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BCC Minutes 12/17/2002 RDecember 17, 2002 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, December 17, 2002 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special district as has been created according to law and having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Jim Coletta Frank Halas Donna Fiala Fred W. Coyle Tom Henning ALSO PRESENT: Jim Mudd, County Manager; and David Weigel, County Attorney. Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA December 17, 2002 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST 1 December 17, 2002 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. INVOCATION AND PLEDGE OF ALLEGIANCE AGENDA AND MINUTES Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) November 19, 2002 - Regular Meeting SERVICE AWARDS A. Twenty-Year Attendee: 1) Helen Ortega, Emergency Medical Services B. Twenty-Five Year Attendee: 1) Larry Henry, Transportation Operations PROCLAMATIONS Proclamation to recognize Saturday, December 21, 2002, as National Homeless Persons' Awareness Day. To be accepted by Mr. George Drobinski, District Director of Catholic Charities of Collier County and Mary Soucek, Chairwomen of the Hunter and Homeless Coalition. PRESENTATIONS PUBLIC PETITIONS Ae Public Petition request from Mr. Tor Kolflat to discuss Grey Oaks Exclusion from Livingston Road Beautification Phase II MSTU. 2 December 17, 2002 7. BOARD OF ZONING APPEALS Ae This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA-2002-AR-2705, Steven Jacobs, of Tristar Development of Naples, LLC, requesting a 10-foot variance from the required 20-foot front yard setback to 10 feet for property located at 4800 Yacht Harbor Drive, further described as Lot 1.1, Tract M, Windstar Subdivision, in Section 14, Township 50 South, Range 25 East, Collier County, Florida. ADVERTISED PUBLIC HEARINGS This item has been continued from the November 5~ 2002 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. RZ-2001-AR-1649, Robert L. Duane, of Hole Montes, Inc., representing Craig D. Timmins, Trustee, requesting a rezone from RSF-3 to C-1 for property located South of Immokalee Road on the East Side of Veterans Park Drive, in Section 26, Township 48 South, Range 25 East, Collier County, Florida. B. This item has been deleted. This item has been continued from the November 19, 2002 BCC Meeting. This item requires that all participants be sworn in and ex pane disclosure be provided by Commission members. Petition DOA-2002-AR- 2567, Robert Mulherc of RWA, Inc., representing J.E.D. of Southwest Florida, Inc., and Colony Corporate Center, Inc., requesting an Amendment to the "Pelican Marsh" Development of Regional Impact (DRI), for the purpose of increasing the allocation of medical office space allowed from 9,000 square feet to 26,000 square feet within the approved overall general office leasable floor area of 295,888 square feet and to correct a Scrivener's Error contained within the development order for property located North of Vanderbilt Beach Road (CR 901) and East of Livingston Road, in Sections 25, 27, 34, 35 and 36, Township 48 South, Range 25 East, and Section 31, Township 48 South, Range 26 East, Collier County, Florida. This item has been continued from the November 19, 2002 BCC Meeting. This item requires that all participants be sworn in and ex pane disclosure be provided by Commission members. Petition PUDA-2002-AR- 2566, Robert Mulhere of RWA, Inc., representing J.E.D. of Southwest 3 December 17, 2002 Florida, Inc., and Colony Corporate Center, Inc., requesting an Amendment to the "Pelican Marsh" Planned Unit Development (PUD), for the purpose of increasing the allocation of medical office space allowed from 9,000 square feet to 26,000 square feet within the approved overall general office leasable floor area of 295,888 square feet for property located North of Vanderbilt Beach Road (CR 901) and East of Livingston Road, in Sections 25, 27, 34, 35 and 36, Township 48 South, Range 25 East, and Section 31, Township 48 South, Range 26 East, Collier County, Florida. This item has a Time Certain of 10:00 a.m. This item has been F® Ge continued from the December 3~ 2002 BCC Meeting. An Ordinance creating the South 8th Street/Doak Avenue Municipal Service Taxing and Benefit Unit; providing the authority; providing for the creation; providing a purpose and governing body; providing for annual estimates of expenses, taxation not to exceed .5 MILS of Ad Valorem Taxes per year and Assessment Rate; providing for the collection of Taxes and Assessments; providing for conflict and severability; providing for inclusion in the Collier County Code of Laws and Ordinances; providing for an effective date. This item has a Time Certain and will be heard immediately following Item 8E. This item has been continued from the December 3~ 2002 BCC Meeting. An Ordinance creating the Little League Road/Trafford Farm Road Municipal Service Taxing and Benefit Unit; providing the authority, providing for the creation; providing a purpose and governing body; providing for annual estimates of expenses; taxation not to exceed .5 MILS of Ad Valorem Taxes per year and Assessment Road; providing for the collection of Taxes and Assessments; providing for conflict and severability; providing for inclusion in the Collier County Code of Laws and Ordinances; providing for an effective date. This item has been continued from the November 19, 2002 BCC Meeting. This item requires that all participants be sworn in and ex part, disclosure be provided by Commission members. Petition PUDA-01-AR- 431, James G. O'Gara, representing Park East Development Ltd., requesting a rezone from "PUD" Planned Unit Development to PUD for the purpose of amending the Founders Plaza PUD to allow additional small-scale retail land uses only on those parcels that exceed 150 feet in depth for property located on the North and South sides of Golden Gate Parkway (CR 886) and at the Santa Barbara Canal Crossing in Section 28, Township 49 South, Range 26 4 December 17, 2002 East, Collier County, Florida. This item has a Time Certain of 1:00 p.m. Consideration of an Ordinance that establishes a Collier County Human Relations Commission. e BOARD OF COUNTY COMMISSIONERS Ae Appointment of member to the Ochopee Fire Control District Advisory Committee. B. Appointment of member to the Library Advisory Board. CJ Appointment of members to the Golden Gate Beautification Advisory Committee. 10. 11. COUNTY MANAGER'S REPORT As Adopt a Resolution authorizing Condemnation of Fee Simple Title Interests and/or those perpetual or temporary easement interests required for the construction of a six-lane section of Golden Gate Parkway between Livingston Road and Santa Barbara Boulevard (Capital Improvement Element No. 74, Project No. 60027). Estimated Fiscal Impact: $4,179,000. (Norman Feder, Administrator, Transportation) Be Adopt a Resolution authorizing Condemnation of Right-of-Way and/or Easements required for the construction of a four-lane section of Immokalee Road between Wilson Boulevard and CR 951/Collier Boulevard (Capital Improvement Element No. 71, Project No. 60018). Estimated Fiscal Impact $5,434,100. (Norman Feder, Administrator, Transportation) Ce Approve the Award and Subsequent Construction Contract for the North County Water Reclamation Facility Expansion to 24.1-Million Gallons Per Day Maximum Month Average Daily Flow, to Low Bidder, Encore Construction Company, Project 73950, Bid 02-3418, in the base bid amount of $24,861,000. (Jim DeLony, Administrator, Public Utilities) PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 5 December 17, 2002 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to approve Commercial Excavation Permit No. 59.838/AR-3388 "Ron Beaver Commercial Excavation", located in Section 21, Township 48 South, Range 28, East; bounded on the North by 31st Avenue NE Right-of-Way, on the West by DeSoto Boulevard Right-of-Way, on the East by Vacant Agriculture Zoning, and on the South by Vacant Estates Zoning. 2) Approval of the Satisfaction of Lien for Code Enforcement Case No. 2000100019 styled Board of County Commissioners Collier County, Florida vs. Philip Carlton, Jr., regarding violation of Ordinances No. 99-51 of the Collier County Land Development Code. 3) Code Enforcement Lien Resolution approvals. 4) Petition AVESMT2002-AR2788 to vacate, renounce and disclaim a portion of the easement recorded by separate instrument in the Public Records of Collier County, Florida. Located in Section 28, Township 48 South, Range 26 East, Collier County, Florida. 5) Request to approve for recording the final plat of"Tract M of Windstar Replat". 6) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Pelican Marsh Unit Eleven". 6 December 17, 2002 7) 8) 9) 10) 11) 12) 13) Request to approve for recording the final plat of"Montreux Unit Two at Fiddler's Creek". Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2001-078 styled Board of County Commissioners Collier County, Florida vs. Ricky L. Bell regarding violation of Section(s) 2.7.6 par. (1 & 5) of ordinance No. 91-102, the Collier County Land Development Code and Section(s) 104.1.1,105.5, 106.3.1 of ordinance No. 98-76, the Collier County Building Construction Administrative Code. Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2001-062 styled Board of County Commissioners Collier County, Florida vs. B.F. Ft. Myers Inc., regarding violation of Sections 2.4.3.6,2.4.3.7 and 3.9.3 of Ordinance No. 91-102, as amended of the Collier County Land Development Code. Approve $21,200 in Capital and $7,200 in Operating Costs to fund the Broadcast of Channel 16, the Collier County Government Access Channels, to the AOL/Time Warner Cable System in Immokalee. Adopt Resolution designating the new Tourism Marketing Office of Collier County Government as the Greater Naples, Marco Island, and the Everglades Convention and Visitors Bureau. Approve two Lease Agreements with C.P.O.C. Realty for office space to be occupied by Community Development and Environmental Services Division Staff and County Attorney Legal Staff at an annual rent and common maintenance fee of $60,370. The Board of County Commissioners acting as the Community Redevelopment Aeency: **Note: The Lee County Electric Cooperative (LCEC) is still reviewing the proposed CDBG contract between LCEC and the Collier County Community Redevelopment Agency (CRA). Attached is the contract as forwarded to LCEC for review. The original signed copy from LCEC should be present for Commission Fiala's signature at the December 17, 2002 hearing.** Recommendation that the Collier County Community Redevelopment Agency (CRA) approve and authorize CRA Chairperson to sign an Agreement with Lee County Electric Cooperative (LCEC) for the 7 December 17, 2002 installation and/or upgrade of approximately 45 streetlights in Immokalee using $60,000 of Collier County's Community Development Block Grant (CDBG) Funding. 14) Approval of First Amendment to Tourism Agreement with Kelley Swofford Roy, Inc., to include FY02/03 Marketing and Advertising Budget in the amount of $602,000.00, as recommended by the Tourist Development Council. TRANSPORTATION SERVICES 1) Request Board approval for the Landscape Maintenance Agreement with FP&L for the future landscaping and maintenance along the West side of Livingston Road and North side of Golden Gate Parkway adjacent to the Florida Power and Light Substation. 2) Request the Board approve the donation of four decorative light poles by the Bayshore Beautification MSTU to the Naples Botanical Garden. 3) Approve Selection Committee ranking of consulting firms and subsequent contract negotiations for professional design and engineering services for 4-lane road improvements to Rattlesnake Hammock Road between Polly Avenue and Collier Boulevard, Project No. 60169, RFP 03-3446. 4) Approve Developer Contribution Agreement with G.L. Hardy, Ltd. As developer for road impact credits and vesting rights in exchange for the design and construction of the Northward Extension of Logan Boulevard. All rights to developer under the Developer Contribution Agreement are subject to developer complying with all conditions of the agreement imposed by the County. 5) Approve Professional Services Agreement No. 02-3398 in the amount of $1,404,387.00 for Design and Engineering Services to be provided by CH2M Hill, Inc., for roadway improvements to Collier Boulevard, between Golden Gate Boulevard and Immokalee Road, Project No. 65061. 8 December 17, 2002 6) 7) 8) 9) 10) 11) i2) Approve Third Developer Contribution Agreement with Long Bay Partners, LLC to amend the area in the original agreement. Approve an Easement Agreement and accept an Access Easement with Keith and Deborah Kinkor, which is required for periodic maintenance of the Golden Gate Main Canal under the Bridge constructed at 13th Street SW. Fiscal Impact $5,100.00. Project No. 69068. Approve an Easement Agreement and accept an Access Easement with Joan M. Kinkor, which is required for periodic maintenance of the Golden Gate Main Canal under the Bridge constructed at 13th Street SW. Fiscal Impact $5,100.00. Project No. 69068. Approve a Supplemental Agreement for the Local Agency Program (LAP) Agreement with the Florida Department of Transportation (FDOT) to add multiple-year funding verbiage as requested by the FDOT and to modify the Agreement to provide a combination of sidewalks and paved shoulders at no additional expense to the County. Recommendation to approve the purchase of eight (8) diesel powered riding mowers for the Road Maintenance Department from State Contract 3515-630-00-1 in the amount of $107,875.44. Board approval to utilize insurance proceeds, transit enhancement funds and federal transit administration funding to purchase three new transit buses and reject award of Bid//02-3428. A Resolution of the Collier County Commissioners authorizing the execution of a Joint Participation Agreement (JPA) with the Florida Department of Transportation for Section 5311 (Operating Assistance) Funds. PUBLIC UTILITIES 1) Approve Relocation Agreement with Florida Power and Light Company related to South County Water Reclamation Facility Expansion, in the amount of $6,116, Project 73949. 9 December 17, 2002 2) 3) 4) 5) 6) Adopt a Resolution and grant a Conservation Easement to the Florida Department of Environmental Protection required for the South County Water Reclamation Facility Expansion at a cost not to exceed $50.00, Project No. 73949. Amend Work Order CDM-FT-01-02 for Utility Engineering Services related to improving wellfield reliability in the amount of $83,000, Project 70066. Award Contract to construct the North County Water Reclamation Facility Deep Injection Well Pump Station, Bid #03-3442, Project 73948, in the amount of $4,740,000. Approve a Construction Work Order for the relocation of water and sewer mains related to the Florida Department of Transportation's widening of U.S. 41 from Barefoot Williams Road to East of SR 951 in the amount of $308,533.00. Approve a Budget Amendment for Engineering Services related to the design and permitting of County Beach Renourishment, Project 90527, in the amount of $635,000. PI. JBLIC SERVICES 1) Award of Bid #03-3437 for rental of portable toilets to Waste Management of Collier County, Inc. 2) Award Bid #03-3461 in the amount of $62,850 to Finishing by Baker, Inc. for resurfacing of the main pool at Golden Gate Aquatic Complex. 3) Award Work Order PBS-02-09 in the amount of $97,053 to Professional Building Systems, Inc., for the renovation of Caxambas Boat Ramp and the removal and restoration of the Collier Boulevard Boat Ramp. 4) Approve a Budget Amendment to ensure continuous funding of the Older Americans Act Grant. lO December 17, 2002 5) 6) Approve an Emergency Medical Services (EMS) County Grant, County Grant Distribution Form, and a Resolution for Training Data Collection Equipment, Computer Software, and Medical/Rescue Equipment. Approve the Budget Amendment to the Older Americans Act Grant Contract. E® ADMINISTRATIVE SERVICES 1) To Award Bid #03-3443 for purchase and delivery of bottled drinking water at an annual cost of $35,000. 2) Award Contract for Management Services for Pelican Bay Services Division pursuant to RFP #02-3411, in the annual amount of $48,000. 3) Award Bid #03-3426 for Quick Copy Services, estimated annual cost of $30,000. 4) Approve Budget Amendment to complete the implementation of the new integrated Financial Management System. F. COUNTY MANAGER Ge Je AIRPORT AUTHORITY BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Items to File for Record with action as Directed. OTHER CONSTITUTIONAL OFFICERS 1) 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. A copy of the Detailed Report of Open Purchase Orders is on display in the County Manager's Office, 2nd Floor, W. Harmon 11 December 17, 2002 Turner Building, 3301 East Tamiami Trail. COUNTY ATTORNEY 1) Approve of the Stipulated Final Judgment relative to the Fee Simple Acquisition of Parcels 120A and 120B in the Lawsuit entitled Collier County v. Collier Development Corporation, et al, (Goodlette-Frank Road, Pine Ridge Road to Vanderbilt Beach Road Project) in the amount of $2,500. 2) Authorize the making of an Offer of Judgment to Respondents Lorenzo Diaz and Cecilia Diaz, both individually and as trustees, for Parcel No. 169 in the amount of $14,400 in the Lawsuit styled Collier County v. Ismael Gonzales, et al, Case No. 02-2159-CA (Immokalee Road Project #60018). 3) Authorize the making of an Offer of Judgment to Respondents Earl E. Lightcap, Jr., and Barbara C. Lightcap, for Parcel No. 170 in the amount of $12,600 in the Lawsuit styled Collier County v. Ismael Gonzales, et al, Case No. 02-2159-CA (Immokalee Road Project #60018). 4) Authorize the making of an Offer of Judgment to Respondents Ronald Combs and Phyllis J. Combs, for Parcel No. 172 in the amount of $79,560 in the Lawsuit styled Collier County v. Ismael Gonzales, et al, Case No. 02-2159-CA (Immokalee Road Project #60018). 5) Recommendation that the Board of County Commissioners approve the Mediated Settlement Agreement and the Stipulated Final Judgment incorporating the same terms and conditions as the Mediated Settlement Agreement relative to the acquisition on Parcel Nos. 114, 115 and 116 in the Lawsuit entitled Collier County v. Centex Homes, a Nevada General Partnership, et al, Case No. 02- 1602-CA (Recommendation that the Board of County Commissioners approve a Settlement Proposal for Ricketts Enterprises of Naples Inc., et al v. Board of County Commissioners for Collier County, Florida, et al, Case No. 2:01-CV-76-FTM-29DNF, now pending in the United States District Court for the Middle District of Florida. 12 December 17, 2002 17. 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. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition CU-02-AR- 3278, Richard G. Lewis of Anchor Engineering Inc., representing Collier County Government, John Jones, Library Director, requesting a Conditional Use for an Essential Service within the "RSF-3" Residential Single Family Zoning District for property located at the Southwest Corner of Immokalee Drive and First Street in Section 4, Township 47 South, Range 29 East, Collier County, Florida. Be This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDA-2002- AR-2736, D. Wayne Arnold of Q. Grady Minor, P.A., representing Gary A. Link of Tadpole Holdings LLC, requesting an amendment to the "The Falls of Naples" Planned Unit Development (PUD), for the purpose of reducing the minimum accessory structure setback from 50 feet to 25 feet from Airport-Pulling Road for property located on the Southwest Corner of Pine Ridge Road (CR 896) and Airport-Pulling Road (CR 31) in Section 14, Township 49 South, Range 25 East, Collier County, Florida. An Ordinance amending Section 122-81 of the Code of Laws and Ordinances also cited as Collier County Ordinance No. 72-1, as amended, which created the Collier County Lighting District providing for amendment to add Naples Production Park Street Lighting District to the Collier County Lighting District; providing for amendment to correct a Scrivener's Error to the Immokalee Area; providing for repeal of Ordinance No. 91-97, as 13 December 17, 2002 amended; providing for inclusion in Code of Laws and Ordinances; providing for conflict and severability; and providing an effective date. This item is being continued to the January 14, 2003 BCC Meeting. PUDZ-2001-AR- 1749, William L. Hoover, of Hoover Planning and Development Inc., representing Mark L. Lin&r, Trustee, requesting a rezone from "A" Rural Agricultural and "PUD" Planned Unit Development to "PUD" Planned Unit Development known as The Mission Hills PUD, for a commercial shopping center for property located at the northeast comer of Vanderbilt Beach Road and Collier Boulevard (CR 951) in Section 34, Township 48 South, Range 26 East, Collier County, Florida, consisting of 33.45+ acres. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 14 December 17, 2002 December 17, 2002 Item #2A REGULAR, CONSENT AND SUMMARY AGENDA- APPROVED AND/OR ADOPTED WITH CHANGES (WITH THE EXCEPTION OF ITEM #16Al 0, WHICH COMMISSIONER HF, NNING ABSTAINED) CHAIRMAN COLETTA: invocation, please. Please stand. Mr. Mudd, would you lead us in the MR. MUDD: Let us pray. Oh, heavenly Father. We ask your blessing on these proceedings and all who are gathered here. We ask a special blessing on this Board of County Commissioners, guide them in their deliberations, grant them the wisdom and vision to meet the trials of this day and the days to come. Bless us now as we undertake the business of Collier County and its citizens, that our actions will serve the greater good of all citizens and be acceptable in your sight, your will be done. Before we -- before we end this prayer, if we could have a minute of silence. We had a wonderful citizen that has been a wonderful benefactor to Collier County pass away last week, and that's Mr. Herb Sugden. And if we could put him in our thoughts and prayers for the next couple of seconds. Amen. CHAIRMAN COLETTA: Amen. (The Pledge of Allegiance was cited in unison.) CHAIRMAN COLETTA: Good morning. Mr. Mudd? MR. MUDD: Commissioner, the -- good morning. COMMISSIONER FIALA: Good morning. MR. MUDD: And happy holidays. I hope everybody is prepared. COMMISSIONER FIALA: I am. Dressed for it. Page 2 December 17, 2002 MR. MUDD: Let's talk about the change list today. It's a little more than we'd like to have, but let's go through it. The first item is to add item 5(A), and that's a presentation of the check to the Board of County Commissioners from the Florida Local Government Finance Commission to be presented by John Yonkosky. And whenever anybody wants to give us money, I try to get them on the agenda. Next item is to continue item 8(A) to February 11, 2003, and that's the rezone brought to us by Robert L. Duane of Hole Montes representing Craig D. Timmins, Trustee, requesting a rezone from RSF-3 to C-1 of the property that's located south of Immokalee Road on the east side of the Veterans Park Drive, and that's to be continued until February 1 lth at the petitioner's request. Next item is to add item 9(D). That's a discussion of an invitation by the Collier County Airport Authority to designate a member of the Board of County Commissioners to become a member of the selection to be, to participate in the selection and salary process for the Airport Authority's executive director's position. And that add is at Commissioner Coletta's request. And that has to do with a piece of correspondence that he received from the Airport Authority. The next item is to continue item 10(A) to January 14, 2003, and that's an adoption of a resolution authorizing the condemnations of fee simple title interests and those perpetual or temporary easement interests required for the construction of a six-lane section of Golden Gate Parkway between Livingston Road and Santa Barbara. That's at staff's request. Again, continue item 10(A) to January 14th. The next item is to add item 16(A)15. A copy of that was given to the board yesterday. My apologies for that. That was a piece of paper that the -- that the community developments has had, and we got documentation that said they had it in October, and for some Page 3 December 17, 2002 reason it never surfaced before that. And the petitioner came forward and said, I really need this. Staff reviewed it and said there's no reason it was -- it should (sic) have been heard in November. So it's to add 16(A)15 to the consent agenda, and that's a request to approve for recording of final plant of -- final plat of Carlton Lakes Unit 3C, and approval of the standard form construction and maintenance agreement and approval of the amount of the performance security, and that's at staffs request. Again, add item 16(A)15 to the consent agenda. Next item is to move item 16(B)5 to 10(D), and that's to approve the professional service agreement number 02-3398 in the amount of $1.4 million for the design and engineering services to be provided to CH2M Hill, Inc., for roadway improvements to Collier Boulevard between Golden Gate Parkway and Immokalee Road. And that's at Commissioner Fiala and Henning's request. Again, move item 16(B)5 to 10(D). The next item is -- the next item was a move, okay, from the consent agenda of 16(K)5 to the regular agenda at Commissioner Fiala's request. When that became known, the petitioner asked that the item be continued until January 14th. So continue item 16(K)5 to January 14th. Recommendation that the Board of County Commissioners approve the mediated settlement agreement and the stipulated final judgment incorporating the same terms and conditions as the mediated settlement agreement relative to the acquisition of parcels number 114, 115, and 116 in the lawsuit entitled Collier County and Centex Homes. Again, that's at the petitioner's request after Commissioner Fiala wanted to move it to the regular agenda. It's to continue item 16(K)5. And that will be on the regular agenda when we continue it, Commissioner Fiala, to January 14th. The next item is to move item 16(K)6 to 10(A) -- or excuse me Page 4 December 17, 2002 -- to 12(A). Again, move item 16(K)6 to 12(A). It's a recommendation that the Board of County Commissioners approve a settlement proposal for Ricketts Enterprises of Naples, Inc., et all, versus the Board of County Commissioner for Collier County, et al, case number-- and I won't go through the case number-- now pending in the U.S. District Court for the Middle District of Florida, and all commissioners asked that this item be moved to the regular agenda. Again, move 16(K)6 to 12(A). And lastly, move item 17(C) to 8(I), an ordinance amending section 122-81 of the Code of and Laws Ordinances also cited as Collier County ordinance 72-1, as amended, which created the Collier County lighting district providing for amendment to add Naples Production Park lighting district to the Collier County lighting district; providing for amendment to correct a scrivener's error to the Immokalee area; providing for repeal of Ordinance 91-97 as amended, providing for inclusion in Code of Laws and Ordinances; providing for conflict and severability; and providing an effective date, and that's at the county attorney's request. I'll also note that item 16(A)13, the board is acting as the CRA and not the BCC when con -- when consenting this item. And for the general public's regard, I want to read something off the front page. All persons wishing to speak on any agenda item must register prior to speaking. Speakers must register with the county manager or Ms. Filson -- Ms. Filson, if you could raise your hand-- prior to the presentation of the agenda item to be addressed. And I'd also like to -- to talk about Collier County Ordinance 99-22, requires that all lobbyists shall, before engaging in any lobbying activity, 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, which is on the fourth floor of this building. That's all I have, Mr. Chairman. Page 5 December 17, 2002 CHAIRMAN COLETTA: Thank you very much, Mr. Mudd. Before we go, I had an -- for approval of the agenda, look for other changes. You have one speaker? MS. FILSON: Yes, sir. I have one speaker for the summary agenda, 17(A), Richard Lewis. CHAIRMAN COLETTA: Yes. Would you call him forward, please. MS. FILSON: Mr. Richard Lewis. CHAIRMAN COLETTA: Is Mr. Lewis in here? Mr. Lewis? There we go. MR. MUDD: about 17(A)? MR. LEWIS: MR. MUDD: Mr. Richard Lewis, you've signed up to talk Yes. If you'd like to come to the podium, please, sir. CHAIRMAN COLETTA: No, sir. I need you to come up front. It don't matter how long it takes there. And would you please, for the record, state your name. MR. LEWIS: My name's Dick Lewis, Anchor Engineering, representing Collier County Library on the -- item 17(A). If-- there's a discussion that was approved by the planning commission unanimously -- and we're just asking for a -- a conditional use so that the library in Immokalee can be expanded. CHAIRMAN COLETTA: Thank you, sir. MS. FILSON: Mr. Chairman, I also just received a speaker for item 16(B)4. CHAIRMAN COLETTA: Fine. MS. FILSON: John Casimini. MR. CASIMINI: That's me. MS. FILSON: Yes. CHAIRMAN COLETTA: If you'd state your name for the record, sir. MR. CASIMINI: My name is John Casimini, and I'm here to let Page 6 December 17, 2002 the commissioners know that a request is going to be made to extend Logan Boulevard from Vanderbilt Beach Road to Immokalee Road, and we wanted to let the commission know that not everyone is for that in the community, and I brought a petition in with me. CHAIRMAN COLETTA: Thank you, sir. MR. CASIMINI: Thank you. CHAIRMAN COLETTA: If you would be so kind as to leave the petition with the -- MR. CASIMINI: Sure. CHAIRMAN COLETTA: -- county attorney, Mr. Weigel, right next to you. And we'll go down the line now and see if there's any other changes to the agenda, starting with Commissioner Henning. COMMISSIONER HENNING: If you would give me a few moments, Commissioner. CHAIRMAN COLETTA: Okay. We'll come back to you, Commissioner Henning. Start with Commissioner Halas. COMMISSIONER HALAS: No, I don't have any changes for the agenda. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: No, I do not. Thank you. CHAIRMAN COLETTA: And I have no additional changes. Commissioner Coyle? COMMISSIONER COYLE: I have no additional changes. CHAIRMAN COLETTA: Commissioner Henning, are you ready, or you want to take another minute? COMMISSIONER HENNING: No, I got it here. The wishes that -- I need to abstain for the perception of conflict of interest on 16(A) 10, and I will file the papers accordingly with the county attorney's office. Sue Filson just told me that she'll take care of it. Page 7 December 17, 2002 CHAIRMAN COLETTA: Thank you. And with that, do I hear a motion to approve the agenda? COMMISSIONER COYLE: So moved. COMMISSIONER HENNING: Second. CHAIRMAN COLETTA: We have a motion from Commissioner Coyle for approval and a second from Commissioner Henning. Any discussion? (No response.) CHAIRMAN COLETTA: All those in favor, indicate by saying. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: The ayes- Page 8 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING December 17, 2002 ADD ITEM 5(A): Presentation of a check to the Board of County Commissioners from the Florida Local Government Finance Commission to be presented by John Yonkosky. CONTINUE ITEM 8(A) to February 11, 2003 BCC Meetin.q: RZ-2001-AR-1649, Robert L. Duane, of Hole Montes, Inc., representing Craig U. Timmins, Trustee, requesting a rezone from RSF-3 to C-1 for property located south of Immokalee Road on the east side of Veterans Park Drive, in Section 26, Township 48 South, Range 25 East, Collier County, Florida. (Petitioner request.) ADD ITEM 9(D): Discussion of an invitation by the Collier County Airport Authority to designate a member of the Board of County Commissioners to become a member of the selection committee to participate in the selection and salary process for the Airport Authority's Executive Director's position. (Commissioner Coletta request.) CONTINUE ITEM 10(A) to January 14, 2003 BCC Meetin_q: Adopt a Resolution authorizing Condemnation of Fee Simple Title Interests and/or those perpetual or temporary easement interests required for the construction of a six-lane section of Golden Gate Parkway between Livingston Road and Santa Barbara Boulevard (Capital Improvement Element No. 74, Project No. 60027). Estimated Fiscal Impact: $4,179,000. (Staff request.) ADD 16(A)15: Request to approve for recording the final plat of "Carlton Lakes Unit 3C", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. (Staff request. MOVE ITEM 16(B)5 to 10(D): Approve Professional Services Agreement No. 02- 3398 in the amount of $1,404,387 for Design and Engineering Services to be provided by CH2M Hill, Inc., for roadway improvements to Collier Boulevard, between Golden Gate Boulevard and Immokalee Road, Project No. 65061. (Commissioners Fiala and Henning request.) CONTINUE ITEM 16(K)5 to January 14, 2003 BCC meetin_cl: Recommendation that the Board of County Commissioners approve the Mediated Settlement Agreement and the Stipulated Final Judgment incorporating the same terms and conditions as the Mediated Settlement Agreement relative to the acquisition on Parcel Nos. 114, 115 and 116 in the Lawsuit entitled Collier County v. Centex Homes, a Nevada General Partnership, et al, Case No. 02-1602-CA (Goodlette-Frank Road Project #60134). (Petitioner request.) Page 2 Changes - 12/17102 BCC Agenda MOVE ITEM 16(K)6 to 12(A): Recommendation that the Board of County Commissioners approve a Settlement Proposal for Ricketts Enterprises of Naples, Inc., et al v. Board of County Commissioners for Collier County, FL, et al, Case No. 2:01-CV-76-FTM-29DNF, now pending in the United States District Court for the Middle District of Florida. (Commissioners' request.) MOVE ITEM 17(C) to 8(I): An Ordinance amending Section 122-81 of the Code of Laws and Ordinances also cited as Collier County Ordinance No. 72-1, as amended, which created the Collier County Lighting District providing for amendment to add Naples Production Park Street Lighting District to the Collier County Lighting District; providing for amendment to correct a Scrivener's Error to the Immokalee Area; providing for repeal of Ordinance No. 91-97, as amended; providing for inclusion in Code of Laws and Ordinances; providing for conflict and severability; and providing an effective date. (County Attorney request.) NOTE: Item 16(A)13 - The Board is acting as the CRA and not the BCC when consenting this item. December 17, 2002 Item #2B MINUTES OF THE NOVEMBER 19, 2002 REGULAR MEETING - APPROVED AS PRESENTED COMMISSIONER HENNING: November 19, 2002, regular meeting. 5-0. Motion to approve the CHAIRMAN COLETTA: Okay. COMMISSIONER COYLE: Second. CHAIRMAN COLETTA: We -- first we-- the first motion was The second motion is by Commissioner Henning, second by Commissioner Coyle. Any discussion? (No response.) CHAIRMAN COLETTA: All those in favor, indicate by saying COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: And that included the November 19th, too, right, Commissioner Henning; is that correct? COMMISSIONER HENNING: That's what it was, yeah. Item #3A & B EMPI,OYEE SERVICE AWARDS - PRESENTED CHAIRMAN COLETTA: Okay, fine. Now we have some service awards, and we're going to take just Page 9 December 17, 2002 a moment and go out -- go up front and -- COMMISSIONER FIALA: The fun part of the time, right? CHAIRMAN COLETTA: This is the fun part, yes. Follow me. MR. MUDD: Commissioner, our first awardee today is a -- is a 25-year employee, and that's Helen Ortega from Emergency Medical Services. Helen? CHAIRMAN COLETTA: Let's hear it for 25 years. (Applause.) MR. MUDD: Our next awardee is also a 25-year employee and that's LaiTy Henry from Transportation Operations. (Applause.) Item #5A PRESENTATION OF CHECK IN THE AMOUNT OF $15,341 TO THE BCC FROM THE FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION- PRF, SENTF, D BY JOHN YONKOSKY MR. MUDD: We're going to go a little bit out of order. John Yonkosky, can you come forward and present that check before -- before someone takes it? CHAIRMAN COLETTA: Here comes John coming through again. MR. YONKOSKY: Good morning, Commissioners. My name is John Yonkosky, utilities billing customer service director, but I also represent you on the Florida Local Government Finance Commission, commonly known as the Florida Association of Counties Commercial Paper Program. And since 1991, when the commission was created, it -- the commission has issued more than $1.1 billion in low-cost financing to cities, counties, and special districts in the State of Florida. Collier County has participated in over $71 million of that -- that loaning. Page 10 December 17, 2002 When the program began in 1991, the issuance costs were approximately $4,000 per million issued, up to the first $20 million. Since that time, the program has been very successful, and the issuance cost has lowered considerably to approximately $2,000 per million dollars issued up to the first $20 million. As a result of that, the commission has been able to issue rebate checks to some of the counties that participated in the programs initially. On December 5th this rebate check that I'm just about to present to you was presented at the Florida Association of Counties' legislative update to Commissioner Coletta and Commissioner Halas. The -- and now it gives me a great deal of honor to present this check for $15,341 to the Board of County Commissioners. (Applause.) MR. MUDD: Thank you, sir. COMMISSIONER FIALA: Can I just say, John, how much I appreciate all the work you do. You jump right on anything that we send over to you and you take such good care of all of our constituents. MR. YONKOSKY: Thank you. COMMISSIONER FIALA: And I really appreciate that. MR. YONKOSKY: Thank you, Commissioner Fiala. Item #4A PROCLAMATION RECOGNIZING SATURDAY, DECEMBER 21, 2002, AS NATIONAL HOMELESS PERSONS' AWARENESS DAY- ADOPTED CHAIRMAN COLETTA: We only have one proclamation today, and it's my honor to be able to read it. Anyone from the hunger coalition, would come up front, please. Page 11 December 17, 2002 We welcome you today, we really do. Whereas, research has shown that over 12 million adults nationwide have been homeless at some point in their life and that well over 67,600 people are homeless at any given night; and, Whereas, the continued downturn in the economy results in employment layoff and cutbacks, the number of individuals and families needing assistance from social service -- social services is increasing at an alarming rate; and, Whereas, the number of homeless children today make up over 29 percent of our homeless people; and, Whereas, in Collier County, is it estimated that at any point in time, there are over 800 men, women, and children homeless; and, Whereas, over 50 years has passed since the housing act of 1949 calling for a decent home and suitable living environment for every American family; and, Whereas, the Collier County Hunger and Homeless Coalition is made up of over 50 local social service and government agencies who share the mission in supporting the planning, delivery, and coordination of high-quality services to the hungry and homeless of Collier County; and Whereas, hunger and homelessness impacts the entire community, and each individual is a commu -- in the community can make a difference in finding solutions to these problems. Solutions begin with actions, and actions begin with awareness. Now, therefore be it proclaimed by the Board of Collier County Commissioners of Collier County, Florida, that on Saturday, December 21st, 2002, be designated as National Homeless Person Awareness Day. Done and ordered this 17th day of December, 2002, Jim Coletta, Chairman. COMMISSIONER FIALA: Motion to approve. COMMISSIONER HENNING: Second. Page 12 December 17, 2002 CHAIRMAN COLETTA: Motion to approve and a second. All those in favor, indicate by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Motion to approve, 5-0. (Applause.) CHAIRMAN COLETTA: Thank you so much for what you're doing out there, and thank you all for being involved like you are. Wait, before you go, we need -- George, step back here for a photo opportunity. You might want to bunch it up a little bit closer, towards the center. Try to hide me as best you can. And George, I got a box of candy canes over there. You may take one if you make your speech less than three minutes. MR. DROBINSKI: Thank you. I'll make them 10 and just abstain altogether from the candy canes. Commissioners, for the record, George Drobinski, past chair of the coalition and director of Catholic Charities. I want to take a moment just to recognize what these good individuals were doing standing up there with these posters. The candlelight vigil that we are going to be holding in St. Matthew's House this Thursday evening, starting at six o'clock, is one of the initiatives we do to raise awareness to homelessness. One of the other initiatives that we've recently done is we've had a poster contest, and this was for the elementary school-aged children within shelters in our community, and it was a good and a bad event. It was a good event in which it raised awareness and it helped the children to express themselves in the situation they're in. The bad part of it is that there was way too many entries. And that's what these initiatives that we undertake as the Collier Page 13 December 17, 2002 County Hunger and Homeless Coalition is that we really want to raise awareness, want to educate the community, we want to see that people jump on the bandwagon, take action so that when we have a contest next year and the year after, we have no entries, that every child who wants a home, has a home, and with their parents. They have a safe place to live. And we appreciate the recognition to these types of initiatives such as this candlelight vigil. I'd like to ask Mary Socheck (phonetic), who is current chairperson for the coalition, to tell you about the coalition and also a formal invitation for our candlelight vigil this Thursday. MS. SOCHECK: Good morning, Commissioners, and thank you so much for allowing us to be here today and for the proclamation. Earlier this year, during a given 36-hour period, members of the coalition and friends of the coalition were able to count, as you so rightfully indicated, Commissioner Coletta, over 800 individuals and families who -- in Collier County who were homeless. This number represents individuals who are living in shelter, living in shelters for-- from domestic violence, living in shacks without any electricity and water, people living in the woods, in abandoned cars, and in the streets. Members of the coalition who work so hard to coordinate services realize that this number represents only the tip of the iceberg of those who are homeless and at risk of homeless here in Collier County. This number does not include the hidden homeless, those folks who are doubling up and tripling up in -- with families and friends and even strangers because they can't afford a decent place to live or people who can't afford the cost for medical cost and counseling. It also does not include people who can't find a job that pays a living wage. Page 14 December 17, 2002 On this National Homeless Persons' Awareness Day, the Hunger and Homeless Coalition will remember all those here in Collier County who are homeless. And we want to thank the commissioners for all your support and ask -- and for making this day possible, and also ask all those -- ask your support and all those in Collier County to be there with us. It will be on Thursday over at St. Matthew's House starting at six o'clock, and that's when we'll have our day of commemoration this year. Thank you very much. (Applause.) CHAIRMAN COLETTA: I've been attending this particular function now for about three, four years. I'm going to be -- I'm committed to go to Copeland on Thursday for an issue over the local post office there. I was wondering if one of the other commissioners would be so kind to take my place and read the proclamation. COMMISSIONER HENNING: I have a speaking engagement that evening at Gulf Coast High. COMMISSIONER FIALA: I'll try and make it. Let me check my schedule. CHAIRMAN COLETTA: Okay. COMMISSIONER FIALA: I believe I'm supposed to be on Marco that evening, but let me see if I can arrange to do that. CHAIRMAN COLETTA: Okay. It always work when you do it in about -- in front of about 20,000 people. Thank you so much. Item #6A PUBLIC PETITION REQUEST BY MR. TOR KOLFLAT TO DISCUSS GREY OAKS EXCLUSION FROM LIVINGSTON ROAD BEAUTIFICATION PHASE II MSTU- TO BE BROUGHT BACK AS REGIH~AR AGENDA ITEM AT THE NEXT MEETING MR. MUDD: Commissioner, that brings us to public petitions. Page 15 December 17, 2002 We have one, it's 6(A), and that's a public petition from Mr. Tor Kolflat to discuss the Grey Oaks exclusion from the Livingston Road Beautification Phase II MSTU. MR. KOLFLAT: Good morning, Commissioners. My name is Tor Kolflat. I live at 2713 Buckthorn Way. I have been a full-time resident of Collier County for 20 years. I was one of the first residents in Grey Oaks, and I've lived there for the past nine years. Currently I am president of the Grey Oaks Estates Homeowners' Association. In consideration of your time and in the interest of brevity, I will read my remarks today. The issue I am interested in is the Livingston Road Beautification Phase II MSTU. Until receipt of the appraiser tax notices in August, the Grey Oaks property owners were not apprised of, were not aware of, did not express support for, were not polled, did not vote for, and did not request the creation of this MSTU. Since that time, the Grey Oaks property owners have considered, discussed, and debated the MSTU issue. The majority have decided they want to be excluded from this MSTU. For the record I submit this file containing a list of all Grey Oaks property owners and copies of signed petitions from 398, or 75 percent of them. I'd like to present this to the record. CHAIRMAN COLETTA: Commissioner Coyle? Oh, I'm sorry. Forgive me, go ahead. COMMISSIONER COYLE: No, after. CHAIRMAN COLETTA: We've got to come up with a better way of signaling. MR. KOLFLAT: Fine, thank you. These petitions read, and I quote, the undersigned Grey Oaks property owners request that the Collier County Commission undertake all necessary steps to exclude the Grey Oaks property owners from ordinance number 2001-76, Livingston Road Page 16 December 17, 2002 Beautification Phase II Municipal Services Taxing Unit. The many reasons that the Grey Oaks property owners want to be excluded were enumerated in this report entitled, report regarding Livingston Road Beautification Phase II MSTU for the Collier County Commission, dated December 1 st, 2002. Last week copies of this report were delivered to each commissioner, the county manager, and county attorney; therefore, I will not take your time now to reiterate the reasons; however, I would like to submit this copy also for the record, if I might. We understand there is an existing Grey Oaks indebtedness to the county from this MSTU which must be repaid before we could be excluded from the MSTU. At the September 18th, 2002, commission meeting, the Grey Oaks developer proposed how they would repay this indebtedness. Excerpts from this meeting transcript were included in the report we provided you. In essence, the developer stated that if the majority of Grey Oaks property owners do not want to be a part of this MSTU, the Grey Oaks developer would pay the county for the Grey Oaks share of the MSTU indebtedness. We submit that these 398 signed petitions representing 75 percent of the property owners are prima facie evidence that the majority do not want to be a part of this MSTU. The developer has represented to us that he now acknowledges that the majority does not want to be a part of this MSTU and he will honor this financial commitment to you. Now, with the Grey Oaks portion of indebtedness resolved, the concern of the 398 Grey Oaks property owners to be extricated from the MSTU can then be addressed; therefore, we request that this subject be placed on the agenda of the next available commission meeting for the following two actions: One, upon payment by the Grey Oaks developer of the Grey Oaks' portion of the current MSTU Page 17 December 17, 2002 indebtedness, Grey Oaks property owners will be exempt from any and all future indebtedness incurred by the MSTU; secondly, amendment of ordinance number 2001-76 or any other necessary action will be undertaken to exclude Grey Oaks property owners from the Livingston Road Beautification Phase II MSTU. We respectfully request your approval to place this matter on the agenda of a future Board of Commissioners meeting. Thank you for your attention. CHAIRMAN COLETTA: Thank you, sir. Commissioner Coyle, then Commissioner Henning. COMMISSIONER COYLE: Mr. Chairman, I think this is an issue that has to be resolved, and I would suggest that we place it on the agenda for our next regularly scheduled meeting. MR. MUDD: Mr. Chairman, I'll let you know that I do have a letter signed by Mr. Sansbury who represents the developer on $150,000, okay, as far as what they consider their debt, as far as -- I also have a wire transfer of that $150,000 into an escrow account to be paid to the county when we figure out what it is. I've also had some staff work done to try to determine what the -- what the outlays are, and it's all done by assessed value. You can also see on this line that the Grey Oaks' share of the MSTU, because of their assessed value, is about 53 percent. Now, this is a rough -- a rough thing, and by the next meeting we have -- I'll make sure staff goes through it with the property appraiser and make sure we got the specifics on the dollar amount. That would mean, of the $253,000 debt of this MSTU, that -- that Grey Oaks would be accountable for $134,000 and change. That $150,000 escrow account would cover that. And again, these aren't -- these aren't fine numbers. It's a -- it was a rough estimate on our part with the property appraiser. We'll go through the final parts and we'll have all that information for you at a future meeting. CHAIRMAN COLETTA: Commissioner Henning? Page 18 December 17, 2002 COMMISSIONER HENNING: Also we took action to extend the membership of the MSTU, this MSTU, to include two members from Kensington and to include two members from Grey Oaks. I had -- I would hope that we could hear from them at the time when we bring this back. Because if we're going to exclude Grey Oaks, then there's no reason to have representation from-- COMMISSIONER HALAS: Grey Oaks. COMMISSIONER HENNING: -- the Grey Oaks on this advisory board. And I concur with Commissioner Coyle's comments about bringing this back for further discussion. COMMISSIONER FIALA: Do we need to make a motion to that effect? CHAIRMAN COLETTA: I think-- COMMISSIONER FIALA: I move that we bring this back at our -- bring this Grey Oaks MSTU issue back at our next county commission meeting. COMMISSIONER COYLE: Second. COMMISSIONER HALAS: I second it. CHAIRMAN COLETTA: We have a motion by Commissioner Fiala and a -- two seconds, but we'll go with the one from Commissioner Coyle. And all those in -- any discussion? (No response.) CHAIRMAN COLETTA: All those in favor, indicate by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) Page 19 December 17, 2002 CHAIRMAN COLETTA: The ayes have it, 5-0. Item #8G ORDINANCE 2002-68, RE PETITION PUDA-01-AR-431, JAMES G. O'GARA, REPRESENTING PARK EAST DEVELOPMENT LTD., REQUESTING A REZONE FROM"PUD" PLANNED UNIT DEVELOPMENT TO PUD FOR THE PURPOSE OF AMENDING THE FOUNDERS PLAZA PUD TO ALLOW ADDITIONAL SMALL-SCALE RETAIL LAND USES ONLY ON THOSE PARCELS THAT EXCEED 150 FEET IN DEPTH FOR PROPERTY LOCATED ON THE NORTH AND SOUTH SIDES OF GOLDEN GATE PARKWAY (CR 886) AND AT THE SANTA BARBARA CANAL CROSSING- ADOPTED WITH ADDITIONAl. STIPI JI.ATIONS And we're going to go a little bit out of order here, because we've got one item here that's reached resolution, and I want to get it wiped off the slate here so we can move on, and that's 8(G), the O'Gara situation. And what I'm going to request in the -- in order to be able to move this along in the most expedient way possible, Commissioner Henning has been most involved in this one issue, being that it's his district, and I'm going to ask him to take the proceedings at this point so that we can move it forward. Commissioner Henning? COMMISSIONER HENNING: Association met with the developer of-- to amend this PUD along with two staff members, one being-- MR. MUDD: You need to swear them in, Commissioner. COMMISSIONER HENNING: Oh. CHAIRMAN COLETTA: Yes. Page 20 December 17, 2002 COMMISSIONER HENNING: Okay. Court reporter, would you please swear in the participants. (The witnesses were sworn.) CHAIRMAN COLETTA: Mr. Ray -- MR. MUDD: Any disclosures? COMMISSIONER HENNING: Yeah, I had a meeting with the civic association and the developer last night. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: I have no disclosures, other than the ones I made last time. CHAIRMAN COLETTA: I met one more time with the petitioner. Commissioner Fiala? COMMISSIONER FIALA: Yes, I have also met with Mr. O'Gara again. COMMISSIONER HALAS: And I also met with Mr. O'Gara in my office. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: Ray Bellows from planning department was present, and I think we have some amendments for resolution of this item. MR. BELLOWS: Yes. For the record, Ray Bellows, chief planner with current planning. As Commissioner Henning indicated, there was a meeting with the Golden Gate Civic Association board of directors last night, and we went over some of the concerns of the board along with staff. And there were several issues that caused this petition to be continued from the last meeting, and one was how to deal with the overnight parking of commercial vehicles. The board of directors came up with a solution that was agreeable to all, and this would be to have -- the overnight parking of commercial vehicles on tracts E, C, and D shall not exceed a rated Page 21 December 17, 2002 load capacity of one ton and the number of commercial vehicles parked overnight shall not exceed 30 percent of the required parking for each use as noted in sections 2.3.16 of the Land Development Code, which is the required parking. There was also discussion to keep the PUD amendment from referencing tracts A and B, which is the church tracts. They're not part of the petition, so there shouldn't be any changes that affect it, so we will make whatever revisions that affected that tract and take it out. The other was to clarify section 4.4.H.3 of the PUD document which deals with landscaping or buffering. It references currently a Type C buffer, which includes a wall and fence requirements of six feet tall, and we will put a note in there that the wall is part of this buffer requirements, just to clarify that. And that -- the last part would be that the developer shall pay a fair share cost of the construction of the pedestrian bridges. The fair share cost shall be the right-of-way and -- or access easements for the bridge. That would be part of his fair share contribution towards the construction of the bridges. The transportation department staff will work out the number and location of these bridges. That would be the last change to the document. And I'd be happy to answer any other questions that you might have. COMMISSIONER HENNING: One more item that I remember, it is dealing with drive-through-- drive-up windows with restaurants, amending J on page 16 as from a -- development standards. The emphasis is, the main use with a drive-through window, drive-up window would be -- the main use would be a sit-down restaurant. MR. BELLOWS: Okay. That's correct. I remember. COMMISSIONER HENNING: Yep. And also in tracts -- just Page 22 December. 17, 2002 a clarification on your statement -- C, D, and E, landscape buffer is a wall or fence. MR. BELLOWS: That's correct. COMMISSIONER HENNING: Correct. Okay. I'll make a motion to approve with the amendments that Mr. Bellows has stated, along were planning commission's recommendations and other staff recommendations. MR. MUDD: Commissioner, I think it would be good if we hear from the petitioner to get his agreement on the record, Mr. O'Gara to stand there and do that, and then go to any public speakers that we have. And Ms. Filson? MS. FILSON: Yes, sir, I do have a speaker. MR. O'GARA: My name is Jim O'Gara, for the record. I wanted to clarify something that Ray mentioned, when he said part of our fair share contribution. We're going to donate the right-of-way, that is correct, but there would be no cash outlay. It's -- we are donating the right-of-way. I think that's what we agreed on last night. And Ray's comment about part of, I just wanted to clarify that. But other than that, everything's perfectly acceptable. COMMISSIONER HENNING: Right. That's -- that's a clarification in my motion. COMMISSIONER FIALA: I'll second your motion just while it's on the floor so that we can continue on. CHAIRMAN COLETTA: Thank you. MS. FILSON: Mr. Chairman, I have one speaker on this item. Cheryle Newman. MS. NEWMAN: Good morning, Commissioners. For the record, Cheryle Newman, Golden Gate Civic Association president. I would just like to say that we are in full agreement of the amendments that were discussed this morning by Ray, and we are moving forward on this petition. Thank you very much for taking us early. Page 23 December 17, 2002 COMMISSIONER HENNING: Also what was mentioned last night, there is a desire to look at other uses that would be fitting in this overlay, in the Golden Gate professional overlay. Commissioners, we will be working with the Golden Gate Master Plan Advisory Committee along with the civic association for those Growth Management Plan amendments for a possibility for those uses. MR. MUDD: One of the things -- MS. NEWMAN: That's correct. MR. MUDD: One of the things that came up in the discussion last night that I've seen on emails this morning is, the Golden Gate master plan, landscaping master plan, never got into our Land Development Code and Growth Management Plan. And the staff was directed to do that in the past, and it's not there, and we'll correct that. It came up as something that wasn't there, so that's part of things that we'll do along with Commissioner Henning and the increased uses and things like that. MS. NEWMAN: Thank you very much. CHAIRMAN COLETTA: So we have a motion from Commissioner Henning, a second by Commissioner Fiala. Any comments? The only thing I'd like to say is this another example -- and I thank you Commissioner Henning, the civic association, and Mr. O'Gara for keeping this public process going to the point where resolution is reached for everyone. This is one of the hallmarks that this commission can be very proud of in the fact that they have taken the residents' concerns to heart, and the developers have come aboard and made the necessary corrections to make it agreeable for everyone. And with that, I'll call for the motion. All those in favor, indicate by saying aye. COMMISSIONER HALAS: Aye. Page 24 December 17, 2002 very COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it, 5-0. Thank you much. Item #7A RESOLUTION 2002-506, RE PETITION VA-2002-AR-2705, STEVEN JACOBS, OF TRISTAR DEVELOPMENT OF NAPLES, LLC, REQUESTING A 1 O-FOOT VARIANCE FROM THE REQUIRED 20-FOOT FRONT YARD SETBACK TO 10 FEET FOR PROPERTY LOCATED AT 4800 YACHT HARBOR DRIVE - ADOPTED We're going right on to the regular agenda now. We've got one item we're going to take, maybe two, before our time certain, 7(A). MR. MUDD: Yep. Swear in again. CHAIRMAN COLETTA: Yes, sir, please. Would all those that wish to participate at this time stand so they can be sworn in. (The witnesses were sworn.) CHAIRMAN COLETTA: And for disclosures, we'll start with Commissioner Halas. COMMISSIONER HALAS: Hang on. CHAIRMAN COLETTA: We can come back to you, sir. COMMISSIONER HALAS: Yep, okay. Come back. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: None. CHAIRMAN COLETTA: And I have none. Page 25 December 17, 2002 Commissioner Coyle? COMMISSIONER COYLE: Nothing. I have exchanged one telephone call, but I've had no conversation. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: None. CHAIRMAN COLETTA: Okay. COMMISSIONER HALAS: And I have none either. CHAIRMAN COLETTA: Okay. Thank you, Commissioner Halas. MR. REISCHL: Good morning, Commissioners, Fred Reischl, · planning services. This is a request for a variance in Windstar PUD to request to reduce one comer of a front yard, as you can see on the visualizer. The building that's in solid blue is the building that's the subject of the variance. The petitioner originally submitted a site development plan for these three buildings, having the three buildings in a straight line without being tilted, met all the PUD requirements for setbacks. It was a zero lot line at the rear along here, zero lot line along here, and that was permitted by the PUD adjacent to golf course. He since -- since then, since the submission of the SDP, he received a question from the master homeowners' association saying that that zero setback at that comer was very close to that golf green, and, therefore, they requested that he push it forward and tilt the building as you see on the visualizer; however, that required a variance. The petitioner said he would go forward with the variance if the homeowners' association supported him in that, and he has. We received the letter from the homeowner's association. It's in your packet. And since then, at the planning commission meeting, the -- some of the residents of the buildings across the street, which is a separate homeowners' association-- they were part of the master Page 26 December 17, 2002 association, but it's a different homeowners' association-- they said that it would be -- it would push that building too close to the road. As you can see, these are not the same scale, the site plan and the aerial; however, the comer of the building that's in question here would be approximately in this area, so it's -- the planning commission debated this back and forth. They even suggested maybe cutting the variance down to five feet. Then I think the deciding factor for the planning commission was the fact that, as you can see on the site plan here, the yellow, if it shows up for you, is the paved right-of-way. The red is the right-of-way line, but the yellow is the paved right-of-way. So they're still going to be approximately 30 feet from the edge of the paved right-of-way to the comer of the building. So it's not just going to be 10 feet off the travel lanes. It will be in the area of 30 feet off the travel lanes. And with that the planning commission recommended approval, 6-0. