AMBULANCE AT NO COST TO THE COUNTY Item # 16G 1 BUDGET AMENDMENT RESOLUTION 2002-01, AMENDING THE FISCAL YEAR 2001-02 ADOPTED BUDGET Item # 16H 1 REQUEST TO RECLASSIFY $7,704.07 IN UNCOLLECTIBLE ACCOUNTS RECEIVABLE INCURRED BY THE AIRPORT AUTHORITY Page 176 September 24, 2002 Item # 16H2 TRANSFER OF $78,800 FROM THE GENERAL FUND (001) TO THE COLLIER COUNTY AIRPORT AUTHORITY FUND (495) TO OFFSET SHORTFALLS IN AIRPORT REVENUE Item #I 1 PAYMENT IN THE AMOUNT OF $50.00 FOR COMMISSIONER FIALA TO ATTEND THE NAACP ANNUAL FREEDOM FUND BANQUET, SILENT AUCTION AND DANCE TO BE HELD ON OCTOBER 19, 2002 AT THE ELKS LODGE Item #1612 PAYMENT IN THE AMOUNT OF $25.00 FOR COMMISSIONER CARTER TO ATTEND THE UNITED WAY OF COLLIER COUNTY 2002 CAMPAIGN KICKOFF TO BE HELD ON SEPTEMBER 25, 2002 AT THE NAPLES BEACH HOTEL & GOLF CLUB 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 177 FOR BOARD Ao Bo BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE September 24, 2002 ACTION: 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 August 24, 2002 through August 30, 2002 2. Disbursements for August 31, 2002 through September 6, 2002. Districts: 1. Collier Mosquito Control District - Regular Meeting Schedule 2002-03, District's Registered Office/Registered Agent, Proposed Budget and Current District Map. 2. Port of the Islands Community Improvement District - Minutes of Meeting held July 19, 2002, Adopted Budget, Financial Statements June 2002 and Current District Map. Minutes: 1. Collier County Metropolitan Planning Organization - Agenda for September 13, 2002. 2. Bayshore/Gateway Triangle Local Redevelopment Advisory Board - Minutes of December 6, 2001, Minutes of April 3, 2002, Minutes of May 1, 2002, Minutes of July 3, 2002, Minutes of June 12, 2002 3. Workforce Housing Advisory Committee - Agenda for August 5, 2002, Minutes of June 17, 2002, Agenda for August 19, 2002, Minutes for August 5, 2002, Minutes for July 15, 2002 4. Environmental Advisory Group -Notice of no meeting in August 5. Immokalee Local Redevelopment Advisory Board - Minutes of June 27, 2002 6. Golden Gate Area Master Plan Restudy Committee -Agenda for July 31, 2002, Minutes for July 10, 2002, Minutes of April 24, 2002, Minutes of May 8, 2002, Minutes of May 22, 2002, Minutes of June 12, 2002 7. Parks and Recreation Advisory Board - Agenda for August 21, 2002, Minutes of June 12, 2002 Co H:Data/Format Do o o 10. 11. 12. 13. 14. Other: 1) 2) -Enterprise Zone Development Agency - Collier County Finance Admin. and Housing- Minutes of July 25, 2002, Minutes of May 23, 2002, Minutes of March 28, 2002. Golden Gate Beautification Advisory Committee - Agenda for August 31, 2002, Minutes of July 9, 2002. Lely Golf Estates Beautification Advisory Committee - Agenda for August 15, 2002, Minutes for July 18, 2002 Lake Trafford Restoration Task Force Meeting - Minutes of July 8, 2002 Pelican Bay MSTU Advisory' Committee - Agenda for July 24, 2002, Minutes for July 11, 2002, Agenda for August 7, 2002, Minutes of July 3, 2002, Minutes of July 11, 2002, Minutes of July 24, 2002 Collier County Airport Authority - Agenda for August 12, 2002 Minutes of May 13, 2002 Productivity Committee Meeting Minutes - Minutes of June 5, 2002, Minutes June 12, 2002 and Minutes of June 11, 2002 Guy L. Carlton, Collier County Tax Collector - Department of Revenue Rules and Regulations and the 2001 Tax Roll. Collier County Clerk of the Court - Payment of Public Notice for Unclaimed Funds. H:Data/Format September 24, 2002 Item #16K1 - Deleted Item #16K2 