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BCC Minutes 03/11/2003 R March 11,2003 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, March 11, 2003 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: Torn Henning Frank Halas Donna Fiala Fred W. Coyle Jim Coletta ALSO PRESENT: Jim Mudd, County Manager David Weigel, County Attorney Dwight Brock, Clerk of Court Jim Mitchell, Clerk's Office Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ~ AGENDA March 11, 2003 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 1 March 11, 2003 CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMP AIRED ARE A V AILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor Tony Stewart, Parkway Community Church of God 2. AGENDA AND MINUTES A. Approval of to day's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) B. February 11,2003 - Regular Meeting C. February 18,2003 - 2001 Wastewater and Water Master Plan Workshop D. February 18,2003 - BCC Special meeting 3. SERVICE AWARDS 4. PROCLAMATIONS A. Proclamation to recognize the week of March 16th as Invasive Exotics Control Week. To be accepted by Melissa Hennig, Environment Specialist for Collier County. B. Proclamation to support the Department of Elder Affairs' initiative to make Florida a healthy environment for a lifetime. To be accepted by Gary Kluckhuhn, Director, Center for Assisted Living Innovation. C. Proclamation to recognize the Parks and Recreation staff, Beach Maintenance staff and Park Rangers for their hard efforts in making Barefoot Beach "Healthy Beach of2002". To be accepted by Murdo Smith, The Beach Maintenance Crew and Park Rangers. 2 March 11, 2003 5. PRESENTATIONS 6. PUBLIC PETITIONS A. This item continued from the Februarv 11~ 2003 BCC Meetin2. Public Petition request by Dr. Theodore Raia to discuss site plan for Cap d' Antibes at Waterpark Place in Pelican Bay. B. Public Petition request by Mr. Gregory C. Cardamone to waive impact fees for the Ag Warehouse and Packing, Inc., Immokalee, FL. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. This item is continued to the April 8~ 2003 BCC meetin2. An Ordinance amending Ordinance No. 99-76, relating to Mandatory Street Numbering of all structures and the establishing of a grid pattern for street numbering; providing for statutory authorization; providing for findings of fact; providing a statement of intent and purpose; providing for definitions; providing for requirements for posting of official address number; providing for specifications for posting official address number; providing for application for new official address number; providing for compliance relating to new construction of building repairs; providing for an amended procedure for establishing a uniform grid numbering pattern for assignment of addresses or change of confirming addresses; providing for duly advertised public hearings to rename a street; providing for monitoring of the naming of streets, developments, buildings or subdivisions; providing amended procedures for street naming; providing amended private streets; providing an appeal procedure; providing for abrogation and greater restrictions; providing a warning and disclaimer of liability; providing for enforcement and penalties; providing for repeal of Collier County Ordinance No. 97-9; providing for conflict and severability; providing for inclusion in Code of Laws and Ordinances; and providing an effective date. 9. BOARD OF COUNTY COMMISSIONERS 3 March 11, 2003 A. Appointment of member to the Bayshore/ Avalon Beautification MSTU Advisory Committee. B. Appointment of member to the Golden Gate Beautification Advisory Committee. C. Appointment of member to the Historical/Archaeological Preservation Board. D. Appointment of member to the Immokalee Beautification MSTU Advisory Committee. E. Appointment of members to the Tourist Development Council. F. Discussion regarding procurement and contract reviews by the Clerk of Courts. (Commissioner Coyle) 10. COUNTY MANAGER'S REPORT A. This item to be heard at 1 :00 p.m. Present the results of three Solid Waste RFP Initiatives, Status of Landfill Gas Project, Options for a Long-Range Integrated Solid Waste Management Program, and Recommendation for Further Action. (Jim DeLony, Administrator, Public Utilities) B. This item to be heard at 11:00 a.m. Review the written and oral reports of the Board of Adjustment and Appeals, County Government Productivity Committee, Development Services Advisory Committee, Emergency Medical Services Advisory Council and the Environmental Advisory Council Advisory Boards scheduled for review in 2003 in accordance with Ordinance No. 2001-55. (Winona Stone, Assistant to the County Manager) C. Request Board to authorize staff to negotiate a Local Agency Program (LAP) Agreement with the Florida Department of Transportation (FDOT) for the installation of highway lighting along US 41 East from Broward Street to Collier Boulevard (CR 951) for a total cost estimated to be about $500,000. (Norman Feder, Administrator, Transportation) D. This item to be heard at 2:00 p.m. Consideration of Hispanic Affairs Advisory Board Report of Goals and Objectives as requested by the Board 4 March 11, 2003 of County Commissioners. (Ramiro Manalich, Staff Liaison) E. This item to be heard at 10:00 a.m. Approval of a request by the Black Affairs Advisory Board that the Board adopt a Resolution to support the name of Dr. Martin Luther King Jr. Elementary School located at 4095 18th Avenue NE, Naples, FL. (John Dunnuck, Staff Liaison) F. This item has been deleted. G. Review of Preparedness Planning Activities in the event that the Department of Homeland Security places the Nation under a Severe Risk of Domestic Terrorism (Threat Level Red). (Ken Pineau, Director, Emergency Management) H. Authorization for the County Attorney to prepare and advertise Ordinances authorizing the Extension of the Five and Six Cents Local Option Gas Taxes and the Voted (9th Cent) Gas Tax. (Mike Smykowski, Director, Office of Management and Budget) I. Proposed amendment to Resolution 2000-455 which established a fee schedule of development related review and processing fees as provided for in Division 1.10 of the Collier County Land Development Code. (Joe Schmitt, CD&ES Administrator) J. Request Board approval of Joint Participation Agreement with the Florida Department of Transportation (FDOT) for advancement of construction funds and allocation of urbanized area funds from FDOT FY 2004 and 2005 in the amount $1,080,000 for use on the SR 84 (Davis Boulevard)/CR 951 (Collier Boulevard) intersection improvement project. K. Conceptual Agreement with Lely Resorts and Stock Development Corporation regarding the extension of Santa Barbara Boulevard between Davis Boulevard and Rattnesnake-Hammock Road. (Norman Feder, Administrator, Transportation Services) L. Presentation of options regarding Livingston Woods neighborhood park. (John Dunnuck, Public Services Administrator) 11. PUBLIC COMMENTS ON GENERAL TOPICS 5 March 11, 2003 12. COUNTY ATTORNEY'S REPORT A. Recommendation that the Board of County Commissioners agree to stay proceedings in Collier County v. Marshall, et aI, Case No. 99-2009-CA- TB, now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida in view of Eminent Domain proceedings to be commenced by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. B. Adopt a Resolution creating the Collier County Revenue Commission, an Ad Hoc Advisory Body. C. Adopt a Resolution improving the efficiency of Local Government by limiting unduly repetitious public petitions. D. Recommendation that the Board of County Commissioners, in accordance with the requirements of Section 70.00 1 (4)(c), FLA. Stat., ("Bert J. Harris, Jr., Private Property Rights Protection AcC), consider written settlement offer options for Bert Harris Act claim of Aquaport, L.C., Norman Burke and Jim Allen. 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. ------------------------------------------------------------------------------------------------------------ A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Code Enforcement Lien Resolution Approvals. 2) Approve a three-year Lease Agreement with C.P.O.C. Realty, an Illinois Limited Liability Company, for office space to be utilized by 6 March 11, 2003 the Tourism Development Department at a first year's cost of $37,067.34. 3) Request to grant Final Acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Carlton Lakes Unit No. 3A". 4) Request to grant Final Acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Pelican Marsh Unit Seven Replat". 5) Request to grant Final Acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Pelican Marsh Unit Eight" . 6) Request to grant Final Acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Pelican Marsh Unit Fifteen" . 7) Final acceptance of water and sewer utility facilities for Bermuda Bay Two, Lot 20. 8) Approval of one (1) impact fee reimbursement due to an overpayment totaling $795.78. 9) Approval of one (1) impact fee reimbursement of $1 73 .28 due to building permit cancellation. 10) Final acceptance of water utility facilities for Carlton Lakes, Tract D. 11) Final acceptance of water utility facilities for Carlton Lakes, Tract U. 12) Final acceptance of water utility facilities for Lakeview SE, Tract G at Carlton Lakes. 13) Request to approve for recording the final plat of "Majors", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. 7 March 11, 2003 14) Request to approve for recording the final plat of "Twin Eagles Phase Two A-I" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. 15) Request to approve for recording the final plat of "Twin Eagles Phase Two A-2" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. 16) Approve budget amendment in the amount of $52,000 to support court-appointed receivership operation of the Lee Cypress Water and Sewer Cooperative ($10,000) and reimbursement of Public Utilities Division (approximately $42,000) for personnel, equipment and material costs related to the emergency operation, repair and water quality testing performed at the Lee cypress Water and Sewer Cooperative, as recommended by the Collier County Water and Wastewater Authority. 17) Petition CARNY-2003-AR-372l, Peg Ruby, Special Events Coordinator, Collier County Parks and Recreation, requesting a Permit to conduct a carnival on March 14, 15 and 16,2003 in the Vineyards Community Park at 6231 Arbor Boulevard. (Joseph K. Schmitt, Administrator, CD&ES) B. TRANSPORTATION SERVICES 1) Approve Professional Services Agreement No. 03-3446 in the amount of $986,360 for engineering and permitting services to be providing by Agnoli, Barber and Brundage, Inc. for proposed roadway improvements to Rattlesnake Hammock Road from Polly Avenue to Collier Boulevard, Project No. 60169. 2) Accept a Grant of a perpetual, non-exclusive access and maintenance easement to provide for access and regular maintenance by County staff to one of the canals in the Lely Canal Basis, located in Section 19, Township 50 South, Range 26 East. 3) Approval of a Reciprocal Agreement, Assignment and Assumption Agreement, and Release and Waiver Agreement between Collier 8 March 11, 2003 County and South Florida Water Management District (SFWMD) Incident to the Four Lane Construction of Immokalee Road (Project No. 60018). Fiscal Impact: $51.00. 4) Approve reallocation of funding for Professional Services Agreement No. 02-3398 in the amount of$116,690.00 to provide for design for water and sewer relocations related to the roadway improvements to Collier Boulevard between Golden Gate Boulevard and Immokalee Road, Project No. 65061. 5) A Resolution authorizing the execution of a supplemental agreement from the State of Florida Department of Transportation for the Countywide Paved Shoulders Project. 6) Approve the piggybacking of a Pensacola, Florida (Escambia County) Contract to purchase lay in place polymer modified cold mix paving system (micro-surfacing) for the Road Maintenance Department, annual amount is estimated to be $50,000. 7) Approve a Budget Amendment request to transfer $267,641.78 from Transportation Gas Tax Reserves for a cash payment to First Baptist Church of Naples, Inc., for the Developer Contribution Agreement, approved by the Board of County Commissioners on October 22, 2002. 8) Award Work Order No. DBA-FT-03-0l in the amount of$165,500 to Aquagenix for the 2003 Australian Pine Removal Project (Project No. 51501) and approve a Budget Amendment to transfer funds in the amount of $50,000 from Fund 325 Reserves to Fund 325 Australian Pine Removal Program Cost Center 172940. 9) Recommendation to award Bid No. 03-3459 Purchase of one (1) trailer mounted towable aerial lift to Nations Rent in the amount of $30,495. (Norman Feder, Administrator, Transportation Services) C. PUBLIC UTILITIES 1) Approve Change Order 1 to Work Order UC-004 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 9 March 11, 2003 East ofSR 951, in the amount of$34,120. 2) Accept a temporary Construction Easement from Winterpark Recreation Association Inc., and Naples Winterpark III, Inc., for construction of a l2-inch sewer force main for the Palm Drive/Davis Boulevard Force Main Project (Project 73158) at a cost not to exceed $50.00. 3) Approve a Work Order for a re-nourishment engineering report as part of County-Wide Sand Search, Project 90527, in the amount of $89,678. 4) Approve Change Order 1 to Work Order 61 for construction of the Western Interconnect for Wastewater Collection Systems, in the amount of $109,486. 5) Affirm execution of time extension to Grant Agreement of United States Environmental Protection Agency (USEP A) Grant HS- 8320501-1 for Water System Vulnerability Assessment at Collier County Water Facilities, Project 70170. 6) Authorize and reaffirm execution of agreement and amendments for time extension to the South Florida Water Management District (SFWMD) Grant Contract C-13978 for brackish water supply wells for the South County Regional Water Treatment Plant (SCRWTP) Reverse Osmosis Expansion, Project 70054. D. PUBLIC SERVICES 1) Request Board approval to apply for Library Services and Technology Act (LST A) Grant to upgrade the Library Automation System and purchase two self-check units. 2) Approve an Agreement with respect to Contract Rights and Obligations for the Sanctuary Skate Park Concession. 3) Award ofRFP #03-3445, "Vanderbilt Beach Concession" with anticipated revenue of $4200 for the remainder of FY03. 10 March 11, 2003 4) Approve Change Order #2 in the amount of$1,868.25 for additional work at Gulf Shore Beach Access. 5) Consideration of a request by Willough Health Care, Inc., d/b/a The Willough at Naples for the Board of County Commissioners to provide a letter of support to the agency for Health Care Administration (AHCA) for their request to lift the restrictions on the Willough's current license to allow 24 of 42 existing beds for general inpatient psychiatric care. E. ADMINISTRATIVE SERVICES 1) Request Board approval for a First Amendment to Lease Agreement between Collier County and Crown Castle GT Company at an annual cost of $8,400. 2) Authorize Termination for Convenience of Contract #01-3287 "Office Supplies and Furniture". 3) Approval to award Bid #03-3439 "Annual Contract for Painting Contractors" to Spectrum Paint, Wm. T. Decker Painting and Tropex Construction. 4) Approval to Award Bid #03-3464 for "Full Service for Professional Movers" to Suncoast Mayflower, Best Moving and Storage of Naples and Naples Moving and Storage. 5) Approve Staffs Short List for Architectural Services for the design of the Emergency Operations Center, RFP 03-3448. 6) Approval to award Work Order #VC-02-05 under RFP #02-3349 General Contractors Services with Varian Construction Company for the renovations of the 5th Floor Courthouse (former Law Library area) in the amount of $172,795 for new office space for the Clerk of Courts. 7) Approve Change Order No.2 (Work Order No. SC 02-07) with Surety Construction Company in the amount of$60,013.08 for additional work relating to the renovation of the Property Appraiser's leased building increasing the total amount of Change Orders to 11 March 11, 2003 $96,915.71. F. COUNTY MANAGER 1) Approval to submit a grant application in the amount of $41,802 to purchase supplies and equipment for the Community Emergency Response Team Program (CERT) and to fund Citizens Corps Programs. 2) Approve a cost-reimbursement agreement, not to exceed $75,000, between the Florida Department of Community Affairs and Collier County to update the terrorism annex of the County Comprehensive Emergency Management Plan and for the development of a Collier County Continuity of Operations Plan (COOP) and approve a budget amendment to recognize and appropriate the $75,000 as revenue. G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner request for payment to attend the EDC membership meeting and mixer. (Commissioner Halas) I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. 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. K. COUNTY ATTORNEY 1) Authorize the Making of an Offer of Judgment to Respondents John Vassaras and Joan P. Vassaras, for the fee taking of Parcel No. 211A in the amount of $8,400 in the Lawsuit styled Collier County v. Efrain 12 March 11, 2003 Arce, et aI, Case No. 02-2ll9-CA (Immokalee Road Project #60018). 2) Authorize the Making of an Offer of Judgment to Respondents Armando A. Lambert and Algis L. Mados, for the fee taking of Parcel No. 208 in the amount of$7,150 in the Lawsuit styled Collier County v. Armando A. Lambert, et aI, Case No. 02-2l32-CA (Immokalee Road Project #60018). 3) Authorize the Making of an Offer of Judgment to Respondents Zunilda G. Conforte and Shelva Z. Conforte, as Trustees of the Conforte Residual Credit Shelter Trust of Rodolfo R. Conforte U/ AID 2/08/01, for the fee taking of Parcel No. 206 in the amount of $7,250 in the Lawsuit styled Collier County v. Armando A. Lambert, et aI, Case No. 02-2l32-CA (Immokalee Road Project #60018). 4) Authorize the Making of an Offer of Judgment to Respondent Juliann S. Boback, for the fee taking of Parcel No. 196 in the amount of $6,900 in the Lawsuit styled Collier County v. Robert W. Pieplow, et ai, Case No. 02-2l33-CA (Immokalee Road Project #60018). 5) Authorize the Making of an Offer of Judgment to Respondents Medaro T. Sanchez and Oliva Sanchez for the fee taking of Parcel NO. 201 in the amount of $7,000 in the Lawsuit styled Collier County v. Jeffrey A. Richardson, et aI, Case No. 02-2l88-CA (Immokalee Road Project #60018). 6) Authorize the Making of an Offer of Judgment to Respondents Tim Cherrington and Max Cherrington for the fee taking of Parcel No. 202 in the amount of $7,000 in the Lawsuit styled Collier County v. Jeffrey A. Richardson, et aI, Case No. 02-21 88-CA (Immokalee Road Project #60018). 7) Authorize the Making of an Offer of Judgment to Respondents Zunilda G. Conforte and Sheyla Z. Conforte, as Trustees of the Rodolfo Conforte Residual Credit Shelter Trust of Rodolfo R. Conforte V/ AID 2/08/01 the fee taking of Parcel No. 203 in the amount of $6,300 in the Lawsuit styled Collier County v. Jeffrey A. Richardson, et aI, Case No. 02-2l88-CA (Immokalee Road Project #60018). 13 March 11, 2003 8) To approve the subordination of County's Sidewalk Easement Interests to the State of Florida Department of Transportation and waive County's apportionment claim against the property owners. 9) Approve the Agreed Order awarding Expert Fees relative to the Easement Acquisition of Parcels 733A, 733B, 733C, 733D, 733E, 733F, 833A, 833B, 933A and 933B in the Lawsuit entitled Collier County v. McAlpine Briarwood, Inc., et aI, Case No. 98-l635-CA (Livingston Road, Project No. 60061). 10) Recommendation that the Board authorize the payment of adjusted hourly rates for outside counsel in Vanderbilt Shores Condominium Association, Inc., et al. v. Collier County, Aquaport, LC, et al. v. Collier County, et al., and the Bert Harris Act Claim and ratify the adjusted rates effective as of January 1,2003. 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. A. This item continued from the February 25~ 2003 BCC Meetin2. Petition A VROW2002-AR2332 to disclaim, renounce and vacate the County's and the Public's interest in a portion of the road right-of-way for Coralwood Drive which was dedicated to the County as 3rd Avenue Northwest by the Plat of "Golden Gate Estates Unit No. 95", as recorded in Plat Book 9, Page 45, Public Records of Collier County, Florida. Located in Section 4, Township 49 South, Range 26 East. 14 March 11, 2003 B. CUE-2002-AR-322l, James J. Soper, representing Heron Senior Housing LLC, requesting a one-year extension of an approved Conditional Use for an Assisted Living Facility located at 5179 Tamiami Trail East, in Section 19, Township 50 South, Range 26 East, Collier County, Florida, consisting of approximately 4.74 acres. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 15 March 11, 2003 March 11,2003 CHAIRMAN HENNING: Call the Board of Commissioner's meeting to order. We are going to have invocation led by Todd McDowell of Trinity by the Cove. Followed by that, we'll have the pledge of allegiance led by Kristine (sic) Anthony. Would you all rise, please. MR. McDOWELL: Let us pray. Oh, Lord, our governor, bless the leaders of our land that we may be a people at peace among ourselves and a blessing to other nations of the earth. To the President and members of the cabinet, to governors of the states, mayors of cities, to all in administrative authority, and especially to this commission of Collier County, grant wisdom and grace in the exercise of their duties. To the senators and representatives, to those who make our laws in states, cities and towns, give courage, wisdom and foresight to provide for the needs of all our people and to fulfill our obligations to the community of nations. To the judges and officials of the courts, give understanding and integrity that human rights may be safeguarded and justice served. And finally, teach our people to rely on your strength and to accept the responsibilities to their fellow citizens, that they may elect trustworthy leaders and make wise decisions for the well-being of our society, that we may serve you faithfully in our generation and honor your holy name. In God's name we pray. Amen. (The Pledge of Allegiance was recited in unison. ) CHAIRMAN HENNING: Good morning, Commissioners. COMMISSIONER HALAS: Good morning. Item #2A REGULAR, SUMMARY AND CONSENT AGENDA- Page 2 March 11, 2003 CHAIRMAN HENNING: We're going to go through our change sheet. First we want to ask our county attorney, David Weigel, ifhe has any additions, corrections, or deletions. MR. WEIGEL: Thank you, Mr. Chairman, and good morning, Commissioners. None from the county attorney. Thank you. CHAIRMAN HENNING: Jim Mudd? MR. MUDD: Mr. Chairman, good morning. First of all, I'd like to recognize some folks that are in the audience today. They're our future county government-type folks that are here, and you'll notice that we have an influx of rather young adults sitting in the first four rows on the right side, and that's basically Know Your County Government Teen Citizenship Program, and we're going -- they're here this morning to monitor the meeting, and I've talked about the agenda with them this morning and talked about what districts you are and kind of where your boundaries are. So they're prepared to do that, and they're learning about government, and this is their last -- kind of like graduation day. And at lunchtime, we'll meet with them, and no doubt, they'll have lots of questions for us, but we're glad to have them here today -- COMMISSIONER COYLE: Good. MR. MUDD: -- in this chamber to learn a little bit about their county government. Now to the agenda changes for 11 March, 2003. First item is add item 4(D), and -- that's 4(D), which is a proclamation recognizing the week of March 10th through March 15th, 2003, as Brain Awareness Week to be accepted by Torn O'Reilly, president of On- The-Gulf Kiwanis Club. The next item is item -- is an add item, 4(E), again, 4(E), and that's a proclamation recognizing the week of March 9th through Page 3 March 11, 2003 March 15th, 2003, as the 25th anniversary of Know Your County Government Week to be accepted by Anthony Will. Next item is an add item, and that's item 9(G), and that's request board to set the place and time for the clerk with the assistance of the county attorney's office to open and count the mail ballots of the nominees to fill the vacancies of the Pelican Bay MSTBU Advisory Committee. The next item is to add item 16(F)3, which is to approve Isle of Capri Fire and Rescue application for a matching 50/50 grant offer by the Florida Division of Forestry in the amount of $2,749 and approve the necessary budget amendments, and that's at staffs request. And that's all the changes I have, but we do have some notes with some time certains, and I'd like to go over those for clarity for the board. First item is item 10(1). No changes to fee schedule, D7, K2 -- 26, and N 1, and those items have been provided to the board and will be talked about by the presenter at the podium. Item 10(L). This item is not to be heard before three p.m. It's the last item. The constituents and people of interest wanted to know, and I basically said, I know it's the last item, and I don't think it will be heard before three p.m., so I gave them a no-earlier-than-three-p.m. time for that item. Next item is 16(A)2. The title should read, approve a three-year lease agreement with C.P.O.C. Realty, an Illinois limited liability company, for office space to be utilized by the Tourism Development Department for a first year's cost of $30,207.42 rather than the amount that was there, which was 37,067.34. So there's been a change to the price, and it should read a three-year term, and it didn't say three years at the beginning. It just said a term, but it's a three-year lease. First -- first year cost is $30,000 and change. Then some other time certain items; at 10 a.m. we'll hear item Page 4 March 11,2003 10(E), and that's a request by the Black Affairs Advisory Board. At 11 a.m. we'll hear item 10(B), which is a review and written oral reports of the board -- for the Board of Adjustments and Appeals, the County Government Productivity Committee, the Development Services Advisory Committee, the Emergency Medical Services Advisory Committee ( sic), and the Environmental Advisory Committee (sic) Advisory Boards, and this is your annual chance to listen to the boards tell you what they do and what their plans are for the future. You review every one of those advisory boards on a four -- every four years, and you will do 10 this month. We have five this meeting and five next meeting. The next time certain item is at one p.m., and that's item 10(A), and that's a discussion of the long-range solid waste plan for Collier County. And the last item is a two p.m. time concern, and that's item 10(D), and that's the consideration of reports submitted by the Hispanic Affairs Advisory Board. Mr. Chairman, that's all I have for today. CHAIRMAN HENNING: Great. Commissioner Coletta, do you have any changes or ex parte communications on the summary agenda? COMMISSIONER COLETTA: No, I have none. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: I have none. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: I have no ex parte or changes. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Nothing. CHAIRMAN HENNING: I have nothing either, so I'll entertain a motion to -- COMMISSIONER COLETTA: So move. Page 5 March 11,2003 CHAIRMAN HENNING: -- accept the -- COMMISSIONER HALAS: Second. CHAIRMAN HENNING: -- the agenda today, the regular agenda, the consent agenda, and the summary agenda as amended. A motion was made by Commissioner Coletta, second by Commissioner Halas. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries, 5-0. Page 6 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING March 11. 2003 Add Item 40: Proclamation recognizing the week of March 10 through March 15, 2003 as Brain Awareness Week, to be accepted by Tom, O'Reilly, President On- the-Gulf Kiwanis Club. Add Item 4E: Proclamation recognizing the week of March 9 through March 15, 2003, as The 25th Anniversary of the Know Your County Government Week, to be accepted by Anthony Will. Add Item 9G: Request Board to set the place and time for the Clerk, with the assistance of the County Attorney's Office, to open and count the mail ballots of the nominees to fill the vacancies on the Pelican Bay MSTBU Advisory Committee. (Sue Filson, Executive Manager, BCC) Add Item 16F3: A pprove Isles of Capri Fire/Rescue application for a matching (50/50) grant offered by the Florida Division of Forestry in the amount of $2,749 and approve the necessary budget amendments. (Staff request) NOTES: Item 101- Note changes on fee schedule 07, K26 and N1. Item 1 OL - This item is not to be heard before 3:00 p.m. (Livingston Woods Park) Item 16(Al2: Title should read: Approve a three-year Lease Agreement with C.P.O.C. Realty, an Illinois Limited Liability Company, for office space to be utilized by the Tourism Development Department for a first year's cost of $30,207.42 (rather than $37,067.34). Time Certain Items: 10:00 a.m. Item 10E: Approval of a request by the Black Affairs Advisory Board that the Board adopt a Resolution to support the name of Dr. Martin Luther King Jr. Elementary School located at 4095 18th Avenue NE, Naples, FL. (John Dunnuck, Staff Liaison) 11 :00 a.m. Item 10B: Review the written and oral reports of the Board of Adjustment and Appeals, County Government Productivity Committee, Development Services Advisory Committee, Emergency Medical Services Advisory Council and the Environmental Advisory Council Advisory Boards scheduled for review in 2003 in accordance with Ordinance No. 2001-55. (Winona Stone, Assistant to the County Manager) 1 :00 D.m. Item 10A: Present the results of three Solid Waste RFP Initiatives, Status of Landfill Gas Project, Options for a Long-Range Integrated Solid Waste Management Program, and Recommendation for Further Action. (Jim DeLony, Administrator, Public Services) 2:00 D.m. Item 100: Consideration of a report submitted by the Hispanic Affairs Advisory Board that includes its goals and objectives. (Ramiro Manalich, Staff Liaison) March 11, 2003 Item #2B REGULAR MEETING MINUTES OF FEBRUARY 11, 2003 - AEER OVEn AS ERE.S.ENIED Entertain a motion to accept the February 11, 2003, regular meeting. COMMISSIONER COYLE: So move. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: There's a motion to accept the meeting minutes by Commissioner Coyle, second by Commissioner Fiala. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries, 5-0. Item #2C WORKSHOP MEETING MINUTES OF FEBRUARY 18, 2003 - AEEROVED AS ffiESENIED Entertain a motion to accept the February 18th, 2003, Wastewater Workshop. COMMISSIONER HALAS: So move. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Commissioner -- motion by Page 7 March 11, 2003 Commissioner Halas, second by Commissioner Fiala to accept the workshop minutes. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (N 0 response.) CHAIRMAN HENNING: Motion carries, 5-0. Item #2D SPECIAL MEETING MINUTES OF FEBRUARY 18,2003- AEER OVEn AS ffiE.SENIED Entertain a motion to accept the February 18th, '03, BCC special meeting. COMMISSIONER COYLE: So move. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: There's a motion by Commissioner Coyle, second by Commissioner Fiala to accept the meeting minutes. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries, 5-0. Page 8 March 11, 2003 Item #4A PROCLAMATION RECOGNIZING THE WEEK OF MARCH 16TH I'm going to go to proclamation. First one is 4(A), and I'm going to read this proclamation, and it will be accepted by Melissa Hennig. Is Melissa here? Please corne up front, please. Whereas, the quality of life of ( sic) economic and ecological well-being of Collier County is a significant dependent of Collier County natural resources; and, Whereas, invasive exotic plants pose a significant threat to Collier County's natural resources with certain plants causing safety and health problems for -- to the county residents; and, Whereas, the county facilities management, parks and rec., solid waste, and environmental service departments will be removing invasive exotic plants from Collier County's own property during the week of March 16th through March 22nd, 2003; and, Whereas, the month of March 2003, seven Collier County libraries will host education displays about invasive exotic plant control. Now, therefore, be it proclaimed by the Board of Commissioners of Collier County, Florida, that the week of March 16, 2003, be designated as Invasive Exotics Control Week. Done in this order, 11 day of March, 2003. Signed by the chairman, Torn Henning. I'll make a motion that we move this proclamation. COMMISSIONER FIALA: I'll second that. COMMISSIONER COYLE: Second. CHAIRMAN HENNING: Motion made by myself, second by Commissioner Fiala. Page 9 March 11, 2003 All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries, 5-0. Thank you. (Applause.) CHAIRMAN HENNING: Would you like to say a few words? MR. MUDD: You need to get your picture. CHAIRMAN HENNING: Squeeze in. MS. HENNIG: Thank you. Our department would like to thank the commissioners for their support of invasive exotic week. We'd also like to take the time to recognize the Solid Waste Department, facilities management, and parks and rec. for their involvement with exotic control week. Also, the libraries. Thank you. CHAIRMAN HENNING: Thank you. (Applause.) Item #4 B PROCLAMATION SUPPORTING THE DEPARTMENT OF ELDER AFFAIRS' INITIATIVE TO MAKE FLORIDA A CHAIRMAN HENNING: Next proclamation will be read by Commissioner Coletta. This proclamation supporting the department of elder affairs. COMMISSIONER COLETTA: Thank you, Commissioner Henning. Page 10 March 11, 2003 Would Gary Kluckhuna (sic), the director of Center for Assisted Living Innovation please corne forward. And forgive me for probably pronouncing your name wrong. And when we get a chance to hear a couple words from you, you'll correct me on that, I'm sure. Whereas -- face the audience, sir. Whereas, the community consists of a broad range of the stakeholders, hereafter referred to as the community, will share the responsibility and support the department of elderly (sic) affairs' initiative to make Florida a healthy environment for a lifetime, so all persons can enjoy living and aging in a place and in a community they love; and, Whereas, the State of Florida has the highest percentage of elderly of any state in the nation, and our elderly population will continue to increase, reaching numbers without precedence in the first part of the 21 st century; and, Whereas, in order to allow elderly to maintain their dignity, security and independence, community (sic) must evaluate their infrastructure and service to develop and implement a local community for a lifetime plan; and, Whereas, the community will assist and identify the needs of housing, health care, and transportation and develop strategies for meeting the needs that are most critical to the community. And, therefore, be it proclaimed by the Board of Collier County Commissioners, Collier County, Florida, that it will encourage and endorse the community in making every effort to coordinate and collaborate, utilize the diverse resources of its members to become a community for a lifetime. Done and ordered this, the 11th day of March, 2003, Torn Henning, chairman. And I'd like to make a motion for approval. COMMISSIONER FIALA: And second that motion. CHAIRMAN HENNING: Motion made by Commissioner Page 11 March 11,2003 Coletta, second by Commissioner Fiala. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries, 5-0. Thank you. (Applause.) COMMISSIONER COLETTA: Thank you. What we need is for you to face the camera, take a picture. If you've got a few words to say, we'd love to hear from you. Sir, right there at the podium. MR. KLUCKHUHN: On behalf of the entire community, I want to thank this commission. This is an extremely important and wonderful thing for the community. This makes Collier County among a few communities in the state that are committed to this proclamation, although it was just released in this format -- I think the ink is probably dry on the document -- but it's a revision from the elder ready community program that was presented a couple years ago. The support for this is phenomenal. I know we're going to enjoy watching the community become what we refer to as elder- friendly. It is economically strong for the community. It recognizes all the residents in the community and it's a wonderful thing you folks have done today. Thank you. CHAIRMAN HENNING: Thank you. (Applause.) MR. KLUCKHUHN: Thank you, sir. Page 12 March 11,2003 Item #4C PROCLAMATION RECOGNIZING THE PARKS AND RECREATION STAFF, BEACH MAINTENANCE STAFF AND P ARK RANGERS FOR THEIR HARD EFFORTS IN MAKING CHAIRMAN HENNING: Next proclamation will be read by Commissioner Fiala, and this proclamation is to recognized parks and recs. staff, beach maintenance staff, and park rangers for their hard efforts in making Barefoot Beach such a wonderful place to visit. Would you all corne up, please. COMMISSIONER FIALA: And Marla Ramsey, is she here to accept? Okay. I'm just so pleased that I get to read this proclamation, because as most of you know, I have a real tender spot in my heart for the parks and rec. group and rangers and so forth, and I'm just so proud of all that they do for our community. So as I say, it's my pleasure to read. Proclamation: Whereas, the Laboratory of Coastal Research of Florida International University has established the National Healthy Beaches Campaign dedicated to creating a balance between the recreational use of our nation's beaches and maintaining the environmental quality and safety of this prized resource; and, Whereas, the Collier County Parks and Recreation staff, public services division administration, and the Board of County Commissioners recognize, as does the campaign, that the quality of life in Collier County is predicated on the enj oyment and health of our natural environmental; and, Whereas, Barefoot Beach Preserve Park, the crown jewel of the Page 13 March 11, 2003 county parks system, and a place beloved by thousand has been recognized by the campaign as a 2002 healthy beach; and, Whereas, as custodian of the certified healthy beach Collier County Parks and Recreation pledges to maintain the beach's current level of good health and safety, continuously evaluate the beach's water quality and other standards of good health, and to notify the public and the National Healthy Beach Campaign of any substandard conditions; and, Whereas, parks and recreation park rangers and beach and water maintenance staff are directly responsible for Barefoot Beach Preserve Park's current and continuing health in good standing. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that gratitude and appreciation is extended to the Parks and Recreation Department and its staff for vigilance and hard work in maintaining Barefoot Beach Preserve Park as the accessible yet pristine place that it is. Done and ordered this 11th day of March, 2003, Torn Henning, chairman, signed. Thank you. I'd like to make the motion to -- to accept this proclamation. COMMISSIONER HALAS: I second. CHAIRMAN HENNING: There's a motion by Commissioner Fiala, and a second by Commissioner Halas to move this proclamation. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) Page 14 March 11, 2003 CHAIRMAN HENNING: Motion carries, 5-0. Thank you. (Applause.) CHAIRMAN HENNING: I was at East Naples -- yeah, the flag. You did an excellent job. MS. RAMSEY: Commissioners, for the record, Marla Ramsey, director of parks and recreation. It's my honor today to present you with the certificate and plaque that we received for the Barefoot Beach Preserve Park. There was a -- healthy beaches is a campaign. It has a criteria that has to do with complying with the standards of cleanliness, safety and environmental protection of beaches. And we received the 2002 Healthy Beach Award presented to us by Stephen Leatherman, also known as Dr. Beach. And it's my pleasure to present that to you today. CHAIRMAN HENNING: Wow, thank you. (Applause.) CHAIRMAN HENNING: Great. Thank you. MS. RAMSEY: Thank you very much. Item #4D PROCLAMATION RECOGNIZING THE WEEK OF MARCH 10- CHAIRMAN HENNING: Okay. Next proclamation will be read by Commissioner Halas, and this proclamation is Brain Awareness Week. Commissioner Halas? COMMISSIONER HALAS: Yes. Would Torn O'Reilly please step forward, please. And I'd like to thank Mr. O'Reilly for coming this morning in regards to Brain Awareness Week. And I think one of the real important aspects is teaching young children to make sure Page 15 March 11, 2003 that they wear their helmets when they're riding their bikes. And this proclamation starts as, whereas, the week of March 10th through March 16th has been designated as Brain Awareness Week, an international campaign to increase public awareness of the progress, promise and benefits of brain research; and, Whereas, numerous non-profit agencies and community organizations join together in Collier County in an effort to promote brain development, protection, and health; and, Whereas, this week-long celebration reflects a year-round commitment to educating the public about the development of the brain, health of the brain, and the importance of protecting this vital organ; and, Whereas, Brain Awareness Day, to be held Saturday, March 15th at River Park Community Center, will showcase educational exhibits, entertainment, and fun; and, Whereas, participating organizations and individuals are to be commended for joining in the celebration of Brain Awareness Day as a special time to unite people in pursuit of brain education, health, and protection; and, Whereas, the Kiwanis Club of Naples on the Bay -- on the Gulf and key clubs of Collier County will be serving as host organizations for this community-wide celebration and will be promoting this day of brain awareness and child literacy. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, this week of March 10th through March 16th be designated as Brain Awareness Week and that on Saturday, March 15th, River Park Community Center will be designated as Brain Awareness Day headquarters. As done and ordered this 11th day of March, 2003, signed by Torn Henning and sealed. Mr. O'Reilly, thank you very much. CHAIRMAN HENNING: Motion to approve the proclamation. Page 16 March 11,2003 Is there a second? COMMISSIONER FIALA: Second. COMMISSIONER COYLE: Yes. CHAIRMAN HENNING: Second by Commissioner Fiala, first by me. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Thank you. (Applause.) COMMISSIONER FIALA: Torn, good to see you again. CHAIRMAN HENNING: Thank you. Last but not least is a proclamation read by Commissioner Coyle, and it's to know your -- COMMISSIONER COLETTA: Wait. CHAIRMAN HENNING: I'm sorry. MR. O'REILLY: I apologize. I just want to make one small comment. CHAIRMAN HENNING: I'm sorry, sir. MR. O'REILLY: Kiwanis International's major emphasis this year is children, priority one. And the main function the club has undertaken is to educate the public of children under five, their intellectual development and potential, and giving information out to their parents on how to assist in that development of the intellect, and also, as Commissioner Halas brought up, is the physical protection of the children through the implementation of wearing safety helmets on bicycles and also car seats, so -- and I thank the commission for joining in our efforts in promoting that. Thank you. COMMISSIONER FIALA: May I ask a question, just one fast Page 1 7 March 11, 2003 one? CHAIRMAN HENNING: Sure. COMMISSIONER FIALA: Is it -- is it a state law now to wear helmets when you ride bikes? MR. O'REILLY: Yes, all children -- I don't know what the age limit is, but I know all grammar school children must wear safety helmets. COMMISSIONER FIALA: Okay, thank you. MR. O'REILLY: Thank you, Commissioner. CHAIRMAN HENNING: Thank you. (Applause.) Item #4E PROCLAMATION RECOGNIZING THE WEEK OF MARCH 9- 15,2003, AS THE 25TH ANNIVERSARY OF THE KNOW YOUR CHAIRMAN HENNING: Next proclamation will be read by Commissioner Coyle, Know Your County Government Week. COMMISSIONER COYLE: Thank you, Mr. Chairman. Would Kristine (sic) Anthony please corne forward. I'm going to ask you to turn around and face the audience, please. Whereas, Collier -- county government is a complex and multifaceted process which affects the lives of all residents of Collier County; and, Whereas, an increased knowledge of how various aspects of county government work can enhance an individual's quality of life in Collier County; and, Whereas, it is desirable for all county residents to be knowledgeable of county's government and how it works; and, Whereas, the League of Women Voters of Collier County, Page 18 March 11,2003 Collier County 4- H, and the Collier County Public Schools have co-sponsored the Know Your Government Teen Citizenship Program for 24 years. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of March 9th through 15th, 2003, be designated as the 24th anniversary of the Know Your County Government Week. Done and ordered this 11th day of March 2003, Board of County Commissioners, Torn Henning, chairman. I move the acceptance of this proclamation. COMMISSIONER FIALA: And I'll second that. CHAIRMAN HENNING: There's a motion by Commissioner Coyle, and second by Commissioner Fiala to move this proclamation. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries, 5-0. Thank you. (Applause.) MS. ANTHONY: Good morning. I'm Kristin Anthony, a junior from Barron Collier High School representing the Know Your County Government Program. We wish to thank you, the commission, county administrator, and all of the county division department heads, the constitutional officers, adults from the 4-H Club, the League of Women Voters, and Collier County Public Schools who have worked together to make the Know Your County Government Program possible. Page 19 March 11,2003 High school students from throughout the county are participating, representing Lely, Naples, Barron Collier, Immokalee, Gulf Coast, St. John Newman, as well as home schoolers. Picture, if you will, a sleepy little town with tree-lined dirt roads and horse drawn carriages. Now travel to over 75 years later, and that sleepy little town has become the second largest growing county in the United States. Throughout the years, Collier County has improved its standards and values. The present-day county has well developed roads, a large amount of growing neighborhoods, and a steadily growing population. The county government provides services to our community, and that is what the students before you today have been learning about for the past three weeks. Some of our ventures include trips to the local sheriffs office, health department, domestic animal services, the landfill, the water treatment plant, and the county museum. During our trips, we have learned many things, from how Sheriff Don Hunter is put into office to how the water treatment -- water is treated for county use. Through our visit to the landfill, we learned that due to recycling, there is a two-year extension on the life of the landfill. After our visit to the water treatment plant, we were aware that our shortage on water is going to force us to use brackish ground water, which will be more expensive to desalinate. Another problem we are facing as a community is growth. The population is increasing so quickly that we are using our land resources faster than expected. With teaching the few students involved in the Know Your County Government Program, it is hoped that we can spread our knowledge to the community and try to conserve our preCiOUS resources. Weare looking forward to this morning's events, including Page 20 March 11,2003 eating lunch with the commissioners, visiting the clerk of courts, and seeing the events in the courtroom. We also enjoyed meeting the county manager and meeting the county attorney. In the future, we are looking forward to creating opportunities for student interns at most of the county facilities teaching the newcomers to the Know Your County Government Program about our program and spreading our learned information to our community. So although we can't return to that sleepy little town, with the aid of our county government, we can help to create a safe and healthy environment with our already large and quickly growing population. In addressing the board, we are able to add another component to our learning process. Again, thank you for the opportunity to take part in this program and for your support. CHAIRMAN HENNING: Thank you. (Applause.) CHAIRMAN HENNING: And we have the opportunity to eat lunch with them today, so that's going to be a real joy. Commissioner Halas, you will thoroughly enjoy that. Before we continue on, I'd like to recognize our Clerk of Court, Dwight Brock, with us today to help us provide -- guide us along good government, and also his financial director, Jim Mitchell. Gentlemen, thank you for being here. Item #6A PUBLIC PETITION BY DR. THEODORE RAIA REGARDING THE SITE PLAN FOR CAP D' ANTIBES AT W A TERP ARK Page 21 March 11,2003 The next item is public petition. The first one is 6(A), and this public petition is requested by Dr. Theodore Raia to discuss the site plan for Cap d'Antibes, I believe it is, at Waterpark Place. DR. RAIA: Cap d'Antibes. CHAIRMAN HENNING: Thank you. Doctor? DR. RAIA: Thank you. I appreciate this opportunity to bring this matter of grave concern to the residents of Pelican Bay to the attention of the Board of County Commissioners. My name is Ted Raia. I am a member of the board of the Pelican Bay Property Owners' Association, representing over 3,000 families in that community. I am not a lawyer. These are personal opinions. Any conversations I relate to you are direct conversations. They're not hearsay. Section 2.05 of the PUD requires that a developer submit sufficient material so that a correct determination can be made in a site plan approval. We are stating that some inaccuracies were submitted, and we are also stating that there was a misapplication of the section 7.0403 that relates to site plan development. And because of that, we are requesting that the site plan approval be revoked. Now, the two -- there are two factors that affect the developer directly that we feel misrepresented the facts. I've interviewed the planning manager at the time, and the planning manager explained to me that he was not aware of the location of the condominium of St. Raphael. And when he was asked what was north of the Cap d'Antibes, the reply was mangroves. This is the -- this is the original plan. You'll notice that there's nothing -- there is nothing on the -- that is outside of this plan. The original plan shows the existing St. Pierre and St. Laurent and the proposed 8t. Margaux and St. Armands. The new -- the new plan that was submitted shows what is the Cap d'Antibes, one large building, 650 feet long, but now the Page 22 March 11,2003 developer did add something. He adds the parking spaces of a community parking lot there, which is really not required, but goes to (sic) adding that. But north of the Cap d'Antibes where there is already existing a building, and which I pointed out here with these little marks, he does not show it on the plan. This leads me to believe the information gave (sic) me by the planning manager was true. This is another plan that shows where the Cap d'Antibes is, and I have taken the liberty to show you exactly where the location of the St. Raphael condominium is. This massive building now obviously obscures the view of the St. Raphael, not only because of its size, but because it was moved over. This vertical line here is the 100 foot setback where __ it should be the limitations for buildings. The developer arbitrarily moved that over. This is a rendition of the shadow effect of this building. So it's not only the view that -- that is injured in building a building like this, but you'll notice the shadow cast by this building is going to cover a swimming pool at prime season when you really need the sun to heat that water. This is a -- my own rendition of a schematic that I've seen. I haven't been able to get my hands on the original. The people at planning are working on getting that for me. But at any rate, the developer was required to submit a schematic drawing of setbacks. This is his presentation here. He shows the 150 feet (sic) setback between St. Laurent, Cap d'Antibes, he shows the property line, he shows the lOa-foot setback between the St. Raphael and its property line. He also shows the distances between the St. Raphael and the Cap d'Antibes. What is not shown here is the actual distance between the Cap d'Antibes and the property line. Visually, if you look at it, it looks like the same distance as that shown between the property line and Page 23 -'"--~-_._..._---_.._....,-~ March 11, 2003 the St. Raphael, the 100 feet. But in actuality, it's just 50-foot. Furthermore, he shows the alignment as the building's all lined up perfectly well so that any change would really not be such an effect on either of the condominiums. But in reality, if you look at the bottom, this is more of what -- or less what the alignment should have shown if someone is submitting a schematic sketch to show setbacks. He should have shown a 50-foot setback, a setback that should have shown that the movement of this building over was going to obscure the view of the St. Raphael. So that's one area where we felt the developer was not honest and forthright in presenting information necessary for your planning people to make the correct determination. Next is a letter dated July 18th, 2001. The letter states, and I'll read, please find one set of approved plans for the above-referenced project. This is a letter from the division administrator for the Pelican Bay Services Division, our MSBTU. The problem with this is that this division administrator who at the time worked underneath the county manager was also employed by the developer. When this administrator received the plans, he sent this letter. Now, the approval-- we realize the approval-- when the plans are sent to Pelican Bay Services Division, it's only for water management. Nonetheless, the planning -- the services division gets an entire set of plans. At no time did the board have an opportunity to see these plans. Now, we, as members of the Pelican Bay Property Owners' Association, attend all these meetings, because things they do affect the community and we want to keep the community informed. When something like this is not brought before the board, we are denied an opportunity to review it and comment on it. If this was done correctly, we could have addressed this problem before it was approved. Unfortunately, due to the system of no public Page 24 March 11, 2003 hearings, we're just learning about this now. Now, this person is still the administrator for the service division and he is still involved in handling the affairs of the Cap d'Antibes, this man should have recused himself. He should have disqualified himself as being involved with this approval plan. It is similar to -- at this development, gave the plan to his employee and asked him to approve it. That's just wrong. I'm not saying that he did anything like that. But I've worked for the government for many years, and it is the appearance of this that has to be avoided. I'm now going to move on to section .0403. This deals with setbacks, which is at the core of the problem. Paragraph A clearly sets setback distances between a building and a property line. Paragraph B clearly sets distances between buildings in numbers. Very easy to understand. Paragraph C is the problem. In the case of clustered buildings with the common architectural theme, these distances may be less provided that a site plan is approved in accordance with section 2.05. These distances may be less. Less, they can go down to zero. Now, what distances is referred to here? Is it the distances in paragraph B or the distances in paragraph A and B? I maintain it's the distances in paragraph B, because paragraph A has to do with distances between buildings and property lines. Those setbacks from property lines are for the benefit and protection of the neighbor of the abutter. You don't change those. Those are only changed if the owner has loss of use of his land for some reason or other and he's going to suffer economic hardship. This developer is not suffering economic hardship that should entitle him to move that setback requirement. So it stands to reason, any -- any director knows what the reason is for a setback from a property line. You don't move it unless you have a public hearing and notification. In this case it was arbitrarily Page 25 March 11,2003 removed. I just want to go back to this diagram once more because the county is also involved in setbacks here. The county owns property to the west, owns property to the east, Pelican Bay Boulevard, and the mangroves. These are carefully kept at 100 feet or more. If the developer is going to observe your rights, I think he should also be concerned about our rights. This just gives you an example of the section that refers to __ that you can do this ifit's clustered. Now, when you cluster, you create open space. The Land Development Code clearly states that the open space created must be owned by the developer. Is that my CHAIRMAN HENNING: That's your time, sir. DR. RAIA: I'm sorry. I have a lot more, but I realize I'm limited. I'm going to leave you a packet of information, if I may. CHAIRMAN HENNING: Sure. MR. MUDD: You have a couple seconds to sum up. DR. RAIA: Well, we feel -- thank you. We feel that they're not observing the setback rules. Let me just get my sheet here and I can sum up real fast. The approval letter -- just the nature of the request for building setback reduction does not exceed the amount of the reduction granted to other similar projects within the PUD under the common architectural theme. Other similar project -- this is the first time that high-rise buildings have had their setbacks reduced to zero. Never before has that happened. This is the first time we're substituting buildings that are usually 215 feet in width with one building that's an eighth of a mile long. This is the first time these things are occurring. He says that he is responding because these things have happened in the past. They haven't happened in the past. Thank you. CHAIRMAN HENNING: Dr.-- Page 26 March 11, 2003 (Applause.) COMMISSIONER COLETTA: Wow, thank you. CHAIRMAN HENNING: Dr. Raia, I think there's two ways that this could he resolved -- is to have a dialogue with the developer, or there's another route that you might want to take -- is the official interpretation of the Land Development Code, which drives setbacks and other issues that you have brought up. I think it's improper for the board to make that determination. Prom what I read in the Land Development Code, the planning director needs to make that determination. So I think there's ways that resolution can be had in this case, and I understand your concerns. Commissioners? DR. RAIA: May I respond to that? CHAIRMAN HENNING: Sure. DR. RAIA: We are not against development. The developer can have his original plan. Weare even willing to discuss some modification, but definitely not a building 650-foot long and __ now as far as the director, the director at the time this was approved is no longer the director. He's working for a developer. Now, the new developer is going to -- will probably pass on this. The problem is that a Planning Commissioner is also a vice-president to this __ for this developer. CHAIRMAN HENNING: Sir, it has nothing to do with that. DR. RAIA: He's the consultant, sir, and -- there's just a conflict of interest there. CHAIRMAN HENNING: I don't think he was on the Planning Commission when this -- the Pelican Bay PUD __ DR. RAIA: No, he wasn't, definitely not, sir. CHAIRMAN HENNING: -- DR! -- okay. DR. RAIA: I don't want to imply that at all. But what I'm saying is that since then he has been appointed, he is a recognized Page 27 -...---,..._----~". March 11,2003 authority on the Land Development Code. The present staff knows that he is the person who submitted this plan, and he is an authority, and he is the person they asked for advice on things. Now they're going to evaluate his plan and I'm going to get a fair hearing in that? There's a problem there. CHAIRMAN HENNING: We have experts within community development that makes the determination on whether the Site Development Plan fits the DR! in this case. Commissioner Coyle? COMMISSIONER COYLE: Yeah, I think this is an important point. I understand the concern of the neighborhood about a commissioner who is in this position. But let me tell you something. I know Mark Strain personally, and he probably is one of the most unbiased, most objective people we've got on our county commission. He is a man I would trust to give you a fair and honest appraisal. Now, because you don't agree, that does not mean that you have the right to try to impugn Mark Strain's integrity here. And I understand that you're not going to say that, but essentially that's exactly what you're saying. But I have utmost confidence in him, and I think you've raised some good points, and I think they should be considered. And -- but let's leave the individual members of the commission out of it, because I have seen this particular commissioner vote against development issues time and time and time again, so -- you don't know him personally. DR. RAIA: I do. COMMISSIONER COYLE: Okay. I think -- DR. RAIA: No, and I agree with everything you're saying. COMMISSIONER COYLE: Okay. DR. RAIA: Except that he is the one that looked at this plan and told the developer that he believes it will pass the staffers. Now, Page 28 March 11, 2003 anybody -- I'm sorry. I lose a little stature for somebody who tries to squeeze in a building 650 feet long into Pelican Bay where it never existed before. COMMISSIONER COYLE: I understand. DR. RAIA: I know he's -- it's his job. He's working for somebody. The only other problem I have is ifI'm on the Planning Commission, I'm there on my time. This man is being paid by the developer. The developer wouldn't mind if he stays there 40 hours a week. CHAIRMAN HENNING: Sir, I'm not going to let this continue. I mean, the credibility of one of the planning commissioners is what you're attacking, and I will not put up with that. And like Commissioner Coyle, I think it's unfair. And I think what you're saying is, Mark Strain has, in your own words, I think, squeezed this development into -- into the setting. I think you have opportunities to sit down with the developer and work this out. DR. RAIA: I'm willing to. CHAIRMAN HENNING: Great. DR. RAIA: Absolutely. I agree 100 percent with that. CHAIRMAN HENNING: Great. And Commissioner Coletta wants -- has something to add. COMMISSIONER COLETTA: Thank you very much. I just want to go on the record. Mark Strain has been my selection for the Planning Commission, I don't regret my choice at all. This man have been above everything that came down. I've seen him make decisions that were very hard decisions. He's very methodical in what he does. And because he's an expert, I'm not going to fault him for that. He is an expert, he's recognized. And as far as I'm concerned, you know, I don't -_ I don't appreciate maligning his character in the way that it's happening. I know it's not direct, but it's direct enough that it can't do him any Page 29 ---"'------.--.-.