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: Could you give me the same measurements of the homes that are in existence across the street? The comer of the home in the lower right-hand portion of the photograph. MR. REISCHL: It looks closes. And no disrespect to the property appraiser's aerials, but it depends where the airplane was when it was flown and stuff. The lines may not be exact. COMMISSIONER COYLE: But would your assessment be that the comer of that home is as close to the paved right-of-way as the building across the street would be? MR. REISCHL: It may even be a little bit closer. COMMISSIONER COYLE: Really? Well, we have to move the home then, don't we? MR. REISCHL: Well, that's a different subdivision. It may Page 27 December 17, 2002 have different rules. This is a multi-family building. That's more of a villa type, so they may have different setbacks. CHAIRMAN COLETTA: Commissioner Halas, then Commissioner Fiala. COMMISSIONER HALAS: Can you tell me what the height of this building is in respect to where it sits on this property in the -- MR. REISCHL: I believe it's two stories. The petitioner is here. He'll be able to answer that. COMMISSIONER HALAS: And what do we mean by two stories, the actual total height of the building and not the center of the roof, all the embellishments and everything else? MR. REISCHL: No, I don't know that offhand. COMMISSIONER HALAS: Okay. So the petitioner would be able to answer that? MR. REISCHL: He's got them under construction now. The other two buildings are under construction. COMMISSIONER HALAS: All right. CHAIRMAN COLETTA: But I think we want to stay focused on what we're talking about. The variance isn't for the height though, is it? MR. REISCHL: No. It's just that corner of that one building. COMMISSIONER HALAS: No, but this does play into relationship of how close that building's going to look when it sits beside the road. CHAIRMAN COLETTA: Good point. Good point, Commissioner Halas. Commissioner Fiala? COMMISSIONER FIALA: Yes. I'm more interested in safety concerns. If it's closer to the golf course, is there -- are there chances that people could be hit with a golf ball? MR. REISCHL: That was one of the concerns brought up at the planning commission meeting, ricochet. Also, the safety was Page 28 December 17, 2002 brought up about the mm, and I'll put a different graphic up here for you that, again, helped the planning commission make their decision. On this, the curve in the road doesn't look as great as it did on the other one. It shows you that it's just like a slow curve. People were concerned-- the planning commissioners were concerned about making a mm and having this building 10 feet off the right-of-way. Then they saw this graphic and that allayed their concern. CHAIRMAN COLETTA: I guess my question would be, if we were to do something different than has already -- has been requested here, would we enter into any kind of suit if somebody was hit by a golf ball because of the exposure on the golf course because of our action here? I guess that's directed to the county attorney. MR. REISCHL: Well, this is moving it away from the golf course. CHAIRMAN COLETTA: Well, I know that, but I mean, how we vote would determine where it's going to go and the safety issue. MR. WEIGEL: Thank you, Mr. Chairman. I think it's wise if you discuss the safety issue here; however, in the context of planning, if you make a determination of reasonability here of the placement and the construction, I don't believe that this type of decision would put the county at risk as a potential defendant. It's a little removed from the activities themselves. CHAIRMAN COLETTA: Thank you, Mr. Weigel. Mr. Halas? COMMISSIONER HALAS: This -- this graphic that you've got up here at the present time, is this really the true representation of the road or is the other photo that we saw earlier the true representation of the road in regards to what the radius of that curve is? MR. REISCHL: I believe they're both correct, it's just the fourth -- I'll put it on here. COMMISSIONER HALAS: Yeah, let's go back and look. MR. REISCHL: So you can see it-- the planning Page 29 December 17, 2002 commissioners were concerned that the -- that road continued in a curve, but it really is more of a gentle curve and generally continues in a straight, although curvy line. COMMISSIONER HALAS: And what's the speed limit in that area? MR. REISCHL: It's a gated community. I believe it's 15 or 20. COMMISSIONER HALAS: Okay. CHAIRMAN COLETTA: Do we have any public speakers on this? MS. FILSON: Yes, sir, we have three. The first one is Michael Whalen, and if the second one would please step up and be onboard, Jack Fink. MR. REISCHL: And Mr. Whalen is the petitioner. MS. FILSON: Okay. MR. WHALEN: Good morning, Commissioners. Mike Whalen, for the record. This -- to answer your question, Commissioner, the front of this building has garages and it's only one story at the point -- just to clarify, at the comer where we're -- in question. It is a typical two-story condominium, 3 5 to, I think, 40 feet tall. The -- to answer another question Fred asked, the relationship of our building to that -- to the house across the street is approximately the same. In relationship, those graphs aren't perfect, but they show -- it's about the same. Those comers are about the same, to agree with them. I don't know what other questions you might have for us on this. CHAIRMAN COLETTA: Questions from the commissioners? COMMISSIONER HALAS: Is -- when the -- the placement of this building in relationship to the one across the street, is it going to give you the effect that you're going down through a tunnel then, because you've got the -- the building that's presently there and then with the placement of this building, looks like both buildings Page 30 December 17, 2002 obviously are going to have about the same setback at that point; is that correct? MR. WHALEN: That's correct. The whole -- Fred, if you can put up the other graphic there. To backtrack a little bit, we are -- there was original plans before we took over on this project for a four-story building of 18 units. We decided to go with three -- three two-story buildings to lower the heights of the buildings, not to make it look so big and not canyonize, for lack of better words. All we're doing here and what we're trying to do, and we worked very diligently with the Windstar Homeowners' Association, the master association, the golf course, is just simply move this building away from the green. If we were to line up all three of those buildings in line, we literally would probably be within 40 to 50 feet of the hole, not the green, the actual hole. So that's big -- you know, speaking of safety, that's the big reason. The Homeowners' Assoc -- or the golf course has put up a lot of nice -- spent a lot of money in some landscaping here to buffer it a little bit more, and we're just trying to help out. Keep in mind, we don't really -- we're -- our original SDP went in for all three of those buildings and were approved. We're just trying to help out the safety of a couple golfers that might hit in there and shoot and keep our building safe. I hope that answered your question a little bit. CHAIRMAN COLETTA: Next speaker? MS. FILSON: Are you finished, sir? MR. WHALEN: Yeah. MS. FILSON: Okay. The next speaker is Jack Fink, and he will be followed by your final speaker, Michael Gracie. MR. FINK: Good morning, Commissioners. I'm Jack Fink, president of the Windstar Master Association, and I support, and the master association supports the request for this variance. Page 31 December 17, 2002 We've been working with the Windstar Golf Club, the Windward Cay Resident Association that's directly affected by this new development, and we've been working over two years to find the right solution for this problem. Originally when Tristar proposed the buildings, that building -- the comer of the building was directly on the property line, and the tilting of this building moves the comer of that building about 25 to 30 feet from the property line, and that's the reason for the tilting, and to do that is the reason for the request for the variance. So it's -- it's simple to look at, but we have worked on it for well over two years to find the right compromise and solution, recognizing safety, the overflight of golf balls, and all the residents' concerns. We think it's the right solution and we ask for your approval. Thank you. MS. FILSON: Your final speaker, Michael Gracie. MR. GRACIE: Good morning, Michael Gracie. I'm general manager of the Windstar Club on Naples Bay. I just came in support. Basically I agree with everything Mr. Fink said. And also my board of directors support this variance. And I'm here for any questions if you'd like. CHAIRMAN COLETTA: Questions? Commissioner-- I'm waiting to see if a light's going to come one. None. MR. GRACIE: Thank you. Happy holidays. CHAIRMAN COLETTA: Thank you, sir. And that concludes the public speakers? MS. FILSON: Yes, sir. CHAIRMAN COLETTA: Then we'll close the public hearing at this time. Commissioner Coyle? COMMISSIONER COYLE: Mr. Chairman, as you know my position on variances -- and I would be inclined to vote against this Page 32 December 17, 2002 variance were it a variance for the developer's benefit solely, but in this case it seems to me that this is a variance which is being requested by the residents and the property owners and the homeowners' association for the purpose of safety. So under those circumstances, I would be willing to make a motion of approval. COMMISSIONER FIALA: And I'll second -- COMMISSIONER HALAS: Second. COMMISSIONER FIALA: -- that motion. CHAIRMAN COLETTA: Okay. So we have a motion for approval by Commissioner Coyle and a second by Commissioner Fiala. Any discussion? (No response.) CHAIRMAN COLETTA: CHAIRMAN COLETTA: aye. All those in favor, indicate by saying COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: And the -- opposed? (No response.) The ayes have it, 5-0. Item #8E ORDINANCE 2002- 69, ESTABLISHING THE SOUTH 8TM STREET/DOAK AVENUE MUNICIPAL SERVICE TAXING AND BENEFIT UNIT- ADOPTED WITH A 10 MIL CAP AND ADDITIONAIJ STIPIIIJATIONS AND FI.EXII=IIIATY Page 33 December 17, 2002 Now we're going to go to our time certain, which would be the -- 8(C) -- wait, no, excuse me. MR. MUDD: Your time certain is 8(E) -- CHAIRMAN COLETTA: Yeah, 8(E). MR. MUDD: -- and it would by 8(F). CHAIRMAN COLETTA: Be 8(F), yeah. And while we're-- Mr. Kant or whoever it is that's coming forward, I want to make a brief statement and an apology and a thank you. I apologize that the last meeting got a little heated and I'm very thankful of the fact that we were allowed to carry this forward to today. The action that we took at the last meeting allowed us to move forward with this item to clarify the issue. We're farther ahead now than we were before. We probably cut about two months of planning off it in the fact that we had to take this issue back under consideration, and I hope you enjoy the presentation and some of the ideas that are coming forward here today. COMMISSIONER COYLE: You want to wait till exactly 10 o'clock or you want to proceed now? CHAIRMAN COLETTA: Well, we're about five minutes early, so talk slow. We'll allow people to sign up on this issue past 10 o'clock, but there is a point of preamble to this with the explanations of where we are. I take it we have a contingent from Immokalee here. Would you raise your hands? Good. Good to see you. MR. KANT: I apologize, Commissioner. You caught me off guard. Edward Kant, transportation operations director. First of all, I've got a terrible cold, so I'm going to try to keep this real short. Last -- two weeks ago, last meeting, we were asked to do some additional work on these two MSTUs. MR. MUDD: 8(E), just to help the folks that are out there, is an Page 34 December 17, 2002 ordinance creating the South 8th/Doak Avenue municipal service taxing and benefit unit providing the authority, providing for the creation, providing a purpose in governing body, providing for annual estimates of expenses, taxations, not to exceed .5 mills of ad valorem taxes per year, an assessment rate, providing for the collection of taxes and assessments, providing for conflict and severability, providing for inclusion in the Collier County Code of Laws and Ordinances, providing for an effective date. MR. KANT: Thank you, Mr. Mudd. Just again, for the record, I've highlighted on this portion of the assessor's map the area that we're talking about for Doak Street (sic) and I'll get-- we'll do the other one separately. Several of the -- several of the questions that were asked at the last meeting had to do with costs and the ability of the MSTUs to cover those costs. We've done some work, but I'm, frankly, reluctant to quote any numbers obviously. I can tell you that we have some order of magnitude costs, and any numbers that I give you I wanted to preface by saying are simply estimates, they're extremely conservative, mainly because we haven't had an opportunity to do any field work. This is typically what comes after the creation of the MSTU. We anticipate that the outside cost for the Doak/8th Street area will approach a quarter of a million dollars, that includes the construction costs, a contingency for construction in the amount of about 10 percent, an engineering design fee, again, at about 10 percent, and administrative overhead for the formation of the MSTU of about 15 percent. I believe that based on what we find in the field we'll be able to better those costs significantly. But I do not want to, as has been pointed out, lead anybody astray to come up with a low-ball number. In the ordinance, there -- we've set this ordinance up with some flexibility. As both an MSTU or MSBU we can take the value Page 3 5 December 17, 2002 approach or the assessment approach. In trying to figure out what might we do for an assessment, we did a listing of all of the properties in the area, and there were 20 some -- I can't remember the exact number. I think it was 28 or 29. And we came up with about a cost per square foot of the area that is -- those properties that were in the area, taking the entire area and looking at the number of square feet against the total estimate that I gave you, about 75 cents a square foot if we do an area assessment. We might also want to look at a front foot assessment. And again, we have a third option which is a value assessment. And as was pointed out at the last meeting, the value assessment may not be the best way to go merely because there is not a lot of taxable value in the area. We also met with the Immokalee -- the advisory board of the Immokalee Redevelopment Agency of which this board is the governing body, and we -- I believe we're going to hear from some speakers that indicate that the redevelopment board, advisory board, is much behind this -- these -- both of these projects. We also met with Marlene Ford, who is the county's grants coordinator, and Ms. Ford was kind enough to put together some information for us. Again, this was very preliminary. But I'd like to, if I may, read into the record several sentences from her memo to me, which I got late yesterday. She says, and I quote, as discussed, the majority of grant programs, however, do require a local match in the form of cash contributions from the applicant or from the local community, the grant program needs to be -- see evidence that the applicant is doing what it can to help itself, even if it cannot fully fund the project; therefore, the formation of a taxing district, particularly if desired by the local community, would go far in providing proof of commitment from the local community. Realizing that a taxing district in the Immokalee area would not Page 36 December 17, 2002 create a substantial base of funds for capital improvement, it is unlikely that such an effort would solely fund road improvements; however, used as leverage toward federal, state or local grant programs, much more can be accomplished. Unfortunately, Commissioner Coyle, we did not get into any specifics of particular grants; however, I believe that that's something that we definitely have an avenue toward. We also were looking in the case of the Doak Street area at the local connectivity issues. Frankly, there may be a reasonable approach for the county to take some part in that on behalf of the Immokalee community, but, again, that's something we need to investigate and come back with a solid proposal. At this point we're merely asking on behalf of the 80 plus percent of the local residents who did petition in favor of it, that the board approve on the formation of the taxing district. I do have one last comment, and that was that during a discussion, the issue of the advisory board came up, or advisory committee. Typically when we form, for example, a beautification MSTU, we structure the ordinance so that there's an advisory committee, because obviously the wishes and the desires of the residents affected by that MSTU with respect to the aesthetics of what it is they're doing are going to be very, very important to carrying out their mission. Typically in a road assessment or a road project, we don't do that, because, frankly, you build a road and it's done. However, we did look at whether or not it would be advisable to put together some type of an advisory committee knowing that there would be additional costs, because there have to be noticed meetings and secretarial costs and whatnot, and we felt that we could do that if it was the desire of the board, and limit it to one or two meetings, perhaps an initial meeting to make sure we have the pulse of the community, and then, perhaps, a presentation meeting. Page 37 December 17, 2002 On the other hand, in discussing this issue with Mr. Rodgers, who's chairman of the civic association, he felt that at this point, the civic association has been the facilitator for these types of projects, and he did not have any objection to continue to do so if-- again, if the board didn't see any objection to that too. So having said that, I would ask that you see favorably on this petition. CHAIRMAN COLETTA: We're going to go to Commissioner Henning first, then Commissioner Fiala, then Commissioner Coyle. COMMISSIONER HENNING: The question, is there a reason why we capped it out not to exceed a half a mill? MR. KANT: Yes, sir. I used a templet when we put the ordinance together. I was just talking with Mr. Smykowski, and the legal limit, as I understand it, is 10 mills. I understand from Mr. Smykowski we could go as high as, I believe, about six mills. I think that what we would have to do is go back, once the district is formed, assuming that we do get that approval, and once we get a much better handle on the project, we can come back and look at whether or not we need to change the millage, whether or not we need to change even the limits of the district. As I said, this is -- at this point, this is the first step. But we would have -- we made that suggestion. And as I said, perhaps in hindsight, we were a little hasty in making that suggestion, and we maybe should have gone a little higher. But it was simply our desire to get the people's wishes in front of you. COMMISSIONER HENNING: Can we make that change today? MR. KANT: I don't know. Mr. Weigel, can we? Mr. Weigel's nodding his head, yes, sir. MR. WEIGEL: You can. COMMISSIONER HENNING: Question on the board, board members, on the ordinance section, whereas, property owners within Page 38 December 17, 2002 the proposed taxing district request a creation of a municipal service taxing benefit unit to pay for paving and drainage improvements. Is there any willingness just to remove the word paving and drainage and just put improvements and giving it more flexibility on what kind of improvements can be done? COMMISSIONER FIALA: Let me ask, in response to your question there, if we did something like that, would that, in any way, impede your ability to find dollars to move forward, some type of grant dollars or assessments or anything? MR. KANT: That's an interesting question. I've never been asked that question before. Off the top of my head, I think that if we talk about public improvements, that gives us a -- probably a wider range of improvements to look at. We could even think of streetlighting, we could think of-- you know, think of something. I don't think there's a problem. Mr. Weigel, do you see a problem with that? MR. WEIGEL: Well, if you want to broaden it, I would suggest that you leave in the language. Add any specifics, for instance, including streetlighting and other improvements. Add that kind of general clause which gives you the flexibility, but don't reduce the identification of some el -- some elements of interest right now. CHAIRMAN COLETTA: Does that get you where you want to go, Commissioner Henning? COMMISSIONER HENNING: Yeah, including but not limited to paving-- MR. WEIGEL: Exactly. COMMISSIONER HENNING: Base road improvements, paving, lighting, drainage. MR. WEIGEL: And such change -- pardon me. Such change be made not merely in the whereas paragraph, but in the operational part of the ordinance where it's got powers, duties, functions, things of Page 39 December 17, 2002 that nature too. MR. KANT: Yeah, we will -- we can accomplish that, Commissioner. COMMISSIONER HENNING: And the reason I'm saying if-- I'm in favor of more flexibility by allowing more moneys from the MSTU, MSTBU, and also flexibility. If we can't meet those goals for the capital moneys for the improvements, at least that we can put some limestone in there at the present time. MR. KANT: I understand where you're going, sir. CHAIRMAN COLETTA: Okay. We'll go to -- I'm sorry, Commissioner Henning, does that conclude -- COMMISSIONER HENNING: Yep. CHAIRMAN COLETTA: We'll go to Commissioner Fiala, then Commissioner Coyle, then Commissioner Halas. COMMISSIONER FIALA: Okay. First of all, let me say that I really admire these people for wanting to take the bull by the horns and fix their road. I just think that's a wonderful gesture. So many people just put their hands out and never want to participate, and, so I admire them for that. The second thing I want to say is, I would guess because they came forward and said we'd like to tax ourselves, they would probably accept a higher millage rate. As long as we chose that millage rate, I would guess that they probably wouldn't mind three mills or something like that. I don't know how much that would be, but it wouldn't be that much more on their property values, and yet it would probably help them to reach their goal and maybe help you to get some grant money to assist them. And lastly, my main concern here, again, is safety. When I received the letter from the Immokalee Fire Department that said, they're sorry they can't service these people on these roads because they can't get through on the roads, and same with EMS, and they Page 40 December 17, 2002 can't get through to pick up anybody who's had an accident or a heart attack, my thought is, we need to do something to step up to the plate. Our -- one of our goals as a county commission is to first take into consideration the safety and welfare of our citizens, and that certainly is an objective here. So I -- I don't know if this is too early, but I would like to move to approve this -- the first one, which is 8(E), 8th Street and Doak Avenue -- CHAIRMAN COLETTA: Yeah. COMMISSIONER FIALA: -- just for the sake of further discussion. CHAIRMAN COLETTA: Okay. And for-- to keep this discussion going, I'll be more than happy to second that. So we have a motion by Commissioner Fiala, second by Commissioner Coletta. We'll continue. We're going to go to Commissioner Coyle now and then Commissioner Halas, then back to Commissioner Henning. COMMISSIONER COYLE: Well, as everyone knows, I was the one who primarily objected last time to the way this would be done. I in no way objected to the improvement of the streets, but I felt that the residents were not being given accurate and complete information about the implications of this particular approach. A hundred and seventy-two dollars raised by an MSTBU is not likely to generate many matching fund grants. It seems clear to me that we're going to have to supplement those funds in some other way in order to accomplish this. And I think we can begin that immediately whether we have an MSTBU or not. We could have done that over the past 30 to 60 days. The -- the tendency to state in an MSTBU that the taxing rate is going to be $172 for the entire community each year is misleading, and that's what I wanted to get to. The tax assessment, as you've observed in your response to my questions, is that there are severe Page 41 December 17, 2002 penalties for failure to pay tax assessments. If we set this tax assessment high enough to get reasonable matching grants, we could very well put people in a position where they couldn't pay the tax assessments. So I would-- I would like to make sure that everyone understands that two things can happen. Number one is that the tax rate for the MSTBU can be raised, and raising it dramatically would be necessary in order to get matching funds, grants with matching funds, because even if you raised it 20 times, which would be 10 mills, you're talking about $ ! 700, or $3400 a year or something like that. So that's not a lot of money either. That's not going to get you many matching grants eith -- I think the thing we have to understand here is -- and I hope the residents understand it, is that they don't want to get -- I hope they don't want to get saddled with an MSTU that's going to hit them with more taxes than they think they can get merely to try -- or pay, merely to try to get matching funds for some grants that haven't yet been specified, okay? And the second point is, that if we're going to supplement the money, then let's get started on doing that right now. As Commissioner Henning has already stated, putting down a better surface on that road could be something that would be reasonably easy and I don't think all that expensive right now. So what I'm getting to is that I -- I will -- will support the formation of this MSTU -- to cut short this thing. We've got a very busy day -- as long as the residents understand the implications of this and that they appreciate the fact that the formation of the MSTU is going to require some contribution beyond $172 a year to get any credibility whatsoever with respect to generating matching funds. So I will support it, and furthermore, I will support -- I will support looking for some funds outside of this, whether we set up the MSTU or not, to deal with the health, safety and welfare issues. Page 42 December 17, 2002 But I -- what disturbed me last time is that we were leading the people to believe that for $172 a year, an MSTU, they were going to get this problem solved. And I don't think that's the case. ! hope it happens. But, nevertheless, I will support it so that we can move on with this issue, and my best of luck to the people who want to get this done. I hope you're not hit with any unfortunate surprises in this process. CHAIRMAN COLETTA: And I thank you very much for letting me go before you, Commissioner Halas. You're right, you're absolutely right, Commissioner Coyle. We don't want to mislead everyone, and that's where this has to be a grass-roots movement from day one. They have to have the right to reject it. Now, there's one other thing that we didn't enter into this discussion before, and I'm going to be very brazen, offer it as a suggestion for your consideration now, or else we continue on the same level that we are, is the public purpose end of this whole part. For a nominal amount of money, possibly if we put an assessment on these people rather than a property tax, which is -- really doesn't apply, because most of these properties, after you take off the homeowners' exemption, don't exist as far as any valuation. But an assessment, a small assessment would have some value that would far exceed the taxable value. Possibly we could come up with something where we would match it from the gas tax for public purpose. If Mr. Kant would explain what a public purpose would be in this case, maybe that's something for consideration. MR. KANT: Well, Commissioner, first of all, according to the records that we have, I only show six of those properties that are not at a high enough level to pay taxes. All the rest of them do pay property taxes. Page 43 December 17, 2002 As far as the public purpose, I don't want to get into legal definition -- I'd leave that to Mr. Weigel and his folks -- but I think that whenever you can look at any project which would have as an end result either an addition in the property values, an ease of providing emergency services, fire, police, EMS, or anything that, in effect, makes life better for the folks that are in there, that is a public purpose. As I say, I'm not sure that that's going to fully fall within the bounds of a legal definition. I do know that we've had a very strong expression of interest from folks who have said, well, they'll donate whatever necessary right-of-way there is. We also know in this particular area, there are a number of manufactured homes that may -- some of which may have to be relocated on the lot in order to maintain adequate setbacks, that type of thing. We've tried to include in that figure I gave you an allowance for that type of thing. But we also recognize that we may not want to take the right-of-way in fee. We may want to take it as an easement or license or what have you, to try to preserve those properties' rights. I think the bottom line is, when we get that right-of-way, that in itself is an expression of the interest of the folks in that area. And as I say right now, we haven't seen any negative response to that request. CHAIRMAN COLETTA: Right. At this point in time I'm not going to ask you to make it part of the motion. I'd like to go through the rest of the deliberation. COMMISSIONER HALAS: Can I -- CHAIRMAN COLETTA: What's that, Commissioner Halas? COMMISSIONER HALAS: I just wondered when my time is apo CHAIRMAN COLETTA: Oh, no. We're coming to you. What I was going to say, I'm not going to ask to have it made Page 44 December 17, 2002 part of the motion, but possibly after we hear the speakers, we might want to consider it as part of the motion. For now, we'll go to Commissioner Halas, Commissioner Henning, then back to Commissioner Fiala. COMMISSIONER HALAS: First of all, I'll make this brief. Number one is, I believe there was 80 percent approval rate by the people there that want to tax themselves. Number two is, it's an MSTU, it's a governing body that's picked. That's up to them to decide how much of a millage they want to do. So I don't think it's up to the county commissioners to decide what millage rate they need. They'll make that determination themselves, and I think that they're the type of people that will -- will address this. This is -- I think this is where we need to go on this. CHAIRMAN COLETTA: Thank you. Commissioner Henning? COMMISSIONER HENNING: Can we restate the motion, please? COMMISSIONER FIALA: I just -- motion to approve as written in the executive summary. CHAIRMAN COLETTA: And there was a second also. COMMISSIONER HENNING: Well, Commissioner Halas, I disagree with you. We want to make this happen for the residents that live along there, that we need to provide the wherefore all (sic) for it, and it is not in the motion, and I would like to include it -- COMMISSIONER HALAS: But 80 percent of it is, they've already -- they've already approved that they wanted to do this, and they -- COMMISSIONER HENNING: Correct, but the capital need to make those improvements. I think we need to provide -- set the groundwork for it. So I would hope that we can amend the motion to include some flexibility with the -- the millage rate that's being set, as it was stated Page 45 December 17, 2002 that, we can go up to six mills -- well, we go up to 10 mills, but because of the other MSTUs in the area, the peak is, in this case, six mills. The other thing is the flexibility as far as improvements. If the moneys can't be raised, at least it's a possibility that we could put lime rock down there until the moneys can be found to do that. So those are the things that I would like to include into the motion for some more flexibility to make things happen for these residents. COMMISSIONER FIALA: As the motioner, I agree with you. I think that we should be flexible in the millage rate and that should be discussed with these people, as well as I'd like to get the show on the road with the -- you know, with whatever improvements we can make until we -- until we can move forward with easements and assessments and grants and whatever, at least to -- to help these people along to have some kind of service. So I will incorporate that into my motion, incorporating flexibility in millage rate; in other words, let them help to decide what they can do, work with our county -- county government to decide the millage rate, being that the .5 was decided for them. Mike, did you want to say something before I move on? MR. SMYKOWSKI: Actually, yes, I would. For the record, Michael Smykowski, budget director. The important thing today in terms of action is the creation of the district. The district has to be created prior to January 1 to be able to tax in the subsequent fiscal year, which would be fiscal year '04 for the county. If you adopt -- you have the flexibility, obviously, to adopt the millage at -- you know, within the 10 mill cap, but if you chose to adopt it at a half mill, one mill, you still -- the MSTU committee could still petition the board, you could make a change subsequent to next year's budget -- COMMISSIONER HALAS: That's exactly right. Page 46 December 17, 2002 MR. SMYKOWSKI: -- and change the millage cap after the formation of the MSTU group and see what their druthers are relative to the maximum -- to the maximum millage. COMMISSIONER FIALA: So in other words, with the -- with the motion as it originally stood at .5, they can go back and say, we would prefer to tax ourselves three mills, and all they have to do is come back before us and-- for that approval, right? MR. SMYKOWSKI: Yes, they-- COMMISSIONER FIALA: As long as we get this -- this actual issue approved today so that it can be moved forward before the first of the year? MR. SMYKOWSKI: Yes. It would require a subsequent public hearing advertising of an ordinance to make that change, advertising the intent to change the maximum millage from to half mill to whatever mill was desired, but that flexibility does exist. COMMISSIONER FIALA: But -- and it won't delay this? MR. SMYKOWSKI: No, ma'am. COMMISSIONER FIALA: Okay. Okay, fine. MR. SMYKOWSKI: And David, if you had any comments. I think you're trying to -- CHAIRMAN COLETTA: David? MR. WEIGEL: I do, just add a little bit. For instance, all the ordinance does is set a millage cap. Whatever millage you set in your budget process next June and beyond will be within that cap, and it could be a half a mill, it could be -- if you set a cap here of five or six mills, the ordinance will tell you how far you could go in the budget process. But just by virtue of the fact that you would set a millage today, whether it's the half mill, which would essentially, realistically, require an amendment to this ordinance, which can be done quite easily, or if you set it today at six mills, or even eight mills, the county staff, county attorney and budget director, will always come back to you and tell you what the legally available Page 47 December 17, 2002 millage is within that cap that you set today. So if you were to set-- to modify the draft ordinance to have a higher millage cap, that infers nothing automatically in regard to assessing or levying a millage on this -- on this particular MSTU. An example, of course, is the Livingston Road Beautification Phase II MSTU, which had, I think, up to three mills potentially to be levied, and the board exercised in the budget process this last year a determination that the best thing was to levy zero. You always have that flexibility. CHAIRMAN COLETTA: Thank you, David. Let's just see. Let's go with Commissioner Henning, Commissioner Coyle, then Commissioner Halas. COMMISSIONER HENNING: Mike, while you're there-- MR. SMYKOWSKI: Yes, sir. COMMISSIONER HENNING: Isn't it easier to go down? When we approve a cap, it's easier for the advisory board to move it down, because it would take amendment of the ordinance to take it up? MR. SMYKOWSKI: That is true. It would require an advertised public hearing -- COMMISSIONER HENNING: And that's -- MR. SMYKOWSKI: -- to make an ordinance change. So, yes. I've attempted -- there's a 10 mill cap for county purposes and a 10 mill cap for municipal purposes. The taxing districts where there are -- current MSTU levies are outlined, the Doak falls in millage area 148. There's approximately two mills of taxation currently leaving and untaxed capacity of approximately eight mills within -- within that 10 mill parameter, and for the Little League Road, which falls into area 190, because that area is not in the Immokalee beautification district, which has a one mill levy. There's approximately nine mills of remaining capacity within that district. CHAIRMAN COLETTA: Commissioner Coyle? Page 48 December 17, 2002 COMMISSIONER COYLE: You know, this has absolutely nothing to do with creating an MSTU. The MSTU is going to be created. That's not the point of this discussion. It wasn't the point of the discussions last meeting. The point of the discussion is being honest with the people so they understand what it is they'll have to do, that's all I want to do, and if people understand that for $172 a year they're not going to get a quarter of a million dollar project done, okay? Now, if they increase it to the max, they're going to get $3,000 a year, and $3,000 a year is not going to get a quarter of a million dollar project done. If they can get matching funding, if they can, they'll get matching funding equivalent to whatever we can get for $3,000 a year, if you're taxed to the maximum amount. I suspect there are other ways to get some grants. But, look, let's create the MSTU, let's make sure the people understand that they're likely to have to tax themselves at the full maximum amount of 10 mills, and there also might have to be some additional assessments, and we might have to pitch in some money for some other reasons, but let's be honest with them. Don't let people believe that for $172 a year they're going to get a quarter of a million dollar project finished. That's all I'm interested in doing. That's all I'm interest in saying about this thing. I'm going to vote for this MSTU. I've done my best to make sure people understand what the risks are and what the expectations should be, and I wish them all the luck in the world, and I'll be supportive of that process. But this whole thing has been prompted by the fact that we got a document for approval for creating an MSTU for $172 a year, and the -- the expectation then that somehow that was going to create -- that was going to solve the -- pay for a $225,000 project. But I've finished, Mr. Chairman. I'm ready to vote on it. CHAIRMAN COLETTA: Commissioner Halas. Then we've Page 49 December 17, 2002 still got to hear from the residents. COMMISSIONER HALAS: Okay. To start with here, these people obviously, they wanted an MSTU, they probably realized -- I'm sure that most of them are -- know math, then they figured out that it's going to take them a while at .5 mills to assess themselves enough money to build a road. I'm sure they're going to look into all the necessary avenues to find out if there's any grant money out there. What we're here today -- we're not here to set a level of what we're going to tax them at or what they're going to tax themselves at. We're here just to establish this MSTU and to get on the road, and I think we spent enough time on this matter. CHAIRMAN COLETTA: Okay, Commissioner Halas. Let's go ahead and call the speakers. Before we do, obviously you can see the intent of the commission is to establish an MSTU. If you think that the direction is correct, you may wish to waive. You served the purpose by being here today. But if you do have some comments that are very important to the proceedings here today, don't hesitate to bring them up front. How many speakers do we have? MS. FILSON: Mr. Chairman, we have seven speakers, and they're all registered for 8(E) and (F). Do you want them up twice, or do want them to speak on both issues at the same time? CHAIRMAN COLETTA: I believe that we can probably cover everything with-- COMMISSIONER COYLE: One. CHAIRMAN COLETTA: -- one time. MS. FILSON: Okay. Your first speaker is Fred Thomas. He will be followed by Leo Rodgers. If Mr. Rodgers would like to come up front. MR. THOMAS: Good morning, Commissioners. I want to first thank you for the proclamation you did last meeting. I want to Page 50 December 17, 2002 apologize to you for not sticking around for this issue that time, because normally this is a slam dunk, it's an easy thing, and we shouldn't have had any confusion, any question about it. I want to thank you, Commissioner Halas, because you understand what the real issue is. You truly understand what the real issue is. There was comments made at the last meeting that we needed to just form a homeowners' association. If you form a homeowners' association, you can't force everybody to be a part of it. So the only vehicle we have to make sure we have a process that the residents control, that begins to get us stepped up, is an MSTU. That's the only vehicle we have. Everybody's then forced to be a part of it. We had 80 percent support for it. And then with that, we can look at what we need to do to make things happen. I mean, just like any other MSTU, we can look at it, count the money. And believe me, folks, poor folk count money and move budgets around quicker than rich folks ever think they can in order to make things happen. You understand? So we understand all of these kinds of problems, and it's just -- should have had the same respect-- any other MSTU, any other community, when we came up here to say what we needed to have done. You know, donate the right-of-way. And it may be that we just don't give you an easement, we want to donate the right-of-way, because therefore, you do not have a cash contribution to the project when you go to leverage funds. You understand? All we're asking for, like the boys did when they threw tea in the harbor, give us the right to let us do our own thing. Thank you very much. (Applause.) CHAIRMAN COLETTA: Thank you, Mr. Thomas, and congratulations on your retirement. I expect we'll be seeing a lot Page 51 December 17, 2002 more of you. MS. FILSON: The next speaker is Leo Rodgers, and he will be followed by -- and I hope I get this right -- Ramiro Monzono (sic). MR. RODGERS: My name is Leo Rodgers, and I'm president of the Immokalee Civic Association. I also work for the fire department. And I thank you-all for what you're deciding today. I think -- just to let you know, that we've had several meetings and discussions with Mr. Kant and his office and the people that live in the area, and I think they understand what we're trying to do, and they also -- if we didn't get the MSTU going now to -- if we did find a grant, we'd have to wait another year to put the money somewhere and to get this ball -- this show on the road. At least if we get it established and get things rolling, I think it's -- that's what we need. And I think they all understand that, and we've had, like I said, several, several meetings on this. And thank you for your support. MS. FILSON: The next speaker is -- and I'm sure I got -- oh, okay. I know I got it wrong, so I'll let him pronounce it. Following him with be Ann Olesky. MR. MAZANO: Hello, Commissioners. My name is Romiro Mazano, and I'm talking about Doak Street. And all I'm saying is that if they going to do a paver-- pavement, I mean, they can put speed bumps on it, I guess. I don't know. Because there's a lot of kids around. They might get run over, you know, so that's what I want. Thank you. COMMISSIONER HENN1NG: Sir, I understand that we do have speed bumps in there, they're just traversed. CHAIRMAN COLETTA: Yeah. We call it the poor man's speed bump. Mr. -- Commissioner Fiala, did you have some -- COMMISSIONER FIALA: No, I'll wait till the end. Thank Page 52 December 17, 2002 yOU. CHAIRMAN COLETTA: Okay. MS. FILSON: Ann Olesky, and she will be followed by Ray Alvarez. MS. OLESKY: Good morning. Thank you-all for putting a little faith in us. If you notice, a lot of the representatives that are here from Immokalee actually don't live in that area, but all of Immokalee supports Immokalee and we're all going to make it happen. And thank you again for moving us forward in the right direction. And might I say happy holiday to all of you and to come out and see us. Thanks again. MS. FILSON: Ray A1 -- Ray Alvarez. COMMISSIONER FIALA: Nice picture in the paper, by the way, Ann. MS. OLESKY: We were laughing about going out on the lake to see the alligators. And I thought if he wasn't a good boy, it would be a one-way trip. That's when he cracked up. CHAIRMAN COLETTA: By the way, ma'am, tell me about -- the fish are biting, correct, at Lake Trafford. MS. OLESKY: Fred Thomas, Jr., eats them up. MR. BELLOWS: I'm Ray Alvarez, I'm the fire chief of Immokalee Fire Department, and I kind of created some of this by writing that letter last year, and I want to thank you for getting it started for us so we can get moving forward with the life safety side of it. Thank you. CHAIRMAN COLETTA: Thank you, sir. MS. FILSON: The next speaker is Terrie Aviles, and she will be followed by Floyd Crews. MS. AVILES: Good morning. My name is Terrie Aviles, for the record. And I just -- again, as the rest of my community members, I would also like to thank you for moving this forward. Page 53 December 17, 2002 And I hope that -- we are talking about Doak Avenue at this point and South 8th, but I hope we don't forget Little League and Traffic Farm -- CHAIRMAN COLETTA: That's the next issue. MS. AVILES: -- on that approval as well. And on behalf of the residents of all these streets that I advocate for, I'm sure they thank yOU. MS. FILSON: And your final speaker is Floyd Crews. MR. CREWS: Good morning. As you-all -- I'm elected just like you-all are. And it became quite a problem a few years ago trying to get these fire trucks and EMS vehicles down these roads. I'd like for you-all to put you-all in the same position that some of these people have been in in trying to get emergency help down these roads. And this is what initially started this. I hope these -- this taxing district does work, and I think we going to find that there's several more roads that need to be added to these special taxing districts. Thank you-all. MS. FILSON: Mr. Chairman, I do have one final speaker, Barbara Cacchione. CHAIRMAN COLETTA: Good morning. MS. CACCHIONE: Thank you, Commissioners. We appreciate your action today. And the one thing I'd like to suggest to you is a source of funding could be your Community Development Block Grant funding in the 2004/2005 cycle. And we would be able to use the MSTU as well as the dedication of property as a match in order to apply for that grant. And we'd be happy to help through the empowerment alliance. Thank you. CHAIRMAN COLETTA: Thank you so much. And does that conclude the public speakers? MS. FILSON: Final. CHAIRMAN COLETTA: That will conclude the public portion of this agenda item. Page 54 December 17, 2002 Commissioner Fiala? COMMISSIONER FIALA: Before we vote, what I wanted to do -- I've been taking into consideration Commissioner Henning's suggestions. And I just wanted to ask you, if I amended this to say a cap of six mills, that way we wouldn't have to go back to amending anything and they could adjust that accordingly as well as to include flexibility to make initial road improvements, would this help -- okay. I've got the nods of approval. Then I would like to, with the commissioners' approval, amend my motion to include a six mill cap rather than a .5, and this allows the residents to move forward as well as the flexibility to make initial road improvements. CHAIRMAN COLETTA: All right. And I would second that with the caveat that the residents shouldn't panic. Doesn't mean there's going to be a six mill -- COMMISSIONER FIALA: Right, right, right. CHAIRMAN COLETTA: -- property tax. It means that that gives you the ability to decide what you're going to do to yourself to move it forward. Commissioner Henning, then Commissioner Halas. COMMISSIONER HENNING: The flexibility in the ordinance that you're talking about is to not only include paving and drainage and lighting, but the possibility of lime rock improvements. Just a clarification. COMMISSIONER FIALA: Thank you. CHAIRMAN COLETTA: Commissioner Halas? COMMISSIONER HALAS: I think we ought to just leave the cap alone and leave it at 10 mills and let the people out in Immokalee make that determination of how much they want to tax themselves for. That's all -- that's all that is. That's a maximum of 10 mills that they can -- and they'll decide what they -- what they feel their pocketbooks will handle. And to set a cap on it, maybe they want to Page 5 5 December 17, 2002 go seven mills, okay? CHAIRMAN COLETTA: The only problem is is that they can only go six mills because there's already some millage to this, from what I understand, correct? COMMISSIONER HALAS: My understanding, they go up to 10 mills. Am I right or not? MR. KANT: Mr. Weigel, can you comment to that? COMMISSIONER HALAS: And that's up to the -- that's up to the people that have this MSTU. MR. WEIGEL: The ordinance could have language in it that says the legal limit, which is 10 mills. That doesn't set the millage. County attorney and budget staff and transportation could come back next year in the budget process and tell you, the board, what millage is available in just setting the millage assessment. CHAIRMAN COLETTA: There you go. MR. WEIGEL: So you could say 10, you could say six. CHAIRMAN COLETTA: The legal limit? MR. WEIGEL: Yeah. CHAIRMAN COLETTA: Up to the legal limit. MR. WEIGEL: Up to the legal limit. COMMISSIONER HALAS: But again, it's up to the people that run the MSTU. MR. WEIGEL: Oh, I agree with you entirely, Commissioner. COMMISSIONER HALAS: Am I right or right (sic)? MR. WEIGEL: That's correct. CHAIRMAN COLETTA: That's correct. COMMISSIONER FIALA: That's what I'm saying. CHAIRMAN COLETTA: Do you amend your motion for that particular -- COMMISSIONER FIALA: I'll amend it to 10 mills. CHAIRMAN COLETTA: And I amend my second. Any other comments? Page 56 December 17, 2002 (No response.) CHAIRMAN COLETTA: Hearing none, all those in favor, indicate by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed.9 (No response.) CHAIRMAN COLETTA: The ayes have it, 5-0. Item #8F ORDINANCE 2002-70, ESTABLISHING THE LITTLE LEAGUE ROAD/TRAFFORD FARM ROAD MUNICIPAL SERVICE TAXING AND BENEFIT UNIT - ADOPTED WITH A 10 MIL CAP AND ADDITIONAI, STIPIH~ATIONS AND FI,F. XIlqII~ITY Moving right on to the next item. (Applause.) MR. KANT: Commissioner, in order to make this as easy as possible -- CHAIRMAN COLETTA: Motion for approval. COMMISSIONER FIALA: Second. MR. KANT: -- it's the same exact issue. CHAIRMAN COLETTA: All those-- any discussion. All those -- MS. FILSON: Public -- CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: Just to clarify the motion, it is the same -- to include the same language that we approved in the Page 57 December 17, 2002 previous item? MR. MUDD: So it's not to exceed the legal limit and to add other improvements. CHAIRMAN COLETTA: And I include that in my motion. COMMISSIONER FIALA: And me in my second. CHAIRMAN COLETTA: Okay. Commission-- MR. WEIGEL: And this is an MSTBU. CHAIRMAN COLETTA: That's correct. MR. WEIGEL: Both of them. CHAIRMAN COLETTA: That's correct. With that in mind, I close the public hearing and we'll take the vote. And all those in favor, indicate by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it 5-0, and we're going to take a short break. (Applause.) MR. KANT: Thank you, Commissioners. COMMISSIONER FIALA: Merry Christmas. (A recess was taken.) CHAIRMAN COLETTA: Take your seats, please, and we will continue. Item #8C and Item #8D RESOLUTION 2002-507/DEVELOPMENT ORDER 2002-04, RE Page 58 December 17, 2002 PETITION DOA-2002-AR-2567 and ORDINANCE 2002-71, RE PETITION PUDA-2002-AR-2566; ROBERT MULHERE OF RWA, INC., REPRESENTING J.E.D. OF SOUTHWEST FLORIDA, INC., AND COLONY CORPORATE CENTER, INC., REQUESTING AN AMENDMENT TO THE "PELICAN MARSH" DEVELOPMENT OF REGIONAL IMPACT (DRI) AND REQUESTING AN AMENDMENT TO THE "PELICAN MARSH" PLANNED UNIT DEVELOPMENT (PUD), FOR THE PURPOSE OF INCREASING THE ALLOCATION OF MEDICAL OFFICE SPACE ALLOWED FROM 9,000 SQUARE FEET TO 26,000 SQUARE FEET WITHIN THE APPROVED OVERALL GENERAL OFFICE LEASABLE FLOOR AREA OF 295,888 SQUARE FEET AND TO CORRECT A SCRIVENER'S ERROR CONTAINED WITHIN THE DEVELOPMENT ORDER FOR PROPERTY LOCATED NORTH OF VANDERBILT BEACH ROAD (CR 901) AND EAST OF I,IVINGSTON ROAD- ADOPTED WITH STIPI II.ATIONS Next item, Mr. Mudd, is? MR. MUDD: Commissioner, it's item (C), and that's a DRI for Pelican Marsh, and (D) is also akin to it in the fact that it's a PUD for Pelican Marsh, basically same item. Ray? MR. BELLOWS: That's correct. COMMISSIONER HENNING: (C) and (D), 8(C) and (D). MR. MUDD: That's correct, 8(C) and (D). CHAIRMAN COLETTA: Okay. Let's start right off with -- I'm sorry. I'm still looking for my agenda. This is an item that has to be -- we have to swear everyone in. So would you, if you wish to participate, please stand at this time to be sworn in. (The witnesses were sworn.) CHAIRMAN COLETTA: And we'll get the declarations from the commissioners, starting with Commissioner Henning. Page 59 December 17, 2002 COMMISSIONER HENNING: No further disclosures. CHAIRMAN COLETTA: Okay. And I have a folder here with the different communiques that I've received. Commissioner Fiala? COMMISSIONER FIALA: And no -- none further than last meeting. CHAIRMAN COLETTA: Commissioner Halas? COMMISSIONER HALAS: None further since the last time this was brought up on the agenda. CHAIRMAN COLETTA: Okay. And when Commissioner Coyle comes back in just a moment, we'll go ahead and get any disclosures from him. Would you please continue, sir. MR. BELLOWS: Good morning, Commissioners. For the record, Ray Bellows. The petition before you today is a PUD amendment to the Pelican Marsh PUD and the development order amendment. The amendment is a result of an agreement or memorandum of understanding with the county staff to have the PUD amended to increase the square footage of medical office uses from 9,000 square feet to 26,000 square feet. There are also minor other housekeeping issues associated with this; however, during that meeting, as you recall, there was some concem among some of the tenants that there was a shortage of parking. The petition was continued to allow for the developer to reach some kind of parking solution. And Michael will hand out the proposed solution by the developer. Basically they're going to add 20 additional parking spaces, and we have a master plan or site plan. CHAIRMAN COLETTA: Mr. Bellows, if I may interrupt you for a moment. Are the -- are the neighbors and the petitioner in agreement on this? Page 60 December 17, 2002 MR. BELLOWS: Some of them are. There's still a few that are not completely supportive of it. They're represented by Attorney John White, and he just handed to me today a memorandum indicating their concerns that are still outstanding, and I believe he'll be here to go into detail of what his concerns are still. CHAIRMAN COLETTA: Well, has anything else changed on this since we heard it the last time? MR. BELLOWS: Yes. There is an agreement by the developer to put on the record and into the PUD document a stipulation that will provide for 20 additional parking spaces and a commitment to work with them for -- with other solutions such as maybe designating employee parking and parking designated for each of the different buildings. But the main gist is that they will be providing the required number of parking spaces to meet code for the existing amount of square footage out there and the existing uses. That wasn't on the record last time. CHAIRMAN COLETTA: If we could, if we could-- unless my fellow commissioners think otherwise, if we could concentrate on what is different rather than rebring the whole thing up from point one all the way forward, then we could go back and ask some questions if we have them. I think that would be most valuable. COMMISSIONER HALAS: I agree. MR. BELLOWS: Their commitment is to, within 30 days of approval of the PUD amendment, the petitioner will submit a site development plan amendment to show the revised parking calculations to meet the actual square footage of the uses there and to meet the actual parking requirement of the code. So the tenant concerns of parking shortage will be alleviated, we will have required parking. And then within 90 days of the approval of the SDP amendment, the developer will be required to actually put in the Page 61 December 17, 2002 parking spaces. So we have a time certain time for the developer to provide the additional parking. That wasn't part of any record last time. That was negotiated during this last few weeks off. The petitioner's also agreeing to limit the square footage of medical office within this particular Galleria project at 13,000 -- or 12,300 square feet. That's a little bit less than was originally anticipated, because one of their tenants that -- or perspective tenants would not-- has not decided to pursue that option. That's, I believe, the gist of the changes. It's outlined in the memorandum of understanding that was developed between staff and the applicant to restrict the uses until such time as the parking has been corrected, and the staff believes this will be the best procedure to correct those deficiencies. CHAIRMAN COLETTA: Shall we go on to the speakers and then -- COMMISSIONER HALAS: Yes. CHAIRMAN COLETTA: -- have our deliberations then? COMMISSIONER HALAS: Yes. MS. FILSON: Mr. Chairman, you have one speaker, Mr. John White. You're not Mr. White. MR. MULHERE: No, but I am representing the applicant. I hope I do have the opportunity to speak. CHAIRMAN COLETTA: You look-- you look like someone else I know. MR. MULHERE: Mr. Mudd. CHAIRMAN COLETTA: That's right. The high forehead. The high forehead and the glare off it, that's it. MR. MULHERE: For the record, my name is Bob Mulhere, I'm with RWA, Incorporated, representing both J.E. -- J.E.D. of Southwest Florida as well as Colony Corporate Center, Incorporated. As Ray indicated, at the last meeting the board continued this Page 62 December 17, 2002 item to provide us with an opportunity to answer some unanswered questions and to also work with property owners within the Galleria at Vanderbilt project relative to the parking issues, parking shortages. And I wish that I could report to you, Commissioner Coletta, because I know how much it pleased the board to be able to come back here and say that everything has been resolved, and we believe we have taken very large strides towards resolving the issues, and we have certainly satisfied the staffs concerns; however, I do not think we will be able to satisfy everyone's concerns within that project short of removing a building, which is not a viable option for us. We have hired a civil engineer who has done the calculations for the parking, including the medical and general office. And I do want to just go over what we are proposing to do to resolve this issue. First of all, we have already agreed and will continue to agree not to occupy some 7,000 square feet in this building right here until we have submitted and constructed the additional parking. This plan provides 20 additional parking spaces. The 12,600 square feet of medical offices will require 61 spaces. The balance of the project-- the project is about 70,000 square feet -- some 57,700 square feet, when calculated at office requirements of one per 300 will require 192 parking spaces. Now, not all of the square footage in here is office. Some of it is showroom, which has a lesser parking calculation; however, we did calculate it on the higher office calculation to continue to have flexibility for the owners as, perhaps, new tenants come in, these types of things. Anyway, the total parking required would be 253 spaces. At present, this plan shows 255 spaces. So we've agreed that within 30 days of approval of the PUD amendment, we would submit an SDP amendment, and at that time issues such as whether or not it meet -- continues to meet the landscape buffer, whether or not the water management has to be re-engineered or it's sufficient to handle the Page 63 December 17, 2002 additional impervious area, all of those issues are a function of the SDP. We will go through that process. We will continue to not occupy 7,000 square feet until the staff has had the time to review and approve the SDP amendment to add these spaces. At such time, when the staff approves it, within 90 days we will commence construction of these parking spaces. And we've done a couple of other things. Over the last three weeks we have surveyed parking counts at various times during the day. Seventy percent of this project is occupied. At no time were more than 50 percent parking spaces utilized. We believe there is sufficient parking there. We're going to add the 20 spaces to bring us up to code. The problems that also need to be addressed are really not an issue for the staff or for the board because folks that have units in the various buildings, when people come in and park, there's really no designated parking. It's parking for the entire project. And, perhaps, maybe all of these spaces in front of this building are occupied. So someone has to park over here and, perhaps, walk to that building. The association is currently exploring options to remedy that, such as reserved patient parking, designated employee parking, and a number of everything options. That really is the function for the association, and they are working on resolving those issues. I guess in conclusion, I would tell you that we have contacted all of the owners and asked for their support, but we have not received responses from all of the owners yet, however, we believe that the majority of unit owners will support this remedy. There are some that do not support it, and you'll hear from them or their attorney. But I really think that summarizes. Again, we