BUDGET AMENDMENT FUNDING PROJECTED PERSONAL SERVICES SHORTAGE IN COURT ADMINISTRATION Item # 16K3 CHANGE ORDER NO. 2, AMENDING CURRENT CONTRACT WITH KPMG LLP FOR AUDITING SERVICES TO INCLUDE GOVERNMENT ACCOUNTING STANDARDS BOARD, STATEMENT NO. 34, "THE NEW GOVERNMENTAL REPORTING MODEL"- IN THE AMOUNT OF $20,000 Item #16K4 BOARD OF COUNTY COMMISSIONERS TO SERVE AS THE LOCAL COORDINATING UNIT OF GOVERNMENT IN THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT'S EDWARD BYRNE MEMORIAL STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE FORMULA GRANT AND APPROVING SHERIFF'S OFFICE GRANT APPLICATION Item # 16K5 BUDGET AMENDMENTS RECOGNIZING ADDITIONAL FISCAL YEAR 2002 REVENUE IN THE CONFISCATED TRUST FUND (602) Page 178 September 24, 2002 Item #16K6 PURCHASES OF GOODS AND SERVICES IN REPORT OF OPEN PURCHASE ORDERS DETERMINED TO SERVE A VALID PUBLIC PURPOSE AND AUTHORIZATION TO EXPEND COUNTY FUNDS TO SATISFY SAID PURCHASES Item # 16L 1 STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION OF PARCEL 175C IN THE LAWSUIT ENTITLED COLLIER COUNTY V. MICHAEL S. COMBS, ET AL, (IMMOKALEE PHASE 1 PROJECT)- STAFF TO DEPOSIT THE SUM OF $350 INTO THE REGISTRY OF THE COURT Item #16L2 RESOLUTION 2002-407, AUTHORIZING THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY TO ISSUE REVENUE BONDS TO BE USED TO FINANCE HEALTH CARE FACILITIES FOR NCH HEALTHCARE SYSTEM, INC. Item #16L3 STIPULATED FINAL JUDGMENT RELATIVE TO THE ACQUISITION OF PARCEL 209 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. ARMANDO A. LAMBERT, ET AL., (IMMOKALEE PHASE 1 PROJECT)- STAFF TO DEPOSIT THE SUM OF $2,000 INTO THE REGISTRY OF THE COURT Page 179 September 24, 2002 Item #16L4 RETENTION OF NICHOLS HOSPITALITY CONSULTING, INC. AND JAN L. NICHOLS AS CONSULTANTS OR EXPERTS ON HOTEL ISSUES IN AQUAPORT V. COLLIER COUNTY, CASE NO. 2:01-CV-341-FTM-29DNF Item # 16L5 CONTINUING RETENTION AGREEMENT FOR LEGAL SERVICES ON AN "AS NEEDED" BASIS WITH THE LAW FIRM OF CARLTON, FIELDS, WARD, EMANUEL, SMITHY & CUTLER, P.A., TO MEET COUNTY PURCHASING POLICY CONTRACT UPDATE REQUIREMENTS Item #16L6 COUNTY ATTORNEY TO PREPARE AN AMENDMENT TO ORDINANCE 99-85 (CODIFIED AT S.126-2, COLLIER COUNTY CODE OF LAWS AND ORDINANCES) IMPLEMENTING THE RECENTLY ENACTED PROVISIONS OF S. 196.075, F.S. (ADDITIONAL HOMESTEAD EXEMPTION FOR PERSONS 65 AND OLDER) Item # 16L7 RESOLUTION 2002-408, RELATING TO A REPORT OF THE FLORIDA SUPREME COURT INSPECTOR GENERAL CONCERNING THE COLLECTION, EXPENDITURE AND DISPOSITION OF CERTAIN MEDIATION FUNDS AND FEES Page 180 September 24, 2002 BY THE TWENTIETH JUDICIAL CIRCUIT OFFICE OF COURT ADMINISTRATION Item #17A BUDGET AMENDMENT RESOLUTION 2002-02, AMENDING THE FISCAL YEAR 2001-02 ADOPTED BUDGET Item # 17B - Continued Indefinitely RESOLUTION TO APPROVE THE EXPANSION OF THE GEOGRAPHIC BOUNDARIES OF THE COLLIER COUNTY WATER-SEWER DISTRICT TO INCORPORATE AREAS WITHIN THE RURAL FRINGE AMENDMENT AREA Item #17C RESOLUTION 2002-409, RE PETITION CUE-2002-AR-2088, THOMAS HAWKINS REQUESTING A ONE-YEAR EXTENSION OF AN APPROVED CONDITIONAL USE FOR AN ASSISTED LIVING FACILITY LOCATED AT 2101 COUNTY BARN ROAD, CONSISTING OF APPROXIMATELY 9.63 ACRES There being no further business for the good of the County, the meeting was adjourned by order of the Chair- Time: 6:15 p.m. Page 181 September 24, 2002 BOARD OF COUNTY COMMISSIONERS BOARD OF ZON1NG APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL JAME~"N. COLETTA, CHAIRMAN These minute/s approved by the Board on As presented ~ or as corrected Page 182