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BCC Minutes 06/10/2003 RJune 1 O, 2003 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, June 10, 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: Tom Henning Frank Halas Donna Fiala Fred W. Coyle Jim Coletta ALSO PRESENT: Jim Mudd, County Manager Ramiro Manalich, Assistant County Attorney Jim Mitchell, Office of the Clerk of Court Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA June 10, 2003 9:00 a.m. Tom Henning, Chairman, District 3 Donna Fiala, Vice-Chair, District 1 Frank Halas, Commissioner, District 2 Fred W. Coyle, Commissioner, District 4 Jim Coletta, Commissioner, District 5 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 T HE BOARD O N SUBJECTS WHICH ARE NOT O N T HIS 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 RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1 June 10, 2003 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Dr. Rupert Balfour, Golden Gate Seventh Day Adventist Church 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) B. May 13, 2003- Regular C. May 15, 2003 - Town Hall Meeting D. May 20, 2003 - Workshop E. May 20, 2003 - LDC Special 3. SERVICE AWARDS 4. PROCLAMATIONS A. Proclamation to recognize Ken Pineau, Collier County Emergency Management Director, for his services and contributions to Collier County. 5. PRESENTATIONS A. A report to the Board of County Commissioners on the results of an employee "Ethics Audit". (Jean Merritt, Director, Human Resources) 6. PUBLIC PETITIONS Aw Public Petition request by Mr. David A. McEIvain to discuss Vanderbilt Beach Beautification MSTU; Carroll Point Petition for removal from district boundaries. 7. BOARD OFZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS Continued from the May 27, 2003 BCC Meetin.q. An Ordinance of Collier County, Florida, to protect against hazards from substandard construction in public right-of-way; providing purpose and definitions; adoption of construction standards handbook; requiring permits; requiring removal of offending material from right-of-way; repealing Ordinance No. 82-91, as amended by Ordinance 89-26, as amended by Ordinance 93-64; providing rule of construction of this ordinance; providing for conflict and severability, providing for penalties; providing an effective date. This item to be heard at 10:30 a.m. Approve the Goodland Water Sub-District Rate Study and adopt a Resolution increasing the Goodland Water Sub- District Rates, which is Schedule Two of Appendix A to Section Four of the Collier County Ordinance No. 2001-73, providing delayed effective dates. (Jim DeLony, Administrator, Public Utilities) 2 June 10, 2003 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Revenue Commission. B. Appointment of members to the Livingston Road Advisory Committee. Beautification MSTU C. Appointment of member to the Collier County Citizens Corps. D. Appointment of members to the Value Adjustment Board. Continued from the May 27, 2003 BCC Meetinq. Recommendation that the Board of County Commissioners indicate intent to renegotiate and approve a County Attorney Employment Agreement with County Attorney David W. Weigel. 10. COUNTY MANAGER'S REPORT This item to be heard at 11:30 a.m. Presentation by the South Florida Water Management District regarding roads in Southern Golden Gate Estates. (Pam Mac'Kie, South Florida Water Management District) Approve Collier County's participation in the Florida Tax Amnesty Program July 1 through October 31, 2003 covering Local Option Tourist Development Taxes. (Jack Wert, Tourism Director, and Commissioner Henning) C. This item not to be heard later than 1:00 p.m. Legislative update presented to the Board of County Commissioners. (Keith Arnold, Arnold and Blair) Recommendation to Adopt a Supplemental Bond Resolution authorizing the Issuance by the Collier County Water-Sewer District of its (1) Collier county Water-Sewer District Taxable Water and Sewer Refunding Revenue Bonds, Series 2003A, in the aggregate principal amount of not exceeding $15,000,000 in order to provide for the refunding of a portion of the District's outstanding Taxable Water and Sewer Refunding Revenue Bonds, Series 1994A, and (2) Collier County Water-Sewer District Water and Sewer Refunding Revenue Bonds, Series 2003B, in the aggregate principal amount of not exceeding $40,000,000 in order to provide for the refunding of a portion of the District's Outstanding Water and Sewer Refunding Revenue Bonds, Series 1994B. (Mike Smykowski, Director, Office of Management and Budget) Approve the deferral of a TDC Category "A" Grant Application for the maintenance placement of sand on Hideaway Beach in the amount of $600,000. (Joe Schmitt, Administrator, Community Development) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY 3 June 10, 2003 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) Adoption of Resolution 2003- to approve a land purchasing policy for the acquisition of environmentally sensitive lands as authorized by the Conservation Collier Land Acquisition Program. 