have staff support. Once we have the approval, we'll go in and construct the additional parking spaces. If there is any problem during that review as to the number, again, we have great incentive to resolve those issues with 7,000 square feet being Page 64 December 17, 2002 unoccupied for the last year or actually longer than that, and continue to be unoccupied until we can resolve those issues. We believe that this plan does do that. I know there are some concerns about whether or not the landscaping will be reduced. We will still meet and exceed all of the landscaping requirements of the code. We can't get approval without doing that. We'll meet the water management's requirements. We'll meet all of the requirements of the code, and that really is the next step in the process as it was outlined in the memorandum of understanding. So I appreciate -- and I apologize that we have to come here and tell you that we don't have complete endorsement, but perhaps it's impossible to make everybody happy in every situation. CHAIRMAN COLETTA: Mr. -- Commissioner Henning, then Commissioner Halas. COMMISSIONER HENNING: Mr. Mulhere, what is the occupied medical office use or the medical portion of the -- MR. MULHERE: Twelve thousand, six hundred square feet. COMMISSIONER HENNING: And that's today? MR. MULHERE: Correct. And it will never be more than that. We will put into the PUD a stipulation that it will never be more than that in this location. COMMISSIONER HENNING: Okay. MR. MUDD: Is it twelve-six, or is it twelve-three? MR. MULHERE: I'm sorry, 12,300. Thank you. I apologize, 12,300. CHAIRMAN COLETTA: Commissioner Halas? COMMISSIONER HALAS: On this diagram, of the parking spaces that are shown here, how many of these parking spaces are actually not able -- you're not able to use, because if a person uses one of those parking spots, then if somebody else tries to use the other parking spot, it interferes, especially in the comer areas of this Page 65 December 17, 2002 -- of the diagram? MR. MULHERE: Commissioner Halas, with all due respect this parking has been designed by a civil engineer to meet the code. All of these parking spaces -- I mean, it has to still be reviewed officially by the staff, but we did hire a civil engineer to design this. I didn't design it. There was a civil engineer-- COMMISSIONER HALAS: I'm just asking you that questions, how many of these -- MR. MULHERE: Zero, none of them. They're all designed to meet code. COMMISSIONER HALAS: Thank you. MR. MULHERE: I'm glad you raised that point, because at the last meeting you asked a question about the compact parking. COMMISSIONER HALAS: That's correct. MR. MULHERE: In this plan, it does show 16 compact parking spaces, which represents about six percent of the total, which at the time was well within the code, the limitations. It's not that there's a great deal of compact parking out there. COMMISSIONER HALAS: Well, the problem is that we need regular parking because we've got less compact cars today than we do SUVs. MR. MULHERE: Yep, yes. And all of the new spaces will be regular -- regular parking sizes. CHAIRMAN COLETTA: Any other questions? Commissioner Coyle? COMMISSIONER COYLE: Do we have a diagram, a before and after diagram of this that we can determine what was changed? MR. MULHERE: I can show you. COMMISSIONER COYLE: Okay. MR. MULHERE: It's probably a little bit hard to see here because there are red lines, but these will be additional spaces, of which there are four. There are additional spaces here, again, four. Page 66 December 17, 2002 Here, again four. Two here. I'm trying to find the other ones on here. Oh, one here, one here, one here and one here, one here and one here. The total additional spaces are 20 plus or minus. And by our calculations, under the worst-case scenario, including the 7,000 square feet, and actually calculating the entire balance on office, even though we have some showroom, which has a lesser parking requirement, you know, 18 spaces will cover it. So we've got two, three or four spaces extra in there that, you know, if during the SDP review we need to eliminate a couple as a result of the water management review or as a result of Commission Halas' comment or as a result of them maybe being too close to the landscape buffer. But, again, the civil engineer that designed this was told to look at those issues, and I believe that we do meet the landscape requirements. COMMISSIONER HALAS: Okay. Let's take a look at the upper left-hand comer of this pictorial that you've got here for the additional spaces with the red-- MR. MULHERE: Yeah, let me -- let me see if I can enlarge that a little bit. COMMISSIONER HALAS: Yeah, right up here in that -- yeah, there you go. Now, when that -- either one of these people, when they try to exit out of that parking spot and back up to make -- and they're going to -- in one case they're going to make a right-hand turn, the other case they're going to make a left-hand -- the rear of the car is going to be going in the left direction, are they going to have enough room in there to maneuver and -- so that they can move out of that parking spot, or are they going to have to back out to the left -- let's say we take the example here of the upper one in the upper right-hand comer -- or upper left-hand comer of this diagram, does that person have to back all the way out, or can he make a swing Page 67 December 17, 2002 around on this little indentation? MR. MULHERE: That's a good question. Actually, that's what that little stub-out is for. It's to allow a person to be able to back out and take-- COMMISSIONER HALAS: And how big is this stub-out going to be? MR. MULHERE: Well, I don't know. I can't really scale that on this reproduction, and I didn't design it. It's exactly the same as the stub-out that was already there, except now there's one more parking space added. But the staff will review that as part of their -- COMMISSIONER HALAS: Okay. MR. MULHERE: -- approval process. COMMISSIONER HALAS: All right. CHAIRMAN COLETTA: Okay. Is there any public speakers? MS. FILSON: Yes, sir. Mr. John White is still registered. CHAIRMAN COLETTA: Mr. White? MR. WHITE: I'm right here. CHAIRMAN COLETTA: Please state your name for the record, sir. MR. WHITE: Good morning, commission members. My name is John White and I'm an attorney with Parrish, White, Lawhon & Adler. I'm a registered lobbyist. CHAIRMAN COLETTA: I remember you. MR. WHITE: Right. And we are here in opposition to the passage of this amendment at this time. We obviously recognize the need to increase the amount of medical space from essentially zero, where it is today, up to what the current existing medical space is at this time; however, we're just not comfortable with what the developer is proposing at this time to resolve the parking issues. What you have before you here is something that was presented to the -- to the building owners last week, and we've had absolutely no time to evaluate this. And the developer is planning on submitting Page 68 December 17, 2002 this as an insubstantial amendment to their site plan which, under the terms of their -- under the code and under the terms of the condominium declaration, the owners may not be able to either argue or change anything around. And at this time, we just need some assistance from the commission to help us negotiate something that we might not otherwise be able to negotiate. At this time, the -- we're dealing with a total of eight buildings that are in the project. The developer owns one building, and there are six other building owners, six of them, that are opposed to passing this amendment at this time because of the ability of the developer to cram down this amended plan for their parking. This is a very upscale project. And the owners didn't buy into this project at the square foot prices based on minimum landscaping, minimum parking, and they really -- it's a gorgeous project there. And I think the owners have an entitlement to have something that they expected when they purchased the project, which is something above their basic minimum standards that can be crammed down their throats in the process of what the -- what can be done. And at this time, the developer has created his own set of problems. He is the one that ignored his approved site plan. He sold a significant amount of medical space in a project that was not zoned or site planned to accommodate medical parking. And so I think at this time it's incumbent upon the developer to sit and work this out realistically with the building owners, and he just hasn't done that. And all we're asking for is the commission to delay this pending the ability of the owners to sit down and work this out with the developer. CHAIRMAN COLETTA: So you're saying six of the seven buildings, the owners of those buildings are in opposition to this? MR. WHITE: There are eight buildings, and six of the eight Page 69 December 17, 2002 buildings are adamantly opposed to passing it at this time. CHAIRMAN COLETTA: Okay. Commissioner Henning? COMMISSIONER HENNING: Mr. White, would you stand over to this podium, please. Mr. Mulhere, can you come up to the podium. MR. MULHERE: Yes. COMMISSIONER HENNING: What is the level of landscaping that's there today? Is it -- MR. MULHERE: It's far in excess of what the code requires. COMMISSIONER HENNING: Okay. MR. MULHERE: And it will still be far in excess of what the code requires. COMMISSIONER HENNING: Do you want to put that in an amendment? MR. MULHERE: You know, the thing is, I think at this point we're designing the actual plan. I mean, we're being -- in a sense we're trying to resolve this issue. We're coming forward with a very legitimate resolution. Did you want to -- MR. BELLOWS: I was just going to -- for the record, the amendment is just allowing them to proceed to the site development plan stage where we can address all the concerns. They are going to be required to meet or exceed code requirements for landscaping and parking. So the tenants are assured that they're not going to get less than what the code requires. The amendment doesn't address anything other than allows them to proceed onward. They can't proceed onward and then rectify the parking problem until this is done. Staff is satisfied that they are meeting code. COMMISSIONER HENNING: Right. Mr. White has stated that the existing landscape is what the Page 70 December 17, 2002 people bought into. MR. WHITE: Correct. COMMISSIONER HENNING: And Mr. Mulhere has stated that it's above the minimum standards. MR. MULHERE: It is. COMMISSIONER HENNING: We allow staff to approve the SDP without certain language within the stipulations such as increased landscaping -- because that's what the owners bought into. MR. WHITE: Absolutely. There are -- in fact, when you enter this project, there are some beautiful landscaped areas, there are some fountains, there's some -- there's some accouterments that really create an ambiance in that community that these owners paid a premium dollar for. I mean, very substantial premium dollars. And this developer is now planning on creating an encroachment into those amenities at their expense so that the developer can continue selling and maximize his profits. That's just not fair to the owners. COMMISSIONER HENNING: Correct. MR. WHITE: Just not fair. COMMISSIONER HENNING: And on the visualizer today we're talking about taking out some of this landscaping to create more parking. MR. MULHERE: Actually-- yes. COMMISSIONER HENNING: Okay. MR. MULHERE: In this area here, yes, we are, Commissioner Henning. And we are -- we are at a level that is probably two to three times what the code requires in terms of vegetation, landscape vegetation. We will still exceed the code when we're done. We don't object to enhancing the plantings in those areas where we're encroaching into the existing landscape buffer which exceeds the code. We don't object to that. But we are probably two to three times what's required by code out there in terms of landscaping Page 71 December 17, 2002 already. COMMISSIONER HENNING: And the only point that I'm trying to make is, that's what everybody brought into -- MR. MULHERE: I understand. COMMISSIONER HENNING: -- bought into this project, is that increased landscaping. MR. MULHERE: And I would dispute the fact that six of the unit owners object to the plan. We have sent out a letter asking for concurrence from the unit owners. We have concurrence from some of them. Some of them are not around right now. I don't know that six of the unit owners object to the plan. Perhaps I should reword that, because I think Attorney White said they objected to the passage of this at this time. The fact is, we need to get the PUD amendment so we can submit the plan. We'll submit the plan to the staff. We will exceed the landscaping after, because we're two to three times the vegetation requirements currently on site. But in order to maximize the parking, we've got to -- there is no opportunity. We explored the opportunity to purchase some land over here. That's conservation in the PUD, so we can't buy that land. You know, where we encoach over here, there's a conservation area over here. There's a vast area of open space behind that. COMMISSIONER HENNING: Mr. Mulhere, one building is not built, correct? MR. MULHERE: It's -- they're all -- they're all built. One is -- 7,000 square feet is unoccupied, and that condition remains in place. COMMISSIONER HENNING: I see. MR. MULHERE: I mean, there's a great incentive for us to resolve these issues, obviously. COMMISSIONER HALAS: When do you plan to fill this other 7,000 square feet, and is that going to be medical also? MR. MULHERE: No. We're agreeing to -- there's two things. Page 72 December 17, 2002 We're agreeing to a limitation to the existing square footage of medical in this location. No more. That will be in the PUD. We intend to construct -- Commissioner Halas, we intend to construct the parking within 90 days of the approval of the amendment. And although we wrote the language to say an insubstantial change, the staff has informed us that that has to be a full-blown amendment. We understand that. The PUD will reflect that we will amend the SDP to add the additional parking. And until that parking is designed, submitted, reviewed, approved and constructed, we cannot occupy that 7,000 square feet, to meet all code requirements. COMMISSIONER HALAS: But you -- but you plan eventually to use that 7,000 square feet? MR. MULHERE: Well, of course. We'll meet the code for it. COMMISSIONER HALAS: And you're going -- and then what about the parking for that 7,000 square feet? MR. MULHERE: That's included in this calculation. There is suf-- that is included in the total 70,000 square feet. COMMISSIONER HALAS: Okay. MS. FILSON: Mr. Chairman, I have one additional speaker. CHAIRMAN COLETTA: Okay. Why don't we go to the speakers. MR. WHITE: Could I make one additional comment? CHAIRMAN COLETTA: Briefly, Mr. White. Then we'll address questions to you in the future. MR. WHITE: Okay. The attachment that I handed out to you includes the documents on the developer's letterhead from all six of the unit owners saying that they are opposed to the passing of that amendment -- of the amendment at this time. And we'd just like to emphasize that the -- that the developer -- all we're asking for is to have the ability to sit down with that developer and work out issues with him, to which he has not done at Page 73 December 17, 2002 this time. Thank you very much. CHAIRMAN COLETTA: Before we go to the first speaker, we're going to -- Commissioner Coyle. COMMISSIONER COYLE: I have a question for Mr. White. Can you tell me what it is the other owners want? MR. WHITE: Well, we want something that's going to preserve the integrity of the ambiance of that community. COMMISSIONER COYLE: What does that mean? MR. WHITE: Well, we don't know yet, because we've had a very basic site plan, which you see here, which includes taking out some landscaped areas that -- in different locations, that the -- all the developer has done is create a very cost-effective solution that benefits his bottom line at the expense of the owners that have paid premium dollars to be where they are today. All we want to do is -- we're probably going to have to hire an engineer, we're probably going to have to hire a land planner or site planner to come in to negotiate or work with that developer to get something that is -- that works. But unfortunately, under the terms of the declaration as it's drafted and under the terms of how an unsubstantial amendment to the PUD proce -- or the site planning process takes place, if the developer doesn't like what we're doing, he can simply tell us to walk out the back door, and we may have no leverage whatsoever short of filing a lawsuit. And this is a problem that the county staff has helped create to begin with. If you look at the record, it's the past deficiencies of the county monitoring the occupation process as this project is built out that has put us in the problem we are today. And unless the owners have some economical way of resolving this problem, then unfortunately you -- what the county staff and what the county is doing is putting the burden back on the owners to best assure as they can, through litigation or otherwise, to preserve Page 74 December 17, 2002 the premium they paid on the architectural and landscaping ambiance of the project. COMMISSIONER COYLE: Okay. Let me see if I can't break this down into segments. If the developer provides the required number of parking spaces and maintains the level of landscaping that exists at the current time, what would be the objection to that? What harm would accrue to your clients? MR. WHITE: I think it's going to be difficult to achieve that and -- but what I'm saying is, that we won't know until we have our representative, site planners and professionals, work with the developer who has hired professionals to work that out. And if the developer knows that he has to come back to the commission at some later date, then we have a much better chance of achieving something that's fair and equitable, rather than if it's approved today, then the developer can tell all the six people that own buildings in there now to take a hike and pay absolutely no attention and still cram something down that may not be in the owners' best interest. MR. SCHMITT: Commissioners, for the record, Joe Schmitt, community development and environmental services administrator. I would only caution that we're moving this commission into the direction of actually trying to do the site development plan review as we go through this process. I think you need to be able to depend on staff to do this. What we're trying to do here -- this is -- the petitioner has requested to amend both the PUD and the DRI. Before he can do anything, he still has to come in and staff this through both community development and transportation to ensure that all the stipulations that -- have been met, all the codes that -- have been met before he can proceed to do the work this project. What's before you today is just a proposal for the amendment. Page 75 December 17, 2002 And I do understand and appreciate the concerns that the community has in regards to the landscaping and the parking, but Attorney White has you moving in another direction. And if we want to go there, that's your prerogative, but I think what we really need to do, depend on staff to do what it -- what you pay us to do, and that is to review this SDP to ensure that it complies with the requirements in the land development code, and we will do that. We can certainly come back and report to you on that, but the petitioner really can proceed today without the amendment. But what they're doing here is basically amending the PUD so that they can, of course, increase the office space, the medical office space, and we'll ensure that the proper parking is there to meet that requirement. COMMISSIONER COYLE: But I need for you to clarify something for me. You're saying the petitioners can proceed today without our approval. Is that true? MR. MULHERE: I can answer that. We could proceed-- we control the common areas and we control the parking and landscaping areas, so we could proceed tomorrow with an SDP amendment to add parking to this site. That will not resolve the medical office issue which is what the PUD is all about. But we don't need -- we're trying to work with these folks to get this to where everyone can live with it. But we can submit an SDP tomorrow. If it meets the code, I assume it would be approved. The amendment has to do with increasing the medical office to make this site compliant with the PUD and to allow for some additional medical office in the other area of the PUD that has no parking problems. COMMISSIONER COYLE: Well, ifI understand Mr. White's argument correctly -- and you can correct me if I'm wrong -- what he's saying is that his clients bought under certain conditions that are in danger of being changed now and they're being changed primarily Page 76 December 17, 2002 because the owner of the PUD, the developer, violated the law and exceeded the amount of medical space that was leased, and that Mr. White's clients do not want to be penalized because the developer violated the law with respect to uses on the property. And I think that's the issue that we're dealing with. Is that what you're saying? MR. WHITE: That is essentially correct. MR. MULHERE: And I understand that, Commissioner. But, you know, those same clients will want the flexibility of having a conforming use in the future that they can sell or re-lease or rent to other folks. And this parking is necessary, and this PUD is necessary to bring that into compliance. I understand-- we understand. We leased 3,000 -- some 3,000 square feet of additional medical space that was not permitted within the PUD, and frankly, it was the staff that immediately, upon realizing that through the review process, brought it to our attention, and everything stopped. And today we meet the code. We have more than enough parking, because we can't occupy 7,000 square feet, and we will continue to not be able to occupy that until we can resolve these issues. You know, frankly, we don't need -- and I don't mean this disrespectfully. I mean this just informationally. We don't need the approval, although we have tried to resolve these issues. Are we agreeable to adding additional landscaping? Sure. We'll do whatever it takes to try to make the owners happy, short of unreasonable requests. CHAIRMAN COLETTA: We're starting to repeat ourselves. MR. MULHERE: I'm sorry. CHAIRMAN COLETTA: I'm hearing the same message over and over again. What I'm going to do now is go to Commissioner Halas, and then what we'll do is hear the speaker, the one speaker that we have, Page 77 December 17, 2002 and then we're going to have deliberations and go from there. Commissioner Halas. COMMISSIONER HALAS: I'd just like to see the petitioner and the occupants of these buildings work together and come out with some kind of a plan that everybody can buy into. I think this is the best way on approaching this whole matter. CHAIRMAN COLETTA: Please call up the speaker, please. MS. FILSON: Mr. Joseph Jamoos (sic). MR. WEIGEL: We would ask the speaker be sworn in. He may not have been sworn in. MR. D'JAMOOS: I did swear. I did swear. MR. WEIGEL: Thank you. CHAIRMAN COLETTA: Please state your name for the record. MR. D'JAMOOS: developer. My name is Joseph D'Jamoos. I'm the I've worked painlessly to work with a certain group of people. One of the things that the commissioners are not aware of, there's a civil suit pending, and this is what it's all about. We know and we've paid a lot of money with the engineers, with the architects, to evaluate. And this is possibly the only way we can survive the parking -- the additional parking that we need. I am at a loss of the 7,000 square feet. That costs me $145,000 a year. That's a hardship for the developer. That's a hardship for the building. We cannot be able to go on this way, especially when we're having such disagreements for no reason. The civil lawsuit has nothing to do with this. And there's one individual that has only 13,000 square feet that's creating this problem. He has two or three followers who only own 3,000 square feet apiece. I own 42,000 square feet. And I bent over backwards. It's cost me a lot of money and still Page 78 December 17, 2002 is. And all I'm asking for is, just approve the medical for my other part of the Colony Corporate Center which we have sufficient parking. On the other side where the confrontation is, we're only trying to meet the code. I'm not asking for the parking to be approved today. All I'm asking for is, approve the medical so I can go forward on my other development. That's all I'm asking for. CHAIRMAN COLETTA: Thank you, sir. I'll close the public portion of this meeting and entertain a motion from the floor. Commissioner Henning? COMMISSIONER HENNING: Commissioners, what I heard was they don't want to -- the opponents of this measure don't want to COMMISSIONER HALAS: Be left out. COMMISSIONER HENNING: -- have just the minimum. They want what they have today. So if we can include in the stipulations to meet or exceed the existing landscaping and accessory structures, such as architectural embellishments on the site as far as the stipulations, that probably will meet everybody's concerns. MR. MULHERE: We can agree to that. We would do that anyway. CHAIRMAN COLETTA: So you're making that in the form of a motion, Commissioner Henning? COMMISSIONER COYLE: Yep, and I second. COMMISSIONER HENNING: Right, with those stipulations. CHAIRMAN COLETTA: We have a motion from Commissioner Henning, a second from Commissioner Coyle. Any other discussion? (No response.) CHAIRMAN COLETTA: All those in favor, indicate by saying aye. Page 79 December 17, 2002 COMMISSIONER HALAS: Aye.. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: The ayes have it, 5-0. Thank you very much. Move right on to the next item. We're going to break for lunch at 12 o'clock. MR. MUDD: Commissioner, can you -- you've got to vote (C) and (D), okay, and you did-- CHAIRMAN COLETTA: Okay. MR. MUDD: -- you just did (C), which was the DRI. We need another motion for the PUD, sir. CHAIRMAN COLETTA: Okay. Commissioner Henning? COMMISSIONER HENNING: Well, we're going to have to ask for public speakers. CHAIRMAN COLETTA: We have none. COMMISSIONER HENNING: Okay. CHAIRMAN COLETTA: So I close the public portion of this meeting. COMMISSIONER HENNING: Motion to approve. COMMISSIONER COYLE: Second. CHAIRMAN COLETTA: So we have a motion to approve from Commissioner Henning, and a second from Commissioner Coyle. Any discussion? COMMISSIONER HALAS: I can't approve this PUD unless we consider the -- as long as the developer works with the people in regards to the parking issue and all the other embellishments on this portion of the PUD that we're going to vote on. CHAIRMAN COLETTA: Do you agree to include that also? Page 80 December 17, 2002 MR. MULHERE: Yes, sir. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENN1NG: Yes. CHAIRMAN COLETTA: And Commissioner Coyle, with your second? COMMISSIONER COYLE: Sure, that's not a problem. CHAIRMAN COLETTA: Okay. Any other discussion? (No response.) CHAIRMAN COLETTA: All those in favor, indicate by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Thank you. Item #81 EMERGENCY DECLARED. ORDINANCE 2002-72 AMENDING ORDINANCE 72-1 WHICH CREATED THE COLLIER COUNTY LIGHTING DISTRICT BY ADDING NAPLES PRODUCTION PARK STRF, F,T IJIGHTING DISTRICT- ADOPTF, D MR. MUDD: Commissioner, that brings us to item 8(I), which is a -- which is 17(C), and it has to do with the Collier County -- Collier County lighting district. MR. KANT: Edward Kant, transportation operations director. Commissioner -- MR. MUDD: David? MR. WEIGEL: Thanks, Ed. I was just waving to say I'm ready. MR. KANT: Oh, okay. Page 81 December 17, 2002 MR. WEIGEL: This matter is moved from the summary agenda to the regular agenda because -- CHAIRMAN COLETTA: Do I have to swear everyone in? MR. WEIGEL: No, not this one. It's an-- it's an advertised ordinance in the normal course of things, but the advertisement did not appear in the newspaper. And so for this to be adopted today, and particularly this year before the end of the calendar year, because it relates to an MSTU ordinance, it's necessary that it be heard today, and it needs to be heard an as emergency proceeding, which is provided for under the law. So for the board to go forward with this item, it will need to actually take a preliminary vote prior to the vote on the ordinance amendments themselves, and it will be necessary for you to determine that an emergency exists and that it's in the public interest to hear this matter today. Now, as a side note, I want you to know that since it couldn't meet the 1 O-day advertisement requirement required by statute under the normal procedure, I went ahead and had it advertised, and it did appear as an emergency advertisement in yesterday's newspaper. And I'm going to submit a copy of the affidavit of publication and the advertisement itself to the reporter for the record. So it would be necessary at this point for this board to entertain a motion-- CHAIRMAN COLETTA: I'll make a motion at this point that we consider-- MR. WEIGEL: -- finding that there's an emergency -- CHAIRMAN COLETTA: Emergency. MR. WEIGEL: -- and it is appropriate to hear this and in the public interest. CHAIRMAN COLETTA: And that it's appropriate to hear it -- COMMISSIONER HALAS: And I'll second. CHAIRMAN COLETTA: -- in the public interest. And there's Page 82 December 17, 2002 a second by Commissioner Halas. Any discussion? (No response.) CHAIRMAN COLETTA: All those in favor, indicate by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: (No response.) CHAIRMAN COLETTA: Opposed? And the ayes have it, 5-0. MR. WEIGEL: That's great. Thank you very much, and the item can continue in the normal scheme of things. Mr. Kant, thank you. MR. KANT: Thank you. Commissioners, Edward Kant, transportation operations director. This is, we believe, a relatively simple amendment to the Collier County streetlighting district ordinance 72-1. We're adding the Naples Production Park. That should have been folded in after all that work had been done, and it was -- it had just gone on for a number of years, and there was no money left in it. It was never taxed for that, so that becomes part of the streetlighting district. And then the other portion of the amendment, which is the (B) part, there was a scrivener's error, a portion of a section of the existing Immokalee streetlighting district was left out, and we want to correct that mistake. We're not adding to the district. We simply want to correct the description so that those people who are paying taxes know they're in the district. COMMISSIONER HENNING: Motion to approve. COMMISSIONER FIALA: Second. Page 83 December 17, 2002 CHAIRMAN COLETTA: We have a motion to approve by Commissioner Henning, a second by Commissioner Fiala. Any discussion? (No response.) CHAIRMAN COLETTA: All those in favor, indicate by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: The ayes have it, 5-0. MR. KANT: Thank you. Item #9A SECTION SEVEN (B)OF ORDINANCE 2001-55- WAIVED. RESOLUTION 2002-508 REAPPOINTING KENT L. ORNER, SR. TO THE OCHOPEE FIRE CONTROL DISTRICT ADVISORY COMMITTEF, - ADOPTED CHAIRMAN COLETTA: The next would be 9(A), appointment to the Ochopee Fire Control District Advisory Committee. COMMISSIONER HENNING: Motion to approve. COMMISSIONER FIALA: Second. COMMISSIONER COYLE: Second. CHAIRMAN COLETTA: We have a motion to -- go ahead. MS. FILSON: Commissioner, this gentleman has served two terms, so you'll need to waive section 7(B) of the ordinance. COMMISSIONER HENNING: Motion to waive the stipulations. Page 84 December 17, 2002 CHAIRMAN COLETTA: You include that in your motion and how about your second? COMMISSIONER COYLE: And my second. CHAIRMAN COLETTA: Okay. And with that, all those in favor, indicate by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: The ayes have it, 5-0. Item #9B SECTION SEVEN (B) OF ORDINANCE 2001-55- WAIVED. RESOLUTION 2002-509 REAPPOINTING SABINA MUSCI TO THE I,IFIRARY ADVISORY BOARD- ADOPTED Appointment of member to the Library Advisory Board. MS. FILSON: And the same with this member. COMMISSIONER HENNING: Motion to approve with the waiving of the ordinance. COMMISSIONER COYLE: Second. CHAIRMAN COLETTA: We have a motion by Commissioner Henning, a second by Commissioner Coyle. Any discussion? (No response.) CHAIRMAN COLETTA: All those in favor, indicate by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Aye. Page 85 December 17, 2002 COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. Item #9C RESOLUTION 2002-510 APPOINTING BARBARA SEGURA AND NORMA LESS-DAVIS TO THE GOLDEN GATE BF. AIITIFICATION ADVISORY COMMITTFJE- ADOPTFD CHAIRMAN COLETTA: Moving right along to (C), appointment of member to the Golden Gate Beautification Advisory Committee. COMMISSIONER HENNING: Motion to approve the two applicants. COMMISSIONER HALAS: I second it. CHAIRMAN COLETTA: We have a motion by Commissioner Henning, a second by Commissioner Halas. Any discussion? (No response.) CHAIRMAN COLETTA: All those in favor, indicate by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. Item #9D STAFF TO WRITE A LETTER ASKING THE COLLIER COUNTY AIRPORT AUTHORITY TO DELAY ACTION AND BRING THIS ITEM BACK TO THE BCC ON 1/14/2003 Page 86 December 17, 2002 REGARDING THE SELECTION OF A MEMBER FOR THE SELECTION COMMITTEE TO PARTICIPATE IN THE SALARY PROCESS FOR THE AIRPORT AUTHORITY'S EXECUTIVE DIRECTOR'S POSITION. CHAIRMAN COLETTA: Okay. Moving on to the add-on, (D), discussion of Airport Authority to include commissioners on the selection committee. Is that correct, Mr. Mudd? MR. MUDD: Yes, sir, and I have the letter from Mr. Monte Lazarus, the chairman of the Airport Authority on the visualizer at this time. He's basically asking for a representative from the Board of County Commissioners to be on the selection committee and to -- and to assist in setting the salary of the new director. CHAIRMAN COLETTA: My only question on this was, is that we are going to be having, what, a workshop or it's coming back to us as an item? MR. MUDD: Commissioner, on the 14th of January, I plan to come to the board and basically go over the Airport Authority ordinance with you and get your directions on what items that you want me to change. CHAIRMAN COLETTA: And basically this would be inappropriate at this time, is that correct? How do you agree (sic)? MR. MUDD: Commissioner, under the ordinance right now, the authority has the wherewithal to select the Airport Authority director without your consent and to also set the salary of the airport director without the consent of the Board of County Commissioners. CHAIRMAN COLETTA: It would be my recommendation to this commission that we write a letter, that you direct the chair to write a letter back to the chairman, Monte Lazarus, asking him to delay any action at this point in time till we can bring it up for consideration at the -- that meeting in January. Page 87 December 17, 2002 MR. MUDD: The 14th, sir. CHAIRMAN COLETTA: January 14th. I'll make a motion to that effect. COMMISSIONER HALAS: I'll second that. CHAIRMAN COLETTA: We have a motion by Commissioner Coletta, a second by Commissioner Halas. Any discussion? (No response.) CHAIRMAN COLETTA: All those in favor, indicate by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Thank you. Item #1 OB RESOLUTION 2002-511 AUTHORIZING CONDEMNATION OF RIGHT-OF-WAY AND/OR EASEMENTS REQUIRED FOR THE CONSTRUCTION OF A FOUR-LANE SECTION OF IMMOKALEE ROAD BETWEEN WILSON BOULEVARD AND CR 951/COI.IJIER I~OIII~F. VARD- ADOPTED Moving along. MR. MUDD: That brings us to item 10(B), which is to adopt a resolution authorizing condemnation of right-of-way and/or easement required for the construction of a four-lane section of Immokalee Road between Wilson Boulevard and County Road 951, also known as Collier Boulevard, and the estimated fiscal impact is $5.4 million. MR. STRAKALUSE: Good morning, Commissioners. My Page 88 December 17, 2002 name is Gregg Strakaluse, director of trans -- COMMISSIONER HENNING: Motion to approve. COMMISSIONER COYLE: Second. CHAIRMAN COLETTA: Wait, hold it. We have a speaker on this one here, but we can -- we'll take the motion and the second. MR. MUDD: And there's some prerequisites that he has to put on the record, sir, as far as condemnation. CHAIRMAN COLETTA: Still, let me go ahead and announce the motion made by Commissioner Henning for approval, second by Commissioner Coyle. Would you please continue. MR. STRAKALUSE: Yes, thank you. My name is Gregg Strakaluse, director of engineering construction management department. Item 10(B) is a condemnation resolution to acquire property needed to expand Immokalee Road between Collier Boulevard and Wilson Boulevard. Immokalee Road is currently a two-lane road, and it's planned to be four lanes over the next two and a half years. Your board previously approved a resolution on June 25th, however, our designers have been able to further minimize impacts to property owners, especially where storm water basins are located. This effort truly represents due diligence on behalf of the county. The four-laning of Immokalee Road is capital improvement element number 71 of the transportation element of the county's Growth Management Plan. It's also included in the county's long-range plans. The need for this roadway expansion project is clearly evident as a result of the county's tremendous growth. The existing two-lane facility is currently at a level of service F, which means that the demands of motorists exceeds the allowable capacity of the road, resulting in congestion and increased risk of accidents. The improved section of Immokalee Road between Collier Page 89 December 17, 2002 Boulevard and Wilson requires a minimum width of 138 feet to a maximum width of 189 feet. The county currently maintains a 100 foot right-of-way for the existing road. The road cross section includes four travel lanes of which the outside lanes are 14 feet to accommodate bicyclists, a 50-foot median for turn bays (sic), and two future additional travel lanes. This four-lane facility is being built with the future six lane in mind. The project also includes a new force main and new water main. The proposed roadway expansion requires the acquisition of additional properties to the south because an existing canal borders the road to the north. The acquisition of right-of-way on the south side of Immokalee Road is the desired alignment also because property on the south side is largely undeveloped land and zoned agriculture. Where there are businesses or where there -- where property is developed, the designers have attempted to minimize impacts to these properties. While staff will continue to negotiate settlements without resorting to the county's power of eminent domain, condemnation of every parcel could approach five and a half million, which could include the cost of the property, the property owners' attorney's fees, expert witness fees and other costs associated by state statute. Besides alternative routes, staff considered safety factors, environmental factors, aesthetics, constructibility and cost. The third consideration was given particularly to the location of storm water basins. Based on the material in my presentation, I'd ask that your board approve the recommendations as outlined in the executive summary. COMMISSIONER HENNING: Thank you. CHAIRMAN COLETTA: Commissioner Coyle's got a question. Page 90 December 17, 2002 COMMISSIONER COYLE: Gregg, you indicated that the ultimate capability of the road would be six lanes. We're acquiring that much right-of-way. MR. STRAKALUSE: That's correct. COMMISSIONER COYLE: In evaluating the design process itself, is it -- is it important at this point in time to start giving any consideration to high-speed limited access lanes that are going directly from one destination to another, like from Immokalee to either 951 or to 1-75 and consequently not have local exits and then have other lanes that would service the local communities? MR. STRAKALUSE: That's a very interesting design aspect to consider in this particular road project. Limited access is something we're considering on all the major arterial roadway systems. It's very critical if you want to maintain -- get optimum capacity on these roadways. COMMISSIONER COYLE: But we can do it by dividing a -- designating one lane as local service and another lane as the through lane and not providing exits from that lane. That is a common process. I don't think it works well with a four-lane road. But if you go to six lanes, will we have the capability to do that? MR. STRAKALUSE: I think we could consider it during the design process. If what you're speaking of is similar to a car pool lane in-- COMMISSIONER Coyle: No, it's actually more than that. It's a lane where there is no exit except at the two points that you've chosen for the destination or the origination point. MR. STRAKALUSE: Such as a frontage road? COMMISSIONER COYLE: It's an express lane, exactly. And so if you have a six-lane road, you can have two lanes that will service all of the locals, and have a barrier or a curb or whatever in the middle separating that from the third lane, which is a dedicated high-speed access or high-speed lane. Page 91 December 17, 2002 CHAIRMAN COLETTA: Forgive me, Commissioner Coyle. I'm going to interrupt for just a moment. COMMISSIONER COYLE: Okay. CHAIRMAN COLETTA: We need to stay on track with what we're trying to do as far as this particular agenda item. We cafft redesign a road in this particular time, but why don't we have Mr. Feder comment on it. Maybe he can give you some comfort. COMMISSIONER COYLE: Wait a minute. All -- we're talking about right-of-way. My only question was, will the right-of-way accommodate that concept? MR. FEDER: For the record, Norman Feder, transportation administrator. I think it's an interesting concept, Commissioner. And in answer to your question, no, the six-laning that we're proposing would not provide the ability to separate out two of the lanes, let's say, as exclusive lanes; however, I think with the volumes that we're looking at and are projected out there, what might well be an issue that we should be directed is much like Livingston Road and 951 where you have designated them to be controlled access; therefore, more requirements for wider spacing of median openings and access to the facility. I think that probably is well warranted, because as you point out, this is going to become a major connection between areas of the county. But right now, that could be accommodated within the six-lane that we're talking about and it would be a controlled median openings and access to the facility. Separated lanes, no, they're not included and probably the demand that we're looking at in the future, it would be difficult to warrant the amount of additional right-of-way necessary to address that at this time. COMMISSIONER COYLE: Okay. Thank you. CHAIRMAN COLETTA: Commissioner Halas? COMMISSIONER HALAS: I think what we're looking at here Page 92 December 17, 2002 is the right-of-way, and also we're looking at the possibility of condemnation of lands, is that correct, for water retention ponds? MR. STRAKALUSE: That's correct. COMMISSIONER HALAS: My question here is, what -- what provisions are we as the county going to make so that we don't get taken to the cleaners when it comes to this point in time for obtaining this land for these retention ponds for runoff so that we don't contaminate the water going into the canals? MR. STRAKALUSE: Well, the fact that we are here today with the condemnation resolution with new legal descriptions that lessen the impact to properties along the corridor is a step in that direction. The water quality is a very important aspect of this project. And this road project has been designed for what -- to address water quality and quantity. COMMISSIONER HALAS: I guess where I'm going at is that, when we have to go through the condemnation procedure, can we put forth some resolutions or whatever whereby instead of-- instead of getting just one estimate up from a property appraiser, that we have three estimates so that we have some validity to what we're going to acquire and at what price, and if somebody tries to, let's say, hold the county up, that we have some ammunition to go forth? MR. STRAKALUSE: The appraisals we received are from licensed land appraisers. We do put it through a review process. These appraisals are more expensive than your average appraisal for re-selling a home. They're in preparation for condemnation, which makes them more expensive. The review process internally, the county staff puts these through at this point in time, is we take a look at these appraisals as they come in the door and compare them along the corridor to make sure that there is consistency and we're able to provide the county attorney's office with the best defense possible going towards condemnation. Page 93 December 17, 2002 MR. FEDER: If I could add to that again, Commissioner. Exactly what you're pointing out is a concern to us. That's one of the reasons we've come back to you with this. We've done some level of, if you will, value engineering on the project to evaluate what we could do to make sure we minimize both the impact to the community and also to the community at large, the taxpayers that pay for this right-of-way acquisition. COMMISSIONER HALAS: That's correct. CHAIRMAN COLETTA: If we could, I'd like to go to the speakers, and then we'll come back to some deliberation and a motion. MS. FILSON: We have two speakers. CHAIRMAN COLETTA: Oh, we have a motion. MS. FILSON: Mr. Chairman, John Lukacs, and he will be followed by Mary Wagner. MR. LUKACS: For the record, my name's John Lukacs. I'm an attorney. I am registered as well, and I have the privilege of representing Mary Lou Wagner, the owner of an 18.69 parcel of land located at the southwest comer of Woodcrest Drive and Immokalee Road. Ms. Wagner's property has been identified as one of the properties that's going to be impacted, not only by the taking for the travel lanes, Commissioner, but also Commissioner Halas, is going to be impacted by the taking for -- excuse me -- one of the proposed ponds. In making a determination as to the public purpose and necessity for a project such as this, the governing body looks at many factors. Those factors have been summarized in the executive summary that has been provided to you. One of the factors is cost, Commissioner Halas, and one that you just brought up. And that's a very important point here. The original plans, as I read the executive summary, Page 94 December 17, 2002 contemplated a taking of Ms. Wagner's property for a pond that would have approximated six acres. That pond would have been located across the entirety of the frontage of Ms. Wagner's property, eliminating exposure to the roadway, eliminating access or impairing access substantially, and also is recognized by one of the appraisers that was retained by the county, would have resulted in an impairment because of aesthetics. The new plan proposes a pond which would be approximately, 5.29 acres. That pond is now lateral in that it's going to be, instead of across the entirety of the frontage, it's going to only occupy 200 feet of the frontage of this property and is going to run along the western boundary of Ms. Wagner's property. The question we have is, why? Why is this 18.69 parcel of land going to be impacted with a loss of 30 percent approximately of its frontage for this pond? Why is this 18.69 parcel of land going to lose 30 percent of its property for a pond and still suffer the aesthetics? The one aspect of the summary that is notably absent is the impact which this newly revised pond will have upon Ms. Wagner's remainder property. COMMISSIONER FIALA: Excuse me. MR. LUKACS: Yes, ma'am. COMMISSIONER FIALA: Could I interrupt you? The gentleman that keeps having his phone ring, could you step outside, sir, and mm your phone off when you're finished? I'm sorry to interrupt you. CHAIRMAN COLETTA: And that goes for anyone else in the room. I'm a little tone deaf, and I can't hear them myself, but I'm sure they're very irritating to other people. COMMISSIONER FIALA: I'm so sorry. MR. LUKACS: That's all right. Thank you very much. The executive summary indicates that under the original plan there would have been severance damage, Commissioner Halas, Page 95 December 17, 2002 which is a cost to the county when it acquires property. And severance damage is, as the county attorney will tell you, is a damage that quantifies an adverse impact upon the remainder property. That severance damage is not included in the executive summary with respect to the revised plan. There's no treatment here. This commission's not being told there's going to be an adverse impact because of aesthetics, there's going to be an adverse impact because of the limited accessibility because of a loss of 30 percent of frontage across the front of the road. None of that is included in the summary for your consideration in terms of whether you should go forward with this. Questions I have is, why don't this -- can't this pond, which is 200 feet wide, be shifted 100 feet to the west? Let two property owners shoulder the burden of the pond on their property as opposed to one. Why not take this pond and move it entirely to the west on a piece of property that's even larger as a parent tract in which the impact may be less than 30 percent of the totality of the acreage that can be developed? Why not design this pond by simply moving it all the way to the southern boundary of this property thereby lessening the impact itself?. Commissioners, you're doing the right thing in considering each and every one of the factors that the law requires that you consider in determining whether or not there's a necessity to go forward with the plan in relying upon your staff, but this project begs those questions as it relates to parcel 106 and specifically Ms. Wagner's property. Ms. Wagner has been opposed to the taking of her property for purposes of this pond since day one. She travelled here yesterday from Perkasie, Pennsylvania, to be present in order to observe the due process that you're providing to all of us. I beg the commission to consider whether or not there are other Page 96 December 17, 2002 viable alternatives that will lessen the adverse impacts that will result to this property, and those are adverse impacts that I am not creating. Those are adverse impacts that were recognized by a real estate appraiser employed by this county in connection with the initial design of this property, which recognized severance damages due to loss of access, severance damages due to loss of exposure, and severance damages due to aesthetics, all of which -- components, all of which conditions, resulting conditions from this taking exist under the redesign but are not otherwise reflected in the executive summary before you today. I would ask that the matter be deferred, particularly as it relates to parcel 106 in order that further engineering, further design considerations can be had. I will note that I have met with your assistant county attorneys. We have discussed this. They have been -- they have provided me with much information that I have requested pursuant to public records requests in connection with this project. And I thank them for their cooperation in that regard. But this is a matter of due process, and I ask for your deliberation on this matter. Thank you very much. CHAIRMAN COLETTA: I'm going to ask the commissioners to hold until we hear the next two speakers, then you come back and address questions. MS. FILSON: We have one final speaker, Mr. Chairman. CHAIRMAN COLETTA: Yeah, then after we hear that speaker, then we'll be able to sum it up. Write your questions down, and then we'll ask them at one time. And I'll recognize at that time Commissioner Fiala first and Commissioner Henning second. MS. FILSON: Mary Morg-- Mary Wagner. MS. WAGNER: I really don't know what I can add to what Mr. Lukacs has said. He's put the situation very well, except Mr. Halas, I don't want any money from you. I just want my land. I don't want Page 97 December 17, 2002 anything, but I do want my land, and I made that clear from the time I first heard about it in April, and I have never gotten any reply at all from the planning commission or from anybody in writing, not one reply. I got through on the Intemet to Mr. Coletta once, and that's the only official-- CHAIRMAN COLETTA: And you got a reply? MS. WAGNER: Yeah, I did from him. CHAIRMAN COLETTA: Thank you. MS. WAGNER: I did from him, and I think very well of him, and I trust you-all will do your duty in the right way. But I do feel this is the wrong place to put that pond. Thank you very much. CHAIRMAN COLETTA: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes. Just a question. What is on that land? I mean, is there a house on the land or is there a business on the land? They were talking about exposure from the road. What is on the land? MS. WAGNER: Since you ask me, I bought that land about 15 years ago, and I bought another piece where the golf course is now, which I sold to the golf course, and I got maybe a third of what some of the other owners got. This piece I paid three times as much for because it is on a comer, and I feel that the best and highest use of that land is yet to be seen. I have been contacted by real estate agents who are representing builders, and they tell me that all the land to the east and south is under contract. And also across the street where the quarry is, they're going to be 12,000 units. That's very hard -- now, you were talking about maybe 20,000 people moving into that area within the next two years. I want to keep that land for a service area, which is what I bought it for originally. And I held it all this time. I could have sold Page 98 December 17, 2002 it any time. I don't want to sell it. I want to keep it. And I think you're going to be so glad when you have 20,000 people there not to have them choking the roads going a mile to the right and a mile to the left for services. I think you need a few little things like the cleaners and the bank and just small -- and you as a woman know this. You know, we understand this. And I'm going to keep it. I'm going to hold it until the -- until the county feels that it's a necessary thing, and those are my plans. COMMISSIONER FIALA: And what was on the property next door that you said -- MS. WAGNER: There was something on that. COMMISSIONER FIALA: Okay. So both properties are vacant? Okay. Thank you. MS. WAGNER: That's right. And the property on the other side, where they originally intended to put it, is a golf course where a pond would be a very nice thing, but the golf course, I think has a lot of high-powered backers and they don't want the pond, so -- I don't want the pond. So I hope you will take that into consideration. CHAIRMAN COLETTA: Thank you very much, ma'am. MS. WAGNER: Thank you. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: Well, I want to thank Mrs. Wagner, and I believe it's her husband, coming all the way down here to share their feelings. My motion stands as stated, Commissioner. CHAIRMAN COLETTA: Okay. We have a -- okay. Commissioner Coyle. COMMISSIONER COYLE: Tell me about why we selected this parcel for the pond. MR. STRAKALUSE: Very good. Staff is aware of some of the concerns of the property owners. We're actually quite sensitive about some of the issues a lot of the property owners have. With this Page 99 December 17, 2002 particular parcel of land, our hands are tied pretty much. Bill Grammer is here from CH2M Hill who can review very briefly some of the technical aspects of why this particular parcel was sited. MR. GRAMMER: My name is Bill Grammer. I'm a professional engineer and the project manager for CH2M Hill who was hired by Collier County to do the Immokalee Road project. And I've just got one quick overhead to show you. The way these pond sites were selected were based on just more than what property was available. The entire project is broken up into existing drainage basins, and these drainage basins historically drain to the same area, going underneath Immokalee Road itself and going to the Cocohatchee Canal. So what we tried to do is break the project up into areas to mimic historical flow so we didn't run the risk of flooding people out who weren't flood before. This particular basin, as Mr. Strakaluse rec -- as Mr. Strakaluse discussed, our hands are tied on this. There were two potential sites within this basin that could have been used for these pond sites. The Caloosa property, which Mrs. Wagner mentioned, and then Mrs. Wagner's property. Due to the constructibility issues and the economic issues associated with putting it on the Caloosa Pines property, the feasible alternative was to put it on Ms. Wagner's property. Now, since we originally -- since we originally designed the pond site the first time along, we have come back and made two modifications which we've worked with the Collier County right-of-way department to minimize the impacts to the property both aesthetically and economically and have come to the conclusion that the pond site that you see, that's shown here, is the best solution to this -- for this basin area that needs to be drained. Now, in having discussions with the water management district Page 100 December 17, 2002 in terms of having to completely treat and attenuate the water before putting it into the Cocohatchee Canal, we were required to fully comply with environmental regulations. Mr. Lukacs mentioned what would the potential be of possibly moving this pond further to the west on the adjacent parcel, which is actually vacant right now; however, that parcel is virtually located in a wetland. And by moving the pond to the west, we'd be impacting approximately four additional acres of wetland than we are with this alternative that you see in front of you. At a minimum at a cost of $120 thousand just to mitigate the site. In addition, the existing drainage characteristics of that basin do not warrant putting the pond in that location due to -- we'd be cutting off flood patterns as they are right now. And by doing this, we also would be encumbered by having to re-grade a lot of that property to avoid making, you know, just ponding areas and causing flooding problems. CHAIRMAN COLETTA: Thank you. Let's go to Commissioner Halas. COMMISSIONER HALAS: Sir, was it -- I got a question for yOU. MR. GRAMMER: Sure. COMMISSIONER HALAS: In the development of this pond, who controls the size of this pond? Is this part of the southwest -- or South Florida Water Management? Do they basically tell you the size the pond has to be? MR. GRAMMER: No. What we do is, as you can see the outline I placed back up on the board, what goes on is you determine the hydraulics of the actual -- this portion of the roadway, and that's basically how much water is making it to this area from off-site from adjacent property owners' land and then how much water is going to make it from the actual storm water runoff from the roadway. COMMISSIONER HALAS: Okay. Page 101 December 17, 2002 MR. GRAMMER: When you put both of these together, it determines and dictates approximately how big the pond has to be. COMMISSIONER HALAS: Okay. How long do you have to retain that water in that pond prior to it going into the Cocohatchee? MR. GRAMMER: It would be approximately 72 hours is when it -- it complete -- it goes down in a 25-year event. It goes down to normal pond elevation, which would be about one foot in the pond area in about 72 hours. COMMISSIONER HALAS: Okay. MR. GRAMMER: The ponds were designed as dry retention ponds. So for most portions of the year, they'll be completely dry. CHAIRMAN COLETTA: Okay. Commissioner Coyle? COMMISSIONER COYLE: That just answered my question. CHAIRMAN COLETTA: Thank you. Any other questions? (No response.) CHAIRMAN COLETTA: Seeing none, all in favor of the motion, indicate by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it, 5-0. Thank you for coming. Item #10C APPROVE THE AWARD AND SUBSEQUENT CONSTRUCTION Page 102 December 17, 2002 CONTRACT FOR THE NORTH COUNTY WATER RECLAMATION FACILITY EXPANSION TO 24.1-MILLION GALLONS PER DAY MAXIMUM MONTH AVERAGE DAILY FLOW TO ENCORE CONSTRUCTION COMPANY, PROJECT 73950, BID 02-3418, IN THE BASE BID AMOUNT OF $24,861,000 - APPROVED; STAFF TO COME BACK WITH THE FINAl, AWARD Move right on to -- MR. MUDD: Commissioner, the next item 10(C), and that's to approve the award and subsequent construction contract for the north county water reclamation facility expansion to 24.1 million gallons per day. MR. DeLONY: For the record, I'm Jim DeLony, your public utilities administrator. The purpose of this item is to approve a contract award to expand the existing north county water reclamation facility from the current 17.6 million gallons per day, maximum month average daily flow, to a facility that will handle 24.1 million gallons per day. This project is a mandatory requirement. It was imposed upon the county. The Florida environmental protection agency's 10 April, 2001 consent order, of which this commission approved in-- 10th of April in 2001, and it -- then its amendment, further amendment of 30 July, 2002. The capacity increment and the 1 January, 2005 completion date are mandatory and specific to this consent order. Now, this project award consists of adding two new clarifiers, eight new aeration basins, eight effluent filters, an expanded chlorine contact building and tank, an expanded blower (sic) building, new electrical service building with two standby generators, instrumentation controls, and expanded disinfection facility. Five bids were received and opened on the 7th of November of this year for this project. The lowest responsive response -- the Page 103 December 17, 2002 lowest responsive responsible bidder is Encore Construction Company from Winter Garden, Florida at a price of approximately $24.8 million. Our estimate going in ranged from 27 to $29 million. COMMISSIONER HENNING: Motion to approve. CHAIRMAN COLETTA: Go ahead. We've got a motion to approve, and we'll go -- COMMISSIONER HALAS: I second. CHAIRMAN COLETTA: And we have a second by Commissioner Halas. Commissioner Fiala? COMMISSIONER FIALA: Yes. I have no problem with this award. But my concern is the contract isn't in the package, and so I would -- I would like to say that before final approval, this $24 million comes back to us to see that contract. I feel uncomfortable -- MR. DeLONY: Yes, ma'am. That -- we will. This is just a request for you to approve the award. We will -- COMMISSIONER FIALA: Can we put that in the motion? MR. DeLONY: -- subsequently come back. Yes, ma'am. COMMISSIONER FIALA: Because it doesn't say that in here. MR. DeLONY: Let me make -- COMMISSIONER HENNING: So amended. MR. DeLONY: -- very clear, we will come back to the board with a specific contract for your approval. COMMISSIONER FIALA: Very good. CHAIRMAN COLETTA: Let it be noted that Commissioner Henning has included that in his motion, and Commissioner Halas has agreed to that. COMMISSIONER HALAS: The second, yes. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: We've had some difficulty with failure of some of the contractors to meet the required project dates. To what extent have we investigated the background of the bidder Page 104 December 17, 2002 that we're planning to award this contract to? And to what extent have they accomplished their projects on time? MR. DeLONY: With regard to that material today, I don't have it today, sir. I can provide that to you specifically. But with regard to the due process that we follow with regard to the award process, we have found them to be responsive and responsible with regard to the context of the solicitation. So at this stage, that's about the best answer I can give you. You know, everything has got its specifics as to why we have certain problems on certain projects, and we are working as a delivery team, that would be the county manager's office, as well as the clerk's office, looking at these types of issues as we move forward with, not only this large project, sir -- and I think you're thinking like I am -- about the fourth and fifth ones that we have over the next series of years. COMMISSIONER COYLE: Yes. MR. DeLONY: And certainly that is something I will continue to strive to answer in the specific. But today, that's the best answer I have for you. COMMISSIONER COYLE: Do we routinely check their references to determine their performance on -- MR. DeLONY: Absolutely. COMMISSIONER COYLE: -- past projects? MR. DeLONY: That is very clearly prescribed by county procurement policy. aye. COMMISSIONER COYLE: Okay, thanks. MR. DeLONY: Yes, sir. CHAIRMAN COLETTA: (No response.) CHAIRMAN COLETTA: Any other comments? All those in favor, indicate by saying COMMISSIONER HALAS' Aye. Page 105 December 17, 2002 COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it, 5-1 Thank you very much. MR. DeLONY: Yes, sir. (sic). Item # 1 OD APPROVE PROFFESSIONAL SERVICES AGREEMENT NO. 02- 3398 IN THE AMOUNT OF $1,404,387.00 FOR DESIGN AND ENGINEERING SERVICES TO BE PROVIDED BY CH2M HILL, INC., FOR ROADWAY IMPROVEMENTS TO COLLIER BOULEVARD, BETWEEN GOLDEN GATE BOULEVARD AND IMMOKALEE ROAD, PROJECT NO. 65061 - APPROVED W/MODIFIED SCOPE CHAIRMAN COLETTA: Next item was -- MR. MUDD: Next item, Commissioner, is -- CHAIRMAN COLETTA: -- is item 10(D), which was formerly 16(B)(5), a professional service agreement. MR. MUDD: And this -- CHAIRMAN COLETTA: -- for Collier Boulevard. MR. MUDD: And this has to do with Collier Boulevard design and engineering for CH2M Hill. And the reason that it's -- where it sits right now is some commissioners asked the question, why does it from -- why does Collier go from Immokalee down to Vanderbilt as six-lane and then only goes four-lane from Vanderbilt Beach Road down to Golden Gate Boulevard; wouldn't it be smarter to go Page 106 December 17, 2002 six-lane from Golden Gate Boulevard north all the way to Immokalee Road because you're getting what's coming off of Collier Boulevard and they're going to six-lane Vanderbilt, too, so it would seem to make more sense, instead of having a choke point at Vanderbilt Beach Drive? And Norman? MR. FEDER: And the answer to the question is yes. It would make more sense. COMMISSIONER COYLE: Motion to approve. MR. FEDER: We would not do construction twice, and there would be savings. Plus, we are adding into the program, as will be coming to you shortly, construction between Green and Golden Gate Boulevard to six-lane that in 2007; therefore, it would make no sense not to do the six-laning down to Golden Gate Boulevard at this time. We've also been told by the consultant that they will do that, since it was intended to be in the six-lane right-of-way, at no additional cost. So, therefore, we would ask on this agenda item that the recommendation be to approve the contract with a modified scope that it be for six-laning down to Golden Gate Boulevard at no additional cost and authorizing the chairman to sign on that. COMMISSIONER COYLE: Motion to approve with modification of scope. COMMISSIONER HENNING: Second. COMMISSIONER FIALA: That was what my button was On for. Being that I pulled it, I wanted to make that a motion. But you may -- I'll second it. CHAIRMAN COLETTA: We thank you for pulling it, Commissioner Fiala. COMMISSIONER FIALA: Thank you. CHAIRMAN COLETTA: So we have a motion from Commissioner Coyle, and I'll recognize the second from Commissioner Fiala because she pulled it. Page 107 December 17, 2002 COMMISSIONER FIALA: Even though he didn't have his button on. CHAIRMAN COLETTA: But we also thank Commissioner Henning with a quick call on that too. With that, any other discussion? (No response.) CHAIRMAN COLETTA: Hearing none, all those in favor, indicate by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER FIALA: And thanks, Norm. MR. FEDER: Thank you. CHAIRMAN COLETTA: Thank you very much. Good work, Commissioner Fiala. Item # 12A APPROVE A SETTLEMENT PROPOSAL FOR RICKETTS ENTERPRISES OF NAPLES INC., ET AL V. BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, ET AL, CASE NO. 2:01-CV-76-FTM-29DNF, NOW PENDING IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA- STAFF TO MOVE FORWARD WITH I.ITIGATION MR. MUDD: The next item, Commissioner, is -- I would ask that the public comments be after the -- before we finish up, after we get done with our time certain that's at -- that is at one o'clock. Do we have any public comment -- Page 108 December 17, 2002 CHAIRMAN COLETTA: That's agreeable. MR. MUDD: -- at this juncture? CHAIRMAN COLETTA: Okay. Let's-- COMMISSIONER HALAS: Which one is this? MR. MUDD: Our next item is -- CHAIRMAN COLETTA: 16(K)6, which is now 12(A), correct? MR. MUDD: That's the alleged Ricketts -- the alleged Ricketts discrimination case. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: I don't think this needs a lot of discussion. CHAIRMAN COLETTA: I don't either. COMMISSIONER HENNING: I think we're just going to make a motion not to approve this item and direct staff to move forward with the litigation on this. COMMISSIONER FIALA: I'll second that. COMMISSIONER COYLE: Go after it. CHAIRMAN COLETTA: Yeah, you better believe it. So Commissioner Henning made the motion, Commissioner Fiala made the second. And no discussion, so all those in favor, indicate by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Mr. Mudd, does that conclude our regular agenda other than the one there for the time certain at 10 o'clock (sic). MR. MUDD: At one o'clock. CHAIRMAN COLETTA: One o'clock. Page 109 December 17, 2002 MR. MUDD: Yes, sir, it does. CHAIRMAN COLETTA: I was going to say, it's all over with. MR. MUDD: I think it's a great time to break for lunch, sir. COMMISSIONER COYLE: I would like to make one observation before we leave. I think this is the first time since I've served on this board we have ever completed our deliberations on schedule. MR. MUDD: Yes, sir. CHAIRMAN COLETTA: And the reason being -- (Applause.) CHAIRMAN COLETTA: There's a cause and effect to this. I told the commissioners we could not go to lunch until they completed it. So we know that the way to a man's heart is through his stomach. COMMISSIONER FIALA: And the lady, too. CHAIRMAN COLETTA: And the lady, too. (A luncheon recess was taken.) CHAIRMAN COLETTA: Take your seats, please. I'm going to ask you to make sure if your cell phones are on -- that for some reason you turn them to vibratory mode and it goes off, please step outside the room at that time so we can keep the background noise at a minimum so we can hear what everybody has to say. Thank you very much for coming today. We'll start right off with you. Item #8H CONSIDERATION OF AN ORDINANCE THAT ESTABLISHES A COLLIER COUNTY HUMAN RELATIONS COMMISSION- DENIED W/STAFF DIRECTED TO BRING BACK AN ORDINANCE WITH ZFRO TOIJFRANCE MR. MUDD: Commissioner, this is -- this is item 8(H), which Page 110 December 17, 2002 is time certain for one o'clock today. This is the consideration of an ordinance that establishes a Collier County human relations commissioner. And I'll turn it over to Leo Ochs. MR. OCHS: Good afternoon, Mr. Chairman, members of the board. For the record, my name is Leo Ochs, deputy county manager. I'm here this afternoon to present for your consideration an ordinance creating a human relations commission here in Collier County. The ordinance before you today is the result of a fairly lengthy process that began back in July of 2001 when the county commission, after considerable discussion from the public, directed then county manager Tom Olliff to work with the county attorney's office as well as with Ms. Laverne Franklin, the president of the Collier County chapter of the NAACP and other interested individuals and organizations in the community to develop this draft document for your consideration. During those intervening months, staff both from the county manager's office and the county attorney's office have been busy conducting research on similar ordinances that may or may not exist, both within the State of Florida and also other areas of the country. We've also been soliciting public input into the series of draft ordinance documents that have gone through the draft process. I would say that the primary goal, as you'll read in your ordinance, of a human relations commission is to promote and protect the civil and human rights of all the Collier County residents. The commission itself is intended under the ordinance to serve as a public forum for discussion, for education and for recommendations to the county commission on matters affecting human relations and civil rights issues here in our community. And while I believe that there is general agreement on that over-arching goal of this ordinance, I also acknowledge that there are Page 111 December 17, 2002 substantial disagreements among certain individuals over different aspects of this ordinance and how best to achieve that over-arching goal. And I'm sure that you'll hear from all sides of those various interests as you hear the public speakers this afternoon. I would like to take a couple minutes and turn this over to Jacqueline Hubbard Robinson, assistant county attorney, who has been working under David Weigel's direction to actually craft the ordinance in front of you today, just spend a few minutes summarizing the important aspects of the ordinance. Jackie? MS. ROBINSON: Thank you. Good afternoon, Commissioners, and the members of the public. The ordinance -- I hope you have copies of it before you. Basically in the whereas clauses, it manifests an intent on the part of the county to protect and oppose discrimination against the various groups that are mentioned in the ordinance. And most of those groups are already mentioned in other existing ordinances on the federal level except one group, which is the sexual orientation group. And in our studies of other ordinances, we found that they ran the gamut from basically being just a resolution to having an entire department set up purely for the purposes of human relations. This ordinance under the instruction of the then county manager, who was very active in structuring the structure that this ordinance should take, he basically wanted to ensure -- as I understood the direction, he wanted to ensure that there would be, on the part of Collier County, some forum that existed which would allow members of the community to air their concerns regarding discrimination. The intent of the ordinance as written is not going to provide individual independent hearings, although that is a possibility, but the intent of the ordinance is to provide a forum and a mechanism for educating the public regarding issues in which persons in the Page 112 December 17, 2002 community allege they have been discriminated against. There are a couple of matters in this ordinance that I think it's important that I bring to your attention. First of all, the creation -- this ordinance that is before you today really only serves one purpose. In spite of all of the things you may hear later today or things you may have read, a careful reading of the ordinance will show that the ordinance in front of you today is merely to create the human relations commission. The parameters under which the human relations commission would function would be the second step of this process. Also, the commission would be composed of 11 citizens of the community, and five of those would be representatives of the business community in the area, and we're talking about having at least five out of the seven commission members being from retail merchandising, management, industrial management, real estate sales, hospitality, health services, agriculture, financial services, construction, and law enforcement. So five of the 11 -- and all of the 11 will be appointed by the Board of County Commissioners, but five of the 11 members would be people who traditionally have been the focus of these allegations. So the commission would not be composed merely of people who traditionally bring the allegations. Almost half of the commission would be composed of persons from the communities against which most of these allegations are often made. It also should be noted that in the ordinance the members will be set up on an overlapping basis and may not serve more than two consecutive terms. Also, section two talks about the definitions -- and there are only three in this ordinance -- to protect the class, which has been previously mentioned, discrimination, and the general definitions will be as they are currently existing in existing statutes. Section three involves findings, and that's on page three. Now, Page 113 December 17, 2002 the findings that the Board of County Commissioners are asked to approve are relatively simple, and that is that the Board of County Commissioners find and declares that intolerance, bigotry, discrimination and the disorder occasioned thereby threaten the civil rights and privileges of the inhabitants of the county and menace its institutions. This direction to draft this ordinance came out of a very trying historical moment in Collier County in which there was a shooting of a young African-American man in the River Park section of the City of Naples by a police officer, and this resulted in quite a bit of community disharmony. And as a result, the Board of County Commissioners had a public hearing. And at that public hearing numerous people from the community came before the board and talked about this notion of forming a human relations commission. If the human relations commission as it is envisioned in this ordinance was in place -- had been in place at the time of that incident, then it would have presented a forum for the people of the community to come forward and express their concerns. And that's basically what this ordinance is cut out to do. The very last paragraph of this ordinance says in no uncertain terms that -- that nothing -- and that's on page 11 in section 10, it says that nothing herein is intended to nor shall create an independent cause of action for damages or other judicial relief without specific authorization by ordinance approved by the Collier County Board of County Commissioners. So this commission would not have the ability nor would its actions result in any type of cause of action. It is being created, if you agree that it should be created, to educate the public and to have available to the public when needed a forum where they can come and address issues that are relevant to human relations. And if those issues involve complaints that people or groups of people -- and it is envisioned that this ordinance would pertain more Page 114 December 17, 2002 to groups of people than individual people, and I will explain why in just a moment -- that groups of people in the community, whomever they may be, would have a place to come and present to a group of people appointed by the board to discuss issues that affect them and their perceptions of discrimination against them. The purpose of the ordinance is set forth in section four on page four, and the purpose of the ordinance -- and bear in mind that the commission can only operate within the parameters of the policies and procedures of Collier County. That's in the ordinance and it's important to remember that. The general purpose of the ordinance, however, is to provide information, assistance, and education within Collier County of the policies embodied in existing civil rights laws, including the Florida Civil Rights Act, Title VII of the Civil Rights Act of 1964, the age discrimination and employment right of 1967, Title VIII of the Federal Civil Rights Act, which pertains to fairness in housing and also includes provisions that are relevant to the issue of adult living facilities and housing for the age -- aged, that's Title VIII, the fair housing amendments act of 1988, the Americans with Disabilities Act of 1999 -- '90, the Civil Rights Act of 1991, and all of these as amended, and, of course, the Florida Civil Rights Act of 1992. And so the first duty and purpose of the commission is to provide information, assistance and education within Collier County of how people can go about utilizing the existing statutory provisions both on a state and federal level that they may or may not know about. Secondly, the purpose of the ordinance is to assist these individuals to attain freedom from discrimination through -- if you turn to page five, you know, I repeat all of those other areas. But if you turn to page five and you look at the last phrase in that section one -- section 1 (B) which says, through public discussions, forums, investigation of complaints, which is the same issue that I said I Page 115 December 17, 2002 would return to, findings, and the taking of positions on issues properly brought before it for determination, assistance, and investigation. In section five -- and I will -- I'll come back to that section because I realize that it's very important to do so -- the human relations commission under this ordinance is only set up to convene at least four times a year. So this commission, which would be composed of volunteers appointed by the county commission, is obviously not the kind of commission that would be equipped to handle the day-to-day, mundane discrimination complaints that individuals would have, although it would be able to refer those individuals off and provide educational materials to them. It would not really be equipped to substitute for them, because that's not what its purpose is. The meetings are set up quarterly unless the board decides to meet more often than that. Now, it takes seven members, if you look at section 5.2 on page five. It takes seven members of the commission for a quorum. And bear in mind that five of the appointees must come primarily from the business and real estate and hotel sectors. So two other members of the commission who may or may not come from that sector, with those five, would compose a quorum. So if there's concern regarding whether or not the commission is tipped or imbalanced from the point of view of both the parties against whom traditionally these accusations have been made, businesses and so forth, and the people who make them, built into the ordinance is this mechanism to prevent that. So if the five members at least from the business, real estate, hotel or community are active members of the commission, they would certainly have been able to have a great deal to say about what the commission does, since at least five of them must be on it, and two plus those five would constitute a quorum in order for any action Page 116 December 17, 2002 to be taken. Now, the objectives of the ordinance, which are in section six on page six, I think it's really important that the ordinance be viewed both in terms of what the purpose of the ordinance is, which is what we've just gone through, and what the objectives of the commission are, as set forth in section six. And if you look at those objectives of the human relations commission, you will see that as the ordinance is drafted, in A, they are to promote and encourage fair treatment, excuse me, in B, to cooperate with governmental and nongovernmental agencies, to assist various groups in the community to cooperate, to aid in permitting the county to benefit from the fullest utilization of its human resources, to recommend that the county accept grants and contracts from foundations and things of that nature. And those are the objectives. You don't see any objective in that list that says that this human relations commission will substitute as some type of investigative body in order to provide a forum for people or even a mechanism for people to come and file lawsuits against people. It's not there. Now, one of the areas in which we have gotten comments on is this notion of investigation. And I can assure you that the intent of the drafters of the ordinance was investigation in a very loose sense of the word, in the sense of being able to make an inquiry into what an allegation may be or what an allegation might be, and not to investigate in the sense of having any subpoena powers. Because you will notice that in this ordinance the human relations commission has no subpoena power. It can't force anybody to come and testify. It has no means of doing that type of investigation, nor is that kind of investigation intended by the drafters of the ordinance. This ordinance objectives are as set forth in section six, and that's what the -- the human relations commission is to educate and Page 117 December 17, 2002 prepare and present a forum for these types of issues to be worked out. Now, the objectives and the purpose need to also be read in conjunction with section seven, which are the powers and duties of the commission under this proposal that's before you. Now, if you look at the powers on page seven, once again in A, it talks about working together with federal, state and local agencies in developing courses of instruction and educational things of that nature, in B, to encourage equality of treatment and discourage discrimination, and in C, to study, to hold public meetings and forums, to make recommendations and findings concerning the problems of prejudice, intolerance, bigotry and discrimination, and D, once again, to investigate, receive complaints pertaining to these issues. As I said before, there is no definition of investigation in the ordinance. And that terminology is certainly intended to mean an inquiry into the circumstances that caused a person to come and bring a complaint or group of persons to come and bring a complaint. It does not have the power to conduct what is traditionally called an investigation. But it does give the commission the ability to ask certain questions. Now, the issue -- it also is to issue a report annually, both to the county and to the municipalities in the county regarding what they observed during their year of sitting as a commission. And that report would have to take the form that the commission desired it to take. But on page eight, there are some guidelines regarding the kind of reports and recommendations that this commission would make. First of all, it would make a recommendation to the county commission, the Naples City Council and other municipalities regarding what kind of legislation they may recommend that, perhaps, you might want to send off to the state legislators to aid in Page 118 December 17, 2002 this effort, and two, it would present an annual report. The annual report is envisioned as being a report to you at the end of a year saying just what they observed sitting as a commission. Did they observe that there were more complaints, say, in the real estate community, or did they observe that there were more complaints from the hoteliers, or wherever the complaints may come from. But they would issue you a report, you would review the report and determine, based upon that report, what action, if any, you might wish to take. In section F it says that it would just encourage the participation of families to talk about these issues. In G, it would work together again with other local governments and federal governments, agencies, to assist Collier County residents with any programs, projects, facilities and services that may be in line with the goals of the commission. On page nine, it goes on to say that they would perform demographic surveys of the local population, and they would analyze the data and prepare reports for the county commissioners. H, they would make such investigations and studies in the field of human relations as they deem effectuating its purpose. I don't know what they may decide to look at. They may decide to look at anything from voting in some areas of the county or dropout rates. Who knows.9 Whatever they feel they, as the commission, would be the parties that you appoint, they have the power to determine whether or not some issues may be more important to them than others. And if after looking into it they determine that there is substantial evidence, then they may file a report to the local -- federal, local, or state agency that would be handling this. And you can see that they don't try to enforce their own findings because they have no power to do so as this ordinance is drafted. And then it goes on to say that they would do other things Page 119 December 17, 2002 basically to encourage the community in efforts to eliminate discrimination. It even goes all the way over to page 10, and it talks about developing ways of anticipating, preparing for and relieving community tensions that arise from intergroup conflict, which is similar to what happened at River Park situation. It would work in paragraph O, with other human relations organizations and agencies. And it basically serves as a body to whom the county would direct problems and issues concerning human relations. That's what that commission would do. We have set up the administration in the ordinance in section eight, and basically the inquiries and complaints would be filtered through the county manager's office, and that was our instruction, and that's what's in the ordinance, that when people, parties, make complaints, the complaints would be processed through the county manager's office. Now, before I close -- and I'm about to close -- I think it's important that -- since we've gotten this far with it, that you should know what the -- what our office, anyway, envisions in the event that a human relations commission was approved. The first thing that would have to happen after -- if this ordinance were approved and a human relations commission was established, the next thing that would have to happen would be some agreement on the part of the commission and staff and other interested parties on how the commission would proceed. And what we envisioned -- and we had some discussions with at least one other constitutional office the other day, was that any complaint would have to be processed through the county manager's office, although obviously you couldn't prevent someone from just walking in and saying something, and that complaint would have to be a sworn statement. Because there's no desire to entertain any complaints if the party making the complaint isn't willing to swear Page 120 December 17, 2002 under oath that the allegations are true. And that complaint would be filled out on a form that we would devise in which the person would state their name, their address, the complaint, the party against whom they're complaining against, what they're complaining about, and swear that what they said was true. Our staff would inform the party against whom an allegation had been made, say, a business or individual -- more than likely a larger group -- and they would be informed of the statement, and they would be told when the matter would be presented to the human relations commission for consideration. We also envision -- therefore, they would be able to respond if they wish to. So everybody's in the loop and everything is open to the public. This is not a confidential type of process. We're not the EEOC. We don't pretend to be. This is supposed to be an open forum, and, therefore, if you have an allegation that you wish to make, you should be willing to stand up and raise your right hand and say you swear that what you're going to testify to is the truth. And during the commission proceedings, we envisioned that all witnesses would be sworn and all testimony would be taken under oath, with all of the concomitant things that result from that, such as perjury and what have you. And that -- we realize when we discussed this that all of that may have a chilling effect against some individuals who may feel that they really don't want to get up and swear that what they're saying is true, you know, at this point, because they may lose their jobs or whatever they feel. I think our staff's position is that the purpose of the ordinance is to have a forum not so much for individuals, although obviously individuals would be able to present their complaints, but essentially to handle matters that are related to the community learning to cooperate, communicate, and get along with one another. It's not a substitute for some other agency, and, therefore, we Page 121 December 17, 2002 want everybody involved to be fully apprised of what's going on and everything -- any testimony taken be under oath and the person swear to tell the truth. And any procedures -- because obviously if a commission were approved, the next step would be to have procedures regarding how that commission would operate approved by the Board of County Commissioners, and our thought was that we would involve some of the other constitutional officers in the drafting of those procedures and present those procedures to the Board of County Commission for approval before the human relations commission could actually begin to take complaints. In the meanwhile, while those procedures were being drafted or being presented to you, the commissioners could be educated and informed regarding the nature of the federal and state statutory provisions that they would be in charge of talking about, and it -- you know, in my opinion, personally, I think it would take quite a while to bring them up to speed so that they felt that they understood the federal laws on these issues and the state laws on those issues. And probably by the time the educational process had completed, the procedures would probably -- would probably be available to present to the board, and then they could go into action. So we don't see this as an immediate remedy of any sort or creation of any forum. It would be a fairly -- still a fairly lengthy process before they would be able to begin to function as a human relations commission. Now, all of the -- all of the things that I mentioned to you that are in the ordinance, most of those come from existing ordinances throughout the State of Florida. And we attempted to come up with an ordinance that we felt would meet the particular needs of Collier County. So it's really being presented to you in that fashion, and however you want to change it or whatever, but that's what we did. Page 122 December 17, 2002 If you have any questions or anything? CHAIRMAN COLETTA: We'll start with Conunissioner Henning. COMMISSIONER HENNING: Ms. Robinson, during the visioning process of the human relations commission and their duties, if the members do hear alleged complaints from the community, what action would they take? MS. ROBINSON: They would be -- they could -- they basically would function as an advisory body and-- to you, and they would tell you that, you know, this is what we think may have happened in that particular instance, or if it's not something that rises to that level where you need to be informed of it, they would simply listen to the person and then advise the person where they should take that complaint. In no way, shape, or form would this commission function as a substitute for that person's own legal counsel, nor would the -- so anyone that brings a complaint would have to be informed, of course, that this is the Collier County procedure, you have deadlines and whatever you have to meet under these federal procedures, and this is not going to protect you from that. We're simply going to give you information that we think you can use to pursue your claim any way you want to. But in terms of-- what they -- so they don't have enforcement powers yet. This ordinance doesn't give them any. This is not a remedial ordinance. This is an ordinance to set up a place where the community can come to talk about and discuss issues that relate to human relations. COMMISSIONER HENNING: Correct. And I was just speaking about the visioning for future. And you stated that it might be -- if somebody has a complaint, they would-- the commission would hear their complaint and might make recommendations to the Board of Commissions on that particular complaint? Page 123 December 17, 2002 MS. ROBINSON: It might if it felt that that's -- that is merited. It may also tell the person before it, for instance, we don't agree with you. We don't think there's enough evidence to merit the complaint, or they may say there may be enough evidence to merit the complaint. And if so, you should take it to the EEOC or you should take it to other existing facilities. COMMISSIONER HENNING: So how can they really form a position if they don't investigate the complaint? MS. ROBINSON: Right. And that's what we're saying. They can take -- when we use the term investigate in the ordinance, we basically mean take inquiry or look into, which means that if a person comes up, the commission has the authority to ask them questions or allow them to bring witnesses or whatever, but it doesn't really give them the power to go out and subpoena records or anything of that nature. That's not what it's envisioned to do. COMMISSIONER HENNING: Right. MS. ROBINSON: It's basically, I wouldn't say bully pulpit, but it certainly is a place where the community will have a forum to talk about issues related to human relations. COMMISSIONER HENNING: Okay. And -- you know, excuse me for all the questions, but -- MS. ROBINSON: No, that's fine. COMMISSIONER HENNING: -- to me, if we have an individual complaint without giving authority to investigate the complaint, it's really not serving a purpose. If we're talking about the community and -- whether it be race, color, creed -- what we can do to educate the community, that would be -- in my opinion, be worthwhile. MS. ROBINSON: And that's all -- that's what's envisioned here. COMMISSIONER HENNING: I know, but you started to get into the discussion of what it could be, and-- MS. ROBINSON: Oh, no. Page 124 December 17, 2002 COMMISSIONER HENNING: -- what the envision (sic) was, and -- MS. ROBINSON: Okay. Then let me correct that, make sure that I'm clear on this issue. COMMISSIONER HENNING: Okay. MS. ROBINSON: This ordinance, which is the only ordinance that's presented to you thus far-- COMMISSIONER HENNING: Right. MS. ROBINSON: Right? It's the only one on the table, the only one that exists, this ordinance merely creates a human relations commission. It creates -- it does not create any enforcement powers, it does not create any investigative powers beyond making any inquiries because there's no subpoena power, and it's envisioned as an educate -- as an educational tool as a forum where people can actually come to talk about these issues and to make recommendations, either to you or to the state legislature, or to whomever, regarding what the commission feels is important. To educate the public and to make the materials available to individuals who may need some help on how to pursue their particular claims. But it does not create any kind of enforcement powers in this cormnission. MR. MANALICH: Commissioner Henning, if I might add -- for the record, Ramiro Manalich, chief assistant county attorney -- we would specifically recommend against any attempt to create investigative powers under the concern of potential liability to the county. What we're talking about here, if the word investigative power is at all mentioned, as Ms. Robinson indicated, very limited just to make clear that they can inquire when something is presented to them as to what circumstances are known or presented, but in no way should this be viewed as an investigative agency or a body that's going to adjudicate the merits of particular allegations of Page 125 December 17, 2002 discrimination or those types of complaints. It will deal with them, I think, as Ms. Robinson has indicated, in, are they symptomatic of a community issue that should be addressed and that transcends, perhaps, even the individual case. MS. ROBINSON: Correct. CHAIRMAN COLETTA: Fine. Commissioner Coyle, then Commissioner Fiala. COMMISSIONER COYLE: I understand what you're telling us about investigation. But I feel there are so many references to investigation in this ordinance that it creates a certain unease. Your catchall phrase really says that it will not create an independent cause of action for damages to other judicial relief. MS. ROBINSON: Uh-huh. COMMISSIONER COYLE: There are a lot of investigative actions that can be done short of creating action for damages or other judicial relief. And one of the issues I'd like to raise is on page 10, paragraph-- subparagraph T. MS. ROBINSON: Subparagraph T? COMMISSIONER COYLE: Subparagraph T. It says, one of the responsibilities will be reviewing police investigation and reporting and prosecutions. MS. ROBINSON: Right. COMMISSIONER COYLE: Now, I can understand gathering data on things like that, but reviewing those things, and with a view toward making a recommendation to the commission, to me, assumes that the people on the human rights commission are qualified and have access to all the information to make the right kinds of decisions. I'm also troubled -- MS. ROBINSON: Do you want me to respond to that one? COMMISSIONER COYLE: Sure, go ahead. MS. ROBINSON: This particular provision, just like the ordinance as a whole, is completely subject to preexisting or maybe Page 126 December 17, 2002 even later superseding state statutes. There are state statutory provisions that would prevent this commission or any other body to interfere with or gain confidential information from an ongoing internal affairs investigation by a police or law enforcement agency or any other criminal matter, because those are statutorily prevented. However, when the -- let me give you an -- the only example I can really give you is the River Park example. If this commission had been in effect when the River Park incident occurred and there was an -- there were allegations being made about actions of police officers and whatever, obviously the police immediately conducted an investigation and obviously also their investigation would have been confidential, and the commission would have not been able to force the police department or the sheriff's department to talk about anything that was confidential, and they would have the option of either continuing it until that period passed or, perhaps, the law enforcement agencies may well have wanted to use the forum as a place to demonstrate all the different good things that they've been doing. And they've been doing a lot of good things. I mean, they have a lot of community programs that people are not aware of, they have a lot of interaction between the various sectors of the community, and this would have been a place where those issues could have been raised. So it's possible, if you look at paragraph T, that a person may have stepped forward and made some kind of allegations, because those allegations were made over and over again during that particular incident which prompted the drafting of the ordinance, and that is what has prompted putting this in there. But obviously it would be subject to all of the confidentiality provisions that already exist-- and could not interfere with it either. COMMISSIONER COYLE: We have included here all of the state and federal laws that would govern how these investigations or Page 127 December 17, 2002 inquiries would take place, and, perhaps, determined what action or what violations might have occurred. But there's at least one class of individuals identified in this ordinance that don't have any federal or state protection. MS. ROBINSON: Correct. COMMISSIONER COYLE: Under what criteria -- or what criteria do we use to investigate or inquire into violations of their rights? MS. ROBINSON: Well, they would be -- in effect, what this ordinance says is, even though -- and you're speaking of sexual orientation? COMMISSIONER COYLE: Yes. MS. ROBINSON: Even though sexual orientation is not mentioned as a protected category in the existing state and federal statutes, we would treat you as if you are. So whatever applies to anybody else would apply to you, essentially, is how that would work. COMMISSIONER COYLE: And then on page four, top of the page, second sentence, it says, to aid in the prevention of the effects of present and past discrimination. What does that mean.'? MS. ROBINSON: Well, that's just -- people or groups that would come before the commission will either be complaining about something going on right now or something that they think will occur in the future, and they may able to explain the reasons why they think it may happen in the future because of what has happened in the past. And generally, in human relations commissions and bodies of this nature, the historical basis for someone believing they've been discriminated against is considered, you know, relevant information. And that's all that means. COMMISSIONER COYLE: Now, the-- MS. ROBINSON: And also, it means -- I mean, that's basically Page 128 December 17, 2002 what it means, that a person says, look, for the past -- this has happened to me in the past and I'm afraid it's going to happen to me again and it's happening right now. And you say, why do you think -- I mean, it's just -- it would just be an attempt to be able to take all of that relevant information before the commission. COMMISSIONER COYLE: Okay. Then the commission as it currently is designed or proposed, would meet once quarterly. MS. ROBINSON: It would meet once quarterly unless the board or the commission decides to meet more often. COMMISSIONER COYLE: Okay. I am concerned that a commission which meets quarterly, once quarterly, will actually slow down the process of processing complaints about discrimination. I mean, certainly, no one in this room who feels that they have suffered from discrimination would like to wait until the next quarterly meeting of the commission to file the complaint and have an inquiry started or even to find out where they should go for help. It seems to me that we need to find a way to make sure we can deal with those on a current basis. And how do we do that other than through the county manager's office? MS. ROBINSON: Well, once again, I think the commission, that is not its purpose. Its purpose is not to process complaints. Its purpose is to provide a forum. My understanding is that there would be some recommendation to the board to have some staff for the commission, and certainly that staff would have available whatever brochures or statutory things that could be handed out. But this -- this commission, it really isn't set up to be a place where you take your discrimination complaint expecting the commission to make some finding that would allow you to take it to the next level. COMMISSIONER COYLE: Can I read to you from page five? MS. ROBINSON: Yes. COMMISSIONER COYLE: The center of the page, bottom of Page 129 December 17, 2002 the last paragraph. It says, one of the responsibilities is the investigation of complaints, findings, and the taking of positions on issues. MS. ROBINSON: Uh-huh, yes. COMMISSIONER COYLE: I don't know how you do that without accepting a complaint and reviewing it and investigating it. MS. ROBINSON: Yes, you would. But, I mean-- but I don't think that should be confused with the commission having an official role in anybody's litigation or pursuit of their rights. COMMISSIONER COYLE: Yep. MS. ROBINSON: This commission is envisioned under the ordinance to entertain and provide a forum for the discussion of these issues, including the filing of complaints. But the commission is not set up to serve as an agency that would take and process complaints COMMISSIONER COYLE: Okay. MS. ROBINSON: -- for those purposes. COMMISSIONER COYLE: Tell me how the process works. Someone is -- believes they're discriminated against, what do they do? Who do they take this claim to? MS. ROBINSON: Well, it depends. If they -- you want an individual? COMMISSIONER COYLE: Yeah. MS. ROBINSON: An individual under this ordinance would take their complaint to the county manager's office. COMMISSIONER COYLE: Okay. And then what-- MS. ROBINSON: And then fill out a form, which hasn't been devised yet, and make a complaint. COMMISSIONER COYLE: And then what would the county manager's office do with it? MS. ROBINSON: It would review the complaint. It's envisioned -- these provisions have not been drafted yet, remember. Page 130 December 17, 2002 COMMISSIONER COYLE: Yeah. MS. ROBINSON: This is just our initial sense of what the procedure should take. The complainant -- the party against whom the complaint has been made would be informed that the complaint has been made under oath against them, and the county manager would then present the complaint to the human relations commission for their review. COMMISSIONER COYLE: At its next quarterly meeting? MS. ROBINSON: Whenever that was. COMMISSIONER COYLE: And then they would review it and provide some report to the county manager or to the commission itself?. MS. ROBINSON: No. The commission would take its actions at their meetings, or they haven't -- they would have to come up with a procedure that's approved by you on how they would process these complaints, because it's not in this ordinance. COMMISSIONER COYLE: Okay. I-- MS. ROBINSON: But assuming that they decided to make a decision on a complaint, they would simply indicate what that decision was to the party that were appearing -- or the parties that were appearing before it. COMMISSIONERCOYLE: Okay. Thank you. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Yes. If the commission, say, for instance, after deliberation didn't agree that this party was being discriminated against and the party felt that they were, could they then -- would the commission then be susceptible to lawsuits? MS. ROBINSON: No. The commission-- you know, anybody could be susceptible to lawsuits, but whether or not there's a likelihood of prevailing on the lawsuit is a different matter. If you -- one of the procedures that would obviously have to be instituted would be that the complainant would acknowledge that Page 131 December 17, 2002 they're not creating any kind of right of action based on the decision from the commission. They would concede that they're presenting their matter to the commission in a public forum for public discussion of the issue, not to file a complaint the way you would file a complaint with the EEOC before you're able to go to court, but simply believe somehow that their particular complaint deserves a public hearing in front of a human relations commission to talk about, not to seek any particular form of relief. And so the complaint petition that we would envision would obviously have those provisions in it that, whether they agree or not with the ruling by the commission, this doesn't establish any kind of right of action against the commission for the actions that they take. MR. MANALICH: It's also my understanding, Commissioner, that the manager's office would be equipped with standard information and forms from the existing agencies, and these persons would be informed that this is essentially a public discussion forum, that if they wish to pursue individual legal remedies, they may wish to get their owner legal counsel -- MS. ROBINSON: Right. MR. MANALICH: -- and/or go directly themselves to these agencies immediately so that any time frames are not impacted. MS. ROBINSON: Correct. It's really not written to create a remedy for people. And they need to acknowledge that up front and not have expectations that extend beyond what the ordinance really provides for, and we would certainly ask for a waiver from them to protect the county and the commission. CHAIRMAN COLETTA: Okay. Let's go to Commissioner Henning, then we'll go to the speakers. COMMISSIONER HENNING: Example -- let me give you an example, Commissioner Coyle, being a senior citizen, is a minority. If he wants to go into a sports bar where a lot of young people are, Page 132 December 17, 2002 and the bartender doesn't want to serve him, so the state has a commission, a human relations commission, for such actions, do you know how they would investigate or what their process is? MS. ROBINSON: Well, I know that they have agreed in the event -- at least one of their members, I'll put it that way, not the state human relations commission, but I've certainly met with one of their local members, who indicated that his understanding was that the state human relations commission would cooperate with our local commission if it were established in any way that they could, and I would assume that that meant that if there were things that our local commission felt that they were unequipped to handle, they could forward it to the state human relations commission for further investigation or whatever. But -- and I think that was a very good suggestion. COMMISSIONER HENNING: Do you know how they're set up? Do they -- I mean, they can investigate, they can prosecute. MS. ROBINSON: Right. I don't know about prosecute, but I know that they have investigative powers is what I understood. But I'm not familiar enough with their procedures to tell you what they can and cannot do. But I have just been informed that there is a person here today from the state human relations commission. And if he -- I think he's here. Mr. Valle. CHAIRMAN COLETTA: Right there. MS. ROBINSON: Oh, good, okay. And he could answer those questions for you. COMMISSIONER HENNING: Oh, is it appropriate now, Commissioner? CHAIRMAN COLETTA: I think now is as appropriate as anything. Would you please state your credentials, sir, and your name for the record. Page 133 December 17, 2002 MR. VALLE: My name is Mario Valle, and I'm a commissioner with the Florida Commission for Human Relations. The Florida Commission for Human Relations, Commissioner, has been established for approximately 30 years, and it's had enforcement subpoena power and penalty enforcement power for over 25 of those years. The current system in Tallahassee in the way its conducted, the department has an intake department where they take in all of the relevant background information about a particular matter. They pass that along to an investigative team. And right now in Tallahassee we have 34 investigators dedicated to investigating not only complaints in employment, which is the bulk or the majority of the complaints, but in housing, in public accommodation, which includes or encompasses all of the hotels, bars, any types of those facilities, and they provide remedy and relief for those aspects. In the course of the last three years there's been a change in leadership up in Tallahassee. The governor has now been the person to have appointed all 12 commission members that sit on the Florida Commission on Human Relations. Also, they have hired and established a new executive director. And what that director has done in the last year is reduced the backlog of cases that have been pending by over 47 percent and has increased the amount of awards given to complainants by over $900,000. So right now in 19 -- in 2001 to 2002 fiscal year, they reduced the backlog of working inventory cases from over 3,000 to just over 1,600 and have increased the settlement dollars of their closed cases from 2.1 to $3.2 million. Other aspects is that they are a totally autonomous and separate entity. They do not have a secretary that they report to, they do not work under DMS, even though that's where they're placed because of Page 134' December 17, 2002 website issues and the like. But they operate completely whole and separate. As you can imagine, there are a number of complaints that occur at the state level with regards to agencies and employment that are of the state. And because of their autonomy, they're able to maintain separate conflicts -- or maintain a separation so that no conflicts of interest occur between the matters, which is where I drew a concern with regards to the types of investigative powers if somebody had a complaint against the county or what have you because of the resources being utilized. The other aspect -- and Commissioner Coyle, you pointed out something as far as how someone could get a complaint up to the appropriate agencies effectively. You could go to myflorida.com, look in the search engine and type human relations commission. There it will direct you to a link which has all the information of the Florida Commission on Human Relations. It has some forms that you can download and send those up to Tallahassee so that no time is spared in the investigative functions. Over the course of the last year also the courts have upheld that when a complaint has been filed with the Florida Commission on Human Relations, it is duly filed with the EEOC and HUD because we have contracts with those agencies as well. They provide about 20 percent of our budget over the course of the year's time. So we stand ready, willing and able to help out Collier County in its overall goals. In -- the 2001 incident that occurred here in Naples was actually cited in our orientation materials as a commissioner of the job that was done here in Collier County. Also, basically the Florida Commission on Human Relations has a statutory mandate to secure the state against domestics dry fund arrest (sic), preserve the public safety and general welfare, the potential for civil unrest, and this situation appears greatly enhanced for the reasons that they noted Page 135 December 17, 2002 within the aspects, so they sent two persons down from Tallahassee to help diffuse the situation and stand ready, willing and able to come forward and help out in any type of public forums, summits, to try to get those groups of folks that have traditionally had opposing views together so that they can help create coalitions, derive personal relationships so that in the event that any instances occur in the future, that they are able to bridge those gaps and to have those aspects held together. I think that we haven't probably done that because of a lack of a presence in Southwest Florida from someone in the commission as far as getting the word out as to where to go. I think that having a link from an intergovernmental agency on our Collier County website to the Florida Commission on Human Relations website would be a fantastic step that would not cost a whole lot of money, other than just to produce a link. I'm in the process of developing a website locally where I could be contacted. I'm getting the other materials ready. The website should be up and running the middle of January. So I expect to be an active participant and active member of the Commission for Florida Human Relations in the State of Florida. Just as a side note, currently in the 1,600 cases that are in Tallahassee, six of those pertain to Collier County, which is why one of those things are probably needing to get more access and more exposure. They also have had instances on occasions where the high number of cases, they've gone to the individual counties and sought resolution or mediation at the county level so that the folks didn't have to travel to Tallahassee. We've conducted many instances where reviews or other aspects have been taking place on teleconference so the people or the persons don't have to travel to Tallahassee and incur that expense. But they do have enforcement power and they do have the training there, Page 136 December 17, 2002 because there are five attorneys that are totally autonomous, 34 investigative staff, an intake staff, .and a closing or docket staff so that they can pursue and completely clear out those -- those cases. We, speaking on behalf of the commission, want you to move forward with the type of human relations ordinance that you feel is comfortable and necessary for the residents and the citizens of Collier County, also to be able to stand ready, willing and able to help partner those aspects. I also feel that it wouldn't be out of line for me to ask you to main -- to allow us to maintain our investigative and judicial process, because after 25 years of doing this, you get to know the procedures and the policies quite well, and there are some very definite guidelines as we get better -- as I get better trained in it that I'm recognizing in terms of where the limitations are within those aspects, and it will take someone a long time to get that up to speed. We also meet quarterly, but we have a three-member panel of the commission that reviews the recommendations from our staff and from the process. We have a quasijudicial hearing. Those are held throughout the entire year. So, Commissioner Coyle, a person comes, gets a complaint, the intake staff takes all of their information, they pass it along to the investigative team, they review all the material, get the subpoenas or whatever other aspects, because the department has subpoena power, pass it along to the attorneys, they draft a -- a memorandum of law, pass that along, we hold a hearing. The complainant and the petitioner -- the petitioner and the respondent are there. They provide for that. The commission -- the three-member panel of the commission then reviews their testimony and we forward that along then with a recommendation, and that can either be upheld by an administrative law judge or can be rescinded or reviewed. CHAIRMAN COLETTA: Very impressive. Can you stay there for just a minute, Mario. I think there may be some questions Page 137 December 17, 2002 coming your way. MR. VALLE: Sure. CHAIRMAN COLETTA: We'll start with Commissioner Halas, then go to Commissioner Coyle. COMMISSIONER HALAS: This question -- this question is directed to Ms. Jackie Robinson. Jackie, in the course of somebody placing a complaint and like -- as you said, that they were under oath, what happens if this is found out to be a complaint that was filed incorrectly? What course of action does the person who had this filed against them -- what recourse of action would this person have? MS. ROBINSON: Bear in mind that there are no procedures in place. Those procedures would have to be drafted and presented to you as the member of the Board of County Commissioners for approval. The purpose of Mr. Valle's presentation, in addition to the presentation we've already made, is that obviously there could be cooperative efforts with the state agency with our local agency. COMMISSIONER HALAS: Thank you. MS. ROBINSON: And they could help draft the procedures. COMMISSIONER COYLE: It's my mm. CHAIRMAN COLETTA: Go ahead, Commissioner Coyle. COMMISSIONER COYLE: Forgive me for belaboring this issue, but by nature, I am reluctant to get involved in something unless I know how it works, and so I need to understand the process. I'm still concerned about slowing down the complaint process, and I want to avoid that. So if we have someone who has a human relations complaint, the most efficient thing for them to do is to take it to you right here in Collier County? MR. VALLE: They take it to me, and I make sure it gets up to Tallahassee. COMMISSIONER COYLE: Yeah. That's the most -- that's the Page 13 8 December 17, 2002 most efficient thing to do. MR. VALLE: Actually, the most efficient thing to do would be to -- I'm sorry. The most efficient thing to do would be to download the appropriate forms off the Internet, complete those, and send those to -- to the office in Tallahassee, that way your complaint is placed under a priority status, and the intake team can start working on that case diligently right away. COMMISSIONER COYLE: So as I see it then, encouraging people to send their complaints or to make a complaint through the human relations commission that we are considering here seems to me to be slowing the process down. Now, I can see a very valuable service for the human relations commission, but I -- I'm at least at this point a little reluctant to see them get involved in the process of receiving a complaint, making inquiries or having the county manager do it. I think we could serve a very valuable, that is the county government, could serve a very valuable function by setting up the website links and making sure people know where to go. My only hangup at this point in time is, I'm concerned about the language in this ordinance which deals with receiving a complaint, reviewing a complaint or forming an opinion on a complaint, doing an inquiry and/or investigation, however you wish to term it. That bothers me. I understand why you want to do that on an after-the-fact basis. Let's get the complaint in to you, let's get it working, let's get somebody investigating it and trying to deal with it, and then provide the circumstances to the Collier County commission, human relations commission, and then they can look at it and advise us how we're suppose to solve that problem -- keep it from occurring again in the future. MR. VALLE: Correct. COMMISSIONER COYLE: But I have a real hard time seeing Page 139 December 17, 2002 how it's going to work if we want to insert the Collier County human relations commission into the process you already have working. Does that make -- MR. VALLE: I tend to view it in a similar light, Commissioner Coyle. COMMISSIONER COYLE: Okay. MR. VALLE: There is that aspect, there is the aspect that concerns me, because I'm a resident of Collier County, that we have an entity that is going to do an investigation that may involve someone in county government. If you-- if you wanted to come back at it and say that -- I know there's been some belaboring points with regards to the utilities manager that was in the paper, that is not a forum to hold it. I don't believe that that's a forum with which to do an investigation because it can put the county in a situation where the appearance of a conflict of interest may come into play, and I think we've gone through enough of that in Collier County that we should try to avoid that as much as possible. COMMISSIONER COYLE: Okay. Thank you. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: I understand, and I don't to want to duplicated government, but in -- you know, we have six cases that you cited. Is that in the past few years or the history of-- MR. VALLE: In the past few years. You would say -- I would venture to say that we're trying to clean up what the previous executive director has done. And so if you have a backlog of those six cases over a two-year period of time, that would be relevant. Now, with regards to the availability of a forum for which to participate, maybe we're holding that number down. But if we make that accessible to folks on our website, then we're doing both of ourselves a great service. Where the human relations commission from Tallahassee or the state human relations commission views the importance of localized Page 140 December 17, 2002 human relations commissions are to develop the interpersonal relationships from typically or traditionally opposing viewpoints or groups so that as to prevent any future civil unrest or misunderstandings that might occur in the future. COMMISSIONER HENNING: And I see that, you know, we've had a pretty good record here in Collier County. I think it would be important to keep that record. And I think there's opportunities here in Collier County to educate the public through awareness about discriminations against our citizens and our visitors of Collier County. MR. VALLE: Yes, sir. From 1999 to 2000, the state agency had 197 -- 185 community outreach training and contacts. In 2001 to 2002 we had 527, so we're trying to diligently work on improving that outreach and that source of information and guidance for the local, state -- the local agencies at the local level. CHAIRMAN COLETTA: Mr. Valle -- I'm sorry, go ahead, Commissioner Henning. COMMISSIONER HENNING: Commissioner Coletta, we have a number of speakers, and I think it's important for us to get to them. We have a number of residents of Collier County here to speak, and I understand that we have a lot of visitors, since we are a destination community. And I think it is important to hear from both of them, but I would like to distinct (sic) some of those visitors who probably have cases in their community and how their elected officials deal with issues like this. So if we can state for the record, besides the name and address, but what community you're from, and maybe we can get some of that input for us to make an informed decision. CHAIRMAN COLETTA: That's very well put. Meanwhile, Mr. Valle, will you be available if we have further questions for you? MR. VALLE: Sure. Page 141 December 17, 2002 CHAIRMAN COLETTA: If not here, can we reach you possibly by phone? MR. VALLE: Absolutely, Commissioner. CHAIRMAN COLETTA: We do appreciate you volunteering your services with the state and also appearing before us today. MR. VALLE: Thank you, Commissioner. COMMISSIONER FIALA: Are you the only one in Collier County? MR. VALLE: In Southwest Florida, yes, ma'am. So it would be like from Charlotte, Lee, Collier County. But we represent all the citizens of the State of Florida. CHAIRMAN COLETTA: Thank you very much, Mr. Valle. MR. VALLE: Thank you. CHAIRMAN COLETTA: We're going to go on to the speakers now. Before we do, I'm going to go over a couple of notes as far as what the rules are and how we can make this flow. Overflow -- if we have an overflow crowd here and we need more space, there is space in the hall and also at the Elections Office for anyone that desires a seat. This meeting is presently scheduled to end at six p.m. this evening and reconvene at nine a.m. Wednesday morning. We may very well be able to hear from everyone today that wishes to speak before six o'clock. If we are close to concluding this proceedings at six, we may keep the proceedings going forward rather than continuing it for tomorrow. We'll address that when we get closer to it. But in any case, if we get too late into the evening, I can assure you, we're less effective and I'm sure your presentations won't have as -- won't be as sharp as they would be earlier in the day. We have how many speakers signed up to speak? MS. FILSON: Eighty-five. CHAIRMAN COLETTA: We have 85 speakers, and that's absolutely wonderful, because we do want to hear everybody's Page 142 December 17, 2002 opinion, we want to -- your experiences, your beliefs, we want you to express it; however, I'm going to request of you -- and it's very important that we show respect for each other. If you like what you hear, you may give a polite applause. I don't want to hear any booing, any hissing, any negativity at all. We're here to show respect to each other, and I expect everybody to hold to that, and I will remind you if we get out of line in that particular instance. If you believe that the previous speaker, one of the previous speakers, has stated the -- your case well enough that you don't want to appear before this commission, you have the option to do what we call waive, and you do it like this (indicating). Also at that point in time, you can express your opinion from the audience if you're in favor or if you're opposed -- opposed to this particular ordinance. We'll allow you to do that. But in the meantime, everyone is welcome to speak, and we do welcome you to join in at any time -- well, when you're scheduled to speak. And with that, you want to -- MS. FILSON: How many minutes? CHAIRMAN COLETTA: Three minutes, there is three minutes allowed. And with that we're going to call the first speaker, and there'll be a backup speaker. I'm going to ask the backup speaker to be standing fairly close to this wall over here and ready to go when the first speaker finishes, then we'll have a regular rotation going. Please call the first two speakers. MS. FILSON: The first speaker is Chuck Mohlke. He will be followed by Ann Jacobson. MR. MOHLKE: My name is Chuck Mohlke. I'm a resident of Collier County. Today is my 31 st anniversary of coming to Collier County as a full-time resident. Page 143 December 17, 2002 Commissioners, I want to begin by associating myself in their entirety, in their entirety, with the comments of Jacqueline Hubbard Robinson. Her very complete description of the ordinance, her very forthcoming responses to the questions and comments of commissioners, I think, were timely, accurate and deserve support from those of us who support without qualification, without qualification, the ordinance as it has been presented to you today. I have some additional remarks because I'm due at my obligation at two o'clock to be at meeting at the Collier County Public School administration office on school facility planning. So I took the liberty of sending my remarks to you by email, and I will leave these remarks with the county attorney for you to peruse at your convenience. But I want to state as strongly as I possibly can one of those remarks for your consideration now, and that is that diversity ought to be the dividing principle in respect to employment, education, medical care, commercial transactions and all access to public places and public services to ensure that no individual is discriminated against because of-- upon race, color age, gender, national origin, religion, marital status, sexual orientation or disability. Having some modest role in the early stages in regard to this matter, I think it is instructive to look at the listing of the items which I just repeated to you, beginning with race and concluding with disability. That list was more modest at the beginning, and the additions of some of these categories came as a consequence of spoken remarks in meetings authorized by this board and conducted by the county attorney's office and Mr. Och's office that ensures me that you have seen incorporated in the ordinance as explained to you by Attorney Robinson the important comments made in those meetings and the desires of those who spoke. I thank you very much for the opportunity to make these Page 144 December 17, 2002 comments and wish you well in the deliberation of this important ordinance. Thank you. CHAIRMAN COLETTA: Thank you, sir. (Applause.) MS. FILSON: The next speaker is Ann Jacobson, and she will be followed by Robert Canyon. MS. JACOBSON: I'm Ann Jacobson. I'm a resident of Collier County for the last 11 years. I want to compliment the commission, commissioners, for bringing forth this ordinance to us. I'm the chair of the community relations committee of the Jewish Federation of Collier County. In regard to the Collier County human relations ordinance, we strongly support the creation of this human relations commission, which we feel will provide a legitimate forum for complaints, for education, and for issues relating to discrimination. We are a community that celebrates diversity and disdains intolerance and inequity. This is what America is, a country that dares to end discrimination in all its disguises and strives to embrace and establish justice for all. Constitutional principles such as free speech, freedom of religion, safety in the home and the workplace, and the inalienable right to grow to our fullest potential while we are blessed with life is essential in our county, in our country, and in the whole wide world. We must adopt the ordinance to create a human relations commission that honors the law that asks us to do so, namely to safeguard people's rights and work towards ending all discrimination on the basis of age, disabilities, gender, marital stares, national origin, race, religion, and sexual orientation. To do it any less will cast Naples and Collier County in a light not becoming to this cultural, humanitarian and cosmopolitan nature of our fair community. Page 145 December 17, 2002 We are and must remain a beacon of tolerance and humanitarian justice for all, for all of our inhabitants. For this reflects America, our beloved country at its very core. Last week I attended the character council meeting -- and I think you were present at that -- to establish Collier County as a community of character. What does that really mean? Character is the inward motivation to do what is right. Whatever the costs, Collier County can show its character first and foremost by doing the right thing by creating a human relations commission. Thank you very much. CHAIRMAN COLETTA: Thank you. (Applause.) MS. FILSON: The next speaker is Robert Canyon, and he will be followed by the Reverend Kathleen Korb. CHAIRMAN COLETTA: Once again, whenever you come up to the mike to speak, even though you've been introduced, state for the record your name. MR. CANYON: My name is Robert Canyon, and I have been a resident since 1976. And I was bom blight and male, and I have a lot of experiences in my lifetime with discrimination. Today I wonder, would it have made any difference if I had been gay black or gay white. If sexual -- if sexual orientation is not included in the ordinance, I, a black man who has been discriminated against in Collier County three times, in Collier County government three times, and four times in the office of the sheriff's department -- we need to make sure that this doesn't happen to others in our society. Because of who I am, I foresee a very dark future for gay and lesbian minorities. We must protect them. So you understand I'm speaking today because I believe the word sexual orientation in the human rights ordinance is for betterment of our residents of Collier County. Page 146 December 17, 2002 I am trying to understand how we can have a human relations commission which excludes certain people. Every minority needs to be accounted for in this ordinance. I have been a Republican for over 30 years. I have been actively trying to recruit blacks to the Republican party. This has been an impossible task because of the party's poor image with minorities. Two years ago when I tried to qualify as a candidate for the office of Collier County sheriff by getting a petition signed, I could not get enough signatures from the black and Hispanic communities, not even the members of the NAACP would even sign the petition. Why? Because I was a Republican and what the Republicans stand for. The question asked of me on many occasions, why are you a Republican? Republicans are racists, bigoted, homophobic and don't care about people. We have a Republican county commissioner (sic) here. We have a great opportunity to show the people here in Collier County that we care about people. I am concerned when we have Republicans like Trent Lott and Mike Carr, our own Republican leader, in Collier County speaking out against human rights. Our image is a mess. We need to change it. It's time for our Republican Board of County Commissioners to take a strong moral stand on equality and justice for all. (Applause.) CHAIRMAN COLETTA: Thank you, Mr. Canyon. MS. FILSON: The next speaker is Reverend Kathleen Korb, and she will be followed by Wendy Gregory. MS. KORB: I'm Kathleen Korb. I've been a resident only a short time when I was called to be minister of the Unitarian Universalist Congregation of Greater Naples, which has voted to welcome and include all the protected classes in this proposed ordinance. Page 147 December 17, 2002 It is in a way too bad that so much extraneous debate has had to obscure a discussion of the importance of the ordinance itself and its details of the need for a local body to whom those who feel that they have been discriminated against can go for recourse, but I don't think that really is in debate. In debate is what classes should be protected. Some people have said that such classes should not even be listed, that discrimination is simply wrong. Well, some discrimination is necessary. In employment, for example, we need to discriminate on the basis of talent, experience and training. In housing, we might need to discriminate on the basis of rent-paying history. It's therefore clearly necessary to list on what basis it is not all right to discriminate. The one that people are not agreed upon is sexual orientation. Most people believe that homosexuals are already protected by state and national anti-discrimination laws. In this room we think they are not. To remove them then from the list of protected classes in this ordinance is to proclaim to the world that Collier County believes that it's all right to discriminate against these people on no basis except their sexual orientation. And I can't believe that you want to do that. I've been listening carefully to the arguments for removing sexual orientation as a protected class from the ordinance, and the only one that I've heard that is not clearly based on ignorance or simple premise is the religious argument. This position is that of a particular interpretation of a particular religion, one that is not even shared by most of its adherents. For this commission to be persuaded by such an argument is to establish that particular interpretation of religion as the decision-making body for this county, at least in such a case as this. And that is in opposition to the constitutions of the State of Florida and the United States. So I urge you to retain the list of Page 148 December 17, 2002 protected classes as they are presently proposed. Thank you. CHAIRMAN COLETTA: Thank you. (Applause.) MS. FILSON: The next speaker is Wendy Gregory, and she will be followed by Ellie Cantor. MS. GREGORY: I am the mother of a gay, talented, wonderful man. My significant other just left. He's a black man, and we are raising-- interracial child. I support the ordinance as it stands without any changes. And I'd like to read something to you, a poem by Anato Broud (phonetic). We are here to create and not destroy. We are here to love and not to hate. We are here to bind and not divide. For in one world we can reach the stars. In one world we can span the universe and search for the clue of the beating of the heart, for the source of the warming sun. We can build a world of the free. We are restoring the birthright of every human everywhere, if we stay united, if we stay strong, if we listen, think, and then do, if we accept the burden of freedom and never fail to defend it. For the power of the universe is in our grasp to use for the good of all humankind. May it be with us in peace, may it be with us in wisdom, may it be with us for all time. Are those opposed to including sexual orientation in the proposed ordinance saying that gays and lesbians should not have the same rights enjoyed by the rest of society? Gays and lesbians are discriminated against. Ask them. They are the victims of hate crimes. Remember what happened in Texas and what happened in Wisconsin. We should all grieve the indignities they suffer and we should do all we can to change the situation. Gays and lesbians are our daughters, our sons, our brothers, our sisters, they are our friends, they are doctors, they are lawyers, they are teachers, they are -- serve our country in the military. They are Page 149 December 17, 2002 public officials. They are human like us and make valuable contributions to our society. Not to choose sexual orientation in the proposed ordinance can only encourage hatred and disrespect for dignity and worth of individuals. This can only result in the same mentality that so-called undesirables, many of whom were homosexuals, were brought to their death in concentration camps during World War II. And the same mentality which incites terrorists to violence against their fellow men. How can we even sit here debating this issue after 9/11 when a group of bigots killed and maimed innocent people because we're different? Our Founding Fathers were wise when they chose to separate church and state so that no religion or creed can dictate our resent decisions. I believe in the last two lines from America the Beautiful, and crown thy good with brotherhood, from sea to shining sea. And remember that this is a country which prides itself on promoting justice and human rights around the world, and we should be ever vigilant to do the same in this country. CHAIRMAN COLETTA: Thank you. (Applause.) CHAIRMAN COLETTA: Before we go to the next speaker, as part of our agreement with the court reporter here, we're going to take a break, short break of 10 minutes like every hour and a half. We will reconvene here at a quarter of, and I expect everybody be back on time. (A recess was taken.) CHAIRMAN COLETTA: Please take your seats, ladies and gentlemen, and we'll proceed where we left off. Seats, please. Ladies and gentlemen, will you take your seats, please. MR. MUDD: Ladies and gentlemen, if I could please get you to take your seats. Page 150 December 17, 2002 CHAIRMAN COLETTA: Okay. Please proceed, Ms. Filson. MS. FILSON: The next speaker is Ellie Cantor. She will be followed by Sandra Brown. MS. CANTOR: Yes. My name is Ellie Cantor. And while I serve as the democratic state committee woman of Collier County, I'm here because I serve on the Democratic Executive Committee, Affirmative Action Committee. It is chaired by Elma Cambridge, who regrets that because of personal reasons, she is not able to be here today. I also have been appointed to the Florida State Democratic Executive Affirmative Action Committee. I do believe that the Democratic Executive Committee, or DEC as we refer to it in Collier County, was one of the first to review and return the draft of the proposed ordinance. I personally have seen many changes in the 14 years that I've been in Collier County, and hopefully and ideally we'll continue to meet the needs and recognize the need for change, which includes the growing diversity in our county. The human relations commission says they will protect the interests, the rights, the privileges of all Collier County citizens. If we eliminate any group that is in this proposal, I think we are defeating the purpose of the human rights commission in total. It may not be entirely the answer, but it certainly is a start. The list I refer to, of course, is the first paragraph in the ordinance, and it says it is based on race, color, sex, age, national origin, religion, marital status, sexual orientation or disability. I realize, and it's been made certainly clear to us today, if there was any misconception, that the human relations commission is not an enforcement agency, but it is a forum. If we were to eliminate the basis of the list, then I really don't know what the purpose is of this human relations commission. The affirmative action committee again of the DEC supports Page 151 December 17, 2002 strongly this language, this list, the language that says it will consider problems that threaten equal rights and opportunities, and I presume that that means for everyone. Everyone in Collier County has a right to come before the human relations commission, and so it should be. I see us as no different than anyplace else in the country. We are a melting pot. We're not unique in Collier County, and we need to do here what we're trying to do all over the country, and I hope that the commission becomes a reality and that this language remains in it. Thank you. CHAIRMAN COLETTA: Thank you. (Applause.) MS. FILSON: The next speaker is Sandra Brown. She will be followed by Howard Simon. MS. BROWN: Good afternoon. I'm Sandra Brown, vice-president of the almost 300-member Greater Naples American Association of University Women. For 120 years, AAUW has supported equity for women and girls and the civil rights of all individuals. We oppose discrimination of any kind and support the creation of the human rights -- human relations commission to review complaints of discrimination which will benefit Collier County by addressing conflicts and easing tensions. Currently there is no -- no place or body locally to do that. Passage would identify Collier County as a community which values equal treatment. Passage would permit persons who believe they have suffered discrimination to file a complaint, not a lawsuit. Passage would extend a basic equal right that everyone deserves. Passage would join us with other progressive Florida communities that have recently decided discrimination based on sexual orientation should be as illegal as discrimination based on the other reasons, on any other reason. Historically we know from bitter experience that many have Page 152 December 17, 2002 been mistreated. But today, you have the opportunity to provide dignity to all citizens of Collier County by passing this ordinance. Thank you. (Applause.) MS. FILSON: The next speaker is Howard Simon, and he will be followed by Flo Beckler. MR. SIMON: Good afternoon. I am not a resident of Collier County. I'm a resident of Miami-Dade County. I am the director of the American Civil Liberties Union, the ACLU of Florida. I drove over from Miami to speak with you with this, and I hope you'll bear with me if I just go 30 seconds over, but I'll try not to. I want to applaud and support your efforts to address problems of discrimination in this county by creating a body that would hear complaints, investigate complaints, resolve disputes, through public education outreach, maybe even prevent other incidents of discrimination. The purpose of this ordinance, by the way, is completely, I think, different than the outline given to you by the state person. It's not an individual complaint as a prelude to litigation. I think it's to air some public discussion about policies that are generally discriminatory and hopefully to peacefully resolve those things. So it has a different purpose than the state civil rights commission. My understanding is that there is no such entity here in Collier County, and I want to urge you to bear in mind that I think most every county and every community in this country has some form of commission or entity or body whereby an aggrieved party can file a complaint and air a grievance and have that grievance investigated. I want to urge you to, when you consider the usefulness of this -- and I do think it will benefit this community -- to bear in mind what message you're going to be sending to the community and to all the visitors that come to this community. And I hope that message will be the simple one, that discrimination is wrong, that all forms of Page 153 December 17, 2002 discrimination are wrong, and discrimination against all people is wrong. Now, you're going to hear from lots of speakers that are going to try get this all caught up into grand big, ideological warfare, but I want to urge you to keep your eye on the ball of the very narrow focus on this ordinance as outlined by your city attorney, that it is -- has a very narrow focus to create a commission. There are no rights created in this ordinance whatsoever. There are no causes of action. I must say to you, honestly, I'm disappointed by that. I wish it did go further. Most counties and most cities, a lot of them in this state, from Miami-Dade to Monroe to Alachua to St. Petersburg -- Sarasota, as you may know, passed by referendum 3-to-1, in a referendum just a few weeks ago. The voters adopted ordinances that, in fact, affirmatively stated that people shall have rights. This ordinance does none of that. And please don't be seduced into thinking that you're creating special rights or declaring that there are -- that there are civil rights. If you don't mind, I'll go 30 seconds over on this. CHAIRMAN COLETTA: I'm going to ask you to keep it within a minute, sir. Please wrap up. MR. SIMON: I will keep it within a minute. In any event, I want you -- please bear in mind, that there are no special rights created, there are no causes of action. This is a commission to air grievances publicly. I want to also urge you not to think of this as a gay rights ordinance. In fact, gay businesses that would discriminate against people who are not gay would be guilty of sexual orientation discrimination. People who are not gay who are perceived to be gay incorrectly would be victims of sexual orientation discrimination. So I want to just concluded by urging you to think about carefully what message you're sending not only to the community but to the thousands of people that come and visit and vacation in this Page 154 December 17, 2002 lovely community, as I have done on many occasions. And I want to urge you to think carefully about not saying to this community that some forms of discrimination are okay and some forms of discrimination are not okay. All discrimination against all people is wrong. And it's wrong regardless of what the law is. Discrimination based on race was wrong before Congress enacted the 1964 Civil Rights Act. Discrimination based upon a disability was wrong before the first President Bush assigned the Americans with Disabilities Act. Discrimination is wrong whether or not the law has caught up with us on that, and please make that general statement. Thank you. CHAIRMAN COLETTA: Thank you. (Applause.) MS. FILSON: The next speaker is Flo Beckler. She will be followed by Dr. Dana Finnegan. MS. BECKLER: My name is Flo Beckler. I'm a resident of Collier -- full-time resident of Collier County with my husband of 52 years. First I want to thank you for your genuine concern in seeing the need for a human relations commission. I strongly support your interest in providing some local recourse to victims of discrimination. I believe it's important to -- for Collier County to protect all groups with the history of exclusion, including sexual orientation. Doing so sends a message that Collier County supports tolerance and diversity. Our daughter, who lives in Australia, is a successful entrepreneur. She's very generous and kind and a very spiritual person. She's also gay. While she will be unaffected by your decision today, we join in support of gay men and women living here, and everywhere, productive citizens here who every day are making a difference in our community. Our gay friends in Naples include a hospital Page 155 December 17, 2002 administrator, a financial advisor, a corporate trainer, a successful realtor and a bank president. In the last two years, however, several of our gay friends have chosen to leave Naples because of its level of intolerance. Their departures constitute a loss not only to the friends but to the community at large. Twelve Florida cities have already banned discrimination on sexual orientation, as you know. The time is right to implement the commission in Collier County including sexual orientation. I urge you to demonstrate your leadership and let's move on. It's the right thing to do. (Applause.) MS. FILSON: The next speaker is Dr. Dana Finnegan, and she will be followed by Don Diogenes. DR. FINNEGAN: I'm Dana Finnegan. I'm a resident of Naples. And I want to thank the commission, first of all, for considering this and framing this ordinance in order to address the crucial issue of discrimination in Collier County. I applaud your courage and your foresight. I wish to speak today both as a resident of Collier County and as a gay woman. For much of my life I have been subjected to discrimination in many and different forms, silent, verbal and sometimes indirect action. As a psychotherapist working at a counseling center, I have the painful experience of being fired because I am a lesbian. How I do know that? Because I asked my boss if that was the reason, and he said, yes. At the time I had no recourse. I had no voice. I had nowhere to go with any complaint or any way to make my voice heard. That happened about 25 years ago, but it happens in the present all the time, here and now. This ordinance will provide a voice. It will provide recourse to those who are discriminated against here in Collier County. This is Page 156 December 17, 2002 not just gay people, by the way. I -- obviously there are all these different groups that need protection too. But I urge you to keep sexual orientation in the group of protected categories. That will send the message that discrimination is wrong and that there is hope for redress. There is a place to give a voice. Thank you. (Applause.) MS. FILSON: The next speaker, Don Diogenes, I believe he waived. The next speaker, Claire Desilver. She will be followed by James Edwards. She waives. James Edwards, he waives. Daniel S-C-H-A-L-L-M-O, Schallmo. He will be followed by Ken Melby. MR. SCHALLMO: For the record, Daniel Schallmo, associate pastor, First Baptist Church of Naples. I have a letter that I'd like to read from our pastor, senior pastor, Dr. Wicker, who is not able to be here today, and he regrets, for personal reasons, he's not able to be present. This is addressed to Honorable Commissioner Jim Coletta and the commissioners, and this is regarding this petition that I have supplied copies of previously. Dear Commissioners, in addition to our previous correspondence dated December 10th, from Dr. Hayes Wicker, enclosed are an additional 125 signatures. This brings our signature total to 1,016, including the 891 we submitted last week. These signatures represent individuals who oppose inclusion of sexual orientation as a category of the protected class and the formation of this human relations commission. We believe that the rights of all are protected under current law. First Baptist Church, Naples, takes a strong Biblical stand for equality and affirms the Biblical standards of right and wrong associated with sexual orientation. In the interest of time and with your permission, I'd like to ask members of our church and attendees of our church if they could stand-- and to affirm this petition. Page 157 December 17, 2002 Commission? (Applause.) MR. SCHALLMO: Again, we prayerfully urge you to consider the opinion of those names whom we are submitting. The cross-section of the community is already represented, and we are opposed to the establishment of this commission as it is currently written. Thank you in advance for voting no for this human relations commission, thank you. (Applause.) MS. FILSON: The next speaker is Ken Melby, and he will be followed by Jack Abney. MR. MELBY: My name is Ken Melby. My wife's parents retired in Naples in 1972. She's been coming back and forth for 30 years, and we live here now full time as residents for almost eight years. I'm opposed to the term sexual orientation being included in the purpose, intent and definition of this human relations commission ordinance. I care for the homosexual but I do not approve of their lifestyle. I have friends and distant family members who are homosexual and some who have been wonderfully delivered from their homosexual lifestyle and are now in the ministry giving their lives to offering hope to the homosexual community. I believe to have the term sexual orientation included in this ordinance as quote, members of a protected class, is a distortion of the tree purpose and spirit of this ordinance. According to legitimate surveys, the homosexual community represents approximately one percent of our population. We are one nation under God, and our constitution guarantees and protects our freedom of religion. God has approved of and instituted the sanctity of holy matrimony between a man and a women. We have no control over Page 158 December 17, 2002 race, color, sex, age, and national origin, and, therefore, all of these should not be discriminated against and should be protected classes. The homosexual community does have an agenda to desensitize our government officials and our community to accept their lifestyle as normal. The homosexual activists have been successful in other communities by promoting the concept that one would be expressing bigotry or hate by opposing their lifestyle. This is wrong. We need to take a stand and not compromise or give in to these pressures from a few. Please delete the term sexual orientation from the ordinance. (Applause.) MS. FILSON: The next speaker is Jack Abney, and he will be followed by Gerald Noonan. MR. ABNEY: I'm Jack Abney. I'm a businessman in Collier County, lived here 15 years. And listening to Mr. Salley (sic), it seemed like the only new thing this ordinance would do would be to establish sexual orientation as a protected class. I'm opposed to that, and there are reasons why. The assumption in this policy is that people practicing homosexual behavior are a minority group in a special category from other people and that they're in need of special protection based on homosexuality or some other sexual orientation. Also it is to be assumed there is a genetic basis for homosexuality or bisexuality or whatever orientation they may have. What are the problems with this? The problem is an underlying message that homosexuality and other sexual behaviors that violate common morals are acceptable in the community for anyone who wants to engage in such behavior. While not defined in an ordinance, sexual orientation could include any sexual behavior, such as homosexual and bisexual promiscuity, orgies or group sex, masochism, sex with animals, and Page 159 December 17, 2002 you could go on. Those are sexual orientations. UNIDENTIFIED SPEAKER: That's right. CHAIRMAN COLETTA: I'm going to ask you to refrain. We're going to show everybody the dignity that you expect yourself. Let them state their opinion. This is your time up. Keep your opinions to yourself until you get up here to the podium. MR. ABNEY: This policy, in effect, labels all objections to homosexuality as unacceptable rather than identifying the dangers of unhealthy behavior as a problem. Homosexuality has never been shown by any controlled scientific study to be determined by genetics. Sexual practices can and do change over time, but this policy ignores that change and assumes it does not matter what type of sexual behavior a person desires. What are the results.9 Students, teachers, and employees who want to engage in homosexuality, bisexuality and other sexual experimentation are protected in doing so, and in expressing this to others in the community, business place and school system, this, in essence, becomes an endorsement of the behavior that should be discouraged for the good of the community and for youth who may feel confused by their sexual desires. Even reporting of news is affected when special attention is given to homosexuals. This is seen when news reporters avoid the use of the term homosexual when reporting sexual crimes against boys and male teens, such as in the recent cases involving a large religious organization. There are many other reasons why we should delete the term sexual orientation. Thank you. (Applause.) MS. FILSON: The next speaker is Gerald Noonan, and he will be followed by Rick Hollingsworth. UNIDENTIFIED SPEAKER: Mr. Noonan had to leave. Page 160 December 17, 2002 MS. FILSON: Okay. Rick Hollingsworth. He will be followed by Marco Geri. MR. HOLLINGSWORTH: My name is Rick Hollingsworth. I am pastor of Church of Grace here in town. I've been a full-time resident for about 10 years. You know, I start off with a religious perspective, I guess, because I'm a pastor. I can't help but speak that way. In the beginning God created the heavens and the earth. He created man and woman. It doesn't stretch the imagination to consider God's plan was not for man to sleep with man or woman to sleep with woman. Well, you might say you don't believe in creation, but rather that mankind evolved. Yet, even in this belief it takes a male and a female to continue mankind. Even in science, it takes male and female genes to reproduce. So why should we make a group of people who, by their own will of choice, have supported a lifestyle that contradicts the laws of God, the laws of evolution and the laws of science to become a protected class of people? As to protection of individual rights to believe whatever they choose to believe, isn't this already protected by the constitution and the laws of our country? Even God allows mankind to choose who they will serve. The seal behind your heads states, in God we trust. The shallowest amount of research will prove that our Founding Fathers' intent was to provide this country the right to serve the almighty God, not a God. The religious freedoms provided by our Founding Fathers was to found our country and this county on the principles of the almighty God, allowing the freedom of individuals to choose, yet without shaking that foundation of standing on the rock. Today we can no longer state that this country is founded on the Page 161 December 17, 2002 almighty God. This was not the intention of the Founding Fathers. Isn't it a shame that the righteous purpose of this ordinance protecting individuals from violence and ridicule has so been clouded by sexual immorality? This is not really about human relations as it relates to minorities. If it were, there would be a large representation of blacks and Hispanics here today. God, in his infinite wisdom, allows mankind to choose a life of sin or a life of righteousness. We should be no different. I stand against violence and the ridicule of individuals for choices that they have made. Jesus, when he was confronted by a prostitute, knelt at her feet and simply stated with a humble heart, go and sin no more. There is one thing that I must clarify for the commissioners. Yes, there was an ad run in the Naples Daily News, and it was sponsored by churches and businesses of this community with the intent to bring public awareness to this issue, and there's been an accusation made by the media that these companies that sponsored this ad were not real companies. Well, I want to tell you, they were. And if you would desire to know their names and the individuals owners, I'd be glad to give them to you. CHAIRMAN COLETTA: I'm going to have to ask you to wrap it up though, sir. MR. HOLLINGSWORTH: Done, thank you. CHAIRMAN COLETTA: Thank you. (Applause.) MS. FILSON: The next speaker is Marco Geri, and he will be followed by Don Tomei. MR. GERI: Thank you very much for giving me this time. CHAIRMAN COLETTA: Would you state your name for the record, sir. MR. GERI: Yes, sir. My name is Marco Geri, and I'm a resident of Collier County. Page 162 December 17, 2002 CHAIRMAN COLETTA: Thank you. MR. GERI: I love homosexuals. I do not approve of what they do. God loves homosexuals, and he does not approve of what they do. God is not a tolerant God, and it says so in his word. This ordinance as passed with sexual orientation included, this takes one more step backward in our country toward the Founding Fathers and what they've stood for and the Christian principles in which they founded it in. You as the commissioners will' be making a decision now, and then in the judgment time a decision will be made against you. You have the choice now to affect our children and our grandchildren with the choices you make and the decision you make here today, so I ask that you make the righteous one. Thank you. (Applause.) MS. FILSON: The next speaker is Don Tomei, and he will be followed by Jerry Rutherford. MR. TOMEI: My name is Don Tomei. I've lived in Collier County for about the past 17 years. I'm a former firefighter at City of Naples and North Naples Fire Department. First, after listening to the fellow with the state civil rights commission, I kind of think that this exemplifies the oxymoron of bureaucratic redundancy, but -- because I think they're doing a lot of things that we're asking to do. Second off, I believe there's a lot of well-meaning people here that I've heard from both sides, but I think the well meaning -- and there are some well-meaning people in support of this proposal as it stands, but there are those with an agenda to use seemingly a lick of truth to disguise upon a poison. I'm against the wording of the ordinance. I believe sexual orientation in particular is, as a protected class, is kind of dangerous to get into. It's like, where do we end? You know, next do we go overweight? Do we go alcoholics? Do we go, you know, height, Page 163 December 17, 2002 weight? Do we go eating disorders? You know, where do you end on this one? We're supposed to have liberty and justice for all. This in no way means that I don't like homosexuals or that I'm a homophobe. It means that I don't believe that behavior should be considered protected. We know that there's an agenda behind this by the proponents of the wording and that the true intent of this ordinance has been hijacked by them. I believe that the ordinance as its inception state started is honorable, but I believe it has been hijacked. My wife and myself have been foster parents in Collier County for four years, and we do have a hearts of children -- we have hearts for children. The other night while watching some 50's and 60's sitcoms -- it was Leave it to Beaver and that type of sitcom -- it dawned on me that our childhood and your childhood -- we're probably about the same age -- was afforded the opportunity to maintain a level of innocence. Issues such as this would facilitate the teaching in our grade schools, and it even says in there that they'll take it to the schools for different reasons. And it would have -- teach us in our grade schools that Heather has two mommies and it's okay for men to have sex with men and women to have sex with women. We would be responsible for ripping them off of a level of innocence that they deserve, just as we had, that has no right to -- they really don't need to know this at that age. I believe we've lost a whole generation of innocence. I'm able to sometimes counsel with couples that are getting divorced. And I see that while they're arguing back and forth trying to get their point across, that their children become pawns. Their kids are pawns. I don't believe they really want them to be, but they become pawns, and they want to get their agenda across by using the kids, and I see the same things happening with the sexual orientation Page 164 December 17, 2002 crowd. There was a -- words of wisdom that a simple man gave me about 30 years ago. He said, right is right when nobody's doing it and wrong is wrong when everybody's doing it. I have a petition here, signed petitions by 500 people that believe the same thing, that right is right, and I'd pray that you'd make the right decision, a right one. (Applause.) MS. FILSON: The next speaker is Jerry Rutherford, and he will be followed by Dean Helsdon. MR. RUTHERFORD: I'm Jerry Rutherford, over 20-year resident of Naples. I count it an honor and a privilege to be able to speak to you regarding the human relations committee. It may be redundant, but orientation does cover all the following: Gays, lesbians, transvestites, pedophiles, necrophilia, bestiality, sadomaso -- S&M is good enough, and any other perversion. Next there's the matter of minority status. In order to be legally classified as a minority, a group must have a wide-spread discrimination, have experienced a negative economic impact due to discrimination, must have an immutable characteristic that defines it. Homosexuals do not qualify in any of the above. In comparing homosexuals and African-Americans, the differences were pointed out by the Wall Street Journal in a nation-wide study. Since we have a short time frame, I'll just give you some of the things that were said. Sufficient is it to say that legally, financially and educationally, homosexuals are at the top of the class while black Americans are at the bottom of the class. Homosexuals have never been denied the right to vote, faced legal segregation, denied access to bathrooms or restaurants, water fountains or been denied access to business. Black Americans have. In the last 10 years, no judge in Florida has found discrimination Page 165 December 17, 2002 in any case of sexual orientation. My reason for standing against the inclusion of sexual orientation in the human relations ordinance is as follows: In response to your attorney regarding lawsuits, recent court cases show that when sexual orientation is added to the human relations ordinance, standards of faith become secondary. For example, the Georgetown University, a Catholic University in Washington, D.C., was sued by homosexuals because the university refused to allow a gay rights coalition to be recognized or permitted to use university facilities. The university lost the suit because the court stated that the compelling government interest in eliminating discrimination outweighed the interference with the university's religious convictions, and the court compelled the university to open its facilities for teaching that is antithetical in its religious convictions. The adding of sexual orientation to the ordinance is tantamount to breaking the laws of the State of Florida. Statute 800.2, titled unnatural and lascivious acts, states that anal and oral copulation constitute lascivious acts. Are the commissioners proposing to protect a class of people who advocate breaking the law? I believe in you. I believe that you'll do the right thing, legally, morally, and ethically for our community. I hope my faith in you will not be disappointed. I humbly request that no human relations committee be formed and -- or at least that the language not include sexual orientation or marital status. I believe that local groups already formed can handle discrimination problems. Human behavior is a choice, not a characteristic. Thank you. (Applause.) MS. FILSON: The next speaker is Dean Helsdon, and he will be followed by Reverend Ken Chickk. MR. HELSDON: Good afternoon, Commissioners and the Page 166 December 17, 2002 public. It is sad that such an educated society -- CHAIRMAN COLETTA: Would you -- sir, before your begin, state your name and where you're from. MR. HELSDON: I'm sorry. I'm Dean Helsdon. I'm from Naples. CHAIRMAN COLETTA: Thank you, sir. MR. HELSDON: Originally from Canada. It is sad that such an educated society can become so easily deceived. I'm the president and owner of Buy-All, Incorporated. We are a small development company in Collier County. During the NBC News this morning, it was aired that our company was unable to be reached by telephone, Internet or by person, implying this is a fictitious company based on an ad that we had been running to support -- we had supported giving public awareness to this meeting. I believe that we must as a county be prepared for the consequences of sexual orientation. What is next? I am a strong believer that we will be held accountable by God for our choices, including the acceptance of sexual orientation as a protected class. How many generations will be affected by us allowing this amendment to pass? Let's not deceive our Forefathers and/or our children. Thank you. (Applause.) MS. FILSON: The next speaker is Reverend Ken Chickk, and he will be followed by Mordon (sic) Collins. MR. CHICKK: Hi, how are you today? Good to see everybody. My name is Ken Chickk. I'm a pastor here in town. I was a youth pastor here in the community for almost five years and now a pastor of a small church less than a year old here in town. Probably the youngest congregation in town too. Page 167 December 17, 2002 But as a Christian first, I'm driven by love. The second greatest commandment Jesus said is to love your neighbor as yourself. Does love give an inebriated alcoholic keys to a car to drive home or does love drive that alcoholic home and make sure he gets into bed safely? We, as Christians, we love the homosexuals. Hear that. We love the homosexuals. But love doesn't mean that we approve of a lifestyle that statistically in this nation has been proven to be destructive through high rates of alcoholism, drug addiction and sexually transmitted diseases, nor does love allow that lifestyle to penetrate our society and the lives of our children. We feel very strongly that if this passes, our children and our grandchildren will feel the affects of this for years to come, and love says we can't allow this to happen. An old Arabic proverb said -- asks, how do you get a camel into a tent? The answer is, one inch at a time. We see this ordinance as getting a camel into the tent of our community, nose first. Where does it stop, though, as many others have said before me? In ancient times, people built walls around their cities to protect them from the outside elements. And then the -- I'm sorry. People put walls around their cities to protect them from outside elements, the walls of our city and of our country as our political system. Then what they did in ancient times is they put men of honor at the gates of those cities, and those men would allow what would come into that city and what would go out of that city. The men of honor and the women of honor of our time are you, our elected political officials. You are who will allow what will come into our city and what will leave our city. I beg you, I beg you, do not let this camel inch its way into our community. It will inch its way not only into our community but into our schools and into our children. Thank you very much. (Applause.) MS. FILSON: The next speaker is Mordon (sic) Collins, and Page 168 December 17, 2002 she will be followed by Stratton Pollitzer. MS. COLLINS: Mardon Collins. MS. FILSON: Thank you. MS. COLLINS: Thirty-year resident of Naples. We all know someone, someone we love, an acquaintance, a friend, maybe a family member, who is a homosexual. I am not a homophobic, but I am here today to tell you that it is wrong, definitely not to be considered an alternative lifestyle which is, I believe, the real underlying purpose of this proposed resolution. The entertainment world and the liberal arts would have our young people believe this lie. By desensitizing us, we begin to accept what is wrong as not so wrong. This attacks the very heart of family values and moral principles. Remember how great civilizations have fallen into ruin because of sexual immorality. I believe we are in danger of helping history repeat itself if you pass this proposed resolution. We don't want another version of Key West here in Naples. Prejudice is also wrong. I am not insensitive to the terrible suffering so many have been through. The persecution of Jews and of blacks and others at the hands of those over which they had no control. Don't confuse that kind of pain and suffering with the indignation and censure attached to a lifestyle chosen by an individual of their own free will that is against God's will. Homosexuality is a perversion, a perverted lifestyle that isn't God's way. God created man in his own image, male and female. God blessed them and said for them to be fruitful. A homosexual union is not God's plan and it is out of God's will. It's as simple as that. It's wrong and I believe that in your hearts, each one of you know it. You don't have to submit to pressure to do this because others elsewhere have. I challenge you to do what is right and say no, we Page 169 December 17, 2002 don't need this in Collier County. We can respect each other as individuals and live together without validating an immoral lifestyle. Two wrongs don't make a right. For the sake of our youth, reject this proposal. (Applause.) MS. FILSON: The next speaker is Stratton Pollitzer, and he will be followed by Karen Doering. MR. POLLITZER: Commissioners, my name is Stratton Pollitzer. I come to you from St. Petersburg, Florida. I want to thank you for your commitment today to addressing the issues of discrimination in Collier County. Equality Florida works with county commissions across the state. And in an effort to reduce discrimination, our mission is to end discrimination based on race, gender, class and sexual orientation. We have over 100 members in Collier County. I do want to recognize the NAACP for their leadership, and Laverne Franklin for their leadership on bringing this issue forward, and the hard work that's been done over the last year by the many different communities experiencing discrimination in Collier County to put this ordinance together. I want to speak specifically now about sexual orientation, and I want to say that I've been a little nervous about coming down and speaking with you today because this is very painful. You can imagine what it feels like as a gay man to listen to the things that we're hearing in this room today. I believe that we are listening to the very evidence for why we need this kind of an ordinance. (Applause.) MR. POLLITZER: Today in Collier County it is totally legal to fire someone from their job, to evict them from their home, to deny them food at a restaurant simply because of their sexual orientation. It's legal and it happens and we track it at Equality Florida because people call us when it happens. Page 170 December 17, 2002 And when they call us from Collier County, we tell them, I'm sorry, there is nothing we can do. Most of Florida currently protects people from discrimination based on sexual orientation. Twelve cities. More than 10 million Floridians live or work in a community where sexual discrimination -- discrimination based on sexual orientation is illegal. Every single commission and city council that has looked at this issue in recent years has come to the same conclusion, this kind of discrimination exists, it's wrong, and there's something that we can do about it. If you remove sexual orientation from the ordinance today, it will be worse than where we were before the issue came forward, because you will have looked at the issue and made an affirmative decision and a statement to your community that this kind of discrimination can continue. It's very humbling to stand up here with this community and with these gay and lesbian people in Collier County who have had the courage to come forward without any guarantee of safety, who could lose their jobs tomorrow if they out themselves at this hearing today, and it's humbling to stand here with them. I know this is not an easy moment for you. I know that this is going to be a difficult and closely-watched decision, but it will be a historic decision. Honorable people take a stand against discrimination even when it is uncomfortable, and I hope that you will seize this opportunity, perhaps the only one you will have in your lifetime, to stand with your community against discrimination and pass this ordinance. Thank you. (Applause.) MS. FILSON: The next speaker is Karen Doering, and she will be followed by Char Wendel. MS. DOERING: Hi. My name's Karen Doering, and after Page 171 December 17, 2002 listening to some of the other speakers, it's actually a lot more difficult to be up here than I thought it would be. I'm an attorney with the National Center for Lesbian Rights, and I also serve as a consultant with Equality Florida, but I have a local connection here. My mom lives here, and I visit here a lot. And, in fact, my mom worships at the First Baptist Church where the minister stood up here and handed you the hundreds of signatures where they were specifically advocating that people like me should be able to be fired from our jobs and kicked out of restaurants and denied the basic human dignities that everybody else receives. They were up here advocating for discrimination to be legal in Collier County. And -- that's just a little more challenging than I thought. I wanted to address a couple of legal points. First, Mario Valle who was here speaking from the Florida Commission on Human Relations, after he spoke, I caught him in the hallway because I suspected that he's not an attorney from several of the things that he said, because they were clearly incorrect. Prior to working the job that I have now six years, I was an employment discrimination attorney and worked extensively with the Florida Commission on Human Relations. Mr. Valle is not an attorney. And in fact, he's just a volunteer commissioner and does this only a very small portion of the time. COMMISSIONER HENNING: And he's well respected in the community of Collier County. MS. DOERING: Absolutely, absolutely. And I very much respect the work that he does and that the commission does, but I wanted to correct a few things that he said that were incorrect, okay? He made a point about the county investigating himself and him having some concerns. And he cleared this up in the hallway, and I believe he'd be happy to do it here as well. Those are his personal concerns and not actually legitimate legal Page 172 December 17, 2002 concerns. This was an issue that came up in the city of St. Petersburg. We did extensive legal investigation, and I have a legal memorandum that I'd be happy to share with the commission. It's simply not a valid legal concern. In the other 12 jurisdictions, it's not a problem, and the Florida courts have ruled on that. Also there are -- has been talk of removing all of the categories from this ordinance and just creating a human relations commission that addresses discrimination because discrimination is bad and wrong. That is the one -- and if you do that, that is the one and only way that this ordinance will create litigation and cost the county money. That -- because to remove all the categories is unconstitutional. And if I could, I just want to quote the U.S. Supreme Court from Romer versus Evans, quote, enumeration is the essential device used to make the duty not to discriminate concrete and to provide guidance for those who must comply. If you eliminate all of the categories, you create an unconstitutional ordinance that is subject to challenge by anybody who's brought before the commission. And, of course, any time there's a legal challenge, the county would have to defend this in court. You would create an unconstitutional and unenforceable ordinance. CHAIRMAN COLETTA: Thank you. (Applause.) MS. FILSON: The next speaker is Char Wendel, and she will be followed by Joshua I-K-E-M-I-R-E, Ikemire. MS. WENDEL: Hello. My name is Charlene Wendel, and I speak to you today as president and CEO of Planned Parenthood of Collier County, an organization no stranger to controversy in our community, and I'm also a resident of Naples for the past 10 years. Before the public speakers were -- began to speak, Commissioner Coletta said, we are all here today to listen to each Page 173 December 17, 2002 other, to respect each other, and to respect a difference of opinion. Well, I believe if that was true, that we all respected each other and respected each other's opinions and choices in our lives, we wouldn't have a need for this ordinance. Unfortunately, that it not always the case in this community. Planned Parenthood was one of the organizations that received the draft of the ordinance, and we were very pleased to review it and make some of our suggestions and comments. We were very pleased because we are committed to anti-discrimination in our community. In fact, Planned Parenthood is a small employer. We're only a million-dollar agency and we only employ 222 people, however, we're proud that sexual orientation is a protected class in our anti-discrimination policy. And we are an organization that sticks its neck out in this community to make sure that all choices are respected. I'm not going to argue with you of whether a sexual orientation is a choice or a preference or genetic or not, but what I will say today is the discussions around what sexual orientation is could not be further from the truth. This ordinance is not going to protect pedophiles. That's not a sexual orientation. That's a mental illness. It's not going to protect necrophiliacs. That's not sexual orientation either. That's a mental illness. Clearly gay and lesbian homosexual behavior is not a mental illness, according to the American Medical Association and the American Psychiatric Association. This ordinance is about treating all residents of Collier County fairly and ensuring that we all have avenues for discussion and that we can all make our voices heard. Thank you. (Applause.) MS. FILSON: The next speaker is Joshua Ikemire. I guess he waives. Greg Pryer. Greg will be followed John LaRue. MR. PRYER: My name is Gregg Pryer, and I live in Naples. Page 174 December 17, 2002 You didn't give me enough time to get down here. Recent events have revealed a growing intolerance and discrimination against certain sexual orientations, even amongst our high schools. This practice must be stopped, yet there is no statutory authority to do so. More communities and businesses are including sexual orientation in their policies. The city of Orlando, and believe it or not, the Cracker Barrel are recent examples of businesses and cities including sexual orientation in their policies. Collier should follow what is now becoming the norm and include sexual orientation in its anti-discrimination definition. Thank yOU. (Applause.) MS. FILSON: The next speaker is John LaRue. He will be followed by Glenn Bradley. MR. LaRUE: My name is John Michael LaRue. I'm a college student at Palm Beach Atlantic University in West Palm Beach. I also reside here in Naples, Florida. I graduated from Lely High