- March 11,2003 good. DR. RAIA: It's not even indirect, and I take exception to that, I'm sorry. That's not my character to malign anybody. I'm making a statement of fact. And I'm not saying that he had anything to do with approving this plan. Absolutely not. And I'm just saying, what the problem now is that the people who do work with him and respect him are going to be asked to review, essentially, his plan. And I'm not maligning him. He has really nothing to do with that right now. It just happened. That's the way it is. So please don't say I'm maligning him, because I'm not. Personally, I've had lunch with him. I think he's a great person. I would enjoy working with him. CHAIRMAN HENNING: Commissioner-- DR. RAIA: But the fact is, we have a unique problem. CHAIRMAN HENNING: Commissioner Halas, and then Commissioner Coyle. COMMISSIONER HALAS: Mr. Raia, I know we've gone through this many times. We spent staff on this, many hours, going through a lot of this stuff, and I think the best recourse right now is that you -- that you and the people in Pelican Bay approach the builder there and see what recourse that maybe the builder and you, and along with the residents there, can open up some dialogue there. Because from what we can see, the county is basically -- stands fast in what was accomplished there because that was the laws at that particular time. And I think the best recourse of action is to work with the developer, and hopefully he can help you on -- in regards to your situation there. DR. RAIA: Well, I want to thank you, Commissioner, for the time that you always open your office to me. But I'm sorry, I just disagree that you have to have a closed opinion right now on this in Page 30 March 11, 2003 the light of presenting new evidence. CHAIRMAN HENNING: Thank you, sir. You may sit down. Commissioner Coyle? COMMISSIONER COYLE: Yeah. 1-- (Applause.) COMMISSIONER COYLE: I just wanted to say to you that -- Dr. Raia? DR. RAIA: Yes, sir. COMMISSIONER COYLE: I just wanted to say to you that I think that you have made a good point with respect to the clustering issue. I would like to learn more about it. I'm going to learn more about it. And I wonder if we could serve as a facilitator for the residents meeting with the developer to discuss these issues. I think it's an issue that needs to be discussed, and I need to learn more about it because I think you've raised a good point, so if you could -- (Applause.) COMMISSIONER COYLE: That doesn't mean that I'm going to vote to overturn this, okay? DR. RAIA: No, no, absolutely not. COMMISSIONER COYLE: But it's worth investigating, and it's worth investigating with the developer, as Commissioner Henning has suggested. And I'm just asking if -- from the legal counsel, if it would be proper that we would serve as a facilitator to get this dialogue started. MR. WEIGEL: Okay. Well, for clarity, if you're asking if you might serve as just a facilitator for your own edification as opposed to a board collective directive or approval here, I think that's less pro b lematical. As Chairman Henning indicated early on, this petitioner today, Dr. Raia, and any others similarly situated, have the opportunity to corne eventually, potentially, corne back before this board where the board would have to review very carefully an interpretation if they Page 31 March 11, 2003 officially asked for an interpretation from the planning director, which is different now than the planning director in place two years ago. So I think if you, as an individual, who happens to be on the commission wish to review and to some degree facilitate the process of communication, I don't think that's problematical. County attorney will keep you advised as well as the board advised if and when there are further proceedings to be had back in this boardroom if the petitioner proceeds through the procedures that are available to them or not, to bring it back forward. So yes, you may. COMMISSIONER COYLE: Well, actually my question was somewhat different. I'm very reluctant to start stepping into Commissioner Halas's turf and start trying to facilitate something that concerns his district. I really don't want to do that, Commissioner Halas. But I was wondering if it would be proper if the attorney's office could somehow facilitate it, but you're telling me probably not in view of the fact this thing might turn into some kind of legal dispute? MR. WEIGEL: That's exactly right. And if they should, in fact, go the legal interpretation route, which is procedurally available to a -- in this case petitioner, on these land use circumstances, the county attorney actually will be involved in reviewing the opinion of the planning director prior to it becoming final. So I think we all will be careful here. That doesn't mean we can't have dialogue from the staff standpoint or the county attorney standpoint, ask and answer questions to the best of our ability. But I think there are some limitations as to our participation at this point. COMMISSIONER COYLE: Okay. Commissioner Henning has also recommended another course of action for the petitioners, and that is to ask for an official interpretation. MR. WEIGEL: That's what I was referring as well. COMMISSIONER COYLE: Okay. And I just wanted to make Page 32 -_.'_.""-"-__..._.__.,_.,,>o..,_..,_..,~. March 11,2003 sure that they understood what Commissioner Henning was proposing for you. It would be beneficial for you to do that __ DR. RAIA: Appreciate that. COMMISSIONER COYLE: -- to request an official interpretation, and by all means sit down with the developers and discuss some of these issues. DR. RAIA: I certainly will. COMMISSIONER COYLE: Our experience has been that many times developers are willing to compromise on issues. DR. RAIA: We're willing to compromise also. I appreciate that. I just wanted the board to know, my name, phone number is in there, if anybody wants to contact me personally, individually. I also want you to know that I've been on the planning board for 10 years, Zoning Board of Appeal for three years. I'm not a novice at looking at records and plans. Thank you. CHAIRMAN HENNING: Thank you. COMMISSIONER HALAS: Thank you very much. CHAIRMAN HENNING: Next petition __ (Applause. ) Item #6B PUBLIC PETITION BY MR. GREGORY C. CARDAMONE TO WAIVE IMPACT FEES FOR THE AG WAREHOUSE AND CHAIRMAN HENNING: Next public petition is requested by Gregory Cardamone to waive impact fees for the Ag Warehouse and Packing Plant in lmmokalee. Sir, I'm sure I -- if you want to state your name for the record so we have it correct. MR. CARDAMONE: Yes. My name is Greg Cardamone, and I'm with Property and Construction Management out of Raleigh, Page 33 -. _.".,,_.__._---,~_.,.. -----.-.--~---,.-,~.."~'_..__m.__.._...~"._..,,.,o._.._^ .' __...__~.___ March 11, 2003 North Carolina, and I'd like to thank you for extending the time to me today to talk to you about the impact fees on our project in Immokalee. Ag Warehouse and Packing -_ CHAIRMAN HENNING: Just a minute. Folks, if you could exit the room quietly, we would appreciate it. Thank you. Please. MR. CARDAMONE: Okay. Ag Warehouse and Packing has a sister company called L&M Companies, Incorporated, both are out of Raleigh, North Carolina. They specialize in buying produce from farmers, packaging it, warehousing it for a short amount of time, and then shipping it to supermarket chains for food distributors. Ag Warehouse and Packing, as indicated earlier, has a facility such as that in Immokalee. Last year we started a proj ect for a 15,000 square foot open shed expansion in Immokalee. We had the designs done, we had the engineering performed, we had ordered the steel for the building, we had contracted with general contractors and some other contractors, and we were prepared to submit our permits when we learned that the impact fees for our building were going to be $70,000. Now, to put that in reference for you for the entire proj ect, the steel for the building was going to cost $33,000. The concrete slab and block work was a little over $50,000. So as you can see, the impact fees were quite a substantial portion of what our project was going to be. Also, along those time frames, as we were doing all this, we were talking about even expanding our expansion even further, as we had some new business opportunities come up. So if we do work something out, I wanted to be up-front that, you know, the expansion proj ect may be larger than 15,000 square feet. We understand that the commission has worked hard in Page 34 ,.------,~_.._.._._,.."..,,_..__...._..M._.'_".. March 11,2003 Immokalee to set up a -- some economical development. They've been in contact and worked closely with us. We appreciate that. There's been some downtown beautification that has gone on down there. But I think we all know that Immokalee is not experiencing the type of growth that other coastal communities are, and they don't have quite the same structural problems that communities such as Naples would have. And so that's why we were concerned that the impact fees might affect the great work that has been done in Immokalee and actually maybe even reverse some of that work. We also understand that there's some studying going on on the impact fees and the effect they're having on lmmokalee. Our problem is, is that given the design time, the permitting time, and the construction time and the fact that our proj ect needs to be completed by the end of the year, we are running out of time. So although there is -- there is some conversation between the staff and the EDC and the commissioners, we just can't afford to wait much longer. We've put off this season. We're doing some packing at the Immokalee Farmers' Market, but we really cannot wait another year. So we are respectfully requesting that you waive the impact fees for our agricultural facility in Immokalee for several reasons. First of all, we're working off a very small growth margin in the produce industry, and so $70,000 takes a tremendous amount of time to make back up. Secondly, our competitors could move to a neighboring county not very far away and not pay any impact fees, and that's a concern. And third, the EDC estimates that our direct economic impact will be $2,349,000 to the community of Immokalee, and that the direct employment impact will be 20 jobs and the indirect employment will be 24 jobs. So we feel like the project is a substantial increase to the economic development of Immokalee, and Page 35 March 11, 2003 we would like for you to consider waiving impact fees for our proj ect. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: I appreciate you corning here today. Regrettably, even if this commission was in total agreement and they could make exceptions, the only thing they could do is refer it to staff, and the process would be long. At the Wednesday meeting -- is that correct, Mr. Mudd? MR. MUDD: Yes, sir. COMMISSIONER COLETTA: We're going to be talking about these economic incentives that we're coming up with. And I seen the package, and it's quite attractive. If -- I would urge you to please come back on Wednesday and sit through that part of the process and see what we can do to implement that, maybe offer your expertise and your direction. Now, you're not the first person that I've heard from from Immokalee that's missed out on an opportunity. I would like to talk to you about some alternatives in the meantime that you might be able to hold your own for where you are until we get something in place. MR. CARDAMONE: Okay. COMMISSIONER COLETTA: I do know that trying to make special exception for one -- one business would be extremely difficult at this point in time. I do appreciate and I encourage you to come out today, because I wanted to get the message across one more time so it isn't lost to my fellow commissioners, the staff and public, but there is considerable amount of work heading in the direction -- much of what you're talking about. I don't think we're ever going to see the point where impact fees will be totally eliminated in Immokalee, but there are some extremely interesting incentives that will be coming back to us on Wednesday. And, please, try to make it back then and Page 36 March 11, 2003 take part in the discussion. MR. CARDAMONE: Okay. Thank you. CHAIRMAN HENNING: Thank you. Item #10E REQUEST BY THE BLACK AFFAIRS ADVISORY BOARD TO SUPPORT THE NAME OF DR. MARTIN LUTHER KING, JR. ELEMENTARY SCHOOL LOCATED AT 4095 18TH AVENUE NE, NAPLES, FL - STAFF TO FORWARD RECOMMENDATION BACK TO THE COLLIER COUNTY, FLORIDA SCHOOL BOARD - AEEROVED CHAIRMAN HENNING: Next item, we have a 10 o'clock time certain. We're only a minute away, so why don't we go to that one. That one is 10(E), approval of request by the Black Advisory Affair (sic) Board, that the board adopts a resolution supporting the name Dr. Martin Luther King, Jr. Elementary School located -- 18th Avenue Northeast. John Dunnuck? MR. DUNNUCK: Good morning, Commissioners. I'm just going to play the role of the officer this morning. I'd like to introduce Marian Thompson, who is your chairwoman of the Black Affairs Advisory Board, who will make the presentation. CHAIRMAN HENNING: Thank you. MS. THOMPSON: Good morning, I'm Marian Thompson, the chairwoman of the Black Advisory Affairs Board, and I'm here today to ask you to adopt a resolution in support of retaining the name of the Dr. Martin Luther King, Jr. Elementary School. We realize this is a school board issue, but your charge to our board is to bring you issues that are unique to the black community. We feel that the name of the school in honor of Dr. King is very Page 37 March 11,2003 important to our community. We feel that there is a great deal of racial discrimination in Collier County, and we saw the naming of the school as a step towards easing that discrimination, and we were very hopeful when this happened, but now they are considering renaming the school, and our community is quite downheartened (phonetic) by this action. We feel as though Martin Luther King was a man who dedicated his life to equality for all people. He was a Noble Peace Prize winner, and his stature is well known to all. We endorse the renaming of -- the retaining the name of the school of Dr. Martin Luther King as a means of keeping his dream alive; therefore, we are requesting that you, the Board of County Commissioners, adopt a resolution which outlines its support for retaining the name of the school. I thank you very much. CHAIRMAN HENNING: Thank you. Commissioners? My perspective, Dr. Martin Luther King was about education, equal education for all; therefore, if we're going to name a school after Dr. Martin Luther King, we should name them all after Dr. Martin Luther King, or my perspective is, one of the school board members recommended the administration -- naming the administration after the building -- administration center after Dr. Martin Luther King. But you know, I don't know if the commissioners want to get involved in school board issues or not. But anyways, that's my perspective. Commissioner Coyle? COMMISSIONER COYLE: I'd like to understand where the school board is with this. COMMISSIONER HALAS: Yes. COMMISSIONER COYLE: I think it is extremely disconcerting to people in the community that someone make a Page 38 March 11, 2003 decision to do it one way and then decide later they're not going to do it. I think that causes more conflict than it's worth. But I'd appreciate it if somebody could tell me where the school board is with this. What is their decision-making process? Are they going to have a public hearing on this soon? MS. THOMPSON: Yes. They're going to have a public hearing on Thursday on the issue of renaming the schools. COMMISSIONER COYLE: Okay. Let me give you my perspective on this. And this is not an issue that -- the school is not located in District 4. But I think we should establish some kind of consistent naming procedure in Collier County, and I think we should generally recognize people who are local, who are well known and commemorate their memory. But once a decision was made to make -- to name this school Martin Luther King, I think the school board should have stuck with it. But I don't know how that's going to go, but those are my personal sentiments. But I certainly would -- would be willing to support an action of forwarding the request to the school board for action in an encouragement in the future that they give consideration to a standard, consistent naming process for the schools, either name them for the community they're in or something -- and that will solve some of these problems of people debating about whether or not it should be Martin Luther King or something else. But so that's where I am on this issue. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: No, Commissioner Halas -- CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: I commend the stand that Commissioner Coyle takes, and I feel the same way, that I believe that this is -- the reason that we elect a school board is for the school board to take action on something of this nature, and I feel that we just should forward this recommendation back to the school board. Page 39 March 11,2003 CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: I'm in agreement about moving the recommendation. I very much appreciate the Black Affairs Advisory Board taking a position, and it's great that they're bringing it to us, and I think we ought to take their suggestion that they have, but forward the suggestion, forward it to the school board for their action, because we do elect the school board members to represent us on school board matters, and I'm a little bit hesitant about jumping in front of them on this and saying, you will do this or you won't do that. I know I would resent it very much if all of a sudden I got a directive from the school board saying, you know what, we really don't like your plans for the roads. We want you to overturn it and go back and do this, or possibly the location of a park is totally wrong. We like to have their input when it's taking place maybe. But once a decision's made, it should be theirs in their domain. But I do believe -- and I would recommend that we follow Commissioner Coyle's advice to move this recommendation on to the school board as the Black Affairs Advisory Board's recommendation. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes. And, of course, I wouldn't be -- I agree with Commissioner Coyle also. I would hope that maybe this -- the school system would think of -- as they did, they took a poll of the children and they got their input, and then they didn't follow the input. And I like the idea of letting people know where the school is located, like Lely or Lake Park or whatever so you know where the schools are located. But for this particular instance -- and I guess we can't tell them to do that. But somebody was making a suggestion here that possibly we could encourage them to, you know, not get into this predicament again. But I agree with forwarding this with the recommendation. Page 40 March 11, 2003 CHAIRMAN HENNING: So what I'm hearing is you want to move this resolution? Is that what I'm hearing from the board? COMMISSIONER COLETTA: With the recommendations of the black advisory board, move them on to the school board for their consideration. CHAIRMAN HENNING: Okay. I'll entertain a motion. COMMISSIONER COLETTA: I'll make the motion then. COMMISSIONER HALAS: I'll second it. CHAIRMAN HENNING: There's a motion made by Commissioner Coletta, second by Commissioner Halas, to move this resolution -- forward this resolution? No? MR. WEIGEL: Mr. Chairman, this resolution is prepared for the Board of County Commissioners. If I understand correctly, the discussion and direction may be for the Black Affairs Advisory Board, considerations and concerns in this regard, be forwarded by this board to the school board and that the board is -- this board itself is not taking a position through its resolution to do so. If that makes the record clear in regard to the action you're discussing right now. CHAIRMAN HENNING: Correct. COMMISSIONER HALAS: That's correct. CHAIRMAN HENNING: Is that correct, Commissioner Coletta? COMMISSIONER COLETTA: The only part I've got concerned is -- is the last phrasing of that statement you just made, that what we're doing is we're moving the recommendation on to them as it is. We're not saying that we're opposed to it or for it. I don't want to leave any -- MR. WEIGEL: Correct. Yes, I understand. COMMISSIONER COLETTA: -- misapprehensions about which direction we're going in. MR. WEIGEL: I think if the board goes forward as you're discussing right now, a document different than this resolution as it Page 41 March 11, 2003 appears in the agenda book will be created and transmitted. You will not be adopting a resolution of the Board of County Commissioners to do so. And I hope that correctly states what appears to be the discussion here and synthesized it so that we, as staff, county manager and county attorney, will assist the Black Affairs Advisory Board at your direction to have a transmittal to the school board. COMMISSIONER HALAS: That's correct. COMMISSIONER COLETTA: That would be my motion. CHAIRMAN HENNING: Great. Any-- COMMISSIONER HALAS: I still second that. CHAIRMAN HENNING: Thank you, Commissioner Halas. Any further discussion? (No response.) CHAIRMAN HENNING: Seeing none, all in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries, 5-0. Thank you. MS. THOMPSON: Thank you. CHAIRMAN HENNING: Next item -- we've got to skip these time certains -- is item 1 O( C), if I'm correct. MR. MUDD: Commissioner, we go to Item 9. CHAIRMAN HENNING: Oh, let's go -- yeah, let's go to 9. We get through those fairly quick. Item #9 A Page 42 March 11,2003 RESOLUTION 2003-112 RE: APPOINTMENT OF THOMAS E. FINN TO THE BA YSHOREI A V ALON BEAUTIFICATION MSTU 9(A) is an appointment of member to the Bayshorel Avalon Beautification MSTU. Commissioner Fiala's getting to her place. COMMISSIONER FIALA: Slowly. CHAIRMAN HENNING: I'm looking for Commissioner Coyle. COMMISSIONER FIALA: I'd like to make a motion -- COMMISSIONER COYLE: Make a motion, yeah, okay, go ahead. COMMISSIONER FIALA: -- that we accept Thomas Finn as -- who has been recommended by the committee as the member to fill the Bayshorel Avalon MSTU Advisory Committee. COMMISSIONER COYLE: Second. CHAIRMAN HENNING: There's a motion by Commissioner Fiala, second by Commissioner Coyle. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. Commissioner Coyle: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries, 5-0. Item #9B Page 43 March 11, 2003 RESOLUTION 2003-113 RE: APPOINTMENT OF PATRICIA SPENCER TO THE GOLDEN GATE BEAUTIFICATION Next one is appoint a member to the Golden Gate Beautification Advisory Committee, and I make a motion that we accept Patricia Spencer. COMMISSIONER HALAS: I second it. CHAIRMAN HENNING: Motion made by Commissioner Henning, second by Commissioner Halas. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. Commissioner Coyle: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Motion carries, 5-0. Item #9C RESOLUTION 2003-114 RE: APPOINTMENT OF JOHN W. THOMPSON TO THE HISTORICAL/ARCHAEOLOGICAL Next is to appoint members to the historical ecological (sic) preservation board. COMMISSIONER HALAS: I make -- MS. FILSON: Commissioner, Chairman, if I may, the committee has recommended Mr. John W. Thompson. Ifhe, indeed, is the one appointed, you'll have to waive section 7(B) of2001-55. He has served two terms. CHAIRMAN HENNING: Okay. Commissioner Halas? Page 44 March 11, 2003 COMMISSIONER HALAS: I make a motion that we reappoint John W. Thompson to that board. COMMISSIONER FIALA: And I'll second that. MS. FILSON: With the waiver? COMMISSIONER HALAS: And I will waive the extension so that he can continue on. COMMISSIONER FIALA: With my second. COMMISSIONER HALAS: Okay. CHAIRMAN HENNING: The motion by Commissioner Halas, second by Commissioner Fiala. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries, 5-0. Item #9D RESOLUTION 2003-115 RE: RE-APPOINTMENT OF SHARON K. TIMS TO THE IMMOKALEE BEAUTIFICATION MSTU Next one is appoint members to the Immokalee Beautification MSTU. COMMISSIONER COLETTA: I make a motion that we reappoint Sharon Tims. COMMISSIONER FIALA: And I'll second that. CHAIRMAN HENNING: There's a motion by Commissioner Page 45 March 11, 2003 Coletta, second by Commissioner Fiala. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. Commissioner Coyle: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries, 5-0. Item #9E RESOLUTION 2003-116 RE: APPOINTMENT OF MEMBERS TO THE TOURIST DEVELOPMENT COUNCIL: DAVID LOVING, REPRESENTING EVERGLADES CITY; ROBERT J. DICTOR, REPRESENTING OWNER/OPERATOR; AND RE- APPOINTMENT OF H. KENT STANNER, REPRESENTING AD HOC A DYI.S.OR - A Dill.IED We're going to appoint three members, one representing one owner/operator, one representing Everglades City, and one representing the Ad Hoc Advisory (sic) with the terms commencing on April 21st, '03, expiring April 21st, '06, on the Tourist Development Council. COMMISSIONER FIALA: I'd like to make a motion that we -- we appoint David Loving, Robert Dictor, and Kent Stanner. I read his -- boy, did he have an impressive background with tourism, and I thought, oh, my goodness, as we form this committee, that's going to be vital. So I don't know the gentleman. MS. FILSON: He's a reappointment, Commissioner. COMMISSIONER FIALA: Pardon me? Page 46 March 11,2003 MS. FILSON: He's on the committee now. That will be a reappointment. COMMISSIONER FIALA: Okay. MS. FILSON: Mr. Stanner. COMMISSIONER FIALA: I'd like to nominate those three. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Yeah. Well, I was kind of hoping I might be able to get in consideration for Ann Olesky, who's done an awful lot for the area and been one heck of a promotor. She's out there, continuously been involved with everything from the Chamber of Commerce right on through to -- I'd like to give consideration for her name also. CHAIRMAN HENNING: As? COMMISSIONER COLETTA: As the ad hoc advisor. CHAIRMAN HENNING: Okay. MS. FILSON: And if I may make one more comment. Ann Olesky, if appointed, currently serves on two boards, so you'll have to waive that section of the ordinance as well. COMMISSIONER COLETTA: I'd be willing to do that, but there's still a motion from Commissioner -- COMMISSIONER FIALA: Well, if -- I would certainly bow to your -- COMMISSIONER COLETTA: I thank you so much, Commissioner Fiala. COMMISSIONER FIALA: Yes. And she's a wonderful person. COMMISSIONER COLETTA: I think she'd be a positive addition. COMMISSIONER FIALA: Yeah. I'll withdraw Kent Stanner and add Ann Olesky. COMMISSIONER COLETTA: And I'll second your motion. CHAIRMAN HENNING: Commissioner Coyle? Page 47 March 11, 2003 COMMISSIONER COYLE: Just so that you understand the implications there. I know that Ann Olesky has done a lot for the area, but Kent Starmer is an existing member of the board. You're essentially saying that you don't want Kent Stanner on the board anymore. You're going to replace him with somebody else. COMMISSIONER FIALA: Well, I don't-- COMMISSIONER COYLE: I don't -- I don't know that -- if that's what you want to do. I would recommend against it, and I would recommend that Kent Stanner continue to be the ad hoc advisor. But nevertheless, the motion is on the floor. COMMISSIONER FIALA: He did have impressive credentials. COMMISSIONER COYLE: Yeah. COMMISSIONER FIALA: That's why I nominated him, and yet I hate to -- I hate to -- CHAIRMAN HENNING: Let's vote on the motion, see if it flies. COMMISSIONER FIALA: Okay. CHAIRMAN HENNING: Does anybody have any qualms about that? COMMISSIONER HALAS: I was just going to add that I looked also at Kent Stanner's credentials, and I was very much impressed with this -- what this gentleman's been doing in the community. COMMISSIONER FIALA: Yeah. COMMISSIONER HALAS: And I think that David Loving is also another good person, and I believe that Ann Olesky is. That's kind of what my feeling is on this. But, of course, we'll have to wait and see how this all thrashes out. CHAIRMAN HENNING: Correct. Commissioner -- COMMISSIONER COYLE: Can I just point out, we can't have Kent Stanner and Ann Olesky both. We have to choose between Page 48 March 11, 2003 them because they're both being appointed to the same position, the ad hoc advisor. So just so there's no confusion with respect to the vote on the motion, we must -- we must choose between Kent Stanner and Ann Olesky on this issue. CHAIRMAN HENNING: So there's a motion by Commissioner Fiala, second by Commissioner Coletta. All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. CHAIRMAN HENNING: Motion fails, 2-3. 1'd entertain another motion. COMMISSIONER COLETTA: I'd make a motion that we go with David Loving, Kent Stanner, and -- I don't have my glasses on. Who was the other -- Dick -- CHAIRMAN HENNING: Robert Dictor. COMMISSIONER COLETTA: Yeah. CHAIRMAN HENNING: There's a motion on the floor. Is there a second? COMMISSIONER FIALA: Second to that. CHAIRMAN HENNING: There's a motion by Commissioner Coletta, second by Commissioner Fiala. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? Page 49 March 11, 2003 (N 0 response.) CHAIRMAN HENNING: Motion carries, 5-0. Good work. Item #9F DISCUSSION REGARDING PROCUREMENT AND CONTRACT REVIEWS BY THE CLERK OF COURTS - REQUEST THAT DWIGHT E. BROCK AND/OR REPRESENTATIVE ATTEND BCC MEETINGS/WORKSHOPS; BE A PART OF PROCUREMENT BOARD AND REVIEW CONTRACT AWARD PROCESS; CONTRACTS TO BE REVISED TO SUBMIT ALL DOCUMENTATION IN ORDER FOR CLERK TO REVIEW Next item is -- now we're going to item 10, right? MS. FILSON: 9(G), it's an add on. CHAIRMAN HENNING: 9(G) is an add on. I'm sorry. MR. MUDD: Are we talking 9(F)? COMMISSIONER COYLE: Yeah. What are you going to do with 9(F)? MS. FILSON: Oh, I'm sorry. COMMISSIONER FIALA: We're going to skip that one. CHAIRMAN HENNING: That, for some reason, is not in my -- COMMISSIONER COLETTA: It's not in mine either. COMMISSIONER COYLE: It's on the agenda. There was no backup material. CHAIRMAN HENNING: Can you assist me, county manager? You said 9(F)? MR. MUDD: 9(F), sir. Commissioner Coyle had made a request that there be some discussion regarding procurement contract reviews by the clerk of courts on this particular item, and what we Page 50 March 11, 2003 had relayed was he didn't want to have the board be in a position where they were two weeks ago with the clerk, and he wanted to make sure that there were -- there were actions and checks and balances that were in the works and -- as far as change was concerned so that we could head those particular disagreements off before they become disagreements so that we could get those invoices squared away prior to that time. I think I pretty basically captured the particular item as Commissioner Coy Ie had relayed it to me. COMMISSIONER COYLE: If I could, Mr. Chairman. CHAIRMAN HENNING: Thank you. COMMISSIONER COYLE: Yeah. That essentially is it, and I'm sure, reasonably sure at least, that the clerk would not obj ect to trying to deal with these things at the time the decisions are made rather than deal with them retroactively, in this case, almost two years after the decision was made. That particular disagreement between the two organizations had the potential for being very costly to the citizens of Collier County, and that -- it's my belief that the clerk's concerns have now been allayed and everything is okay with that. But I believe that when we have a problem, we not only solve the problem, but we try to take some action to keep it from occurring again in the future. So there are a series of actions I'd like to consider -- the board to consider, and these are mostly requests of staff and requests of the clerk. The first is that Commissioner Coletta has in the past suggested that the clerk be part of this board. And certainly, I believe, had the clerk been part of this board at the time that the decision was made to declare an e.mergency two years ago for the water sewer facility plant, that there might well have been some detection of the problem at the time, and if there was a disagreement, we could have resolved it at that time rather than getting into a dispute about it two years Page 51 March 11,2003 later. But it goes beyond that. There are ongoing problems with respect to procurement and contract awards and billing verifications. And I -- and many of those are valid concerns, and I think that what we need to do is to take some action to see if we can't solve these problems before they become a crisis. And I would suggest that we have a clerk's representative involved in the procurement process and the contract award process for the purpose of determining the legality of the actions and the fairness of the actions, because the clerk's perspective is somewhat unique as the auditor for the county. He views these things slightly differently than we do, and that's good. We need to have that viewpoint early in the process. And then finally, I would -- I would recommend that we -- we revise our contracts in a way that requires any contractor to submit all the necessary backup information essential for the clerk to review the accuracy and completeness of any billing prior to the time the bill is paid. This does not mean that we'll -- we can eliminate audits after the fact. They'll always be necessary. But it is far easier in my experience to audit something up front than it is to do it at the end and try to get it cleaned up and corrected. So we should place the responsibility on the contractors to provide the clerk with the sufficient information to permit that to be done at the time they submit the bill. So in summary, there are three things I'm suggesting. Number one is that we ask the clerk to be a part of this meeting, to attend the meeting to address any concerns about the legality of actions being taken by the Board of County Commissioners at the time those decisions are being made. Secondly, that a clerk's representative be placed on our procurement board and that they review the contract award process. Page 52 March 11,2003 And thirdly, that we change our contracts to require that all contractors submit all supporting documentation necessary to verify the accuracy and completeness of the bill before it is paid. So that's the essence of my suggestion. CHAIRMAN HENNING: Commissioner Coyle, I think that we can ask the clerk if he would provide a staff member to the procurement process. COMMISSIONER COYLE: Yes, yes. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: I was going to say I agree. I'm glad that you elaborated on my original idea and added some real substance to it. I do appreciate that. I might also include the fact that there's numerous workshops that corne up that would have a direct bearing on future decisions, and I would like to see that those workshops that -- would have the clerk's input also so that we can make our decisions well in advance with the clerk's input or his office input. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes, I totally -- CHAIRMAN HENNING: I'll just go right down the line. COMMISSIONER FIALA: Okay. I totally agree. I'm delighted to see them here today, and I feel much more confident if they're sitting here working with us beforehand during the procurement process and the invoicing process. And I think it's going to help us along. As commissioners, we -- we have this put before us as a vote, yet we don't know all of the things that have already happened to get us here, and so I really appreciate both your suggestions, Commissioner Coletta and Commissioner Coy Ie, to make this happen, and I'm delighted to see Jim Mitchell and Dwight Brock here today. Thank you. CHAIRMAN HENNING: Commissioner Halas? Page 53 March 11,2003 COMMISSIONER HALAS: Yes. I think that -- I think this also addresses to the community that the Clerk of the Court and the county's commissioners are trying to work together and resolve the issues that have been -- that have corne before us in the past. And I believe that in order to make government more effective and more efficient, that we need to have a great marriage between these two organizations to -- whereby we can work together and address these issues before they become big problems. And I think it's only -- it benefits not only the two organizations that are trying to work together, but also all the people in Collier County here, and I think that's who we're trying to address is the constituents here in Collier County. Thank you very much for showing up here today. CHAIRMAN HENNING: Jim Mitchell, the clerk's financial director. MR. MITCHELL: Although I'm not the clerk, I think I speak for him when I say that we are definitely in favor of improving government, making government better. And the things that Commissioner Coy Ie has put on -- out there, we agree with. The only thing that we have to be careful of is that we do not cross that line of independence. But let me give you a little background of some things that are already happening. Under the direction of Jim Mudd, we're already participating in a committee that's looking at the entire procurement process. Everything down from the contracts themselves, the verbiage in the contracts, to how they're actually let, and we appreciate that. Mr. Mudd has also started including us in his division staff meetings where we basically address everything that's in the agenda packages. So I think a lot of the things that are already happening are going to address some of the issues that you have on the table. You Page 54 March 11, 2003 know, we look forward to that. We want to definitely make this marriage work, so we certainly appreciate what Mr. Mudd has done, and we look forward to working with you guys. COMMISSIONER HALAS: Thank you. MR. MUDD: Commissioner, if I could -- we went all the way CHAIRMAN HENNING: Commissioner (sic) Mudd? MR. MUDD: If I could -- if I could just pipe in for a second. One of the other things that the clerk has done is he has a contract section. And one of the things that Commissioner Coyle had mentioned as far as a clerk rep. on the procurement board, he -- the clerk has representation on our strategic plan for contracts, and that -- this document right here that I'll put up, and that's basically their game plan that we have to get at the contracts because we know it's a big issue, and he and his representative is thoroughly involved in that process with us. The contract section that the Clerk of Courts, Mr. Brock, has instituted here over the last couple of months is involved in looking at our contracts and trying to look at the invoices to make sure and get at the heart of the matter. Now, we have to change our contract language a little bit to get the contractor to give us the invoices backup documentation from subs and whatnot so that we don't have to go through an official audit, and we need to get at that. We know -- we'll make that change as fast as we can after we get legal review to make sure that we haven't violated somebody's rights. But I don't think we'll have a problem with that, but I think that's a needed change that we need to put in there. Right now we have contract language that says the clerk has the right to audit the contract at any time during the contract term and even after the contract has ended. We have found that reviewing the contract at the end is a very difficult process, especially when you get Page 55 March 11, 2003 contracts that are in the multi million dollar range and those kind of increments. And those are very difficult to go back and recreate every -- every movement, every decision that's made, and it's time-consuming, and I think we've -- both agencies have corne to that conclusion, and we've -- we've chose to try to get at that early on so that we don't get ourselves at the end. Because I will tell you, what you finally recover at the end versus the time that you put in, it's probably a 3-to-l ratio; you get a dollar back for every three dollars that you put in there trying to find it. That's not a good return on investment, and we definitely need to get better and I think we'll do that. The other piece I would -- I would ask the board to consider is, I would also say that we have to be appreciative of the clerk's -- of the clerk's time, and Mr. Mitchell sat through some things today already and Dwight did that don't really get at the heart of their business and their function. And I would ask the board that -- if we could consider the clerk -- the clerk will always have a seat there. His name is on the front. He'll be at that dais for those issues. But at the beginning of the meeting, for instance, when we did the consent agenda today, if the chair or the representatives of the board could look over to the board and say, do you have any issues with the consent agenda and -- as far as payments or whatever, and -- because it went kind of by that today and it was a little cumbersome. But to ask if -- and basically get, no, we don't have an issue from the clerk's side of the house, and then give the clerk an opportunity after the agenda time as it's being developed, do you have issues based on what's represented on the regular agenda, and maybe we can have the clerk -- COMMISSIONER HALAS: Time certain. MR. MUDD: -- bust out of here early enough, but you still Page 56 March 11, 2003 have his comments on the record and his review up front of your documents. And then if an item is of a controversial nature as it comes up, I can give him a call or he can see it on his monitor and corne back over here and become part of that discussion. And I think we can, at that particular juncture, get what we want accomplished be good stewards of his time and taxpayers' dollars, ultimately. COMMISSIONER HALAS: Yep. MR. MUDD: That's all I have to say, sir. CHAIRMAN HENNING: Thanks. COMMISSIONER HALAS: I agree. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Yeah. A couple points. I want to make sure that there's an understanding that there's a difference between the process and the execution, that there's discussion about us working to develop a better process. The point is, we've got a process right now and sometimes we are not following the process. We need somebody who is going to recognize that and alert us if we are not following policy. And I think we have determined a number of issues in the past where things didn't go exactly the way they should have according to our policy. So I'd like to make sure that we separate the issue of jointly establishing a policy from the actual participation and decision-making process. And I think that's very important, particularly in the competitive procurement process. The other thing is that I believe that it's very difficult for us or the clerk to determine where the clerk might best have to participate. It could be in a development agreement that we're sitting here discussing with a developer, it could be an impact fee collections, it could be a procurement decision, it could be a contract award decision, it could be a decision whether or not we were going to provide a refund of an impact fee that was overpaid. There are a whole host of issues that have to be viewed not only Page 57 March 11,2003 from the standpoint of the board but also from the standpoint of the clerk. And I do believe that they -- there are things that we can do to minimize the commitment of the clerk's time. But my personal feeling is that time committed to this particular function will save us all a lot of time later on, and I think it's well worth -- COMMISSIONER HALAS: I agree. COMMISSIONER COYLE: -- I mean, it's time well spent. I do not propose that we drag the clerk through all the proclamations and all the other things that we have to do that take up a lot of time. But I really do believe, and we can arrange the agenda in this way is, perhaps, that the meat of the entire board meeting should be reviewed by the clerk, and he would be in a position to advise us if he has any concerns about the legality of what we are doing or whatever. So basically, those are my two concerns. I would urge you not to try to scrimp on time for review, because I think time for review up front is far better spent than time for review on the back end. CHAIRMAN HENNING: Okay. Do we have sufficient direction to the county manager? Commissioner Coletta? COMMISSIONER COLETTA: Just one more time. I want to emphasize what Commissioner Coyle just said. I also, too, even though I don't think it's necessary to be here for the proclamations and the awards that corne at the beginning, I really would appreciate the clerk's presence or his designee for as much of the meeting as possible because the subjects as so complex. You never know which direction they're going to go. CHAIRMAN HENNING: I think what Commissioner Coyle stated is the items that the clerk has concerns or issues with is to be there for those items and not through the whole meeting. COMMISSIONER COLETTA: Well, I just -- just concerned that we may be touching on other avenues when we start to got into Page 58 March 11,2003 discussion where the clerk's input would be very valuable, so I leave it to be -- remain to be seen what's going to happen. We can modify the schedule to work for everybody as we get into it. I'm just -- I'm just as pleased as anything that we reached this point where we seem to have a working model that's going to make a big difference in the future. I don't want to dilute it too soon so that all of a sudden we've found that we put something together and then it immediately disassembles to the point that we've got a gaping hole, so -- but I'm sure we'll do the right thing. CHAIRMAN HENNING: And just to remind everybody, the clerk is an elected official that doesn't take direction from the board, and what his representative said today is, we want to work together for a better government. Commissioner Fiala? COMMISSIONER FIALA: Oh, I was just going to ask for comments from Jim Mitchell. CHAIRMAN HENNING: Yes. MR. MITCHELL: As I stated before, we certainly appreciate the opportunity to work with you guys. Our main focus is to ensure that the clerk does his constitutional duties. And I think that working with this board and with the county manager's office, we can definitely accomplish that. As far as attendance in the meetings, I'm -- I don't think the clerk would have a problem with either he or his designee being here. We've got to look at this thing from the standpoint, we've got to learn to walk before we can run. So if that means that we need to be here and attend these meetings in their entity at the beginning until we get these things worked out, we're not going to have a problem with that. I mean, it's -- our focus is very clear, and that is that we want to do the best thing for the taxpayers, and if that's what it includes, we are here. COMMISSIONER FIALA: Great. What that really boils down Page 59 March 11, 2003 to to me is, sit in and get a feel of it, see where -- where you feel -- after you get the feel of all of the meetings, and then you -- we can bring it back, but you can decide where you feel you don't need, you know -- MR. MITCHELL: Absolutely. COMMISSIONER FIALA: -- there's no need to be here. I think that's great. CHAIRMAN HENNING: Great. Well, super. Thank you. We're going to take a 10-minute break for the court reporter to rest her weary fingers. And just to remind the commissioners and everybody else, the Board of Commissioners has a luncheon with the 4- H crowd, Get to Know Your Government, just before noon, if time permitting, and we'll be back at 1 :30. Okay? Ten minutes. (A recess was taken.) CHAIRMAN HENNING: Would everybody take their seats, please. Item #10B REVIEW OF THE WRITTEN AND ORAL REPORTS OF THE BOARD OF ADJUSTMENT AND APPEALS, COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE, DEVELOPMENT SERVICES ADVISORY COMMITTEE, EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL AND THE ENVIRONMENTAL ADVISORY COUNCIL ADVISORY BOARDS SCHEDULED FOR REVIEW IN 2003 IN ACCORDANCE WITH ORDINANCE NO. 2001-55 - REVIEWED AS PRESENTED: EM SAC REPORT - APPROVED; ADJUSTMENT AND APPEALS REPORT - APPROVED; PRODUCTIVITY COMMITTEE REPORT - APPROVED; DSAC Page 60 March 11, 2003 We're going to go to item 10(B), that's the review of the written and oral reports of the board's advisory boards. First we're going to go to -- is Emergency Medical Service Advisory Council. But before that, we're going to hear from Winona Stone. MS. STONE: Good morning, Commissioners. As you're aware, your advisory boards and committees are up for review every fourth year based on a rotating schedule. This year you have 10 that you're going to review. Today we'll review the first five listed on your agenda packet item, and then your next meeting, March 25th, we'll review the remaining five. The purpose today is for you to determine if the existing board or committee is continuing to address the issues for which it was established and to give any directive on any changes that you want to make to make it operate more efficiently and effectively. Today you're going to be reviewing the Board of Adjustment and Appeals, the Productivity Committee, the Development Services Advisory Committee, the Emergency Medical Services Advisory Council, and the Environmental Advisory Council, in that order with the exception of -- Dr. Fay Biles will be presenting first on Emergency Medical Services Advisory Council. Dr. Biles? DR. BILES: Yes. Thank you so much for letting me go first. I'm giving a speech to a luncheon group on Marco Island. So as soon as I'm finished here, I'm going to whip out of here. Fay Biles, and I'm the chairperson of EMSAC, which is, of course, as you know, the Emergency Medical Services Advisory Council. We -- I'm going to answer them in the questions that were asked on the outline, if you don't mind. And you do have the review; do you not? Page 61 March 11, 2003 CHAIRMAN HENNING: Yes, ma'am. DR. BILES: Okay. The first question was, is EMSAC serving its purpose. We feel that we have served the purpose as quoted in our bylaws and set forth in the county ordinance 80-80. Sections 50 through (sic) 27 outline the purpose, objectives and functions of EMSAC, and that is -- and I'm going to quote -- to act as an advisory board to the Board of County Commissioners on all aspects of emergency and medical services in the county. And I emphasize all, because that is our purpose. To review also all complaints received by EMSAC concerning the quality of the emergency medical services being rendered and to recommend to the Board of County Commissioners any action, if necessary . There are some other purposes, but those, we feel, are the main, major ones. Then question two, whether EMSAC is adequately serving current community needs. I gave you a whole list of things that we're doing just to meet that second question. So in EMSAC in 2002, we have reviewed, discussed, and approved all items, issues, and actions prior to being submitted to the Board of County Commissioners, including items related to the budget, all leases and agreements with other agencies, educational priorities, productivity, levels of performance, reorganization and training, by laws, grant applications, new equipment and new terri -- I should say -- terrorism (sic), relations with other organization. So those are just some of the items that we have looked at in 2002. Our mission is and always has been -- and we quote this every year at the beginning of the year and many times at the first part of our meetings -- to provide the same advanced medical patient care and services to the entire community in an effective and efficient manner in all parts of the county. And we stress, all parts of the county, because sometimes people think if they're closer, whatever, Page 62 March 11, 2003 they get more service. But that is not true. We try to serve everybody in the county. Highlights. And I'm just going to give just a few. After two years of work and discussion, our bylaws have finally been revised and approved by the legal department and the Board of County Commissioners. And this is the first time since 1990. Two new agencies have been added in the county and, therefore, to our council. The City of Marco Island now has -- is officially represented, and Cleveland Clinic is officially represented -- Cleveland Clinic and Hospital. Finally, we have all five districts represented plus two members at large. In addition, representation from all related agencies is a positive. We have Naples Community Hospital and Cleveland Clinic, the sheriffs department, Collier County Health Department, the City of Naples and the City of Marco Island, and the Collier County Fire Chiefs Association. So we feel we've covered a broad representation within the county. Interlocal agreements were approved for the advanced life support, ALS, with the cities of Naples, Marco Island, East Naples, Fire Control and Rescue District, Board of Commissioners, and we had thought we had it with North Naples, but we don't, so we're still working on that. EMSAC approved interlocal agreements for first responder training between Collier County and Golden Gate, Immokalee and East Naples. It's the first time that all fire departments have signed the agreement and we're all working together. The AEDs with training for 4,000 people were distributed to 344 at 178 different locations. Our goal, of course, is 500 with the training that goes with it. Haz Mat training for 18 EMS personnel to level two has been completed. Page 63 March 11, 2003 A new program that we approved is the Safe Haven for newborns. It's approved for fire, EMS, or law enforcement stations to now accept newborn babies left abandoned, and then those babies will be transported to a hospital. So no longer does anybody have to __ what am I going to do with this baby. There is a place and they'll be taken care of. Number three, list of major accomplishments for 2002 in addition to the above. And I must say, again, just a few. Reorganization when new leadership was announced. We've gone through that, and we've corne out, we think, smelling like roses. Budget issues were addressed, and we went over the budget very carefully. It was suggested that we could save $24,000 by charging for the presence of EMS paramedics at events in Collier County. Maybe pursue the same type of a contract that -- as we have in North -- North Naples -- Naples Community Hospital. Study levels of performance based on response times. And I think you all know what we went through with that. The decision was made to do more research on how they are figured, comparing national averages, neighboring counties, and we want to work with the Productivity Committee again on what Growth Management Plan called for. We went to every meeting where the EMS program was discussed; we were present. We did verify that we didn't think more were needed, but we're going to keep a real strict look at that. Finalized and approved the contract with Naples Community Hospital to provide transportation services for the transfer of patients between NCH facilities. It provided funding for three additional employees, reduced response time, enables the units to be kept in their assigned zones and available for interfacility transport. They don't have to go from all the zones now. They're right up there and they can -- they're right on call. Medic 80 won't have to go from designated zones. It saves time and money. Page 64 March 11, 2003 We looked at everything. I think this is the only program that we can say makes a little bit of money for the system, so we feel good about that. We spent an awful lot of time on that contract with representation from Naples Community Hospital and our staff. EMS bought five new ambulances using the Sterling models at $6,500, resulting in saving $9,000 per unit. We also suggested -- we had to because of Medicare costs and so forth, increased the helicopter fees, and I think you people approved that. The agreement was reached to eliminate EMS units being called to all fire calls. They're called when needed, but we're trying to save everything if they're not needed. And also, we're working on with -- the fire departments have been very cooperative, saying that they don't have to respond when it's strictly a medical call and it's a minor one, or -- unless there's an accident, they have to use the Jaws of Life or something like that. So we're trying to prevent three sirens all going to the same thing if they're not needed. Now, if they're needed, no, that's something else. But like on Marco, for example, we have Collier Boulevard, which is one boulevard, and when we have a call there, all three go, the ambulance, the fire department, and the police department. And those people that live right there where 92 comes into Collier Boulevard have told us -- the one man said, when they use that horn going through that light, it hurts my teeth. So we're trying to cut down and make it very efficient. Grant applications suggested and approved weapons for mass destruction equipment. EMS's part was $44,724, and we had a grant for mobile data terminals to provide computers that they can take to calls with them and record everything right there. All bargaining sessions were attended by the chairperson in order to hear everything that went on so that we would know all the details. But those are some of the highlights. I know you have the Page 65 March 11, 2003 report and there are others, but I felt that those were particularly the highlights. Now, I feel I must address the most pressing issue for EM SAC right now. It is the fact that we are losing our good EMS paramedics to other counties due to their being able to earn more money. And when I say more money, approximately 30 percent higher than what we're paying. We've tracked it. And I have all the data here, although because we're going into bargaining, I can't really divulge a lot of it, but we have lost 15 paramedics, and in some cases they went from 32,000 to 64,000, or $46,000. And how Lee County and Bonita Springs and Estero can pay that amount, I'm not sure, but that's what's happening. In addition to that, they're getting more overtime here and mandatory overtime, which is hard on people. When they serve their regular shift, then they're given overtime and then mandatory overtime, that's rough. Health-wise, we don't want to continue that if we can avoid it. Quick decisions must be made, and they're too important in order -- we must work on that overtime. Now, let's see. They have better health coverage for entire families, a hundred percent medical, free disability. They've told us -- we've done exit interviews and I have the record here of all of them that have left and their reasons for leaving right down to -- everything. One was less expensive housing. They have to drive from Lee County and above because they can't afford to live in Collier County. Of course, we know that, don't we? And then with the gasoline hikes and the traffic, it means more time, higher costs. And so they just feel that they're better off. And oddly enough, a lot of them are going to fire districts, not to other paramedic EMS, but to fire districts. And it's true, everybody's recruiting from each other all up and Page 66 March 11,2003 down this west coast. It's a buyer's market for EMS paramedics, and so we're facing a real challenge. As I say, I have all the facts, figures and impacts that EMSAC is studying so that we can recommend changes to you when they are needed. Perhaps the 2.1 millage rate is not enough. We don't know. It would help to -- for us maybe to help recruits locate affordable housing. And we're working on that in the front of the whole procedure. So EMSAC has worked hard this year to try to keep our EMS system the best in the state and the best in the nation, but others are stealing our outstanding paramedics. We will make suggestions to you, which is our mandate, but then it is up to you and your role to make the necessary changes. EMSAC is the committee, and we know -- we're right on top of things and we know you are too. So, any questions? CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: I'm just so impressed, I really am. I had no idea they had done all of those things this year. So many benefits to our community, and I look forward to receiving your recommendation as far as pay scales. DR. BILES: Okay. COMMISSIONER FIALA: Thank you. DR. BILES: I wish I could go on and tell you what's happening now because here are some brand new programs for 2003 that we're already working on. We have an intermediate -- well, I won't -- I'll tell you that next year. COMMISSIONER FIALA: Okay. CHAIRMAN HENNING: Commissioner Halas? DR. BILES: Yes, sir. COMMISSIONER HALAS: I appreciate your time and your candor in regards to some of the issues that are corning forward, and I know that losing those well-trained people are foremost in our Page 67 March 11, 2003 minds, but also that one of the foremost things that are really in our mind is to make sure that we've got good control of the budget. As you know, there's going to be an awful lot of mandates that are going to be directed down to us from the state, and these communities that are offering these large amounts of -- sums of money, I feel they're going to run into a problem with their budget. So it may sound rosy now, but when it comes down to the point of, do they have the money to corne forth to pay those salaries after they negotiate something, that's another matter. And I think Collier County, we look at the concerns of the employees, and we have to make a real stern judgment of value received for the taxpayers of this community. DR. BILES: Of course. COMMISSIONER HALAS: They're the shareholders in this community. DR. BILES: Of course. COMMISSIONER HALAS: So there's a lot of things that weigh, and we realize that it is a problem, but we are addressing it. The other thing I'd like to bring forth is, I think your group is a group that is needed in the community. I feel that you address a lot of issues and you look for ways and you direct the county commission in ways to -- for the -- the fire people and the EMS to be more efficient, and I think that's -- we commend you for directing us in those areas, because that's the other concern that we have, is to make sure that we have efficient operation. Thank you very much for your time. DR. BILES: Thank you. CHAIRMAN HENNING: County manager, Jim Mudd. MR. MUDD: Commissioner, just to help Fay a little bit on that, those folks that are leaving are going to independent fire districts -- DR. BILES: Yes. MR. MUDD: -- that are pretty much isolated from any state Page 68 March 11,2003 mandates, and they basically raise their own revenues. And she mentioned that in the thing, and I have that sheet and spent about two hours last night discussing that with staff. We're meeting with the union at three o'clock today -- DR. BILES: Yes, I'll be here. MR. MUDD: -- in that process, and we do have -- and we will be coming back to the board in the relatively near future to try to -- to stop some of the exodus that's transpiring, but we'll bring you into speed. And I don't want to take anything away from what we're talking to the union this afternoon about. Commissioner, I would ask you, before these representatives leave, that the board basically make a motion to ratify or approve the presentation of the committee and make a determination if the committee, the advisory committee, is going to stay in existence. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: I'd like to make that motion. With a committee this vibrant and doing so much for our community we must keep them in place from here on in. So I make a motion that we accept your report as presented and that we continue to support your efforts as the EMSAC. DR. BILES: Thank you. COMMISSIONER COLETTA: I'd be happy to second that. CHAIRMAN HENNING: And there's a motion by Commissioner Fiala, second by Commissioner Coletta. And I just want to say, before we take the vote, that I appreciate looking at the fee schedule last year, and it does help. And if we can address Commissioner Halas's concerns to stay on top of -- DR. BILES: We will. CHAIRMAN HENNING: -- those fee schedules. And God bless for everything you do. DR. BILES: We shall. CHAIRMAN HENNING: All in favor of the motion, signify by Page 69 March 11, 2003 . saYIng aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries, 5-0. DR. BILES: Thank you very much. We appreciate all your help, too, and -- CHAIRMAN HENNING: Ms. Stone. MS. STONE: Your next presenter is Mr. Jerry Ballard, chief building inspector with Community Development, and he'll be discussing the board of Adjustments and Appeals. MR. BALLARD: Good morning. The Board of Adjustments and Appeals only meet when there is an interpretation of the building codes. They formally don't meet like regular committees. If there is an interpretation, a final interpretation will corne from the board of rules and appeals, if there's a conflict in the building department or with the fire department. Outside of that, the board met, last time was in February of 2000. We normally try to settle everything in-house with all the code-calling questions. But for the final interpretation, it comes to the building official. Then if the client does not like that, then it goes to the board of rules and appeals only. CHAIRMAN HENNING: Great. Questions, comments? A very needed committee. Move that we accept the oral report and find that the Board of Adjusting (sic) Appeals is an important process. COMMISSIONER COYLE: Second. CHAIRMAN HENNING: Commissioner Halas? Page 70 March 11,2003 COMMISSIONER HALAS: Basically, how much staff time do you use on a yearly basis? Do you have any feeling on that, sir? MR. BALLARD: For the board of rules and appeals, no, I don't, because the last time it took one of my people approximately four hours to do it, and that was two years ago or three years ago. COMMISSIONER HALAS: Okay. I'm talking about staff time, county staff time that you would use in regards to facilitating your board in your meetings and stuff. MR. BALLARD: Well, that's the only time the meeting is held, when there is a conflict -- COMMISSIONER HALAS: Okay. MR. BALLARD: -- in there. There's not regular meetings held with them. COMMISSIONER HALAS: Okay. CHAIRMAN HENNING: Any more discussion? Motion made by yours truly, second by Commissioner Coyle. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries, 5-0. Ms. Stone? MS. STONE: Commissioner, it's my privilege to introduce Mr. Jim Gibson. He's the former chairman of the Productivity Committee and is a current member of that committee. Mr. Gibson? CHAIRMAN HENNING: Did you say he's a chronic member? MR. GIBSON: I think, thank you, Mr. Chairman. Page 71 March 11, 2003 Mr. Chairman, members of the commission, Jim Gibson representing the Productivity Committee. In accordance with requirements of code section 2-113, I believe you have in your possession written representations to Mr. Mudd as well as the staff recommendation from Ms. Stone to Mr. Ochs detailing the activities of the committee for the past two years. I have no prepared statement at this time, but I'm certainly willing to take any questions you may have. CHAIRMAN HENNING: I have a question. What is the work project -- project or product for '03? MR. GIBSON: '03 we are undertaking a number of things. I've worked with Mr. Mudd. We have significant activities going on. As I believe you know, we review all impact fee adjustments, all revenue -- major revenue fee changes, as well as master plan changes. We are looking -- working with Mr. Smykowski in terms of several fund consolidation issues. I know the commission has an outstanding request to us. We'll be getting back to you shortly on that regarding detailed performance assessments. And quite candidly, it's the position -- again, you'll be seeing something formally from us, I think, shortly -- that detailed performance assessments are something that is beyond the capacity of a lay board to undertake. For it is time intensive, it is very labor intensive. There are issues with regard to constraints of sunshine in terms of how sub working groups of a committee can function. So for that reason, I think that is something that we will not be able to undertake, if that is the nature of your question, sir. CHAIRMAN HENNING: Great. Yes, thank you. Any other questions? And, of course, your commission liaison is Commissioner Fiala? COMMISSIONER FIALA: Yes. CHAIRMAN HENNING: And I find that the Productivity Page 72 March 11, 2003 Committee complies with the ordinance and is a valued asset to the Board of Commissioners and the community. Jim Mudd? MR. MUDD: Commissioner, I would also tell you that what I've tried to do from the county manager's office is based on your guidance to us -- is to get out there, and when you talk about impact fees or any impact fee increases, to get that in front of an organization from the community to let them hammer it about so that we have a sounding board as that -- as that process transpires. And that's what Jim was alluding to. And I mean, we're corning at those folks with every fee increase proposal. When it's -- when it's in its infancy as far as the thought process is concerned and as that procedure transpires, we continue to keep them informed and abreast of those particular issues from the very beginning to the very end. I mean, the landfill issue that you're going to hear today on 10(A), I remember going to them when we were talking about the short term, intermediate term and the long range process two years ago and they received numerous reports on that particular thing from recycling to whatnot, and they give us some great ideas, and they cut to the chase. When they don't think our recommendations are on the mark, they're pretty blunt about corning back at us and saying, you know, I don't think you should do this in digestible doses. I think you should corne at it at one time with an increase and get it resolved and get through that to that process. So we -- we, the county manager's organization, basically cherish their particular advice in all the particular issues, and we're using them more and more as that sounding board to the community to make sure that we are being very good stewards of taxpayers' dollars and being as productive as we possibly can in all our procedures and business practices. CHAIRMAN HENNING: There's a motion on the floor. Is Page 73 March 11, 2003 there a second? COMMISSIONER FIALA: Oh, second. CHAIRMAN HENNING: And Commissioner Fiala, you have something to add? COMMISSIONER FIALA: Oh, I was going to make the motion. I didn't realize it was made. I'm so sorry. But I did want to say that it's a pleasure sitting on this committee, and I just feel that they're a vital link between the community, the staff and the board, and we could never lose them. CHAIRMAN HENNING: Right. Great. MR. GIBSON: Thank you, Commissioner. CHAIRMAN HENNING: Seeing no more discussion, all in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries, 5-0. MR. GIBSON: Thank you, Mr. Chairman. COMMISSIONER FIALA: Thank you, Mr. Gibson. MS. STONE: Commissioners, your fourth presenter is Mr. Peter VanArsdale. He's the -- discussing the Development Services Advisory Committee or DSAC. MR. VanARSDALE: Good morning, Mr. Chairman and Commissioners. Thank you for giving me the opportunity to report on the Development Services Advisory Committee, which I'm chairman. As you know, this is the quadra-annual review really to analyze and determine whether the committee has a -- serves a purpose and Page 74 March 11, 2003 whether it should be continued. I won't read you all the comments in our report, but I think it is evident that the committee does serve a purpose and that we would certainly urge that it be continued. As you read the report it pretty much outlines its, you know, businesses going along and really doing what we should be doing. But to just give you an update, the bigger issues for us on the Development Services Advisory Committee is what we do in the future, the immediate future and the long-term future, because we've really corne -- we're at a crisis stage in development services in terms of providing services to the public and what it's costing. You're going to see an item on your agenda later on that deals with a significant rate increase in both building and permit fees that, frankly, we don't feel that the DSAC are entirely related to the costs to provide service to our customers, and that's an issue that we hope to focus on very heavily in the next few months and hopefully see some changes to the upcoming budget that deal with those inequities. In general what's happening is, there's a commingling of funds. As you know, the building permit fees and planning fees or enterprise funds with revenue that's charged to provide services, the simple truth is that a lot of those funds are going to other uses that, frankly, are more than likely general fund obligations, so we're going to deal with the issue more specifically and find ways to keep it so that the funds stay in their proper accounts. The other major issue that we have is certainly the time that it takes for us to just do our work, and we're not sure exactly what the time frame is. We don't have sufficient standards to get the work out, and frankly most of the comments I am making are related to planning services, which is -- you know, simple permits take anywhere from two to three to four months to turn around, which it's hard to justify them taking any longer than two weeks. But that has a severe impact on our customers being, in the Page 75 March 11, 2003 building industry, but, frankly, our customers are property owners, taxpayers, citizens of Collier County that endure these lengthy hardships. So that's another issue that we hope to corne back certainly by the -- before the sort of malices (sic) of the current budget year with recommendations on how to deal with that process. We have a meeting later in this month with a number of industry groups that deal with the -- these services all the time, and hopefully we'll be able to corne up with some very clear recommendations to the board that will help us solve these problems. But I think the need for having the DSAC is as great as ever. It serves a vital purpose. It's going to be our job to make sure that we do some positive things, come back with some meaningful, constructive recommendations to the board, ones that we know that you can live with that help us solve our problems and serve the community. So with that, I'd like to ask that you give us another four years to do what we do. COMMISSIONER COYLE: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Commissioner Halas, there's a motion and a second on the floor to approve. COMMISSIONER HALAS: Yes. I just have a couple of questions I'd like to direct to you, Mr. VanArsdale, and that's in regards to, you're saying that planning services presently is taking three to four months to process information in regards to permits, and you feel it should be done in two weeks. I think we had this in the past, three, four years ago, and I think we've seen where that led us. That led us into a lot of violations, that led us into a lot of questions. We had something earlier this morning that carne up in front of the commission, and I feel that the planning staff now is -- I know that they're pressed for people there because of the amount of building that's going on, but I also feel that they're doing due Page 76 March 11,2003 diligence to make sure that when they do issue these building permits, they're done in the manner in which we hope we don't run into problems that we've had in the past. And I just wanted to make that point clear. MR. VanARSDALE: Sure. COMMISSIONER HALAS: That's very important that we make sure we address all the issues that take place when permits are made. MR. VanARSDALE: And I appreciate your comments, sir. And the only thing that I will comment, that certainly in my time, being on the DSAC and dealing with the department before that, the process has never been simple. This is not a new problem. This is an ongoing problem that's been in place for a number of years, and with my experience an issue that I often -- a way that I analyze these issues is I make a comparison to what we used to do or what we do do now at the City of Naples, and they have projects that are certainly as complex and as technical and as demanding as ones in Collier County, and the work is getting done with just -- it's not so much the amount of work that has to be done on the review, it's the fact that very little work gets done over this longer period of time. And so oftentimes, the simple commercial proj ect, which will go for review in Collier County in two weeks -- and I'm not talking about large projects or things that are bigger than that. But when a simple commercial renovation takes two to four months to go through the review process when, for example, in the City of Naples, the same kind of review takes two weeks, it begs to ask the question, what's the difference? And certainly, the quality of review and analysis and certainly inspections and everything in the city, I think is every bit as good as Collier County. So as a DSAC, we ask that question of the staff, and I think it's a -- we expect them to corne back with a rational answer. And so just Page 77 March 11, 2003 having a long review, in our mind, doesn't necessarily make for a good product, and that's -- and people are paying a very, very hefty sum to get high quality -- you know, fast and good service. One of the things, that just because we're government doesn't mean that we have to provide bad service. And the truth is, that in many, many areas, we are providing bad service, and hopefully the DSAC will be able to corne up with some good recommendations to take care of that problem. CHAIRMAN HENNING: Mr. VanArsdale, I share your concerns. I have seen it, correspondence and comments back. I'm aware of the problem, and I know that county manager's office is along (sic) with community development, so I commend you on your efforts to resolve this problem posthaste. There's a motion by Commissioner Coyle, second by Commissioner Fiala finding of -- the DSAC committee a valuable asset to the community. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Thank you. MR. VanARSDALE: Thank you. And just one comment. It's -- I believe we have a very competent staff, and part of the problem that we're dealing with now is a result of, frankly, the turnover and the changes that have undergone -- that we've undergone over the past two years, and so we're all pulling together to solve things. Thank you. CHAIRMAN HENNING: Ms. Stone? Page 78 March 11, 2003 MS. STONE: Commissioners, your last presenter today is Mr. Torn Sansbury. He's the chairman of the Environmental Advisory Council. MR. SANSBURY: Good morning. Torn Sansbury of the Environmental Advisory Council for Mr. Colonel (sic) Mickey (sic) Coe, our Vice Chairman, and the other seven members, we'd like to thank the commission for allowing us to serve the county for the past year on the EAC. During the past year, we have processed approximately 11 development approvals, we've made recommendations to the commission regarding things such as the eastern lands and the rural fringe, we've held workshops and reviewed LDC amendments involving things such as the wetland, gopher turtle protection, beach raking, sea turtle protection, various things of that sort. We do have one request for you today, because there's one item within the way that our rules and regulations are set up that differs from all or county corn -- county advisory committees, and that is the EAC -- and we believe it's left over from the days of the combination of the two environmental committees -- has nine members and requires five of those nine members to be there for a quorum; however, it also requires to take action on an item, there has to be a majority of five member voting in favor. So many of the times you'll see reports corning from the EAC that say, no action was taken, and that is the reason, because maybe only five of us were there or maybe only seven of us were there and five -- four people were in the majority. So we would like you to consider revising those rules so we operate in the same manner as all other advisory councils do, so that, yes, the quorum requirements would be the same, and a simple majority of that quorum would be required to take action. So other than that, again, thank you, and we do believe we're serving a purpose, and we look forward to working with staff. I'll Page 79 March 11, 2003 just say that Bill Lorenz, Barbara Bergenson (phonetic), I always pronounce Stan's name wrong, Stan Chrzanowski, from community development, environmental services, and Patrick White, assistant county attorney, have always been very, very, very helpful to us during the year. Thank you. CHAIRMAN HENNING: Is the board entertaining the change of the ordinance for a simple majority by the EAC to forward comments to the board? Are we in favor of that? COMMISSIONER HALAS: I'll-- COMMISSIONER FIALA: Yes. COMMISSIONER HALAS: I'll move. MR. MUDD: Sir, if you could -- if you could vote to either continue the committee before you change the ordinance, I think we'd get it in the right order. CHAIRMAN HENNING: Okay, thanks. COMMISSIONER FIALA: Can we do that all in one motion? CHAIRMAN HENNING: No. Let's do it as two separate motions. Is there a -- entertain a motion to continue the -- COMMISSIONER COLETTA: So move. COMMISSIONER HALAS: Second. CHAIRMAN HENNING: -- environmental advisory committee? There's a motion by Commissioner Coletta, second by Commissioner Halas. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries, 5-0. Page 80 March 11,2003 Is there direction to county manager? Commissioner Coyle? COMMISSIONER COYLE: I just have a question. I'd like to understand the practical impact of doing this. How many total members are on the board? MR. SANSBURY: Nine, sir. COMMISSIONER COYLE: Nine people. So a simple majority of the quorum -- MR. SANSBURY: Quorum, could be as -- could be a minimum number of three people potentially. COMMISSIONER COYLE: So as few as three people could be making decisions with respect to approvals or disapprovals of requests corning before the board. Tom, my feeling is that three people is not a broad enough -- COMMISSIONER HALAS: No. COMMISSIONER COYLE: -- range to really provide us with a good indication of what is best for the community, and my feeling would be not to do that. But-- MR. SANSBURY: We do -- we do transmit -- staff does transmit to you -- COMMISSIONER COYLE: Yeah. MR. SANSBURY: -- what the vote is in each case. COMMISSIONER COYLE: Yes. MR. SANSBURY: So it would show a majority for or a majority against a particular item; however, they also have to transmit the statement that no action was taken. And that's the only questionable area we had, the note, yes, we did do something on it, yes, a majority voted, however, that majority was not sufficient to meet that five-vote requirement. COMMISSIONER COYLE: Yeah. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: I would think, I would hope Page 81 March 11, 2003 anyway, that the people that want to get involved in this committee would have enough interest to make sure that they would make -- meet the meeting requirements, to make sure that there's a quorum there, to take care of issues that confront the environmental community. This is very, very important. And if those people do not have that type of interest, I feel that we should probably look at addressing that and maybe getting some people on there that would take an interest in this and would make the meetings. And I think that's the most important thing. MR. SANSBURY: If I could comment, sir, that in the past we have had some individuals that did not attend. I think the group that we have put together has a very, very good attendance record, so I concur completely with your position. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: I was going to say the same thing. Thank you. CHAIRMAN HENNING: Okay. All right. Thank you, Mr. Sansbury. MR. SANSBURY: Thank you very much. CHAIRMAN HENNING: County manager, Jim Mudd, do we have time to get one more item in? MR. MUDD: Yes, sir, I think -- I think we do. Item # 1 OC NEGOTIATION OF A LOCAL AGENCY PROGRAM (LAP) AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE INSTALLATION OF HIGHWAY LIGHTING ALONG US 41 EAST FROM BROW ARD STREET TO COLLIER BOULEVARD (CR 951) FOR A TOTAL COST ESTIMATED TO BE ABOUT $500,000 - MOTION Page 82 March 11, 2003 F AILED; MOTION TO REDUCE COST AND REEVALUATE Commissioner, I'd suggest that we go to 10(C), which is a local area program agreement for the Florida Department of Transportation for the installation of highway lighting along U.S. 41 from Broward -- from Broward Street to Collier Boulevard for a total cost to be about $500,000. Before you entertain that vote, I want to -- and before we start talking about expenditures of dollars today -- and I won't -- and I won't keep bringing it up and hounding you with it all the time. There's some things we just need to -- we need to talk about as far as funding shortfalls for the budget and things like that that are on my plate right now that I'm trying to get at. And one of the things you're going to talk to Norman about is this $500,000. One of the things you really need to corne across in there, do we have a good faith agreement with the state that those dollars are going to be there in the future, because if they're not, then Norman's bonding, okay, and we're paying interest on bonds, and it's -- ad valorem dollars are being used to do that, and so -- and I'm not saying the project's not (sic) good or bad, I'm just -- I'm just saying, you need to corne away from those decisions. Why? I've got a three million dollar shortfall, okay, on claims for our medical plan. We've had -- and I've met with all the constitutionals the other day, and I laid out their fair share of that process and what we need to do in order to keep our medical plan to be solvent for the remainder of the year. We've had a series of about 20 claims that have all been over the $100,000 mark that have caused us to have to pay those claims that weren't in the budget. And that -- and that's something that you can't foresee when they corne. We've had some preemies, one of which was Mr. Dunnuck's. Page 83 March 11, 2003 The bill to that was over $400,000, and one was the chair's, okay, and I won't talk about how much that one cost, okay, but it wasn't $400,000. CHAIRMAN HENNING: It was a bargain. MR. MUDD: Yes, sir, it was an absolute bargain, okay, and the baby's doing well, because when you're on the phone and you're feeding him, you're telling me some issues, and I'm hearing the baby in the background, and no doubt that baby's got a good set of lungs and it's healthy. But that, we've had a liver transfer, we've had some other issues that have come up. I will tell you one of the pillars of why people work for Collier County in government is because of the medical and dental program. You heard Fay just a little while ago talk about how other counties were offering a hundred percent. I'm not too sure we can afford a hundred percent, but we have a good program and one of the better programs in the area, and we're going to have to find those dollars, and I've asked our administrators to pull that out of their budget items instead of going into a reserve, which there isn't that money there in the reserve in order to get that. You've -- every day you get emails from FAC (sic) and from our lobbyists and talking about bills on the floor of the Senate or the House in Tallahassee whereby they are revenue-shifting dollars and responsibilities to the county. And I've asked Mike Smykowski to find $2 million in our budget that will offset that just this year, okay? Because remember, the state budget comes into effect the first of July. So that leaves us uncovered with unfunded mandates for July, August and September, okay? All unanticipated in our budget process and that -- and we can talk about the pros and cons of having offset budget processes between counties and states, and it's always been an issue that's been debated. But those are some of the things that I'm looking for as we Page 84 March 11, 2003 go along. Fay alluded to paramedics leaving going to independent fire districts. We're meeting with the union this afternoon. We will come back with something that will cost us money, okay, to try to offset exodus of those folks trying to go get those jobs. There are a shortage of paramedics all over the country. You're not in a situation that's by yourself, and there's only so many of them. And so we've got to at least be competitive in the market to lure those folks in, but we will come back to you with a plan after we talk to that union here in the next two to three weeks to talk about that. I'll meet you one on one and then we'll bring it back to the board meeting. But I just want you to understand there's several items today on the agenda that are going to talk for dollars that are unbudgeted in our budget that are -- I call them -- I call them Whimpies. I'm a Popeye fan. You know, Whimpy always was looking for that hamburger today and he was going to pay you back tomorrow. And so I want to make sure that -- you know, and Whimpy did it on a-- he never gave you an IOU, he just did it on good faith. I think we need to be cognizant of those and make sure that we've got those agreements in place that basically -- and we've got a good promise that that stuff will come to us if we're going to pay for something and get the money back in 2007. And I won't bring that up again, but I just wanted to make sure that you understand what I'm trying to work with right now within budget on things that were unexpected that showed up and what we're trying to do in order to get them resolved. CHAIRMAN HENNING: And that's -- I think that's why I always say, well, what are we going to cut out of the budget in order to make that happen. I hope everybody understands that is -- you know, we have a balance in our register that we need to deal with, so -- I'm sorry, Mr. Feder. Page 85 March 11, 2003 MR. FEDER: Mr. Chairman, for the record, Norman Feder. And Jim, I appreciate that introduction. What I will tell you is we're not proposing that we proceed on this issue or any other issue without a very strong IOU. The issue that you have right now is the question of trying to advance the installation of streetlighting on U.S. 41, as Jim noted, from Broward to Rattlesnake Hammock, that section of roadway already completed, and also on a section of roadway that Florida DOT is currently working on from Rattlesnake Hammock over to 951. At two recent MPO, or Metropolitan Planning Organization meetings, we were requested as county staff to come back to you and identify what in the program we would have to defer in order to provide the funds to fund approximately 500,000, which is the cost of the streetlighting and then get paid back by the state in their fiscal year 2006/2007. The funds to be paid back from are the urbanized area funds placed into the state's work program, or five-year work program just recently based on Collier County becoming an urbanized area, over 200,000 population and having these attributable or urbanized funds specifically earmarked for this area. The dollars earmarked at this point that are not programmed in the state's work program for Collier County is about 2.5 million in 2006 and 7, and the recommendation is that we go into a LAP or a Local Agency Program agreement, specifically that if we are to proceed on this, that we provide that funding, the 500,000 up front. And I'll mention the projects and issues that we would be pulling from the program to do that, and then get paid back in 2006 and 7 specifically out of that urbanized area funds; therefore, limiting what we could do out of that funds in that fiscal year by earmarking, as I said, a half a million of that 2.4 specifically for this project. What we're proposing is that we -- your staff has requested Page 86 March 11,2003 along with the Florida DOT staff, met with our individual contractor. You have the information in front of you. We could move on this section if the board so directed from Broward over to Rattlesnake Hammock within, basically, the next couple of months. There -- our contract with the county does have the light poles and the ability to proceed. The section from Rattlesnake to 951 would probably be eight or nine months even if you proceed today, because it would be done as part of the state's project with their contractor. The state's contractor would design all of it to ensure uniformity and application. The projects -- and back to Jim's point that you need to look at what we would be deferring from the current approved budget in order to secure the 500,000 to advance this. First of all, you've got a portion of dollars, 275,000, just over half of the dollars, would come out of improvements on Radio Road between Livingston and Airport. Median modifications, as you know, we've proceeded on that previously. We were able to get basically all the work done in that, including a modification. These dollars were anticipated as being needed for that modification, but we got it done with last year's dollars, and we've found that it's working very well and we don't need to do more on that segment, so those dollars are, in fact, available, and that would not be problematic to that proj ect. I'll skip down on the list to -- the next largest would be 95,000 in the advanced right-of-way program. You've got a portion of funds that are annually programmed for advanced right-of-way acquisition, and we propose some of that. The others would be funding from 100,000 from the Corkscrew Road culvert pipe projects. That is a repayment back on that one to Lee County on a project that they're doing right at the county line. It was cheaper for us to provide the funds to Lee County and let them do the project. They haven't proceeded on that. It would have to be Page 87 March 11, 2003 reprogrammed next year consistent with our commitment to pay them back once they do the proj ect. And so as you see, at least in this case, we've gone through our program with a bit of a fine toothed comb, and we believe we can pull together that 500,000 that's needed in order to try to advance, if that's still the board's direction. And I'm available for any questions you might have. CHAIRMAN HENNING: Commissioner Fiala. COMMISSIONER FIALA: Yes. First of all, I wanted to say, it was truly a shame that this road was even deleted in the first place. None of us were even here to see that that happened. But I can't tell you how much I appreciate you jumping into this situation, finding the money to do it, considering the safety of the residents and citizens in that area, and I just truly admire you for doing that. And if -- unless there's further discussion, I'd like to make a motion to move forward with this project and accept your recommendations. CHAIRMAN HENNING: I'll accept your motion, and we'll definitely have further discussion. Is there a second on the motion? I'll second the motion. Commissioner Coyle? COMMISSIONER COYLE: Yeah. I'd just like to review something, and summarize. I'm not really sure what you just told us, but I would like to say that it is extremely dangerous under our current circumstances to advance money that we are likely to get paid back sometime in the future. We've got to find a way to meet our budget requirements over the next three to five years, and they're going to get increasingly difficult for us, particularly this year. And any allocation of funds that's based upon some future repayment by the state is not really a good idea because we need the money now. We don't need it in 2007, 2008, whenever they're going to give it to us. Page 88 March 11, 2003 But I understand -- correct me if I misunderstand. But you're saying that you're not going to -- to utilize any of that payback money in order to fund this particular proj ect? You have cut money out of other projects that will not be done, and then you expect payment from the state sometime in the future? MR. FEDER: That is correct. It's gas tax on projects that probably won't proceed this year. COMMISSIONER COYLE: Okay. And -- but what I would say to you is, that if you can cut those proj ects, is this the highest priority project that you can find? MR. FEDER: With all due respect, Commissioner, I was asked COMMISSIONER COYLE: I understand. MR. FEDER: -- at the MPO meeting to do just what I presented to you. COMMISSIONER COYLE: Yeah, I understand. I'm not arguing against this proj ect. I'm merely trying to sort through a budgeting strategy which will be important for us as we begin to address the budget a little later on. MR. FEDER: So we're clear. COMMISSIONER COYLE: And let me -- let me go to this particular issue. It's an issue of priorities. We have $700,000 locked up in a reserve for trauma center funding. Why do we have that locked up in a reserve? Why don't we just take that and fund some of these projects? Is there a reason we can't do that? CHAIRMAN HENNING: I think what we're going to find from the county manager is he's going to ask that for -- to pay some of our medical bills. COMMISSIONER COYLE: Okay. That's okay too. That's okay too. But I guess that's one of my concerns, is that -- is that we need to make sure, with what little money we're going to have, that we use Page 89 March 11, 2003 it as wisely as possible and not take any action which is dependent upon some future payback from the Department of Transportation. MR. FEDER: Commissioner, very definitely. And what I would say is, what we've identified as projects that we feel would not hurt the current program are not higher program than this. I won't speak to every other possible proj ect application. There are gas taxes that could be used for this proj ect as a higher priority, and they would not infringe on some of the other issues which Jim is raising, being that they are gas taxes. The repayment is from a funding source that could be used out in six, seven on some other proj ects, but as of today, it has not been identified specifically for the applications. CHAIRMAN HENNING: Commissioner Halas, and then I have a question. COMMISSIONER HALAS: Yes. I'd like to probably look at this and prioritize this, because I think we have some -- one other thing on the agenda in regards to roads. And I'm concerned if we were going to prioritize this, is this a higher priority than what else is going to be coming up on the agenda, because I'm really concerned about the state of the art -- or the state of the economy right now in this country and where we might be in a few more weeks here. And I really feel that we maybe ought to take and make a true assessment of where we want to spend all these -- all this money -- excuse me -- because of the fact that we may have an emergency, God forbid, whatever it may be, but we may -- we might want to look and say, is this something that we can put off, and if the state of the economy gets better, then we can come back and look at this? Because I feel that -- I think we need to kind of cut back and make sure that we have reserved resources, and then we can address this at a later date. MR. FEDER: Commissioner, if I could, the other one you're referring to -- and I don't want to get ahead of the agenda -- but is the Page 90 March 11,2003 Davis and 951. That is one where we're requesting use of budget that won't get used this year as opposed to dollars. The dollars are in the state's work program. We wouldn't proceed on that. We'd, in fact, use their money rather than advancing dollars, but we are using budget on the project that probably wouldn't move. So that one's not so much dollars, but your -- the rest of your statement is obviously very valid and for the board to give us direction on. CHAIRMAN HENNING: Mr. Feder? MR. FEDER: Yes. CHAIRMAN HENNING: Your opinion, is this a health and safety issue, or is it a want issue by the board? MR. FEDER: I think it's a very strong community desire. I'm not sure that, unfortunately, the very tragic event recently could have been stopped by having lighting. I've made that statement before. That was a situation that needed other controls and other concerns to address, but at the same time you do have a very, very dark area. Most of that corridor is lighted, as is other corridors in the area, and there's a lot of desire in the community, is the way I would answer your question, sir. CHAIRMAN HENNING: Okay. That's the way that you're not going to answer my question. MR. MUDD: Norm also told you -- Commissioner, Jim Mudd, for the record. Norm also told you that three-fifths -- three-fifths of the cost of this project he has basically done on a savings because of the Radio median project that he shifted. The only -- the only thing that he mentioned that has any concern for me is what I call slippage, and that has to do with that culvert project where we're going to have to pay Lee County next year for, and he's going to have to budget that process, so -- MR. FEDER: And that slippage is on Lee County part. We're paying them those dollars for their work. Page 91 March 11, 2003 CHAIRMAN HENNING: Commissioner Coyle, then Commissioner Fiala. COMMISSIONER COYLE: I -- let me make a general observation, not specifically to this project. But you have -- you're finding money you can save in order to fund this particular proj ect, so you're closing out some other proj ects or you're at least postponing them. Now, that's a process we're going to ask you to do -- to do all the time, that's exactly right. We're going to go through a budgeting process and we're going to say to you, cut out all these projects so we can meet our budget. You're already doing that. And the question is, when we cut this money out of our budget, are we allocating it to the most -- the highest priority projects that we have in the county? That really is my question. And if you find some money and you use it on another project that isn't high priority, and then somebody else finds some money and they use it on a project that's not necessarily high priority, at the end of the day, we will find we've already cut the budget but we used it on items that were not necessarily high priority. And so I'm talking about a budgeting issue here less than I'm talking about this particular proj ect, because I know how badly Commissioner Fiala wants this project. But I don't want us to get into a position that when we finish up the budget review you say to us, well, we've already cut out all the money we can cut out, and we've used it on these projects you told me to use it on because we -- MR. FEDER: Well-- COMMISSIONER COYLE: We're going to have some big shortfalls, and we need to figure out ways to deal with that. MR. FEDER: To your question, there's not a lot of other things we can find. We pushed hard, and you notice a number of proj ects that identified 500,000. So as part of the answer to your question, if Page 92 March 11, 2003 you're asking me to continue doing that, we're going to continue all the time trying to do that with every project individually and with the whole program. The issue first and foremost is always safety. But a lot of this lighting project is not necessarily safety driven. It is community desire and basically treatment, much like other sections of the system have been treated. The first and foremost issue is always capacity, and in funds of this nature trying to do the turn lanes at intersections, intersection improvements, turn lanes and capacity is always the top priority, at least for the funds that, you know, the public is asking me to utilize. COMMISSIONER COYLE: Is it possible to do this project in phases and take the lighting and put it in immediately where the -- where the greatest population exists and the greatest potential danger might exist, and then phase in some of the other sections a little later on; does that make sense? MR. FEDER: Well, all things are possible, Commissioner. And at your direction, obviously we'll proceed. But my advice to you would be, you don't want to establish light and dark sections. That's even more dangerous. COMMISSIONER COYLE: I like all dark sections. That's why I've got headlights on my car. But nevertheless, I've lost that argument. MR. FEDER: It would have to be a full moon night that night. Thank you. COMMISSIONER COYLE: Okay. Thank you. CHAIRMAN HENNING: Then Commissioner Fiala, Commissioner Halas. COMMISSIONER FIALA: Okay. First of all, by installing them now rather than when the money becomes available in three or four more years, do we not save money? MR. FEDER: Yes. Your costs is probably less, but you're also Page 93 March 11, 2003 carrying the carrying cost for that until moneys are available. But having said that, you have use of them. Usually the advancement reimbursement is done even though you're providing the carrying costs because you get the use of that facility, that service, that lighting throughout that period of time. COMMISSIONER FIALA: And it might be difficult for some of my fellow commissioners to note the need for this because they have the lights on their side of the U.S. 41 area, and they don't maybe have a habitat village located right there or maybe Naples Manor or a park, a huge park, where people ride their bikes and walk -- and without any lights in this area -- and there are a lot of bike riders in the area who have that as their only mode of transportation. I almost hit one the other day, I'm sorry to say, that the importance in this -- of this issue isn't just that I want it. I don't even live there. I just feel it's important for the safety of the residents, the people that are using the park, the people that don't have a vehicle to drive with. So I'm just looking out for the safety of our residents. Thank you. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: I'm very concerned about the safety of the residents in Commissioner Fiala's area, but I'm also concerned about our budget constraints and things. And I -- I'm wondering if -- and I don't want to put you on the spot, but if we could bring this back at a later date. I think this is -- it's a very important issue because I -- because of the fact that a young child was killed here, but I think we also need to look at what is going to be confronting us here in the next few months as far as budget requirements, and I'd just like to see if we can bring this back at a later date maybe. CHAIRMAN HENNING: Jim Mitchell wants to chime in here. MR. MITCHELL: Norm, you may not know the answer to this, but the annual appropriation for the FDOT urban area, it is an annual legislative appropriation that has to take place? Page 94 March 11, 2003 MR. FEDER: Yes. MR. MITCHELL: So could -- my concern is, could we find ourselves in '06, '07 expecting to receive $500,000 but the legislature's not appropriated that money during that fiscal cycle? MR. FEDER: It is a condition always on an annual appropriation, but at the same time, having been on the other shoe, Florida DOT is going to honor the LAP, or Local Agency Program, and Joint Participation Agreement before they do anything else with the funds. So it's unlikely that 500,000 would be a constraining factor in that year. But yes, it has to be annually authorized, you're correct. CHAIRMAN HENNING: Commissioner Coletta, then Commissioner Coyle. COMMISSIONER COLETTA: Thank you. I know we're asking Norm to make decisions and we're asking to put him on the line there saying, you know, give us a priority. The truth of the matter is, that's our responsibility, and we're going to continue to make priorities. And when it comes down to the budget itself, we're going to take a look at all the priorities, and we're going to go down through it. And I'm sure that we're going to consider those items that have to do with the health, safety and welfare of the community first. When we have to do our cutting, we're going to have to do it where it's appropriate. We're not going to -- I don't want to get into a deep discussion at this point in time. I just want to say that I do support the lighting now on 41. I think it's a necessity for the amount of traffic that's there, the amount of people that live there. And to put it off to the future and have more accidents that take place, more deaths take place, we bear that responsibility. And I do see this as a health, safety, welfare issue that -- and I would suggest that we continue forward like we have been with authorizing Norm to go ahead and find the funding for this. CHAIRMAN HENNING: Commissioner Coyle? Page 95 March 11, 2003 COMMISSIONER COYLE: Yeah, I would like to address a slightly different issue, and that's the one about the future reimbursement by the Florida Department of Transportation. I think it's dangerous to base our assumptions on the past conduct and practices of FDOT, because I don't think this state has ever found itself in the situation it's in right now. And I think there might be some rather extraordinary measures taken. And it's entirely likely that FDOT might find itself in a position where it cannot honor its commitments on some of these funds, and I really am reluctant to see us start depending upon reimbursements sometime in the future and have us use current dollars today, because we need the current dollars today to get us through this very, very difficult period. But what we're being asked to do is to decide today what is the priority based upon one project. What we really need to do is take all of the proj ects and decide what the priorities are and rank them and go down them and see how we can fund these things. So rather than disapproving this project, what would happen if we just took the next -- we're going to be in budget negotiations soon, or budget develop pretty soon. In fact, you should already be there. Why don't we just, over the next couple of months, begin to make our priority list. This will be on that list. And when we get a chance to look at all the priorities and all the shortfalls we have, we then will begin to make decisions about where we allocate what little money we've really got. Is there a reason that wouldn't work for everybody? That means that Commissioner Fiala's project is still onboard. And if we can get the money, we'll get it done as quickly as possible, if it's a top priority or in the priority. MR. FEDER: One thing I do need to bring to the board's attention. Obviously we can do that, we can come back our next budget cycle, put this as a proposed project with advancement reimbursement at that time. Page 96 March 11,2003 But Florida DOT does have their contract -- and I said, Rattlesnake. It's actually Barefoot Williams over to 951 -- onboard right now. They're due to complete in about eight months. So if we're going through that process, we would not be able to use their contractor for design and installation. We've have to come in after the fact and have new start-up costs. There would be some additional costs. I'd have to look at that to tell you. But I didn't want you want to be aware of that. But obviously we could bring it back as a budget item with the next budget, let you look at that relative to all projects. COMMISSIONER COYLE: When is the drop dead date on that? When's the latest possible decision? MR. FEDER: I'd have to check, but if they're talking about eight months out to completion, we're pretty far along with that statement because they'd have to design it, get it into their project, order, and it takes some time to get it in. We have some, with our contractor available, enough to do the small section that we have. Not necessarily all of it. That's not saying it couldn't be done. It could be done as a follow-up. I wanted you aware that it probably wouldn't be done as part of the state's project. COMMISSIONER COYLE: Okay. COMMISSIONER FIALA: Commissioner Henning? CHAIRMAN HENNING: Hang on. I haven't had a chance to say anything -- MR. MUDD: Commissioner, if I could throw one more thing -- CHAIRMAN HENNING: -- after Commissioner Mudd speaks. MR. MUDD: No, sir, that's not the case. But it goes into the discussion that Norman just had about the difference between, if FDOT does it with the promise of a future payment versus missing that window and doing it ourselves without a promise of those dollars coming from the state. And so you've got to Page 97 March 11, 2003 -- one is, you're out $500,000, and one is, in 2007 you have -- you have the hopes, and with past record from the state, they have honored it, but yes, there's uncertainty in the future that that particular item could come and you could get those dollars. It's -- you've got to be careful. And so one is -- one is almost a guaranteed payment based on past performance by the Florida Department of Transportation of those dollars coming back to the county. Yeah, we lose the use of our dollars over those -- four-year period of time as far as if it was sitting in a bank gaining interest and the clerk's turning that back to the general fund. But the -- but I will tell you that they haven't -- they haven't been a bad agreement maker in the past. They've honored the past agreements with Collier County. I just want to make sure that if you make the decision to wait, that you understand that you're going to lose the ability or any hope thereof of getting anything from the state in 2007. MR. FEDER: Jim, there's a possibility even if you waited to try to get an advancement reimbursement agreement. We might be able to still possibly do that, pull that off the table. COMMISSIONER COYLE: Mr. Chairman, you had a question. CHAIRMAN HENNING: Thank you. Well, just a statement. I recognize that there is a health, safety issue here, but I also recognize that that doesn't cover that whole span of area of U. S. 41. And I kind of agree with Commissioner Halas that, hey, let's bring it back to see -- address that issue of health and safety and give staff a little bit of time to do something with that I can support. Commissioner Coyle? COMMISSIONER COYLE: Oh, just a final comment. I think the staff has to -- has to look very, very hard at what you're going to do with the budgeting for this next year. If we come in to you and say, we want you to cut the budget 15 Page 98 March 11,2003 percent or 20 percent, what are you going to do with that? Will you find you've trimmed all the fat out already and used it for proj ects that are not really covering the absolutely essential items of running the government? Now, that's just a comment. I don't expect an answer, but you have to prepare yourself for a very, very tough budget year, and I hope you're doing that. MR. FEDER: I am, and I think we've done it the last few years and will continue. I expect that. COMMISSIONER COYLE: Well, it wasn't tough last year. CHAIRMAN HENNING: Commissioner Fiala, then Commissioner Halas. COMMISSIONER FIALA: I've been thinking this as a no-brainer. While they've got the street all torn up, of course, you don't have to haul in any extra equipment. We've got the -- some leftover poles that we've read in our agenda that are sitting there that they can -- they can bring out right now. It saves -- there's so much money saved on this project, plus the safety of people. I can't understand you guys not concerned with the safety of people. Everybody's got lights in their neighborhood but this one. We have -- I just -- to me, that's a no-brainer. So I think you're saving money right now. You've got the equipment all there, you've got -- you're saving money again. Norm has found the money that isn't even being used in the budget that we can use for this. We should be moving forward. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: I've got to agree with you, Commissioner Fiala. But if we hold off for maybe eight months, maybe the economy will start turning around. We've had a down cycle in the last three years. We know what the mandates are that have been put forth on the state by the voters, and we know what the regards -- that we've lost a Page 99 March 11,2003 lot of tourism in this state, and that's based on -- where that -- when the tourism goes done, we lose tax money, revenue, and I think we need to be really concerned about what's going to happen at home here. And I'm concerned about the fact that the mandates are going to be sent down to us in the next couple of months. So I know this is safety, welfare. I don't have lights in my neighborhood either, but I think that we need to take a look at this. And if we can put this aside for maybe eight months, maybe the economy will change around. I mean, really. COMMISSIONER FIALA: But that's when the equipment leaves. COMMISSIONER HALAS: Well-- COMMISSIONER FIALA: I mean, why don't you put it in when the equipment is right there and the street's all dug up? Why would you then have to pay to bring the equipment back in, get a new contractor to put this in when we've got them right there? I mean, wouldn't you want to save the money while it's available to do that? COMMISSIONER HALAS: What are we talking about? Can staff give us an idea about how much we'd save? MR. FEDER: Typically in mobilization, about 50,000. Yeah, about 20 percent of the total job is what Ed's telling me. But the section you're talking about for mobilization is not the whole job. So between 50 and 75,000 for mobilization. COMMISSIONER HALAS: What are we talking in interest payments if we -- MR. FEDER: You're talking about carrying on -- COMMISSIONER HALAS: Four or five years. MR. FEDER: -- 500,000 for five years, and I'll defer to somebody else to tell you exactly that. CHAIRMAN HENNING: Probably two percent. MR. MITCHELL: Interest rates are not very favorable right Page 100 March 11, 2003 now, especially on the short end of the curve. You can probably figure from an SBA perspective, probably two percent. COMMISSIONER COYLE: Fifty thousand, knock on wood. CHAIRMAN HENNING: You have something to say, Commissioner Coletta? COMMISSIONER COLETTA: I thank you very much. I just want to say, once again, Commissioner Fiala makes a lot of sense, and I hear the concerns here, justifiable concerns by the way, about the budget process of where we're going to be. We've got a unique opportunity to get in there now. We've got a record from the state of past performance that's been absolutely excellent based upon expert testimony from our Norm Feders (sic), who is the number one man for a long time in this part of the state when it comes to funding mechanisms that are there. Yes, the whole world could go totally wrong. Possibly the sky will fall. Who knows? But we have to go with the best information we have at hand. We could withdraw back into -- our heads back into the hole and say, well, we'll just wait for better times sometime in the distant future when this may be possible. I think the time is now to act. Mr. Feders (sic) has acted very responsible in finding funds out there, and we'll have to do this over and over again. And there's going to be times it won't work, but I think this is one of the times that it will work. I'd like to make it a motion that we go ahead and accept this. CHAIRMAN HENNING: Well, you already have a motion on the floor. COMMISSIONER COLETTA: Forgive me. Was there was a second for it? CHAIRMAN HENNING: Yes, there was. COMMISSIONER COLETTA: Okay. I apologize for that. CHAIRMAN HENNING: That's all right. COMMISSIONER COLETTA: Thank you. Page 101 March 11, 2003 CHAIRMAN HENNING: Commissioner Coyle, you have something? COMMISSIONER COYLE: Yeah, this is the last thing I'm going to say on this. I think Commissioner Fiala's argument is a sound one. The only area of disagreement I have is the fact that we are spending money up front with little assurance of -- well, we might have assurance, but it's not likely to happen if they really get into a big budget crunch. But the key point here is that it is the staff who has the responsibility for cutting the dollars for the projects. And you're going into a budget cycle, and I would say to you, what is your recommendation with respect to the money that you are currently cutting out of your budget? How do you want to see it used? Because you're the ones who are going to have to find the money to cut out of the budget. What is it you want us to do with that money? CHAIRMAN HENNING: Boy, that's putting somebody in (sic) a rock and a hard place. MR. FEDER: Commissioner, what I can tell you is the technical end of it. I can tell you that we constantly are looking at the budget, and we said it's going to be a hard budget year. We're not talking of being five years behind and playing catch-up. Every budget year is tough because I can't catch up. So we are looking to do the project as economically as we can, to make sure that each single proj ect and the proj ects in the program -- but again, and with no due disrespect, the direction I get as to what projects I do, and some of those issues need to come from this board. I can provide you the technical background, I can tell you there's merit to this lighting. We probably have more pedestrian movement in this area than other areas of the county that are lit at this time. I can tell you though that it probably couldn't have foresaw or removed the tragic event recently, and I don't think it's being done Page 102 March 11,2003 specifically for that. I can also tell you it's not as much a safety concern as it is an issue of concern to the neighborhood and continuity with other issues in the county. And I can also tell you that if you're telling me to pull back on my budget, that it is projects that I don't do and I'm playing catch-up -- and if I can do them today they're cheaper than if I do them tomorrow or two years from now. But we will always work with the priorities from this board, and I hope I've honestly tried to answer your questions. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: So I think what you're telling us, Norm, basically is that you're catch -- you're playing catch-up, not on the lighting, but you're playing catch-up on roads and you feel that that's -- you think that's -- what's the most important, do you feel? MR. FEDER: Right now the most important has to be either providing better efficiency at intersections or lighting poles or adding lanes. At the same time, I think we're trying to do that within an area that makes the community sensitive. I know we've pulled back some on landscaping. We've had to do that. We've had to pull back in other areas. But if you ask me, it is actually providing capacity or efficiency for movement on the system right now as we play catch-up. But I hope, and at least the direction I've gotten from the board is, that while we're pulling back on some of these other things, our intent is also to work these issues very strongly into the community and the community needs. COMMISSIONER HALAS: So what we're saying is, the most important thing right now is moving traffic and getting the necessary traffic lights in place and turn lanes and things of this nature; this is the most important priority right at the present time? MR. FEDER: I can't be moving traffic lights. COMMISSIONER HALAS: Okay. Thank you. Page 103 March 11, 2003 MR. MUDD: Commissioner, let me add one more thing. Norman's got -- CHAIRMAN HENNING: We're running out of time here. MR. MUDD: Yes, sir. We have five minutes to get over to the building. The -- Norm has those turn lanes and traffic things within his budget right now. Was this item in Norman's budget? Was this -- was this item even on Norman's list? No. Okay? Let's cut to the chase. No. If it's of public health and safety and the MPO told Norman to go get this -- and last time I looked, you were all members of the MPO along with some folks in the city and some other folks -- and they told Norman to get these dollars, I would say to the board that, if that's what you want him to do, Norman -- Norman did that. I would say Norman has found savings of $275,000 because of good engineering and stuff on Radio Road that he has that he could, right now, divert and move to this particular item, okay? And outside of that, Norman's basically diverting other funds and putting it out into the budget out of his five-year plan that he thought he was going to pay this year on, and that's that culvert issue or whatever, and he would have carried forward those dollars to next year when Lee County asked for them so that they could be there so that he didn't have to take out of what he was going to do in the '04 budget. I would -- I would give this to the board. If you're going to -- if you're going to -- and I'll kind of get a sensing. If you're going to tell Norman, go on out and make a deal with the Florida Department of Transportation for lighting and you tell him to go work with $275,000 that he's found on Radio Road, I think that that's a prudent item if you're going to basically do it on neighborhood safety and issues like that. I don't think $500,000 is a given. I take a look at what it cost Page 104 March 11,2003 Mr. Salisbury in order to do Livingston Road, Phase II with only $220,000 for lighting, and he's got lights in the middle, lights on the side, depending on where they are, and maybe there's a way with spacing, maybe light those intersections and areas and then do it intermediate in that process in order to do that, and then make sure the wiring is there. And if later on we want to add lights of that specification with county dollars, that we go do it. But I wouldn't totally kill this either. CHAIRMAN HENNING: Right. And I like that idea, but that's not the motion on the floor, so if that's -- if the motion fails, I would be happy to entertain, or myself, to make a -- MR. MUDD: Yes, sir. CHAIRMAN HENNING: -- motion on your suggestion. Thank you very much. There's a motion on the floor and a second. Do we have a motion by -- COMMISSIONER HALAS: Can you repeat what the motion is that -- can they read back what the motion is? CHAIRMAN HENNING: Let me tell you what -- MS. FILSON: The motion was by Commissioner Fiala, seconded by Commissioner Henning to approve the proj ect. CHAIRMAN HENNING: To approve this item on our agenda. All in favor of the motion, signify, by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. CHAIRMAN HENNING: Motion fails, 3-2. And I'll make a motion that we direct staff to work with $275,000 with the contractor to put in whatever lighting he can for Page 105 March 11,2003 that price. MR. FEDER: And we will look at the issue with Florida DOT to see how we can stretch that. The other one is, we'll look at the section between Broward and Barefoot Williams where the highest need is, and maybe at least be able to do that section. CHAIRMAN HENNING: If there's not going to be a second on the motion -- COMMISSIONER COYLE: There's a second, yeah. CHAIRMAN HENNING: Okay. Then where was the second at? COMMISSIONER COYLE: Me. CHAIRMAN HENNING. Okay. COMMISSIONER COYLE: I second. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Is there a possibility we might be able to put the sleeves in and everything so that these lights could be added in the future? MR. FEDER: We understand the desire. We'll go as far as we can with the 275,000, if that's the direction of the board. COMMISSIONER FIALA: Didn't you have other money though that you had also saved? I mean, not the 75 -- MR. FEDER: Actually, there's dollars that are out of this budget, as Jim pointed out, in particular the 100,000 on the culvert, Corkscrew, we will have to pay back to Lee County when they do their proj ect, so I will have to budget that as been asked. COMMISSIONER FIALA: But other than the 100,000, didn't you have some other dollars that you'd also saved? MR. FEDER: Well, we -- COMMISSIONER FIALA: I mean, so that we could get through the job right? MR. FEDER: One we thought we couldn't get -- one that we thought we couldn't get to on 92 this year, we'll probably be working Page 106 March 11, 2003 on next year as the moneys come available. The major savings is the 275. We've got the work done and it's completed and is operating well on Radio Road. CHAIRMAN HENNING: Okay. No further discussion, we'll call the motion. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (N 0 response.) CHAIRMAN HENNING: Motion carries, 5-0. Thank you. We're going to take a -- COMMISSIONER FIALA: Thank you for what little you've offered me, Commissioners. CHAIRMAN HENNING: Okay. We'll do it when we can in the future. We're going to recess 'till 1 :30. (A luncheon recess was taken.) CHAIRMAN HENNING: Okay. Everybody take their seats, please. Item #9G RESOLUTION 2003-119 RE: SETTING THE PLACE AND TIME FOR THE CLERK, WITH THE ASSISTANCE OF THE COUNTY ATTORNEY'S OFFICE, TO OPEN AND COUNT THE MAIL BALLOTS OF THE NOMINEES TO FILL THE VACANCIES ON THE PELICAN BAY MSTBU ADVISORY COMMITTEE - DATE SET FOR MARCH 17,2003 IN THE BCC CHAMBERS AT 2:30 Page 107 March 11, 2003 E.M - A D.OEIED MR. MUDD: Mr. Chairman, we skipped an item on 9. We inadvertently left that out, and that has to be Sue Filson's add-on item. CHAIRMAN HENNING: Correct. MS. FILSON: Yes, sir. MR. MUDD: And that had to do with ballots issues for Pelican Bay, and I think it's a pretty -- pretty simple item. If we could do that before we go to the time certain for 10(A). CHAIRMAN HENNING: Great. MS. FILSON: This is just to establish the time for counting the ballots recommended by the clerk, and he's recommending BCC chambers on March 17th at 2:30 p.m. CHAIRMAN HENNING: Sounds great. COMMISSIONER FIALA: Make a motion to approve. COMMISSIONER HALAS: I second. COMMISSIONER COYLE: Yep. CHAIRMAN HENNING: We have a motion by Commissioner Fiala, second by Commissioner Halas, and a yep by Commissioner Coyle. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Yep. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (N 0 response.) CHAIRMAN HENNING: Motion carries, 5-0. Item #10A Page 108 March 11, 2003 RESULTS OF THREE SOLID WASTE RFP INITIATIVES, STATUS OF LANDFILL GAS PROJECT, OPTIONS FORA LONG-RANGE INTEGRATED SOLID WASTE MANAGEMENT PROGRAM, AND RECOMMENDATION FOR FURTHER ACTION - STAFF TO NEGOTIATE A CONTRACT WITH R&D SOIL BUILDERS, INC. RE: ORGANIC WASTE AND BIOSOLIDS PROCESSING; NO ACTION TAKEN ON THE GREASE TRAP WASTE PROCESSING FACILITY; STAFF TO HOLD OFF ON INTERSTATE WASTE TECHNOLOGIES (IWT) UNTIL A PRICE CAN BE DETERMINED RE: SOLID WASTE PROCESSING AND GASIFICATION; AND NO ACTION TAKEN RE' GAS TILENERGY - AEEROVED MR. MUDD: Commissioner, that brings us to item 10(A), which is time certain at one p.m. And we talked to them earlier because of the lunch engagement with the teen folks, that it would be at 1 :30. And that's the, present the results of three solid waste requests for proposal initiatives, status of the landfill gas project, options for a long-range integrated solid waste management program, and recommendations for further action. And that presentation will be provided by Mr. Jim DeLony, the administrator for public utilities. MR. DeLaNY: For the record, I'm Jim DeLony, public utilities administrator. The Collier County Solid Waste Management Department is committed to developing an integrated multifaceted solid waste management program that provides environmentally sound and cost-effective solid waste management services for our county. Our goal is to map out an effective, efficient long-range strategy to provide solid waste management for the period of three years or more. Page 109 March 11, 2003 As we develop this program, we never lose sight of our need to stay in compliance, our need to meet customer demands, to remain customer service oriented, and finally, to build an effective high-skilled and well-trained and empowered team capable of providing that best value that our customers demand. The Board of County Commissioners has been involved in the development of the solid waste management program through its direction to staff and key prize (sic) decisions made for the past three years. In May 2000, the board directed staff to assist the viability of proposed Lee Coun -- Lee/Collier County waste energy facilities expansion proj ect. In June 2000, the board considered the findings of Lee/Collier County Waste to energy feasibility study, and directed staff to explore other solid waste disposable options. In November 2000, the board directed staff to issue a request for expressions of interest to solicit information related to technologies, costs, and level of interest from solid waste management firms. The result of the request for expressions of interest was presented to the board in April of 2001. In December of 2000, staff was directed to identify the best possible short, medium and long-range solid waste management solutions. In January of 200 1, the board authorized staff to negotiate an expanded odor control program and a contingency disposal capacity program with the landfill operator, and to negotiate with franchise residential collectors to expand residential recycling. Staff was directed to begin activities related to the reconstruction of the Naples Landfill cells one and two and sustain an odor-monitoring program. These negotiations were completed in June of 200 1, and a Landfill Operations Agreement was amended accordingly. Page 110 March 11, 2003 In April of 2001, the board authorized staff to issue a request for additional information for further assessment of long-range solid waste management options and to request cooperation from Glades County for its shared haul-out long-term solid waste management solution. Results of the request for additional information were presented to the board in June of 2001. At that time, June 2001, the board directed staff to eliminate the options of municipal mixed solid waste composting and a waste-to-energy incineration facility for Collier County. Staffwas also directed to make contact with the environmental community and regulatory group related to the gasification and technology vendor. This option was discussed -- additionally, staff was authorized to meet with Glades County to evaluate a joint landfill. This option was discussed during a joint Collier/Glades County commission workshop in July of 2001. Glades County commissioners decided not to pursue this option. Also in June of 2001, staffwas directed to prepare initial reports for request for proposals dealing with gasification, organic waste processing, grease trap waste and landfill gas utilization. In September of2001, the board accepted staffs report on multiple site visits, the purpose of which were to evaluate the potential applicability or various technologies as they relate to gasification, organic waste and grease trap waste, and I think that Commissioner Coletta could speak to that personally. In November 2001, request for proposals were issued reporting commercial source separated organic wastes and biosolids processing, grease trap waste processing, and municipal solid waste processing and gasification. At that time the landfill gas-to-energy project was considered a request for proposal, but instead developed jointly with the landfill operator, which is consistent with the requirements of the Landfill Page 111 March 11, 2003 Operations Agreement. The proposal period closed in April of2002 while the evaluation of the landfill gas-to-energy project is currently ongoing. In May of 2002, staff was directed to reissue the organic waste to biosolids processing requests for proposal, and the county manager and his designee was authorized to execute a Memorandum of Understanding pursuant to the Landfill Operations Agreement. That's a lot of history. My intent in reciting it today is to know how much has been accomplished over these past two plus years with regard to where we're going and what we're doing with solid waste in Collier County. You've seen implementation of both short and long -- and medium range or intermediate range initiatives that have extended our landfill by at least 15 years to date, and has diverted more than 50 percent of the waste stream for the landfill to either reuse, recycling, or other disposal methods. No doubt, it's a superb achievement, but there's much more that needs to be done to achieve a long-range goal of extending the county's landfill left out to 30 years or more. Commissioners, we're here today to present both findings and recommendations concerning the development of the county's long-range integrated solid waste management program. I request your approval of an executive summary that covers four specific projects; commercial source separated organic waste and biosolids processing and beneficial use; grease trap waste processing facility; municipal solid waste processing and gasification; and finally, landfill gas to energy. Request for proposals were prepared and scripted in accordance with the county's purchasing policy. Proposals were evaluated as to experience, technical approach, business arrangement and price. This process has involved staff from a number of areas, including utilities engineering, operations and pollution control, the water and Page 112 March 11, 2003 wastewater departments, the solid waste management department, the purchasing department, the county's attorney's office, and, of course, members of the public. I'd like to introduce to you our proj ect team members who are here today to present a long-range integrated solid waste management strategy and to make recommendations related to the four proj ects outlined in the executive summary that you have before you. We also have staff here available to answer any questions that you may have. I'll begin with Steve Schwartz who will present the long-range integrated solid waste management program and request for proposal results. Steve? Steve is the director of solid waste programs for Malcolm Pirnie, Incorporated, a nationally recognized environmental consulting firm. He is a diplomate of the American Academy of Environmental Engineers and has been involved in the professional practice for engineering for over 30 years. Steve has been responsible for the respective administration, management, design and implementation of a wide range of planning, recycling, landfill, and composting waste to energy proj ects. He is a recognized international expert in solid waste as well as a published author and lecturer in this field. He's assisted Dave -- Daniel Dietch, sitting to my right, who is a proj ect scientist for Malcolm Pirnie. David D., David? David is available to address any questions you may have that require a legal perspective of the county's integrated solid waste management program. David is an environmental law attorney with 20 years of exper -- 23 years of experience. He has assisted local governments throughout Florida with a wide range of issues that affect the solid waste management programs. Page 113 March 11, 2003 He has obtained the environmental permits for many solid waste management facilities within Florida, has worked extensively on franchise agreements, collection contracts, ordinance, flow control programs, and overall solid waste management planning. Also available today is our staff in public utilities, Mr. George Yilmaz, solid waste management director; Mr. Roy Anderson, engineering director; Joe Cheatham, wastewater director; Steve Carnell from the purchasing -- the purchasing director; and Robert Zackary from the county attorney's office. With that, I'll turn this presentation over to Mr. Schwartz. CHAIRMAN HENNING: Thank you. MR. SCHWARTZ: Mr. Chairman, members of the commission, staff, good afternoon. For the record, my name is Steve Schwartz with Malcolm Pirnie, consultants for the county on solid waste. As Mr. DeLony indicated, we're here today to talk about the long-range program, to report to you on the results from three RFP processes, request for proposal processes, to bring you up to date on the landfill gas-to-energy project, and to make recommendations for further action. I agree with Mr. DeLony, this program has made dramatic progress in the last two years. It's something we collectively could all be proud about, and I think with the recommendations we're going to make today, we're going to move well down the road towards the abandonment (sic) that you have given us to pursue, which is a 30-year and beyond solution for solid waste for Collier County. Mr. DeLony outlined a number of board decisions over the past two to three years. This overhead summarizes those decisions. As Mr. Mudd originally described two years ago, these decisions fall into the short-range, intermediate-range and long-range category. The short-range objectives and goals have largely been accomplished. The intermediate have largely been accomplished or Page 114 March 11,2003 are underway. Today we're here about the long-range goals. This time line shows the steps in the long-range program that stretch back over more than two years and bring us to where we are today. Our purpose in showing this is not to go over each step but to point out that this has been a deliberate, systematic, careful, thorough and open program. It needed to be so that we could consider all the options in an orderly way, and it also needed to be so that we could follow the procedures of your procurement methodology. So we spent a fair amount of time on this, but I think we have solid results to bring you as a result. Let's now turn to the results that we're reporting today. Again, there are three RFP process -- three requests for proposal processes that we have recommendations on. One is the organic waste and biosolids processing request for proposals, the second concern is grease trap waste, the third concerns gasification of solid waste, and the fourth, as Mr. DeLony mentioned, concerns landfill gas-to-energy. That started out as an RFP, but it turned out that that work was really included in the landfill operating contract, so it moved from being an RFP to being a joint project with the landfill operator. Organics, biosolids. Organics is a portion of the solid waste stream. Organics would be food waste from restaurants, food waste from residences, spoiled produce from supermarkets. Things like that are organics. They're now collected as ordinary solid waste, then go to the landfill. Biosolids are a component of the wastewater stream, of the sewage stream. They're the sludges that are accumulated at wastewater treatment plants. They are now hauled and disposed of at Okeechobee Landfill. The purpose of this RFP is to find a better, more cost-effective, more environmentally protective method of handling those wastes. Page 115 March 11, 2003 First they're organic, they're amenable to biological treatment. This RFP was issued once and then had to be reissued. The first time we issued it, we took an aggressive approach and did not, on your behalf, did not guarantee a waste stream but left it to the proposer to develop a program to attract the waste to the facility. We knew that that was aggressive. We weren't sure it would work. But if it had worked, it would have been -- put the county in a good position commercially. It didn't work. No proposers were willing to take that risk issue. So we reissued it, and in the second incarnation, the request for proposals does have a put or pay guarantee of 30,000 tons a year, but you have that much in biosolids, so we're very confident that it's put or pay guarantee that the county can meet. We got four proposals to this request for proposals, which is a good response. Organic Soils of Collier County, R&D Soil Builders, which is your current contractor for yard waste, Synagro, and the Slane Company. We evaluated these proposals over a four-month period, including interviews with the proposers. It was a selection committee. We considered experience, we considered management credentials, we considered environmental protection, we considered cost, we considered beneficial reuse, considered all the factors that make for a good proposal. During this process, the Slane proposal was found to be a -- nonresponsive and was rejected. But the other three proposers all met the threshold qualifications and were judged qualified. Here's the cost information on these -- the three qualified proposers. Organic Soils and R&D Soil Builders are proposing a composting technology, and Synagro is proposing a drying and pelletizing technology. So they would produce a kind of a fertilizer. The cost for R&D Soil Builders is clearly the lowest cost at $25 a ton, significantly lower than the other two. And the current county Page 116 March 11, 2003 practice, as I described earlier, is 29. So the R&D Soil Builders' approach is not only the most cost effective of the three proposed but is cheaper than your current system. So we had three qualified proposers, three good systems, but R&D, clearly the most cost effective. So the selection committee ranked the three proposals in this order, R&D first, Organic Soils, second, and Synagro, third. And on this basis, R&D Soil Builders is the recommended choice. COMMISSIONER FIALA: Could I just ask you -- with Synagro, you said they reduce it to something dry and it's like fertilizer. What does R&D reduce it to? MR. SCHWARTZ: More of a soil amendment type material. COMMISSIONER FIALA: That farmers could use even? MR. SCHWARTZ: Yeah, it could be used for soil or improving soil for farmers, yes. COMMISSIONER FIALA: Thank you. MR. MUDD: Commissioner, Jim Mudd for the record. That's that material that -- when we went out to Glades County that one time, we stopped over by the compost facility in the county. COMMISSIONER FIALA: Oh, yeah. MR. MUDD: And that material, that dark, it looks like a humus material in those piles; that's the material that they would produce. That's R&D Soil Builders, ma'am. COMMISSIONER FIALA: Okay. Thank you. MR. DeLONY: Commissioners, before you you have an executive summary. This makes the following recommendations that are on the slide in front of you concerning the commercial source separated organic waste collections and biosolids processing and beneficial use request for proposal. N ow we're prepared at this point, of course, to answer any questions you may have with regard to these recommendations. Page 11 7 March 11, 2003 CHAIRMAN HENNING: Please continue. MR. DeLONY: Fine. Steve, you'll please continue with the results of request for proposal concerning grease trap waste processing facility. MR. SCHWARTZ: Okay. Second RFP now. Grease trap waste is a component, again, of the sewage waste stream. It's a material that collects that is discharged from, say, restaurants and other facilities that have greasy, oily waste and it's collected in grease traps in the sewer system. This is a -- this is a material that causes problems in the sewer system, it causes problems in the treatment plants, so it's a good material to take out and dispose of a different way. We -- following your instructions, in November 2001, we issued a request for proposals for a technology to handle this waste for 400,000 gallons a year, which is the quantity that we estimate that your department estimates the county produces. We received only one proposal for this system from Pacific Biodiesel. The Pacific Biodiesel system dewaters and treats the fatty material in the grease trap waste and produces a low BTU fuel that can be fired in commercial boilers and the like. This was a good proposal. The selection committee found it responsive and well thought out, good management approach, good technology, environmentally sound. We were happy with the proposal. However, the cost was high. At the 400,000 tons -- gallons per year, which is the quantity we felt comfortable guaranteeing, the cost per gallon was $4.05 per gallon. Your current cost is about .31 a gallon. So that's nearly 10 times higher, which is -- which is much too high to do. We did work with Pacific Biodiesel on alternate proposals, and they were cooperative and they tried to make it work. But in order to bring the price down into the right range, the county would have to guarantee a much larger quantity, two million gallons a year. Too Page 118 March 11,2003 risky to guarantee that at this point. Perhaps in the future, as the county develops, we may have data that justifies that, but it would be too risky right now. So the selection committee did rank the Pacific Biodiesel as number one. They were the only respondent, but they also were very well qualified. But because of the cost, we don't recommend going forward at this time. This is an area that could benefit from further study. There are other technologies. The quantity may rise, and it's also possible that we may be able to dispose of this material in conjunction with the gasification project, which I'll discuss a few minutes later. MR. DeLONY: Before you you have an executive summary that makes the following recommendations that you see on this slide concerning the grease trap waste processing facility request for proposal. You see that it provides an avenue for us to continue to evaluate this as an alternative, should you choose not to go into the gasification area or were able to later on find a more competitive methodology that would reach the cost levels that we outlined before, because the quantities we have it's just not -- it doesn't appear the industry can respond with a cost-effective methodology of converting this waste, these fats and oils to grease. There's also another part of this in the recommendation that deals with the county's proposed fat, oil and grease ordinance, which I'll be bringing to you in early April, and we want to take a look at that and see how that would work in terms of quantities generated after that ordinance comes into effect. So if we don't go gasification, we will come back and look at this again if you approve these recommendations. We're not shutting it off, but we think that if we go the gasification route, it takes care of itself. If we don't go the gasification route, we'll continue to look at this technology and see if we can't find a -- or convert this to another Page 119 March 11, 2003 use after we get our ordinance in effect. That's our recommendations that you have before you. Are there any questions at this point with regard to this particular RFP? CHAIRMAN HENNING: Seeing none -- MR. DeLONY: With that, we'll go on and push on with the proposal concerning municipal solid waste processing and gasification. Steve. MR. SCHWARTZ: Thank you, sir. Very good. So we turn now to the third request for proposals for gasification. This is a key element of the long-range program. This would divert significant quantities from the landfill. If we do this and if this is successful, this will be a key step in extending the life of the landfill for 30, perhaps even 40 years. Let me just digress for just one moment and say something about this 30-year goal. I think we all need to appreciate just how far the county has come in a few years. Three years ago when we started here, the county had only months left on the landfill. The landfill was under consent order from the state, threatened with closure, had odor problems, and there were great difficulties. Today the odor problems are largely under control. The county has a landfill with 15 years of life. A significant diversion has been accomplished. Construction and demolition debris, sludge, yard waste and others such that about 51 percent diversion has been achieved, which is already a remarkable goal. And these are -- these are significant accomplishments. The goal here has always been, keep the landfill going as long as possible because it is your key solid waste management asset. And as long as -- as long as you have that landfill, you can afford to do innovative things like gasification because the landfill's always there to back it. So I congratulate you in Collier County on those accomplishments. Page 120 March 11,2003 Let's turn back to gasification. Let me just take a minute to just refresh everybody's memory about what gasification is. Gasification is not incineration. It's the opposite of incineration. Incineration is burning. You take any organic material, paper, plastic, rubber, coal, whatever, and you ignite it in the presence of air, which contains oxygen, it bums. This is elementary. We all see this every day of our lives. And then that burning energy is released, as well as pollutants, carbon dioxide and other things. That's conventional incineration. Gasification is kind of the opposite process. If you take an organic material and you seal it up in an air-tight container and now you apply heat from the outside, the organic material at a certain temperature will decompose. It can't bum because there's no oxygen, there's no air. So it will decompose into its constituent elements, carbon, carbon monoxide, not carbon dioxide, hydrogen, other, what's called reduction products. The distinguishing thing about these reduction products is, they are fuel, they're fuel. They're not waste gases such as incineration, but they're materials that have BTU content. It can be burned later in the process to generate electricity. Now, this is new for solid waste, but it's not a new process. Before -- before we all used natural gas, methane, in our homes for cooking and heating, there was a thing called coal gas. Coal gas was manufactured from ordinary coal through a gasification process very similar to the process we're talking about here today. So in terms of -- in terms of thermodynamics and technology, it's not a new idea, but it is a new idea for garbage. We described earlier the extensive process of reviewing technologies and workshops and so on that this commission went through to eventually arrive at a decision in June 2001 to use gasification as one element in an integrated program. We have limited the size of this facility to 150,000 tons per Page 121 March 11, 2003 year, at least initially. And that's only a fraction of your waste you have. That's probably 25 percent or so of the waste generated in Collier County. And that's -- we've limited it in that way so as not to put all our eggs in that one basket partially, partially to respect the other things that the county's doing, recycling, yard waste, compo sting and so on, and particularly because of the commitment in your Landfill Operating Agreement to send waste to the landfill, a certain amount of waste to the landfill. That's the background on gasification. We issued that RFP, and we got three proposals. One is from Brightstar Environmental, one is from a company called Interstate Waste Technology, which is the U. S. licensee of a German technology called thermoselect, and third is from a company called the Slane Company, which presents a technology called FERCO, which you've considered here before. Again, an extensive evaluation process, including interviews. Ultimately the Slane Company proposal was, again, found to be nonresponsive and was eliminated, but both Brightstar and Interstate Waste Technology were found to be qualified. A little bit about the two technologies. Brightstar is the Australian technology that we had considered earlier and discussed earlier with the commissioner. Brightstar is what I would call a pure pyrolysis system in that the -- or gasification system, rather, in that the waste is completely enclosed and all the heat is external. It's a good technology. It -- in our view, in view of the data they presented, has good environmental performance, robust technology, good on energy efficiency, good on emissions, so a sound -- a sound technology. However, as we'll discuss more in a second, not as well proven a technology as IWT, as the thermoselect technology. Thermoselect is a slightly different system, higher temperature and uses a small amount of oxygen, not air, but oxygen that is added to the waste to produce the heat that causes the pyrolytic or the gasification process. Page 122 March 11, 2003 Some very nice things about this process. Because of the high temperatures, it can handle virtually any kind of waste. It's not -- it's not sensitive to waste characteristics. Because of the high temperatures, it does not produce any residue that requires landfill. Very, very nice accomplishment. All of the residue is so reduced to elemental matter that it is marketable. Also, excellent environmental performance, also good technology, good equipment, good management approach. A better proven technology than Brightstar, more experience. The earliest facility in Fonditucci, Italy, went into operation in 1994. That facility is no longer in operation today. It was intended to be a proof of concept facility . Not operate long term. But there are two operating facilities, one in Germany, and one in Italy. MR. MUDD: Japan. MR. SCHWARTZ: I'm sorry. One in Germany, one in Japan. The Italian facility is the one that closed. However, there's another side to it, and that's the cost side. At the specified tonnage, the 150,000 tons per year that we mentioned earlier, we've got very different price quotes from the two guys. Brightstar is quoting a price of $45 a ton and Interstate Waste Technology, $174 a ton. A dramatic difference. And to kind of put it in perspective, you know, what might Collier County do if all of these options were gone, well, you'd have a standby contract to use the Okeechobee Landfill. Just as a benchmark, let's say. That cost is $56 a ton. So in comparison, Brightstar is cheaper than your standby contract. IWT is three times as expensive. Weighing all this information, the selection committee, nonetheless, ranked the proposals in this order, Interstate Waste first, Brightstar second, largely because the weighting criteria in the RFP gave a 25 percent weight to cost. So even though Brightstar clearly won that by a wide margin, there's only so many points you can get Page 123 March 11, 2003 out of 25 percent. Frankly, it may have been our mistake. We didn't expect as wide a range in cost as we saw. Perhaps we should have given more weight to cost. But that's water under the bridge. In any case, we ranked them in this order, and we're asking you to -- we're recommending that we go forward and talk to them in this order, but it may be that even after we ask for a best and final price from IWT, it may be that their best price is still impractical for the county, in which case our recommendation would be to move Brightstar to the number two proposer and negotiate with them, so that is our recommendation. CHAIRMAN HENNING: Questions by the board? I have a question. Did you have a question? COMMISSIONER COLETTA: You go ahead. CHAIRMAN HENNING: Okay. The Brightstar, what percentage of their product or byproduct needed to be landfilled? MR. SCHWARTZ: About 25 percent by weight. CHAIRMAN HENNING: Okay. And how much would that be per year? How many tons per year? MR. SCHWARTZ: Well, if it's 150, then 20 percent would be 30,000 tons per year. Remember too, in the case of landfilling though, density is important, because it's cubic yards that fill up the landfill. So even though it's 20 percent by weight, because the residue is much denser, it's probably, I'm estimating here, but 5 to 10 percent by volume. CHAIRMAN HENNING: Okay. What's that equate out to? You kind of lost me there. But you're right. It meets with the density. So 10 percent of their waste would be the density factor? MR. SCHWARTZ: Ifwe turned that 150,000 tons into cubic yards -- CHAIRMAN HENNING: Right, right. MR. SCHWARTZ: -- but then applied a five to 10 percent Page 124 March 11,2003 range in volume, we would -- we would get the cubic -- I don't -- I don't have that number at the tip of my -- CHAIRMAN HENNING: Is it -- should that be part of the equation when you're taking a look at cost? Is Brightstar -- or is that just a little nominal? MR. SCHWARTZ: I mean, that was -- that was a factor that weighed in favor of IWT, because not requiring a landfill obviously saves the cost of landfilling anything, so that did weigh in favor of IWT. CHAIRMAN HENNING: IWT and Brightstar, for their facility, how many acres would it take to build that facility? MR. SCHWARTZ: Five acres. CHAIRMAN HENNING: On both of them? Five acres you said? MR. SCHWARTZ: Probably similar, yes. CHAIRMAN HENNING: Both the technologies would be five acres -- MR. SCHWARTZ: Five acres. CHAIRMAN HENNING: -- which is very, very small. Does either one of those call for a Dirty MuRF. MR. SCHWARTZ: The IW -- I'm sorry. The Brightstar Technology incorporates what you could call a Dirty MuRF as the front end of their processing system, and that's a benefit to the Brightstar Technology. You kind of get that murf for free and, therefore, you get the materials recovery, if you will, for free in the sense that the cost is included in the Brightstar Technology. So the materials recovery that would follow from having that murf is a side benefit of Brightstar. CHAIRMAN HENNING: Okay. And IWT, there's not a murf included -- MR. SCHWARTZ: No. CHAIRMAN HENNING: -- into it? Page 125 March 11,2003 MR. DeLONY: That technology takes everything right up front. MR. SCHWARTZ: Right. MR. DeLONY: Everything goes in the chute. CHAIRMAN HENNING: And there's no -- no byproduct? I mean, well, the product is something that you sell or whatever? MR. DeLONY: That's right, glass or metals. CHAIRMAN HENNING: Interesting. And -- but they can only take 25 percent of the weight stream? How much would go to the landfill ? MR. DeLONY: No. They could take as much as we like. The reason that we limited it to 150 is, these are all very new technologies -- well, for several reasons. One is new technology is risky. We wanted to start small. If things work well we can scale it up, so that's one reason we limited it to 150. The other reason is, remember the 150 is a guarantee that once we've made, we collectively have to meet. So you have to think about all the other things that are happening with solid waste. There's a commitment to send a certain amount of waste to the landfill. That's part of your Landfill Operating Agreement. There's yard waste composting. It's more economical to compost yard waste than gasify it, so why would we want to stop that program and do this? There's construction and demolition debris. It's not amenable to this kind of treatment. So why divert that? So for all of those reasons, we thought 150 was the place to start. CHAIRMAN HENNING: Okay. We amended Waste Management's contract to go from specific years to tonnage, to a total tonnage; is that what we did? MR. SCHWARTZ: I believe the Waste Management contract is for the life of the landfill. MR. DeLONY: That's correct. Page 126 March 11, 2003 MR. SCHWARTZ: Whatever that may be. MR. DeLONY: The landfill-- they're under contract with for the county to operate that landfill the life of the landfill. CHAIRMAN HENNING: So there is no commitment then as far as tonnage goes? MR. MUDD: Well, Commissioner, the -- you said amended, okay? The amendment we did had nothing to do with the time frame of the landfill. That was in the basic document -- CHAIRMAN HENNING: Okay. MR. MUDD: -- that said that they're in there for the life of the landfill, and that's how we got them, based on their bid documents, to pay the price of lining the remaining cells of that landfill, because at one time they said it was our problem to the tune of about $30 million, and that -- we said, wrong answer. Our amendment put some penalties in there, increased the number of recyclables that they would collect curbside, and part of that was to also extend their contract, which was going to end in 2002,2003, to 2006 because remember we found-- MR. DeLONY: Collections contract. MR. MUDD: The collection contract was their basic bread and butter contract. And we made a firm commitment at that time when we came forward with that amendment that we would not continue that contract and that we would go out for bid on the collection contract in 2004, and that is still our plan. Not one that Waste Management likes, but that is still our plan and we plan to do that and we're firmly committed to that process. Their contract, the original contract to the landfill, has a pay scale per ton that goes up, that goes up depending on the volume that's brought to the landfill. So the smaller the volume of garbage that goes into the landfill, the more we pay per ton based on the original Waste Management contract of 1995. So there's a balance that these folks must do to make sure that Page 127 March 11,2003 we get the lowest rate from Waste Management on tonnage that's guaranteed to the landfill, and at the same time, try to work the technology so we divert as much as we can to extend the life of that landfill so that we can go out to the 30, 50-year time frame. CHAIRMAN HENNING: Okay. I did have another question, but I'll let one of my other commissioners -- while I gather my thoughts after that comment. Commissioner Coletta? COMMISSIONER COLETTA: Thank you. A couple of things wanted to touch bases with. What do we presently charge at -- what's the tipping fee at the landfill now? MR. DeLONY: George? MR. YILMAZ: For the record, George Yilmaz. Thirty-three dollars, change. COMMISSIONER COLETTA: Ifwe were to go to this technology that's being recommended through the process of -- with IWT and we added that $174 a ton, what would the tipping fee go to? MR. DeLONY: Well, first of all, I don't think we'd stay at $174. The proposal that we provided you today is to go to best and final, and we're not sure we're there yet with regard to IWT. COMMISSIONER COLETTA: Well, how am I supposed to make a decision with no -- MR. DeLONY: Actually, I'm not asking you to make a solid decision on a contractor today. I'm asking to the authority -- for the authority to go and get that best and final price, evaluate that price. And should it still be too high, based on a guaranteed amount of 150,000 tons per year municipal solid waste, then move on and negotiate with Brightstar and get the best price we could, sir. And I don't mean to -- I'm just trying to inform you as to what we're trying to accomplish. COMMISSIONER COLETTA: I understand. MR. DeLONY: Yes, sir. Page 128 March 11,2003 COMMISSIONER COLETTA: But I've got to remind you, the reason we were looking at Brightstar originally was the fact that the cost is reasonably comparable to what we were paying at the present time, $45 a ton. And when we go to $174 a ton, I'm sure the price could be negotiated down. But I would say we're probably looking at at least doubling the tipping fees at the landfill. And I'm starting to have great concerns on this. I really am. I'm willing to look at it more, but I need something more in the way of guarantees as far as cost goes. MR. DeLONY: Yes, sir, and I understand exactly. Cost is certainly, you know, an overriding, if not prominent concern at this stage of the game. But there are other concerns I think you need to consider as well, is that, first of all, we need to have some assurances that this technology's going to work. And with Brightstar not having a fully functional commercial operation yet, and the fact that it still puts stuff into our landfill, you know, and I think it's worth our time and effort to continue to explore technology that is proven scalable -- COMMISSIONER COLETTA: Right, and we'll -- MR. DeLONY: -- has the permits and see if we can get to that price that I can come back to you using a blended technol -- blended strategy of utilizing our landfill, our Landfill Operations Agreement, and looking at how much we divert to IWT, know it's going to work, know we can get it permitted, make that risk right. I'd like to go through that before we -- before we shut them down altogether. COMMISSIONER COLETTA: Good. The reason we were moving forward -- MR. DeLONY: Yes, sir. COMMISSIONER COLETTA: I'm going to be just one second with this. MR. DeLONY: Yes, sir. COMMISSIONER COLETTA: The reason we brought this whole thing forward was because of the reasonable costs we were Page 129 March 11,2003 looking at. At the time we were looking at it, it was the technology that was going to emerge in a matter of days, they were going to old capability, and it doesn't look like they ever got to that point yet. MR. DeLONY: That's correct. COMMISSIONER COLETTA: This is something that's still emerging technology. It's something that I don't know if Collier County really wants to get involved with, if we're going to be involved in experimental-type technology. It was supposed to be a proven technology when we got to this point, and it still isn't; is that correct? MR. DeLONY: Steve? MR. SCHWARTZ: Yes. I would say it isn't. We have some expectation, but it remains to be verified, that if we follow the path that we are outlining here, which is, give -- give IWT one last chance, which is what we must do under your procurement regulations. But you're quite correct. Unless they come back, ultimately, in the ballpark -- I'm not going to say what that is because this is a bid situation -- but in the ballpark of what your other alternatives are, we will not be recommending them. Having done that, and then let's say they don't, for argument's sake, we then move down to Brightstar. At that point we're hoping, based on what they've told us, they will be in commercial operation at that moment. Yes, right, my eyebrows go up too. But-- COMMISSIONER COLETTA: Is there any possibility they'll reimburse us for the costs that they're incurring while they're going through their process? MR. DeLONY: I'll take that, Steve. One of the key components of this RFP all along was to be as risk averse as possible for the county. In other words, put a -- shift the burden of risk not on the county but on these -- on the technology -- of the contractors' technology in this process coming in. Certainly that would be one of the things we would pursue in negotiations to Page 130 March 11,2003 continue in the mode in which we were in the past where we originally formulated the RFPs. And there's certainly some ways we can do that in terms of performance bonding or some other type of arrangement that can limit the county's exposure, should we get to that point. But I will-- I will tell you this, sir. There's a point when that starts costing you more than it's worth. And I think that that's what -- I want to stay with the board's intent that we stay risk averse. But at some stage of the game, we're going to have to step out there, and I'm going to come back and talk to you about that when I get to the point that I'm prepared to make a recommendation about that. COMMISSIONER COLETTA: Thank you, sir. MR. DeLONY: Yes, sir. CHAIRMAN HENNING: Commissioner Halas, and then Commissioner Coyle. COMMISSIONER HALAS: I've got some concerns here. If we go with IWT, what is the percent of success? Where do they stand right now as far as bringing this technology online? MR. DeLONY: Sir, as stated earlier by Mr. Schwartz, they're fully scalable. The problem with IWT is, given the limit of 150,000 tons per year, that is what we put in our proposal, they have a hard time finding an economical way against that low amount of waste stream. They need something on the scale of twice that to really get at a margin that's much more reduced than 174. I don't know how far that can go, and I don't know if 150 in the final analysis -- maybe there's some give and take there that goes down. But IWT is fully scalable, is fully permittable with regard to the operations they have currently, both in Japan and in Germany. COMMISSIONER HALAS: The other question I have, you're basing that on the tipping that we have today, 150,000, right? MR. DeLONY: Well, that is what we put in the proposal, as Page 131 March 11,2003 Mr. Mudd describe as the going amount. COMMISSIONER HALAS: And what do you project the next five years, 10 years and 15 years? MR. DeLONY: I have those numbers available in terms of how much solid waste we would bring into the county. COMMISSIONER HALAS: Good. MR. DeLONY: And we would certainly be able to scale up to that amount over time. COMMISSIONER HALAS: What's the possibility of having contracts from outside Collier County to bring in waste where maybe we can make this thing more viable that we can make this as a business? MR. DeLONY: I absolutely believe that would be something this board might want to take a look at. That was not the guidance I was given in pursuing this RFP, but at some stage of the game. As I outlined before, in the early part of 2002, or mid year 2001 and 2000, we looked at working with Lee County, we looked at working with Glades County, and those were not fruitful at that stage as we began this march down this road. COMMISSIONER HALAS: Maybe we have to take the leadership. I'm not trying to put you on the spot. MR. DeLONY: No, no, you're not at all, no. I hope I'm answering your questions. COMMISSIONER HALAS: I'm just looking at, you know, to start -- to take the initiative, to be the leader, and maybe we'll find out that this is a viable solution, that you may be able to use this as a capital funding for -- you know, for getting costs back in regards to exploring this technology and bringing everything online. MR. DeLONY: Steve, do you have any comments on that with your experience today, working with some of those counties we've mentioned? MR. SCHWARTZ: Yes. That's a potential strategy. We Page 132 March 11, 2003 actually explored that with IWT. The point of view we explored it from was to say to them, if Collier County is willing to be the anchor tenant that supplies an initial 150, are you willing to take the risk of building a bigger plant and filling it if Collier County gives you the permission to bring in waste from out of state -- out of county? They were not. That was a risk they would not take. And if you think about the IWT technology, 174, of course, is very expensive and not competitive with anything. But let's say we could get the plant bigger, say double the size. Maybe we could get the cost down to a hundred. I'm just estimating, very roughly. Even at a hundred though, when you think about the landfill options that are out there, pretty risky to try to fill up at 100. Brightstar is a different story. They really deliver at 45, a very competitive number, and potentially -- potentially could bring in outside waste, but with Brightstar, we don't need to bring in outside waste because it's already economical at the 150 -- at the 150 ton per day scale. COMMISSIONER HALAS: Why don't we go that way then? MR. DeLONY: Well, that's -- if you look at recommendations we're making, that's probably -- that's one option that we have with regard to where we might be. It's my recommendation to take a hard look though at a proven technology, make sure that technology is not available to us. I mean, it's something we can -- you know, we have a lot more assurances in terms of its outcome and its costing, its permitting, and I believe it's worth going back to the bar one more time with these guys and see if we can get their best and final. If that best and final continues to be in the range of cost that we've talked here today in loose terms, I think that we'll move very quickly with your -- with your approval as outlined in the executive summary to a negotiation with Brightstar and see where we can end up. But I think it's worth us going down the road of a proven Page 133 March 11, 2003 technology first and look at that very carefully and learn from that before we go to something that currently is not as proven. And I believe -- I hope I've answered your questions, Mr. Halas. I hope I've told you why I'm making this recommendation as opposed to just going to the technology. The selection committee rated it this way. Our process within the county -- and I have Steve Carnell here to help me here. But the bottom line is, this follows our county protocols associated with request for proposals, what is written here in your executive summary as a recommendation. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Yeah, I just want to summarize to make sure we understand exactly what you're asking us to do. MR. DeLONY: Yes, sir. COMMISSIONER COYLE: You've got one bid that's too high, one bid that's reasonable. The bid that too high -- that's too high really won the procurement, right, and -- they scored high in procurement? MR. DeLONY: That's right. COMMISSIONER COYLE: What you want us to do is to approve your continued negotiation with the winning bidder to see if you can get the price down to a reasonable point. If you are -- once you conclude that negotiation, I presume you will come back to us -- MR. DeLONY: Yes. COMMISSIONER COYLE: -- and inform us as to what that bottom line price really is, we'll then have a chance to make a determination as to whether or not we want to proceed at that price or we want to switch to Brightstar. And then if we do switch to Brightstar, you pick up and continue with the negotiation with Brightstar; is that a fair assessment of where you're going? MR. DeLONY: All but one part. I did not anticipate that step in between. If I -- if we couldn't get to it on IWT, I was going to Page 134 March 11,2003 move straight to Brightstar. COMMISSIONER COYLE: How do you know if you can't get to a price that we are willing to accept without talking to us again? MR. DeLONY: That's a good point, sir. I believe that we know what the ranges are. But I believe you're right. I believe that it's appropriate that I do come back and talk to you. COMMISSIONER COYLE: I mean, it could just be an information kind of thing. MR. DeLONY: Yes, sir. COMMISSIONER COYLE: But I mean, if you came back a hundred dollars, we'd probably say no, right? MR. DeLONY: I would recommend most probably that recommendation. Our process doesn't provide -- I mean, I'm following the RFP process as we have in the rules, as I understand them. And there's nothing to say I couldn't come back and have that discussion with the board one way or the other. I believe I understand -- we understand as a selection committee and as a delivery team the board's intent with regard to a couple things. First of all, we need to keep landfills as long as we can. We need to be a best-value provider of those services that that solid waste integrated strategy can provide. And you-all gave us the empowerment over the last couple of years to go out and find the best technology, and that's where we're at. If it means coming back in here, we could certainly do that. And if that would make -- if that would make -- if that's the desire of the board, we'll follow that to the letter. COMMISSIONER COYLE: It would make me feel comfortable to know what the result was of that negotiation. But now there's one final item, and it goes to a question Commissioner Henning asked earlier, and I'd like to pursue that just a little bit. You've got Brightstar that's charging you $45 per ton, we're Page 135 March 11, 2003 currently paying $33 per ton and change. Brightstar's technology requires some landfill. So if we pay them $45,000 -- or $45 per ton to process it, some portion of that actually does have to wind up in the landfill. So let's suppose it's 20 percent. So 20 percent of the $33 right now we're paying for landfill is roughly $7. And so that $7 would have to be added to the $45 -- MR. DeLONY: Yes, sir. COMMISSIONER COYLE: -- right? MR. DeLONY: Yes, sir. COMMISSIONER COYLE: So I just -- MR. SCHWARTZ: It's in there. COMMISSIONER COYLE: You're not following me. It's already there? MR. SCHWARTZ: It's already there. MR. DeLONY: Yes, sir. That's what we -- we've tried to take that into account that we would be losing airspace with this option and we'd be limiting utilization of airspace in the other to make the level playing field that we deserve to look at these two alternatives. COMMISSIONER COYLE: Okay. I think that's what Commissioner Henning was trying to get at earlier. MR. DeLONY: Right. COMMISSIONER COYLE: And I didn't think we arrived at a conclusion. But so you've already accommodated -- MR. DeLONY: Yes. COMMISSIONER COYLE: -- that figure into the $45 per ton figure, right? MR. SCHWARTZ: Correct. COMMISSIONER COYLE: Okay. MR. MUDD: Commissioner, the other thing I'd throw at you, just as another fact, and it was said earlier, if you decided to divert all your waste from the landfill to go to Okeechobee, it's $58 a ton. Page 136 March 11,2003 MR. DeLONY: Today. COMMISSIONER COYLE: Then that's a figure you -- MR. MUDD: So I would tell you, why would you want to go to 174 when you can get it for 58? You keep your landfill, you go for the cheapest price, you hold your landfill as a bargaining chip in case the prices go up and you want to go back and do it cheap. And if you can get something that's more reasonable than that in between, that gives you that space and it's cheaper for the taxpayer -- and I think that's where Mr. DeLony and crew are trying to go and they're trying to make sure that they have a permittable technology that fits within the EP A guidelines. MR. DeLONY: Thank you, Jim. The -- could I just take a minute and talk about that for just a second? You know, the puck in the game here, the real -- the real winning goal here deals with maintaining that landfill. We spoke to that earlier. As long as we can -- as long as we have a landfill at our disposal, we'll always have competitive rates with regard to solid waste management in Collier County. And if we go into a haul out mode, we put ourselves on the market at somebody else's price, we've lost that option. What we tried to do today and really over the last several years, is have this integrated strategy that gives us -- gives us a little shift, a little -- an or. What Jim suggests with regard to decisions that, not necessarily this board, but subsequent boards could make with regard to expanding the -- extending the life of that landfill, that's what we're looking for. We're looking for that 15-year after -- you know, 15 years beyond the current 15-year landfill life, how we can best optimize the next 30 to 50 years. And it's very -- it's very -- it's very difficult to make a good decision, but I think if we continue on the route we're on, we'll be closer to the optimization with the goal in mind that you've set before Page 137 March 11, 2003 us, and that is, stay the course, extend the life of the landfill to the maximum extent possible by known technology, and also keep those rates competitive, keep those rates competitive. And I believe that this -- recommendations that we provided here can bring you back -- bring back to you the recommendations that meets both of those boards' intents that we clearly understand. CHAIRMAN HENNING: My question is, why a hockey puck? Why not use a baseball? MR. DeLONY: I just went to my first hockey game this week, so -- COMMISSIONER HALAS: I'm sure you and your staff have come up with some bogey that you're looking for as far as to make this a viable option. Can you tell me what your -- what you're looking at when you're looking at all your figures? What are you trying to shoot for as far as the price? MR. DeLONY: Let me take that one, if I might. We can't take price as the only determining factor because what's the value of airspace in your landfill in the year 2035? COMMISSIONER HALAS: No, I'm talking about, right now you're looking at ITW (sic). MR. DeLONY: IWT, yes, sir. COMMISSIONER HALAS: Okay. That's $174. MR. DeLONY: Current -- current proposal. COMMISSIONER HALAS: Okay. What do you feel they have to come in at that would make this -- you must have some kind of figures in regards to -- MR. DeLONY: Well, Mr. Mudd spoke to you about what the current going rate is if we were to haul it out of the county. MR. MUDD: Commissioner, I gave you that number. COMMISSIONER HALAS: Yes, it was $58. MR. MUDD: Okay. And just remember we've got to go into contract negotiations. So I gave you a dollar figure on hauling trash Page 138 March 11,2003 out of Collier County. And Commissioner, I would ask you not to go in any further than you want to go right now -- COMMISSIONER HALAS: Okay. MR. MUDD: -- or you're going to put that negotiations at risk. COMMISSIONER HALAS: Okay. CHAIRMAN HENNING: Okay. COMMISSIONER HALAS: Just trying to get the figure. CHAIRMAN HENNING: We had one more item before we go to public speakers. MR. DeLONY: Yes, sir. Let me make sure I understand the board's intent here with regard to the gasification, if I might. Just to restate it for the record, if I might. There's a recommendation in your executive summary that calls that we would move on and go to best and final with IWT. Am I to understand the board wants me to come back to you and brief you on the results of those best and final negotiations before I go to negotiation with the Brightstar Corporation? COMMISSIONER FIALA: Absolutely. CHAIRMAN HENNING: Yes. But I would like to hear from the public before we-- MR. DeLONY: Certainly. CHAIRMAN HENNING: -- give you direction. MR. DeLONY: Yes, sir, I understand. I just want to make sure I understand as we move to the next one specifically what I've heard from board today. CHAIRMAN HENNING: And I think if we take the staffs recommendations, Commissioner Coyle's input, recommendations, come back to the board, is a very valid one. MR. DeLONY: Certainly. Sir, with that, we'll move on to the status of the landfill, gas-to-energy project, unless there's any questions -- more questions about gasification. Page 139 March 11,2003 CHAIRMAN HENNING: Okay. MR. SCHWARTZ: Okay. So we come now to the last element. The -- what started out as the fourth request for proposals, but, again, ended up as a joint project with Waste Management because that's the requirement of the Landfill Operating Agreement. This is a proj ect to use the methane gas generated at the landfill, which is now flare, it's simply burned, to use it to generate useful energy. In this case, electricity. Just to put it into perspective. The overwhelming objective is odor control. The purpose of the gas collection system is to -- is to minimize and control the odors, and nothing that we do here -- and we made this clear to the contract as we discussed the proposal -- nothing that we do here is going to be allowed to compromise odor control. Now, that means it will not be optimized for energy generation, that's a fact, but that's necessary because odor control is paramount. After considering a number of alternatives, this is the proj ect that looks the most promising, Naples Landfill, 1-75, the county's water treatment plant that's near what used to be Exit 15. The plan here would be to use the gas and generate electricity that you can use yourself, that the county can use itself. And the reason that's beneficial is that it's better not to pay retail than to sell wholesale. You see what I mean? If you generate electricity and sell it to FPL, they give you the lowest possible rate that they can give you; whereas, if you use it yourself and don't buy from FP &L, you save. Now, you get a pretty good rate from FP&L. You don't pay-- you don't pay real retail, but still, there's a benefit to using it yourself. And fortunately, the treatment plant is quite close by, so it's a nice fit. So the plan here would be to have a -- compressors and cleanup equipment at the landfill to clean the gas, because it's fairly low-quality gas as it comes out of the ground, it would then be Page 140 March 11,2003 compressed and piped over to the treatment plant. And at the treatment plant, we would have engine generator sets, very similar to the diesel engine generator sets that you already have there for standby power, and these engine generator sets would run more or less continuously and generate electricity to run the plant. This is definitely a viable technology. This is not new stuff. It can be done and there's probably 100 landfills in the United States that do some variation on this scheme. So really, it comes down to economics. Does it make economic sense? There's an investment, there's a benefit. How do they compare? The initial capital cost here would be about seven and a half million dollars. Because the plant -- the water treatment plant would get bigger over the years and because the landfill would also get bigger, it would make sense to add additional generators as the years go by to match the two. So the final capital cost would be 14 and a half million as you added generators over the years. The annual cost, the operation magna cost would be 590,000. If you take that capital cost, you amortize it, you add in the O&M cost, you escalate that, what you come out with is, yes, it pays. Costs exceed benefits, but it takes a long time for costs to exceed benefits. It takes pretty much the full 20 years for payback to occur, for the break-even point to occur. In our view, that's not an attractive project. That's too long an investment to break even. So what we're really recommending here is further study. There may be some other uses in the county for this energy. And now, given what you said about gasification, this is going to go a little slower, but if we do go ahead with the gasification project, there may be a synergy here, a combination here. Maybe we can take the methane gas from the landfill, assuming that the gasification project ends up at or in near the landfill. We don't know that yet, but assuming it does, take that methane gas, sell Page 141 March 11, 2003 it to the gasification contractor, let them use it to make more electricity. We would basically get the same energy but at -- at very low or minimal capital costs, so that might be a better use. So we are not making a recommendation of going ahead here, but further study. CHAIRMAN HENNING: Great. Any questions? Ms. Filson, we have how many speakers? MS. FILSON: We have three public speakers, Mr. Chairman. CHAIRMAN HENNING: Would you please call them up. MS. FILSON: The first one is Al Perkins. He will be followed by Dr. Charles Stokes. MR. PERKINS: Good afternoon, ladies and gentlemen, you people at home, Commissioners. I keep the same old bit. The whole thing about this is, I've heard an echo here today that has been stated right here, eight, 10 years ago. Now, he's talking about electricity and the reuse and selling it back to the people who are doing it. How much electricity? Nobody said how much we're producing, can be produced. How much is going to be out there? Because we also have schools, electricity can be pumped onto our grid system and piped into anyplace we want to put it. You talked about grease traps, and I think diesel fuel. Now, I know they were working here in town to take and get the grease from the grease traps from restaurants and whatever and convert it over to diesel fuel. Another source of energy. A very good source of energy. The residue, building products, insulation of any kind, under footers. Nobody's mentioned tires. Now, the state requires you to put so much rubber in the asphalt that they take and put on the roads. Effluent and sludge. Two more products that can be used. You people need to know that if it is on this earth and it came from the earth in another form, all we've got to do is change it around Page 142 March 11,2003 and we can put it back to use on this earth. Every bit of it. There's nothing, nothing that goes to waste, if you're smart enough to use it. Years ago you heard me yap and yap and yap, along with Andy, about college properties wanting to get behind this project for total waste recovery facility. They were going to take and put the money up, they were going to put their technology from around the world online, and they were going to try to make this, Collier County, which is a very wealthy place, one of the top ones and on the cutting edge of this technology. The only thing I can say is congratulations. You're headed in the right direction. If you can keep the price down, you have to. But I don't talk for myself right now. I'm talking for my grandchildren. They live here. They were born here. So with that -- fire and safety. Didn't touch on that, and they didn't touch on that. In the past, people, I have yapped about a potential fire at the landfill and the danger of any of our fire fighting people going in there. That needs to be addressed. You need to take a wake-up -- but at least you're headed in the right direction, and I hope the trip that you guys went to Sidney helped with that. And with that, that's all I've got to say, and thank you. CHAIRMAN HENNING: Thank you. MS. FILSON: Your next speaker is Dr. Charles Stokes, and he will be followed by your final speaker, Bob Krasowski. DR. STOKES: I'm Charles A. Stokes, a Naples resident for some 20 years and a Florida cracker born in the back woods of Lee County. My first experience with solid waste was digging six-foot deep holes at our orange grove to put it in. The only permit I had was from my father who said he'd give me hell if I didn't get the hole dug. My wish here today is to congratulate this commission and its immediate predecessor on making more progress in solving a solid Page 143 March 11,2003 waste problem and turning it into an opportunity than the previous 20 years of commissions. You've done a fine job, and you're going in the right direction. I'm not here to speak in favor of this proposal or that proposal, but I do want to say that all of them go in the right direction, the direction of our whole energy policy today, and I am an energy man. That's my field. I'm working on a major carbon dioxide reduction project in Africa, believe it or not. Our whole direction is to reduce carbon dioxide, increase efficiency, make alternate motor fuels to gasoline and diesel, and finally, to end up making hydrogen for our ultimate fuel. Our direction on waste is zero. Now, the -- looking at these gasification proj ects, do you realize that they go in the right direction on all of these criteria? First of all, if you divert the landfill gas over to the gasifier power plant, you make it into kilowatts. And those kilowatts back out Co2 at the Florida Power and Light plant somewhere. You also don't have a lot of incremental investment because there's already a power plant in the gasification plant. You are increasing efficiency because you are using solid waste that would have been wasted and buried and generate Co2 as landfill gas, so you're recovering energy that would have been wasted. Now comes something that you probably will be surprised. The gases from either of these processes can readily be made into gasoline or diesel by two technologies that have been in use for at least 30 or 40 years. I don't say this is anything you want to consider because you have enough on your plate, but I think it gives you a warm feeling to know the direction you're going in. And finally, these gases can readily be reformed to make hydrogen, the ultimate fuel. Again, this is nothing you want to fool with. You're going in the right direction now. Make it into kilowatts, but it's nice to know what you're doing, what the direction is. Page 144 March 11,2003 And finally, I would say on the zero waste matter, the high temperature process makes a glassy slag which can be ground up and used as aggregate. The other process makes a black char, a finely divided material, which, unfortunately, you've talked about only as landfill. But think about it. The fertilizer industry buys conditioners for their fertilizer and pays good money for them. This char has in it carbon and potassium and calcium. It very likely will find a use, whether it is fertilizer, conditioner or something else, it will find a use, and you will end up, way down the road, very close to zero waste. So you're going in the right direction. My congratulations. Thank you very much. COMMISSIONER HALAS: Sir? CHAIRMAN HENNING: Dr. Stokes? COMMISSIONER HALAS: Dr. Stokes, excuse me. CHAIRMAN HENNING: Commissioner Halas has a question. COMMISSIONER HALAS: Yeah. DR. STOKES: Yep. COMMISSIONER HALAS: We appreciate your presentation, and -- but one thing we as commissioners also have to look at, the technology's out there, but we've got to look at cost effectiveness, and that's -- that's where we're really caught in a bind here. We're trying to -- and if you heard the discussion, I think that's where we were leading is trying to look at, what was the most cost effective means. We have to look at that also. Because it's like running a large corporation, really. DR. STOKES: You're absolutely right, and you're doing it right. The recommendations of Malcolm Pirnie are right on that target. And bringing it back to the board to look at the result, that's the way to go. In the end, you may decide to export the waste to another county. That would be kind of too bad, but it's a possibility for the Page 145 March 11,2003 very reasons you bring up. You're watching my tax dollar. I'm all for that. CHAIRMAN HENNING: Thank you, Doctor. MS. FILSON: Your final speaker is Bob Krasowski. CHAIRMAN HENNING: Before you start the clock on Bob, I've just got a question for Bob. Wouldn't you like a different set of people sitting up here that was here before and say, I told you so? MR. KRASOWSKI: I don't want to be that kind of guy, but we're not done yet, are we? CHAIRMAN HENNING: We can go ahead and start the clock. Thanks. MR. KRASOWSKI: It's fascinating, Dr. Stokes's comments on zero waste. But I must remember to give him an invitation to the Zero Waste Workshop design charette that is planned for March 27th, 28th, so please don't leave before I get a chance to do that. Ron as well. Good afternoon, Commissioners. My name is Bob Krasowski, Zero Waste, Collier County Group. I know Dr. Stokes wasn't up here promoting any particular company today, but I do believe, and he could correct me if I'm wrong being that he's right here, he hand delivered one of the pyrolysis proposals and one incinerator proposal in response to the RFP request that was let out. I'm here today to start off on a positive note saying that a lot of really good work has been done since December 2000, the landfill-- atop of the landfill meeting that you guys had, and then in January you had a meeting, and we discussed the result of the landfill. And it was kind of narrow-minded options at the time or narrow options. I shouldn't -- and now we've spread the investigation, considering many other things. And over the course of the last few months, I've sat in on all the evaluation committee meetings on the RFPs, and I've been very impressed with the county staff and the varying abilities and -- that Page 146 March 11, 2003 these different people have. I like a lot of what I see. I do have a problem with your gasification pyrolysis. Only pyrolysis facilities applied -- responded to that RFP. Gasification, other than pyrolysis did not participate, and that would be anaerobic digestion and that. The comments from Mr. Schwartz describing gasification as not being incineration, I do not agree with. Gasification is incineration of another variety. And in Europe they identify it along with incineration as being a form of incineration. Before I run out of time here though, there's so much that was said, so much has been accomplished over the last few months, it's hard to squeeze it all into five minutes. But before my time runs out, I would just suggest to you that the whole gasification part of this be kind of put on a back burner for at least a few weeks. On March 27 and 28th, the Zero Waste Group in Collier County is going to be presenting a workshop design charette. We're bringing people in that I'm sure can offer the county another plan or strategy and collection of methods to handle the waste stream that do not require gasification. And the problems we have with gasification are historical. Just like incineration, they take in materials that could be removed from the waste stream to begin with. So the energy you reclaim in gasification at 20 -- is 25 percent of the energy it takes to make the material you're processing. So if you're efficient and designed properly upstream in the waste stream, you can save 100 percent of that energy. The gasification, both of them, emit pollutants, air pollution. And even though it's below certain standards, it's still comprised of those air pollutants that represent persistent pollutants which go into the environment, bioaccumulate, and there's much effort on an international, national level to eliminate any type of system that produces that, okay? And then the gasification as well produces a Page 147 March 11, 2003 char or an ash that has heavy metals in it. I would suggest, and I don't want to belabor this, but I think we need another workshop here among you to evaluate. This is too much, too much for you folks to process in one day and give any kind of a direction to as far as coming to any conclusion. Earlier it was mentioned that pyrolysis, or gasification, had been identified as one of the processes we will incorporate as a major process for handling our waste. As I remember it, it was one of the processes that we would commit to evaluate. There was no commitment to do anything for sure. And in your RFP, it says that at any time you can choose not to accept any of the proposals. You are free to do whatever you want at any time. So don't feel like you're locked into that. So let me end by reminding everyone -- and I hope you guys -- you folks can make this -- this date. I know you have other conflicting situations, but this is very important, tens of millions of dollars, taxpayers' money, years and years of life in the landfill at the state. I hope you can make March 27th, at least the afternoon, the presentations, the Zero Waste Workshop, and this is, of course, open to all the public, all the staff. We have Mr. Mudd's commitment to be there, and we are grateful for that. We know if we get Mr. Mudd, we've gotten a lot. But you're the decision makers. You don't pass the decision on to him or other people. You rely a lot on him and his team, but I'll tell you, this is -- this is a tough issue, and the Zero Waste proponents have another perspective for you to look at as opposed to what's been presented here by the Malcolm Pirnie team, what they see as a process. I appreciate your -- your attention to my comments. And if anybody has any questions, I'd be glad to answer them. No? Thank you. CHAIRMAN HENNING: Well, I know it's on my calendar to Page 148 March 11,2003 be there on March 25th (sic). MR. DeLONY: Commissioners, I thank you today for your attention you've given us on the presentation of the long-range integrated solid waste management program and the request for proposal recommendations that we've made. No question that we've worked diligently and deliberately over the past several years to reach this point. Each of you have previously read the staff recommendations, and now you've heard our consultant's recommendations. We believe these recommendations are technically and scientifically sound, economically and financially feasible, and will sustain the environmental compliance requirements, not only now but will stay that way in the future. What we're looking at is something that will allow us to begin that 30-year trek that we spoke to earlier assuring that we have that right landfill capacity through this integrated solid waste management program, and I ask for your -- for your desires with regard to recommendations to be made. That concludes our presentation other than your questions. CHAIRMAN HENNING: Thank you. Entertain-- COMMISSIONER COYLE: A question? CHAIRMAN HENNING: Sure. COMMISSIONER COYLE: Are we going to do this all as a group or take them individually? MR. DeLONY: All as a group, sir. That's -- the recommendation that comes at you as a group, and then you can tell me how you want to tether each one of these. But we had one vote, was the way we'd set this up. COMMISSIONER COYLE: Then I'll-- would you mind if I tried to take amotion? CHAIRMAN HENNING: Sure. Thank you. COMMISSIONER COYLE: Okay. And I'll summarize what Page 149 March 11, 2003 I'm going to make the motion to do. With respect to biosolids, the board will authorize you to negotiate a contract with R&D Soil Builders while asking the other bidder to hold their proposals open until such time as you complete the contract negotiations. With the grease trap waste, you're going to wait for the fat, oil and grease ordinance, so no action will be taken on that. With respect to gasification, you're going to be doing price negotiations with IWT and holding Brightstar aside until you see what will happen there, and then you'll come back to us once you determine what the price is for IWT. And with the gas-to-energy, that would just be a continued study project. No action taken, right? MR. DeLONY: That's correct. That's correct. COMMISSIONER COYLE: All right. Then I'll make a motion COMMISSIONER HALAS: I second it. COMMISSIONER COYLE: I'll make a motion that we do that. COMMISSIONER HALAS: And I second it. CHAIRMAN HENNING: Okay. We've got a motion by Commissioner Coyle, a second by Commissioner Halas. Any further discussion? (N 0 response.) CHAIRMAN HENNING: Seeing none, all in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (N 0 response.) CHAIRMAN HENNING: Motion carries, 5-0. Page 150 March 11,2003 Weare going to take a 10-minute break. (A recess was taken.) CHAIRMAN HENNING: Would you all take your seats, please. Item #10D HISPANIC AFFAIRS ADVISORY BOARD REPORT OF GOALS AND OBJECTIVES AS REQUESTED BY THE BOARD OF COUNTY COMMISSIONERS - REPORT ACCEPTED WITH The next item is 10(D), and consideration of the Hispanic Advisory Board's report in goals and objectives as a request by the Board of Commissioners. And who will present this is Ramiro Manalich. MR. MANALICH: Good afternoon, Mr. Chairman, Commissioners. For the record, Ramiro Manalich, chief assistant county attorney. You previously as a board had directed the Hispanic Affairs and Black Affairs Advisory Boards to prepare a statement of goals and objectives for the upcoming year. Today the Hispanic Affairs Advisory Board chairman, Carlos Aviles, will address you to briefly discuss that report with you. It is also expected that Mr. Dunnuck, as liaison for the Black Affairs Advisory Board, and its chairman will be addressing you in the future with regard to that group's goals and objectives. At this time I'd like to call up Carlos Aviles and also acknowledge the other members of the Hispanic board are also present today, Robert Pena, Sophia Pagon (phonetic), Susan Calkins, and Theresa Nelson. Carlos? Page 151 March 11, 2003 MR. AVILES: Well, we move from human waste to human relations. That's very good. I'd like to begin by thanking you, Mr. Chairman and fellow commissioners, for allowing our board to be here this day. Respect ( sic) commissioners, as chairman of the Hispanic Affairs Advisory Board, I'm honored to be here representing this board. As an advisory board to this commission, Mr. Chairman, our open dialogue between the Hispanic community and county government begins here and transcends throughout the county. Mr. Chairman, per your board's request, our board met at a previous meeting to brainstorm ways at how our board could fulfill our mission statement which reads as follows: The mission of Hispanic Affairs Advisory Board is to identify and evaluate problems unique to the Hispanic community and to foster a better understanding by the county of the problems facing the minority community. I would also add an important component of our original mission statement, that is recommending ways to ensure open communication between minorities in Collier County, leaders. Mr. Chairman, our board finalized and approved our goals and objectives for this upcoming year and hopefully for years to come. But to accomplish our board's mission, I ask you, Mr. Chairman, and fellow commissioners, to approve and give us full support with our goals and objectives previously submitted. Thank you, Mr. Chairman and respect (sic) commissioners, and I welcome your comments or any questions you might have. CHAIRMAN HENNING: Questions by the board? Commissioner Fiala? COMMISSIONER FIALA: Yes. First of all, I was really impressed with everything. It's a very ambitious set of goals. I think you did an outstanding job. And I've only been here a little over two Page 152 March 11, 2003 years, but I've never seen anything like that before coming out of this board. And I'm just so pleased that you've taken hold, and I think you're going to be moving forward. And I, for one, would like to say, it's going to be a pleasure working with you. MR. AVILES: Thank you. Our primary goal was to come up with ways, strategies, how we can improve relations between the Hispanic community and government itself. And I believe that the goals, as I have recommended to this board, meets those objectives. CHAIRMAN HENNING: Commissioner Coyle and Commissioner Halas. COMMISSIONER COYLE: Commissioner Halas was first. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: One thing that kind of bothers me, you have a very ambitious program here, and I was looking -- I was wondering how you're going to get the funding for this, or was this going to be self-funding through your committee? MR. AVILES: Funding's going to be a last resort. We're going to come up with ways we can accomplish our goals without going through funding. And in a memo that was sent to your board it was -- it was mentioned that funding might be part of this, but it won't be really the primary, I guess, way of accomplishing our goals. COMMISSIONER HALAS: Okay. We just want to let you know that we've had some discussions already about upcoming budgets. So just to let you know ahead of time that that might be a real stern issue as far as trying to assist you, so you may have to look for other sources of funding other than the county government. MR. AVILES: That's correct. Thank you. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Yeah. Mr. Aviles, I'd like to draw your attention to paragraph 6 of your goals and objectives, the work Page 153 March 11,2003 plan for this next year. Promote an understanding of civil rights and civil liberties. Is there any contemplated coordination with the Black Affairs Advisory Board concerning this issue, or are you going to deal only with civil rights and civil affairs of the Hispanic community? MR. AVILES: I'd like to address that issue by saying that it's -- we are going to be, I guess, joining with the Black Affairs Advisory Board. What I mean join is holding the workshops in maybe community forums at a later date. And I'm trying to schedule one for maybe the start of next month, the middle of next month, to start this process. COMMISSIONER COYLE: You also mention that you're going to monitor enforcement by appropriate agencies. Are you going to appoint people to monitor what the sheriffs office is doing and our human relations department is doing? MR. AVILES: Okay. When I mention monitor, our board wants to know when we receive complaints, okay, from citizens, and all we do is just refer them to the appropriate agency. That's basically what our board is there for. COMMISSIONER COYLE: Okay. I -- these are things, I think, that need to be done. But I have two reasons for raising the question. One is that I still have a basic disagreement with the idea that we have to divide our community up into groups and the Hispanic group goes and talks about civil rights and discrimination against the Hispanic community, and the blacks go and do the same thing, and then the Haitians and so forth. I'd really like to see all those coordinated, and it would be really good if, perhaps, you could coordinate with those other minority groups and maybe create a subcommittee of some kind that can deal with all of those issues across the community. At least that would get us halfway there so that we could deal with this on a comprehensive basis. Page 154 March 11,2003 MR. AVILES: Right. COMMISSIONER COYLE: The other thing that I -- the other observation I'd like to make is that monitoring enforcement of appropriate agencies is a pretty strong term. There's one thing that says gather data about human relations in the community and then make recommendations. That's a very, very good goal for you. But to monitor the enforcement of appropriate agencies is a very difficult thing for you or us to do, because the sheriffs office really is a separate agency. And I would suggest to you, rethink the wording of that particular goal. MR. AVILES: I understand where you're coming from, Commissioner Coyle. Basically what that is is just pretty much establish relationships with those appropriate agencies. COMMISSIONER COYLE: Okay. MR. AVILES: So come up with ways that we can improve that. Although we use the word monitor, it's pretty much relationships. It's about building relationships with those agencies. COMMISSIONER COYLE: Okay. All I would suggest is maybe you look at it from that standpoint, maybe make the necessary adjustments in the verbiage so that we don't get into a conflict later on over those kinds of things. MR. AVILES: Okay. COMMISSIONER COYLE: Okay. CHAIRMAN HENNING: Thank you. Commissioner Halas has a question. COMMISSIONER HALAS: Yeah. I look at these advisory boards such as yours as a board that's established to help advise the commissioners and other staff people in regards to what is -- what things may be of an issue, okay? And I'm concerned about the direction that you may be going here. So I hope that you'll keep that in kind of -- in focus, that we need to have you report back to us in regards to what needs to be Page 155 March 11, 2003 addressed by the commissioners in regards to the problems before they become an issue. MR. AVILES: Okay. COMMISSIONER HALAS: So, I mean, that's what we feel is the most important thing as an advisory commission, that you're there as a -- to advise us before there is any particular type of problems that crop up. MR. AVILES: Okay. COMMISSIONER HALAS: Okay? MR. AVILES: I understand that, and that is something that we -- you know, we know ahead of time already. And that's really one of the reasons we came up with these goals and objectives, to advise you on them, and then we can work, you know, together and build that relationship. And like I say, I can transcend to the whole county for better relationships among racists. COMMISSIONER HALAS: In all, for everybody. MR. AVILES: Correct. COMMISSIONER HALAS: Right. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Well, I think that is an important point, Commissioner Halas. There's a fine line between an advisory board and a board that actually executes. And there are some -- some areas where we could get into trouble here. COMMISSIONER HALAS: Yep. COMMISSIONER COYLE: Promoting Hispanic entrepreneurs is a potential trouble spot unless what you're suggesting is to make recommendations to the board to find ways of improving the economic stability of the Hispanic community. You see, the thing that I'm concerned about is if -- if you develop a position and then you go off and start executing it, it might -- you really need board approval to do that. I don't think there's anything in the ordinance that permits an advisory board to actually Page 156 March 11, 2003 have the authority to implement a program and to go off and do something. It's advisory in nature. And then we authorize the advisory board, you know, what they do. So I think your plan is a great one, as long as there's an understanding that it is an advisory plan, not a plan for execution. And if that's an understanding, then I would make a motion that it be approved and we proceed with it. COMMISSIONER COLETTA: I'll second that. CHAIRMAN HENNING: There's a motion by Commissioner Coyle and a second by Commissioner Coletta with clarification on the goals and objectives of the Hispanic Advisory Board. Any more discussion? (No response.) CHAIRMAN HENNING: Seeing -- oh, we have a speaker. I'm sorry . MS. FILSON: Mr. Chairman, we have one speaker, Susan Calkins. MS. CALKINS: I would waive that in the interest of time. COMMISSIONER HALAS: Thank you. CHAIRMAN HENNING: Thank you. MS. FILSON: That's it. CHAIRMAN HENNING: All in favor of the motion, signify by saYIng aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries, 5-0. Page 157 March 11, 2003 Item #10G REVIEW OF PREPAREDNESS PLANNING ACTIVITIES IN THE EVENT THAT THE DEPARTMENT OF HOMELAND SECURITY PLACES THE NATION UNDER A SEVERE RISK OF DOMESTIC TERRORISM (THREAT LEVEL RED) - CONCEPT ACCEEIED The next item we're going to take is 10(G), review prepare (sic) planned activities in the event of the Department of Homeland Security places in -- the nation's under severe risk in domestic terrorism. MR. PINEAU: Good afternoon, Commissioners. For the record, my name is Ken Pineau, the emergency management director for the county. For the past few weeks we've been working with the sheriffs office, the facilities management department security section, and the region six division of the Florida Department of Law Enforcement to come up with a conceptual framework in the event that the Department of Homeland Security places the United States under a severe threat of local or -- of terrorism that would be a level red. And we have broken it down into five separate scenarios. Red -- going up in ascending order. First one, of course, would be, we could be at war, but there's actually no credible threat to the United States at that time. The next highest or higher would be a credible threat to the United States but not a credible threat to the State of Florida. Next would be a credible threat to the State of Florida but not a credible threat to the area six counties, the II-county area comprising the Florida Department of Law Enforcement, Southwest area. Then finally, a credible threat to Collier County. We have assigned responsibilities by agencies. It's not all Page 158 March 11,2003 inclusive, but I think it's a step in the right direction, and that's what we've attempted to do in anticipation of going to condition red, possibly in the very near future. CHAIRMAN HENNING: Thank you. Any questions? (No response.) CHAIRMAN HENNING: Do we need action on this item? MR. PINEAU: Our intent was, Commissioner, to include this document as part of our domestic terrorism annex to the comprehensive emergency management plan, and we've also developed a model state of local emergency ordinance in the event that the board issues a state of local emergency, and that's what we're requesting. CHAIRMAN HENNING: Entertain a motion. Commissioner Halas? COMMISSIONER HALAS: Is this going to be publicized for all citizens in the county -- MR. PINEAU: Not necessary-- COMMISSIONER HALAS: -- by newspaper or anything of this nature? MR. MUDD: Commissioner, that listing that you have right there, and the reason it says consider instead of implement, is just exactly the issue that you're getting at right now. That is -- the intent of this attachment to our plan is to make sure everybody knows that we do have a plan and that we have looked at issues. And Mr. Pineau is -- also has a list that he -- that he holds in a confidential status that basically we will implement, and it will not be something where we have to sit at a table for eight hours to figure out, and he holds that in a confidential status because you don't want the terrorists to know what you're going to do. And so it's a good point that you're leading to, but I will also tell you that the wording of that checklist is just vague enough where it Page 159 March 11,2003 needs to be. COMMISSIONER HALAS: Okay. That's why I wanted to -- that was the other question I was going to ask, that obviously we've got some confidential material in here. CHAIRMAN HENNING: Okay. We do have one public speaker. Ms. Filson? MS. FILSON: Yes, Mr. Chairman. Mr. Al Perkins. COMMISSIONER HALAS: Busy man. MR. PERKINS: Good afternoon, Commissioners, good afternoon, people, you at home, listen up. You better take this serious, because the handwriting was on the wall. They attacked N ew York multiple times, they attacked Pennsylvania, and they attacked Washington, and they have found out since then that they intended to attack a lot of other places. Now, the point that I want to make on this, that these people, who have no regard for life, will attack your school, your church, around the country, Disney World, a baseball game, the -- hockey, the beaches, spring break. These people don't care. They don't care. They're out to get Americans' blood. Now, if you don't take it seriously, you're going to take and have big problems. Now, if I was a terrorist, I sure as heck, if I came to the beach over here in the season, Port Royal and all the way along and a few places over on the east coast, I would attack the wealthy and throw the stock market into another chaos. With that, there's a multitude of places that I can scare. I can scare the mothers by going after the children. These people don't care. And with that you create panic, big time panic. And when you have panic, you have people totally out of control. Ask anyone of the colonels. They'll tell you about it. With these things, your economy is going to go down the tubes. Page 160 March 11,2003 Naples will be just another little place on the map that nobody wants to go to. And because of that, people will be out of work, your budget will be down the window -- out the window and the conversations about you coming up with a shortfall, you can count on a big shortfall, and everybody's going to be screaming. Think about it. You people out there, especially you ones that are too busy to come in here and participate in these meetings, which are on your behalf, need to get it together and take and have input to each one of your commissioners. You don't know. Ken Pineau will provide a whole ton of information of what you should be prepared for. Don't forget, when we have a hurricane, you have hurricane parties. The apathy that is unbelievable. And the worst part about it, we have senior citizens like me that fall into one of two categories; they're either too dumb to know what's going on or they're too drunk to know what's going on. Just that simple. And you better pay attention. Wake up people. It's your life. But worst of all, when you don't participate, you put my grandchildren in jeopardy. Thank you. CHAIRMAN HENNING: Thank you. Entertain a motion to accept the concept. COMMISSIONER COYLE: So move. COMMISSIONER COLETTA: Second. CHAIRMAN HENNING: Motion on the floor by Commissioner Coyle, second by Commissioner Coletta. Any other discussion? (No response.) CHAIRMAN HENNING: Seeing none, all in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. Page 161 March 11, 2003 COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries, 5-0. Item #10L PRESENTATION OF OPTIONS RE: LIVINGSTON WOODS NEIGHBORHOOD PARK - RESIDENTS TO BE RESURVEYED AND ONE SPOKESMAN FROM EACH SIDE OF THE ISSUE TO HAVE AN OPPORTUNITY TO REVIEW SURVEY BEFORE IT GQRS OUT - A-eEROVED Asking the -- any members if they would like to consider deviating from the agenda today. There's a number of people here from Livingston Woods, and that is item 1 O(L). Any objections to move to that item? COMMISSIONER FIALA: I have a -- right before on 10(1), I've got a couple people here for a few hours on the Santa Barbara thing. CHAIRMAN HENNING: Okay. You have one. MS. FILSON: For 10(1), one speaker. COMMISSIONER FIALA: Is that all I have, only one speaker? COMMISSIONER COYLE: Sounds good to me, 10(L). COMMISSIONER COLETTA: Yeah. We have a number of people here on the Miller Boulevard issue, too. But go ahead. You call it. That's your job. CHAIRMAN HENNING: Well, it's a team. Commissioner Halas? COMMISSIONER HALAS: I think we ought to go ahead with the Livingston Woods. They've got the majority of the people here. Page 162 March 11, 2003 CHAIRMAN HENNING: Okay. This item is 10(L), and it is a presentation of options regarding Livingston Woods neighborhood park presented by Marla Ramsey, director of parks and rec. MS. RAMSEY: Good afternoon, Marla Ramsey, director of parks and recreation. Before you today you have a request that happened, I believe, on February 11 th to bring before you an executive summary so you have the opportunity to discuss a Livingston Woods neighborhood park. I've put on the visualizer the neighborhood that we're talking about and the site that we have purchased. For the record, I need to make a clarification or correction on fiscal impact. Under fiscal impact, the purchase price of the property was $96,881.41, if we can make that correction for the record, please. This project started way back in April of 1999 when a homeowner surveyed the residents within the Livingston Woods area. And then in December of -- 27th of 1999, brought to the P ARAB, Parks and Recreation Advisory Board, an application for a neighborhood park. A presentation was made before Parks and Recreation Advisory Board on February 23rd, 2000, soliciting support for a park in this particular neighborhood, and it was approved by Parks and Recreation Advisory Board. On May 9th of 2000, the board also then approved an agreement for sale of the parcel that you see on the visualizer today. It's 2.73 acres, and it was approved as item 16(C)(5). The Parks and Recreation Department then sent out a survey in -- January 16th of 200 1, requesting the opinions of the neighbors within the development area as to the planning and development of the neighborhood park. On March 6, 2001, a meeting was held with several homeowners who were interested in the park itself. Upon that Page 163 March 11,2003 particular meeting, we realized there were a number of issues that needed to be addressed. On April 20th of 2001, we sent a letter to all residents again, asking them to attend a meeting on May 10th, 2001, to discuss the future of the neighborhood park. At that particular meeting, Commissioner Henning was in attendance, and after hearing the homeowners, decided to address some of the concerns that the homeowners had at that particular meeting, and we put the development of the park on hold. In September 2000, Naples Parks -- the homeowners requested funding to purchase a neighborhood park in their neighborhood, and the Board of County Commissioners approved using the funding that was available for Livingston Woods at that time to be used to purchase the park land in Naples Park. That then took the funding out of budget for that particular fiscal year. On April 2nd, 2002, the commissioner's office -- Commissioner Henning's office mailed out a survey to the residents regarding the neighborhood park to find out what support there was. The-- Commissioner Henning then sent a letter upon the results of that survey to our office, asking us to put the $95,000 back into the budget for the 2003 budget cycle. On December 10th of 2002 another letter was sent to the residents of LivingstonW oods to attend an informational meeting so we could form a committee of homeowners to determine the best design of the project. That meeting was held on January 8th, 2003. At that meeting, we selected eight residents to be part of that particular committee during that -- from that time until this time, then there was a petition by the residents on February 11th to stop the neighborhood park. And again, that's why we're here today. I give you all of that information to kind of give you a time line so you could see the amount of time that we've spent on this particular park. Page 164 March 11, 2003 I would also like to say, there's been three different attempts of surveys, one by the residents, one by the department, and one by commissioner's office. All three of those have resulted in a positive, in favor of park results. The parcel that you have before you today -- and I want to show you just a little bit closer, because I do believe that when they come up to speak later they might talk about the actual location. And again, I've outlined that in black. It's located along 1-75 on Saul Street, somewhat in the middle of the neighborhood, off to the west -- east side of the neighborhood itself. There are really three options that I brought before you today for your consideration; develop the property as an active park consistent with the park -- approved parks and recreation neighborhood park and tot lot policy, which was approved by the board, conduct another official survey to access the desires of the majority of the Livingston Woods residents, or number three, to sell that property and be -- and to be used in a different location. The recommendation that I have for you -- we took this back to the Parks and Recreation Advisory Board on February 19th, and the Parks and Recreation Advisory Board recommended the development of this parcel as consistent with their original application approval, and the board approved parks and recreation neighborhood park and tot lot policy. So with that, I'm open for questions from you to find out what more depth you would need from me. CHAIRMAN HENNING: Questions for Ms. Ramsey? I'm sure the speakers are going to addresses -- wait, we've got to hold on. Some of the speakers are going to have some concerns that we'll need to address, and I think there are some valid concerns that need to be addressed. But with that, Commissioner Fiala has a question. COMMISSIONER FIALA: Thank you. This is a neighborhood Page 165 March 11,2003 park, right? MS. RAMSEY: That's correct. COMMISSIONER FIALA: Okay. And is it my understanding from reading this that a neighborhood park does not contain tennis courts or basketball courts or baseball diamonds or swimming pools or anything? MS. RAMSEY: The policy that you have before you talks a lot about tot lots, playgrounds, passive activities. We have a dollar amount. We have $95,000 to develop the park. Anything that would come outside of the scope of that $95,000 would need to be funded either through an MSTD or some donation type of funding source. So really what I have is a pocket of dollars available. There are certain things that we don't do. We don't do irrigation. And we will do fencing, for safety. Tot lots, those kinds of things. If the development decided they wanted to do a basketball court in a tot lot and that was the consensus in the neighborhood, then we would probably entertain that, but we really want the neighborhood to help us design the park so it meets the needs of their particular neighborhood. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: What would be the cost of it to have just a passive park? MS. RAMSEY: Well, it would fit within the $95,000 mark. COMMISSIONER HALAS: Okay. MS. RAMSEY: And again, depends on -- passive park to us really consists of playground, walking paths, fencing for safety. That's what a neighborhood park is. We look at the active kind of park as more basketball court, volleyball courts, those kinds of things. CHAIRMAN HENNING: Can we go to speakers, please. MS. FILSON: Yes, Mr. Chairman, we now have 19 speakers, Page 166 March 11, 2003 and with your permission, I'll call two names so one can be standing on-board. The first speaker is Jesse Barrett. He will be followed by Joyce Sells. MR. BARRETT: Mr. Henning and Commissioners, my name is Jesse Barrett and I do not live in Livingston Woods, but my grandparents do. They live on Sable Ridge Lane. I am not -- I am at their house three to four times a week, and I have had an overnight sleepover at their house since I was a baby, and I was 11 years old yesterday. I would like to tell you why I am asking you to vote against the park in Livingston Woods. That probably comes as a shock, since I'm a kid, but here are my reasons for not wanting this park: Number one, the location is not good, and probably not very safe. It is right on 1-75. And yesterday after school my sisters and I went down with my grandmother to the area. We could hardly hear each other talking. We had to shout because of all the traffic noise on the interstate. We walked about 50 feet away from my grandmother, and she called us to come back. We could not hear her. I didn't think this was very safe. How could we feel safe if we cannot ever hear someone who may be warning us of danger? Anything -- another thing, the big trucks make a terrible noise. They sound like they're coming right at you into the park area. What if one of them should flip over and roll into the park and hurt somebody, or even kill somebody? It would never be a happy place after that. And we can't be sure that would ever happen. Number two, I don't think the kids in Livingston Woods would use the park as much as they think they will. Because most of them have better parks right in their own backyard. They have swing sets, barbeque grills, playhouses, tree houses, golf carts, swimming pools, tennis courts, A TV's, horses, scooters, skateboards, bikes, go carts, and some even have fishing pools -- fishing ponds in their backyard Page 167 March 11,2003 to fish in. These are all in their own backyards because their lots are over two acres. Do you think a park is really needed here? Not at all. There is a park less than three miles away in Vineyards, and a new one coming up to be built on Livingston Road about two to three miles away. It will be the biggest one ever built in Collier County. Number three, a lot of times the homeless men are right off the interstate beginning -- begging for money and food. They would use the park as a shelter, drink their beer and leave all their litter behind. And if they smoke, one careless cigarette could wipe out the whole entire area of Livingston Woods. Did you know we do not have not a single fire hydrant in the area? Number four, how easy would it be for a car to pull over on 1-75 and take a child and be halfway to Miami before anyone knew they were missing. Remember a child was abducted in a park last year in Naples. In closing, Honorable Commissioners, I respectfully ask you to relocate this. park to an area where kids have only small yards or the street to play in. Sell the property in Livingston Woods to a nice family who would love to live there just like it is. I thank you very much. CHAIRMAN HENNING: Thank you. MS. FILSON: Joyce Sells. MS. SELLS: I would like to ask Julie Sturdivent to speak before me, please, if I may. She has more information that I will speak off of. CHAIRMAN HENNING: Okay, that's fine. MS. FILSON: And if you would like to come up, Ms. Sells, you'll be the next speaker. MS. STURDIVENT: For the record, I'm Judy Sturdivent. I am a resident of Livingston Woods. I did help conduct the survey that brought this back before, and Page 168 March 11,2003 we worked very hard to put together a map of carefully going through and marking the properties that signed yes, no. The orange is where the park will go, right on the interstate. The green are the five yes votes that signed. The pink I have 91 that said no. Since the last meeting I had people approach me on the road and ask if they could sign it, I had people call my house and ask if they could sign it. We got about six more houses since last time. The purple is commercial. The orange is also owned by the county. We wanted to make this known. I don't know if you want this set somewhere to look at it. I don't have anywhere to put it. Anyway, what an act to follow. I want to clear one thing up: People were not aware that we were getting Regional Park two miles down the road, which is going to be a $40 million -- as Jesse said, the most awesome park we ever want to go to. Willie's Wet World I think we're going to have. We do have concerns with the property. The 1-75, unsafe, predators, kids climbing the fence and teenage hangout. We were given Palm Springs Park as our reference to a neighborhood park by Parks and Recreation. I did go out there. You all have the pictures that I gave you on Friday of Palm Springs Park. And just the disappointment to see how things were not taken care of. The only child in the park that day was on an A TV. The garbage contents were just so disappointing. The play areas were embedded with broken glass. I mean, it wasn't even something you could go clean up easily, it had been there for a long time. We talked to a couple of the neighbors around Palm Springs Park, and they said at the time they wanted the park. Five years later they wouldn't wish it upon anyone, just because of the problems they are incurring with this park. Neighborhood parks on 1-75 are not centrally located. It's not a centrally located parcel in the entire neighborhood. It is on 1-75 at Page 169 March 11, 2003 the very end of the road. We also do have concerns with pricing. It says neighborhood parks are supposed to have a $60,000 approximate cost, and it's been portrayed as 85,000 spent, but it's actually, you know, the 96,000, which is quite a bit. Also a new word has come up to us, tot lot. We've never been talked about a tot lot. We've always been told it's a neighborhood park. According to specifications, minimum acreage for a neighborhood park is three to five acres. We don't have three acres. That's why they pulled it down to a tot lot. The surveys, yeah, we do have problems with the surveys. The last survey that was mailed out by Mr. Henning's office, nowhere on it does it request any kind of a signature or address. We do have a problem with that. They were sent back with a checkmark. We have no idea who sent these back. One person could have made several copies and mailed it back. We're not saying that, but it is a possibility. And, you know, we do have a problem with that. There are 151 houses in the neighborhood. We did account for 91 saying no. That's definitely over half. I think that's all I have to say. Thank you. CHAIRMAN HENNING: Thank you. MS. FILSON: Next speaker is Joyce Sells. CHAIRMAN HENNING: Hold on, Commissioner Halas has a question. COMMISSIONER HALAS: You say right now you have 151 houses. What's the potential for build-out there? MS. STURDIVENT: You know, I didn't check on that. That's one thing I didn't check on. I think we have 206 -- 40? MS. CHERNOFF: It's over 200. MS. STURDIVENT: I think it was 206. Which is what Sandra Taylor originally surveyed. COMMISSIONER HALAS: Potential build-out of206? Page 170 March 11, 2003 MS. STURDIVENT: Yeah. And don't quote me, I'm getting it from them. CHAIRMAN HENNING: Ma'am, you'll have an opportunity to come to the dais and speak. Thank you. MS. FILSON: The next speaker is Joyce Sells, and she will be followed by Holly Chernoff. MS. SELLS: I am Joyce Sells of Sable Ridge Lane, in Livingston Woods, a resident there of 15 years. My husband Donald and I chose this area for its quiet, secluded lots, the natural tropical vegetation. And recently we have seen our beautiful community stripped of some of that beautiful vegetation, a place where the tropical birds used to stand. As I came into my community every day I could see them there, and it was very peaceful, quiet, secluded, a place that we just wanted to run home to every day. But recently our little community had part of that stripped away without our knowledge. We came home to find that after the new Livingston Road went through and the little small area that has opened up to us had those very obvious yellow bands going the entire length of our street by those trees, it soon became apparent to all of us that our natural barrier, sound barrier between our community and Livingston Woods -- Livingston Road was coming down, and they were doomed. We all became a little bit concerned and a lot of us contacted some of you and said we did not know this was going to happen in the meetings that we had all had before concerning Livingston Road going through there. We left those meetings feeling sure that our commissioners and all the other people involved with this would see to it that we had maintained the natural barrier; if not, something certainly was going to be different. Well, after some complaints from homeowners about the apparent upcoming situation of losing the trees, we received a letter from the commissioners telling us the trees would not be coming Page 171 March 11, 2003 down without further study and discussion with homeowners as to alternative possibilities of saving our natural sound barrier. However, less than 30 days, the trees were gone. Every single one of them. Without our knowledge, without even discussing it with us. So today, Commissioners, I want to appeal to you, and I want to say to you, the homeowners of Livingston Woods are a little disenchanted with what we have been told. We're a little angry, and we've lost a little faith in the workings of our government here in some respects. I want to appeal to you today to restore the integrity of this group by acknowledging the will of the people of Livingston Woods in the matter of this park. I'm sure you will have to agree from even hearing what you've just heard so far, that from the very onset of the park situation, it's been a lot of confusion. As most of you know, a young girl named Jessica -- no, Sandra or Jessica Taylor, I can't ever remember which one's the mother and which one's the child, did write an appropriate letter to the commissioners requesting a park in that area. But I don't know if any of you realize that she was a temporary resident there. In fact, after that letter it was only a few short months that she and her mother moved away. However, it just seemed very convenient that her mother did work for -- actually, I believe she was a supervisor of real property here in the county. And naturally, she would know all the wherewithal, the proper procedures to take, matters and ways to facilitate obtaining that park. Yes, we did get some things mailed to us at the time. You know, we got this do you want a park and so forth. Well, I guess we were a little bit like the children in the Night Before Christmas. When we say park, to children especially, you know, they have visions of sugarplums dancing through their heads. And a lot of people just arbitrarily signed that not knowing in a few years we would have this big park just a short ways down the street from us on Page 172 March 11, 2003 Livingston Road. A lot of people did not consider that the Vineyards Park is less than three miles from us, and all the neighboring communities around us are gated, and they certainly would not be coming to a park in our area. So another survey was done. And by this time some people had changed their mind. But you can see that there has been a lot of confusion, there have been a lot of misunderstandings. We have had inaccurate information given to us on many occasions. But I think as you will listen to the homeowners that are here present today, most of us will demonstrate to you that we clearly do not need that park. I think Jesse hit it on the head: The children there have parks in their own homes, in their own backyards. The adults are concerned about the safety of the -- this park for their children. We all know that parks, especially passive parks, and one in our area would be, I presume, accessible to the community people and our own neighborhood children, all hours of the night. And I cannot tell you what visions I have of that going through my mind. I don't think it's a safe place, because many times the teenagers love to hang out in those parks, they love to drink beer there, because nobody can catch them, they love to smoke and they leave their litter behind. And as Jesse adequately put it, we are not really equipped in our neighborhood for a big fire. So today I just want to appeal to your sense of right and wrong. It was an old-fashioned word called integrity. Because, dear Commissioners, every one of you, when you were running for this office without exception -- does that mean I'm done? CHAIRMAN HENNING: Yes, ma'am. You can wrap it up. MS. SELLS: I can wrap it up? CHAIRMAN HENNING: Yes, ma'am. MS. SELLS: Thank you. Every one of you promised your voters, which I am one, and a Page 173 March 11, 2003 taxpayer, that you were going to look out for our money in an integral and honorable way, and I just appeal to you to reconsider the allocation of $95,000 for a park. That was just the purchase of the property. And I just heard the lady over there say it would take about $95,000 more to complete a very minimal park. In my opinion, I humbly beg you to consider that this is not a judicial or prudent use of taxpayer monies, and put this park in a place where it is really needed. Thank you very much. COMMISSIONER HALAS: Can I ask a question? CHAIRMAN HENNING: Commissioner Halas? MS. SELLS: Yes, you may. COMMISSIONER HALAS: You were talking about stripping away trees. MS. SELLS: Yes, sir. COMMISSIONER HALAS: Is this a park issue or is this the road issue? MS. SELLS: It's both, in a manner of speaking. Because it has to do with how we feel our property and our home sites -- COMMISSIONER HALAS: Well, I'm just asking you about the -- MS. SELLS: Well, that had to do with the road, but it impacts the way we feel about our whole community now being at the mercy of you five people, rather than what we desire. COMMISSIONER HALAS: Okay. This wouldn't be any kind of a backlash or something in regards to the -- MS. SELLS: No, sir, because I've been against the park since the day I first heard about it, which is three years or four ago, I believe, yes, sir. I just wanted to bring that up as a reason why we're a little bit distressed. Thank you. CHAIRMAN HENNING: Next speaker? MS. FILSON: The next speaker is Holly Chernoff. She will be followed by Deborah Gideon. Page 174 March 11, 2003 MS. CHERNOFF: Good afternoon. Commissioner Halas, if I may clarify on the ownership in the neighborhood. There are over 200 parcels owned, but that's acreage, and it could be built out at 200, it could be built out at more or less, depending on whether people combine parcels. We are Estates property, we are Golden Gate Estates, and that was what I wanted to say today. We live in the park. Every property is a park. We have trees, we have area, we have space. Everybody has what they want at their house and the neighbors run from house to house and play in each others' yards, and that's the way we want the neighborhood. And when you asked, Commissioner Halas, about the trees versus the park, it is the same issue. Because we are naturally bound by 1-75 and Livingston Road. We had trees between Livingston Road, old Livingston and new Livingston, which bound our neighborhood and kept us in a secluded park-like area where we do not need another park, we do not need you spending that money, but we needed that seclusion, and it is now gone. I'm not here to talk about that today, but it was appropriate, because that is what our neighborhood is about. We live in the park, we don't need a park. I signed the original petition that Jessie Taylor sent around. Jessie Taylor was a friend of my daughter's, Sandy Taylor was a neighbor. And I thought -- didn't give a lot of thought to it. A child was asking for something, and I really just didn't think it through. Now, that's kind of strange, I'm a lawyer, I think for a living. I know how to think, I know how to plan things out and look at the details. But I didn't. Until the Sturdivents and the Browns, who live next to this proposed park, began to talk about the potential problems, it didn't even occur to me. Once that information was out there and there was a form for understanding it, I completely understand that. I would not want that park next to me. And I don't know if anybody's Page 175 March 11, 2003 considering what these people want. One of them's right across from it, one of them's right next to it. They don't want it for the (sic) many reasons. One is, like I said, we live in a park. But the other is for potential problems, for kids being in the park in the middle of the night and making noise, for homeless people being there. And Jesse's right, they're out there on 1-75 collecting money. Where do you think they're going to sleep? They're going to sleep in the park. It's an unattended park, it's very dangerous to our community, and again, we don't need it. That's all I have to say. Thank you. MS. FILSON: The next speaker is Deborah Gideon. She will be followed by Joe Stewart. MS. GIDEON: Good afternoon, Chairman and Commissioners. I'm Deborah Gideon, for the record. I've been in Livingston Woods for 20 years. I've seen a lot of changes. I wanted to review with you the point system used to evaluate for a neighborhood park. As you know, 50 points are required for approval of park development. There are 12 line items for evaluation. The first item, number of children in the area. For this evaluation, 5 points were received. Second item, 3- to 5-acre requirement for the park, 0 points received. Next item, property available for sale, 10 points received. Next item, purchase price of property meets the $60,000 budget, o points received, because this property was purchased $36,900 over budget. Next item, no wetland zoning, 5 points received. Next item, zoned for residential or public use, 5 items received. Letter of support from homeowners, 0 items, 0 points received. Adjacent landowner approval, 0 points received. 50 percent plus one in favor of the park, 0 points received. Minutes of neighborhood meetings demonstrating support, 0 points received. Page 176 March 11, 2003 Neighborhood watch or security program established, 0 points. And finally, donation funding, 0 points. Tabulation of all those points come up with 25 points. It is required that 50 points are assessed for approval of this park. That's all I have to say. CHAIRMAN HENNING: Ms. Gideon, may I have that survey? That's from Parks and Recs? MS. GIDEON : Yes, it is. It's from their -- COMMISSIONER HALAS: Hi, Ms. Ramsey. MS. RAMSEY: Hi. Can I make a comment on that, please? CHAIRMAN HENNING: Please. MS. RAMSEY: If you recall, we brought back a revision to the neighborhood park last summer where we divided the park system into two different areas because of the concern with the lot sizes that we had. And in that particular policy, we brought to you a criteria that the board had established to make it a little bit clearer for people who are going to apply for future parks, what was going to be required of them when they came through, so that the criteria that's being read to you currently is criteria that the homeowners have done themselves over the weekend. And that was never used in our establishment of this particular location. This location was done long before this criteria came into place this summer. CHAIRMAN HENNING: Okay. MS. GIDEON: May I respond? Therefore, if you use the old criteria, there are only 45 points received, and the old criteria is quite vague. I have a copy of the old criteria that was used for the review for this park. So again, you're still below the 50 points required for this lot -- for this neighborhood park. CHAIRMAN HENNING: Thank you. MS. GIDEON: Thank you very much. MS. FILSON: The next speaker is Joe Stewart, and he will be Page 177 March 11,2003 followed by Mark Sturdivent. MR. STEWART: Good afternoon. My name is Joe Stewart. I live at 6570 Sable Ridge Lane. That's about five or six lots up from the Soll Road or Soll Street. We've lived there about 12 or 13 years. I have two sons, a 10-year-old and a 13-year-old son. We live in a park, too. I mean, that's the way our house is set up. Huge backyard, there's all kinds of neighborhood kids in our backyard all the time, and we enjoy having them over. F or me it seemed to be more of a fiscal issue. As I understand it, there's about $95,000 spent for the lot, and about another $95,000 spent that will be required for improvements. It's about $190,000. My view on it is if the board is compelled to spend money to improve our community, that money would be better spent on the buffer where the trees are torn down. So I can tell you, we don't want it, we don't need it. From what I understand from the rest of the folks that I've been talking to, they don't want it either. Thank you. MS. FILSON: The next speaker is Mark Sturdivent. He will be followed by Robert Stetkewicz. MR. STURDIVENT: Hello, my name is Mark Sturdivent. I live at 6411 Sable Ridge Lane. I'd like to thank you all. I had the opportunity to meet and speak with each one of you over the past several weeks. On February 11th when my wife and I brought the petition back, we truly feel that we were trying to be representative of a majority of our neighborhood. We have a wonderful neighborhood. It's been suggested to me that we don't have a wonderful neighborhood, that gosh, I wouldn't want to live there with the problems you have. I wouldn't trade it for anyone else's neighborhood in Naples. And I believe all my neighbors would share the same opinion. We have a diverse group of people who have lived in the neighborhood for many years. I myself have lived there for 10 years. Page 178 March 11,2003 I have an eight-year-old son and a nine-year -- or an l1-year-old son. I live closest to the park. I have a five-acre parcel that is directly 660 feet adjacent to the park, separated only by Soll Street. I myself have the most to gain from a park right across the street from me. I would be the only true walking distance resident, other than the Browns. I have two children that would love and enjoy a park. At the first onset of this, my first inclination was maybe a park would be nice. After your -- I'm sorry, the Parks Department's suggestions to go and look at the other parks that we've built, we've done a lot of homework. We looked at these parks. We've talked to the people that live next to these parks. We've seen the activities that go on in these parks. We love our neighborhood. We don't want this kind of assessment -- or I guess activity introduced into our neighborhood. We have a survey that is of 90 some odd homes, but it has 139 signatures on it. The signatures have said they are homeowners, they are property owners, they're registered voters. They don't want this park as well. We've tried to be as fair as we can, as objective as we can with the entire issue. We have many people in the neighborhood that oppose the park, and we have people in the neighborhood that want the park. We have been friends and neighbors with the people that want the park as well for the times that we've been there. Through these people we've had the opportunity to have some discussions, some of them quite heated, some of them a lot more, I guess I would say coherent and intellect. I've had quite a few people that have shared their opinions on why they thought they wanted the park, and now they have even called me and said, you know, we've had a change of heart. We think we understand what you're saying, we think we see what you're saYIng. I'm not against parks, I'm not against the Parks Department's work. They have -- Collier County is blessed with some of the most Page 1 79 March 11, 2003 beautiful parks that I have ever seen, and I've traveled the whole country. I love the parks that are in Collier County. I love going to those parks in Collier County. Doesn't matter to me how far I need to drive or what I have to do, if it's an activity that I want to do and enjoy, I will travel to the other parks. Again, I have a park in my own backyard. We have many of the children in my neighborhood that come to my yard and enj oy the park and enj oy the setting. We moved there and we built that so that we could have a safe environment that we could see, that we could control and that we would know who was there at the park, our park, and who was doing what in our home and with our family. We try to watch after each other, we try to look after each other, including neighbors that sometimes don't get along and neighbors that always get along. The issue of Jessica Taylor creating this park is an issue that we have a problem with. Our problem is that this park was supposedly started by Jessica with a survey. We don't have accountable results of that survey. All we have is tabulations. I'm not trying to point a finger at Jessica or anyone else, but it really just doesn't look right that her mother, being the supervisor of real property, was directed to purchase this parcel to make the arrangement on this parcel, to make it happen and to put it together. I applaud Ms. Ramsey, after three-and-a-halfyears of finally admitting that they paid $96,900 instead of 85,000. We're concerned that that's been reported as the fiscal impact for three years. The additional money is something that we would like to know where it has gone and why it was not reported. We'd like to think that we have good accurate accounting of our tax dollars, and we would like to see that. In closing, I'd just like to thank all of my friends and neighbors that are out here today. The people that support the park and want the park are my friends and neighbors, and I thank them for being Page 180 March 11,2003 here today. Their opinion is important. Our opinion is important as well. Again, I implore you all to stop and look and think about this. It's our neighborhood, I'm sorry, but not yours. It's ours. Please give us what we want in our neighborhood. Thank you. CHAIRMAN HENNING: Thank you. MS. FILSON: The next speaker is Robert Stetkewicz, and he will be followed by Sonja Stetkewicz. MR. STETKEWICZ: Commissioners, Bob Stetkewicz is my name. I want to echo all the things that have gone by so far, but I live on Soll Street, and across the street from me in one direction is an empty lot and across -- in back of me is an empty lot. And these could be considered parks, and guess what, they're filled with beer cans. Behind me there was a van pulled in there and there was some guy living back there for, oh, God, I don't know how long, but for at least six months, and they finally got it out of there. These are the things that take place. This is just a haven for homeless people. Please, don't make a park back there. Thank you. MS. FILSON: Next speaker is Sonja Stetkewicz, and she will be followed by Ray Bass. MS. STETKEWICZ: Good afternoon, ladies and gentlemen. I am very much against the park because I see what happens on SolI Street where we live. There's an empty lot that is absolutely a disgrace. There is teenagers having parties back there, making a lot of noise, and I have many times called the police, but they disappear. They somehow avoid anybody who possibly could catch them. Another thing is that we have the Harley Motorcycle down the street, and on Sundays they're all testing their new motorcycles and make a lot of noise and run up and down that street. I don't think that's fair to us. And most people know me because I walk my dogs up and Page 181 March 11,2003 down, and I see all the filth that is in that empty lot that has not been sold yet. So you can imagine what will happen to a park. And it's very dangerous today to have children right on 1-75 with all the pedophiles that roam around. A matter of fact, one of the neighbors told me down on Livingston Woods that they had a homeless person there who defecated on their property. I think that is carrying it too far. Please, let's not have a park for these people to gather. Thank you very much. This is all I have to say. MS. FILSON: The next speaker is Ray Bass. UNIDENTIFIED SPEAKER FROM AUDIENCE: He's not here. MS. FILSON: Thomas Bartis. And he will be followed by K. P. Pezeshkan. MR. BARTIS: Good afternoon, gentlemen and Mrs. Fiala. I'm Tom Bartis, I live on Livingston Woods Lane, and I'm very familiar with you all, except the new ones. I haven't anything more to add than our eloquent speech by the young fellow who comes and visits with his grandmother. We have a problem on Livingston Woods because we are so far from the sheriffs jurisdiction. It is very difficult for them to get there. And no one can expect them to do miracles. Consequently, I fear for the park because I am tired myself of beer cans, bottles, condoms and trash that's brought in by some of these people who drive through there, looking for a place to spend about an hour of ecstasy. I would hope that you would look at this very seriously. It would present a problem more than we have now. And I won't keep you anymore. Thank you. MS. FILSON: K. P. Pezeshkan. He'll be followed by Judith Huhlinger. MR. PEZESHKAN: Good afternoon. I'm K.P. Pezeshkan. P-E-Z-E-S-H-K-A-N. I'm one of the newer homeowners down there. Page 182 March 11,2003 I built the house about two years ago. I'm a newlywed. I have an eight-month-old son. And I think if my son could speak today, he would probably also want the park, but being an adult and a responsible parent, I would -- I agree with the Sturdivents and everybody else that was here before me. During construction of our home, before clearing the land, I found numerous beer cans, condoms, just pornographic material. And those are things I wouldn't want my son to come across and start asking me as a three- or four-year-old and trying to explain to him what these things are. And the locations, everything they've said, I mean, I could just go on and on and agree with them. So basically I'm just here to voice my opinion and agree with everything that was said before me. Thank you. CHAIRMAN HENNING: Thank you. MS. FILSON: The next speaker is Judith Huhlinger. MS. HUHLINGER: I'm going to pass because everything's been said I was going to say. MS. FILSON: Tara Bajaj. She will be followed by Robert Boaks. MS. BAJAJ: Board members, some of you may have remembered me from -- CHAIRMAN HENNING: State your name, please. MS. BAJAJ: Oh, my name is Tara Bajaj. Some of you may have remembered me when I spoke on the Whippoorwill Road issue. And I just have to tell you that I'm one of the people that got the letter when I was living up in Wisconsin from the little girl that wanted to have a park, and I did sign. I have since moved down here, built my house, and now I see how things really are. And as my neighbors are telling you, they live on SolI. I live on Livingston Woods Lane but near SolI. I'm adjacent to those vacant lots. And before the man that has the lot for sale, Mr. Olum Page 183 March 11,2003 (phonetic), I think, cleared all of the comer, by mistake, of course -- but before he cleared that, during the night my dogs would bark. I'd get up, I'd go outside, I wouldn't see anything. But you'd hear noises. After he cleared that lot, we found the little fire pit, we found the belongings of the homeless people. And please, understand, I've lived in Bombay, India so I know what homeless is, I know what poor is, and there but the grace of God go 1. I'm not taking a shot at the homeless people. But by the same token, we paid a lot of money for those lots. We've tried to do our best as far as the community is concerned. And, you know, we really can't afford a fire in Livingston Woods. I've come down 1-75 coming from work in Fort Myers. I don't know if you remember, but last year, the year before, and they had the flames in the pine trees, not in Livingston Woods but between Immokalee Road and Pine Ridge. You know, when you're a mother, you get on the cell phone and you say to your kid, leave, go to Pine Ridge Road, just leave. We really can't afford a fire in there. Other than that, I mean, what everyone has already told you, we're all going to say it 100 times, the issues with the garbage and the trash and the fact that the budget and everything is there. If you really want to spend money in our community, I mean, we appreciate it. Thanks. I mean, usually you have to go and fight for somebody to spend money for you, but you're offering us money. Please reevaluate the situation. I think your sign says it all, you're saying united we stand. Well, our community is united, pretty much. And majority rules. And we are trying to tell you, we really appreciate you wanting to give us something, but you're not trying to give us the right thing. Times have changed, people have reevaluated the situation. Consider the barrier. Perhaps. I'm saying just consider, consider a nice walking path somewhere, or a bicycle ride -- a bicycle path that people can ride on. Somewhere where Bob can roll Page 184 March 11,2003 his wheelchair and not be afraid he's going to get hit by one of those Harley Davidson motorcycles. I mean, do you know what I'm saying? Just consider that there's some alternative needs of the community and there's some alternative ways you could spend that money. And that little boy, he did say pretty much everything that we're all here to say. And we just wish that, you know, as in the past you've pretty much heard what we had to say and you've reacted to it, and we're hoping that you're going to hear what we have to say this time and react to it. Thank you. CHAIRMAN HENNING: Thank you. MS. FILSON: The next speaker is Robert Boaks. He will be followed by Chuck McMahon. MR. BOAKS: Commissioners, I'm Bob Boaks. And I look at the way we sit in this world now, and we're all saying democracy, democracy, democracy. Everybody wants a vote. I never received any of the mailings that came out from you, Chairman Henning, regarding the park. I got involved with it after I found out what the park was. Correct -- the Parks and Recreational statement that the park is centrally located, it is one of the most remote areas of Livingston Woods. Probably between 11 :00 at night and 6:00 in the morning, there might be one car go down there. I just say let the majority here speak. We don't want the park. Parks are not supposed to be in the most remote area. That's what happened in the central part, with the Chamber case, if you want to reiterate. We've got a problem, we've got acreage there, we had the trees tore down on the other end of Livingston Woods. The trees weren't supposed to be tore down. You've got acreage there. You could put a walking path in there, you could put a wall up there. If you've got the money in your pocket and it has to be spent in Parks and Recreation and you don't want to look bad, do something for the Page 185 March 11,2003 neighborhood. That's what we want. We want some protection. We all moved in there for the protection. And we're just asking you to let the majority rule. And if you're going to send out cards for us to vote, make sure everyone in the neighborhood receives one, and not just a selective few. Thank you. CHAIRMAN HENNING: Sir, before you go, how long have you lived in Livingston Woods? MR. BOAKS: I've owned the home since last summer. CHAIRMAN HENNING: Okay. The information that I got to mail out a survey to the residents came from the property appraiser. It's the most updated information that we can receive. Now, it's not the latest. The houses and the tax rolls take a while before they get on the site. So I'm sorry you were missed-- MR. BOAKS: Well, no, I'm paying my taxes, they got that address straight. CHAIRMAN HENNING: Well, wait a minute now. You moved there last summer, right? MR. BOAKS: Right. COMMISSIONER HENNING: Okay, when -- the survey I sent out was in March. MR. BOAKS: Of this year? CHAIRMAN HENNING: Was in March of last year. MR. BOAKS: Okay. CHAIRMAN HENNING: So it was before you got there. MR. BOAKS: Okay. CHAIRMAN HENNING: So we got that cleared up, correct? MR. BOAKS: I stand to be corrected. CHAIRMAN HENNING: Okay, and ano-- MR. BOAKS: But what I'm saying is you got the majority here of how many home sites there are and how many people do not want the park. CHAIRMAN HENNING: Okay. Page 186 March 11,2003 MR. BOAKS: And if you believe in democracy, which I hope you do as elected officials, we don't want the park, the majority doesn't want the park. And all we're asking you to do is follow what we want. We don't want it. And if you make a statement that it's centrally located, it's not centrally located. It's at the edge, the most remote area of Livingston Woods. CHAIRMAN HENNING: And the other thing, we cannot mix funds. If the board decides not to improve this, it's going to go back into Parks and Recs budget for -- excuse me, for another neighborhood park, because that is part of the not only community character plan but the wishes of the board for the last few years. MR. BOAKS: And respectfully, Chairman, I gave you the outs on that, that your own property between old Livingston and the new Livingston Road, which was supposed to have the trees remain, and you've made it a moonscape. You own the property. Take and put a passive park up there, put a wall up there, put a walking path up there. And do something to benefit the neighborhood, instead of taking and going down into the remote area of the neighborhood and trying to put a park in a little piece of the property. That doesn't get it. Why wouldn't you go there where you've destroyed it already, all the trees and everything in the area, and put your -- if you have to spend the money on a park, put a walking path up there, put a chin-up bar up there, put sit-ups and everything and put a retaining wall up there and keep Livingston Woods the same. CHAIRMAN HENNING: Sir, I'd love to continue this conversation, if -- MR. BOAKS: I'm asking you. CHAIRMAN HENNING: -- you would call my office. I'm not MR. BOAKS: I want to do it in front of the people. Why don't you answer that question? CHAIRMAN HENNING: Well, very simple, sir. The area that Page 187 March 11, 2003 was cleared -- and I did send a letter because I asked staff to take a look of (sic) other ways to create a water retention area for Livingston Road other than cutting down the trees. They did. They could not. The trees that were standing there, the roots were damaged and, therefore, they all had to come down. That area is going to be water retention, okay? MR. BOAKS: Well, why did we receive a letter that the trees were still going to stand? CHAIRMAN HENNING: The letter that I sent out was staff was going to take a look at to see if the trees could remain. They're going to look into it, okay? MR. BOAKS: Thank you for your time. Let the majority rule, please. CHAIRMAN HENNING: Thank you. MS. FILSON: The next speaker is Chuck McMahon. He will be followed by Kim Kirby. Kim Kirby? Following Kim will be Martie Lesson. MS. KIRBY: My name is Kim Kirby, and I live on Sable Ridge Lane. I'm here to express my disappointment and concern that the commission has deemed it necessary to revisit whether the residents of Livingston Woods want a neighborhood park or not. As I understand it, the reason we are here is because of a petition that was brought to the board one month ago and that this petition put some doubt into the commission's mind about the residents' desires. I would like to make a few brief points about my disappointment and concern. First, I'm a little bit puzzled about why, after two close ballot votes, all affirming the desire by the majority for a neighborhood park, a vocal minority feels the need to go against the majority's wishes. No one likes it when they are on the losing end of an election, but it is in a democracy that we need to learn to Page 188 March 11,2003 move on. Secondly, I would like to talk about the petition, which is what got the commission's attention in the first place. As I understand it, the petitioners communicated that they had 130 signatures of people who did not want the park. I requested a copy of the petition, which I have provided you, and spent the better part of the morning looking it over and comparing it to the tax records of our neighborhood. It turns out there were 117 signatures, but only 73 households represented. How can this be? In about 25 to 30 incidences, multiple people from one house signed, from the same -- or the same person signed two times, three times, and then one and since four separate times. There are also many instances where the last names don't match the tax records. To say that this petition is a little suspect would be an understatement. It bothers me that these tactics would be used to overturn the majority's wishes. I also question the validity of a face-to-face petition as a polling device anyway. Many people find it intimidating and at the very least awkward to take a stand contrary to that of the petitioner. I remember a few months ago being approached by those opposed to the park. I had never met them before, and when it became obvious they were strongly opposed to the park and the negative comments that were made, I was reluctant to express my positive feelings about the park. Third, I find the main concerns voiced by the petitioners a bit amusing. They concern -- they express a concern about the wisdom of locating a recreation area next to 1-75, yet right across the interstate we have the huge Vineyard Elementary School and park. They express a concern about the destruction of wild habitat for animals, yet they propose that the county sell the parcel for a home development. Which would be more destructive to said habitat? They express a concern about noise, yet they live on a noisy Page 189 March 11, 2003 interstate. They express a concern about crime, yet the county has presented statistics that neighborhood parks actually deter or reduce crime. These points of concern just don't seem to hold water. Finally, I am disappointed that this vocal minority is willing to pass on a valuable neighborhood improvement for personal reasons, when the majority of us would be thrilled to have it. This is a neighborhood bordered on three sides by a major six-lane road. And I was looking forward to having a recreation area that my kids could ride our bikes to without being exposed to dangerous traffic. As it is, my kids always feel like there is nothing to do outside, and they too were looking forward to having this park. On behalf of the majority who voted for the park, I am asking that you put an end to the selfish call to reconsider the voters' mandate and to continue to move forward on the planning and construction of our park. Thank you for your time. MS. FILSON: The next speaker is Martie Lesson. She will be followed by Dawn Lange. MS. LESSON: Hi. My name is Martie Lesson. We're missing one. Do I need to wait? Is he gone for the day? COMMISSIONER COYLE: He got tired. MS. LESSON: I don't blame him. I'll tell you, this has been terrible on all of us. People that used to say hi to me don't even say hi to me anymore in my neighborhood if they know that I'm for the park. I have three children and yes, I am for the park, but I would like to say, not at anybody's expense. We never intended this to go as far as it did. Maybe I'm naive, maybe the picture of this, even though it is only two and three-quarter acres, that picture just sounded so wonderful to all of us, not even just all the families that have children, but there are quite a few people in our neighborhood whose children are gone who even told us they would use the park. We have talked -- I've heard so much about the trash down on Page 190 March 11, 2003 SolI Street. Well, guess what? I live on Bottlebrush Lane. There is a vacant lot next to me. I've been there for 15 years. The amount of garbage and empty beer bottles. And we found coolers full of alcoholic bottles before in this wooded lot. Those kids are going to go to these wooded lots. We're hoping -- and like I said, I'm going to repeat it, maybe I'm naive, but we're hoping if this lot is cleared, it's actually going to deter these children. Now, I know a lot of people are saying well, you are invading our privacy, we don't want this park right next to us. People have asked me, how would you feel if that park was next to you? Guess what? I would love it. I have at any given time 10, 12 boys. I have all boys, between their friends and cousins and other neighborhoods. I would love to send them off to a park to play to get them out of my hair. But it's not that easy. I know you can't repurchase property. So we're told if this park is down, there's not a chance again. That park is going to be eliminated, the money's going to be spent elsewhere, and possibly to another neighborhood who needs a park. I disagree with several things. We do not all have parks in our backyard. I don't have a tennis court, I don't have a basketball court. Granted, we do have a driveway and my kids rollerblade. Well, it's not -- you know, the driveway's only that wide, you're not going to get a whole lot of ramps in that amount of space. So I take the kids out to skate parks, take them to Vineyards Park. You know, a lot of people do have horses, they've got -- we all have bikes. But if you make this a passive park with just a bike path, you're still going to have to eliminate all of that pepper hedge, which then there is no barrier whatsoever. Then the budget calls -- well, okay, let's -- how about if we put some more landscaping up there? We never got so far, unfortunately -- as Marla had said, we had planned on getting a committee to actually start planning this park back in Page 191 March 11,2003 January, which is when every red flag possible went up. So we never got so far as to say okay, the people that are right next to this property, they're afraid of, you know, kids being there and making too much noise and causing too much commotion. And I know you've heard all about the homeless coming there. But we don't have any proof of this. If for one minute I thought that this was going to harm the entire neighborhood, I wouldn't be standing here. We've heard all of these claims, but where are they coming from? Actually, there was one park that was visited, and this is where all the claims from -- this was a park way out in East Naples that has nothing to do with Livingston Woods. And yes, there is trouble at the ends of these streets. Like I said, there's trouble on my street. But if we clear -- somewhat clear this lot, give the kids a place to go. We can't ride our A TV's in the neighborhood because it's illegal. We used to years ago. N ow every time an A TV is on the road, there's a couple of neighbors that call the sheriffs. My kids have actually -- the sheriffs have been called on them for riding a motorized scooter. We had a couple of people in the neighborhood that called the sheriffs department because four boys were on bikes and two of them rode into their culvert. They called the sheriff. They actually followed them home, then called the sheriffs. You know, they want to take this, too. Not that we have it, because in a sense we don't. But what are these kids supposed to do? You know, we are surrounded. And we were told years ago we're going to get the park. Now they're saying no, you're not going to get it. And I know that I'm out of time and I'm sorry, but I have one more thing that my boys sat down -- we were trying to make everybody happy . We've got a space here that is completely natural. This happens to be the Browns' house over here, and we can leave a good portion of that undisturbed. They will still have their privacy. In fact, the amount of space that we have left here is actually wider than Page 192 March 11,2003 an average size lot in our neighborhood. And granted, you know, we're not going to get all of these basketball and tennis courts and volleyball courts, but there's just -- there's so much that can be done with this that unfortunately people have not even heard this side of it. They've heard all the negative things. And we're here because we just want people to know that a neighborhood park can and should be a positive experience. Anyway, thank you for your time. MS. FILSON: The next speaker is Dawn Lange. She will be followed by Mike Madigan. MS. LANGE: Hi. Good afternoon, Commissioners. I'm Dawn Lange and I live on Bottlebrush Lane and Livingston Road. I'm a park supporter. One weekend in January, Julie Sturdivent and Mrs. Brown rode up in a golf cart with a letter to the residents of Livingston Woods and a petition to sign. At the time I was in my car on the way out when Mrs. Sturdivent cited her reasons not to support the park. Her letter stated problems with drugs, alcohol, predators driving into our neighborhood from other areas to kidnap our children, environmental damage and other fears. At the time I never thought about the drug use, the alcohol and kidnapping, so in that case I thought, oh, wow, I'll sign, because I was really worried about it. But later that day I told my husband, who always supports the park, what Julie Sturdivent had told me. He said think about it, Dawn, they don't want the park located next to them. Well, Wednesday , January 8th, I attended the meeting at the Golden Gate Community Center held to form a committee of homeowners to develop a site plan. At that meeting I spoke with Marla Ramsey and Steve Whittier about the problems Mrs. Sturdivent cited. Mrs. Ramsey stated there would be no vehicle parking at the park. There would be a bike rack, though. So problem number one for me is no longer an issue, if vehicle parking is not Page 193 March 11,2003 allowed. I asked about the problem with drugs and alcohol use at the park. Both Mr. Whittier and Ms. Ramsey stated that since the county owns the land, anyone using drugs or alcohol will be arrested on a felony charge that also would extend 1,000 feet from the park boundary. Plus the park would be closed from dusk to dawn. So problem number two will be handled by the sheriffs department. As to the issue regarding kidnapping, you know, that really could be avoided if parents supervised their children. Caring parents go to the park with their children and watch them play. I attended the commission meeting on February 11 tho Before the meeting, I spoke with Mr. and Mrs. Sturdivent and told them that since I really did want the park and found those problems could and would be handled efficiently, I felt I needed to strike my name from their petition, which I did do at the time. After the meeting, I spoke with Mr. Sturdivent, I told him that my daughter would love to have a volleyball court in our yard, but because we live in a wetlands area, we would be hard-pressed, following county laws, to cut down cypress trees and fill an area of approximately 50 foot by 80 foot, that's about 4,000 square foot, so my daughter could play in her yard. We don't have that ability. Mark said that they had a volleyball court and my daughter was welcome to come to their yard and play anytime. Well now I'm confused, why is it okay for my daughter to play in their yard but not next door in the neighborhood park? You know, I'm the person that's going to be using the park, my daughter is the person that's going to be using the park, and in the future, God willing, my grandchildren will use the park. Now, I've got some questions. Four years ago when the park was first proposed, did the Sturdivents take a stand? What was it? Did they only oppose the park when they found out it was going to be located next to them? Would they even care if the park was Page 194 March 11, 2003 located next to me? I would really like it located next to me. I really don't want the not-in-my-backyard mentality to overrule this park. The nearest park for us is the Vineyards located along 75 with the traffic and signal lights. That three-mile drive, apparently it is, takes us approximately 15 minutes with the lights and signals. Okay, I'd rather walk or bike to a park than drive. The land for our park consists of approximately 2.73 acres, if I have that correct. If a basketball, volleyball or tennis court was built, the court area is approximately 28 percent of one acre. The rest of the park could be passive use and preserved land, and they -- and I'm sure that the Parks can do a fine job fixing it up nicely. Now, I'm confident that the County Parks and Recreation will adequately maintain the park, and with the sheriffs department on patrol in our neighborhood, they will do their job, too. Thank you all. CHAIRMAN HENNING: Thank you. MS. LANGE: And if you'd like to see the letter? Would you like it? CHAIRMAN HENNING: Yes. MS. LANGE: This is why I was kind of worried. You know, I'm running out the door and I saw that, and I was just really -- CHAIRMAN HENNING: Okay, I'll give it back to you. MR. STURDIVENT: Mr. Chairman, may I ask a question? CHAIRMAN HENNING: You can address the commission after all the public speakers. MR. STURDIVENT: I'm sorry, I just have one quick question. MS. FILSON: The next speaker is Mike Madigan, and he will be followed by your final speaker, Ellie Madigan. MR. MADIGAN: Good afternoon, Commissioners. My name is Michael Madigan, I live on Bottlebrush Lane, in Livingston Woods. My wife and I have lived there full-time residents for the last 12 years. Wonderful years, and we have loved the area that we live Page 195 March 11, 2003 . In. Please do not presume that the objections to this park are founded on a fear of neighborhood crime. This is an erroneous and a fallacious argument on the part of the supporters of the park. The residents who took it upon themselves to survey their neighborhoods did not attempt to use crime in the neighborhood as a foundation for their objections. No one, however, can deny that there is a possibility of homeless people camping out for the evening in this county park. There are far better reasons for not creating this park. One, the county position that the survey sent out by the county clearly demonstrate that the Livingston Woods residents desire a county park in their neighborhood is inaccurate. First of all, this survey was not sent out to every property owner. As a matter of fact, one of them sits here today. Secondly, the survey did not require the individual property owner to designate his residence and sign the document. Anyone could have reproduced copies, marked them as favoring the park, and sent them in. This cannot be considered a valid survey. It should be a goal of this commission to ensure that the majority of the residents in this neighborhood desire this park. Two, the vast majority of the Livingston Road residents live on 2.73 acres of land. This is adequate for the relatively few children in the community on which to recreate. Three, the construction of this park will cost in the aggregate in excess of $200,000 before it is completed, and untold maintenance costs per anum thereafter. This is another example of taxpayers' money directed to projects which have little or no benefit. And I understand there was a discussion about a shortfall, monetary shortfall in the county today. We think that this money could be better spent in other areas. Four, the park as designed will not have vehicle parking. Most of the parents who drive their children to the end of the respective Page 196 March 11,2003 roads to wait for the school bus, if the children won't walk to the school bus, are they going to walk the other direction to this park? I think not. I don't believe this park will be utilized as it's anticipated, and I don't think we can justify spending this money for a facility which will be used by a mere handful, if that. The noise issue has been discussed many times. And finally, please do not spend the taxpayers' money on this project until there is proof positive that the majority of the residents are in favor of it. And those who are opposed to it, I ask them all to stand up. Thank you. MS. FILSON: Your final speaker is Ellie Madigan. MS. MADIGAN: Good afternoon. I agree with -- I'm not going to take much time, because everything I wanted to say has been said by those who are against the park. But one thing I did want to clarify: One of the points made that we don't have to worry because the park will be closed from dusk to dawn, and then we have the police to take care of it. All the immediate neighbors -- I live a mile from the park, and I'm against the park. People in the immediate area will have the burden, and it will be a burden, to police that park. And you call the police -- and I live very near Mrs. Lesson, and I have had the same parties that she's had next door to her. And by the time the police come, they're gone. Now, you're putting the burden on the immediate neighbors. They have to be the policemen. And I think you're putting them in a very bad position. I'm against it. I live a mile away. There is no way I would walk my grandchildren down to that park. If I would have to put them in a car, and if I'm going to put them in a car, I can't park down there. I still would drive the three miles to go to the Vineyards Park where I have every facility that a child would want. Again, just to repeat, if I wanted to go to a park, but I live in a Page 197 March 11,2003' park. And this is a piece of property far smaller than most of our properties. And thank you very much. CHAIRMAN HENNING: Thank you. Real short, Mark, please. MR. STURDIVENT: Yes. Thank you for your time. Again, Mark Sturdivent. Couple comments real quickly that I want to make. One, I have been against this park from the very beginning; one, because I've done my research. I've seen the other parks, I've seen what goes on. I support my neighborhood entirely. I wouldn't want this on any neighbor who doesn't want it. If Martie or Dawn Lange both came to me and said hey, I need help with an issue in my neighborhood or on my end of the street or anything else, they have my word that I am there beside them as their neighbor, no matter what the issue. I will listen to their concerns and I will support my entire neighborhood. The next question I have a concern about is Dawn had made a point that she was told that because this being a county prop -- county park, there is an ordinance about alcohol within 1,000 feet of it. Obviously I live 60 feet from the park, are you telling me that I'm not allowed to have a beer in my backyard with my neighbors? I'm concerned. CHAIRMAN HENNING: Ms. Ramsey will address that. MS. RAMSEY: Not directly I won't, but-- CHAIRMAN HENNING: Thank you, Mr. Sturdivent. MS. RAMSEY: -- that has to do with drugs. And there are neighborhoods where we do have some problems where we've actually -- the sheriffs department has asked us to have some parks -- Copeland happens to be one of those. And the reason for putting the park in that, not only for the neighborhood but also, it elevates the crime of drug to a felony if it's within 1,000 feet of a park site. CHAIRMAN HENNING: And I know Mr. Sturdivent is not going to use drugs. I know him personally.y Page 198 March 11, 2003 COMMISSIONER HALAS: I have some other -- a couple other questions. CHAIRMAN HENNING: Please. MR. STURDIVENT: Are there any questions for me? I'm sorry . COMMISSIONER HALAS: Not as of yet. I'm just trying to address some questions I have here. The first speaker, Jesse Barrett there, was talking about the level of noise that's located at this area where the park would go in. Have there been sound level measurements taken? MS. RAMSEY: Not yet, sir. COMMISSIONER HALAS: Any kind of criteria established? MS. RAMSEY: No, sir. COMMISSIONER HALAS: I'm concerned that could the county get their money out of this piece of property, as far as selling it back as a home site? MS. RAMSEY: I've come prepared to share with you-- COMMISSIONER HALAS: And that other question -- MR. STURDIVENT: I'll offer assistance, if you need it. COMMISSIONER HALAS: And the other question I would like to know is what is the distance or the buffer zone from 1-75, the roadway of 1-75, to where the park would be? MS. RAMSEY: In this particular -- first let me go to the first question -- COMMISSIONER HALAS: Sure. MS. RAMSEY: -- which is what I have up on the thing. The tax roll, as you can see, which I've pulled off of the property appraiser's website, shows the land value currently at $191,100. And you will see that the purchase price, as they have it rounded, was $96,900. To clarify the $85,000, for those that wish to hear that, the $85,000 was the budgeted dollar amount we had when we came Page 199 March 11, 2003 before the board for a park site. That number was brought to the board, and because of the price of the property and the appraisal price that it came in, additional funds were added to that location. So the first one had to do with the budgeted number, not the purchase pnce. I go back to this one here. If you look at -- if I understand your question, it's -- this parcel right here between 1-75 and this line is 50 feet. And then from here on over, our property line, which it actually shows it out to the roadway, but it's truly not, it's 180 by 656 long. Does that answer the question? COMMISSIONER HALAS: Not really. The buffer zone from the roadway of 1-75 to the property line. MS. RAMSEY: Yeah, from 1-75 to the property line is 50 feet. COMMISSIONER HALAS: Fifty feet? Okay, that answers the question then. CHAIRMAN HENNING: Is there anything else, Commissioner Halas? COMMISSIONER HALAS: No, go ahead, maybe there's other questions, I can come back. CHAIRMAN HENNING: Thank you, Mr. Sturdivent. MR. STURDIVENT: Anything else? CHAIRMAN HENNING: No. MR. STURDIVENT: Are you sure? CHAIRMAN HENNING: Yes. MR. STURDIVENT: I'll be happy to add. CHAIRMAN HENNING: I appreciate it, but we'd have to ask you to join up here if we continue this conversation. MR. STURDIVENT: I'd be happy to. COMMISSIONER COLETTA: I'm sure you would. Thank you. MR. STURDIVENT: Thank you. COMMISSIONER COYLE: I'll switch with him. Page 200 March 11,2003 CHAIRMAN HENNING: The -- Ms. Ramsey, the issue about crime in the area and camping, homeless camping, is a valid concern of the residents. Do you have any response to that? MS. RAMSEY: Not really. I don't know how to respond to the homeless issue that would be happening in the park itself. I don't know of homeless living in any of our park sites. I also asked the sheriffs department at one point to share with me any information that they might have about the number of crime cases that they've had in neighborhood parks. They weren't able to generate that for me. I also asked them how many crime calls they've had to this particular location, this lot, which they could not provide me as well. All they could provide was 9-1-1 calls to the Livingston area, which I really wasn't interested in. CHAIRMAN HENNING: Okay. The concern that people have said was so we're going to spend taxpayers' money to improve this property, only to allow people to come over there, drink and smoke and use dope and camp out there, homeless people. Is the county prepared to address those issues? MS. RAMSEY: We do address those issues. We have a group of rangers that are assigned to neighborhood and community parks that do range -- go through a certain set of -- each evening a certain set that they go through to go into each park site, to drive by each park site. But they're doing that in order to make sure that the participants that are there are safe. We do that till about 10:30-ish, somewhere in that area. So -- and that's for the parks of course that are open until 10: 00 at night. Neighborhood parks don't have lights, we don't encourage lights. Although some people want them for security, like Naples Manor recently asked us to put in a security light at that particular location. Each location is a little bit different. The reason for not putting lights in the locations, we don't want the people to be in the park after dark. When it's dark, that's when Page 201 March 11,2003 the park is closed. The sheriffs office works very, very well with us. And if they do see children or adults or anyone in a park after the closing and it is posted, they have the right to remove them from that location. Would they have the same right on an empty lot in that neighborhood? Maybe not. That would be a question for the sheriffs office. But in a park site that is posted that has dawn to dusk kinds of hours on it and they see someone there, they can have them removed. So that is one way that we would address that. CHAIRMAN HENNING: And I believe it's if you have your property posted no trespassing, then the sheriffs department can remove that person from your property, if you so request. Ladies and Gentlemen, I can see where I made a mistake on the survey that I sent out. I was very clear now where there was some mistakes in there (sic), but I can tell you the results of it was very favorable. And I can see where there is on the survey the Sturdivents and the Browns did, it shows that it is not favorable. But there's I guess questions about the validity of the survey that the Sturdivents did. One thing that I wasn't in favor of but County Manager Jim Mudd suggested it, is resurveying the residents. I wasn't in favor of that to begin with because I thought that the residents have been surveyed enough, that this board should make a decision. But I can see where there is some questions about the validity of the survey that the little girl sent out, the survey that I did, and then the survey that the Sturdivents and Browns did. So I would hope that my colleagues could see it favorably to do a resurvey. Commissioner Halas, then Commissioner Fiala. COMMISSIONER HALAS: Some of the things that I'm concerned about here -- and of course I haven't made my mind up; all I'm trying to do is get additional input into this -- and that is that a few years ago there was a big mistake that was made by county Page 202 March 11, 2003 commissioners whereby a group were very boisterous in regards to a particular community that wanted to get their road closed off. We have to remember that the decision that we make today is not a decision that's going to be only for today. It can be for quite a long time. We're going to have probably somewheres in the category of 700 to 750,000 people maybe some day in this community by the year 2024, so when we look at the possibility of getting rid of this land and to appease a group of people, and at this time they say this is the majority, you must realize that if we lose this land and we decide to sell it, that the potential or the possibility of acquiring land at a later date, when we find that it's more difficult to get around in the community, whereby to buy land for a park may not be there. So there's a lot of things that need to be put inside this equation before we come up with a result on this. Whether we should go for another survey, again, that's time and money by staff and by everybody involved in this thing. Maybe we need to. We've already had three surveys. And every one of them -- in fact, we've had four surveys, it looks like, and every one of them has for some reason or another has seemed to be tainted. I realize this is Florida, we've gone through a lot of problems with election processes -- COMMISSIONER COLETTA: There may be a chance. COMMISSIONER HALAS: -- and we're hoping that maybe one of these days we can get it right and maybe we can start off by this neighborhood. But anyway, I just want to make sure that everybody realizes that if we make a decision today in regards to this and then -- or if we don't make a decision today, but whenever the decision is made, that this decision is going to be steadfast for a long period of time. And there may be a change in the community whereby somebody comes back five years from now and says why did the commission do this? So, I mean, we're looking at the whole general picture, we're trying to look out in the future to make sure that the citizens here are Page 203 March 11,2003 well accommodated. So that's one thing that you have to make sure of, okay? CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Thank you. I too -- I don't have a decision at all, but a couple comments I wanted to make, and then I'll make my final comment. First, each side claims they're the majority. I heard that from both sides. How do we know who the majority is? I think your idea, by the way, is a good one, to do -- but this time a positive survey with -- you know, anyway, they said -- I guess on behalf of the county, we were responding to what we thought the neighborhood wanted, and that's why we went forward with this. I thought myself that parks are a good place for kids and families to get to know one another, and it creates a sense of neighborhood, which I think is really important. And they can't really freely go to somebody else. You might have a park in your yard, but then maybe another family doesn't. You can't just go over there and enjoy your neighbor's property unless you're invited or they're home or something. And it sounds like there's already a litter and homeless problem in the area, from all of the things that we've heard. But I think it's the smart thing to do on our part. I don't want to spend taxpayer dollars to build a park that isn't wanted, quite frankly, but I think we ought to get a correct survey, one that we can feel -- if there are 151 homes, we should at least have 140 responses. And then we'll have a good feel for the neighborhood. And if they say they don't want it, fine with me. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Yes, I support your idea, Commissioner Henning, of resurveying the residents. What I would suggest, I don't support putting down the person's name on the survey, I think that's an invasion of their privacy. Page 204 March 11, 2003 I would suggest, though, that the surveys be numbered so that somebody can't run them off on a copy machine, and that would prevent the problem of duplicate surveys being made and turned in and the results being screwed (sic). CHAIRMAN HENNING: Commissioner Coyle? I'm just going down the line. COMMISSIONER COYLE: You're not going to want to hear this. CHAIRMAN HENNING: I always value your input. COMMISSIONER COYLE: I don't know what we're doing here. You know, this is not worth the effort to ram this park into this neighborhood when we are destroying relationships, people who previously were neighbors and I think probably good friends are now enemies? You know, why are we doing this? I'm sure there must be -- (applause) - now, wait a minute, don't get your hopes up yet, okay, because one thing I'm going to tell you is this is in Commissioner Henning's district, and I have always been guided very much by the desires of the commissioner in whose district these issues exist. But -- and I'll go along with the resurvey, but I'll tell you the honest truth, there have got to be places in this county where people are crying for parks. You know, let's go find some of those people and make sure it's in Commissioner Henning's district, because I'm sure he's got some people who would like it. I don't want to take this money away from Commissioner Henning. But I don't know, I'm flabbergasted by this whole thing, and I think we're just making people angry, and it's not worth it for me to build a park there. But I'll go -- I'll be guided by your desires on this, Commissioner. CHAIRMAN HENNING: Actually, issues like this tend to bring, even if they're at odds, it brings the neighborhood together. And on both sides, if I talked to both sides, they say we understand the other side. Well, they're at odds, but it has brought Page 205 March 11, 2003 them together. COMMISSIONER HALAS: Good. I hope so. CHAIRMAN HENNING: And it is still a friendly discussion between the two parties. So be it as it may, I would hope that we can give staff direction to conduct a unbiased survey. Mr. Mudd, I think maybe the proper way to do it is to get both sides together and say okay, this is what the survey says, do you have any objections. COMMISSIONER COYLE: Good idea. Good idea. CHAIRMAN HENNING: Okay? Is that the majority of the . . commISSIoners -- COMMISSIONER COYLE: Yeah, I think that-- COMMISSIONER FIALA: Yes. COMMISSIONER HALAS: Yes. CHAIRMAN HENNING: Okay. COMMISSIONER HALAS: Well, I just -- the only thing I'd like to interj ect in this thing is I hope that we don't keep carrying this on and on and on, that we come to a conclusion. CHAIRMAN HENNING: Okay. I think we need to make a decision from this. Commissioner Coletta? COMMISSIONER COLETTA: Just one parting comment. When this is over, be it a park, or be it the neighbor's yard, I think you ought to put on a barbeque for them and cook the hamburgers. Just to bring them all together. CHAIRMAN HENNING: We'd have to do it at the Vineyards Park or the new neighborhood park. Okay, we're going to take a five-minute break. (Recess. ) CHAIRMAN HENNING: Okay, everybody take their seats, please. I understand that we're blessed with the presence of the Livingston Woods residents because they would like to see a motion. Page 206 March 11, 2003 So Commissioner Coyle I think is ready to make a motion. COMMISSIONER COYLE: Mr. Chairman, I'd like to make a motion that we resurvey the residents, and that in the preparation of that survey, we have residents from both sides of this issue who can review the questionnaire to make sure that it accurately presents the issue in an unbiased manner. CHAIRMAN HENNING: And I'll second that motion. All in favor of the motion, signify by saying aye. Any opposed? (No response.) CHAIRMAN HENNING: Motion carries 5-0. And the motion maker was Commissioner Coy Ie, seconded by myself. Next item. Item #10H AUTHORIZATION FOR THE COUNTY ATTORNEY TO PREPARE AND ADVERTISE ORDINANCES AUTHORIZING THE EXTENSION OF THE FIVE AND SIX CENTS LOCAL OPTION GAS TAXES AND THE VOTED (9TH CENT) GAS TAX =...AEER OVEn MR. MUDD: Next item, Commissioner, is 10(H). We -- this was an item that was brought to you in the February time frame. It was paragraph three that you pulled out because you wanted to talk about the dollars and the impact for the second bonding issue, which we talked about at the workshop on the 28th of February. And we have to go out for readvertisement. You told us to go do that. That's what item 10(H) is. And it directs the county attorney to prepare that ordinance and get it advertised. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: I'd like to make a motion for Page 207 March 11,2003 approval. COMMISSIONER HALAS: I second that. CHAIRMAN HENNING: Motion by Commissioner Coyle, second by Commissioner Halas. Any discussion? All in favor of the motion, signify by saying aye. Any opposed? (No response.) CHAIRMAN HENNING: Motion carries 5-0. COMMISSIONER FIALA: That was easy. Did you spend an awful lot of time here today, Mike? Item #101 RESOLUTION 2003-117 RE: AMENDMENT TO RESOLUTION 2000-455 WHICH ESTABLISHED A FEE SCHEDULE OF DEVELOPMENT RELATED REVIEW AND PROCESSING FEES AS PROVIDED FOR IN DIVISION 1.10 OF THE COLLIER CHAIRMAN HENNING: Next item is 10(1), proposed amendments of Resolution 2000-455, which establishes a fee schedule for development services and related review stuff. MR. SCHMITT: Good afternoon, Commissioners. For the record, I'm Joe Schmitt, community development and environmental services administrator. Before you today is a proposal to approve and amend the fee schedule for building permits at the development review process. You're certainly aware of the majority of operations in Collier County in community development and environmental services division are funded by fee revenue, that is, fees paid by those people engaging services of the community development division. As directed by Florida statutes, fees collected as part of the land Page 208 March 11,2003 development and building construction process are segregated into their own fund, Fund 113, which is an enterprise fund here in Collier County, and can only be used to fund the cost of incurring -- of costs incurred in regulating and servicing the land development and building construction process. By divisions, planning review and approval process, engineering review and approval process, environmental review and building review and inspection services, are all funded by Fund 113. As part of the process, it's my goal to ensure that each service are (sic) fully supported by our customers, that is, those paying for and receiving our services. And the fees charged reflect the division's cost of providing these services and not more. Currently about 70 percent of my personnel costs or my payroll costs right now are personnel costs funded by Fund 113. I'm here before the board today seeking your approval of an amendment of our rate schedule, because our operating expenses have far exceeded the revenue. As the chart indicated, and I'll show you the chart, what basically has happened here, for the public and for the viewing public, what's happened here is basically my expenses early last year, my expenses began to far exceed revenue. And that's the revenue generated under Fund 113. I programmed the 26 percent increase for the fiscal year '03 budget, but given the complexity issue and lack of adequate business processes within the division, it's taken over six months to evaluate and justify the requirements. Since August, 2002, I reviewed the entire budgeting and financing process with the productivity committee, and over the succeeding months with the Collier building industry association, and the development services advisory committee, at both the sub-committee and full-committee levels, and conducted a public meeting on the issue on January 15th, 2003. Page 209 March 11, 2003 Initially my intent was to come before the board to request an increase in the building valuation table, the tables used to calculate building permit fees. And then as part of the '04 budget, to request and seek corresponding increases and planning, engineering and environmental review fees. However, due to the increased operating costs, coupled with an approximately 16 percent reduction in building permit revenue this year, I have no alternative but to seek both the approval -- both an approval to update the construction valuation tables and increase the majority of the development services fees. The division has been operated (sic) on a monthly loss of approximately $400,000 a month. And that's what's showing is this chart. Basically our operating expenses again have frankly exceeded revenue. Ifwe continue on the same path, we'll end up at about a 4.8 million dollar loss for this year, meaning we'll dip in the reserves, all of which will come from our Fund 113 operations. Bottom line, frankly, I can't wait until fiscal year '04 to solve the problem. I briefed the DSAC last week, that the proposal that -- that my proposal today would include both an increase in our development services fees, as well as a proposal for the -- to change the construction valuation tables. Some of the members certainly were riot happy, because all along I've been talking about just raising the valuation tables. But it should be no surprise, because I've been working with the DSAC for almost eight months now, as we begin to solidify our business processes within the division. And at one time I even projected that in order to balance -- and what I was really looking at doing is trying to balance income and revenue, or expenses and revenue for each of my major departments, building permit -- building department, engineering department, and planning department. And I said in order to do that, I would probably need to Page 210 March 11,2003 raise planning fees almost 375 percent. But we have not done that. No doubt your first question's going to come to mind, are we overstaffed? No, we're not real overstaffed. There has been a downturn in permits over the past four months, but frankly, the workload has not slowed down. Three, the land development code amendment cycles this year, expanded community and public participation, neighborhood meetings, demands for engineering and planning services time and resources to meet requirements placed by the board, by yourselves, projects such as the Vanderbilt Beach overlay study, which frankly was funded and paid for completely out of Fund 113; the U.S. 41 corridor overlay study; the Naples Park community character study; a significant issue, the eastern lands and rural fringe transmittal adoption and associated development and implementation policy, some of which is funded by Fund 113; transportation concurrency policy development; and a significant growth in the number of public meetings to include the environmental advisory council, Collier County Planning Commission and the Board of County Commissioners. And I think of interest we've heard talk that gee, when you look at the growth in meetings, and this -- it's a chart, but it shows the planning commission, environmental advisory council and the Board of County Commissioners. Last year we had a combination of 133 meetings that staff supported, which again when you're talking about payroll and you're talking about staff supporting government and good government, we went from 78 to 133, if you look from fiscal year '00 to fiscal year '03. And in fact, you met 63 times last year, 63 times the Board of County Commissioners, in some aspect. And some people have said, gee, they ought to meet weekly. Well, I'd like to see them meet weekly. At least then it would only have been 54 times. COMMISSIONER FIALA: Five-two. Page 211 March 11, 2003 COMMISSIONER COYLE: Do you need a consensus of the commission? MR. SCHMITT: Fifty-two, thank you. I -- take my shoes off. Yes? COMMISSIONER COYLE: I was just joking with you, Joe. MR. MUDD: Commissioner, I will also say to you that Joe has come in with a change that is not probably where it needs to be totally. Originally he went in front of the productivity committee with the whole process, with the 378 percent increase to planning and some other things like that. And Joe had a two-year or three-year period of implementation, and productivity committee said forget that three-year implementation, do it all right now. And what Joe presented was the fact that he needed a little bit more time to get his hands on the definite particulars in planning to make sure that he's got a good nexus between what's being done in that estimate that came forward for his folks, and he wanted to make sure, because it goes under the microscope when it comes out here in front of the public, and he wanted to do that over a series of years. I will tell you, productivity committee said no, do it all right now. I don't agree with that recommendation yet, because Joe does not have the -- every detail that he's going to need in order to support a 300 percent increase in planning fees. And I've chartered Joe to go after that over the next six months to get his hands around those costs so that he can come back to the board early on in '04 so I'm not here in March in '04 going, you know, I really needed that money early on and, you know, I'm here at this particular juncture. So he's got some work ahead of him in that process. But what he's got here in front of you today, Commissioners, is what he can support as far as increases are concerned with hard data. MR. SCHMITT: In that regard, frankly, it's a matter of getting our arms around the process. And some of the -- where the Fund 113 goes. And you're going to hear from David Ellis, probably, in Page 212 March 11, 2003 regards to looking how that fund was utilized. But the process is to come to you during the budget cycle and identify those things that are justifiably defendable under Fund 113. And those things that need to be looked at for other sources of revenue, we'll do that. But I want to talk a little bit about what's happened to our costs. Our external costs have gone up significantly, and those are the costs to pay for the necessary legal support, transportation review services and the administrative support services that we receive throughout the county. What this chart shows in the yellow is the fee revenue, and the red is the personnel cost. So when you look at my personnel costs within the division, they've pretty much kept pace. What's happened, if you look at the base year '96, external costs, that is those costs that are placed upon my division to pay for the -- as I said, the legal services, the other type of activities. Most of the support that I received within the county has gone up considerably. In fact, exponentially. And I have details on that that I could bore you with, but that's frankly the results. One element of our building permit fees within Collier County, frankly, is the fees that are based on the construction value for individual projects. But what basically happens is as we -- the tables are established by the southern building code congress international, and those values are called the construction valuation tables. When community development one-stop shop permitting function was implemented in 1989, the most recent version of those tables published for 1988 were basically used and put into effect. Despite the substantial increases in construction costs since 1988, we have not updated the valuation tables that we used to calculate building permits. As a result, we've been grossly underreporting construction values within the county. For example, we estimate that Page 213 March 11, 2003 we underreported construction values by some $700 million last year and approximately $3.2 billion since 1996. That is -- that's just figures that we report, but it's basically why have we stayed with the 1988 tables? And basically the county's building review permitting -- their building review and permitting department is probably one of the most efficient and effective in the state. The reason we've not changed the valuation tables, because the building department is an income earner, and as such, subsidizes the planning and engineering departments. Frankly, as shown in -- and I'll just show this chart here, basically as shown is the building department has earned about $2.4 million over what they need. Likewise, if you look at planning and engineering, is basically a deficit. And as a result, I'm using money that I'm collecting for building permits to augment what I really should be collecting for the planning services and engineering servIces. My intent when I arrived on-board was to try and balance those business processes. And we're looking at that, and I've been working with the industry, I've been working with CBIA, and they're very supportive of that, but it's a way of at least defining and paying for services provided. A division was set up purposely for that -- or like that several years ago, because when you're talking about 26,000 permitted activities, you can raise a little bit by tacking a little bit on those building permits to augment the planning process. But we're looking at trying to balance those, because frankly what the complaint is now is are we possibly overcharging. We are currently almost $2 million under-funded this year, and if I continue to dip into reserves, frankly what's going to happen is I will end the year probably about $710,000. When you look at my reserves starting this year, almost $11 million, but some of that is through capital investment projects, such Page 214 March 11,2003 as the new building and our improved business protocol or business software that we're purchasing. But if I continue along the same line, I will bum almost all of my reserves. Now, why do I keep reserves? I have to have reserves to pay for services provided. When an applicant purchases a building permit, they're actually purchasing future inspections on a proj ect. And I have to retain a certain portion in reserves in order to make payroll in future years. If everything in Collier County stopped tomorrow and I still had to retain my building inspectors, I have to pay for those inspectors out of the Fund 113. The permit pays for that. So that's with -- actually with the increase in fees, I could stem the tide and slow that rate. I need to bum some of the reserves, and I know that, and that's why we're going to spend this fiscal year looking at the reserves and deciding at what rate should we continue to bum those reserves. Because we had an excessive amount of reserves. And we're still trying to determine what actual amount should be retained, three-and-a-half, four months' worth of operating revenue. Approval of the evaluation tables will basically generate sufficient income to slow down on the draw of the reserves, and we project that we'll end the year as shown here about $7.8 million. Specifically addressing the construction valuation tables, I've talked about that. As shown on the chart, and this is just the chart where we talked about valuation tables, the -- where we show the growth and valuation, basically what's happened is underreporting construction values, and this is where last year alone it was about almost $700 million in underreported. Now, what's going to happen when we change the construction valuation tables? As shown in this chart, and this is just an example, but on the bold portion, and let me -- if you could zoom right down in on there, Jim, thank you. Page 215 March 11,2003 The -- what's shown on the following chart under the construction valuation tables, the average building permit, we're looking at a 2,600 square foot home is about $570 right now for a building permit. And when we change the valuation tables to use the tables from calendar year '02, that will rise to about $715 for a building permit, which represents about a 25 and a half percent Increase. Now, in regards to planning, engineering and environmental review fees and fees associated with land use petitions, with the exception of a brief increase in calendar year 2000, which was later repealed in full, none of the fees in CDS, in the community development services, have increased since the -- frankly, the establishment of the fee schedule in 1995. There has, over the intervening eight years, been an increase in cost of providing required and needed services in the community. And you certainly know that. As I previously displayed, these costs are primarily due to external costs, but of course we kept up with personnel expenses as well, and the staff has grown to meet the demand placed on the community development. Thus at this point we believe it is necessary to ensure that those increased costs are borne by those who receive our services, and that's the development industry. Naturally we know that the industry will -- is going to then -- or that the industry will then pass that off to the consumer. The proposed resolution and fee schedule that's attached to the executive summary and the outline that discusses some of the fee schedules is there for your purview and for your approval. These increases are based on staffs estimate of the time and resources needed to provide certain services. And only those fees where community development and environmental services division clearly incurs far greater costs of providing services than the revenue we Page 216 March 11,2003 currently receive, that's where we looked at raising those fees. In summary, what are we doing? We're asking, number one, to update the construction valuation tables. Those tables will then force an increase in the building permit fees. What I'm looking at, once I get my arms around the income and the necessary business processes within the division, we will probably be back to you next year to reduce the building permit fees, because I'm not asking for the fees to go up, they're going up because of construction valuation tables. But we'll probably come back next year and look at a reduction, once we get our arms around the necessary income. Also included in there is an issue with political signs. Currently campaign signs, basically you pay a $500 deposit. Currently there are no provisions in the fee schedule concerning forfeiture of a deposit for repeat violations if you're asked to remove those signs, and that is inserted in there, and basically what we're asking is staff recommends a forfeiture of $100 deposit for the third written notice for failure to remove signs. I know that's a tough issue, but what that basically is, the code says they have to remove within seven days after the election date. We're increasing reinspection fees. Currently the initial inspections of construction for construction and construction code requirements and each of the crafts areas include the building permit fees charged at the time of the building fee issuance. So you're paying for your permit when you get a building permit fee. Or when you pay your fee, you pay for your inspection. But reinspections you have to pay. Basically right now we charge $50 for the first reinspection, 75 for the second and 100 for the third. We're asking those fees to be raised by $25 each. Again, to cover the cost of sending someone out for reinspection. Also included, and there are a variety of other increases in fees. And lastly, the fire code inspections, which are part of -- as you well understand, fire code and fire inspections are not part of my Page 217 March 11,2003 division, but they're included in the fee schedule that's before you today. And Ed Riley is here from the fire department to talk about those fees, if you have any questions. In sum, we estimate that the increased revenue from Fund 113, if these proposals are approved, that will earn approximately $125,000 a month from the increase in construction valuation tables, about $50,000 a month for the reinspection fees, and another 50,000 in increased revenue from the planning services fees. While the staff does not anticipate that these fees will cover all the revenue shortfall, they will reduce the deficit significantly and prevent the drain on the current requirement to dip into the reserves. So subj ect to your questions, that pretty much concludes my presentation. CHAIRMAN HENNING: Commissioner Halas has a question. COMMISSIONER HALAS: I've got a couple of them, Mr. Schmitt. One of them is that this is basically a stop-gap measure. I guess we need to look at the big overall picture and figure out how the citizens in the county, since we demand a lot of your services where you have to do a lot of research, and we're looking at being customer driven in a sense that these people that demand us to do the research, whether it's the County Commissioners or whether it's the citizens in regards -- like overlay studies and stuff, how are we going to address that in the future as far as how we're going to pay for this product? Has there been any thought given to that process? MR. SCHMITT: Commissioner, I think you've asked the question that even the industry is asking. I'll give you an example. The Vanderbilt Beach study. COMMISSIONER HALAS: Yes, exactly. Because we're trying to -- MR. SCHMITT: What probably should have happened, had I had my arms around the issue back then as I do now, I probably should have came to the board and said if the residents of Vanderbilt Page 218 March 11,2003 Beach want a study, they have to form an MS TU to pay for it. Because what basically has happened, I have in my current planning staff, basically I have 14 planners. Don Schneider -- I had 14 planners but I have three vacant, so let's say I have -- I instituted about five months ago a time tracking system so I can begin to gather data on the process. I had no measures of effectiveness in the organization. I began to establish a process where I can at least account, not to look over people's shoulder, but I need to understand where my time . . IS gOIng -- COMMISSIONER HALAS: Exactly. MR. SCHMITT: -- and how we're servicing the customer. If I have 11 planners in my time study and I looked at my time study, basically 11 full-time equivalent employees and over a four-month period only four were actually -- when I look at the total, only four full-time equivalent hours were being devoted to servicing the customer, plan review process. MS. FILSON: The rest of the time -- MR. SCHMITT: The rest of the time doing good government work -- COMMISSIONER HALAS: Research. MR. SCHMITT: -- research and doing other type of activities. Example, Don Schneider. When Don was in current planning, he was 100 percent funded by Fund 113. Fund 113 are the fees -- of course that's the fund that rises out of permit and land application fees. I was paying his salary out of that fund, but he was really servicing not review process, he was doing a special product for a community. And that's good government and we need to do that, we need to recognize that. COMMISSIONER HALAS: Being customer -- MR. SCHMITT: What I need to do in the '04 budget is come to you and say if we want to do these things, either we say yes, it's a Page 219 March 11, 2003 legitimate expense to fund out of development services fees, or do we approach the community and say this is one where we probably should have said if you want a study, we ought to form an MSTU and you fund that study. Because, frankly, I didn't go to a -- I didn't go to a consultant. I didn't put that under contract. I absorbed that in-house. And I need to do a better job in telling you and informing you during the budget process, because those are the kind of things and in -- those are the kind of things that, frankly, I need to be more forthright in our budget process to explain to the commissioners if in fact we should look at another source of revenue to pay for those type of activities. Because what I'm doing is taking my planning staff -- and this is the most impacted staff, quite honestly, planning and engineering services -- and using them to do the kind of things that need to be done for good government, but it takes them away from servicing the customer. Again, I'm not going to -- that's a policy decision, but it does happen. And that's what's impacted, frankly. It's the kind of issues you hear about the long processes and the review time. COMMISSIONER HALAS: I'm not here to put you on the hot seat. What I'm here to do is to try to figure out what's happening in the process that we're presently in, and what we need to do down the road to make some adjustments here. Maybe we're going to have to come up with some other funding issues, whether it's an MSTU or whether we come up with some other things. But that's all I'm doing is trying to get some background information. Thank you. MR. SCHMITT: Yes. And I will have to do that in the budget process. CHAIRMAN HENNING: I have some questions. Page 19 of the ordinance, No. 20, a variance petition is $1,000. And 25, a sign variance petition is $2,000. It almost seems like we don't like signs. COMMISSIONER COYLE: Barber poles. Page 220 March 11, 2003 CHAIRMAN HENNING: Barber poles, we love barber poles. MR. SCHMITT: Barber poles are authorized. COMMISSIONER COLETTA: Not in neon. MS. FILSON: Getting long days. MR. SCHMITT: We probably have had, I would -- I could only tell you right now, I'd have to do the empirical analysis, but we've probably only had a handful of sign variances compared to the number of land use variances. And it's just the -- CHAIRMAN HENNING: I can guarantee you, you won't have . . any sIgn vanances. COMMISSIONER COYLE: That's right. Not at 2,000. CHAIRMAN HENNING: Mr. Schmitt, do you think -- do you believe these fees are reasonable and just? MR. SCHMITT: Yes. CHAIRMAN HENNING: Do you think your customer feels that -- the customers that you're serving feels that it's reasonable? MR. SCHMITT: Yes. The industry is aware of this, and they've been briefed. And in fact, when you compare our fees to the other counties, we're still probably below -- and many of these fees were (sic) below Lee County right now, to use an example. And the fees are frankly what it cost to move some of these processes through the approval process when you're talking about the environmental advisory council, the planning commission and on to the board, or the board of zoning appeals. The cost is borne by the applicant and not by the general fund. CHAIRMAN HENNING: Okay. The -- when does this fee schedule take effect? MR. SCHMITT: I'm proposing that this would go into effect April 15th. CHAIRMAN HENNING: So if I want a vegetation permit, I need to get it beforehand? MR. SCHMITT: I would recommend so. Page 221 March 11,2003 CHAIRMAN HENNING: Vegetation removal, less than five acres, or a fence permit? MR. SCHMITT: Yes. CHAIRMAN HENNING: Okay. Any other questions? Any public speakers? MS. FILSON: Yes, Mr. Chairman, we have one public speaker, David Ellis. MR. ELLIS: Good evening, Commissioners. I'm David Ellis, I work with the Collier Building Industry Association. I did want to make some brief comments about the fees. The industry's never said they weren't interested or even expect to pay appropriate fees for this important process, and would say even like impact fees, we need to have a regular process of review in updating these fees. To date, to last year, even with the old valuation tables, we were able through that program to accumulate $11 million surplus in those programs. So the program generally worked, and has worked up until now. And certainly there's some questions. We'll never say we don't -- we wouldn't -- we want to pay reasonable fees, we're happy to pay reasonable fees for reasonable service. I think one of the things that needs to always be pointed out, the actual -- the state laws that oversees these funds says such funds shall be used solely for the enforcement of the provisions of this part. And it was referring at that point to the codes that are affected. So really, it's for the review and for the enforcement of those sections of codes. And we look at that, there are some questions that relate to the fund. And I think one of the major questions was the one you raised a minute ago, Mr. Halas, is are we spending money from the 113 funds that really isn't properly being spent and it could be -- and I would allege -- not allege, I would assert -- that some of those funds are inappropriate, and they're one of the reasons why those -- that Page 222 March 11,2003 $11 million is being quickly drained. Collier County right now, we're building a new building out of that fund. And, frankly, a large part of the use of that building isn't for 113 services. Now, those people using the building that aren't 113 are going to pay rent back. But that's one of the reasons why there's a big hit coming out of that fund. So when we see that reserve drop dramatically, it's because of that. I mean, we could say hey, let's do the building condo, let's let the other divisions that are going to use that pay for it. We elected to fund it through that fund. Once again, we saw an opportunity to use those excess resources that were accumulated over the years. And even then, one of the things that's impacted this area is we've lost the interest income. Interest income on 10, $11 million was a lot of money. That money, we no longer get that. The change was made I guess year before last where that money does not come back to the fund. And that was a revenue source that was very helpful in keeping those funds -- or those fees stable. It is a concern for us. I'll tell you, your staff has done something really with these funds that I've never seen done since I've been here. They've done a thorough investigation looking at the funds. They spent a lot of time, Mr. Schmitt, Mr. Baker, Mr. Mullee, they've done a nice job of really trying to break it down and understand it. What they presented today, I promise you they won't contend is perfect. It is a move in the right direction to try to cover this. I only wish we'd have spent as much time and resources trying to figure out a way to plug the hole in the bucket, as opposed to trying to figure out how to get more water in the bucket in terms of this. There are some broken parts of this process. I'm very encouraged that Mr. Schmitt is right now initiating it. As a matter of fact, I think the meeting's on the 21 st or the 22nd; you'll have to remind everyone. MR. SCHMITT: March 21 st is the meeting. Page 223 March 11,2003 MR. ELLIS: We're starting a process where we're going to significantly review these fees and where they're coming from. We had hoped originally that today we'd just be talking about the valuation tables, that we'd initiate work through that process and then come back to you next year and say yes, there are some planning fees that need adjustment, there's some other areas of fiscal management that need adjustment, and bring that to you. Unfortunately we don't have that luxury at this point because of the concerns of the budget. I really -- Commissioners, I realize you're going to probably approve these fees today, and as you do, I would ask you to strongly direct your staff to work in those processes, to look at these fees. Those permit numbers you were just talking about and having a little fun with, those are significant amounts of money. And maybe they're required. But once again, it's one of those things, when you look at it, are we truly getting what we're paying for in those processes? Again, I won't pretend to come to you today and try to say don't do this. It's a concern, it appears the money is needed. But let's also work as diligently to try to repair that process so that when we come back next year and we look at this, we feel a lot more comfortable with what you're actually approving. And that's it. Thank you. MR. SCHMITT: And just to clarify, if I could comment, these fees were in the budget last year, we just never again came and formalized it. I will continue to track time to assess the business processes within the organization. I'm going to look at the '04 budget and come to you with a clear delineation of where the expenses need to be, at least expenses in regards to the budget development. And as David said, I'm committed -- March 21 st we're meeting with several of the representatives, EDC, DSAC, CBIA and others, to look at our processes, our review processes, and look at what kind of Page 224 March 11,2003 things we can do, both internally and externally to improve our processes. And we're going to establish realistic performance standards. Now, those performance standards are standards where I will be committed to the industry to provide a timely review, but as Mr. Ellis certainly knows, that sometimes those reviews are not up to par, and oftentimes what leads to that delay, that six-, eight-, nine-month process as to two and three and four times the submittal process. So we're going to be looking at both the industry and my division, principally the four departments that do the review processes, and look at ways we can improve the process. But I will not, I will not allow any system to be implemented that will circumvent or abridge in any way the land development code. So that's my commitment. CHAIRMAN HENNING: Mr. Schmitt, a question. So in the near future you're going to be taking a look at all these charges and make sure that the permits that are given out is a fair (sic) and just and is not taking a burden from some other kind of permit? MR. MUDD: Commissioner, let me interject here for a second. What he's got, the way that system was set up, permit fees paid for everything in community developments, including engineer, planning and everything else. And it was all done on permit fee. And what Joe needs to get squared away is he needs to find out what the cost of plan review is for that PUD, so that when the charge for that planning fee is done, when that PUD comes in, that it's right-sized the way it's supposed to be, and it gets no money from the permit side. So when he mentioned in the statement -- CHAIRMAN HENNING: I got it. MR. MUDD: -- that he would come back and adjust the permit fees next year and they would probably come down, it's because those other planning fees and engineering fees will being going up Page 225 March 11,2003 and be at the right level. CHAIRMAN HENNING: Okay. MR. SCHMITT: And those are building permit fees for the building permit and review process. Not the planning review process, the building permit process. And we're going to look at that. W e'lllook at that with productivity committee and others to ensure that we are balanced. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: So you're going to come back to us next year and possibly with adjusted rates, but you need this money now -- MR. SCHMITT: Yes. COMMISSIONER FIALA: -- is that what you're saying? MR. SCHMITT: Yes, Commissioner. COMMISSIONER FIALA: So when is next year? MR. SCHMITT: Well, it will be part of the '04 budget presentation. We'll be looking at -- I'm going to be looking at my external costs as well and explain so you have a clear understanding of those kind of things I have to payout of the various funds that I have within the division, and what I need to pay for out of 113 and what other things -- I'll be talking to my boss about that as well, and are there other ways to pay for some of the activities that frankly you, the board, is asking of the division. And of course we cover a broad spectrum within the community. COMMISSIONER FIALA: But that will only give you a few months to weigh if this is effective and what the charges really should be. MR. SCHMITT: Well, I can pretty well assure you the fees that we're here -- that you show -- or that are shown here for the planning process will probably stay where they're at. What I'm really looking at is the building permit fees eventually will probably be reduced. But again, that's going to be a decision. I may come back to you Page 226 March 11,2003 and say I'm going to need to leave the building permit fees where they are, because they have to supplement the other activities within the division. It's just economies of scale. MR. MUDD: Commissioner, he can give -- and I just talked to Denny, and Joe wasn't part of that conversation, so -- and we haven't worked out the reading minds yet. But first meeting in September, we can come back to this board with the fees aligned to where they're supposed to be so that we can start the FY in the right way, instead of sitting there half knowing and somebody's subsidizing another particular task by a different person, so -- COMMISSIONER FIALA: Well, my question just was can it be done in that -- MR. MUDD: Yes, ma'am, we-- COMMISSIONER FIALA: -- short period of time frame? MR. MUDD: -- will get it to you first meeting in September. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Yeah, I'd like to make a motion that we approve the fee increase and the new fee proposed. COMMISSIONER FIALA: I'll second that. CHAIRMAN HENNING: There's a motion by Commissioner Coletta, second by Commissioner Fiala to accept the fee structure. Any more discussion? Seeing none, all in favor of the motion, signify by saying aye. Any opposed? (No response.) CHAIRMAN HENNING: Motion carries 5-0. Item #1 OJ JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR Page 227 March 11,2003 ADVANCEMENT OF CONSTRUCTION FUNDS AND ALLOCATION OF URBANIZED AREA FUNDS FROM FDOT FY 2004 AND 2005 IN THE AMOUNT $1,080,000 FOR USE ON THE SR 84 (DAVIS BOULEV ARD)/CR 951 (COLLIER BOULEVARD) Next item is 10(J), request board's approval for a joint participation agreement, Florida Department of Transportation, for advanced construction funds for something. Oh, yeah, Davis Boulevard and Collier Boulevard. MR. FEDER: Mr. Chairman, board, for the record Norman Feder, transportation administrator. COMMISSIONER COYLE: Motion to approve. CHAIRMAN HENNING: I'll second it. Is there anything we need to get on the record? MR. MUDD: Commissioners, if you don't do this project, you're back in a moratorium, okay? And that's the bottom line on that. We came out of it because of the land development code and the growth management plan that was approved in Tallahassee, and it talked about that three-year piece instead of the one-year piece, and that came out. But if you don't approve the proj ect, you're back in it agaIn. MR. FEDER: And the last item I'll bring to your attention, Mr. Chairman, is that the 890,000, we're not going to give the notice to proceed because we have to do the joint participation agreement until after July when those funds are (sic). Again the state's work program says no advancement of that portion. 190,000, which is a specifically programmed resurfacing project on Davis, that we will in effect be advancing for one year and get paid back about the time shortly after the project is completed. COMMISSIONER FIALA: So most of these funds will be advanced. We'll pay for them now and they'll be repaid to us, is that Page 228 March 11, 2003 MR. FEDER: Most of the funds we will have readily available to us. It's a budget change as opposed to an advancement of dollars. COMMISSIONER FIALA: And we're sure the state's going to pay us back on those? MR. FEDER: Yes. Because we will have them that year specifically provided to us. COMMISSIONER FIALA: There was some question this morning, so I just wanted -- MR. FEDER: Yeah, I understand. COMMISSIONER FIALA: -- to clarify that. MR. FEDER: These are the funds that are the current year, $890,000. CHAIRMAN HENNING: There's a motion on the floor and a second to approve this item. Anymore discussion? Seeing none, all in favor of the motion, signify by saying aye. Any opposed? (No response.) CHAIRMAN HENNING: Motion carries 5-0. Item #10K CONCEPTUAL AGREEMENT WITH LEL Y RESORTS AND STOCK DEVELOPMENT CORPORATION REGARDING THE EXTENSION OF SANTABARBARA BOULEVARD BETWEEN DAVIS BOULEVARD AND RATTLESNAKE-HAMMOCK ROAD- AEEROVED Next item is 11 -- am I wrong? MS. FILSON: 10(K). MR. MUDD: 10(K)-- CHAIRMAN HENNING: 10(K). Page 229 March 11, 2003 MR. MUDD: -- Commissioner. That's conceptual agreement with Lely Resorts and Stock Development Corporation regarding the extension of Santa Barbara Boulevard between Davis Boulevard and Rattlesnake-Hammock Road. And Norm will present. MR. FEDER: There's been some discussion on this issue for some time, as this board is well aware, so I'll try to make this fairly quick and then open it to any questions you might have. I have in front of you and on the teleprompter for those in the audience an overview of the area. As you know, Lely Resorts, through their development with the county and their development of regional impact, DRl, had committed to develop a provision of a six-lane arterial through the center of Lely Resorts. As they've developed, they've developed essentially a four-lane facility at this time in the southern portion down here and up to Grand Lely Boulevard. And the southern section is four-laned today and it doesn't go all the way up to Rattlesnake at this time. There's a lot of concerns raised relative to the development of a six-lane arterial, questions as to what's been developed out there, whether or not a six-lane arterial in fact could be developed in that spot. And through a number of discussion sessions with the neighborhoods off of Rattlesnake, Parker's Hammock and others, as well as with folks in Lely, the discussion brought to this board some two years ago when you asked me to analyze it was a consideration of utilizing Polly, which is existing today from Rattlesnake up to a point about ranging from 160 to 165 feet of right-of-way to a little over 100 today, and utilizing that corridor all the way down to Rattlesnake, utilizing Rattlesnake from Polly over to Collier Boulevard or County Road 951, and then bring 951 on down to 41 as an alternate, with the development of a four-lane collector, a major collector road as opposed to an arterial within Lely itself. And to do that, the concern of the board and what we've been Page 230 March 11,2003 working on, is for the developer then to make some commitments to allow that to happen commensurate with the reduction in what they were building within Lely itself. To that end, what we're showing you on the graphic that we've come to a conceptual agreement on, wanted to get your direction on whether we move forward with a developer contribution agreement is that Lely, and we've worked with Mr. Joe Ryan, who is -- I understand now is a consultant for the owners of Lely, as well as Stock Development Corporation, who has now purchased the southern portion. And in dealing with them, they've agreed to take on the stormwater for 951. And this is very important, because also, as you remember, we had folks concerned at the Verandas development on that west side of 951 where we have 125 feet of right-of-way and then we have the canal on the east side, that we stay within the right-of-way as best we can. By these two developments accepting the stormwater, that allows us again to stay closer within that 125 feet, which is what we're seeking to do. Where we need some property beyond the 125, the commitment of the two developers was to provide 25 to 35 feet of additional right-of-way, shown in blue in those three intersections, allowing those intersections to be properly developed and functioning, as well as commitments within their development to make those intersections work properly. The other thing that I'll note to you, that yellow that you see, that thin strip all the way down, is a commitment by both developers, at least on the concept to be considered, is provision of limited access rights for that one-foot strip. In a sense saying that there will be no more access points on 951 from the west, other than the three major access points that you have today within that stretch of just over three miles. That's very, very significant. Because what we've said with that Page 231 March 11,2003 and their agreement to allow their internal sidewalk and bike systems to be utilized, that we can then take that 125 feet, develop a good six-lane facility that will meet the future needs of the area within that 125, not come within the Verandas area. The cart (phonetic) for that drainage, the right-of-way, we'd have to purchase throughout offsets as just shown in your executive summary. The additional costs that Lely and Stock would have had to pay to six-lane and establish an arterial within their development. The last component of that is -- is if we are not going to go six -lane through Lely, then that brings back the issue that we had discussed with the board about the prior decision, prior board to go to alternative A, which is Polly, a two-lane roadway, and then C, a six-lane, basically, coming off the Santa Barbara Extension, south of Davis, to connect up to that six-lane facility. If in fact it's not going to be an arterial, that demand to connect, which is going to impact at least 1 7 to 20 homes within Parker Hammock, is something that we're recommending to you, as we brought to you two years ago, that we stay within the Polly alignment where we will not have to take a home, stay within about 160, 165 feet of right-of-way and build a four-lane facility that our records show should serve for quite some time in the future. So that's the concept, very quickly, and I'll open it to any questions. COMMISSIONER FIALA: Two questions, if I may. And then while Tom is out, I'll call on anyone else who would like to ask. First of all, this new alignment on 951 will -- with the water management, will that now protect the Verandas? And if so, like how much? MR. FEDER: Yes. What we're doing is in that area we're trying to stay exactly within the existing 125 feet so that we'll not come closer to them. Again, please understand, we have not designed this facility. We've tried to bring in some design experts in Page 232 March 11, 2003 our staff and outside to try and look at it, but we feel fairly comfortable that we'll be able to stay within the 125 or very close to it to make sure that we don't impact the Verandas. COMMISSIONER FIALA: And, you know, one of the big concerns is protecting the people in old Lely and Lely Golf Estates. MR. FEDER: Yes. COMMISSIONER FIALA: And although we've spoken of it and how we're going to protect not only St. Andrews Boulevard but also Augusta, I would like you for the record to tell us about that, please. MR. FEDER: By all means, Commissioner. And I appreciate that. That blue star that you see on the map is there, and the legend shows, to restrict some movements. If we establish a four-lane on the Polly alignment, coming down to Rattlesnake across and tying up to St. Andrews, the concern is that we don't encourage that flow movement onto St. Andrews. What we're proposing initially would be to establish essentially two lefts and a right to go at the same time, give predominant signal phasing, the green time, to those movements, very little green time to the through movement in either direction, either coming out of St. Andrews, the ones who seek to go north, or anything coming south that might try to find its way through St. Andrews. So that while you maintain access, we don't stop that access. We restrict it very much by the amount of time allowed and therefore the backup created. If in fact that doesn't work, we could look at coming in with basically a restriction there at St. Andrews where through traffic in either direction could go that would be right-in, right-out of St. Andrews. But we'd like to try it the other way and see if we can make it where it works for the community, both not bringing too much traffic through them, but also giving them access to the north. COMMISSIONER FIALA: So in other words, if that doesn't work, then you're going to do something like you did for Donna Page 233 March 11,2003 Street on -- MR. FED ER: Well, you'd restrict -- COMMISSIONER FIALA: -- Radio Road? MR. FEDER: -- it so it doesn't go through but not close off the community -- COMMISSIONER FIALA: Right. MR. FEDER: -- a right-in, right-out -- COMMISSIONER FIALA: Right. MR. FEDER: -- yes. COMMISSIONER FIALA: Okay, Commissioner Henning? No, you're Coletta, aren't you? COMMISSIONER COLETTA: The good-looking one. That's quite all right. My question is going to Lely Resort Boulevard. Eventually it's all supposed to be four-laned, right, under this agreement? MR. FEDER: Yes. The other thing I didn't touch on is you've got Edison Community College right here, as Jim's pointed out to you, right in this section. And they're ready with $1 million that they have from the state to build that section between Cultural up to Rattlesnake-Hammock, the two-lane initially. We understand the concept in that section that calls for -- up to Rattlesnake is eventually by Lely Development to build a six-lane in that section, but everything south of there would be no more than four lanes. The portion that's built today of course up to Cultural and then to Lely is all four-lane at this time. The section in here north of here doesn't exist, but Edison will be building that section between Cultural to Rattlesnake, at least two initially and eventually, as we understand, ultimately six. COMMISSIONER COLETTA: Can we possibly include some sort of time frame in the agreement so that we know when this is going to happen, rather than just have it understood that it's going to happen and it might be 25 years from now? Page 234 March 11,2003 MR. FEDER: We'll get with both developers -- I think that's a very good point, Commissioner -- and make sure that the four-lane collector status, both the people in the community and for the overall community, that that connection all the way up to Rattlesnake is set in the time frame so everybody knows when they'll have access. COMMISSIONER COLETTA: I realize that we're moving this forward so that Edison College can take advantage of that money so they can get that -- the road connected to -- I'm sorry, where am I now, over to Rattlesnake, that connection. That's absolutely -- that's important as can be. And I wouldn't want to hold this up, but I still have great concerns in the fact that we have never reached agreement with Lely over that land that they have for the cultural center. I was hoping that it would be part of the agreement, but it obviously isn't. And I'm not going to ask this group to hold it up, but I want to remind you all that that is still in suspended animation. That is money that belongs to the county, a resource out there that eventually has to be settled on. Hopefully it's sooner than later. MR. FEDER: Hopefully what we could do, Commissioners, if I can, just quickly to wrap up, if I have your concurrence on development of a developer contribution agreement, we will not do that until after the workshop is going to look at all of Logan/Santa Barbara in case that raises any modification to the lane calls or the issues relative to Santa Barbara Extension, that Santa Barbara/Logan, where it's April 16th, am I correct on that, 16th of April, 15 -- 16th of April workshop. So we will not finalize nor bring it to you until after that, the actual developer contribution agreement. What we wanted to do, as Commissioner Coletta pointed out, is be in a position to allow Edison not to lose those funds which expire after July 1. And important in that was the decision by this board, which I asked you to hold off previously, is to go away from alternative A and C as your alignment to basically looking at A on Polly. Because then no longer are we Page 235 March 11, 2003 trying to get that connection of Grand Lely, Lely Resorts specifically to an alternate C, which was the issue that was holding up our ability to allow Edison to move forward. MR. MUDD: Commissioner, just -- COMMISSIONER FIALA: I would just like to say -- excuse me -- would this mean then if we approve this today, I notice the land is for sale at the comer of Davis and what would be the extension of Santa Barbara right now. That means rather than have an apartment or something built there, we could move forward with this? MR. FEDER: We would need to move forward on the design. We have program design for whatever the Santa Barbara Extension, in this case through this Polly would be. But we would have to design it before we could start acquiring right-of-way, to know exactly the right-of-way we need. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Yes, thank you very much, Commissioner Henning. Would-- CHAIRMAN HENNING: My pleasure, Commissioner Halas. COMMISSIONER HALAS: We're getting punch drunk up here. What Commissioner Coletta brought up I think was very apropos, and I think we need to hold the developer's feet to the fire so that we get a commitment out of this and out of him in the very near future so that we can design the road in regards to that and know what areas of traffic that we're going to incorporate in this area also. Because with the other developments that are coming on-line, I think we need an answer soon. MR. FEDER: As I understand it, that issue is on a separate track, but we are trying to look at both issues, although it's not dealt with specifically in this developed (sic) contribution agreement, if we could make some progress there. I know it's the board's desire, as well as staffs desire, to try and get both issues addressed. But right Page 236 March 11, 2003 now it's running on its own separate track and so we didn't put it as part of this issue right now. CHAIRMAN HENNING: Thank you. We've got some public speakers. I just -- MR. MUDD: Commissioner, just one piece, and I want to make sure that we understand it. And I've been making all kinds of points with Commissioner Fiala today. She's about ready to kill me, but -- COMMISSIONER FIALA: Yes, so be careful this time. MR. MUDD: I will, ma'am. I want to make sure that you understand that that DCA, the agreement that you're going to come into agreement with, you're finally going to ask Norman to go out and get done, will basically forgive the Lely Resort folks from a six-lane road going down the middle of their development. And so Norman's going to try his darndest as he goes through that to get a (sic) equitable deal for the county to compensate so the fact that it's only going to be a four-lane road going all the way down in this particular area, so that we still maintain our traffic and we don't lose anything by giving that up. And I just want to make sure, this DCA isn't -- well, he just laid over and played dead. No, no -- COMMISSIONER HALAS: Oh, no, no, no. MR. MUDD: -- he's asking the board for forgiveness on -- from six-lane to four-lane through the development. So I just want to make sure, because we've got to be straight on this DCA, because I know exactly what happened when we got into the Foxfire thing, and we've been getting creamed by it ever since. I want to make sure the board understands that this DCA is going to be scrutinized by many, many people as we go through it, as Norman lays this out. CHAIRMAN HENNING: Mr. Mudd, I've been working with Mr. Feder on this, and he is not going to allow anybody to slip on their commitment. He is dedicated to making sure the developer is Page 237 March 11, 2003 going to have a fair share contribution in exchange for not running six lanes of traffic through the people's neighborhood. And that was the commitment by the board, and Norm, has hold (sic) his feet to the fire so we don't have to do that. MR. FEDER: Mr. Chairman, I appreciate that. And I will tell you that what you have here with Rattlesnake right-of-way, the right-of-way and limited access rights, future access from the west, as well as accepting the stormwater more than offsets and does put us in a position, even with the Verandas built as close as it is, to be able to develop a viable six-lane that's desperately needed for 951 in the future. CHAIRMAN HENNING: Correct. Commissioner Coyle? COMMISSIONER COYLE: You've given me basically what I wanted, so I'll just emphasize it. There is no forgiveness here, okay? What you're really doing is transferring the cost that the developer would have used to develop a six-lane road from the developer to us. In other words, he's giving us that money. And -- essentially, okay? And it works to our benefit and to the benefit of the residents itself. MR. FEDER: Very much so, Commissioner. What I would say to you actually to highlight that is the normal development of regional impact, it's extremely unusual -- and since none of us were here, I'll make the comment -- it was extremely unusual to allow an internal roadway improvement to be the mitigation for the nature of impacts for a development this large. Normally improvements to Rattlesnake, 951, just like we're now asking for in lieu of is what normally would have been required in this project in its initial review and requirement. CHAIRMAN HENNING: Okay. Can we go to speakers? Go ahead and call up the -- MS. FILSON: Mr. Chairman, you have -- CHAIRMAN HENNING: -- first speakers. Page 238 March 11, 2003 MS. FILSON: -- three speakers. Reverend Peter Lyberg. He will be followed by Bob Murray. REVEREND L YBERG: Good afternoon. It's been a great time. You've had a lot of things to contend with. I'm Reverend Peter Lybert, retired from Shepherd of the Glades Lutheran Church on the comer of Rattlesnake-Hammock and Polly, which is route A that's been discussed. It's interesting that we've gone full circle from where we were 10 years ago. We were going to build route A when the rest of Santa Barbara was built, and it didn't happen. And it's gone all over creation before it got back to route A again. It took three arrests and five elections. But it's a better situation than what I've looked at before. COMMISSIONER COYLE: And no golf. REVEREND L YBERG: The -- Mr. Feder and I, we've debated, oh, umpteen times. I don't know how many meetings we've gone to and sometimes agreed, other times disagreed, but I highly commend him on this. We've finally got something that makes sense in terms of just so many factors about it. It's a -- as has been mentioned, it's a resident friendly resolution to the needs, the traffic needs of the area. It takes no homes. The people who have been just on the edge of their chairs wondering whether they're going to have a road through their garage or their backyard don't have to worry about that if this proceeds. It saves money, because C was a very expensive route. The gentleman who had his job about three gentlemen before him got chewed very, very hard because he proposed A as the most cost-effective, and that was the last time I saw him was that one. So it's a good answer. The only suggestion that I would make, and I've urged this on a number of occasions, one is that it be moved -- or it's really two-sided, that it be moved up in time. It's needed 10 years ago, and it wasn't built. Do it and do it as soon as possible. And I would especially urge that it be done before County Barn Page 239 March 11, 2003 is proceeded. When you look at that map, that one up there that they've got, the only road that connects Davis and Rattlesnake is County Barn, two lanes. And if you dump that -- all that traffic onto County Barn and also try to build it into four lanes or something else, it is going to be a horrendous mess. If you build the four lanes for route A first, you've got four beautiful lanes that you can use and you can go do whatever you want to do with County Barn at that point, but you haven't cut off people from their access. And so I want to commend Mr. Feder. He has done a splendid job on a most difficult and a long enduring preceded him (phonetic). And I'm glad it's going to be coming to an end, even though I do enjoy your meetings. Thank you. CHAIRMAN HENNING: Next speaker? MS. FILSON: Next speaker is Bob Murray. He will be followed by your final speaker, Hal Ousley. MS. MURRAY: Good evening, you all. Bob Murray. I'm representing both the Lely Resort Road Task Force and the East Naples Civic Association. I can only say one word that makes sense to me: Innovation, innovation, innovation. I can recall when first I began to be involved with this. What we had were an awful lot of people who were angry and frustrated and what seemed to be either this way or that way and it must work one way or the other. But thanks to the efforts of certainly Donna Fiala and others here who have cared enough to take a shot at finding another way, the innovation that I believe has been drawn by Mr. Feder and his ministrations, and for the cooperation of Mr. Stock and the Lely people, we now can rest a bit. We can feel that the traffic will move and move efficiently, apparently, through the areas that were more appropriate that they should move through. Whereas we have no objection to traffic coming through Lely, there is a certain amount now, and as build-out occurs, certainly more will pass through our community, but we don't now think that Page 240 March 11,2003 we're going to be seeing trucks and long queues waiting to access 41. And the community which was built and sold to people who were looking forward to a beautiful place will remain so. We're excited by that, and we want to see that happen throughout. Our applause to all of you who have worked hard, who have cared enough to support us. And we know that it's been difficult from time to time. And again, Mr. Feder, thank you very much for your going after it and making it happen. Thank you, Commissioners, thank you, staff. CHAIRMAN HENNING: Thank you. MS. FILSON: The final speaker is Hal Ousley. MR. OUSLEY: Good afternoon -- or evening. I'm Hal Ousley, and I'm vice-chairman of the Lely Resort Task Force. I want to thank the Chairman. He worked hard behind the scenes, and he's been on this a long time doing a lot of things that people don't even know about. And I want to thank the vice-chairman; she is a very hard worker and she does her homework. And I want to thank Norm Feder, he did an outstanding job. And the reason I'm here today is because Ken Drum's out of town, otherwise he would be here, he's the chairman. And he really poured his heart into it. And I mean, he worked and worked and worked me hard. I just want you all to vote 5-0 yes, and I'll be happy as hell. Thank you very much. CHAIRMAN HENNING: I would entertain a motion. COMMISSIONER COYLE: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Anymore discussion? Seeing none, the motion was made by Commissioner Coyle, second by Commissioner Fiala. All in favor of the motion, signify by saying aye. Page 241 March 11,2003 Any opposed? (No response.) CHAIRMAN HENNING: Motion carries 5-0. COMMISSIONER FIALA: You got your 5-0 now. CHAIRMAN HENNING: Mr. Feder, thank you for all your work on this. Really appreciate it. COMMISSIONER HALAS: Now all we need is have the Reverend have some prayers for the money. Item #llA ALEX BROWN REGARDING LACK OF SHELTERS AND CHAIRMAN HENNING: Next item is -- MR. MUDD: Public comments. CHAIRMAN HENNING: -- public comments under general topics. MS. FILSON: Mr. Chairman, I have two speakers. The first speaker is Alex Brown. He will be followed by Bob Krasowski. MR. BROWN: Good evening. I see you moved your agenda from 5:00 to 11 :00 at night. One of the things I was going to talk about was the buses. Evidently the last bus has left, as I've got to take two buses to Golden Gate. Guess I'm not getting home. A lot of people have been bugging me, since I haven't been here in several months. After two years, I still see there is no shelters or anything after two years of riding the Collier County bus system, the CAT. There doesn't seem to provide one bench or Plexiglas shelter for its riders. Even at such stops as the Goodlette Arms, the hospital, the government center and many of the main shopping centers, et cetera. Page 242 March 11, 2003 We who live here year round who know the severity and the frequency of the rainy season storms clearly see the need. These buses serve the low income and the handicapped, elderly and the children, as well as the minimum wage workers who commonly use these buses. The Commission has refused these free shelters from Lamar Advertising, commenting that it would make it look like Miami or F ort Myers, but do nothing for CAT system riders except spend $78,000 of federal and state tax money on the transportation system to paint these buses to make them look like trollies so they look nice. They do nothing for the riders who have to suffer through these storms in the summer and even the cold in the winter. And those visiting hours at the hospital don't close till 8:00, and most of the stores are open till 9:00. All the buses stop at 6:00. As you can see, all the buses have stopped. There's no (sic) running even right now, and the commissioner meetings are still going on. And there's no buses at all on Sunday. Because of the advertising on the shelters, we were getting them free. But you're appalled by this. But I'm appalled by your even considering bringing more garbage into Collier County, even hearing this afternoon, to raise more money. That I find appalling. And here you've got $200,000 you wanted to put in Livingston Woods this afternoon. These people don't even want it, and you're ready to spend $200,000 over here at Livingston Woods on a park. I find that appalling. CHAIRMAN HENNING: Mr. Brown -- I can address that, Mr. Feder. Part of the issue is the City of Naples City Council wasn't happy with the design of the bus shelters. That delayed it. We got a new person on staff that is committed to getting some shelters up in the urban area outside the city limits. There's going to be bus shelters put at the vocational center, and I hope Mr. Mudd -- MR. MUDD: Commissioner, I've given Norm the charge that the shelters and the things will be up before the rainy season starts. Page 243 March 11, 2003 CHAIRMAN HENNING: Okay. Because that-- MR. MUDD: He's got eight up. He's got some out in Immokalee, and he's got three more moving in. And they redesigned the shelters with some input from the City of Naples. And the key here is that at the pick-up places, we all have shelters, but at the destination places, we don't have any. So when it's time to go home, you're getting soaked again. And so we tried to come up with the -- a compromise, and the compromise design that we came up with will come in a little less than the original shelter that we had going in, the eight that we already have. And it will be amiable to the city and everything else. So I've given them the charter to have it in by the rainy season, and I wasn't very nice about the charter that I gave them. CHAIRMAN HENNING: Thank you. Thank you, Mr. Brown. MR. BROWN: Any buses at any of the less -- I mean, even just benches at some of the lesser stops, lesser used stops? MR. MUDD: We're going to try to get the shelters and the benches at most of the stops before the rainy season, sir. MR. BROWN: All right. MR. MUDD: Sir, I don't -- I agree with you, people shouldn't be sitting on the sidewalk. MR. BROWN: How about extended hours? Like now I have-- normally I would be taking two buses to get home. I can't even get-- now it's about a four-hour walk to get home. MR. MUDD: Sir, I'll give you a ride home. If you give me a little bit longer time, I'll get you home. MR. BROWN: Any way of getting any extended hours? A lot of people have been asking me about that, too. MR. MUDD: This -- Commissioner, if-- MR. BROWN: I don't know ifpeople are too shy or too nervous to come up here and talk -- CHAIRMAN HENNING: That issue -- Page 244 March 11, 2003 MR. BROWN: -- for themselves, but-- CHAIRMAN HENNING: That issue is going to come up later on through the MPO, and then the Board of Commissioners, and what I'm hearing is through the budget process. MR. BROWN: Yeah, because I came up here and talked before, so everybody comes up to me and says when are you going to come up there? Many of these people are too shy, too nervous, too paranoid or whatever to come up and talk. CHAIRMAN HENNING: Thank you. Item #llB BOB KRASOWSKI REGARDING NON-RESIDENTIAL MS. FILSON: Your final speaker is Bob Krasowski. MR. KRASOWSKI: Thanks, Mr. Brown. Hi, my name is Bob Krasowski, for the record. I have two issues. I'd like to make comment on one and ask a question on the other. A while back you were dealing with the nonresidential recycling ordinance. And as -- in that document, you had as a -- the process of measuring the progress that the voluntary program, which we're developing now, the way we'd measure the success included three main ways: One was measuring the franchise, major franchise participation, like how many -- how much of an increase in recycling accounts he was -- they would pick up. Then there was increase in volume of recyclables at the county recycling centers. And then the non-residential solid waste disposal rate, you could measure the volumes as they go into the landfill. I would suggest, respectfully suggest, that we expand that a slight bit to include recycling service providers other than the big Page 245 March 11,2003 franchisees, that the solid waste department communicate with the smaller businesses. Because expanded recycling works best when you have a competitive larger marketplace and when the commodities that recyclables are serviced by a diverse infrastructure, okay? So that's one point. And we'll address that as time goes on. The other thing is the other day I was watching the video at home of a commission meeting, and Mr. Mudd made comment of some information that had come by way of David Dees regarding an effort by -- maybe it was BFl, I'm not sure, but an effort of someone to introduce some legislation in -- up in the state that would change the characterization of C&D from maybe waste to a recyclable commodity, you know, independent commodity, which takes it out of the waste stream and opens it up, you know, to the marketplace. I don't know if I misunderstood you, but to me that's a good thing. You know, that's a good thing when any element in the waste stream becomes a commodity, because then the market forces can work on it, and if we could make all the waste a valuable commodity, that would be great, we'd be at zero waste, right? So I've tried to -- I've researched, made a couple calls. Apparently there is some kind of bill, I didn't get details on it today, but that hasn't found a sponsor yet, and maybe you could clarify that for me? MR. MUDD: Yeah, Commissioner, we'll have a resolution before you next board meeting about that particular issue in Tallahassee. MR. KRASOWSKI: Is it your position that if this -- if this material was identified as a recyclable commodity, it would be detrimental to the Collier County situation as it exists now or -- MR. MUDD: No, what they're basically -- Bob, from what I understand, they're basically saying that C&D wouldn't be a waste; therefore, it would get less tipping fees in your landfills or wherever you wanted to place it, and you couldn't control where it was going Page 246 March 11,2003 to go for fill or anything else that was being laid out there. And we've all -- well, I have, you probably have, I've seen it when it gets recycled out and I also see when it doesn't get recycled out. And what we don't want to have is gypsum board and everything else that's locked in those being dumped in holes and they're saying, well, that's fill for my property and you build your house on top of it. That's part of the fear that we have when you declassify that particular thing, because they're basically -- it's a little bit more complicated than that, but that's what they're basically saying, they're basically taking the classification off as a waste product and therefore they can do other things with it that aren't controlled. MR. KRASOWSKI: You know, I was up at the SW ANA meeting in Orlando, it was designed specific for composting, recycling, and they even had a zero waste panel there, discussion. But there were some presentations on the uses of wallboard and construction. And so there's a lot of innovative things. I'd love to see that innovation be allowed to work in the marketplace. On the other hand, if people were to collect a bunch of wallboard and dump it in a hole as fill, that's not good either. But maybe there's a middle ground. I'll research it, and I'll be interested to see what you find out about it as well. Once again, I appreciate your attention to my comments. COMMISSIONER FIALA: I just had a question, if I may. Talking about recycling, I always think of old tires. And at my church in the playground, they used to have this ground-up stuff. It was old tires, actually, and the little children could then play. And when they'd play on the swings or whatever and fall, it was kind of like a soft fall, you know, they didn't get skinned up or anything. And I often wondered if we couldn't take all of that -- all those old tires and have them chopped up and used on our playgrounds rather than use mulch that washes away. Page 247 March 11, 2003 MR. KRASOWSKI: I do believe there's a product. That product is available. MR. MUDD: And Commissioner, you've done a couple of schools that way already through your solid waste grant money that came in through tires, in order to do that, to grind them up and use that particular product. And you're absolutely right, it's a great way to do it. COMMISSIONER FIALA: Thank you. CHAIRMAN HENNING: Is everybody okay? Do you need a break before we -- we're just about done here. Okay, we're okay? Item #12A AGREEMENT TO STAY ON PROCEEDINGS IN COLLIER COUNTY V. MARSHALL, ET AL, CASE NO. 99-2009-CA-TB, NOW PENDING IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA IN VIEW OF EMINENT DOMAIN PROCEEDINGS TO BE COMMENCED BY THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND So the next item before we take a break is Item 12(A). MR. PETTIT: Good evening, Commissioners. For the record, Mike Pettit, assistant county attorney. I brought to you today a request for board authorization to allow us to enter into a motion with the State of Florida and also I believe the Miccosukee Indian Tribe, whose attorney is here today as well, to stay the lawsuit that we had previously filed in 1999 to establish an easement for the county and the public over Miller Boulevard Extension. Actually, to establish prescriptive easement over that mile and a quarter of dirt road. Page 248 March 11,2003 And I think because there's members of the public here that are very interested in that, and we tried to give notice to some of the people that we've known over the years that have remained interested in it, I want to give some history and some thoughts about our thought process here. Some of the board members are new. This lawsuit was filed before you became board members. The idea was to establish a prescriptive easement over this road which is a dirt road that runs between U.S. 41 and the paved portion of Miller Boulevard in the Southern Golden Gate Estates. There I think have over the years developed some misconceptions about what this lawsuit's about. That's what it's about only, to establish a prescriptive easement. That prescriptive easement would have allowed us to do some minor repair to keep that dirt road passable to allow our fire trucks to get back in there, our ambulances, our sheriff cars, and also allow the public to use it to get back to fish or do whatever else they needed to do in that area. It would basically allow a shortcut access to what some people call the south blocks area. That's all it would have accomplished. We wouldn't have been allowed to pave the road, we wouldn't have been allowed to make it a bigger road, if we win the lawsuit that's pending over here in the circuit court right now. The other thing that this lawsuit really has nothing to do with is the Save our Everglades project. Ifwe win the lawsuit, it's not going to stop the Save our Everglades proj ect. The state is going to proceed forward and seek to condemn and acquire all the properties in Southern Golden Gate Estates and develop the hydrological proj ect that they want to develop to restore flows over that area. At least this is what we understand and what we're told. The board should know that as of February, 2003, the state owned 93 percent of the land in the Southern Golden Gate Estates Page 249 March 11, 2003 area. On February 11th, 2003 -- and that's what brings me here today -- the governor and cabinet, sitting as the board of trustees for the internal group of trust funds in the State of Florida, voted, among other things, to exercise the power of eminent domain over roads, based upon claims of prescriptive rights. And they specifically name Miller Boulevard Extension as one of those roads. I believe that it would be a waste of county resources at this point, both county attorney resources and staff resources, to continue to seek a judgment in a prescriptive easement lawsuit for a couple of reasons, in light of that vote. First, the eminent domain proceeding is going to occur and we're going to have to respond to it, whether we win, lose or draw in a prescriptive easement lawsuit. Second, in a prescriptive easement lawsuit, there's the possibility we could lose, which would leave us without anything to bargain for, potentially, over this road that I will say has been used by the citizens of Collier County in the county since I think the late 1960's, is what the evidence would show. Therefore, I would recommend we stay the proceedings in the lawsuit, as suggested. That doesn't mean we're going to dismiss the lawsuit or lose our opportunity to pursue it, if need be, but it would allow us then to direct our attention to respond to any eminent domain lawsuit filed by the State of Florida, which I anticipate being filed. Let me comment on that. The State of Florida, the Attorney General's Office, has told me -- I called and I said do you have legal authority that would convince me right now, be directed to me, direct me to it, that you have an absolute right to exercise eminent domain over this road or any county road in the Southern Golden Gate Estates? And basically I was told the bigger government can always take from the little government. I am not prepared to accept that at this point. We're independently researching that in our office. What I will tell you is we will -- if the eminent domain proceedings is filed, Page 250 March 11, 2003 we will appear, represent the county's interest and raise whatever defenses that we can legitimately raise in that lawsuit. At the end of the day the state and the attorney general may be right, they may be able to exercise eminent domain and they may be able to take Miller Boulevard Extension. At that point we will get some sum of money. I know that some folks are concerned about access to their property, and I think you're going to hear from them. I know Mr. Baez has been here before and discussed that. Let me address the paved roads. I have gone back and read the agenda and what appears to be the decision of the governor and cabinet. And I will tell you, and my executive summary may have been a little misleading on this point, I'm reading it now to only address prescriptive rights, prescriptive easements, prescriptive claims over primitive roads, dirt roads. There are several places where in that agenda, in that order, they talk about the county abandoning the paved roads. So as we sit here today -- and I actually called the DEP attorney today and said how do you interpret this? And he was kind of surprised when I pointed out the exact language that has been used, because I think it was his understanding, and it certainly was mine when I read about it in the paper and heard about it, that they were authorizing the exercise of eminent domain over all of the paved roads, which clearly are county roads, in the Southern Golden Gate Estates. I'm not sure that's what that says. So at this point I'm not anticipating an eminent domain proceeding with respect to those roads, I'm anticipating that somebody from some agency, whether it's the South Florida Water Management District or the DEP, will come to us and ask us to abandon those roads. And that's a decision that you can respond to at that time. Clearly, though, they have exercised and authorized eminent Page 251 March 11, 2003 domain over Miller Boulevard Extension. So my view, we should stay the prescriptive lawsuit and respond to that lawsuit when it comes. CHAIRMAN HENNING: Questions? COMMISSIONER COLETTA: I'd like to hear from the speakers. CHAIRMAN HENNING: Yes, thank you. MS. FILSON: Mr. Chairman, we have six speakers. Joe Morera. He'll be followed by Nancy Payton. I believe she's gone. MR. MORERA: Good evening, Chairman and Commissioners. For the record, my name is Justa (phonetic) Morera. I'm known as Joe, but Justa Morera. I have a piece of paper here that I would like -- I only got one copy, so I assume that I give it to Mr. Coletta, since that's his district, and then you can pass it -- I don't know if you have copies of it already? COMMISSIONER COLETTA: Well, we'll get copies. You might want to hand it to the Chair and he'll share it with everyone else. CHAIRMAN HENNING: Thank you. Go ahead and tell us what you want us to look at. MR. MORERA: Well, my understanding from that letter is that they want to take all the roads. Dirt roads, paved roads, all of them. If that is to happen, what's going to happen with the access? And we've been going with this for 10 years, maybe more than that. Last time that I had the meeting with you, Mr. Coletta, you specifically pointed out to me that will not happen; I personally will have you another access if they take those roads out. I won't have Sable Palm Road coming through your property . You specifically said that to me. Well, there it is. It's happening. And you've heard it from the lawyer. I'd just like to hear you, you come and what you back feed Page 252 March 11, 2003 to that. Because there's a lot of people that live off of Miller Road that you folks probably don't even know. But there is a lot of people out there. And I can take you out there and show you all the houses. And they don't even know about what's going on, because it's kept so quiet. I didn't even know until Mr. Al Perkins called me. Nobody sent me a letter that we were going to talk about this. COMMISSIONER COLETTA: I'm sorry. MR. MORERA: And I thought that anytime there was going to be anything that concerned the access of my property, I was going to be, you know, aware of, but -- COMMISSIONER COLETTA: If I may interrupt you. MR. MORERA: Sure. COMMISSIONER COLETTA: We sent out -- I have sent out a number of letters, and I'm sorry if they missed you. They sent out courtesy -- well, I know they sent them out to about 10, 15 people or so. In any case, I apologize for the fact you didn't get it. What's taking place here today has to do just with Miller Boulevard Extension. We're not talking about the rest of the roads in the south block, the Picayune State Forest -- MR. MORERA: I'm sorry, but if you read that all the way through -- COMMISSIONER COLETTA: I haven't had time to read it all the way through. MR. MORERA: Well, you gotta have the time. I've been here since 9:00 this morning. COMMISSIONER COLETTA: No, no, I -- okay, this is our agenda packet. Let's have the lawyer address that. Mr. Pettit, would you go ahead and -- MR. PETTIT: I want to address that. The Miller Boulevard Extension is -- does not relate to access off of Miller Boulevard. But more specifically, you're right, the original agenda item I think says Page 253 March 11, 2003 the roads. And that was my understanding from talking with the DEP and frankly my understanding from reading news articles about the vote. I have since gotten a certified copy of what actually was approved, and when you read the detailed statements -- I don't know what the intention was. My impression today was when I called this to the DEP lawyer's attention, that they were kind of saying well, gee, I'm not sure this is exactly what we wanted. But when you read the language, it seems to say that at this point in time they have only authorized the exercise of eminent domain over roads and right-of-ways that are claimed based on prescriptive rights, which of course Miller Boulevard Extension would be. Now, that's my interpretation of what I now have. And I apologize if there was con -- if I was confused or that letter confused you. I will say this, though: I think they fully intend at some point, whether they believe they have already accomplished it in that order, because different people can read the language differently, I suppose, or in the future they intend and they have told me and told others that they intend to acquire the roads in the south blocks. I think they hope to acquire them by having this board abandon them, but -- COMMISSIONER COLETTA: Okay, I'm going to have to interrupt you, because you're holding me to -- I told you I'd keep -- do everything we will to put this off. But I am not the State of Florida. And I wish you wouldn't put words in my mouth on that. We have taken a lawsuit out against the state to hold them at bay at Miller Boulevard. We've spent considerable sums of the county's time and money to be able to hold the line on this. We've come up with numerous resolutions in the past to do it. So don't tell me I'm selling you short, man, I'm not. When we get -- MR. MORERA: Okay, here's what -- COMMISSIONER COLETTA: -- down to the point-- Page 254 March 11, 2003 MR. MORERA: Here's what -- COMMISSIONER COLETTA: No, no, I'm going to go on now, because you've made some claims and you brought my name up, and you said some things that were totally false, and I'm not going to stop until you understand where in the hell we are. Now, this is where we are with this right at the moment. Before we get to the point we give up anything, we're going to be in negotiations with the state forever. They're not going to walk in the door and just automatically take it. There's going to be court fights, there's going to be everything else. There's going to have to be numerous settlements made. Everything's going -- if we get to the point where they're going to take the roads by eminent domain, they got to pay us big-time money to be able to do it. At that point in time, I'm sure this commission is not going to say okay, we've got five, six homes out at the end of Sable Palm Road, now the state has those roads and they're not making provisions for it, these people are totally abandoned. We've never abandoned you. We've always been there, trying to make this thing work with the resources we got at hand. So this is far from over with. No, I didn't sell you short, man, I've been fighting this thing forever. MR. MORERA: I never said that you did. I only wanted to remind -- COMMISSIONER COLETTA: No, well, you were implying-- MR. MORERA: I only wanted to remember what you told me. I never said that you did. And that's where I was getting to. Because I got kind of worried today, as I sat here through the whole day, about all this talk about all the money the county needs and where they're going to get it from. And then in my mind it says, ooh, they're going to get it from selling the roads to the state. And where am I going to go? It's just the picture says very clearly to me. And that's why I Page 255 March 11, 2003 wanted to tell you, that I want to see where your output was from. Are you going to stay and fight with us like we were fighting, or are you just going to -- because if you gave that to the state or sold it to the state or whatever, then you wash your hands, we can't come to you anymore, we'll have to go to the state. And that's what I was asking you what was your output on this thing here. COMMISSIONER COLETTA: And that's fine. What we're looking at to do here today, there's no sense in carrying this suit forward at this point in time on Miller Boulevard. Rather than keep carrying it forward and then find out in the end we're going to negotiate a closing, or suppose we carry this suit all the way forward and we lose, then we've got no way to get any kind of monetary gains back from it. So by putting it on hold until this thing is settled about eminent domain for Miller Boulevard, we're protecting the county's best interest. We haven't given it up. We're just putting it on hold -- MR. MORERA: Okay, now-- COMMISSIONER COLETTA: -- till that point in time. But that has nothing to do with the roads on the back side where you are, the paved Miller Boulevard. MR. MORERA: Now, if the point came where they did the eminent domain to the county, what's going to happen with us? COMMISSIONER COLETTA: Well, we haven't got to that point yet. But like I said, there's going to be a lot of work for our attorneys to do, and they're going to be out there trying to cut the very best deal they can. They're going to be -- they represent everyone in this county and they're going to be there to represent your interest, along with the general population of Collier County. That's the reason we've been perusing this for so dam long. I wanted you to be here today so you could get an idea what's taken place, which is the beginning, possibly, of some final decisions going to be made. I don't know what the state's going to do. And I Page 256 March 11, 2003 really don't know what their powers are. And I think our own attorney is saying the same thing. We're not too sure exactly where their powers are to be able to come in and take it. That hasn't been resolved yet. MR. MORERA: All right, and Mr. Coletta, now that I had the opportunity to say this, I know this has nothing to do with it, but we do need to do something about it. The state is -- the forestry department is the state, right? They are using our roads every day, up and down, tearing it up. We've been working on that road -- I spent $7,500 out of my pocket the last time with all of us out there to fix the road. They come in there and tearing it up. And then they close -- they using all these other roads to get in and out of the place and they keep us from using them, but yet they can use our road. We're going to have to do something about that, because that's not fair. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes, do we have a map of this area that shows Miller Boulevard? You know, like one of those overheads where you can see the houses and so forth, those aerials, as well as the extension, and then where -- I've never seen anything like that before, and I'd like to know better what I'm talking about. And then also, where they're planning on taking the roads or flooding the area, at some point in time I'd like staff to bring us something like that, please. Thank you. MR. MUDD: Yes, ma'am. And we had a -- we had a workshop where we brought the South Florida Water Management District in there and they talked about the 200 plus roads, you remember ex-Commissioner Mac'Kie was sitting in the front row and she was sitting next to Joe Schmitt, and she turned over to Joe Schmitt and said the county's not going to donate those roads to us? And Joe Schmitt said, absolutely not. And so that's when they knew they had a fight on their hands for the roads in the south Golden Gate Estates. And part of that eminent domain that the governor processed was Page 257 March 11, 2003 part of their reaction to our particular statements at that workshop. CHAIRMAN HENNING: Next speaker. MR. MORERA: Thank you very much. MS. FILSON: Next speaker is Nancy Payton, I believe she's gone, so the next one is Emilio Baez. MR. PETTIT: While Mr. Baez comes up, let me just say, Commissioner Coletta, you're correct, we will have ample opportunity, assuming that the state exercises its eminent domain power to attempt to take our paved roads in the Southern Golden Gate Estates to negotiate the terms of that taking. And I certainly think that at that time there will be enough publicity that people who have access questions can be taken account of. MR. BAEZ: Hello, Commissioners. My name is Emilio Baez. And I just want to say, I hope that you all don't give up so soon. And mostly make sure that you don't leave us out there stranded and sell everything out. I mean, I know money talks and you know what walks. And, you know, the way the county is in the situation with money right now for building roads and stuff, I know I've lived here for 36 years, and it seems like the impact fees are probably the highest in probably Florida. And, you know, with all this going on out there, I mean, I own 97 acres out there. And till this day, the State of Florida has not given me one offer. And either a lot of people out there that are property owners and pay property taxes -- and I just paid my taxes the other day, and it's unreal what -- how they work this out. And they don't go in and buy the people out and get them out of there. If they really want them that bad, then why don't they put their money where their mouth is? Thank you very much. CHAIRMAN HENNING: Thank you. MS. FILSON: Next speaker is Kelly Brooks, followed by Cathy Myers. Page 258 March 11,2003 MS. BROOKS: Thank you. My name is Kelly Brooks. I represent the Miccosukee Tribe of Indians. Thank you for letting me speak today. We're one of the remaining parties in the lawsuit. And I wanted to let you know that we agree to this stay. The Tribe thinks that it's in the best interest of all the parties and both of our communities. And I wanted to assure you that it's not the Tribe's intent to try to deny access at all. We've been talking with the county attorney, but we can't reach any agreements with the county until we deal with the bigger issue that overshadows all of this, and that's the condemnation. The Tribe is an independent sovereign nation, and there's a controversy right now between the State of Florida and the Tribe about these condemnation issues, and this is just one of several properties. And so until we get that resolved, we really shouldn't go forward in this case, because we would just be spinning our wheels. And I just wanted to let you know that. Yes? COMMISSIONER COLETTA: Maybe we ought to give the roads to the Miccosukee Tribe. MS. BROOKS: The Tribe, and then have a big fight. COMMISSIONER COLETTA: These people have got the money. COMMISSIONER FIALA: They've got the money to fight it with. MS. BROOKS: It's a big issue for the Tribe. I'm sure you've seen articles in the paper about it. So we'll see what happens. CHAIRMAN HENNING: Well, thanks for being here today. MS. BROOKS: Thank you. CHAIRMAN HENNING: Next speaker. MS. FILSON: Cathy Myers. MS. MYERS: I am Cathy Myers. I own five acres off of Sable Palm Road. Page 259 March 11,2003 All I just want to say is just don't sell us out. I really don't want to lose my place out there. Because my family loves going out there all the time. I mean, I've lost a lot out there and I just don't want to lose what we have. COMMISSIONER COLETTA: You realize that today, Cathy, we're not talking about anything -- MS. MYERS: Yes, I do. COMMISSIONER COLETTA: -- to do -- okay. MS. MYERS: I do. But I just thought I'd say, you know, I'm with Emilio and Joe, and we all feel the same about our property out there, and everything else. I mean, like I said, I was out there this weekend, and I enjoy it out there. And I live out there the biggest part of the time. And I just don't want to lose it. And I don't want to lose my exit out there, either, because I like to get back and forth. Right now all I have is my jeep. I can't even drive my red car back there. COMMISSIONER COLETTA: It might help if I explain, because I don't know if the Commissioners remember, but Sable Palm Road is not truly passable all the way down through. It goes all the way, but most of it's nothing more than a sugar sand pit. MS. MYERS: Yeah, I know, but it's on the map all the way through. COMMISSIONER COLETTA: It's on the map, that's correct. MS. MYERS: All the way through. COMMISSIONER COLETTA: But I don't -- don't try to drive down it, please. People reach their property generally at the end of the road there by going down Miller and then coming back down. And that's where the problem lies. If they take the paved part of Miller out, then these people would no longer be able to have access. Even though it shows a road, it's really not passable, unless it's a four-wheel drive. MS. MYERS: And when we first moved out there, we had Page 260 March 11, 2003 access from 1-75 coming through that way, and then one morning I drove -- one night I drove through there, the next morning it was a ditch. I mean, a canal. You guys dug it up overnight and closed us off. And the only way we could get in was through 1-75, going over the overpass. And like I said, if you close us off either way, we ain't gonna have no transportation. I mean, my husband fought for this for years, and now he's not here to fight for it, and now I guess I have to do it. COMMISSIONER COLETTA: Well, you've got a lot of help. MS. MYERS: Well, we're working on it. And like I said, I don't want to lose it, our access. I know there's a lot of people that lives out there that don't want to lose it either. I mean, he died out there, and I'm not going to let the road die out there just because he did. That's all I've got to say. CHAIRMAN HENNING: Thank you. MS. FILSON: Your final speaker is Al Perkins. The final final speaker. MR. PERKINS: This one's going to be final quicker than I want it to be final. Take a good look. Al Perkins, Belle Meade groups. Before we go any further, 2,014 petitions signed about access and the use of the roads. Southern Golden Gate Estates, the Belle Meade area and all through that entire area. Now, these are not only dirt roads but these are asphalt roads, and these are the people who pay the bills. Now, so far today I've heard Collier County is going broke. We don't have money for this, we don't have money for that, we don't have -- can't meet the budget, we're robbing Peter to pay Paul, we're moving money around all over the place, and you're still not going to get the job done. Now, I passed you out earlier, and if you take a look at the very first page that I have underlined, you're going to see corruption at its ultimate. This is the DEP, the Department of Environmental Page 261 March 11,2003 Protection, making a statement that they are going to take all of the land from the Gulf of Mexico to within 10 miles of Fort Lauderdale. Now, if I said well, the DEP is being manned and armed by the Communists, you'd say you're a nut. Well, take a good look at what's going on around this country and you're going to see that maybe I'm not such a nut. This is the Constitution of the United States. And you people at home, try reading it sometimes, because it affects you. It affects your kids and your grandchildren. Half the kids in the schools don't even know what's involved. On the second page over there of that you'll see there's an accident there. And the person that's dead in the car, one of them, is Don Myers, Cathy's husband. Now, why was there an accident out in the middle of the swamp? Swamp, my foot. We're out there putting the fires out. And when we talk about putting out the fires, the division of forestry commits arson continuously. They've tried to bum out Sable Palms so many times, it isn't funny. And it was up to the people out there, who live out there, they catch up on the fire and they put the damn thing out before the forestry people ever come there. Because it's just one thing after the other. Now I want to get nasty. You people at home don't think I can get nasty, stand by . You'll also notice in there, and I can document, that the Department of Environmental Protection stood right at this podium, told the Commissioners that if they did not trade Jane Scenic Drive, which is out in the Fakahatchee, that they would close Marco Island Airport. Marco Island Airport, do you know what you're talking about? We're talking about Lear jets, we're talking about money, we're talking about pumping fuel, we're talking about all kinds of people coming in here and spending money, coming in and bringing their golf bags and playing golf with big bucks. But the DEP said we're going to close it. Just out of dumb luck, I'm the next speaker, and friends of mine Page 262 March 11, 2003 and relations just happened to work for the FAA. And I took this man on because the DEP and nobody else in the State of Florida, with the exception of the FAA, can shut down any airport. I also charged the DEP that if we didn't get permits to cut down the mangroves at either end, the first time we had an accident, especially if we had a fatality, we would hold them criminally negligent. Go back through the records, it's all back there. Now, let's go to the South Florida Water Management, you'll find in there I caught them, and so did the Naples Daily News, deliberately flooding out the people. Deliberately. To the point where at that point whereas at that time Mike Slayton was the head -- not the head, just resigned, went over to the other coast. Frank Meeker, he's -- I'm going to hang on, I need some extra time, if you don't mind. CHAIRMAN HENNING: Okay, I'll give you one more minute. MR. PERKINS: Frank Meeker, who had the job as (sic) South Florida Water Management, resigned. Then Paul Van Buskirk (phonetic) came on the scene and six months later he resigned. Now we got Clarence Tears, and Clarence Tears is so proud of his blue beret. This is an evacuation route we're talking about from Marco Island to Goodland. How do we save lives? You heard this morning about EMS and what a good job. We have heard lies from the environmentalists over and over and over and over again. Lies. Perjury. I'd like to take them to task. Fires. How do you get a piece of expensive equipment in there that they can stomp the fires so they don't kill all the animals? Then Clarence Tears will say oh, we're going to flood the damn thing about a foot and a half of water most of the year. Well, can you just see the doggone racoons swimming forever, and the snakes? They drown. The rabbits drown, the rats drown, all the bugs drown. Page 263 March 11, 2003 There's nothing for the deer to eat on and the deer have hoof rot. Wake up. Have you people been asleep all this time? Can't you know a lie when you hear it? And they take and say -- and if I was them, I'd say what the hell, I'm addressing a bunch of dummies who can't think. Get real, people. That property out there is for everybody's use. And it is a special place. And the reason why they want the special place is on account of the resale value of Southern Golden Gate Estates by a trust to a trust is worth billions. Take a look-see, because -- and if you don't believe me and do that, check out Dog Island, check out Top Sail up in the Panhandle. And guess who were the buyers? Oh, people from the Conservancy. People from the DEP. The governor and his son and cabinet. Oh-- CHAIRMAN HENNING: Mr. Perkins, I have to -- MR. PERKINS: -- isn't that collusion? CHAIRMAN HENNING: -- ask you to wrap up. MR. PERKINS: Isn't that collusion? Isn't that collusion? With that, I thank you for your indulgence. Do your homework a little bit. And challenge the people for honesty. Now, like you've heard me on the radio, I defy you, and you people at home, prove me in documentation that I'm a liar. Prove it to me. Thank you. CHAIRMAN HENNING: Thank you. Entertain a motion at this point. COMMISSIONER COYLE: Motion to approve. CHAIRMAN HENNING: And I will second the motion. Is there anymore discussion? All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Any opposed? Page 264 March 11, 2003 COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Motion carries 4-1, Commissioner Coletta descending (sic). Next one is adopt a resolution creating a Collier County revenue commission and ad hoc advisory body. MR. MANALICH: Good evening, Mr. Chairman, Commissioners. For the record, Ramiro Manalich, chief assistant county attorney. I wouldn't dare prolong the agony too much tonight. The proposed resolution's in your packet. I'm happy to answer any questions. This is something the board was interested in previously. CHAIRMAN HENNING: Is there a limit how long this is going -- this committee's going to -- MR. MANALICH: Yes, a limit of three years, unless terminated earlier by the County Commission. It's an ad hoc committee. CHAIRMAN HENNING: Commissioner Coyle, and then Commissioner Fiala. COMMISSIONER COYLE: Can I ask why it's going to be three years? MR. MANALICH: Typically ad hoc committees are created up to that length of time. The idea is that this group representing multiple facets of the community would evaluate the revenue sources and within that period of time should be able to do that and issue a report. COMMISSIONER COYLE: I guess my point is, if it's going to take them three years to identify the revenue sources, we don't need them. We need the revenue sources identified very quickly. And I would think if we put a 12-month deadline on this, we'd get the results a lot faster. And one other question I'd like to ask is, this advisory here, this ad hoc committee, is going to come up with the recommendations Page 265 March 11,2003 COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Motion carries 4-1, Commissioner Coletta descending (sic). Item #12B RESOLUTION 2003-118 RE: CREATION OF THE COLLIER COUNTY REVENUE COMMISSION, AN AD HOC ADVISORY - A.llOE.IED Next one is adopt a resolution creating a Collier County revenue commission and ad hoc advisory body. MR. MANALICH: Good evening, Mr. Chairman, Commissioners. For the record, Ramiro Manalich, chief assistant county attorney. I wouldn't dare prolong the agony too much tonight. The proposed resolution's in your packet. I'm happy to answer any questions. This is something the board was interested in previously. CHAIRMAN HENNING: Is there a limit how long this is going -- this committee's going to -- MR. MANALICH: Yes, a limit of three years, unless terminated earlier by the County Commission. It's an ad hoc committee. CHAIRMAN HENNING: Commissioner Coyle, and then Commissioner Fiala. COMMISSIONER COYLE: Can I ask why it's going to be three years? MR. MANALICH: Typically ad hoc committees are created up to that length of time. The idea is that this group representing multiple facets of the community would evaluate the revenue sources and within that period of time should be able to do that and issue a report. Page 265 March 11,2003 COMMISSIONER COYLE: I guess my point is, if it's going to take them three years to identify the revenue sources, we don't need them. We need the revenue sources identified very quickly. And I would think if we put a 12-month deadline on this, we'd get the results a lot faster. And one other question I'd like to ask is, this advisory here, this ad hoc committee, is going to come up with the recommendations which will not result in the implementation of additional revenue sources, unless the Board of County Commissioners approves it, right? MR. MANALICH: Yes, it is purely advisory. COMMISSIONER COYLE: Okay. MR. MANALICH: And I agree with you, Commissioner, you could have a 12-month limit on it. And I would just turn to the manager and ask if that is wise from a policy perspective. MR. MUDD: Commissioner, if they come forward with a-- and you can pretty much set the goals to this particular ad hoc advisory body to give you recommendations. Then you're going to get into the implementation issue, and they're going to have to come to the board and they're going to have to get your direction as far as those recommendations, either approval or non-approval. In some particular cases it might need state approvals in order to do that. Having that advisory committee there for the board's help as they -- if they have to lobby our representatives in Tallahassee or whatever in order to do those particular things because they've studied it wouldn't be a bad idea for the board to have, should that be necessary . But Commissioner, if you have to wait for three years to get your recommendations, that's not good. And you have a very good point. But cutting it off after a year and saying they're dissolved when you've got some knowledgeable citizens at your disposal for help, I wouldn't throw that away either by saying you're sunsetted. Page 266 March 11, 2003 COMMISSIONER COYLE: You can't extend them if you get to the end of the one year and then say well, we need your help with respect to supporting some legislation in Tallahassee, and then extend it for an additional year specifically for that purpose? MR. MANALICH: It could be extended. Another option would be of course to put into this resolution that they will be expected to produce a report on recommendation within a 12-month period and be available for other implementation assistance after the 12 months. COMMISSIONER COYLE: Well, I guess I'm thinking in terms of two months or three months. But-- MR. MANALICH: Whatever you -- COMMISSIONER COYLE: Because I think if they're going to be looking at additional revenue, they ought to be looking at additional revenue we're going to get this year. And they ought to be starting to look at something on a fairly -- an emergency basis. Because it looks to me like we're going to need a lot of revenue. But okay, you answered my questions. MS. FILSON: I just want to get one thing clear. If you're going to appoint them for one year, I just want to make sure that the one year starts after they're appointed. Because sometimes it takes a couple of months to -- COMMISSIONER COYLE: Oh, I see. That's just a question; it's up to the board to decide how long they want to do it. MS. FILSON: Okay. CHAIRMAN HENNING: Commissioner Fiala, Commissioner Halas and Commissioner Coletta. COMMISSIONER FIALA: Yes, in speaking with Jim Mitchell about this, he suggested, and I love the idea, that possibly we look at one of these positions being filled by an economist, and so we might even be able to ask the productivity committee to produce an economist or something. CHAIRMAN HENNING: Oh, they're in there, yeah. Page 267 March 11, 2003 COMMISSIONER FIALA: Yeah, they are. COMMISSIONER HALAS: How long does it take to ramp up an ad hoc group, would you say, average? Time frame. MS. FILSON: Put one together? COMMISSIONER HALAS: Put one together and get it functioning. MR. WEIGEL: Commissioner-- COMMISSIONER HALAS: Up and running. Ramp up. MR. WEIGEL: -- I think that's Sue Filson's experience, but it's typically about two months, because she puts out letters and solicits, they come back in and then she provides a presentation to the board. So I'm trying to answer for you, Sue. MS. FILSON: What was my question? CHAIRMAN HENNING: Never mind. MR. WEIGEL: About how long it takes to get an advisory committee started, from the creation or approval for creation by a board to actually getting them approved. MS. FILSON: Okay, I advertise for three weeks, then by resolution staff has 41 days to get back to me with a recommendation, or if it's a new committee, then categorizing each of the categories -- each of the applicants, I'm sorry. And in this case, they have specific categories. So if they provide me with the names from each of the respective categories, then all I'll need to do is an executive summary and bring it back before the board. But I don't know how long it will take them to provide the names to me. COMMISSIONER HALAS: Because where I was going with this is what Commissioner Coy Ie was talking about, we seem to have so many advisory committees out there, we want to make sure that this advisory committee is going to work on behalf of the commissioners in ASAP terms here, so we can determine where we're going from here. And maybe it's the 18 months or two years Page 268 March 11, 2003 maximum time for them to come up with some direction here. Eighteen months, if you're talking of ramp-up time. COMMISSIONER COLETTA: Is that a motion you're making, Commissioner? COMMISSIONER HALAS: No, I'm just trying to get the facts here before we make a motion. Yeah, because I want to -- CHAIRMAN HENNING: I'll entertain a motion, if you want to make one, Commissioner. COMMISSIONER COLETTA: Okay, I make a motion that we follow the recommendations that we form this committee. I'd like to have some more discussion. I'm concerned about the two or three months. I don't think that's realistic. Three years might be on the high end. Eighteen months sounds like it would be -- CHAIRMAN HENNING: Is that part of your motion? COMMISSIONER COLETTA: Make that 18 months, yeah. COMMISSIONER FIALA: All right, I'll second that at 18 months. MS. FILSON: Eighteen months from the date of appointment? COMMISSIONER FIALA: Of appointment, thank you. CHAIRMAN HENNING: Right. COMMISSIONER HALAS: Right. CHAIRMAN HENNING: Anymore discussion? All in favor of the motion signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? COMMISSIONER COYLE: Aye. CHAIRMAN HENNING: Motion carries 4-1, Commissioner Coyle descending (sic). Page 269 March 11, 2003 Item #12C RESOLUTION IMPROVING THE EFFICIENCY OF LOCAL GOVERNMENT BY LIMITING UNDULY REPETITIOUS PUBLIC PETITIONS - DENIED; COUNTY MANAGER Next item is 12-(D). MR. MANALICH: Commissioners, this is an item that's also a follow-up from the November 5th, 2002 board meeting, asking to address the issue of repetitive public petitions. What this would basically do, it was some sensitivity to first amendment concerns where we can't get the content or viewpoint expression curtailment. What we're trying to do here is basically to say that if someone comes before the board on public petition two times in the same subject matter within a six-month period, then the manager is delegated the authority to put that item on the third occasion to the public comment portion of the agenda at the end of the meeting so that it will not tie up the meeting at the beginning with the public petition process. It'd still afford the person an opportunity to speak, but it would not interrupt the flow of business at the beginning of the meeting. So we possibly quite honestly might be a little stricter. I think we have constitutionally room to perhaps put a twice -- that on the second occasion within six months they'd have to be placed on public comment, if the board thinks that's a wise policy choice. We did this in a way that was pretty sensitive to First Amendment concerns. CHAIRMAN HENNING: I think the whole purpose of public petition is for the public to ask the commissioners to take action. But a lot of times it's abused by not giving any actions, or there is just one little action item and there's a whole bunch of nothing in there. But we want to hear from the public, public petition or public Page 270 March 11, 2003 comments. I was just concerned about wasting a lot of staffs time on that. Commissioner Coyle? COMMISSIONER COYLE: Yeah, I think one of the things that we're concerned about is that people use this particular opportunity to get themselves on television, perhaps for political purposes, rather than they really get any meaningful action accomplished by the Board of County Commissioners. And consequently, they are delaying the opportunity for other people to really do some meaningful business. I don't think this provision is going to solve that problem, because I don't think any of them are repetitive. I think you have the same persons coming up here time after time after time after time with slightly different issues. And I think this particular provision is not going to solve that problem. And I don't have a good solution for it either. Maybe we just have to tolerate it, I don't know. But it clearly is being abused by people, and it's unfortunate, but maybe there's nothing we can do with it. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Thank you. I hear what you're saying, Commissioner Coyle, and you're right, it is being abused to some degree. But also too, I can give you a good example. Sitting right down here is Bob. He's been on top of the situation with zero waste for a long time. He keeps bringing up different parts of the issue. It's not the same repetitive thing. It might be on the same subject. But now who's going to make this decision where the line is drawn? Would somebody like Bob be the exception because of the fact that he is out there dealing with a subj ect that has so many different parts to it that you can talk on something every time a little bit different? Are we talking about some like, let's mention names, Mr. Kramer, who's been here numerous times about the situation Page 271 March 11, 2003 with the towing service, trying to get a refund? I'm a little bit nervous how we're going into this and where the line's going to be drawn. I can see some possible problems with it. MR. MANALICH: I admit, there would be some excessive judgment. Under the proposal, it would be the manager's office that would look at the public petition request, and under this resolution determine if the subject matter is the same. And it says the subject matter is the same when the issues raised, the grievance, the complaint, alleged harm and injury or desired relief originate from the same core incident, situation, condition or set of facts. You have to apply that, obviously, on a per petition basis. Again, the person would not be denied the opportunity to speak, but if it's the same subject as defined in what I just read to you, then they would have to wait until the end of the business meeting under public comment to bring it up at the third meeting, if they've already had the opportunity to talk about this subject before. The board would have either directed or not whatever action it wanted on two occasions already within six months. Beyond six months, you start a new cycle again. CHAIRMAN HENNING: Commissioner Fiala, then Commissioner Halas. COMMISSIONER FIALA: Thank you. I think we all agree that we don't ever want to stifle anybody, we want to hear everybody's comments. I don't see why we can't just place it on a different part of the agenda. Why don't we have public petitions and public comments way down there where they are right now by II? Make that 11 and 12 instead. COMMISSIONER COLETTA: I don't agree with that. COMMISSIONER FIALA: No? CHAIRMAN HENNING: Commissioner Halas -- no, I don't either. COMMISSIONER FIALA: Okay. I thought it was brilliant. Page 272 March 11, 2003 CHAIRMAN HENNING: It's not a dumb idea, it's an idea. COMMISSIONER COLETTA: And you want a parking thing with it -- COMMISSIONER HALAS: I feel very strongly on the First Amendment and that's the freedom of speech. And I feel that there's other ways to handle this besides coming up with some type of a resolution of this nature. So I myself feel strongly on freedom of speech and I can't vote for something like this. MR. MANALICH: The main constitutional restriction we have is that we can't base the regulation on the viewpoint of the speaker or the content of his or her speech. So that's why we have to do something that's neutral -- COMMISSIONER HALAS: But somebody's going to have to make that discretion. I think it's going to lead us -- it could lead us into trouble. Because if somebody makes a call and it's not right, then we might end up in litigation, okay? And all we're -- and what we're doing is having more control of government involved in people's daily lives. MR. MANALICH: And we can do research. And of course there has been litigation, as you observed, Commissioner Halas, on these issues. I will tell you that the courts have understandably given some deference to the legislative body in terms of reasonable regulations. We've even had cases of people come in with Ninja masks on and were told to remove them, and issues that arisen. So it's all across the board. But the courts do afford you some reasonable discretion. COMMISSIONER COYLE: You've just given somebody some ideas now. COMMISSIONER HALAS: Boy, is it getting late tonight. CHAIRMAN HENNING: Mr. Weigel, would you chime in here, please? MR. WEIGEL: I appreciate it. Again, we're just technicians. Page 273 March 11, 2003 We did the legal research so we don't bring you a resolution that we think is fraught with legal problems. But obviously the discussion is important. I think for instance with Bob, Mr. Coletta was mentioning Bob coming forward with very -- not merely interesting but important issues, is that if at a point in time he I think probably came forward under public petition, the board under public petition determines if an item should come back or if it's going to take on a life of its own. The landfill, solid waste matters, zero -- COMMISSIONER FIALA: Waste. CHAIRMAN HENNING: Waste. MR. WEIGEL: Waste, yes, those things, he has had many opportunities to come back under agenda items again and again and again. So I think that items with legitimacy, arguably, the board has given them legitimacy and they come back under a different title, such as agenda items themselves where the board's going to take action or have additional considerations or workshops and things of that nature. So it's not so very limiting, it just puts the person in a different pew of the hearings and discussions that are had before the board. No one's cut off from having the ability to speak. And I'm not defending this per se, I'm just saying that there are some distinctions to be noted, that they don't have 10 minutes with a petition with a request to go to staff if there seems to be a redundancy occurring there. But again, as technicians, this can go as you see fit at any point in time. CHAIRMAN HENNING: Remind the commissioners when Commissioner Halas was out there campaigning, knocking on doors, Mr. Kramer, his opponent was up here using taxpayers' money for his campaign. That's the way I seen it, and I didn't think that was fair or right to do that. And not only did he use the taxpayers' time, but Page 274 March 11,2003 also staffmembers. And I enjoy hearing from Mr. Kramer, I think he's a unique individual and he does make some good points and we have acted -- well, maybe I'm being too generous. COMMISSIONER COYLE: Yes, you're being too generous. CHAIRMAN HENNING: But, you know, afford opportunities for the public to comment, just in a proper manner. That's all. I think that's all we want to do here. So -- but I think more important, we want to hear from Bob, because he is the one who we really work for. He's the public. Please. MS. FILSON: We have one public speaker, Mr. Chairman-- COMMISSIONER COLETTA: Who would that be? MS. FILSON: -- Bob Krasowski. MR. KRASOWSKI: Hi. I think Mr. Kramer or people like Mr. Kramer should be considered as advertisements that the process here in Collier County works for everyone, for all citizens. You can tolerate people if they go a little overboard, as you suggested, Mr. Coyle. What if I wanted to come up and get on the agenda there three times in a six-month period and the third time wasn't something that wasn't going to make Mr. Mudd happy, and I'm going to be going to him, trying to get on the agenda in that portion, the front portion. I could say, well, it's only because Mr. Mudd didn't want to hear about zero waste, or he wants to pyrolyze or whatever. Of course I've taken that opportunity a number of occasions to speak at that podium for 10 minutes at the beginning of the meeting, but I oftentimes reserve my comments to the end of the meeting, unless it's during a specific agenda item. But let's not make this too complicated. You know, it is a benefit to the community to see people, as half-baked as they are sometimes, get up here and throw together 10 minutes and everybody just sit and listen. And I'll tell you, it's good for the staff to hear from the general public and to see them and relate to them and know who Page 275 March 11, 2003 they are. I'm for moving the comments, well, okay, maybe it's nice the way it is. If you make a special effort, you make a presentation for 10 minutes, you do that, you get at the front of the meeting. You want to wait around for comments, you can wait at the end. This is pretty good. Anything more fine-tuned starts smelling bad, okay? So thank you. CHAIRMAN HENNING: Commissioner Coyle, then Commissioner Coletta. COMMISSIONER COYLE: Ramiro, I appreciate the work you have done to try to deal with a problem that we really have brought up. But I don't think this particular proposal will do the job that we're looking to solve. And I'd like to make a motion that we just disapprove this -- COMMISSIONER COLETTA: I'll second that. COMMISSIONER COYLE: -- resolution and get on with it. MS. FILSON: Who seconded it? CHAIRMAN HENNING: County manager wants to chime in here. COMMISSIONER COYLE: Yeah, I just don't have a better solution. If I had one, I'd make a recommendation. MR. MUDD: Can we -- CHAIRMAN HENNING: Yes, please. MR. MUDD: Commissioner, I think one of the reasons that we got where we were with the repetitious thing, because it became easy to write a handwritten note with two things on it and throw it on a fax machine. I think if we could get a little bit more specific on what that letter needs to ask the county manager and tell the board a little bit about what the thing is that they want to talk about -- COMMISSIONER HALAS: I'll go along with that. MR. MUDD: -- so that you have a -- COMMISSIONER COLETTA: I'll go along with that. COMMISSIONER COYLE: Get a -- Page 276 March 11, 2003 MS. FILSON: I'll go along with that. COMMISSIONER COYLE: -- form, prepare a form that's got to be filled out. COMMISSIONER COLETTA: More detail. MR. MUDD: That you have a read-ahead so you know what it's going to be like and what they're asking about, and where the specifics are in that particular case so that you have a chance to have staff or whatever or one of the people that help you, may it be a kitchen cabinet or whatever, to help you and they can take a look at those particular items. Because right now it's a shot in the dark. You give one paragraph and a letter back from me, and whatever comes up comes up. And sometimes you're -- you might not know, based on the presentation, what exactly the issue is. COMMISSIONER HALAS: We could have something similar to the Naples Daily News. They have to submit 250 words or less what they want to talk about. COMMISSIONER COLETTA: I would suggest that we also supply supporting documents, rather than hand them to us here at the commission. I like to be able to spend my Saturdays and Sundays reviewing this at great length, rather than have somebody just drop a whole pile of documents in front of me. That would work very well. CHAIRMAN HENNING: Well, we have a motion and a second not to approve this item. And we can also entertain a motion after this motion fails -- or the motion passes. All in favor of the motion, signify by saying aye. Opposed? (No response.) CHAIRMAN HENNING: Motion carries 5-0. Commissioner Coyle wants to make another motion. COMMISSIONER COYLE: I'd like to make another motion, that we direct the county manager to develop a procedure which must be followed in order to place these things on the agenda, and that Page 277 March 11,2003 procedure would require the completion of a form and -- with sufficient information to let us understand the nature of the petition and all supporting documentation in advance. COMMISSIONER HALAS: I second that. CHAIRMAN HENNING: Okay, I think we're there. Any more discussion? All in favor of the motion, signify by saying aye. Any opposed? (N 0 response.) CHAIRMAN HENNING: Motion carries 5-0. Item #12D WRITTEN SETTLEMENT OFFER OPTIONS FOR BERT HARRIS ACT CLAIM OF AQUAPORT, L.C., NORMAN BURKE AND JIM Next item is 12(D), I think it is. MR. PETTIT: Commissioner, Assistant Mike Pettit -- Assistant County Attorney Mike Pettit again. I'm here to talk to you about -- COMMISSIONER COYLE: Can I make a motion? CHAIRMAN HENNING: Yeah, please, go ahead. COMMISSIONER COYLE: I'd like to make a motion that we don't extend any offers of settlement on this issue. MR. PETTIT: Let me stop you there -- COMMISSIONER COYLE: Okay. MR. PETTIT: -- Commissioner Coyle. The statute seems to require that we make a written settlement offer. But one of the kinds of written settlement offers you could make, and the one I'm going to recommend you make, is to make no change in what you did before. And as I understand it, the primary complaint about what you did before was you amended the land Page 278 March 11,2003 development code to delete the FAR method of calculating hotel development in the residential tourist zoning district. So I'm recommending that you not make a change in that prior action, nor should you make any change, from our point of view, and it's my recommendation you not, as to the revocation of the building permit or the site development plan for the 68-unit hotel, and that you authorize the county attorney office and outside counsel, Ted Tripp, to convey that written settlement proposal in writing. I would add that I think you can reasonably find, as you make your motion, that A, the developer has taken away our ability by building another building to make any meaningful change, adding back FAR calculations in any event; and B, previously you have found that the application of an FAR calculation for a hotel in this zoning district on this particular piece of property led to a development that was inconsistent with the growth management. COMMISSIONER COYLE: Okay, can I do this again then? MR. PETTIT: Yes. COMMISSIONER COYLE: Okay, I'd make a motion we make no change in the action that we had previously taken, and that we direct the legal staff and outside counsel to convey that message to the opposing party. MR. PETTIT: Thank you. COMMISSIONER FIALA: Second that motion. CHAIRMAN HENNING: Okay, we're okay with that motion, Mr. Pettit? MR. PETTIT: Yes, that's what we need to do under the statute. CHAIRMAN HENNING: All in favor of the motion, signify by saYIng aye. Opposed? (No response.) CHAIRMAN HENNING: Motion carries 5-0. Page 279 March 11,2003 Item #15A Last item on our agenda, we go to staffs comments. MR. WEIGEL: Thank you, Mr. Chairman. My comment is only one minor call it agenda index cleanup item, and that is Item 8(A) on the agenda which had to do with -- would have been an ordinance amending Ordinance 99-76 relating to mandatory street numbering. It shows on the index that it was continued to April 8th. And I know that that is your intention, but it was not part of the motion for changes made this morning on the agenda change list, so I'd like for the board to take up Item 8(A) right now and do what would appear to have been done, on paper anyway, and to vote to continue the item 8(A) to the April 8th -- COMMISSIONER COLETTA: I make the motion that we continue 8(A). COMMISSIONER FIALA: And I'll second -- COMMISSIONER HALAS: Second. COMMISSIONER FIALA: -- the motion. CHAIRMAN HENNING: Motion by Commissioner Coletta, second by Commissioner Fiala. All in favor of the motion, signify by saying aye. Opposed? (No response.) CHAIRMAN HENNING: Motion carries 5-0. MR. WEIGEL: Thank you. That's it for me. CHAIRMAN HENNING: Thank you. County Manager Jim Mudd? Item #15B Page 280 March 11, 2003 CARNIVAL PERMIT #2003-03 FOR FAIR IN IMMOKALEE, FL - EXIENDED MR. MUDD: I wish mine was so simple. I've got a request here from Mr. Benny Starling from Immokalee, from the Immokalee Chamber of Commerce, and he's basically asking that the board -- he's requesting that the board continue his carnival permit for one week to have it continue to go from the 11 th of March, today, through March 16th, and they'll pay the appropriate fee. And Joe Schmitt isn't here, so I don't know what the appropriate fee is, but he'll get with Mr. Starling and that will happen. And we just need to have a vote on it. This came in late yesterday afternoon, so I didn't have an opportunity to get it to the board, but I bring it up during discussion in order to do that. But if we're going to continue the carnival permit, I'm going to need a vote in order to do that, just like a regular item. COMMISSIONER COLETTA: Can I help with this just a little bit? CHAIRMAN HENNING: Sure. COMMISSIONER COLETTA: I see everybody looking at me. CHAIRMAN HENNING: No, just -- yeah, we're waiting for you to make a motion. COMMISSIONER COLETTA: Oh, make a motion that we approve the carnival permit for another week, and the appropriate fees be paid. COMMISSIONER FIALA: Okay, second that. CHAIRMAN HENNING: And Mr. Weigel, we have a question. Can we do this without it being on the agenda as advertised? MR. WEIGEL: You're still in the meeting. All that's under the Sunshine Law, you're required to, you know, have notice of the Page 281 March 11, 2003 meeting. You can add it to the agenda during the meeting. So I would opine that you can in fact consider this in the course of your open meeting, which you still have. COMMISSIONER HALAS: Can I just get an explanation why we're extending this carnival permit? Maybe give us some background? MR. MUDD: Because it's a good carnival and it's bringing in money for the community, and they've got some agreements from the folks that, you know, have the rides and things like that, that they would stay on an extra week in order to do that. And they're trying -- and they're collecting the money for a good cause. And you're continuing the permit that they already have. COMMISSIONER HALAS: Thank you very much. CHAIRMAN HENNING: Motion on the floor by Commissioner Coletta, second by Commissioner Fiala. All in favor of the motion, signify by saying aye. Opposed? (No response.) CHAIRMAN HENNING: Motion carries 5-0. Item #15C MR. MUDD: Commissioner, the next item is a -- we're getting the district town hall meetings set up for each one of the commissioners, and we've asked the commissioners to give us items that they would like to talk about. Commissioner Coletta gave me his items today and there are -- I can do everything with stuff except two items, one is the airport authority, and to get them out and talk with that process and they work for you, and the other one is to get the water/sewer -- Page 282 March 11, 2003 Immokalee water/sewer service folks out there, and I'd like your permission to draft the letter for the Chairman's signature, inviting them to attend the District 5 town hall meeting. CHAIRMAN HENNING: Please do so. Item #15D MR. MUDD: Next item is we're getting several requests from representatives, from congress people talking about how do they want to -- it used to be ICET (phonetic) funds, now it's T -21 at the federal level. It has everything to do with a bypass for 1-75 that follows the 82/29 footprint, and some of that's going. We've got local representatives that are talking about speeding up interchange improvements to our 1-75; for instance, the Davis/951 interchange issue. And they're asking for quick turnaround on support for those particular items. And I just wanted to bring up the conversation. It's bringing federal dollars in or state dollars in and getting those projects brought forward for this community that have to do with 1-75, or a new alignment. And I kind of wanted -- before I have the staff say I think the board's going to support this, I would like to have the board talk to me just a little bit about that in public of what we think about it. CHAIRMAN HENNING: My perspective, I've talked to Congressman Mario Diaz- Balart on the needs for 1-75 improvements, and the discussion came up about the bypass. And I know that Commissioner Halas talked to Representative David Rivera on the bypass. David is up there, he's on the transportation appropriations committee, he's going to be fighting for that. COMMISSIONER HALAS: And also Davis is going to be fighting for that, too. Mike Davis. Page 283 March 11,2003 CHAIRMAN HENNING: So my perspective, I think we're kind of in line. I don't know -- COMMISSIONER COLETTA: I have no problem when I'm up there in Tallahassee carrying it to different committee heads, if I'm so instructed to do so. Possibly anyone else that's going to end up in Tallahassee might also volunteer to follow up with other people. CHAIRMAN HENNING: Any money we could get back. Our money -- if we get our money back, the better off we are. COMMISSIONER FIALA: Amen. MR. MUDD: Yes, sir. Item #15E DISCUSSION RE: ORDINANCES BECOMING LAW AND THE ERFSS - DIS.C.l JSSED And the last item I'll bring up, and it's just a -- it's just one. I would ask -- look at, everybody doesn't like some law that's out there, okay, and I will tell you, I probably don't like some of them one way or the other. But I would ask the Commissioners, if we've got staff out there supporting -- or trying to enforce them, along with the sheriff and whatnot, if there's an ordinance that exists, like it or not, if you can -- if you're talking to the press, I would ask you to say I don't like it, I want to make changes to it, but it's the law and we'll enforce it. And make sure you get that bottom line in there, because we've had several folks that have basically given us, you know, full-size pieces of paper and say forget it, get out of my face, keep your notice of violation, and they rip it up and things like that. So-- and it goes with every ordinance, okay? An ordinance is the law, you make the laws, and the law stands until you change the law at the appropriate time, based on your direction. I just -- make sure that you don't fall victim to that Page 284 March 11, 2003 reporter's statement, well, how do you feel about it, and you make a statement and then it ends and then people use that against the people that are trying to enforce it. So if you don't like a law, say you don't like it, but say it still is the law and it will be enforced until we change it. I just ask you to do that for us so that people don't run up against that opposition. Because as Mr. Kramer would say, not everybody is straight up here. And I'm talking about out there in the public. And so that would help us out immensely, and I'd appreciate it very much. That's all I have, Mr. Chairman. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: As Mr. Kramer would say, let's roll. I'm going to pass these out to you. Item #15F What it is on that task force for clam farming, I have to -- in order to be able to move the process forward, I need to send out these letters to the Department of Agriculture and Consumer Services, asking for them to come and put on workshops so that we can -- and also start drafting the required paperwork on the part of the state. It's something that has to be done from this level. Of course these letters have not been sent. They're there for your approval now so that we can get them out. I'm not committing the commission in this letter in any way. I had -- Ellen Chadwell worked on this in some large degree going over this and helped me put it together. I don't know if David's got any comments on it or not. MR. WEIGEL: No, that's fine. CHAIRMAN HENNING: You've got to have a workshop? Page 285 March 11, 2003 COMMISSIONER COLETTA: You better believe it. Those clams don't come from noplace. You've got to educate them and how it's -- oh, it's not a workshop with the commission. This is a workshop with that -- COMMISSIONER FIALA: With the clams. CHAIRMAN HENNING: With the clams. That's what it sounds like to me. COMMISSIONER FIALA: Sorry. Just kidding. COMMISSIONER COLETTA: With that, I'm going to clam up. CHAIRMAN HENNING: Got to have a workshop to raise clams? COMMISSIONER COLETTA: You've got to have a workshop being a public involvement. And it's quite a process of growing clams. CHAIRMAN HENNING: Really? COMMISSIONER COLETTA: It's not something that's as easy as it sounds. You start out with a little tiny seed clam and you have to grow it into a bigger size and a bigger size. COMMISSIONER COYLE: Do we have to listen to this? COMMISSIONER COLETTA: Yes, you do. And clams are very good for you, too. Especially the ones that come from Southwest Florida, around Everglades and Chokoloskee. Oh, and Marco Island. COMMISSIONER HALAS: What about frog legs? COMMISSIONER COLETTA: Frog legs are great for you, too. We're going to get to that next year. COMMISSIONER FIALA: In Goodland. COMMISSIONER COYLE: Move adjournment. CHAIRMAN HENNING: Do you have -- is that the only comment you have? COMMISSIONER COYLE: That's the only comment I have. Page 286 March 11,2003 CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: I have no comment. I'm ready to go. What a day. COMMISSIONER FIALA: Good night. Item #15G CHAIRMAN HENNING: Okay. One thing that I've been working on, and I know that the boating in Collier County is very important to all the residents, and I know manatees is, too. So I've been working with staff, trying to get -- talking to the congressman that we have on what our needs are. One thing that we do need is studies in certain areas. Because there is no historical data on where the manatee is. In two areas, one down by Chokoloskee, and the other one up by Goodland. And if we don't have these studies, big government could come in and create a sanctuary in that area, and that's one thing that we don't want to do. So I think our representatives in congress is going to assist in trying to get some federal dollars for those studies of those areas. COMMISSIONER FIALA: May I comment on that? CHAIRMAN HENNING: I thought you were done. COMMISSIONER COYLE: No, I -- I was up first. CHAIRMAN HENNING: Ladies first. COMMISSIONER FIALA: Thank you, ladies first. Oh, it's the perfect segue, because -- I guess because we've noticed the great need for some studies. My islands advisory board, especially somewhere that manatees are living around Isle of Capri, have gotten together, and we've invited for April 1 st out at Mackie Park, we've invited Save the Manatees and Standing Watch and Florida Fish & Wildlife and the Rookery Bay, along with a realtor -- Page 287 March 11, 2003 CHAIRMAN HENNING: Is this a fish fry? COMMISSIONER FIALA: No, it's an informational meeting where people will actually be able to attend. Everybody's going to be offering viewpoints and information and receive questions and answers from the audience. Just -- I'd love to have you come, because I didn't even realize how interested you were in it. Except I read your letter to Congressman Porter Goss, and so -- CHAIRMAN HENNING: That's a holiday, you know. COMMISSIONER FIALA: Yeah, but we're not going to talk about it now, are we? It's April 1st. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Yeah, very briefly. I want to support what you just said, Mr. Chairman. And I want to follow up with a request, a status request on where we are with getting the manatee protection plan in the growth management plan. Because that's critical to this issue. CHAIRMAN HENNING: It's there. COMMISSIONER COYLE: I don't think so. I don't think it is. If it is, it hasn't come before us. MR. MUDD: Commissioner, Joe Schmitt is going to make sure that that happens during this growth management plan piece. Right now it doesn't necessarily have to reside in it, but it has to be referenced. COMMISSIONER COYLE: Just referenced. But when are we going to make the reference to it? And when you say this next land development code piece, what does that mean? MR. MUDD: Sir, you have a spring cycle that comes in, and you're doing it right now, where you've seen in Joe's cit. reps, you see those people lining up at the end of his cit. rep. saying they want to come forward. One of the items in that process will be putting the manatee Page 288 March 11, 2003 protection plan into the growth management plan, as far as reference. COMMISSIONER COYLE: Translate that into what week or what month are we talking about. MR. MUDD: Sir, everything should be finished by June. The growth management plan has to go up to the state. COMMISSIONER COYLE: Oh, no, no, no, just when are we going to submit it is the question. That's what I'm asking. MR. MUDD: Sir, it's -- packets are being developed right now. COMMISSIONER COYLE: Okay. MR. MUDD: You should see it within the next month or so. It's got to go to -- it has to go to the planning commission and then you've got to hear it twice, last time I looked. COMMISSIONER COYLE: Because that's sort of key to get to where you want to go. COMMISSIONER FIALA: I'm glad you're really delving into that. CHAIRMAN HENNING: Well, that's one of the issues. Commissioner Halas? COMMISSIONER HALAS: Yeah, one of the other just -- one of the other issues that -- in regards to this manatee program, it's very important that we save the manatee, but it's also, I've got concerns about some of the legalities that may happen to the boating industry down here as far as moratorium on docks being built. I'm not sure if it's going to affect our waters or not. And maybe Chairman, you have some information on that? CHAIRMAN HENNING: Well, Collier County sits pretty good because of the manatee protection plan that we do have. Unlike Lee County. But after they settle the Lee County issue, we're next, because Southwest Florida -- or Southwest Florida is a hot topic for manatee protection. So it's something that we want to keep on the radar screen. Any other business? Page 289 March 11, 2003 MR. MUDD: Sir, did you tell us that we're going to do a clam workshop or a public hearing? I didn't get a resolution from that. Somebody said they were going to clam up and that's the last part I got. Did we get direction that we wanted to plan a workshop public hearing and set that up in order to move the clam initiative forward? COMMISSIONER COLETTA: That's going to be set up by the state. That will be in their domain. CHAIRMAN HENNING: And then we're going to have a clambake. We're adjourned. * * * * * Commissioner Coletta moved, seconded by Commissioner Halas and carried unanimously, that the following items under the Consent and Summary Agendas be approved and/or adopted: ***** Item #16A1 RESOLUTIONS 2003-99 THROUGH 2003-104 PROVIDING FOR THE ASSESSMENT OF LIENS FOR THE COST OF THE Item #16A2 THREE-YEAR LEASE AGREEMENT WITH C.P.O.C. REALTY, AN ILLINOIS LIMITED LIABILITY COMPANY, FOR OFFICE SPACE TO BE UTILIZED BY THE TOURISM DEVELOPMENT Item #16A3 RESOLUTION 2003-105 GRANTING FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "CARLTON Page 290 March 11, 2003 LAKES UNIT NO. 3A"-WITH RELEASE OF MAINTENANCE SECIlRITY Item #16A4 RESOLUTION 2003-106 GRANTING FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "PELICAN MARSH UNIT SEVEN REPLA T" -WITH RELEASE OF Item #16A5 RESOLUTION 2003-107 GRANTING FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "PELICAN MARSH UNIT EIGHT"-WITH RELEASE OF MAINTENANCE SECIlRITY Item #16A6 RESOLUTION 2003-108 GRANTING FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "PELICAN MARSH UNIT FIFTEEN"-WITH RELEASE OF MAINTENANCE SECIlRITY Item #16A7 FINAL ACCEPTANCE OF WATER AND SEWER UTILITY FACILITIES FOR BERMUDA BAY TWO, LOT 20- WITH RELEASE OF UTILITIES PERFORMANCE SECURITY TO THE PROJECT ENGINEER OR THE DEVELOPER'S DESIGNATED AGENT Item #16A8 Page 291 March 11,2003 ONE (1) IMPACT FEE REIMBURSEMENT DUE TO COMPASS CONSTRUCTION CO., INC. FOR OVERPAYMENT TOTALING $79S 7R Item #16A9 ONE (1) IMPACT FEE REIMBURSEMENT TO KRAFT CONSTRUCTION CO., INC. FOR $173.28 DUE TO BUILDING Item #16A1 0 FINAL ACCEPTANCE OF WATER UTILITY FACILITIES FOR CARL TON LAKES, TRACT D- WITH RELEASE OF UTILITIES PERFORMANCE SECURITY TO THE PROJECT ENGINEER OR Item #16A11 FINAL ACCEPTANCE OF WATER UTILITY FACILITIES FOR CARLTON LAKES, TRACT U-WITH RELEASE OF UTILITIES PERFORMANCE SECURITY TO THE PROJECT ENGINEER OR Item #16A12 FINAL ACCEPTANCE OF WATER UTILITY FACILITIES FOR LAKEVIEW SE, TRACT G AT CARL TON LAKES-WITH RELEASE OF UTILITIES PERFORMANCE SECURITY TO THE PROJECT ENGINEER OR THE DEVELOPER'S DESIGNATED AGENT Item #16A13 RECORD THE FINAL PLAT OF "MAJORS", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND Page 292 March 11, 2003 MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY-WITH SI.IEllLAII.ONS Item #16A14 RECORD THE FINAL PLAT OF "TWIN EAGLES PHASE TWO A-I" AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE Item #16A15 RECORD THE FINAL PLAT OF "TWIN EAGLES PHASE TWO A-2" AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE Item #16A16 BUDGET AMENDMENT IN THE AMOUNT OF $52,000 RELATED TO LEE CYPRESS WATER AND SEWER COOPERATIVE RECEIVERSHIP ACTION, AS RECOMMENDED BY THE COLLIER COUNTY WATER AND W A SLEW A T.ERAl.IIHO.R.IY Item #16A17 CARNIVAL PERMIT 2003-04 RE PETITION CARNY-2003-AR- 3721, PEG RUBY, SPECIAL EVENTS COORDINATOR, COLLIER COUNTY PARKS AND RECREATION, REQUESTING A PERMIT TO CONDUCT A CARNIVAL ON MARCH 14, 15 AND 16,2003 IN THE VINEYARDS COMMUNITY PARK AT Page 293 March 11, 2003 6231 ARBOR BOULEVARD. (JOSEPH K. SCHMITT, Item #16Bl PROFESSIONAL SERVICES AGREEMENT NO. 03-3446 IN THE AMOUNT OF $986,360 FOR ENGINEERING AND PERMITTING SERVICES TO BE PROVIDED BY AGNOLI, BARBER AND BRUNDAGE, INC. FOR PROPOSED ROADWAY IMPROVEMENTS TO RATTLESNAKE HAMMOCK ROAD FROM POLLY AVENUE TO COLLIER BOULEVARD, PROJECT NO nOl n9 Item #16B2 GRANT OF A PERPETUAL, NON-EXCLUSIVE ACCESS AND MAINTENANCE EASEMENT TO PROVIDE FOR ACCESS AND REGULAR MAINTENANCE BY COUNTY STAFF TO ONE OF Item #16B3 RECIPROCAL AGREEMENT, ASSIGNMENT AND ASSUMPTION AGREEMENT, AND RELEASE AND WAIVER AGREEMENT BETWEEN COLLIER COUNTY AND SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD) INCIDENT TO THE FOUR LANE CONSTRUCTION OF Item #16B4 REALLOCATION OF FUNDING FOR PROFESSIONAL SERVICES AGREEMENT NO. 02-3398 IN THE AMOUNT OF $116,690.00 TO PROVIDE FOR DESIGN FOR WATER AND SEWER RELOCATIONS RELATED TO THE ROADWAY Page 294 March 11,2003 IMPROVEMENTS TO COLLIER BOULEVARD BETWEEN GOLDEN GA TE BOULEVARD AND IMMOKALEE ROAD, E.R.OlECIlS 0 nSOn 1 Item #16B5 RESOLUTION 2003-109 AUTHORIZING THE EXECUTION OF A SUPPLEMENTAL AGREEMENT FROM THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE Item #16B6 PIGGYBACKING OF A PENSACOLA, FLORIDA (ESCAMBIA COUNTY) CONTRACT TO PURCHASE LAY IN PLACE POLYMER MODIFIED COLD MIX PAVING SYSTEM (MICRO- SURFACING) FOR THE ROAD MAINTENANCE DEPARTMENT, ANNUAL AMOUNT IS ESTIMATED TO BE $50,000- WITH FLORIDA HIGHWAY PRODUCTS, CONTRACT iiE.Il..OlJ}2J 9 Item #16B7 BUDGET AMENDMENT REQUEST TO TRANSFER $267,641.78 FROM TRANSPORTATION GAS TAX RESERVES FOR A CASH PAYMENT TO FIRST BAPTIST CHURCH OF NAPLES, INC., FOR THE DEVELOPER CONTRIBUTION AGREEMENT, APPROVED BY THE BOARD OF COUNTY COMMISSIONERS ON OCTOBER 22, 2002 Item #16B8 WORK ORDER NO. DBA-FT-03~01 IN THE AMOUNT OF $165,500 TO AQUAGENIX FOR THE 2003 AUSTRALIAN PINE REMOVAL PROJECT (PROJECT NO. 51501) AND APPROVE A Page 295 March 11, 2003 BUDGET AMENDMENT TO TRANSFER FUNDS IN THE AMOUNT OF $50,000 FROM FUND 325 RESERVES TO FUND 325 AUSTRALIAN PINE REMOVAL PROGRAM COST CENTER J 72940 Item #16B9 BID NO. 03-3459 PURCHASE OF ONE (1) TRAILER MOUNTED TOWABLE AERIAL LIFT TO NATIONS RENT IN THE AMOUNT OF $30,495. (NORMAN FEDER, ADMINISTRATOR, Item #16Cl CHANGE ORDER #1 TO WORK ORDER UC-004 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 $34,120-TO Item #16C2 ACCEPTANCE OF A TEMPORARY CONSTRUCTION EASEMENT FROM WINTERPARK RECREATION ASSOCIATION INC., AND NAPLES WINTERPARK III, INC., FOR CONSTRUCTION OF A 12-INCH SEWER FORCE MAIN FOR THE P ALM DRIVE/DAVIS BOULEVARD FORCE MAIN =711SR) Item #16C3 WORK ORDER (#CPE-FT-03-01) FOR ARE-NOURISHMENT ENGINEERING REPORT AS PART OF COUNTY-WIDE SAND Page 296 March 11,2003 SEARCH, PROJECT 90527, IN THE AMOUNT OF $89,678-WITH Item #16C4 CHANGE ORDER #1 TO WORK ORDER 61 FOR CONSTRUCTION OF THE WESTERN INTERCONNECT FOR WASTEWATER COLLECTION SYSTEMS, IN THE AMOUNT OF $109,486-WITH MITCHELL AND STARK CONSTRUCTION ~C Item #16C5 EXECUTION OF TIME EXTENSION TO GRANT AGREEMENT OF UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (USEPA) GRANT HS-8320501-1 FOR WATER SYSTEM VULNERABILITY ASSESSMENT AT COLLIER Item #16C6 EXECUTION OF AGREEMENT AND AMENDMENTS FOR TIME EXTENSION TO THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD) GRANT CONTRACT C- 13978 FOR BRACKISH WATER SUPPLY WELLS FOR THE SOUTH COUNTY REGIONAL WATER TREATMENT PLANT Item #16Dl LIBRARY SERVICES AND TECHNOLOGY ACT (LSTA) GRANT TO UPGRADE THE LIBRARY AUTOMATION Item #16D2 Page 297 March 11,2003 AGREEMENT WITH RESPECT TO CONTRACT RIGHTS AND OBLIGATIONS FOR THE SANCTUARY SKATE PARK CONCESSION Item #16D3 RFP #03-3445, "VANDERBILT BEACH CONCESSION" WITH ANTICIPATED REVENUE OF $4200 FOR THE REMAINDER OF FY01-TO CABANA.n.AlS Item #16D4 CHANGE ORDER #2 IN THE AMOUNT OF $1,868.25 FOR ADDITIONAL WORK AT GULF SHORE BEACH ACCESS- Item #16D5 REQUEST BY JAMES O'SHEA, EXECUTIVE DIRECTOR, WILLOUGH HEALTH CARE, INC., D/B/A THE WILLOUGH AT NAPLES FOR THE BOARD OF COUNTY COMMISSIONERS TO PROVIDE A LETTER OF SUPPORT TO ALLOW 24 OF 42 EXISTING BEDS FOR GENERAL INPATIENT PSYCHIATRIC CARP, Item #16E1 FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN COLLIER COUNTY AND CROWN CASTLE GT COMPANY AT AN ANNUAL COST OF $8,400-TO INSTALL THREE (3) ADDITIONAL ANTENNAS, A RADIO EQUIPMENT SHELTER ANIliiENERAIOR Item #16E2 Page 298 March 11, 2003 TERMINATION FOR CONVENIENCE OF CONTRACT #01-3287 " " Item #16E3 BID #03-3439 "ANNUAL CONTRACT FOR PAINTING CONTRACTORS" TO SPECTRUM PAINT, WM. T. DECKER PAINTING AND TROPEX CONSTRUCTION-WITH ANNUAL Item #16E4 BID #03-3464 FOR "FULL SERVICE FOR PROFESSIONAL MOVERS" TO SUNCOAST MAYFLOWER, BEST MOVING AND STORAGE OF NAPLES AND NAPLES MOVING AND STORAGE Item #16E5 STAFF'S SHORT LIST FOR ARCHITECTURAL SERVICES FOR THE DESIGN OF THE EMERGENCY OPERATIONS CENTER, RFP 03-3448-NEGOTIATE CONTRACT WITH HARVARD, lOLLRY, CLEF,S, ~ Item #16E6 WORK ORDER #VC-02-05 UNDER RFP #02-3349 GENERAL CONTRACTORS SERVICES WITH VARIAN CONSTRUCTION COMPANY FOR THE RENOVATIONS OF THE 5TH FLOOR COURTHOUSE (FORMER LAW LIBRARY AREA) IN THE AMOUNT OF $172,795 FOR NEW OFFICE SPACE FOR THE CLERKDF COURTS Item #16E7 Page 299 March 11,2003 CHANGE ORDER NO.2 (WORK ORDER NO. SC 02-07) WITH SURETY CONSTRUCTION COMPANY IN THE AMOUNT OF $60,013.08 FOR ADDITIONAL WORK RELATING TO THE RENOVATION OF THE PROPERTY APPRAISER'S LEASED BUILDING INCREASING THE TOTAL AMOUNT OF CHANGE 0RDER.S.TIl.$9n,9li.1J Item #16Fl GRANT APPLICATION IN THE AMOUNT OF $41,802 TO PURCHASE SUPPLIES AND EQUIPMENT FOR THE COMMUNITY EMERGENCY RESPONSE TEAM PROGRAM Item # 16F2 COST-REIMBURSEMENT AGREEMENT, NOT TO EXCEED $75,000, BETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND COLLIER COUNTY TO UPDATE THE TERRORISM ANNEX OF THE COUNTY COMPREHENSIVE EMERGENCY MANAGEMENT PLAN AND FOR THE DEVELOPMENT OF A COLLIER COUNTY CONTINUITY OF OPERATIONS PLAN (COOP) AND APPROVE A BUDGET AMENDMENT TO RECOGNIZE AND APPROPRIATE THE $75,000 AS REVENUE-CONTRACT NO. ~-09-2ldl.1- Item #16F3 - Added APPROVE ISLES OF CAPRI FIRE/RESCUE APPLICATION FOR A MATCHING (50/50) GRANT OFFERED BY THE FLORIDA DIVISION OF FORESTRY IN THE AMOUNT OF $2,749 AND Page 300 March 11, 2003 Item #16Hl COMMISSIONER HALAS REQUEST FOR PAYMENT TO ATTEND THE EDC MEMBERSHIP MEETING AND MIXER-ON MARCH 19,2003, AT THE NAPLES BEACH HOTEL AND GOLF Item #1611 MISCELLANEOUS CORRESPONDENCE-FILED AND/OR REEERRED The following miscellaneous correspondence, as presented by the Board of County Commissioners, has been directed to the various departments as indicated: Page 30 I BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE March 11, 2003 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Minutes: 1. Historical & Archaeolo~ical Preservation Board - Agenda for February 19,2003. 2. 1-75/Golden Gate Ad Hoc Landscaping Beautification Committee _ Minutes of January 15,2003; Agenda for February 12,2003. 3. Bayshore Gateway Trian~le Redevelopment Advisory Board - Agenda for February 5, 2003; Minutes of September 23, 2003. 4. Bayshore Beautification M.S.T.U. - Minutes of January 8,2003. 5. Collier County Plannin~ Commission - Agenda for February 6, 2003; Minutes of January 2, 2003, Agenda for February 6, 2003 6. Environmental Advisory Council- Agenda for February 5, 2003; Minutes of January 8, 2003. 7. Radio Road Beautification M.S.T.U. Advisory Committee - Minutes for January 21,2003; Agenda for February 18,2003. 8. Collier County Airport Authority - Agenda for February 10,2003. 9. Immokalee Beautification M.S.T.U. - Agenda for February 19,2003; Notes of January 15,2003. 10. Collier County Contractor's Licensing Board - Agenda for February 19, 2003. 11. Golden Gate Beautification Advisory Committee - Agenda for February 11,2002; Minutes of January 14,2003. 12. Health & Human Services Advisory Committee - Agenda for November 21,2002; Minutes of November 21,2002. 13. Parks and Recreation Advisory Board - February 19,2003; Minutes of January 15,2003. H:Data/Format H:Data/Format 14. Citizen's Corps Advisory Committee - Minutes of January 23, 2003. 15. Collier County Hispanic Affairs Advisory Board - Agenda for February 19,2003. 16: Community Character/Smart Growth Advisory Committee - Agenda and Minutes of December 11,2002; Agenda and Minutes of January 8, 2003 and Agenda and Minutes of January 15,2003. 17. Local Redevelopment Advisory Board - Agenda for February 26, 2003. 18. Lely Golf Estates Beautification Advisory Committee - Agenda for February 27,2003, Minutes of January 16,2003. March 11, 2003 Item #16J1 DETERMINATION THAT 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 Item #16Kl OFFER OF mDGMENT TO RESPONDENTS JOHN V ASSARAS AND JOAN P. V ASSARAS, FOR THE FEE TAKING OF PARCEL NO. 211A IN THE AMOUNT OF $8,400 IN THE LAWSUIT STYLED COLLIER COUNTY V. EFRAIN ARCE, ET AL, CASE NO. 02-2119-CA (IMMOKALEE ROAD PROJECT #60018)-$1,600 Item #16K2 OFFER OF mDGMENT TO RESPONDENTS ARMANDO A. LAMBERT AND ALGIS L. MADOS, FOR THE FEE TAKING OF PARCEL NO. 208 IN THE AMOUNT OF $7,150 IN THE LAWSUIT STYLED COLLIER COUNTY V. ARMANDO A. LAMBERT, ET AL, CASE NO. 02-2132-CA (IMMOKALEE ROAD PROJECT #60018)-$750 DEPOSITED INTO THE REGISTRY OF THE COURT Item #16K3 OFFER OF mDGMENT TO RESPONDENTS ZUNILDA G. CONFORTE AND SHEL VA Z. CONFORTE, AS TRUSTEES OF THE CONFORTE RESIDUAL CREDIT SHELTER TRUST OF RODOLFO R. CONFORTE U/A/D 2/08/01, FOR THE FEE TAKING OF PARCEL NO. 206 IN THE AMOUNT OF $7,250 IN Page 302 March 11, 2003 THE LAWSUIT STYLED COLLIER COUNTY V. ARMANDO A. LAMBERT, ET AL, CASE NO. 02-2132-CA (IMMOKALEE ROAD PROJECT #60018)-$1,350 DEPOSITED INTO THE REGISTRY OETIIF COURT Item #16K4 OFFER OF mDGMENT TO RESPONDENT mLIANN S. BOBACK, FOR THE FEE TAKING OF PARCEL NO. 196 IN THE AMOUNT OF $6,900 IN THE LAWSUIT STYLED COLLIER COUNTY V. ROBERT W. PIEPLOW, ET AL, CASE NO. 02-2133- CA (IMMOKALEE ROAD PROJECT #60018)-$700 DEPOSITED Item #16K5 OFFER OF JUDGMENT TO RESPONDENTS MEDARO T. SANCHEZ AND OLIVA SANCHEZ FOR THE FEE TAKING OF PARCEL NO. 201 IN THE AMOUNT OF $7,000 IN THE LAWSUIT STYLED COLLIER COUNTY V. JEFFREY A. RICHARDSON, ET AL, CASE NO. 02-2188-CA (IMMOKALEE ROAD PROJECT #60018)-$1,900 DEPOSITED INTO THE REGISIRY OE.IHE COURT Item #16K6 OFFER OF mDGMENT TO RESPONDENTS TIM CHERRINGTON AND MAX CHERRINGTON FOR THE FEE TAKING OF PARCEL NO. 202 IN THE AMOUNT OF $7,000 IN THE LAWSUIT STYLED COLLIER COUNTY V. JEFFREY A. RICHARDSON, ET AL, CASE NO. 02-2188-CA (IMMOKALEE ROAD PROJECT #60018)-$1,900 DEPOSITED INTO THE REGISIRY OE.IHE COURT Item #16K7 Page 303 March 11,2003 OFFER OF mDGMENT TO RESPONDENTS ZUNILDA G. CONFORTE AND SHEYLA Z. CONFORTE, AS TRUSTEES OF THE RODOLFO CONFORTE RESIDUAL CREDIT SHELTER TRUST OF RODOLFO R. CONFORTE U/A/D 2/08/01 THE FEE TAKING OF PARCEL NO. 203 IN THE AMOUNT OF $6,300 IN THE LAWSUIT STYLED COLLIER COUNTY V. JEFFREY A. RICHARDSON, ET AL, CASE NO. 02-2188-CA (IMMOKALEE ROAD PROJECT #60018)-$700 DEPOSITED INTO THE REGISIRY OEIHE COURT Item #16K8 THE SUBORDINATION OF COUNTY'S SIDEWALK EASEMENT INTERESTS TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND WAIVE COUNTY'S APPORTIONMENT CLAIM AGAINST THE ERQEERTY OWNERS Item #16K9 AGREED ORDER AWARDING EXPERT FEES RELATIVE TO THE EASEMENT ACQUISITION OF PARCELS 733A, 733B, 733C, 733D, 733E, 733F, 833A, 833B, 933A AND 933B IN THE LAWSUIT ENTITLED COLLIER COUNTY V. MCALPINE BRIARWOOD, INC., ET AL, CASE NO. 98-1635-CA Item #16KI0 PAYMENT OF ADmSTED HOURLY RATES FOR OUTSIDE COUNSEL IN VANDERBILT SHORES CONDOMINIUM ASSOCIATION, INC., ET AL. V. COLLIER COUNTY, AQUAPORT, LC, ET AL. V. COLLIER COUNTY, ET AL., AND THE BERT HARRIS ACT CLAIM AND RATIFY THE ADmSTED RATES Page 304 March 11,2003 EFFECTIVE AS OF JANUARY 1, 2003-AS CONTAINED IN THE Item #17A MEEI.IN.G.. RESOLUTION 2003-110 RE PETITION A VROW2002-AR2332 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE ROAD RIGHT-OF-WAY FOR CORALWOOD DRIVE WHICH WAS DEDICATED TO THE COUNTY AS 3RD AVENUE NORTHWEST BY THE PLAT OF " " Item #17B RESOLUTION 2003-111 RE CUE-2002-AR-3221, JAMES J. SOPER, REPRESENTING HERON SENIOR HOUSING LLC, REQUESTING A ONE-YEAR EXTENSION OF AN APPROVED CONDITIONAL USE FOR AN ASSISTED LIVING FACILITY ***** 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. Page 305 March 11, 2003 BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF ~~~i~~ UNDER ITS TOM HE IN, Chai~n 4- '8~D~ ... ., '. , ' ",' .., ",',j . r)1 II "," " ", \" 'cD " " -{,", 0.,' ATIEST'" .''''~2, ", dWiGHTj~~ gROCK, CLERK _, c " . ~ - · l>Lf1:~"~~~~~, k \'Att~"tj.'II to ChairMU'S :'sf9nattire on 1,. These minutes approved by the Board on As presented j or as corrected '-t-~-03 TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY TERRI LEWIS AND CHERIE' NOTTINGHAM. Page 306