2) Adoption of Resolution 2003- to approve a target protection area mailing strategy for the Conservation Collier Land Acquisition Program. 3) Approval of Selection Committee ranking of firms for contract negotiations for RFP 03-3504 "Consultant Services for Impact Fee Studies - Emergency Medical Services". 4) Approval of Selection Committee ranking of firms for contract negotiations for RFP 03-3504 "Consultant Services for Impact Fee Studies - Government Buildings". 5) Approval of Selection Committee ranking of firms for contract negotiations for RFP 03-3504 "Consultant Services for Impact Fee Studies - Library System". Request to accept an alternate security for that subdivision known as Glen Eden, Phase Two, and enter into a new construction and maintenance agreement with the new developer. 7) Approval by the Board of County Commissioners authorizing submission of the 2003 Continuum of Care Consolidated Grant Application to the United States Department of Housing and Urban Development (HUD), and authorizing the Board of County Commissioners to sign the application on behalf of the County. 8) Request to accept an alternate security for that subdivision known as Eden on the Bay, and enter into a new construction and maintenance agreement with the new developer. 9) Request to approve for recording the final plat of "Hammock Isles", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. To approve a budget amendment of $25,000 from current planning object code titled "Other Contractual Services" to the Community Redevelopment object code entitled "Other Contractual Services" for the 4 June 10, 2003 expenditure of monies to prepare a mail-out ballot for dissemination to all Naples Park Property Owners. 11) Request for the Board to approve and authorize the Chairman to execute a Construction and Maintenance Agreement for Whippoorwill Lane Roadway Improvements (AR-4185) and for the Board to also approve the Performance Bond attached thereto for the Hold Harmless Indemnification Agreement. 12) Approve a budget amendment canceling or reducing TDC Category "A" Projects, in the amount of $3,213,390.84. 13) Approve the deferral of a TDC Category "A" Grant Application for the renourishment and replacement of temporary T-Groins on Hideaway Beach in the amount of $4,577,000. 14) Approve a budget amendment and TDC Category "A" Grant Application from the City of Naples for sea turtle monitoring in the amount of $7,558. 15) Approve Tourist Development Category "A" Beach Renourishment/Maintenance Grant Applications for Fiscal Year 2003/2004 in the amount of $1,463,100. 16) Approve a TDC Category "A" Grant Application for the renourishment of Vanderbilt, Park Shore and Naples beaches in the amount of $9,000,000. 17) Approve a TDC Category "A" Grant Application for the renourishment of Marco South Beach in the amount of $600,000. 18) Approve City of Naples Tourist Development Category "A" Beach RenourishmentJMaintenance Grant Applications for Fiscal Year 2003~2004 in the amount of $79,756. 19) Approve a Settlement Proposal for the compromise of a Code Enforcement lien imposed in Board of County Commissioners v. Cleveland A. and Carolyn Blocker and payment of $5,000. 20) Community Redevelopment Agency Board Consent Item: To approve a budget amendment of $379,046 for the expenditure of funds from Fund 187 BayshoreiGateway Triangle Redevelopment for the Stormwater Management and Infrastructure Program in the Gateway Triangle/Stormwater Neighborhood. B. TRANSPORTATION SERVICES 1) Request Board approval of installation and landscape maintenance agreement between WCI Communities, Inc., and Collier County for beautification on SR 951; request approval of a resolution authorizing the Board to enter into a landscaping installation and maintenance highway agreement with the Florida Department of Transportation (FDOT) on behalf of WCI Communities, Inc., and approval of execution of FDOT Maintenance Agreement. 5 June 10, 2003 2) To enter into a purchase agreement for the acquisition of right-of-way required for the expansion of Immokalee Road between Collier Boulevard and 43rd Street Northeast. Fiscal Impact: $396,239.50. 3) Approve Selection Committee ranking of firms for contract negotiations for RFP 03-3480 "Fixed Term Professional Environmental Consulting Services" (estimated dollar amount of contract not to exceed $500,000 annually per form). 