School last year. I am a political science and Biblical studies major, so I have actually hit this issue many times and studied this, so, therefore, I felt compelled to come speak to you today. But the first thing that I want to speak to you about is, I think we had a time when we were actually discussing the ordinance itself, and I actually disagree with much of the language in the ordinance, and, therefore, I don't think it should be passed anyway. One thing to note is, obviously the investigation part that was brought up that I think is an egregious error in it, that there is no power of investigation, why enumerate power to investigate to it? The second thing is, in the objectives in section six in C, it says to assist various groups and agencies of the community to cooperate in educational programs and campaigns devoted to elimination of Page 175 December 17, 2002 group prejudices, racial tensions, intolerance or discrimination. I think this is against the first amendment. One reason why, how about the group such as the KKK? I disagree with them fully, but they do support racial tension, and we do not eliminate them here in America. They are allowed to co-exist. People are allowed to not like other people and to have prejudices. And to say that we must eliminate these and to work against that is just saying that they are wrong in their opinion. Even in this place today, I've been called ignorant, simple minded, I've been compared to a terrorist, and I've been compared to a bigot by groups saying, these people that disagree with sexual orientation, this is what they agree with. They said that the only basis I stand upon is the fact that I'm ignorant. See, I think that's a part of discrimination. Obviously there's going to be people that we -- are against each other, there's going to be disagreements, and we're not here to settle all disagreements in a part here. The other thing is, no recourse. We just had two lawyers get up here and talk about how it was tough for them being gay and lesbian and that if they were fired from their.job and they hadn't -- they didn't have this commission, that they would have no recourse. Well, with that commission it doesn't offer any recourse. There's no action. This commission does not set up that action, so this commission would be void there. Actually, the action that they could take would be with the state commission. So this commission does not -- that point is made moot because this commission does not come to that. The third thing is, in the question of sexual orientation, obviously, there are many people up here that have -- you just heard somebody say that sexual orientation would not include pedophiles and other things because those are mental illnesses. Well, those mental illnesses are obviously something from birth and they are a defect to the person. But it's just like their whole argument of sexual Page 176 December 17, 2002 orientation is that it is from birth, or just like race, that the person has it. So are we discriminating against them? Any time that we make a law, are we discriminating against the person that comes against law that? A murderer, are we discriminating against them? No, I don't think so. I think we make laws based upon right and wrong, not based upon if we're hurting somebody else's feeling or if somebody is getting excluded. That can't be the basis of your decision here today. Thank you. (Applause.) MS. FILSON: The next speaker is Glenn Bradley. He will be. followed by Amy Biggs. MR. BRADLEY: Good afternoon. My name is Glenn Bradley, and I'm a resident of North Naples. I want to be very clear that I support the ordinance as it stands, and I want you to be certain there is no justifiable reason to remove sexual orientation from this ordinance. I'm a gay man, and throughout my course, throughout my lifetime, I've been discriminated against, numerous occasions, as a child because I was perceived to be gay by the playground bully, and in college when friends or-- actually when I came out and people had known me to be gay, I had come out to my car on numerous occasions and it had been keyed or the windows had been broken in my dormitory, things had been broken into. Discrimination exists for no other reason than my sexual orientation, and that is wrong. I also want to make it very clear that from my point of view and from where I'm standing and I'm listening to the opposition, I want you to know that I do not feel any love coming from that side. It just does not exist. From where I'm coming from, I feel hurtred (sic), and I feel pain from what happens. I know of people in Naples who have been discriminated Page 177 December 17, 2002 against. I have known friends of mine to walk out of the local bars and have their tires flattened, all four of them so that they had to take a taxi home and they had to tow the cars back. I've known people to be beaten up. I've known people to be call faggot, I've known people to be called things that are much worse than that. It does exist, but there's no place for us to go. I'm fairly social and I'm fairly active in Naples. I don't -- I don't pretend to know everything about what's going on, but I do know that there is no agenda. We have no agenda. I have no agenda and there's no hidden agenda. The only thing I'm looking for, the only thing that the people who are currently trying to support the bill as it stands, the only agenda that there may be is for equality, fairness and justice. That's it and it's that simple. Thank you. (Applause.) MS. FILSON: The next speaker is Amy Biggs, and she will be followed by Kelly Cannon. MS. BIGGS: My name is Amy Biggs, and I'm a resident of Collier County. It seems to me that what Mario Valle has presented about the state human relations is totally sufficient and more effective than what Ms. Robinson has proposed. I'm with Mr. Coyle, there is no set procedures in this ordinance, and how can we vote yes to something this important when it seems as though they're making it up as they go along? As a concerned resident of Collier County and a registered voter, I'd like to ask my elected officials, Mr. Halas, Ms. Fiala, Mr. Coletta, Mr. Coyle and Mr. Henning, please vote no on human relations commission. All citizens are already protected under current laws. Thank you. (Applause.) MS. FILSON: The next speaker is Kelly Cannon. She will be followed by Joan Hungady. MS. CANNON: Would it be possible for this lady to speak in Page 178 December 17, 2002 my place, because she has to leave? Would that be possible? CHAIRMAN COLETTA: Sure. COMMISSIONER HENNING: Commissioner? CHAIRMAN COLETTA: Is that okay, Mr. Henning? COMMISSIONER HENNING: Well, thank you. CHAIRMAN COLETTA: Thank you. He's practicing. MS. STOKES: Hello. MS. FILSON: Are you registered, ma'am? MS. STOKES: Yes. MS. FILSON: And your name? MS. STOKES: Karen Stokes. MS. FILSON: Okay. MS. STOKES: I'm Karen Stokes. I have recently moved to Southwest Florida, and I bring great passion and interest in this subject before you. I commend you on covering this information so that we can know how our laws will be manifested to not just one small group but to everyone. I bring a personal reason for asking you to strike down this sexual orientation for coverage as far as a protected group. I discovered after 31 years of marriage that my husband was a homosexual. He was involved in teaching. He was at the community college level and very involved in teaching, and because of the information that I have to gather in order to have some court proceedings, I was able to see what a lot of things will be actually put into the school systems and into our teaching and education. Education kept coming up in this ordinance as far as educating people, educating people. I'm here to ask you to make sure that everyone is represented. There is no hatred in my heart. I love my husband. There is no way that I would want to have any hurt against any other person. But I will tell you that this lifestyle is not just an alternative lifestyle. It Page 179 December 17, 2002 devastates families, it devastates communities, it devastates friendships, and it is not a protected group. This is a choice that people make. And I would just ask you to strike down this sexual orientation because not only did this devastate my family, personally, and my marriage, but it has really devastated so many of our family members. I would like to offer, just as more information, some reports of the kinds of teachings that go on in the school systems once this sexual orientation is allowed to be protected. It is fair game then to teach anything anywhere down to the kindergarten level. And I would like to leave this with you so that you can look into that. I don't believe that a protected group needs to be singled out. There are enough protections in the laws that are already stated that is going to cover every individual that is considered under sexual orientation. I would just ask you to consider that honorable people take a stand for what is right, right for everyone, not just for a, quote-unquote, protected group. I appreciate your time today. (Applause.) MS. FILSON: The next speaker is Christine Robbins. Christine Robbins? Jon Berry. Following Jori will be Keith Schaad. MR. BERRY: Good afternoon. For the record, my name is Jon Berry. I'm a resident of Collier County, born in Florida, I'm a business owner here in Collier County, I'm a taxpayer and I'm a father. And please don't hold this against me, I am a Christian, and I am a Baptist, and I am gay. And I am here to tell you that of my clients they include in this town, Collier County themselves, the Jewish Federation, the Joe Logdon (phonetic) Foundation, the YMCA, just to name a few. And I'm here to ask you to really look at what we Page 180 December 17, 2002 have in front of us today and really to include that this is for everybody and it's not exclusive. Thank you. (Applause.) MS. FILSON: The next speaker is Keith Schaad. He will be followed by Norma Pla. MR. SCHAAD: My name is Keith Schaad, and I am a full-time resident of Collier County. Actually, it's been wonderful to be a part of this audience to hear the diverse views, but unfortunately some of the diverse views are concerning what this issue is really all about, and that's been from lawyers to those that have presented it. There's been constant back and forth. To me, one thing that is obvious, nobody really knows what this is about. I think everybody has their own agenda. If this is a -- something -- to me, it seems to be coming away with, that we're trying to create a new arm of the government. To me, this is -- to say the least, is redundant. We do have protection. And one thing that I was amazed at hearing was the thing that is -- was vehemently stated, that one thing we don't want to come away with is that this commission would be for the rights of people -- I was amazed at that statement -- that that would be the worst thing to accomplish. There are differences of opinions on what this is all about. I think, number one, the establishment of this commission needs to be much more fine tuned, much more precise than what it is. This is phenomenal that it's gotten this far, that there's not real clear-cut evidence of what this is all about. The fact that this, it's stated, is not going to be any -- any source of recourse, there were several statements that said, many times, as it stands now. And then somebody else comes along and says, but there are no hidden agendas. And this is, again, phenomenal. I think there are agendas on both sides of this issues, and I think they need to be spelled out a little bit more clearly. Page 181 December 17, 2002 The fact is if-- as one individual stood up, we say this is to promote tolerance. And as an individual stood up who I do not know, I've never met him before -- obviously as he spoke he was a minister, and behind me came the comment was, now we're going to hear from the religious right, and it was said in a very derogatory statement. The fact is, folks, establishing this commission is not going to end discrimination. It's not going to end discrimination. But I think everybody in this room is for the promotion of the rights of individuals. I am for the rights of individuals, but I am not -- I haven't seen anything that tells me as a taxpayer how this is going to make sure my rights are protected, or anybody else's rights in this room are protected. So I think there's a lot more that really needs to be discussed. I think as the conversations have come out and testimony has come out, it has become -- there are agendas here. You folks are wise enough to see this. If I can see it, I'm sure you can see it. And I think that's really maybe what needs to be addressed. Maybe some more specific wording. What is this really to accomplish? Who is this going to benefit and how is it going to benefit? So from what I see right now as a taxpayer, I would hope you would strike this whole thing down at this point. Thank you. (Applause.) MS. FILSON: The next speaker is Norma Pla, and following her-- Kelly Cannon, do you still wish to speak? MS. CANNON: Sure. MS. FILSON: Okay. You'll be next. Go ahead. MS. PLA: Hi, my name is Norma Pla, and I've lived in Naples, Florida, since 1979 when I just had finished graduate school and obtained a master's degree, and my husband and I moved here. At the time we opened our first business, West Coast Windows. Page 182 December 17, 2002 At this point I own and operate two business, and I have a Florida real estate broker's license. I'm concerned. I'm very concerned about this ordinance, and that's why I'm here. I took a business trip this summer to California visiting some suppliers. And I'm originally from La Jolla, so I had an opportunity to speak to some of the companies. Some of them are moving from California based on ordinances like this. Sexual orientation is very controversial. It's a hot issue. We see that here today. Some people come up and they -- they think that they're being very tolerant, and then other people come up, a couple of our last few speakers, that have had their feelings hurt and they've expressed pain from just what they've heard here today. I employ over 25 people in a manufacturing company, one of my companies. In that company, I have, I think, all the major religions represented, Jewish, Christian and Muslim among them. To get them to become tolerant, you've got to cut out the Torah, pages of the Torah, pages of the Koran, and pages of the Christian Bible. I have been the recipient of a frivolous lawsuit during the 22 years I've owned businesses here in Collier County. That lawsuit was tabled the day before we were going to trial, but it had cost me $30,000 in legal fees. Now, when Ms. Robinson spoke, she answered some of my questions. But then afterwards, some other questions came up, such as there was said, step two, what is step two.9 They said enforcing this thing. And some are other questions that I have when I read the ordinance, the words are very nebulous. What is intolerant? What's intolerant to one person is not intolerant to me, for example. I guess I'm a tough cookie. I don't get my feelings hurt that easily, you know. I mean, we've all been called names in school. We've all -- I had one employee one time ask me to put in my manual that they wouldn't talk about her because she -- they said she was breaking the Page 183 December 17, 2002 chairs because she weighs over 250 pounds. I said, I'm sorry -- I'm sorry that they're saying that, but what can I do? I mean, we have free speech here. We have to have some leeway. As I see it, this ordinance would lead to problems for businesses. It could cause lawsuits to us. Even Ms. Robinson said, they can get their own lawyers. This elevates a behavior to a protected class. Also, Collier County -- I have six pieces of property in Collier County. I pay a lot of taxes. We need roads, we need schools, we need better traffic, especially north, south. We don't need to open this can of worms. Please, at least take the sexual orientation out. Thank you. (Applause.) CHAIRMAN COLETTA: We're going to hold up just for a minute while the -- you all set? Okay. Continue. MS. FILSON: The next speaker is Kelly Cannon. She will be followed by Robert Biggs. MS. CANNON: I'll be real brief. I think you've heard a lot today. My name is Kelly Cannon. I work in Collier County, and I'm a resident of Lee County. I live in Estero. First of all, I want to thank you so much for rapidly responding to my emails. I commend you for that, because I know you-all are so very busy. And I do want to commend you also for being such wonderful listeners. I appreciate that ability. And I'd like to just real quickly state my appreciation of all the efforts and the long hours that have gone into the forming of that proposal. And I know how much hard work that must have been; however, I do, along with many others, I -- and I stated in my emails that I'm not comfortable with the phrasing of the sexual orientation. I work as a children's director at a Baptist Church, and I could go on and on about that, but I just want to say that, of course I hope you don't take me wrong, because I do not believe in discrimination. Page 184 December 17, 2002 I have a gay niece and I love her dearly. I give her all the attention I possibly can, and I just adore her, so I don't want to be taken in the wrong way. But I do believe that this ordinance on the surface looks honorable and very appealing, but yet, I do believe the implementation of the details could be very problematic. And so I'm not going to be dramatic and go through all my concerns, because I did email them to you. And again thank you for reading them. And I just want to, for the record, reiterate that my hope is that you will not approve the ordinance that is including this phrase of sexual orientation. Thank you. (Applause.) MS. FILSON: The next speaker is Robert Biggs, and he will be followed by Marilyn Von Seggern. MR. BIGGS: My name is Robert Biggs. I live here in Collier County. I want to thank Chairman Coletta and Vice Chairman Henning, Commissioner Fiala, you, Commissioner Halas, and you, Commissioner Coyle, for having us here today. I want to tell you that I oppose this human rights commission for the following reasons: First, I believe that the constitution of the United States and federal laws protect every human being in America today. I believe that this simply just creates a special status for what I believe is not actually a minority. I don't believe that this really represents the majority of Collier County. I believe that if this is passed, I believe the ACLU attorney that spoke to you earlier today will be visiting us again, he'll be visiting our schools, the City of Naples and businesses here, and the county, Collier County as well. I think there's more to this than we're seeing on the surface. I think that there's, as many people have pointed out already, there are agendas here, and I don't think that this is really about the sexual Page 185 December 17, 2002 orientation or anything. I think is an opportunity for people to come to Collier County and start working, and I think it's really going to be just a clearinghouse for litigation and information for litigation. The minute number of Collier County homosexuals and their visitors here today are really attempting to persuade you, the commissioners, our elected officials, to accept what clearly the voting citizens of Collier County do not want. The label of this proposal that has been given would have us believe there are no protections under the law. Of course, this is absolutely false. Even a sympathetic reporter would attempt to influence Collier County policy. Clearly, the media does not speak for the overwhelming majority of voters, nor do they reflect the voters' views. I would ask all five commissioners to vote no regarding and sending a message to outsiders and political activists from around the country who would seek to influence and manipulate our local elected government. Thank you. MS. FILSON: The next speaker is Marilyn Von Seggern. She will be followed by William Seggern, Von Seggern. MS. Von SEGGERN: I think we're related. MS. FILSON: Yeah. MS. Von SEGGERN: Good afternoon. My name is Marilyn Von Seggern, and I live in Naples, Florida. I'm here today to urge you to support the establishment of a human relations commission for Collier County. I am also urging you to include the word sexual orientation in the list of protected classes. Some members of the majority community do not see the need for this human relations commission since they have not experienced discrimination or do not perceive that it exists. On the other hand, many members of the minority community who have experienced discrimination, whether it be overt or subtle, Page 186 December 17, 2002 feel a strong need to establish such a body at the county level. The county commission needs to respond positively to this request. The human rights commissioner -- human relations commission can provide an important avenue for citizens to be heard as well as a catalyst for improving relations among the many diverse constituencies in our community. Some members of the majority community oppose including the word sexual orientation. Their reasons are based on their religious beliefs about homosexual behavior. While you should respect their right to these beliefs, you must also realize that as commissioners of Collier County, you have an obligation to uphold the civil rights of all our citizens not to be discriminated against, even if it is not the right -- even if it's not consistent with one group's religious belief. Every law abiding citizen should have the right to housing, a job, access to public establishments, et cetera, regardless of age, gender, race, ethnic origin, religion, handicap, or sexual orientation. The protected classes listed in the ordinance have traditionally been discriminated against in the past, and to leave one or more of these groups out is to, in essence, endorse discrimination for the omitted group. The importance of the bill of rights and other of our nation's guiding principles is not about protecting the rights of the majority but extending the rights and privileges of a democracy to the smallest minority. I hope you will follow the lead of the other major counties in Florida and adopt this ordinance as written. And thank you for taking the time to hear my opinion. CHAIRMAN COLETTA: Thank you, ma'am. (Applause.) MS. FILSON: The next speaker is William Von Seggern. He will be followed by Dean Smith. MR. Von SEGGERN: I'm William Von Seggern. I live on Page 187 December 17, 2002 Linnet Lane in North Naples, 34119. I would like to share with you some thoughts concerning the human relations commission, and more specifically, the inclusion of sexual orientation as a protected class. I think that it's not correct to assume that the opponents of this issue speak for the majority of the citizenry of Collier County. Just because they are vocal and/or quote or refer to sacred text of one type or another does not imply that they speak for the majority. They are espousing their cause and nothing more or less than that. I recently read that the common element of many of the major religions in the world is the idea of compassion. Compassion is an act of each person being concerned about the needs of all other persons, especially the minorities among us. It also implies advocacy on behalf of the minorities. They do not have a voice equal in power to the voice of the majority. They need protection from the vagaries of the rich and the powerful. Who are the minorities? They are those who live in substandard housing and work by the sweat of their brow to provide food for our tables. They are those who are females that are passed over for advancement in their jobs or denied equal pay for equal work. They are people of color who have to struggle with the white power structure that prevents them from being considered of value. They are those who are not given equal opportunity for employment because they are over 50 years of age. Included also are those who come from other cultural groups, who come from religions that are not part of the norm, those who are disabled. Also let me add, those who are gay and lesbian. When a lesbian speaks out about her sexual orientation in one evening recently and then gets a phone call the next morning at eight a.m. from one of her clients who read about her in the press, the client's advising her that her professional services are no longer Page 188 December 17, 2002 needed by his firm, that's discrimination. The decision was not based on her qualifications but rather on her sexual orientation. This is discrimination. When a gay person is unable to bring his partner to a social event, this is discrimination. We all are quick to recognize the normally protected classes that we so easily pass over sexual orientation. This is a minority that is afraid to be open and vocal. They do not feel confident to express their needs. They could lose their jobs. As a citizen of Collier County I implore you to protect all minorities, to speak on their behalf, to consider their needs, and to provide them with the protections provided to the majority. All includes gays and lesbians, the substantial percent an average of our community who have to hide in the shadows because they're afraid to come out. Thank you. (Applause.) MS. FILSON: The next speaker is Dean Smith. He will be followed by Thomas Dawson. MR. SMITH: Good afternoon, Commissioners. For the record, my name is Dean Smith. I've been a resident of Collier County for over 13 years, and I'm here to ask the board to adopt this ordinance as it's been proposed, after all the work of everybody that's been involved. I had to give a lot of thought before I decided to come up here and speak to you today. I didn't intend to come here and speak to you. I intended to come and show my support for this ordinance; however, there have been some developments in the last few days that have changed that for me. And the young lady that got up here earlier was speaking the truth, it's very difficult to come up here in front of you. But as you-all know, communications with the commissioners about this or any other issue, become public record, matters of public Page 189 December 17, 2002 record. And a concerned friend of mine forwarded a message to me that was sent to one of the commissioners by a colleague of mine, someone that I work closely with much of the time. UNIDENTIFIED SPEAKER: You can't be heard. Could you speak into the microphone, please. MR. SMITH: Sorry. And I think that the words in the message that was sent make the case for this ordinance better than anything that I could say to you myself. I'm going to read a quote from that message. It's a very short message, but it carries a very strong message. The subject of the message is the human rights commission, and it says, from my perspective, the whole idea is nonsense. But to add the garbage about any sexual orientation is horribly wrong. Please stand up against this assault on the good people of this county as you have done on so many other issues. I'm here to say that I'm a hard-working tax-paying member of this community, a productive member of this community, and it's difficult to stand up here, and I am fearful to say that I also happen to be gay, and to know that a co-worker of mine has ideas like this, which were obviously sent in a communication to a commissioner probably without any thought that they might be evident to me, really is a concern to me. I've been very lucky in the 13 years that I've lived here to be employed in a place where I can be open, where they know my partner of almost 15 years. And this changes the way I feel about my work environment. It's not a direct attack on me, but it changes the way that I feel about going there every day and about the people that I deal with and what they might think of me simply because of my sexual orientation. And as one of those good people of this county, I am asking you Page 190 December 17, 2002 to stand up for me and for all the citizens of Collier County by passing this ordinance. Thank you. (Applause.) CHAIRMAN COLETTA: Ms. Filson, we're going to take a 1 O-minute break at this time. We will start again at 25 minutes after the hour. (A recess was taken.) CHAIRMAN COLETTA: Take your seats, please. Take your seats, please. Okay. Once again, the procedure we have, if you feel that someone else has made the statement totally clear and has said your point for you, you may wish to waive, you may wish to state from where you're sitting that you are for the ordinance or opposed to the ordinance. But in any case, we'd like to hear from anyone that has their name up here. Would you please continue, Ms. Filson. MS. FILSON: The next speaker is Bob Olson. He will be followed by Thomas Dawson. MR. OLSON: I'd like to thank you-all for taking the time to listen to this. My message is real simple, I think we ought to all be treated fair and equally. I think this is an extremely important issue that we be treated fair and equally. And the representation of minorities, as I sit here, I don't see it, but I don't care how many people there are, I think we ought to all be treated fair and equally, and thanks for your time and listening to us. CHAIRMAN COLETTA: Thank you, sir. (Applause.) MS. FILSON: The next speaker is Thomas Dawson. Mike Maggard? He will be followed by Charlie Bagley. MR. MAGGARD. My name is Mike Maggard. I'm a resident of Collier County for about three years. I'm a retired army officer, and I currently pastor a church here in Naples. Page 191 December 17, 2002 I want to say that, first of all, I am supportive in spirit of the spirit and the concept behind a human relations commission. It grieves me from where I've been sitting to hear, especially as a minister of the gospel of grace and love and forgiveness and transformation, that many are in great pain because they're discriminated because of a behavior that I do not agree with, but nevertheless are discriminated. I think employment discrimination is wrong under any circumstances; however, I do object to the inclusion of the language of sexual orientation. I object to that, included in that language, granting a potential class, a protected class status for that, to a category of behavior termed sexual orientation. I do primarily for free speech considerations. I think it restricts the free exchange of ideas to protect certain categories of behavior by labeling those that oppose those categories of behavior as being bigoted or being prejudiced or being hated. Let me give you an analogy. Suppose one of you were a physician and you were walking down the street, I was walking down the street, and I slipped in a puddle and I fell on my right arm. And you saw me fall and you came over to me and you offered your assistance. You said, may I examine your arm, and I said, yes, you may examine my arm. And you said, well, it appears to me as a physician that your arm is broken. Well, I have several choices at that point. I can say, well, thank you very much for your opinion, but I'd like to see my own physician. I don't believe it's broken. I could say, thank you very much. I'd like to receive your help to restore my brokenness. But suppose there was an ordinance that prohibited me from coming up to you and saying, on the basis of my expertise, I observe that you have something broken and you could say, wait, what a bigoted thing to say to me, what a hateful thing to say with (sic), how could you accuse me of being broken. Page 192 December 17, 2002 I think that's what effect the language in the ordinance does, it restricts the ability for those, and does a disservice, to those who are broken and know they're broken and want help. It does a disservice to those who want to provide help to those who want that help, and it does a disservice to the community by restricting the free exchange of ideas about what is brokenness and what is not brokenness. So on the basis of free speech, I would urge you not to include the language on sexual orientation. Thank you. (Applause.) MS. FILSON: The next speaker is Charlie Bagley. And following Charlie will be Jeanne Brooker. And I would like to announce that a book from the Collier County library was found in the lady's rest room. If someone left it in there, I have it. Go ahead. MR. BAGLEY: Good afternoon. My name is Charlie Bagley. I am a resident of Collier County. I am a sinner saved by grace of the Lord Jesus Christ. And I invite all people in Collier County to leave the wide road that leads to personal and eternal destruction and come to the narrow road which leads to eternal life through Jesus Christ. My problem today in looking at what we're -- what you are supposed to vote on is I'm wondering, which ordinance are you voting on? The one that was described by Attorney Robinson and several other people here today or the one that was described at the last public meeting by Attorney Robinson and those people supporting it? At the last meeting, Attorney Robinson clearly stated that this was only the first stage in the county's intended plan to implement. The first stage would be to get the commission going. The second stage would be for the commission to come back to you to get the power to enforce what they want to do. And the third stage, which Page 193 December 17, 2002 might go along with that, would be funding. And so I just wanted to make it clear, try to clarify what we're voting on here today. I feel for the people that come together and don't want anyone to be discriminated against, and I agree with that totally. I see that there is one avenue but it's very limited through the state to try to register your grievances and your feelings and when things happen to you. I would certainly tell anyone whose tires are slashed or whose property is stolen to immediately make that known to the sheriff's office, which is the proper place to register. You're already protected under those areas. If someone even touches you and you do not want them to touch you, in the State of Florida that is battery, and you are protected. Do not let anyone take away the rights that you already have. The problem I know that you have and that you're facing in this ordinance is that it is a runaway train. Did any of you even think that when you talked to the NAACP a year ago regarding this that it would come back in this form or manner? No. You had no way to understand that this would happen. And so the train took a turn in direction that you had no control under. Now, the ordinance that I hear described today by Mrs. Robinson and by other people is a great idea that all people in Collier County should be free from any kind of intimidation and from any kind of prejudice and should be free from any kind of personal destruction toward them. But then I have the problem of actually reading the real ordinance that's in front of me, and none of that, what I just described, described what's really here in the real paper that you have to vote on. This train, unfortunately, has your name on it and it has unintended consequences all the way down the line. Attorney Robinson already said publicly and in private that it applies automatically to the Collier County Public School System. Page 194 December 17, 2002 CHAIRMAN COLETTA: I need you to wrap up. MR. BAGLEY: I'll wrap up. There's many other unintended consequences. My proposal would be to scrap this and work toward the idea that she talked about, not this very general and destructive document that's in front of you. (Applause.) MS. FILSON: The next speaker is Jeanne Brooker. She will be followed by Claire MacMiller. MS. BROOKER: I almost said good evening. COMMISSIONER COYLE: It's getting there. MS. BROOKER: My name is -- COMMISSIONER COYLE: It's getting there. MS. BROOKER: My name is Jean Brooker, and I've been a resident of Collier County for 23 years. First, let me applaud the county commissioners and the county staff for responding in such a positive way to the concerns of the cornrnunity regarding protection from discrimination. My memory goes back to the time when a similar request was stonewalled and ignored. Fortunately we are at a new time with new players. Why is a human relations commission needed in Collier County? First, as stated in the draft ordinance, because, quote, the Board of County Commissioners opposes discrimination and seeks to promote and protect the interests, rights, and privileges of all its citizens, end of quote. And second, because individuals encountering discrimination locally have no local government entity where their concerns will be addressed. While it is tree that federal and state agencies exist to handle these parties, none of the agencies have offices in Collier County, and all of them have more cases than they can deal with. Page 195 December 17, 2002 Thus, local citizens have the burden to first find the appropriate agency, travel out of the county to lodge their complaint, and deal with what are very personal matters by long distance. This has a dampening and discouraging effect. The referral procedure is okay, but it will have a local base. How much better to deal with a local entity knowledgeable about local particulars? One would hopefully assume that this approach is more direct and amenable to resolution in a more humane and timely fashion. Should all the enumerated groups currently included in the draft be kept? I ask you, how could it be otherwise, unless the Board of Commissioners wishes to amend its opposition to discrimination and specifies which discrimination it supports and protects and which groups of citizens it wishes to exclude from its protection. It is important that the Board of County Commissioners cut through the hysteria and hyperbole which the critics of this ordinance have generated. CHAIRMAN COLETTA: You need you to wrap it up. MS. BROOKER: Look at what it is and look at the provisions. Brent Batton (phonetic) did it right today. It is an educational tool for this community. I have every confidence that having taken this very positive, giant step forward, our current Board of County Commissioners will continue to go forward, pass this ordinance, adequately staff and fund it, and give the Collier County human relations commission the -- CHAIRMAN COLETTA: Ma'am? MS. BROOKER: -- leadership and support it will need to become the voice for equality in our community. I thank you. (Applause.) CHAIRMAN COLETTA: Thank you. MS. FILSON: The next speaker is Claire MacMiller. She will be followed by Robert Berens. Page 196 December 17, 2002 MS. MacMILLER: Hello. I am Claire MacMiller, president of the League of Women Voters of Collier County. The League of Women Voters of Collier County supports the creation of a human relations commission in order to protect the rights of all its citizens against discrimination on the basis of race, color, sex, age, national origin, religion, marital status, sexual orientation or disability in connection with, among other things, employment, education, medical care, housing accommodations, commercial transactions, public service, resorts and amusement, and other places of public accommodation, real estate transactions, or other means of contracting and procurement. The league believes that sexual orientation must be included in any ordinance designed to prevent discrimination. It's always good to remind ourselves that we Americans are moral people. We are with a government of law founded to protect the morals, interests, rights, and religious beliefs of all people. It is a government of laws. Not of group preferences. It is bound to protect the rights of every individual. I, my friends, my church, might dislike you, your lifestyle, might disagree with your concept of morality, feel prejudice against your ethnicity, and likewise you may feel the same toward me, but because we choose to live in a government defined by laws and not a regime controlled by the likes of the Ayatollah Khomeini, Osama bin Laden or Adolf Hitler. Our governing bodies are obliged to protect each of us against discrimination on the basis of personal individualities. As the duly elected representatives of all the citizens of Collier County, it is your sworn obligation to uphold and support the laws of our nation. Like it or not, if you delete any category protected under the law, the county would be discriminating. If you do not adopt the ordinance and adopt it in its entirety, you will be exposing our county Page 197 December 17, 2002 to the possibility of legal action for failure to uphold and support the laws of our federal government. By establishing a human relations commission, you will provide a level of relief for those citizens who have felt discrimination -- CHAIRMAN COLETTA: Finish your sentence there, please. MS. MacMILLER: -- so they will not find it necessary to seek relief via the legal system. Thank you. CHAIRMAN COLETTA: Thank you. (Applause.) MS. FILSON: The next speaker is Robert Berens. He will be followed by David Gonzalez. MR. BERENS: I'm Robert Berens. I live in the Oaks Boulevard area up in North Naples. I moved to the Naples area in 1985 after finishing my term as sheriff of a county in Ohio with about twice the population of Collier County, so I'm familiar with both the legal and many of the other problems that arise both from the breaking of laws and the treatment of minority groups. You must remember that this entire issue came about due to the death of a wanted felon who was let down by his family and his community, who if they had done their duty, he would have been arrested and been safely in jail instead of being out on the night that he was shot to death. So sometimes we have responsibilities that we don't like, but they're still obligations. We already have a human rights commission in the state. We have plenty of human rights protection under federal law, but homosexuality is not a protected class and we shouldn't be giving it the protection of a protected class. The vast majority of people, I'm sure right here in this room, are either Jewish or Christian, and if they believe their own scriptures, they surely know that homosexuality is a sin and an abomination. And how they can stand up here and speak as either Christians or Page 198 December 17, 2002 Jews and condone this kind of behavior, I just don't understand. But even if you don't have any Judeo-Christian principles, there's the thing called the law to contend with. The State of Florida said that sodomy is against the law, and you as a legal body have no business making something legal that is already illegal under state law. And we, as those who discriminate against people who are breaking the law should not be made criminals because we don't protect the rights of someone who's doing wrong. We have had people -- people ask what groups we will exclude from protection. We want to exclude people that break the law. Whether it's God's law or the laws of the State of Florida, we should not condone what they're doing by passing this resolution. I think the entire resolution should be scrapped, but particularly that relating to sexual orientation. Thank you. (Applause.) CHAIRMAN COLETTA: Thank you. MS. FILSON: David Gonzalez? Don Wiggins? Don will be followed by Eddie Krzeminski. MR. WIGGINS: My name is Don Wiggins. I want to thank the commission for having this forum for us today. And I'm a resident of Collier County for almost 23 years. I have some real concerns as it relates to this ordinance. I have a copy of this ordinance and it says, an ordinance of Collier County, Florida, providing for creation of a human relations commission. If it stopped there, that's not so bad. But the next phrase says, the protection of civil rights. Today, from Ms. Robinson, we heard from her that this particular commission will have or a group of people will have no enforcement ability, therefore, how do they protect? How is it that they can't -- if they're not even investigative, except that that's not defined yet by her words, how do they protect? It seems like, to me, that we have some problems big-time in the language of this whole Page 199 December 17, 2002 ordinance. If the focus of this ordinance as it says to some degree down below, whereas the Board of Collier County Commissioners seeks to educate the Collier County community about existing, then it would seem to me that we need to give this either a different name, a different focus, that it is educational, not enforcing. It seems like to me, we're not sure what we want this to be. How many of us would purchase a house not having looked at it, not having inspected the insides of it through ourselves or a qualified inspector? How many of us would invest money? How many of us would make those kinds of decisions without having done the homework? And yet we have not done the homework. We don't know what's coming from this. All we know is it's a committee. We don't know what it's going to provide. And much of the problems that we're hearing today, especially for those that are against the sexual orientation and otherwise, I mean, it's -- this thing is empty. It's empty. I want to encourage our Collier County Commissioners to step back, to reanalyze this. Ms. Robinson says, as of yet there are no enforcement powers. What will that mean when there are? We don't know because we have not had it laid out. And I don't think the citizens of Collier County can afford to support something nor should this commission, the commissioners, support something that they have no idea on. Thank you. (Applause.) MS. FILSON: The next speaker is Eddie Krzeminski. He will be followed by Dwight Holter. MR. KRZEMINSKI: Hi. My name's Eddie Krzeminski. I'm a Collier County resident. I thank you for the opportunity to speak here. I'm reading where is says, suffering discrimination on the basis of race, color, sex, age, national origin, religion, marital status or Page 200 December 17, 2002 sexual orientation or disability. I'm not on here. I mean, all my long-haired buddies aren't here. So why -- how come I'm not listed? And like my wife, she's overweight, she's not on here. If you're going to do it, you need to do it for everybody, not single out groups. For instance, I've lost a lot of jobs because I choose to keep my hair long, okay? I've been turned down for a lot of work, and it hurts, but that's my choice to keep my hair long, okay, just as being a homosexual or lesbian is a choice. I would ask that you would vote against this. Like Don just said, I believe it is empty, and I believe that if there is laws in place at state level and at the national level, that basically what we're doing is we're getting a committee together to meet together and have coffee, and -- oh, let me read this, each member shall serve without compensation. But then as we read down here it says, the county manager shall provide such staff as may reasonably be required at his or her discretion, to assist the human relations commission in its performance of its duties. Now, if I'm correct, that costs us money. Now, in the beginning of this I was told it was going to be kind of a free thing. Am I wrong when I -- I mean -- I would ask that you would consider this, honestly, a joke. I thank you for your time. (Applause.) MS. FILSON: The next speaker is Dwight Holter. He will be followed by Howard Showalter. MR. HOLTER: My name is Dwight Holter. I've been a resident for (sic) Naples for four and a half years, a visitor to Naples for some 20 years prior to that. I've heard so far some disagreement as to whether the federal or state laws have a term like sexual orientation included in them as a protected class. I think it's absolutely correct that they do not. And I'm wondering if you've given consideration as to why they don't have that as a protected class. Could it be that it's going to create a Page 201 December 17, 2002 legal mess of multi-lawsuit proportion? We heard from Ms. Robinson, and I'm hesitant to take issue with her because, from what I heard today, I have a very high regard for her. But when, I think it was Commissioner Coyle, asked her, how do you deal with the fact that that's not written in as a protected class in the state and federal laws, treat it as if it were. Now, I talk about a legal mess in general. This is probably it in spades. A legal mess, when you start applying the laws that have applied to minorities, the history and statistics that have applied to minorities and minority situations, to sexual discrimination, discriminating against women, apply those kinds of legal precedents against this separation for which there's no legal precedent, and you've got no coverage in your state and federal laws, what are you going to do with it? Now, I have sat through this whole session, and I've appreciated the opportunity to do that. It's been interesting and long. And I don't intend to continue its length except to say that I do support the exclusion of the term sexual orientation if you choose to pass and form this commission. Thank you. (Applause.) MS. FILSON: Our next speaker is Howard Showalter. Also, Mr. James Edwards, I called him earlier, and he has since came back into the room and requested to speak. James Edwards. He will be followed by Ken Keller. (A recess was taken.) MR. EDWARDS: James Edwards. I appreciate very much the privilege of speaking to you and to you. As an eighty-one year old man, four years two months in the Army, private to first lieutenant, service in Europe, I have formed strong opinions. I had to to live. So if you don't mind, let me talk to you. First of all, volunteers are thanked for their work and said thank you and thank you. And that's it. We need strength in anything we propose to do in order to Page 202 December 17, 2002 have completion. This would normally mean that volunteers would be nice to help, but let the work be done by someone who is dedicated in their work and responsible for what they do. Most of what I have said or wanted to say has been said, so I'm not going to rehash that, but I would like to say this about sexual orientation, every specie upon this earth is charged with the continuation of the species. A very simple statement, but oh so true. The next thing is that each and every person in this room was born of woman, sired by a man. It is necessary for the continuation of the country we call America, God given great country, that we understand the true role of what each of us is on earth to do. I support your idea heartily of the requirement or the need. The method that we're approaching it I do not follow with you. Thank you very much for your time. (Applause.) CHAIRMAN COLETTA: Thank you, sir. MS. FILSON: The next speaker is Ken Keller. He will be followed by Bob A-v-o-l-k. I can't read that. Go ahead. MR. KELLER: I'm Ken Keller. I have been a carpenter in Naples for sixteen years. In the desire to make a nice, progressive political statement for Naples and Collier County, you may be causing great mischief in your community. This commission as it is proposed has the potential to be a pernicious evil. First, homosexuality can only be defined in terms of behavior. There is no other way to define it. Secondly, there has been some comments about an agenda. I would consider in this case and in this venue an agenda is a vision and a plan for implementing that vision. I would think since you folks made all of the trouble and money to get elected to your various positions there, that you would have an agenda, that is, you have a vision for Naples and Collier County. Otherwise you wouldn't have bothered to run. I would think that your vision for Collier County is Page 203 December 17, 2002 somewhat different than the vision for Collier County from South Beach, Key West, San Francisco, what's happened in the Roman Catholic Church, the boys' clubs and girls' clubs of America, the attempts on the community of Boy Scouts. These folks also have a vision and a plan for implementing that vision in America. In some places they are successful, in other places less so. My question for you is is this your vision for Naples and Collier County. If it is not your vision for Naples and Collier County, then you have to say no to the sexual orientation implementation in this document. The document seems to be a rather foolish attempt to do something nice. I would like to see a lot of this take place in Collier County. Racism is ridiculous. It's totally without foundation and I would love to see it stopped at all levels. Unfortunately there are bad people, there are mean people. I was picked on for being a redhead. My van was keyed not too long ago. Mean people suck. They have been around for a long time and they're still going to be here. And you can't legislate away mean people. That's just the way it goes. Sorry. And incidentally, the lady from Planned Parenthood said that sex with children is a mental illness. No, it's not, it's a crime, folks. And it is behavior that is criminal, period. And, again, we're trying to rename and relabel things that are criminal and they are behavioral. Thank you. (Applause.) MS. FILSON: Rob Avola. Forrest Head. Dalas Disney. He will be followed by Eleanor Wood. MR. DISNEY: Good evening. It is evening now. My name is Dalas Disney. Commissioners, Mr. Manager, friends and neighbors. I'm here today to voice my opposition to the creation of the ordinance establishing a human rights commission for Collier Page 204 December 17, 2002 County. While this is a noble issue and many find favor with stating how no person of intellect should find fault with this endeavor, I feel strongly that we have other more pressing issues to spend our time, your time pursuing. Further, as an informed, involved person in our community, I honestly don't see the pressing need that has been conveyed by many of the speakers here and at the November 6th meeting on the same subject. The creation of this commission will divert attention from important issues such as controlled growth, zoning, roads, general management and oversight duties you were elected to undertake. It will consume hours and hours of staff and attorney time. Cost for advertising, cost for education, certainly lots of tax dollars attached to it that haven't been identified here. I have not seen as a part of this proposal a fiscal impact statement that's required for recommendation of any other ordinance that I regularly see as a part of my volunteer duties on other advisory committees. I wonder if this cost has been calculated, if it can be calculated and if so, when it would be made available for the public. For years the Board of County Commissioners has been unwilling to increase ad valorem taxes to pay for special interest issues. Commissioners prior to the current seating have constantly wrestled with budgets and priorities and how to pay for the needs of this county in keeping the tax millage rates low. I feel that I pay plenty in county taxes for the business and properties that I own here. I want you to understand that I expect and demand you to be good stewards of the tax dollars that I and thousands of others of the public give to you for the good works and deeds. I'm very happy to live here in paradise and I think Naples is a paradise. I believe I'm doubly blessed to have grown from childhood here in Fort Myers and Naples. And I expect to live here to the end of my days and I work really hard to remain informed about the Page 205 December 17, 2002 issues of our community. I'm involved and honestly don't see the hostility and strife that's being discussed by some of the people who have come before you and possibly are yet to come to speak. The establishment of this type of a feel-good commission will do nothing that the already in place federal and state agencies can do and, in fact, will just create another added unnecessary layer of government. Put it out that the November 6th meeting here in this chamber by supporters of this matter, the proposed ordinance is in response to the NAACP request, the City of Naples and shooting death of Mr. Harris -- I will wrap up in just a minute -- because our community has such a problem. As I recall the events, Mr. Harris was fleeing shooting guns and was killed by an officer after he pointed a gun at him. Representatives of Mr. Jackson's Rainbow Coalition and activists stirred the racial plot -- pot. I don't support this and I don't think that it has any need in the community. Thanks for listening to me. (Applause.) CHAIRMAN COLETTA: Thank you, sir. MS. FILSON: Next speaker is Eleanor Wood. She will be followed by LaVerne Franklin. MS. WOOD: Thank you. Commissioners, my name is Eleanor Wood and I live out this way about a mile. I'm speaking on behalf of the Democratic Women's Club of Collier County of which I'm privileged to be the president. The power to make the world a better place isn't given to everybody and we urge you use it carefully. We wholeheartedly support the formation of the Human Relations Committee. We believe, we hope you believe in a level playing field, in equal opportunity for all persons. What -- in regard to the controversial sexual orientation subject, what earthly bearing can sexual orientation have on operating a Page 206 December 17, 2002 computer, flying a plane, being a bank teller or installing carpet. Refusing a man or woman a job for such a reason should be illegal. Special treatment is not the purpose of this ordinance. It's supposed to ensure that the people in question receive the same treatment as everybody else. The argument put forth here that we don't need a human relations commission because there's one in Tallahassee borders on being ludicrous. In human relations even the appearance of concern is important. If we had had this organization in place when the shooting occurred, it wouldn't have gotten blown up like it did. I wasn't going to bring religion into this because you can't settle anything by the Bible, but I would like to tell you a little story. I went to school with a fat boy named Jerry Falwell and I was invited once to address the leaders of his church on the subject of wrapping Christmas presents. I went and they were very nice and I spent an hour, half hour with them. It was in December. And afterwards they came over and thanked me and told me how interesting it was and told me that they felt obligated to tell me that I was in danger of hell fire. Well, I couldn't think of anything that they would know, so I asked them on what grounds they based this important decision. And it was because of the book of Leviticus. I was wearing long pants because it was eight degrees outdoors. And the book of Leviticus says that I was an abomination to the Lord. So I went home and took a look at Leviticus and sure enough, it's in there. I don't believe that. All of the woman sitting here with pants on don't believe that, but in the book of Deuteronomy, which is the next book of the Bible, it says that homosexuality is an abomination to the Lord. Now a lot of people have been killed over this. Thank you for listening to me. I hope you will make us proud. I hope you will do all you can to protect some vulnerable segments of our society. (Applause.) Page 207 December 17, 2002 CHAIRMAN COLETTA: Thank you, ma'am. MS. FILSON: The next speaker is LaVerne Franklin. She will be followed by Scott Keller. MS. FRANKLIN: My name is LaVerne Franklin. I'm the president of the NAACP of Collier County. I first would like to say that the person who stood up here and made a statement that qualified that African Americans were not in this room and because of that they were not interested in this ordinance, I would like to set the record straight. I am the president of the Collier County. We have hundreds and hundreds of members who have jobs who are -- cannot afford to come here and sit for five or six hours. So they send people like me to speak for them. Also I would like to say that we had received a revised ordinance that eliminated all of the protected classes. I have been advised by my higher headquarters that that is not acceptable because it would not give us protection. Also the NAACP has been very active in trying to get this adopted. We stand by the record that it -- the original and the second draft that included all classes, and that is our position as of today. I would like to also state that we're here now hopefully that you Commissioners will set the record straight and say that equality reigns all citizens here in Collier County. You have the opportunity to control this preliminary, just the creation of this ordinance, not to fine-tune it at this particular point. We want you to create one. There's an advisory board in a great sense. We need here in Collier County the central -- a centralized agency where everyone can go to to talk about race relations, to implement proactive strategies, to have firsthand information what's happening here in your county. You need to know what's taking place here in your county. This commission will dissolve some of the disputes. It will give the people like the attorney Robinson stated a form. There is no place here -- no place here in Collier County to do that. You will be Page 208 December 17, 2002 a facilitator between the state and the federal government. You need to assist your residents. We don't need to send them anyplace else. We're taxpayers right here in Collier County and they need to be provided a service here. Some people say that we don't have those problems here in Collier County. That cannot be validated. There is no place here that keeps records, any kind of records on discrimination here in Collier County. We need that here in Collier County and this ordinance would do that. If you don't have any documentation, you don't have any recordkeeping, how would you ever know. Someone stated earlier that six, maybe six. We don't know that to be a fact. Maybe that's the six that got to the state level. What happened here in Collier County we will never know if we don't have a place here. Human relations must be established. They need to be nurtured, they need to be developed. And now is the time. We ask you to create today the human relations commission. And somebody stated the Bible. I know I'm taking a little longer, but forgive me. African Americans were discriminated for years in the name of the Lord. And what they did to us is they waved the Bible as they lynched us. They discriminated against us in the name of Lord and they declared white supremacy. Now people are still talking about the Bible. I think that's not your role here today is to talk about the Bible and interpret the Bible. Here you're supposed to provide a service for all the citizens here in Collier County. And that's what we're asking you to do. Because believe it or not, unrest is here. You may not be aware of it because some of you have been advised and those people who have been advising you are not minorities. They have not walked these streets like I have and a lot of minorities who have been discriminated against. You need to know that the pot is boiling. You need to know what is actually happening in your communities. And you as our leaders need to today create a human relations Page 209 December 17, 2002 commission. You have the power to structure it any way you want to. We can't tell you how to do that, but we're asking you to create a human relations commission today. Thank you very much. (Applause.) CHAIRMAN COLETTA: Thank you. MS. FILSON: The next speaker is Scott Keller. He will be followed by Jonathan Bayer. MR. KELLER: Good evening. My name is Scott Keller. When I first came here today, I -- what I thought I was coming to see, I really didn't see what I thought I was coming to see. I really felt it was a good idea for a forum to be presented. I have --just like other people here do, I don't agree with the statement of sexual orientation either, but the idea of a forum was a great idea. I thought well, heck, I'll just come up here and just say, you know, my piece about sexual orientation. But from there on, I'm fully against this as it stands. This ordinance is not what I was understanding it to be. But to start off real quick here, my point on the sexual orientation is it's not -- sexual orientation is not protected under the law. As a matter of fact, as some people pointed out, it's actually against the law. Certain orientations -- certain sex acts are against the law. So, I mean, just with that, this resolution I don't think was intended to deal with that. I think this resolution was intended for people who are being discriminated against to be able to speak up and not -- I feel it's just been hijacked as somebody else said. This has been -- the idea of what I wanted to see here isn't what it was. And if-- if you're looking for protection and -- for gay rights, I don't think this was the place for it. There's places to go to be able to get that legislation changed. The intention of this was to be able to -- from my initial understanding was to give a forum for people to speak and be educated and for people to outreach to. That's not it Page 210 December 17, 2002 from what we've seen here, obviously. And the logic of it is -- the thing that knocked me out of the loop was listening to how this is set up. As I said, the parameters, there are no parameters. We're writing a blank check here. We have no idea what's going on with this. On top of that, it is duplication. I -- I -- I spoke to the gentleman who spoke, Marion, I'm not quite sure of his name, but this -- and I wanted to speak to him because I felt that this was duplication. I was wondering well, what do they have and why is it that none of what we're doing -- thirty years this has already been around, thirty years at state level. How come this couldn't have been simply adopted to kind of format theirs and why isn't it. So I asked him, I said is -- is -- is sexual orientation covered in state law. It is not covered there. They don't -- they don't use it there. And my idea here is we have something in place. I don't want to pay for it twice. I believe that something needs to be done here. There needs to be a better forum, better connection with the state. Why don't we look at -- I mean, sometimes it might be as simple as giving, you know, a little office, an employee, a PC and Internet access for them to be able to be heard by the state at the state level. And the last thing is when she says we don't have that yet, we don't know yet, it's yet. That yet scares the living daylights out of me. I think the yet should have been answered here and it wasn't. Thank you very much. Have a great day. (Applause.) MS. FILSON: Jonathan Bayer. He will be followed by Gordon Svoboda. MR. BAYER: Hello. My name is Jonathan Bayer and I come from Naples. I just want -- I have heard a lot of stuff said here and everybody is coming at different angles. I think it was pretty much said pretty well. And I just want to say that I oppose the idea of a committee for this based on the fact that it's pretty loose. And I also Page 211 December 17, 2002 oppose the homosexual agenda connected with it. That's it. MS. FILSON: Gordon, I will let you pronounce your last name. MR. SVOBODA: It's a very simple Czech name, Svoboda. It means freedom, so it's a good one to have. MS. FILSON: He will be followed by Joel Leenaars. MR. SVOBODA: And I am up in Frank's area at Vanderbilt. I thank you all for the opportunity for these eighty people or however many spoke because our country allows freedom of speech. And I believe today we're involved in another aspect of freedom, because discrimination happens. Discrimination is wrong. I'm an ordained clergyman of the United Church of Christ and I have dealt with people in discriminating areas all my ministry and they're not easy to resolve and you have a large responsibility in this issue today. I hope that you will take seriously the sexual orientation portion of this issue. It is a discriminatory issue and discrimination is wrong. This human rights relations program is needed in our county, in our state and in our country. We need to grow. Thank you. (Applause.) MS. FILSON: Joel Leenaars. He will be followed by Nathaniel Winslow. MR. LEENAARS: Distinguished lady and gentlemen of the commission, zealous citizens. My name is Joel Leenaars. I'm a new resident of Collier County. I'm a gay man and I thank the good people of Naples and Collier County for their welcome and acceptance. I'm here because of the actions of my grandfather when he first came to the United States, a story he told me repeatedly with tears streaming down his face. As he stood on the deck of the boat as it brought him from Europe as an immigrant to the Statue of Liberty, it never failed to move him, as the thought moves me. The thought of Page 212 December 17, 2002 freedom and liberty and justice. And yet that's been denied to a number of our citizens. I really don't like to share with you my first impressions of Florida, because they were the opposite of the way I was brought up. When I got off the train in St. Petersburg, I saw things that to an eight-year-old in 1943 shocked me. I had never seen anything like it. I was used to seeing where it said restrooms, men and woman. And here it said men, women and colored. I was used to going to a drinking fountain and getting a drink. And when I came to Florida, I saw the drinking fountains labeled white and colored. This had a profound effect on me. And then as I went on through life and had more experiences, I saw where black people were shut out of buying in communities and Chinese and Jewish people were shut out and gay people were thrown in jail for being gay. We've come a long way since those days. But it's obvious by the testament and the petitions of some who spoke that there is work yet to be done in the area of human relations. To carry out this work of human relations and make this community a safe place for all residents, I urge you to support the measure in its entirety as presented. Thank you. (Applause.) MS. FILSON: The next speaker is Nathaniel Winslow. He will be followed by Hy Bershad. MR. WINSLOW: Good evening. I come to you with an agenda. We have talked about an agenda today and I have an agenda. It is an agenda of freedom and equality, period. Not just for certain people, but for all people. It is hard to recall that during the lifetimes of some of us racial separation and its bedfellows of hate, oppression and lynchings was generally accepted or at least not actively opposed in American society. Statements by governmental bodies and new laws helped to Page 213 December 17, 2002 change societal attitudes and helped to combat discrimination. It is difficult to remember that five decades ago Americans generally accepted women's second-class status with its associated abuse and severely limited opportunities. But governmental resolutions and new legal requirements led to improvements in the treatment and status of woman. So in ten or twenty years from now, will we look back at today and observe that you county commissioners had the courage to stand for equal rights for our fellow human beings with different sexual orientations? You are challenged to add your voice representing the people of Collier County in aiding the continuing march of human freedom and equality. I urge you not to cringe from the opportunity to do the right thing. There has been a great deal of bigotry and hate expressed here today under the guise of religion. Religious people have a right to their interpretation of the Bible. I happen to disagree with them and can address -- and can deduce I think rather a different interpretation. I too have studied the Bible and have a theological seminary education. There are prohibitions against eating pork. There are prohibitions against planting seeds of different kinds of plants in the same hill of earth. There is a prohibition of few versus -- before the prohibition against homosexuality in Leviticus, there's the prohibition against having sexual relations with a woman during her menstrual period. There are some people who hold to all of these rules. There are some people who hold to none of them. It seems to me very important to understand that if we are going to have a common understanding of religion, it ought to be on a basis of the things that are basically important. And in nowhere in the ten commandments does it say anything about homosexuality. Homosexuality can be thought of as wrong and many peoples have -- many people have said that. But it is not your position, it is not your rule to establish a particular interpretation of religion. That Page 214 December 17, 2002 is not the issue. It is protection of all people no matter what they believe or how they behave. Thank you very much. (Applause.) MS. FILSON: Hy Bershad. John Gursoy. Following John will be Helen Slimak. MR. GURSOY: Good evening, Commissioners. John Gursoy, for the record. East Naples is where I live. I have been a resident of the community since ! 976, and I'm opposed to the ordinance based on the sexual orientation language that's included. As a follower of Jesus Christ, I love and currently minister to homosexuals in the business community. As a financial planner for a national firm, I have gay clients that I treat as equals. As I worked for the Ameriac (phonetic) corporation as a sales manager, I saw no discrimination in my early years there, right out of school. And then as national sales manager for the Ritz Carlton here in Naples, in the four years that I was there, I saw no discrimination in this area. I believe that everyone is a child of God and is created equal and therefore should not be discriminated against. The federal government already has the parameters in place for these concerns about discrimination. You do not need to get into this arena or that runaway train that was mentioned earlier. We don't need this ordinance because the constitution protects all of the citizens of Collier County. And if the ordinance is passed, my concern is it will cost taxpayers money. You're going to have to create staff positions. Jim Mudd and Leo over there are going to have to administer these individuals and you're going to have to deal with this as it grows and grows and grows. And there's another concern I have is -- as you know I work very closely with children in a faith-based organization here in town. And we try to -- we work with the kids on the premise that we're Page 215 December 17, 2002 trying to keep them from getting involved with drugs, alcohol, gangs, crime and sexual immorality. And the reason why those five criteria are the criteria for our faith-based organization is very simple. Those are the five areas that repeatedly come up that are destroying the families and the very fabric of the nuclear family in this county. And we deal with it on a daily basis. And so on a selfish reason, for my wife and I, we oppose this ordinance greatly because of our own two children now that we have been blessed to have. And we do not want Collier County to force education about the destructive lifestyle that we have seen in counseling kids in this county from the homosexual agenda. Because this is a behavior of choice. It is not something that is outlined by the constitution as race, color, creed, origin that we have heard mentioned here. The traditional family needs to stay intact in Collier County. Trust your founding fathers and what they laid out in the constitution. Trust the seal behind your backs right now that says in God we trust, the very logo which is on the side of every police car here in this town. And Don Hunter is prepared to protect anybody if they are discriminated against or hate crimes or anything is brought against them. So trust your founding fathers, trust the constitution, trust in God and you will be fine in this situation. Thank you. (Applause.) COMMISSIONER HENNING: Mr. Gursoy. MR. GURSOY: Yes. CHAIRMAN COLETTA: Go ahead, Commissioner Henning. COMMISSIONER HENNING: And pardon me, Commissioners. I do have questions about the Gulf Coast Skimmers. You are a not-for-profit organization? MR. GURSOY: Correct. COMMISSIONER HENNING: Are you chartered as a Page 216 December 17, 2002 religion? MR. GURSOY: No. COMMISSIONER HENNING: Okay. So it's just the principles of your teachings are faith-based? MR. GURSOY: Correct. COMMISSIONER HENNING: Okay. Thank you. CHAIRMAN COLETTA: Next speaker. MS. FILSON: The next speaker is Helen Playa Slimak. Robert Statile. CHAIRMAN COLETTA: That leaves us with -- this is number fifteen; is that correct? MS. FILSON: Yes. CHAIRMAN COLETTA: The way I read it is if we go through all of the speakers, we will be finishing up at about quarter after or twenty after, provided they're all still here. At that point in time, if you want to go to that, so we can get all of the speakers behind us, then we can use our deliberation for tomorrow morning. But go ahead and consider it between now and then and we will talk about it when we finish the speakers. MS. FILSON: Following Robert will be Richard Croasdale. MR. STATILE: For the record, I'm Robert Statile. Love Naples. Have lived here for twenty-four years. For the record, I am strongly opposed to this. My so called right winged religious camaraderies here have said half of what I feel from a religious standpoint. So I will leave that aside. I'm a father. I'm a husband. Thirteen-year-old girl. I may be a late bloomer as a child or severely protected by my mother, but I did not know what homosexuality was until I was seventeen. My daughter knew, as far as I knew, at the age of twelve. My daughter's innocence has been stolen by the demise and morale decay of society. And I am strongly objected by this. We do a lot of renaming. I am not a bigot. I am not Page 217 December 17, 2002 discriminatory of people. What they do in their own home, that's their business. I don't beat on their doors telling them about Jesus when they don't want me there. Self esteem has been replaced for character. Stress has been replaced in our society for poor time management. Hyperactivity has been replaced for poor parenting. Let me tell you, I am a hyperactive child, okay. You want to talk to my mother, she will tell you what hyperactivity is. Homosexuality to me is a choice and a sin and no medical doctor will convince me otherwise. The committees, yes, it equals higher taxes. Your severely over-priced property and higher taxes has solidified the fact that my family will retire in the state of North Carolina. I cannot afford to stay here and retire. So that is one factor. And the other factor is if this thing passes, I will guarantee that when my daughter is ready for college, she is pushed over the Florida state line. I am against this one hundred percent. And for the lady that mentioned about Dr. Falwell, my wife worked for him for eight years and he's very politically active and that's why people attack him. I know him very well in a meeting I had with him. Thank you for your time. (Applause.) MS. FILSON: Richard Croasdale. Nicole Townsend, Tonnessen. She will be followed by Barry Brown. MS. TONNESSEN: My name is Nicole Tonnessen. I'm the president of the Gay and Lesbian Business Network in town. Just some things that people have not said yet. Someone mentioned earlier we have no control over race, gender, disability or anything like that. We don't. I was born a white woman, but I would argue on the other side that their religion is their choice. We see many people who convert and switch to a different religion, so should we remove that and not have that a protected class. Just a counter argument on Page 218 December 17, 2002 that. I don't think we should take anything out. I think we should leave it in. And for those who say that my partner that I have been with for six and a half years, and the daughter that we had together in this county, choose this lifestyle, I would ask that they stand in my shoes for maybe an hour or a day, just to get a perspective. I would never in my right mind choose to love someone of the same sex so that I can stand in a room or sit back there for five hours and hear people say I love you, but you're not worthy. I love you, but we're not going to protect you in case something happens to you. We're not going to have a human relations commission. And this thing doesn't sound perfect right now. It's a baby step, it's a starting point. Let's address some of the issues so that the county as a whole can get along better. It doesn't have to be enforcement powers, anything. But we need to hear the diversity. It exists. It's not going away. The last thing, just from my own personal story, I have suffered discrimination. I spent twelve years in the United States Navy. I was extremely proud to serve my country. It was -- it was an honor. But to live for twelve years and to think are they going to take this career away from me because I'm gay. As they gave me award after award, is that not good enough for me to serve my country? And it wasn't. Had they known, I would have been out with a dishonorable discharge, simply because I love who I do. I don't think that this commission is a threat. I think it is just a starting point. I think it is a great idea. And for the people who don't support it, they're the ones that I think it's the best idea, because through education, we learn tolerance. And I will close because I have twenty-eight seconds, but there was a great story on one of the talk shows several years ago. And there was the KKK and a black couple on the stage going at one another. They panned to the green room and sitting in the green Page 219 December 17, 2002 room were two children, a white child and a black child playing with one another. The hatred starts young. We're not out to recruit. We don't want your kids. My daughter will be raised in a loving environment. And if she's gay or straight, I will love her anyway and I will encourage her to be the best person she can. And I hope that this commission's created. Thank you. (Applause.) MS. FILSON: Barry Brown. Margret Rossbach. Gabrielle Gilmore. Are you Margaret? Following her will be Gabrielle Gilmore. Go ahead. MS. ROSSBACH: My name is Margret Rossbach and I live in Collier County. Registered voter. I'm the mother of a gay son and I actually believe that there are good people in this county. They just don't speak to one another and they don't understand. I have given up trying to convince anybody or make them believe the way I do. I listened back there and inside of me when some of the folks who are good Christian Baptists in their own opinion spoke and there was scream on the inside though. My son was a doctor in this town. He was a periodontist for ten years. He's dead. I'm not playing the blame game, but I'm seventy-two years of age and he came out late and I saw his struggle. And one of your -- one of your commissioners said that there were only six complaints, that this county doesn't have much to complain about. You don't know. The young black woman said we have no records. You would be surprised how much I have seen. I will be glad to document if somebody is interested. I urge you to pass this. I would like to read this. I speak to you as one who has witnessed firsthand in Collier County the kinds of ugly homophobic bias that is possible when there are no laws to protect people against bigotry of others. Despite Page 220 December 17, 2002 the rhetoric of the far right, gay people are not covered by state or federal laws. That's why twelve states and hundreds of counties and cities have created the necessary protections. The measure you have before you is controversial solely because of the word sexual orientation. Why does that scare you so much? Other speakers have and will attempt to inflame the issue by deliberately confusing the issue and by proselytizing their religious views about immoral behaviors. This ordinance is not about protecting people against discrimination based upon behaviors, but rather based upon their status as black or white, gay or straight, Christian or atheist. Scare tactics and biblical quotes have no place in these rooms for deliberations. If you pass this legislation as it is proposed, keep in mind that you are representing the will of the majority of the people. Poll after poll indicates that eighty percent of the American public support non-discriminatory discrimination legislation and includes sexual orientation. If Collier County defeats this proposed ordinance because of the word sexual orientation --just a minute -- it will be the first Florida community to do so in recent history and risks being seen and labeled as extremist in its political views. Orlando, Sarasota, Tampa, St. Petersburg, Miami and Fort Lauderdale have all passed similar legislation in recent months and years. But if you decide to defeat this legislation, please do so honestly. Go on the record that Collier County does not support the protection of the civil rights of people who are gay. CHAIRMAN COLETTA: Please wrap it up, ma'am. MS. ROSSBACH: Let us and the rest of the nation know the bounders -- boundaries of your tolerance. CHAIRMAN COLETTA: I'm going to have to ask you to -- MS. ROSSBACH: Thank you. (Applause.) Page 221 December 17, 2002 CHAIRMAN COLETTA: Thank you. MS. FILSON: The next speaker is Gabrielle Gilmore. She will be followed by Bill Thiesen. MS. GILMORE: Good afternoon. I guess it's getting to be good evening now. My name is Gabrielle Gilmore. I am res -- a three-year full-time resident of Pelican Bay in Naples and a -- before that a twenty-nine-year resident of Lee County. I am the president of a recently formed Naples chapter of PFLAG, which stands for Parents, Families and Friends of Lesbians and Gays. We are a -- family based support group for families with gay members. This group started in 1978 and now has over four hundred seventy chapters internationally with over eighty-five thousand families as members and we're growing all of the time. My husband of forty-one years and I have a thirty-eight-year-old son who told us when he was nineteen that he was gay. We got involved with PFLAG to support him and to try to make society a safer and more accepting place for gay people. We did not raise our son to sit in the back of the bus. Our son is a remarkable young man with a circle of friends any one of whom we would welcome as a next door neighbor. Generally speaking they are respectable, productive, hard-working, sensitive people. You don't have to like them personally or their sexual orientation, but you must respect their basic civil rights. To do otherwise is unconscionable. We are seeking equal rights here, not special rights. Gay people live and work among us and have always done so and will continue to be among us. Some are known to us to be gay. Others are closeted too fearful to be themselves lest they be labeled and discriminated against. We often hear stories from gay people of not only discrimination, but of gay bashing. We see here in this room today people who wish to be free to discriminate, otherwise they would not Page 222 December 17, 2002 be here in such numbers and would not have deemed it necessary to take out an opposition ad in the newspaper. There is so much intolerance, fear and hatred against an entire segment of society that it should be obvious to you that discrimination against gays is widespread and that this ordinance with the word sexual orientation is necessary. The American Psychological Association and the American Psychiatric Association have stated that homosexuality is not a choice and not a disease or condition that can be treated. They stated it is something a person is born with, much like left-handedness and that it is impossible to make a straight person gay. As a mother who raised three children, I attest to those facts. (Applause.) CHAIRMAN COLETTA: Thank you, ma'am. MS. FILSON: The next speaker is Bill Thiesen. He will be followed by Dale Danford. MR. THIESEN: Good evening. Mr. Chairman, Commissioners, my name as Bill Thiesen. I have been a resident of Collier County for thirteen years plus. I have at times worked with the board, the commission as part of the Ethics Review Board. I come here today not to say what is or is not to be included in the ordinance. Up until I think it was one -- one forty, one forty, no, closer to one fifty this afternoon I considered myself a literate person. I am amazed that I have been -- been -- attained the age of sixty-five and as of now do not understand the meaning of investigate, direct, dictate, determine. This ordinance as written, and I'm not talking about the people who will benefit or not, the ordinance as written gives broad powers, no matter what we were told by Miss Robinson, very broad powers though this ordinance. This ordinance probably if it was looked at completely and thought through would be found to have more power than the commission of Collier County itself. Page 223 December 17, 2002 It has the power to investigate. It has police powers. It has the power to determine the causes, content and direct the schools what to teach our children. It's all stated in there. Whenever Miss Robinson was asked about it, she said that's not what it means. I have to ask the commission to consider why they would .approve an ordinance that contains so many provisions that have been stated by the writer to not mean what is said. Take an ordinance that is clear, take an ordinance that states its purpose, take an ordinance that at least adheres to the words written in it and then consider it. I feel it is an error, I feel it is impractical, and I feel it is wrong to accept this ordinance as written. We must have something before the commission in which the word investigate means investigate, direct means direct. If direct doesn't mean direct, why do they want the power to promote or to put together educational programs to be brought to public and private schools and have the power to tell the schools how to present them to our children? No, they have come across, past the county commission. They have gone past the police power of the Sheriff's Department and this ordinance contains enough power to put the Sheriff's Department, the County Commission and the schools of Collier County at the direction of five people from the community and five business people. Thank you. (Applause.) CHAIRMAN COLETTA: Thank you, sir. MS. FILSON: The next speaker is Dale Danford. He will be followed by Robert Waegele. MR. DANFORD: My name is Dale Danford. I'm a resident of Collier County for fifteen years. And I'm here speaking for the formation of the human relations commission and the inclusion of sexual orientation in its scope. Page 224 December 17, 2002 This request for including all who live in our county under an equal protection ordinance would seem so modest and common sense that I wonder how there could be any opposition to it. Yet when I look at some of the other groups included, especially race, color, sex, national origin and religion, I'm reminding -- I'm reminded that each group had to endure long periods of oppression and sometimes martyrdom to overcome the bigotry that denied them equal protection under the law. And sadly, religious leaders, armed with plenty of biblical support, were virtually in the vanguard of this oppression, which is certainly the case in our discussion today. Permit me a few examples. Perhaps the most influential leader in America today predicted on national television that fire and brimstone would fall on Orlando because Disney, which is headquartered there, offered to partners of gay and lesbian employees equal medical benefits. Another influential religious leader who has been mentioned several times today blamed the events of September 11 th on homosexuals. The same individual has coined the phrase gay agenda and has in true Joseph McCarthy form equated it to a communist plot with the added menace of infecting innocent people with their gayness. I asked some gay acquaintances about what really was included in their gay agenda. I was told the only agenda they were aware of was to get up each weekday morning and go to work, to watch television or an occasional movie in the evening, to enjoy a restaurant meal from time to time and go to a place of worship on the weekend, et cetera. In other words, while having differences, as do every other group seeking freedom against discrimination under this ordinance, the gay/lesbian community are just plain old people trying to lead a normal life. Everyone deserves to live without the fear of discrimination. This is not a special right. It is a basic equal right to everyone and deserved by everyone. Inclusion of sexual orientation Page 225 December 17, 2002 is the right thing to do. Thank you. (Applause.) MS. FILSON: Robert Naegele. Gina Braten. Gina will be followed by Judith Fales. MS. BRATEN: Good evening. Members of the commission, Chairman, my name is Gina Marie Braten. I am a three -- or two-and-a-half-year resident of Collier County, Florida. I'm originally from Broward County where I spent the first twenty-five and a half years of my life and lived in Palm Beach County for about a year before -- after that. I am also a lawyer. I am also a Christian, a member of San Marco Catholic Church and a married heterosexual female. And I believe that sexual orientation should be included. Originally when I came here I had received a letter from the ACLU alerting me to this meeting and to this issue and I did send an e-mail to members of the commission, which were responded to by I believe two members of the commission. I -- originally, the only thing I was going to come here and say was my support for including the phrase sexual orientation in the ordinance. After listening to a lot of speakers today and after reading the ordinance thoroughly, I do agree with some of the people that have said perhaps we need to not scrap this ordinance, but I think it probably needs to go back to the drawing board. I would think that at some point it should be brought back before the commission, however, I think there are some serious ambiguities, as well as speaking as a lawyer, although not an expert on these issues, I would think there probably might be some legal concerns. I do think the spirit of it is very good though and I think we do need it. I would disagree with anyone who says it is not needed just because there are existing laws. Not -- laws are not always followed all of the time. There have been federal protections that have been Page 226 December 17, 2002 ignored. There are federal laws that were ignored by the then governor of Alabama, George Wallace, who refused to let African Americans into state universities even when federal judges told him he had to. Discrimination still continues against all members of society. There was a gentleman earlier who spoke that said this would create a big legal mess. Now, legal messes have gone on for years. And if it weren't for some of those legal messes, we wouldn't have had the Civil Rights Act of 1964 finally enacted. Discrimination of woman and African Americans and other minorities still continues today. As far as there being an agenda, I think everybody has an agenda of some kind. For anyone to say they don't have an agenda is really silly. We all have agendas. But the real issue is that discrimination of any kind is wrong. A person's behavior is not the issue. That's a matter of privacy. I don't care nor do I want to know what goes on in anyone's bedroom nor do I share my personal practices whatever they may be with other people. That's not an issue. What we're talking about is a member, a person, a member of this community, a human being who is discriminated against just because of who they are. Not what they do, but who they are. And that is inappropriate. And it would be a miscarriage of justice to do otherwise. If you choose -- I will finish up quickly -- if you choose to adopt this ordinance, I would ask that you vote on it with the term sexual orientation included. If not, if you didn't adopt this ordinance, I would ask that it not be because of that reason but because there are some other things that need to be addressed with it. Thank you. (Applause.) MS. FILSON: The next speaker is Judith Fales. She will be followed by Raymond Fales. Page 227 December 17, 2002 MS. FALES: I would like everyone to know that if I'm up here, we're almost done, because I had one of the last numbers. My name is Judith Fales. I have lived as a full-time resident in Naples for about a year and a half. Before then I had the joy of eleven years of life in the state of Vermont. Vermont, as many of you may know, struggled with a lot of the issues that have been discussed today. It was a state that put in it's state law protection for people based on sexual preference. It was a state that in recent years passed the civil union law, coming closer than any other state to acknowledging the right of gay people to have marriages and to have the protections that marriages bring. No one can legislate away individual fear and hatred. And I'm saying hatred, not love. I think the word love here today hit me the way it would have as a slave owner -- if a slave owner had said to me I love my slaves. So there is no way for us to legislate away that kind of feeling. We can insure, however, that we don't have institutionalized bigotry in Collier County. And the way to do that I believe is for you to have the moral and civic courage to pass this ordinance as it's worded. Thank you. (Applause.) CHAIRMAN COLETTA: Thank you. COMMISSIONER HENNING: Next speaker. CHAIRMAN COLETTA: It's coming, Commissioner Henning. MS. FILSON: Raymond Fales. And he will be followed by David Bryant. MR. FALES: I'm Raymond Fales. I'm a Collier County resident and I support the -- I support the ordinance and the inclusion of sexual orientation primarily because I think it's right. Secondarily, we have an economy here in Southwest Florida which is driven by tourism and real estate. I don't think we can Page 228 December 17, 2002 afford to appear as though we discriminate against any class of people. Thanks. (Applause.) MS. FILSON: David Bryant. Thomas Maloney. He will be followed by Hixon Helton. MR. MALONEY: Good evening, Commissioners. My name is Thomas Maloney. I have lived in Collier County for twenty-four years before I moved to Lee County just recently. And I still work in Collier County and I have sons who live here and work here as well. I have a petition here that would be opposed to the inclusion of sexual orientation in this initiative signed by a hundred and some people that I would like to present to you. I would also like to suggest to you that the ideas that have been expressed here are somewhat unreal. For example, when they say all discrimination is wrong. Well, I mean that's not the real world. We know that we can discriminate against rapists and thieves and other people who want to rent from us. So the only thing is, they're really talking about these categories that you have established here or that somebody has established. And the one category that is, of course, the most controversial is sexual orientation. And that represents the category that refers to conduct. All of the other categories refer to characteristics that are innate and immutable. But this conduct, this is conduct. And we don't have, for example, other areas of conduct such as people who smoke or drink or people who are motorcyclists or people who practice law. We don't protect them under this ordinance. We all of a sudden are trying to say that because these people engage in a certain activity, that they need to be protected and that we should protect them. And I think that that's wrong. And I think it's especially wrong insofar as it will affect our school system. I know I raised four boys and I certainly would not have Page 229 December 17, 2002 wanted our school system to be teaching that sexual -- that homosexuality is an accepted alternative life-style. We have heard people here today say that it's an inherent thing and yet we know that the most obvious couple in the last few years that was on television as the lesbian people, I forget their name, Ellen DeGenerous I think is one of them, why they broke up six months later and one of the persons to that coupling has now married a man. And so we know that there are all kinds of people who have come out of the homosexual lifestyle. It's not easy. I'm not saying these people who are homosexuals are just contrarians (sic). They're not. They have had difficulties. Somehow they have got, you know, their lives distorted. And it's a shame and I'm sorry for them. But it's not a reason -- it's not a reason for us as a community to say that they are to be a protected party. Thank you. (Applause.) MS. FILSON: Mr. Chairman, your final speaker is Hixon Helton. CHAIRMAN COLETTA: Sir, we are glad to see you. MR. HELTON: I am glad to be here. My name is Hixon Helton. I have been a resident of Collier County for twenty-three years. I don't know how I was fortunate enough to be the very last one. But I too am glad that we are concluding this. I would like to speak to you from two perspectives this evening, first as a citizen, as a taxpayer in Collier County. I believe that our government already protects us in many ways. We are guaranteed life, liberty and the pursuit of happiness. That is a guarantee of all citizens of the United States. And I believe that we need to guarantee that. Also as a taxpayer, I am very concerned that we would include sexual orientation. I believe that to single out one specific group such as this, we're going down a slippery slope. I think we could Page 230 December 17, 2002 much better use our taxpayers' money, time and the efforts to better address some of these issues. I appreciate the time that the staff and that the commission has spent deliberating this and I commend you for looking at it. But I would encourage you to defeat and not vote for the ordinance that's before you. Secondly, I would like to speak to you from the perspective of a minister of the gospel. I pastor a congregation here in Collier County. I'm very concerned that some of those who spoke in support of this issue would feel hatred, discrimination, issues that I don't -- that I did not feel, issues that I do not have personally. As a minister I have very low tolerance level for those who practice discrimination and those other issues. I can identify with the gentleman who spoke earlier about being discriminated because he had red hair. You might not be able to tell it now, but I did have red hair at one time and it was much thicker than it is right now. I remember going to parties and being beaten up. I remember having clothes ripped off of me because I had red hair. And that really ticked me off, but there was nothing I could do about it because I was the littlest guy in town. I had to live with it. Therefore, I do have a low tolerance for those who practice this. From my perspective as a minister, I don't use the word love loosely, I mean it. We care about Collier County. And anyone in Collier County is welcome to worship with the worshipers at the church where I am the pastor. If you do that you're not going to agree with some of the things that I say, but you have the right and we would welcome you with open arms to worship with us. From the biblical perspective, I must agree with the Apostle Paul in the first chapter of Romans when he cautioned civilization, cautioned the church at Rome about those who forsake what is right and do those things which are wrong. He cautions those -- and I have got about two seconds and I will be done Page 231 December 17, 2002 -- as men forsake the natural for the unnatural and woman the same way. We love you. We do appreciate you. We want to minister to you, but I must stand with him and ask you to defeat that issue, specifically the sexual orientation. Thank you. (Applause.) CHAIRMAN COLETTA: If I may at this time -- MR. MUDD: Mr. Chairman, I have one -- I have one speaker slip that was turned in sometime after this argument started. And I'm asking you -- CHAIRMAN COLETTA: Of course. MR. MUDD: -- if you want to hear this particular -- CHAIRMAN COLETTA: Of course, of course. Please, bring it up. MR. MUDD: Mr. Mark Benson, please. And that is the last speaker slip anywhere that I can find that has a name on it. CHAIRMAN COLETTA: Well, then we're doubly glad to see you, Mr. Benson. MR. BENSON: Good evening. My name is Mark Benson and I thank you for the opportunity to address you this evening and I'm glad to be the last speaker. I felt we might be here until eight o'clock tonight or perhaps tomorrow. I would like to address a couple of the points that have been brought up today. First about the petitions. This is not a popularity contest that we're discussing here. This is about discrimination against anyone. Certainly there's an ability for people to run ads and take out petitions and we could do that until the cows come home, but it's not about that. It's about discrimination. When we talk about whose religion, are we talking about, are we going to choose religions? No, it's about discrimination again. The founding fathers of this country sought freedom here in this country from the persecution of those where they were and their Page 232 December 17, 2002 religions. We're not talking about sexual behavior. Sexual behavior in public is wrong. We're talking about sexual orientation, what someone is attracted to someone else. And to be told that someone is attracted to them, they have a choice over that. I ask each one of you how easily could you change your sexual attractions to your partner or to someone in your life? It's not an easy thing that you can just flip around and do. There are people as mentioned who have changed, probably bisexual in the first place. Those are studies that you can address. We have heard about the school system. This is not about the school system. This is about educating the residents of Collier County about diversity. We have heard about one percent of the Collier County residents might be gay or lesbian. I challenge that percentage. You can find out from national statistics. We have heard about costs and the taxpayers' dollars. Well, there are many things of concems to many different taxpayers in this county and this is a concern to many here. And lastly, we're talking about equal opportunity and justice for all. Please include the word sexual orientation. Thank you. (Applause.) CHAIRMAN COLETTA: Thank you, sir. Final comments, I want to tell you you have done an excellent job. Every presentation was very good. You were all ladies and gentlemen and I appreciate that. What I'm going to do is start with Mr. Halas and go down the line. I want to explain to you where we are. It's seven minutes past six. If you want to commit to finishing this tonight, I'm not going to rush it. I expect it to be at least an hour, if not longer. So we will start with you for your thoughts on that and then we Page 233 December 17, 2002 will go down the line and we will either continue or take a break. COMMISSIONER HALAS: I think there's been an awful lot that's been presented here since one o'clock this afternoon. And I feel that in order to really have serious justification on where I'm going to go in my vote on this, I would like to sit down and go through all of this and digest it. I feel that's the fair way of doing this. CHAIRMAN COLETTA: Commissioner Fiala. COMMISSIONER FIALA: Yes, I know I'm tired. I've been here -- we've all been here, what, ten hours already? CHAIRMAN COLETTA: Actually, yeah, you can take an hour off for lunch. COMMISSIONER FIALA: Eight, I'm sorry. Okay. And still I'm tired. CHAIRMAN COLETTA: I'm tired, too. COMMISSIONER FIALA: And I want to make sure that I give this the fairest amount of thought and opinion. But at the same time, if you guys want to stay on, I'm willing to do that. So I'm flexible. CHAIRMAN COLETTA: Well, I for one think that I would like to be able to take the time to deliberate -- deliberate on this tomorrow when everybody is fresh, including staff. A lot of questions to be asked. I got a whole page full here that's going to take some time that I want to go over. COMMISSIONER FIALA: Yeah, I have a couple pages myself. CHAIRMAN COLETTA: Commissioner Coyle. COMMISSIONER COYLE: I say let's go for it. These people are interested in finding out what we're going to do and they might not be able to come back tomorrow morning. And I think we ought to deal with this issue. It's an important issue. I think we should deal with it before we leave here tonight. Page 234 December 17, 2002 CHAIRMAN COLETTA: Commissioner Henning. COMMISSIONER HENNING: I'm sure these residents and visitors that came to speak today have a lot of other things to do besides sit in the board of commissioners room for two days. I just have a few questions. And from my questions, I might be willing to make a motion. But I think that we owe it to these citizens here today that took all of their time out. A lot of them have been here before one o'clock. It's only fair to them. CHAIRMAN COLETTA: I got to warn you though, once we -- we proceed forward, I am not going to allow it to be cut short. Well, at this point in time, I guess, Commissioner Fiala, you felt both ways on it. How do you feel? I'm for starting it up again tomorrow moming. You expressed the desire to go either way on it. COMMISSIONER FIALA: Oh, boy. CHAIRMAN COLETTA: We're going to make you the responsible person in the end. You're going to get the blame no matter what happens. COMMISSIONER FIALA: Well, I tell you. CHAIRMAN COLETTA: I hope this isn't discrimination just because she's the only woman up here. COMMISSIONER FIALA: And it is. No, I'm just as willing to go on and finish it tonight and while everybody is here. You have made some good points about them being here. Some people have traveled in from out of town. But do you know what, I would like to have like fifteen minutes to clear my head. CHAIRMAN COLETTA: We will. We're going to take a short break. COMMISSIONER FIALA: And I-- and I like the idea of you not cutting -- none of us cutting anybody short. CHAIRMAN COLETTA: Before we go on break, the public hearing is closed. When we come back we will do our deliberation. Thank you. Page 235 December 17, 2002 (Break taken at 6:10 p.m. to 6:28 p.m.) CHAIRMAN COLETTA: Ladies and gentlemen, please be seated. We want to start. Breakfast will be served in a couple of hours. We will start off with Commissioner Henning. COMMISSIONER HENNING: I have some questions for Miss Robinson. First of all, I want to thank her and the county manager staff for going out to the community. Direction from the Board of Commissioners and also the Board's comments for the creation of this ordinance. The question that I have, Miss Robinson, is itts pretty clear to me the powers that we're setting up for the commission. And if I had a business of building widgets and my personal beliefs, my religious beliefs condoned sexual orientation, the way I read this, that I cannot discriminate against that person because I'm not a religion. I just have a belief of certain things that are wrong or right. Therefore, government can take action upon me against discrimination. MS. ROBINSON: Not under this ordinance. But perhaps -- COMMISSIONER HENNING: It's done in other communities. MS. ROBINSON: In other communities they have different-- they have -- the Human Relations ordinances in other communities in the state really run the gambit. The ordinance that's before you today does not have any enforcement powers, nor does it create a right of action in a court of law. COMMISSIONER HENNING: Well, then we're not doing anything for the gays and lesbians then. MS. ROBINSON: Well, what you are -- what you're doing is identifying them as a group that would be able to bring under this ordinance a complaint before the commission and discuss a matter before the commission. COMMISSIONER HENNING: And if government is not going to take action, why are they in here? Page 236 December 17, 2002 MS. ROBINSON: Well, they would be able to take action in the sense of it being a bully pulpit. They would be able to take input from the community as a whole and according to the ordinance, there's certain things that they would be able to do. One of those things, however, is not to create a cause of action that could result in a lawsuit from their actions based upon a complaint that's brought before them. COMMISSIONER HENNING: Okay. MS. ROBINSON: The idea was simply to create a forum pretty much for the community to discuss the effects of discrimination. COMMISSIONER HENNING: Okay. That isn't how I read it. And I read some other things in here that the commission, this commission can provide education for the school system about this ordinance. And the way I have seen it in other communities, and it's nonsense to create, put in sexual orientation without government action. And if we're doing that, then it's not fair to the minorities in here because we would have to also take action for discrimination. And that's what the whole basis of it was, is to recognize discrimination against minorities. MS. ROBINSON: Right. And the ordinance does provide for that. COMMISSIONER HENNING: And it does? MS. ROBINSON: Yes. COMMISSIONER HENNING: And what I remember when we were deliberating on this when we gave staff direction, I stated that I didn't want to create more government. We have state and federal laws for protection of minorities and which I believe, and I believe that we ought to educate the community of those -- those rights and actually assist in the education purpose. And this isn't what I thought it was all about. It's setting up the stage to go further. But I appreciate the ordinance. I can't vote for Page 237 December 17, 2002 this ordinance, but I do have some recommendations for our staff to come back with later on. So I'm going to make a motion to deny this item and after we take a vote on it, Commissioners, I hope that I would be allowed to take a little bit of time for some ideas on the original intent. COMMISSIONER FIALA: I will second the motion. CHAIRMAN COLETTA: Okay. So we have a motion by Commissioner Henning to reject this -- hindsight. We have a motion by Commissioner Henning for denial. Second by Commissioner Fiala. And now for the discussion. Commissioner Fiala, you're first. COMMISSIONER FIALA: Yes, there were -- there were a few things that bothered me about this as well. I felt that the -- the original intent to create a forum, we could even have done that without an ordinance. We could just do that on our own. And I think the intent was much needed really. And I think we all agreed on that, to create a forum where people could -- could more or less talk over their concerns, air their concerns. The words that I kept hearing, yet, what comes next. These things make me very nervous because I felt we were just taking one small step. And I'm afraid that I'm not good at seeing through a smoke screen. It just -- it makes me very nervous when I just hear the beginning or the first step of or yet. And so that's one of the reasons. I would like to create this forum that has been spoken of. It also -- I also found it to be of concern if we were only creating the forum, just locally here for people to come and talk to each other, why did it bring people out from the rest of the state? What difference does it make what we do with our forum? And so I thought that also raised a red flag on that field for me. If it's only -- if it's only the beginning, if it's yet, this is the first thing yet, that maybe is the reason people came down from other parts of the state to -- while we create a Page 238 December 17, 2002 CHAIRMAN COLETTA: Thank you, Commissioner Fiala. COMMISSIONER FIALA: Sorry I talked so long. CHAIRMAN COLETTA: No, you did fine. Commissioner Coyle will take care of this. COMMISSIONER COYLE: Yeah, I'll take up all of the rest of the time. I have a procedural question, if the board votes in favor of Commissioner Henning's motion, can we expect that we'll have a follow-along motion that would propose some resolution of this issue. COMMISSIONER HENNING: I hope to. COMMISSIONER COYLE: Okay. Then I will save my questions and comments then until we reach that point. Since this motion is fairly clear, I don't really care to debate it. CHAIRMAN COLETTA: I do have some questions. Mr. Brown or Mrs. Brown, excuse me, said that this would result in complaints being dealt with and not lawsuits. I totally lost what that meant. In other words, could you explain that, Mrs. Robinson? MR. MANALICH: Commissioner, if you could explain a little bit what you mean exactly. CHAIRMAN COLETTA: Well, no, that was a comment that was made. In other words, if we had this ordinance in place, that it would just result in complaints and not end up in lawsuits. I was totally lost by that statement. One of the people that was speaking, and I thought it might have been clear to you. It wasn't clear to me. MR. MANALICH: I'm not sure taking it out of context what was meant, but the only thing I can fathom would be that there is a process here whereby people can lodge complaints with the manager office that feel that they have been involved, suffered from discrimination. That is then brought through this forum process for discussion. Page 239 December 17, 2002 Lawsuits, there would be nothing that this commission would be doing in terms of being involved in lawsuits. If a person that brought a complaint wanted to bring a lawsuit, if they felt they were discriminated, they would go and hire their own counsel or go through the appropriate agency, like the EEOC or whatever they were referred to. Does that touch on -- CHAIRMAN COLETTA: I guess so. It was just one of those things I was listening to and it made absolutely no sense. So I thought I would throw it back to you and it still makes no sense. So let's not go there. It's not worth dwelling on that. I did hear from several people about duplication of effort. I also heard-- John told me it's an oxymoron of bureaucratic redundancy with the fact that we already have in place with the state the mechanism to be able to take positive action rather than have it end up with a committee that's going to discuss it. And that left me with some concern. MR. MANALICH: I mean on that point the only comment I would make, and if Miss Robinson wants to add anything, that's fine, but there are existing state and federal agencies. They each have, as you all know, limited jurisdiction to what each of them will handle. What we heard through the community input was that in the view of the proponents of the ordinance that those agencies, those resources were in some -- in a number of cases ineffective or too far away or didn't deal with local issues in an effective manner. CHAIRMAN COLETTA: Right. MR. MANALICH: And that it was thought by the proponents that having the local forum would help with that. CHAIRMAN COLETTA: And the local forum was for discussion purposes only, they had no enforcement ability, right? MR. MANALICH: Yeah, I have to emphasize, and I don't think I'm wrong, Jackie, but education, information, referral. No enforcement, no remedies. Page 240 December 17, 2002 CHAIRMAN COLETTA: Then I have heard a number of people cite ways that they were discriminated against. But the way they were discriminated against, in many cases, like vandalism that was done to their personal property, is already addressed by the law. MR. MANALICH: Certainly they were describing acts that would be crimes of property destruction. Or if it was a personal attack, obviously those are also crimes. CHAIRMAN COLETTA: That's exactly right. MR. MANALICH: Now, there's obviously another category of crime out there, which is the so-called hate crimes, which factor in if there are, you know, bigoted, prejudiced criminal acts done, which I believe have the effect of enhancing criminal sanctions. CHAIRMAN COLETTA: And Dwight Holster made the comment that sexual orientation is not supported by state or federal laws. What exactly do you intend to do with it if you bring it to the committee? Where are you going to go with it past that point? MR. MANALICH: My understanding, again, Jackie, correct me if I misspeak, but is that sexual orientation is not a protected class under federal and state laws that currently exist. What this ordinance and what some jurisdictions have done is to include it as the basis for a protected class locally. Now, again, this is not an enforcement ordinance, so there would be no remedy. However, it would be the basis for having this committee receive allegations, complaints of discrimination based on sexual orientation and then engage in the education, information, referral that it's set up to do for cases involving sexual orientation. CHAIRMAN COLETTA: Okay. I have said enough. Is there anyone else that has any comments? COMMISSIONER FIALA: Just to your comment when you were just asking this -- this question. And you said it's not a -- it's not an enforcement or investigative -- I think you said enforcement. But that's when Jackie said yet. And so that's what makes me think it Page 241 December 17, 2002 was only step one. Thank you for letting me add that. MR. MANALICH: I think to clarify that point, what Jackie was pointing out is that this ordinance has the immediate effect of creating this commission, if you were to adopt it. It is contemplated in the language of the ordinance, at page three specifically I would refer to, that if this commission were created, the commission would then be expected to come back to you in the future with the so-called -- sort of a game plan, guidelines, proposed actions that they would be involved in and take for you to consider and approve or reject. CHAIRMAN COLETTA: Commissioner Coyle. COMMISSIONER COYLE: Yeah, I've changed my mind. I will say something about this. One of the problems I have with the ordinance as it is currently written is that it is incomplete and it is confusing. Based on a national survey of similar ordinances in other states, there are a large number of exemptions. For example, social clubs and fraternities are exempted. Religious organizations are exempted. Non-profit organizations are exempted. Family businesses are exempted whenever members of the same family are employed. My problem here is that there is nothing in the ordinance as it currently stands which tells us who is exempted and who is not. And I'm talking about from the enforcement standpoint. I do not know what the standards are for determining whether discrimination has occurred against people in the gay and lesbian community. I don't see those enforcement standards anywhere. Then since we don't have a state and federal law to explain that to us, we're sort -- we would sort of be flying by the seat of our pants on that issue. And I do find it very troubling that despite the fact that there is no intention of enforcement, there is lots of talk about enforcement in this -- in this document. And furthermore, it really confounds me how we can take an organization that's going to meet once a month Page 242 December 17, 2002 and have that organization efficiently handle complaints. COMMISSIONER FIALA: It's once a quarter. COMMISSIONER COYLE: I'm sorry, once a quarter. But I will tell you what I do think is an organization like this can serve a very, very, useful purpose if we get a little more specific about what it's going to do. I made the observation yesterday to some people that I was talking with that I have noticed that it's fairly easy for people to stereotype others if they don't know them. It's when you get to know each other that you begin to appreciate the people who are different from you are really pretty nice people in most cases. And the problem is when we isolate ourselves from that and divide our community into groups, I think we exacerbate that particular problem. I think what we need to do is find a way to get together. And I think this kind of thing would be wonderful if we did it on essentially the same basis we do advisory boards. I mean, that really is the point. We need somebody who can keep their fingers on the pulse of our community and let us know what kind of problems are occurring there so we can make the rules, okay. Right now we don't have the basis for that. And -- and I guess what I'm getting to is maybe the second step in our deliberations. CHAIRMAN COLETTA: You're doing very well. COMMISSIONER COYLE: I'm going to let Commissioner Henning carry that ball because he's already indicated he has some ideas and I'm not going to preempt him on those. But it just seems to me that if we get people from a good cross section of our community together on some organization and they meet and they talk and they discuss it -- this -- the problems and then they come to the commission and say, hey, look, you've got some problems here, you need to do something to deal with them. And then we implement the solutions, try to at least. But to take specific complaints and give someone the idea that Page 243 December 17, 2002 this commission is going to do something about them, I think it's misleading. What I would like to do is get them into the right channels, get them to the Human Affairs commission and let them do their job, the job they're charged with doing. They have the investigators. They understand the laws. They can begin to do some things about it. But rather than belaboring the point, I just wanted to share with you the fact that I'm concerned about this particular document. I am not at all concerned about putting together an organization that represents a cross section of all of our community and trying to work together and resolve problems. CHAIRMAN COLETTA: Very well put, Commissioner Coyle. Commissioner Fiala. COMMISSIONER FIALA: What a safe way, because that's where I was going. COMMISSIONER COYLE: Tom gets first shot at this. COMMISSIONER FIALA: Oh, yeah, he can. I just wanted to comment. You were talking discrimination and creating an organization. I think the way it was was somebody said writing a blank check with no parameters. And I was thinking, with this forum, if we have listed as it is now that we're denying protected classes, we forgot all together the smokers, because they're not allowed in restaurants after February. And that's -- do they have a place to go? I mean, they're going to be discriminated against. And what about the people that are heavy? I mean, and they want to go -- they want to get a job and there's a svelte young chick next to you, you can guarantee I'm not going to get the job when svelte young chick is next to me. Do I have a place to go? Will that forum take care of me? By naming just certain protected classes, I'm not protected. What about the person who has a lot of body odor? And on and on Page 244 December 17, 2002 and on. We don't have to go into that. COMMISSIONER COYLE: It's okay to discriminate against them. CHAIRMAN COLETTA: I don't want to sit next to Donna anymore. COMMISSIONER FIALA: I think that -- I think that we -- if by just naming certain protected classes, we have left out a whole array of others. So if we want this forum to be open to anybody who feels they're discriminated against, we ought to leave it open to them. So that's my comment. CHAIRMAN COLETTA: Very good. Well, we still have a motion on the floor. Is there any other discussion on the motion? Commissioner Halas. COMMISSIONER HALAS: Well, to start off, I am strictly against any type of discrimination on any person in this country. What I have done is I have asked the county staff to relate to me how many cases we are presently -- that we presently have in Collier County. And I guess from my engineering background and I'm looking at we got about two hundred and eighty thousand people I guess in Collier County here. And, of course, you want to have zero percent of any type of problem that may occur. And we look at what Collier County has here in the Second DCA District, we have had about three cases in Collier County that date back to 2001. I'm wondering if we're not carrying this a little too far and that maybe we can find out what avenues are really open and find out exactly what is going on in the community here. The other thing is that the human relations commission states that there's only been about nine cases pending in the state human relations committee, commission. I guess where I'm coming from is when I first started on this Page 245 December 17, 2002 road, it sounded like we had a very, very, serious problem. And I'm wondering if just through education of the people here in Collier County that maybe we can address this point zero zero one percent of the problem. And that's all I've got to say on that. CHAIRMAN COLETTA: And with that, if there's no other comments, I'm going to call the question. MR. MUDD: Commissioner, if I could, just one point. And this is semantics a little bit. You said denial. There's no recommendation on the table from the staff. It was for the board to consider this ordinance. So if we're going to equate denial to disapproval, I would like -- I would like that to be said so that it -- the staff didn't make a recommendation. It was just to consider the ordinance. MR. MANALICH: Mr. Mudd raises a good point for clarification. As I understand the motion is simply to not approve the ordinance that has been submitted as part of this agenda item. CHAIRMAN COLETTA: Is that correct? COMMISSIONER HENNING: Correct. CHAIRMAN COLETTA: Is that correct with the second? COMMISSIONER FIALA: Yes. CHAIRMAN COLETTA: Okay. Any other comments or questions? (No response.) CHAIRMAN COLETTA: Hearing none, all those in favor indicate by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: And the ayes have it. Now, Commissioner Henning. Page 246 December 17, 2002 COMMISSIONER HENNING: Thank you. Commissioner Fiala, I think what you're trying to say is we need to understand a lot of people in the community, because we are a diverse community. If we really want to do that, it's the character of the community counsel that we should support and fund. And it's an educational tool that the school uses now, not to discriminate and recognize other people's rights and their beliefs and so on and so forth. It's a great program, but that wasn't where I was going. I think this issue came out of the NAACP because there are some issues in the county that can be addressed a little bit better. But, again, the character of the community counsel will address that, too. But my idea is to condense the Black Advisory Board and the Hispanic Advisory Board. And actually what we should do is also in that condensing would be the Affordable Housing Commission and bring on some business people on how to employ and house the minorities here in Collier County. And also we need to, and I think it's good for the character of the community, to educate the community on not to discriminate against race, creed or color. So my proposal is creation of a community relations information and referral service with the guidance from the minorities in Collier County. A new advisory board. This would be -- probably create a -- a half a person or one person to assist the minorities in creating literature and creating a venue for-- I mean, we have representation from the State of Florida and the federal government right in this building. We have state representatives that can be an office for any discrimination action that is set forth under the state statutes. We also have a congressman's office here that can be a vehicle for complaints or any -- under any federal law. But I think that we can educate the community much better, you know, in developing a database to existing laws and agencies to Page 247 December 17, 2002 provide residents protections, acts against discrimination, provide a comprehensive brochure of existing state and federal laws. American Disabilities Acts is one. The Civil Rights Act. And it just goes on and on. Create a user friendly Web site that was recommended as a link to offer extensive and comprehensive information and referrals. This site should include the expansion of existing laws and agencies. But we need to provide every venue that we can for complaints on discriminations here in Collier County. We need the education process of like I said of the public and our guests that will not tolerate discriminations of minorities based on what I have stated. I mean, I could go on and on, but I think it's a basis for the minorities in Collier County to come back to the commission and find out what needs the -- what do we need to do to create and to educate the community. CHAIRMAN COLETTA: Commissioner Fiala. COMMISSIONER FIALA: Yes, I think that's a great idea. I definitely want to create this vehicle, this forum. Even the people that were suggested in our package. Like you say, they're business people and then there are representatives from each one of the minority -- by the way, did you know you guys are the minority? You figure half of the world is female and we're supposed to be minorities and part of the other half remaining are Black and some are Hispanic and some are Oriental. It only leaves the white male as the minority. So you can be represented on there, too. Anyway, let me go on with this. I wanted to say I loved your idea about information or education. And I also was thinking that, yes, we should have some kind of pamphlets. I didn't even know until Marlo Valey (phonetic) got up that there was anything like that in Collier County. And we need to have something like this published that there's a place to call. And then this forum should be published in this thing, Page 248 December 17, 2002 along with something on our public service or rather our government channel that regularly lets people know where they can go if they feel they have been discriminated against as well as public service announcements. They can make these brochures up and they can place them in the libraries and in Publix. I think it's important to put that out. And there was something else that I wanted to tell you while I was at this thing with the educational tool. Oh, Donna, I have forgotten already. CHAIRMAN COLETTA: We can come back to you. COMMISSIONER FIALA: Oh, no, LaVerne Franklin said -- got it. LaVerne Franklin said something about we also need a place to keep records and document incidents. So I think that ought to be included in -- in this forum composition. Thank you. CHAIRMAN COLETTA: I only got one, Commissioner -- one question, Commissioner Henning. I think we got some pretty good ideas and I'm sure Commissioner Coyle will help to round it off. But let's not ignore what we're going to do about sexual orientation. We have been sometimes sending staff out with incomplete directions. And we get back what we send out. In other words, what we sow we reap at the end. So if you want to address this in a form of a motion. COMMISSIONER HENNING: Well, it would be for the existing state and federal laws to educate the community and to assist. My motion is to condense the Hispanic Advisory Board, the Black Advisory Board, the Housing -- Affordable Housing Advisory Commission, creating a new awareness program, community relations information and referral service. And, again, we need to bring in the business community for the high wage jobs for the minorities here in Collier County. And this -- and, Commissioners, we do need to fund this with staffing. We do need to fund it with money for such educational Page 249 December 17, 2002 tools to take it out to businesses and the general public here in Collier County. CHAIRMAN COLETTA: Commissioner Coyle, I'm still waiting for a second from Commissioner Henning's motion. COMMISSIONER COYLE: Well, I will second it for discussion purposes, although I do have some questions and perhaps some concerns. One of my concerns would be the composition of this new advisory board. Although I sense a great deal of reluctance on the part of the commission to guarantee rights and provide some enforcement process for the gay and lesbian community, I would hope we would not exclude their membership on this commission, on this advisory board. I would hope that there would be at least some representation from all segments of our community, because it's only that way that we're really going to get an idea of what kinds of problems we have and how we can go about solving them. The only other concern I would have would be that the work force housing committee combined with this one might get large and unwieldy. It -- I might ask you to consider the possibility of having a representative from that committee on this particular committee, but that's a judgment that has to be made I think by all of the commission members. I just think if you get a committee that's too large, it becomes unwieldy and you don't get many good decisions out of them. But other than that I think you're definitely on the right track. I think it's something that will not duplicate what's already here but will actually supplement the current federal and state capabilities and it will not create another level of bureaucracy. It actually will make things more efficient. So I think that your suggestion is a good one. And my second stands. CHAIRMAN COLETTA: But I didn't hear it amended in any way from the first. Page 250 December 17, 2002 COMMISSIONER HENNING: Oh, to just have representation from the Affordable Housing Advisory Board? CHAIRMAN COLETTA: Yes. COMMISSIONER HENNING: And just deal with the issue of education to the community and discrimination? COMMISSIONER COYLE: Yes. COMMISSIONER HENNING: And I'm okay with that. CHAIRMAN COLETTA: Do you want to go next? COMMISSIONER FIALA: Yeah, just for the sake of discussion, I kind of hate to see the Hispanic Advisory Board dismantled because they seem to address a separate wave of issues and the same with the Black Affairs Advisory Board, they seem to have their-- I would like to see representation from them. And I agree with you with the gay and lesbian organization, I believe every organization should be represented. But I think this would be -- should be totally focused on discrimination and not get into the other things that the Hispanic Advisory and the Black Affairs get into. I would like to see a separate commission, a separate forum created all together. I know much to -- with more staff and everything, but I would like to see that. CHAIRMAN COLETTA: Yeah, I'm going to take a turn now. I agree. You're on the right track, Commissioner Henning, but I think we're not headed in the right direction if we're talking about disbanding the two existing boards. I tell you what, I'd like to go to Ramiro for just a moment. He's been very active in the Hispanic Board. And wasn't an attempt made sometime ago for combining the two boards at one point? I can recall something vaguely in the distant past. MR. MANALICH: Historically I have been the liaison since its inception in '91. And at one time there was discussion about that. Now, at that time, and I believe my sense of the pulse of the Hispanic Page 251 December 17, 2002 Board at least is that they have and continue to oppose being disbanded, even in light of the creation of another entity like this. But, again, I have not -- I don't think they have voted on that recently either. They had opposed that officially previously. I have heard discussion to that effect, but they have not been asked to take that official position on that by vote recently. My sense is they would oppose it. CHAIRMAN COLETTA: That's the reason why I would -- I would have objections to this. Also, we're only identifying two different groups, Blacks and Hispanics. And I'm sure there's a lot in between there, too. I would say probably the layout as they presently got it probably isn't too far off. But the idea of having someone, a representative from these boards, and that as one of the members, I think is an excellent idea. Commissioner Henning and then we will go to Commissioner Halas and then Commissioner Coyle when he gets back. COMMISSIONER HENNING: Well, I appreciate the discussion, but my thought is to bring people together and not divide. There are the NAACPs, they have an organization and then the Hispanic community has the Republican Hispanic Executive Committee, Hispanic Business Organization, and it just goes on and on. I want to bring people together and they can and do separate themselves for their own beliefs through their own organization. COMMISSIONER FIALA: Wouldn't that do that -- I'm sorry, I have to go out of turn here. Wouldn't that do it with representatives from each one or do you feel by abandoning -- or by -- by grouping, now they would only have a couple of representatives rather than their own committee. Wouldn't you be actually dismantling what they already use for their own communities? COMMISSIONER HENNING: Well, again, they have not through government but they have through their own organization, Page 252 December 17, 2002 recognizing like the NAACP. That's what I'm saying. And I don't want to create another advisory board. How many advisory boards do they have, Sue? MS. FILSON: I have over fifty. And can I ask one question to get a clarification? When you said condense the Hispanic Affairs, the Black Affairs and the Affordable Housing, and then when Commissioner Coyle spoke, he talked about work force housing. Now, those are two separate boards. COMMISSIONER COYLE: I meant to say whatever he was saying. MS. FILSON: Okay. COMMISSIONER HENNING: And it seems like there is reluctancy to dismantle the Affordable Housing. So I guess we're just back to those two. COMMISSIONER FIALA: But you would want a representative on there from that -- one of the committees. Is that what you were saying or no? I don't -- I don't care. I don't have an opinion. Just asking. COMMISSIONER COYLE: Is it my mm? CHAIRMAN COLETTA: No, it's Commissioner Halas'. He's been waiting very patiently. COMMISSIONER HALAS: Miss Robinson, I would like to direct this question to you. Since you have worked so diligently on this amendment or this ordinance, what is your feeling as far as the amount of discrimination that is in Collier County? Can you -- can you kind of bring me up, enlighten me? How many cases that you personally know of in Collier County as far as discrimination? Of any kind of discrimination, excuse me. MS. ROBINSON: That was definitely not one of my tasks. I was asked to write an ordinance and I was not asked to investigate claims of discrimination as they exist in Collier County. COMMISSIONER HALAS: Okay. Because I would think that Page 253 December 17, 2002 when you come forth with an ordinance, that it was based on the background and a lot of research that you did in this line. And also have you had any contact with this Mario Valey in regards to any particular items that may have come up to whereby you could direct that to him or that you found that the ball was dropped, that it didn't get up to where it should be directed to at a state level? MR. MANALICH: Commissioner, if I might, before she starts on that question, if I can just comment on the previous one, which is in regard to the amount of discrimination, I mean, we have, in conjunction with the County Manager's Office, per prior board direction went into the community to get feedback about the situation. What we were presented with is that the proponents of the ordinance felt that the number of incidents of discrimination far exceed the recorded case filings that have occurred. In part because the system is not easily accessible, ineffective, the long distance. So that's what was represented to us. The research that my office did in addition to that was to check on the actual filings with different agencies. And those as you indicated, Commissioner, were not many compared to the population. However, it was very strongly conveyed to us us by the community that gave feedback on this that there are tensions, there are problems, there are issues that are as one person put it still boiling out there. COMMISSIONER HALAS: Has anybody had any contact with this Mario Valey in regards to directing any particular issues as far as it pertains to discrimination of any kind or any form? Has -- is there an easy path to direct this to the state level because the state has the laws, the federal government has the laws. And what I'm trying to get at here is maybe we only need one person or two people so that people, if they do have problems, have an avenue whereby they can direct this to. MR. MANALICH: I think that part of what was contemplated in the -- as we said, the ordinance emphasizes education, information Page 254 December 17, 2002 and referral. Part of what was contemplated was some mechanism, whether it's through that document which you have now not found appropriate or through whatever else we set up to educate and better facilitate referrals to be acted upon by the existing agencies. COMMISSIONER HALAS: What I don't feel comfortable with is investigative and all of these other insinuations. And it sounds as though when this ordinance was constructed that there was more involved in the underlying -- in the community in regards to the tensions or whatever was taking place. And, therefore, I guess I'm trying to get to the source here that we only have like six discrimination cases that have been filed in the last -- since 2001 or 2000, whatever. I got so much paperwork here, I'm trying to keep track of everything. And I'm trying to justify why we need as a county to get involved to a point where it's going to be another layer of government. If we have a very serious problem, then we need to address this. But if the problem is not of this serious nature, then we need to address this to the state level and we need to come up with the avenue that is readily and easily accessible for the people here in Collier County. MR. MANALICH: And the only way I can answer that is that the prior board, the prior county manager as well as city officials at the time of the Harris incident felt that there were discrimination issues alleged, perceived or actual that were very significant, as well as general human relations minority group governmental relation issues there that were a great source of tension in the community and that there was a need to go forth to get the community input and come back with some proposal to deal with these issues in a constructive, preventive type manner. I don't know, Mr. Ochs, if you want to add anything to what I have described. Is that more or less accurate? MR. OCHS: Yeah, I would say that's generally accurate. Really I think this topic, discussions on two -- two tracks, somewhat Page 255 December 17, 2002 parallel. One was proactive, preventive in nature, providing a forum for community awareness, outreach, education and referral. The other track that has seemed to develop of a parallel nature is kind of the reactive, individual discrimination complaints and how those get disposed of and referred out. And I think all along throughout the day Miss Robinson has tried to indicate that the intent of the ordinance, which you now have set -- decided not to move forward on, was really more geared towards public education, community awareness, creating a forum, that it didn't create a forum for individuals to file lawsuits or file discrimination claims to be adjudicated or investigated by that human relations commission. So what I'm hearing the commission say is they want to continue on that proactive approach, create a forum to bring people together and for individual discrimination complaints, simply act as a referral agency at best to the federal and state agencies that are already established to handle those kinds of individual discrimination complaints. Is that accurate? COMMISSIONER HALAS: That's correct, because as Commissioner Coyle stated earlier, when we get into basically classes of people, we're not addressing everybody as such. And I'm concerned that we're breaking this down too fine. MR. MANALICH: One other comment that I would offer and that is that the reason that those particular categories were included in the ordinance, and obviously reasonable minds can differ on some things, but the reason that those categories appear is that is based on our research and the input received from the responding community. Those are the categories that historically have endured the discrimination and the problems and that's why those particular categories were particularly identified. COMMISSIONER HALAS: I would just as soon see an ordinance written that took out the sexual orientation and say zero tolerance to any type of discrimination. Page 256 December 17, 2002 CHAIRMAN COLETTA: Okay. We're going to go to Commissioner Coyle. COMMISSIONER COYLE: Thank you. I think what Commissioner Henning is proposing is a good solution. It is not creating an additional layer of government. It's not creating I don't think an additional obligation for staff, because he's really taking two organizations, slightly expanding them and creating one. So I think that -- that will -- that makes a lot of sense. And if the board wishes to go that way, I would also add that -- that I think if you create this commission, it would be foolish to -- COMMISSIONER HENNING: Advisory board. COMMISSIONER COYLE: -- the advisory board, it would be foolish to maintain the other two advisory boards conflict, because you're just asking for conflict. And I can speak from experience. When I was trying to help the Hispanic community with vocational training and language training, the Board of the Hispanic Affairs -- the advisory board said, hey, you know, you're not supposed to be doing that, that's our job. And so I think if you want to keep those other boards, you're just asking for conflict. And what I think you need to do is get proper representation on this new human affairs board and -- and -- or advisory board and make sure we, excuse me, have a proper representation from throughout the community. If we get the good cross section of people, we're going to find out what the problems are. And I will be the first to admit and venture the opinion that I don't think anybody sitting up here has the slightest idea what those problems are. And I don't think we're going to find out until we get people out there who are working together in an advisory board to come together and say, hey, Board of County Commissioners, here are some difficulties. And that's the way things get solved. Because what happens is that the people through the advisory board come to with us problems, Page 257 December 17, 2002 we recognize the problems, we try to solve them ourselves. If we can't solve them ourselves, we walk across the hall and talk with our state representative or senator. And that's the way you get these kinds of things done. COMMISSIONER HALAS: Don't we have that now? COMMISSIONER COYLE: What you don't have is the input. You don't have this kind of broad cross section representation on an advisory board who is charged with more than just education, okay. Charged with collecting information and advising us on what we need to do to -- to eliminate discrimination in Collier County. And that's the part that's missing right now. The only way people can come and advise us is to make an appointment, come in our office and sit down and talk with us or come here in public input and make some comments. I'd like to see the data. I'd like to see somebody who can pull that stuff together and reach some conclusions and come to -- come to us with some recommendations and then essentially require that we make some progress in resolving it. CHAIRMAN COLETTA: If I may I'm going to take my turn. I really -- we do need an advisory board and for all of the same reasons that you mentioned. But I can't vote for the motion because the idea of combining the Black Advisory Board and the Hispanic Advisory Board just doesn't make sense. These advisory boards have directed their attention to the needs of their own ethnic community. To take away this interaction between the respective communities and the county -- county government, which these organizations have done, they have handled a lot more than just race relations. They have handled all sorts of issues that are very important to their own community. And that's the reason why I think that possibly you might want to form this and have members come in. And if we find that this meets the need, abolish these boards at some future day, if we can Page 258 December 17, 2002 find out that this particular advisory board we're talking about now will meet all of the needs that we need to do. Let's get them up and running and see what happens and then take the other ones apart. But I can assure there's going to be people in the Hispanic community and the Black community that are going to raise some serious objections to this. Commissioner Fiala. COMMISSIONER FIALA: Yeah, I'm just totally against another layer of government. We have too many layers as it is, by the way. And I really don't see the need for an ordinance. But I wonder how does the NAACP feel about eliminating the Black Affairs Advisory Board. I don't have anybody here from the Hispanic, other than Ramiro, and he said, you know, he really wouldn't want to speak for them. MR. MANALICH: I mean, the only thing I can say -- COMMISSIONER FIALA: I don't mind dismantling them -- CHAIRMAN COLETTA: You're not going to get to. COMMISSIONER FIALA: -- if a couple less committees -- go ahead. MR. MANALICH: Yeah, I mean, the only thing I can say is that historically and to the best extent that I can gauge the pulse of them, I believe they are opposed. But, again, I don't believe this question has been put to them formally with the specifics of Mr. Henning's motion for them to consider. But the best that I can gauge their attitude is they would be opposed. COMMISSIONER FIALA: Well, Mr. Henning, I mean Commissioner Henning put up -- made a very good point in that we already have an NAACP, we already have Hispanic groups like the LABPA that work within the Hispanic community and maybe there's no need for it. I just wanted to get some input from those that are affected because this -- this -- this committee that we're going to be creating is going to be totally dedicated just to discrimination. It's Page 259 December 17, 2002 not going to be handling other -- other areas of concern within those communities. And I wanted to make sure if I vote for this that -- that they still have other -- other ways to get -- to have other concerns of theirs met. CHAIRMAN COLETTA: Commissioner Henning. COMMISSIONER HENNING: I'm going to pull my motion. CHAIRMAN COLETTA: Okay. COMMISSIONER HENNING: And the reason for -- it probably was out of line. We need to go to the minority advisory boards and state the intent of the Board of Commissioners and get their feelings. CHAIRMAN COLETTA: Good idea. COMMISSIONER FIALA: I think that's a great idea. COMMISSIONER HENNING: And then hopefully we can come back and do some education. CHAIRMAN COLETTA: What do you think? COMMISSIONER COYLE: I'm not going to have three boards. I'm not going to vote for three boards dealing with minority affairs. COMMISSIONER HENNING: I agree. COMMISSIONER COYLE: It's just going to create conflict. It's going to make people angry. We're going to have arguments. And if people are serious about getting together and working together, then I don't see any reason why whites, Hispanics and African Americans can't get together in a single board and work out problems. That is the way we solve these problems. That's the way we develop mutual respect for each other. And if we are going to continue to segment our communities in little blocks and say each one of them has to have their separate channel of communication, then we've got a long way to go. We've got about thirty or forty more advisory boards we've got to create. COMMISSIONER FIALA: Smokers advisory. COMMISSIONER COYLE: Yeah, each one of those -- each Page 260 December 17, 2002 one of those takes -- takes time and effort from the staff. And I will ask you one final question and that is when is the last time that any of those advisory boards came in here and said we've got a problem with discrimination and here's our recommended solution? Have you heard that from those people? COMMISSIONER FIALA: No, as a matter of fact. COMMISSIONER COYLE: But that's what we would get from this organization if we had formed it. This advisory board would be telling us things like that. And I can't think of anybody who can represent the Black community better than NAACP. And I do know there are a number of really good Hispanic organizations in the county. And they put on events for the Hispanic population. They do a really good job. So I don't think we're disenfranchising anybody. I think -- I think what we're doing is bringing people together to reach common solutions to a difficult problem in Collier County. But Commissioner Henning has withdrawn his motion so I don't know why I'm belaboring this. COMMISSIONER FIALA: Well, I like -- if I understood Commissioner Henning right, and correct me, he first would just go ask them if they -- if they would agree to dismantling those government committees and form this one instead. That way we would have one instead of two. I think that's a better idea. Less government. We're all concerned with that. Is that what you under -- you had said, Commissioner Henning? COMMISSIONER HENNING: Is the staff liaison for the committees is to go to them and tell them the intent of the Board and we would like their input. CHAIRMAN COLETTA: There you go. COMMISSIONER FIALA: Okay. CHAIRMAN COLETTA: That's very polite. Okay. Let's go to Commissioner Halas. He's sitting very Page 261 December 17, 2002 quietly over there. COMMISSIONER HALAS: I'm kind of lost here. We're talking about advisory boards. We're talking about -- but I think what the real issue here is discrimination. And when you're talking in an advisory board, isn't this where we're dealing with just -- just problems with that little community? And the whole -- the whole thing is, the big picture here where everybody is in this community together and we're -- we're looking at this ordinance saying that there's a problem with discrimination and we have to look at this as not just the Black community, the Latinos. This is -- involves everyone. And what we're trying to do is come up with an ordinance that covers all aspects, whether it's sexual orientation or whether we're just going to say zero tolerance on any type of discrimination I think is where we want to go with this thing. CHAIRMAN COLETTA: I heard you and I'm going to make a suggestion. MR. MUDD: Mr. Chairman, if I can help just a little bit while you're in the middle of discussion. I've heard-- I've heard a couple of things, one of which, the ordinance today was disapproved. We can -- we can draft a resolution, okay, to let -- to make sure that the public understands that this -- this Board doesn't -- doesn't accept, tolerate discrimination in any -- in any sense whatever. We can draft that as staff and get that to the next board meeting or whatever. We can also start drafting a-- a community relations advisory board and scope of work that can take discrimination cases that come before that advisory board and get them the proper agency to refer it to with the information that's provided. And then we can get staff to go out to the two boards, the Hispanic Advisory Board and the Black Advisory Board and talk to them about the scope of the Human Relations Advisory Board that we have drafted up and get their ideas as far as what they need to put Page 262 December 17, 2002 into that and then also ask them if they would be willing to dissolve their organization to be represented on that particular board. We can do all of those things over the next month or so and get that information back to you with some drafts on resolutions and also a straw man to the Community Relations Advisory Board. CHAIRMAN COLETTA: And, Mr. Mudd, you just took the words right out of my mouth. That's exactly what I was going to say. And I would like to make that in the form of a motion. COMMISSIONER FIALA: I will second that. MR. MANALICH: Just for clarification, Mr. Chairman, Mr. Henning, I believe you had -- do I understand correctly you had withdrawn your previous motion? COMMISSIONER HENNING: Yeah. MR. MANALICH: All right. CHAIRMAN COLETTA: Okay. So we have a motion from myself, Commissioner Coletta, and a second from Commissioner Fiala. We will go to Commissioner Coyle first. COMMISSIONER COYLE: I am concerned about creating this particular board. I'm concerned with dealing with the issues that we have had before us all day. Now, what position are we going to be in if we postpone this decision and let two advisory boards tell us what we are to do? Well, yes, that's exactly what's going to happen, because if-- if the two advisory boards say, no, we don't want to do that, you have got one vote right here that's going to go away. I don't know how many others are going to go away, but I'm not going to have three boards essentially doing the same kind of thing and creating arguments and conflicts. And I'm very, very concerned that that's going to happen. And I think this Board is far more important. I think its responsibilities are broader and it can do anything that those other two boards can do, and it can do them well. And -- and that's why I think we should -- we should have the Page 263 December 17, 2002 courage to stand up and make a decision about creating this board and getting a good cross section of representation on it and getting them to help us define the -- the extent of discrimination in Collier County and to help us find solutions for it. CHAIRMAN COLETTA: I think we're in agreement on everything except the dissolving right now. Usually when you get something like this, a new concept, you put it back out there in the public domain and it comes back to you for public input. You just don't pass an ordinance without public input. And that's what we're trying to do here now. That's why we should be directing staff to be bringing it back to us in a form, an advertised meeting where we can have the public here to give us the input. And these advisory boards, you owe it to them. They have donated their time. They have put their effort into it for years. If they're going to be disbanded, at least we got to hear back from them and see what they say. If they're opposed to it, they're opposed to it. Might still go ahead with the whole thing, but it's just a courtesy. Myself, that's what I feel. Commissioner Henning. COMMISSIONER HENNING: Well, if we dissolve the advisory board, we have to take action on it. We can't take action on that tonight. It has to come back. But, Commissioner Coyle, we don't know what we have been told today. We don't know how wide the discrimination is in Collier County. And I think through education of where you can go to lodge a complaint is just an allegation. And even at that it's just an allegation, but at least we know by letting the community know where they can go to for that complaint is how much of a problem we have in Collier County. But I think that we need to give Mr. Mudd some distinct conversations for the advisory boards where the commission is Page 264 December 17, 2002 going. Or do you have that? CHAIRMAN COLETTA: We just -- we just framed the language. I can't repeat it word for word, but possibly you might be able read it back to us? No, you can't. COMMISSIONER HENNING: Mr. Coletta, there is a question to the county manager. MR. MUDD: Commissioner, I know for -- because this information was relayed to me that when -- when the idea of a community relations commission was addressed, that the Black Advisory Board said that they would be willing to dissolve in order for that to transpire. However, the Hispanic Advisory Board was not willing to do that. And when that happened, the Black Advisory Board backed off. So those discussions did transpire. And that's -- and that was when it was going to be a -- a community relations commission in that process and the discussions that they had in crafting that ordinance. That's the part that I know. We can go back to those boards. Those boards are established by ordinance. Ramiro, help me if I'm wrong. MR. MANALICH: Correct. MR. MUDD: Okay. And in order to -- in order to disband those particular advisory boards, you have to repeal those ordinances. They have to be heard and they have to come back to the Board. And so we can ask those boards. At the same time we can start crafting -- crafting an ordinance. COMMISSIONER FIALA: Resolution? MR. MUDD: Well, the resolution first to talk about anti-discrimination, okay, that it's not an accepted practice. That part I think-- I think I have heard enough today by the Board members that that should be forthcoming. It's -- it's the Community Relations Advisory Board that's of the issue now. And once we have the input from those two boards, we Page 265 December 17, 2002 can come back to the Board and let them know what it is before we do any more work as far as staff time is concerned for a community relations advisory board. I can also take a staff person and start working up the information as far as what the state laws are, what hotlines are that people can contact in the interim and we can work that up, too. COMMISSIONER HENNING: And I think it's a consensus on the Board, Mr. Mudd, that we want to staff this for reaching out to the community for the education purposes. And, you know, that's going to take some money to do that. But if the advisory boards are not willing to collapse into this new advisory committee, then I think that it would be fair to know what their work product, what they want to gain, what's their goals over the next year. What do they want to accomplish over the next year. But the correspondence that I have seen from the advisory boards, a lot of it was based around this discrimination. COMMISSIONER FIALA: Absolutely. CHAIRMAN COLETTA: I like that. Force them into action. COMMISSIONER FIALA: Perfect. CHAIRMAN COLETTA: Commissioner Halas, I apologize. Being at the end, you always get ignored. I tell you what, when there's a changing of the guard at the next meeting, I'm going to take your seat and you get to move up front. COMMISSIONER HALAS: Well, that's okay. I'm just the new kid on the block here. CHAIRMAN COLETTA: That's okay. Go ahead, Commissioner Halas. And I apologize for your wait. COMMISSIONER HALAS: I almost forgot what I was going to say. I would like to see where we designate or delegate somebody to be part of the human rights commission that basically anything that comes in as far as a discrimination suit or a possible Page 266 December 17, 2002 discrimination case, that this is then directed to the Florida Commission of Human Rights. Basically, what we would do is, if there is a real problem, then all we need to do is just have one person, maybe an extra staff member, if that, but just one person that people can go to with the problem and direct this up to where it belongs. And I think it's the state or federal government. CHAIRMAN COLETTA: Well, that's an excellent idea, too. We do have a motion on the floor and a second for what we already stated, to instruct Mr. Mudd to go forward with what to bring back to us. It's another alternative. Not too sure how we can ever work that in. They're two opposing things at this point in time as far as a single member and an advisory committee. All worthy of consideration. However, we do have a motion on the floor. I think possibly we're ready to call for that motion to see if we have a consensus. MR. MANALICH: Mr. Chairman, just because there has been a lot of discussion since the motion, as I understand the motion, it's basically to go forth in the manner suggested by the county manager, which is to address all of these things, the draft resolution against discrimination, the -- considering the drafting of a community relations or human relations advisory board, seeking input from the two existing boards, the Hispanic Board and the Black Affairs Board about their possible dissolution based on the creation of this other advisory board, creating also a mechanism for the county manager for referrals to existing agencies. I think I have captured -- CHAIRMAN COLETTA: Not quite, you're missing one thing. MR. MANALICH: All right. CHAIRMAN COLETTA: Commissioner Henning came up with an excellent idea that we have these advisory boards, if they want to continue, to report back to us exactly what their plans are for the coming year. And I thought that was an excellent idea. And I Page 267 December 17, 2002 don't know if I worded it quite correctly, but was that what you said? COMMISSIONER HENNING: Close enough. COMMISSIONER HALAS: This isn't going to lead us to another session like this? COMMISSIONER FIALA: No. CHAIRMAN COLETTA: Yes. COMMISSIONER HALAS: Well, let's cut to the chase. We got to figure out something simpler than this. COMMISSIONER FIALA: No, we have to make sure we take everybody's rights into consideration. COMMISSIONER HALAS: I think we're going to take everybody's rights into consideration. COMMISSIONER FIALA: We have a motion on the floor and a second. CHAIRMAN COLETTA: Okay. Is there any other comments? Let's give this a try. All those in favor, indicate by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Okay. Commissioner Halas was opposed. Okay. Fine. Then I believe that takes care of the business before us here tonight. It was absolutely fun. Item # 15 STAFF AND COMMISSION GF, NERAIJ COMMI JNICATIONS Page 268 December 17, 2002 Let's go to Mr. Mudd first for a closing comment and then we're going to go down the line and everybody -- MR. MUDD: That brings us to staff-- staff and commission or general communications, item number 15. Commissioner, I received a letter from the Department of Environmental Protection, in particular the Rookery Bay National Estuary and Research Reserve folks, that they would like to have a workshop with the Board of County Commissioners and the City of Naples and the City of Marco Island and the City of Everglades councilmen and counsel woman on the 8th of May for half a day to discuss the state of the coast. I have tentatively blocked your calendars for that morning and I want to make sure that that -- because it would be an off site -- it's kind of a joint off site with all of those organizations. So the Florida Department of Environmental Protection can basically relay to the commission and the councils the state of the coast and answer any questions that you have about the health of the ecosystem that's out there. And, again, they would like to do this on the 8th of May. COMMISSIONER FIALA: Oh, I can make it, I think. MR. MUDD: So it would be a morning workshop. And they -- and they also afford you the opportunity, if would you like to get down -- downright personal with the water and things, to take you out in an excursion in the afternoon so they can give you first hand experience in those particular issues. CHAIRMAN COLETTA: Commissioner Henning wants to know if he can bring his boat. COMMISSIONER HALAS: What -- what -- where are we going to be going with this, out to where? Excuse me. MR. MUDD: Rookery Bay, the preserve. They have a brand new compound that they're building, plus they have a brand new kind of convention center. That will all be finished during that time and Page 269 December 17, 2002 be able to house and give you the multi-media experience that they would like to -- like to give you. And they will probably -- they would like to do this -- they'd like to do this once a year. I asked them if once a year might be a little bit too much. Maybe an update on the odd years and go every two years, because then you can start seeing changes because of ordinances, laws, land development code, drainage type issues that happen that you happen to be aware of and help fix during that time and they can give you some results to that. COMMISSIONER FIALA: The place looks wonderful as it's going. And I might tell you that that's deep in the heart of District One. MR. MUDD: Yes, ma'am. COMMISSIONER FIALA: Just thought I'd mention that. MR. MUDD: I would like to have some guidance -- I would like to have some guidance from the Board to basically confirm the 8th of May with the Board for a morning workshop with the Florida Department of Environmental Protection at Rookery Bay to discuss the state of the coast. CHAIRMAN COLETTA: Check our schedules. COMMISSIONER HALAS: MR. MUDD: It's all locked. COMMISSIONER FIALA: Sign me up. I would like to move that we take up the offer of the FDEP and meet at Rookery Bay on the 8th. COMMISSIONER HALAS: I second that. CHAIRMAN COLETTA: Okay. So we have a motion Commissioner Fiala, a second by Commissioner Halas. Any discussion? (No response.) aye. by CHAIRMAN COLETTA: All those in favor indicate by saying COMMISSIONER HALAS: Aye. Page 270 December 17, 2002 COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Five to zero. MR. MUDD: That's all I have, Commissioners. CHAIRMAN COLETTA: Okay. We're going to go down the line here. Commissioner Henning. COMMISSIONER HENNING: I just want to thank the Commissioners for this evening meeting tonight for the residents on the item that we just discussed. The only thing that I would like to do is kind of separate them out from the daytime activities. But I also want to wish my fellow colleagues, who I am very proud of, and staff and the general public a Merry Christmas and a happy new year. COMMISSIONER COYLE: Good. CHAIRMAN COLETTA: Top that, Commissioner Coyle. COMMISSIONER COYLE: We're adjourned. CHAIRMAN COLETTA: No, we're not. I got about fourteen pages I have to go through here. I'm going to sum it up by just saying merry Christmas and happy new year's to everyone. COMMISSIONER FIALA: And the same with me. Merry Christmas to all, happy holidays and happy new year, happy Hanukkah and to all a good night. CHAIRMAN COLETTA: Commissioner Halas. COMMISSIONER HALAS: I just want to thank -- and most of the people cleared out, but I just want to thank everybody here. Hopefully or maybe they're watching this on television, that I want to thank everybody for coming today and in staying here and listening to all of the comments that were put forth. And I want to wish everybody a very, very merry Christmas and a happy new year and Page 271 December 17, 2002 happy holidays to everyone. CHAIRMAN COLETTA: Okay. This is going to be fun. me try it one more time here. There we go. COMMISSIONER FIALA: Oh, this is the last time, right. CHAIRMAN COLETTA: Yeah. Let *****Commissioner Coyle moved, seconded by Commissioner Henning and carried unanimously, that the following items under the Consent and Summary Agendas be approved and/or adopted, with the exception of Item #16Al0, which was 4/0 (Commissioner Henning abstained)***** Item #16Al COMMERCIAL EXCAVATION PERMIT NO. 59.838/AR-3388 "RON BEAVER COMMERCIAL EXCAVATION", LOCATED IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 28, EAST; BOUNDED ON THE NORTH BY 31 ST AVENUE NE RIGHT-OF- WAY, ON THE WEST BY DESOTO BOULEVARD RIGHT-OF- WAY, ON THE EAST BY VACANT AGRICULTURE ZONING, AND ON THE SOl JTH BY VACANT FiSTATFJS ZONING Item #16A2 SATISFACTION OF LIEN FOR CODE ENFORCEMENT CASE NO. 2000100019 STYLED BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA VS. PHILIP CARLTON, JR., REGARDING VIOLATION OF ORDINANCES NO. 99-51 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE Item #16A3 Page 272 December 17, 2002 RESOLUTIONS 2002-490 THROUGH 2002-498 PROVIDING FOR THE ASSESSMENT OF LIENS FOR THE COST OF THE ABATEMENT OF Pl ~BI.IC NI IISANCES Item #16A4 RESOLUTION 2002-499 REGARDING PETITION AVESMT2002- AR2788 TO VACATE, RENOUNCE AND DISCLAIM A PORTION OF THE EASEMENT RECORDED BY SEPARATE INSTRUMENT IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED ON JOHN MICHAEL ROAD, SOUTH OF IMMOKALEE ROAD- NORTH AND WEST OF SATIIRNIA I.AKES (AKA RIGAS) Item #16A5 RECORDING THE FINAL PLAT OF "TRACT M OF WINDSTAR REPI,AT" Item gl 6A6 RESOLUTION 2002-500 GRANTING FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "PELICAN MARSH IINIT El.EVEN" Item #16A7 RECORDING THE FINAL PLAT OF "MONTREUX UNIT TWO AT FIDDIJER'S CREEK" Item #16A8 Page 273 December 17, 2002 SATISFACTION OF LIEN FOR CODE ENFORCEMENT BOARD CASE NO. 2001-078 STYLED BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA VS. RICKY L. BELL REGARDING VIOLATION OF SECTION(S) 2.7.6 PAR. (1 & 5) OF ORDINANCE NO. 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE AND SECTION(S) 104.1.1,105.5, 106.3.1 OF ORDINANCE NO. 98-76, THE COLLIER COUNTY BI JII~DING CONSTRI JCTION ADMINISTRATIVE CODE Item #16A9 SATISFACTION OF LIEN FOR CODE ENFORCEMENT BOARD CASE NO. 2001-062 STYLED BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA VS. B.F. FT. MYERS INC., REGARDING VIOLATION OF SECTIONS 2.4.3.6,2.4.3.7 AND 3.9.3 OF ORDINANCE NO. 91-102, AS AMENDED OF THE COLLIER COUNTY LAND DEVEI,OPMENT CODE Item # 16A 10 APPROVE $21,200 IN CAPITAL AND $7,200 IN OPERATING COSTS TO FUND THE BROADCAST OF CHANNEL 16, THE COLLIER COUNTY GOVERNMENT ACCESS CHANNELS, TO THE AOI~/TIME WARNER CAlqIJE SYSTEM IN IMMOKAI.EE Item #16Al 1 RESOLUTION 2002-501 DESIGNATING THE NEW TOURISM MARKETING OFFICE OF COLLIER COUNTY GOVERNMENT AS THE GREATER NAPLES, MARCO ISLAND, AND THE F~VF,RGIJADES CONVENTION AND VISITORS FIIIREAII Page 274 December 17, 2002 Item #16A12 APPROVE TWO LEASE AGREEMENTS WITH C.P.O.C. REALTY FOR OFFICE SPACE TO BE OCCUPIED BY COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION STAFF AND COUNTY ATTORNEY LEGAL STAFF AT AN ANNUAL RENT AND COMMON MAINTENANCE FF, Fi OF $60~370 Item #16A13 CHAIRPERSON TO SIGN AN AGREEMENT AS THE COMMUNITY REDEVELOPMENT AGENCY WITH LEE COUNTY ELECTRIC COOPERATIVE (LCEC) FOR THE INSTALLATION AND/OR UPGRADE OF APPROXIMATELY 45 STREETLIGHTS 1N IMMOKALEE USING $60,000 OF COLLIER COUNTY'S COMMUNITY DEVELOPMENT BLOCK GRANT (c nc ) rNDn, qa Item #16A14 FIRST AMENDMENT TO TOURISM AGREEMENT WITH KELLEY SWOFFORD ROY, INC., TO INCLUDE FY02/03 MARKETING AND ADVERTISING BUDGET IN THE AMOUNT OF $602,000.00, AS RECOMMENDED BY THE TOURIST DEVF, I~OPMENT COl INCII, Item #16A15 - Added RECORDING THE FINAL PLAT OF "CARLTON LAKES UNIT 3C" WITH APPROVAL OF THE STANDARD FORM CONSTRUCTION, MAINTENANCE AGREEMENT AND AMOI JNT OF THE PERFORMANCF, SECIIRITY Page 275 December 17, 2002 Item # 16B 1 LANDSCAPE MAINTENANCE AGREEMENT WITH FP&L FOR THE FUTURE LANDSCAPING AND MAINTENANCE ALONG THE WEST SIDE OF LIVINGSTON ROAD AND NORTH SIDE OF GOLDEN GATE PARKWAY ADJACENT TO THE FLORIDA POWER AND I,IGHT SIJBSTATION Item #16B2 DONATION OF FOUR DECORATIVE LIGHT POLES BY THE BAYSHORE BEAUTIFICATION MSTU TO THE NAPLES BC)TANICAIJ GARDEN-DONATION VAI,IJE $11,609.33 Item #16B3 SELECTION COMMITTEE RANKING OF CONSULTING FIRMS AND SUBSEQUENT CONTRACT NEGOTIATIONS FOR PROFESSIONAL DESIGN AND ENGINEERING SERVICES FOR 4-LANE ROAD IMPROVEMENTS TO RATTLESNAKE HAMMOCK ROAD BETWEEN POLLY AVENUE AND COLLIER BOULEVARD, PROJECT NO. 60169, RFP 03-3446- WITH AGNOLI, BARBER & BRUNDAGE; AMERICAN ENGINF, ERING; AND STANIJEY CONSIJI~TANTS Item #16B4 DEVELOPER CONTRIBUTION AGREEMENT WITH G.L. HARDY, LTD. AS DEVELOPER FOR ROAD IMPACT CREDITS AND VESTING RIGHTS IN EXCHANGE FOR THE DESIGN AND CONSTRUCTION OF THE NORTHWARD EXTENSION OF LOGAN BOULEVARD. ALL RIGHTS TO DEVELOPER UNDER Page 276 December 17, 2002 THE DEVELOPER CONTRIBUTION AGREEMENT ARE SUBJECT TO DEVELOPER COMPLYING WITH ALL CONDITIONS OF THE AGREEMENT IMPOSED BY THE COl JNTY Item #16B5 - Moved to #10D Item #16B6 AMENDMENT TO THE THIRD DEVELOPER CONTRIBUTION AGREEMENT WITH LONG BAY PARTNERS, LLC TO AMEND THE AREA IN THE ORIGINAI~ AGREEMENT Item #16B7 EASEMENT AGREEMENT AND AN ACCESS EASEMENT WITH KEITH AND DEBORAH KINKOR, REQUIRED FOR PERIODIC MAINTENANCE OF THE GOLDEN GATE MAIN CANAL UNDER THE BRIDGE CONSTRUCTED AT 13TM STREET SW. FISCAl, IMPACT $57100.00. PROJECT NO. 69068 Item #16B8 EASEMENT AGREEMENT AND AN ACCESS EASEMENT WITH JOAN M. KINKOR, REQUIRED FOR PERIODIC MAINTENANCE OF THE GOLDEN GATE MAIN CANAL UNDER THE BRIDGE CONSTRUCTED AT 13TM STREET SW. FISCAl, IMPACT $57100.00. PROJECT NO. 69068 Item #16B9 SUPPLEMENTAL AGREEMENT FOR THE LOCAL AGENCY PROGRAM (LAP) AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) TO ADD Page 277 December 17, 2002 MULTIPLE-YEAR FUNDING VERBIAGE AS REQUESTED BY THE FDOT AND TO MODIFY THE AGREEMENT TO PROVIDE A COMBINATION OF SIDEWALKS AND PAVED SHOULDERS AT NO ADDITIONAI, EXPENSE TO THF, COl INTY Item # 16B 10 PURCHASE OF EIGHT (8) DIESEL POWERED RIDING MOWERS FROM CAPRI LAWN EQUIPMENT CENTER FOR THE ROAD MAINTENANCE DEPARTMENT FROM STATE CONTRACT 3515-630-00-1 IN THE AMOIINT OF $107,875.44 Item #16B 11 THE UTILIZATION OF INSURANCE PROCEEDS, TRANSIT ENHANCEMENT FUNDS AND FEDERAL TRANSIT ADMINISTRATION FUNDING TO PURCHASE THREE NEW TRANSIT BUSES AND REJECT AWARD OF BID #02-3428-IN THF, AMOI JNT OF $410~300 Item # 16B 12 RESOLUTION 2002-502 AUTHORIZING THE EXECUTION OF A JOINT PARTICIPATION AGREEMENT (JPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR SECTION 5311 (OPERATING ASSISTANCE) FI JNDS Item # 16C 1 RELOCATION AGREEMENT WITH FLORIDA POWER AND LIGHT COMPANY RELATED TO SOUTH COUNTY WATER RECLAMATION FACILITY EXPANSION, IN THE AMOUNT OF $6,116: PROJECT 73949 Page 278 December 17, 2002 Item # 16C2 RESOLUTION 2002-503 GRANTING A CONSERVATION EASEMENT TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION REQUIRED FOR THE SOUTH COUNTY WATER RECLAMATION FACILITY EXPANSION AT A COST NOT TO EXCEED $50.00, PROJECT NO. 73949 Item #16C3 AMEND WORK ORDER CDM-FT-01-02 WITH CAMP DRESSER & MCKEE FOR UTILITY ENGINEERING SERVICES RELATED TO IMPROVING WELLFIELD RELIABILITY IN THE AMOUNT OF $83:000, PROJECT 70066 Item #16C4 AWARD CONTRACT TO WRIGHT CONSTRUCTION CORPORATION TO CONSTRUCT THE NORTH COUNTY WATER RECLAMATION FACILITY DEEP INJECTION WELL PUMP STATION, BID #03-3442, PROJECT 73948, IN THE AMOIJNT OF $4:740,000 Item #16C5 AWARD CONSTRUCTION WORK ORDER #UC-004 TO MITCHELL AND STARK CONSTRUCTION COMPANY, INC. FOR THE RELOCATION OF WATER AND SEWER MAINS RELATED TO THE FLORIDA DEPARTMENT OF TRANSPORTATION'S WIDENING OF U.S. 41 FROM BAREFOOT WILLIAMS ROAD TO EAST OF SR 951 IN THE AMOI JNT OF $308,533.00 Page 279 December 17, 2002 Item #16C6 BUDGET AMENDMENT FOR ENGINEERING SERVICES RELATED TO THE DESIGN AND PERMITTING OF COUNTY BEACH RENOURISHMENT, PROJECT 90527, IN THE AMOI YNT OF $635~000 Item # 16D 1 AWARD BID #03-3437 FOR RENTAL OF PORTABLE TOILETS TO WASTE MANAGEMENT OF COLLIER COUNTY, INC-IN THE AMOIJNT OF $242.66 Item #16D2 AWARD BID #03-3461 IN THE AMOUNT OF $62,850 TO FINISHING BY BAKER, INC. FOR RESURFACING OF THE MAIN POOIJ AT GOIJDEN GATE AOIIATIC COMPIJEX Item #16D3 AWARD WORK ORDER PBS-02-09 IN THE AMOUNT OF $97,053 TO PROFESSIONAL BUILDING SYSTEMS, INC., FOR THE RENOVATION OF CAXAMBAS BOAT RAMP AND THE REMOVAL AND RESTORATION OF THE COLLIER BOI IIJEVARD I~OAT RAMP Item #16D4 BUDGET AMENDMENT TO ENSURE CONTINUOUS FI JNDING OF THE OIJDER AMERICANS ACT GRANT Item #16D5 Page 280 December 17, 2002 RESOLUTION 2002-504 FOR TRAINING DATA COLLECTION EQUIPMENT, COMPUTER SOFTWARE, AND MEDICAL/RESCUE EQUIPMENT AND APPROVAL OF AN EMERGENCY MEDICAL SERVICES (EMS) COUNTY GRANT AND COl JNTY GRANT DISTRIBI ITION FORM Item # 16D6 BUDGET AMENDMENT TO THE OLDER AMERICANS ACT GRANT CONTRACT #OAA203.02 Item # 16E 1 AWARD BID #03-3443 TO ZEPHYRHILLS NATURAL SPRING WATER FOR PURCHASE AND DELIVERY OF BOTTLED DRINKING WATER AT AN ANNIIAI~ COST OF $35:000 Item #16E2 AWARD CONTRACT SEVERN TRENT SERVICES FOR MANAGEMENT SERVICES FOR PELICAN BAY SERVICES DIVISION PURSUANT TO RFP #02-3411, IN THE ANNUAL AMOI ~xlT OF $487000 Item #16E3 AWARD BID #03-3426 TO CECIL'S COPY EXPRESS FOR QUICK COPY SERVICES, ESTIMATED ANNUAL COST OF $30~000 Item # 16E4 Page 281 December 17, 2002 BUDGET AMENDMENT TO COMPLETE THE IMPLEMENTATION OF THE NEW INTEGRATED FINANCIAL MANAGEMENT SYSTEM Item # 16I 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 282 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE December 17, 2002 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: Ao Bo Co Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: 1. Disbursements for November 16, 2002 through November 22, 2002. Districts: Tuscany Reserve Community Development District - Minutes of October 14, 2002 Fiddlers Creek Community Development District - Minutes of November 20, 2002. o Collier Mosquito Control District - Amended Final Annual Certified Budget. Minutes: Vanderbilt Beach M.S.T.U. - Agenda for December 5, 2002; Minutes of November 7, 2002. Development Services Advisory Committee - Agenda for December 4, 2002; Minutes of November 6, 2002 Collier County Airport Authority - Agenda for November 18, 2002; Minutes of October 14, 2002. Collier County Contractor's Licensing Board - Agenda for November 20, 2002. o Historical Archaeological Preservation Board - Agenda for November 20, 2002; Minutes of October 16, 2002. Collier County Planning Commission - Agenda for November 21, 2002; Minutes of October 17, 2002. Golden Gate Fire Control and Rescue District - Agenda for November 13, 2002. Other: 1) Guy L. Carlton, Tax Collector - Budget Amendment Transfer H:Data~Format December 17, 2002 Item # 16J 1 DETERMINATION THAT PURCHASES OF GOODS AND SERVICES DOCUMENTED IN THE DETAILED REPORT OF OPEN PURCHASE ORDERS SERVE A VALID PUBLIC PURPOSE AND AUTHORIZE THE EXPENDITURE OF COIJNTY FI INDS TO SATISFY SAID PIIRCHASF, S Item #16K1 THE STIPULATED FINAL JUDGMENT RELATIVE TO THE FEE SIMPLE ACQUISITION OF PARCELS 120A AND 120B IN THE LAWSUIT ENTITLED COLLIER COUNTY V. COLLIER DEVELOPMENT CORPORATION, ET AL, (GOODLETTE-FRANK ROAD, PINE RIDGE ROAD TO VANDERBILT BEACH ROAD PROJF, CT) IN THE AMOI JNIT OF $27500 Item #16K2 THE MAKING OF AN OFFER OF JUDGMENT TO RESPONDENTS LORENZO DIAZ AND CECILIA DIAZ, BOTH INDIVIDUALLY AND AS TRUSTEES, FOR PARCEL NO. 169 IN THE AMOUNT OF $14,400 IN THE LAWSUIT STYLED COLLIER COUNTY V. ISMAEL GONZALES, ET AL, CASE NO. 02- 21 59-CA (IMMOKAIJF, F, ROAD PROJF, CT #60018) Item #16K3 THE MAKING OF AN OFFER OF JUDGMENT TO RESPONDENTS EARL E. LIGHTCAP, JR., AND BARBARA C. LIGHTCAP, FOR PARCEL NO. 170 IN THE AMOUNT OF $12,600 IN THE LAWSUIT STYLED COLLIER COUNTY V. Page 283 December 17, 2002 ISMAEL GONZALES, ET AL, CASE NO. 02-2159-CA (IMMOKAIJEF. ROAD PROJF. CT #60018) Item g 16K4 THE MAKING OF AN OFFER OF JUDGMENT TO RESPONDENTS RONALD COMBS AND PHYLLIS J. COMBS, FOR PARCEL NO. 172 IN THE AMOUNT OF $79,560 IN THE LAWSUIT STYLED COLLIER COUNTY V. ISMAEL GONZALES, ETAL, CASE NO. 02-2159-CA (IMMOKALEE ROAD PROJECT Item gl 6K5 - Continued to 1/14/03 BCC Meeting THE MEDIATED SETTLEMENT AGREEMENT AND THE STIPULATED FINAL JUDGMENT INCORPORATING THE SAME TERMS AND CONDITIONS AS THE MEDIATED SETTLEMENT AGREEMENT RELATIVE TO THE ACQUISITION ON PARCEL NOS. 114, 115 AND 116 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. CENTEXHOMES, A NEVADA GENERAL PARTNERSHIP, ET AL, CASE NO. 02-1602- CA (GOODIJF. TTF.-FRANK ROAD PROJFJCT #60134) Item g 16K6- Moved to g l2A Item gl 7A RESOLUTION 2002-505 RE PETITION CU-02-AR-3278, RICHARD G. LEWIS OF ANCHOR ENGINEERING INC., REPRESENTING COLLIER COUNTY GOVERNMENT, JOHN JONES, LIBRARY DIRECTOR, REQUESTING A CONDITIONAL USE FOR AN ESSENTIAL SERVICE WITHIN THE "RSF-3" RESIDENTIAL SINGLE FAMILY ZONING DISTRICT FOR PROPERTY LOCATED AT THE SOUTHWEST Page 284 December 17, 2002 CORNER OF IMMOKALEE DRIVE AND FIRST STREET IN IMMOKAI.EE Item # 17B ORDINANCE 2002-67 RE PETITION PUDA-2002-AR-2736, D. WAYNE ARNOLD OF Q. GRADY MINOR, P.A., REPRESENTING GARY A. LINK OF TADPOLE HOLDINGS LLC, REQUESTING AN AMENDMENT TO THE "THE FALLS OF NAPLES" PLANNED UNIT DEVELOPMENT (PUD), FOR THE PURPOSE OF REDUCING THE MINIMUM ACCESSORY STRUCTURE SETBACK FROM 50 FEET TO 25 FEET FROM AIRPORT-PULLING ROAD FOR PROPERTY LOCATED ON THE SOUTHWEST CORNER OF PINE RIDGE ROAD (CR 896) AND AIRPORT-PI JIJJlNG ROAD (CR 31) Item #17C- Moved to #81 Item #17D- Continued to January 14, 2003 BCC Meeting PUDZ-2001-AR-1749, WILLIAM L. HOOVER, OF HOOVER PLANNING AND DEVELOPMENT INC., REPRESENTING MARK L. LINDER, TRUSTEE, REQUESTING A REZONE FROM "A" RURAL AGRICULTURAL AND "PUD" PLANNED UNIT DEVELOPMENT TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE MISSION HILLS PUD, FOR A COMMERCIAL SHOPPING CENTER FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF VANDERBILT BEACH ROAD AND COIJJF, R BOIII~FJVARD (CR 951) Page 285 December 17, 2002 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 7:40 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL JAMES COLETTA, CHAIRMAN ATTEST: ,. e:?I~-t~. ~iC~HT E. BROCK, CLERK ' i~~~'minutes approved by the Board on as presented / or as co~ected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY TERRI LEWIS and DEBRA J. DeLAP, NOTARY PUBLIC. Page 286