4) Request Board approval of two Local Agency Program (LAP) Agreements with the Florida Department of Transportation (FDOT) and the requisite resolutions, and approve a budget amendment in the amount of $420,000 to provide additional funds for the Davis Boulevard (SR 84)/Collier Boulevard (CR-951) Intersection Improvement Project. 5) 6) Approve Contract Supplemental Agreement No. 4 in the amount of $830,720 for professional engineering services by Wilson Miller Inc. for the Santa Barbara/Logan Boulevard four/six-laning from Davis Boulevard to Pine Ridge Road and the four-laning of Radio Road from Santa Barbara Boulevard to east of Davis Boulevard at Robin Hood Circle, Collier County Project No. 62081. Approve a budget amendment to move $126,000 from the Transportation Road and Bridge Maintenance Operations Capital Budget to the Operating Budget for the purchase of lime rock for the remainder of the fiscal year. 7) Approve a Resolution to allow the County Manager to enter into a Joint Project Agreement (JPA) with the Florida Department of Transportation (FDOT) t o provide f or t he completion o f Phase O ne o f t he Countywide Computerized Traffic Signal System by Collier County. C. PUBLIC UTILITIES 1) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste residential accounts wherein the County has received payment and said liens are Satisfied in Full for the 1991 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact is $24.00 to record the liens. 2) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are Satisfied in Full for the 1992 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact is $42.00 to record the liens. 3) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are Satisfied in Full for the 1993 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact is $48.00 to record the liens. 4) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said 6 June 10, 2003 liens are Satisfied in Full for the 1994 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact is $54.00 to record the liens. 5) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are Satisfied in Full for the 1995 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact is $100.50 to record the liens. 6) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are Satisfied in Full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact is $135.00 to record the liens. 7) Board approval of a budget amendment recognizing positive carry forward variance in the Water Pollution Control Fund (114) in the amount of $444,400. 8) Authorization to execute and record Satisfactions for certain water and/or sewer impact fee payment agreements. Fiscal impact is $229.50 to record the Satisfactions. 9) Approve a contract amendment, under Contract #02-3311, "Fixed Term Professional Geographic Information System Services (GIS)" for Collier County, with Wilson Miller Inc., Project 50014, in the amount of $69,600. 10) Approve funding related to revising the Collier County Utilities Standards, Project 70202, in the amount of $26,000. 11) Approve Work Order #UC-034 with Douglas N. Higgins, Inc., in the amount of $543,010 for construction of a 16-inch force main along Collier Boulevard (CR-951) from Summit Place to Immokalee Road (CR-846), Project Number 73086. 12) Approve funding related to raw water booster pumping station reliability improvements, noise control, and property acquisition in the amount of $241,000. 13) Approve the purchase of a 1.65-acre site on Immokalee Road for a wastewater master pump station at a total cost not to exceed $47,635 (Project No. 73153). D. PUBLIC SERVICES 1) Approval of a lease agreement with New York Newco Subsidiary, Inc., for the installation of a communications tower at Veterans Park for a first year's income of $35,000. 2) Approve modification to Purchase Order #103221 with J. Roland Lieber Landscape Architects for Golden Gate Community Center Expansion. 7 June 10, 2003 E. ADMINISTRATIVE SERVICES 1) Renewal of Bid No. 00-3091, "Fleet Vehicles", with Tamiami Ford Inc., for three years, at an estimated contract value of $3,600,000. 2) Approve Contract Award for RFP 03-3470 "Network Security Assessment" (Contract amount of $32,640). 3) Recommendation to award Bid No. 03-3466, Generator Repair, Maintenance and Installation, to AAA Generator, Inc., for County-wide maintenance of equipment in the estimated annual amount of $300,000. 4) Approve Contract Amendment involving Contract #02-3364, "Livingston Road from Immokalee Road to Lee County Line", to clarify the language regarding the accumulation and subsequent release of contractor retainage. 5) Recommendation to award RFP No. 03-3469, Fire Sprinkler Testing, Maintenance and Installation. (Estimated value $102,000) 6) Approval to Award Bid #03-3493 to Vanderbilt Bay Construction Inc., and to enter into a construction contract in the amount of $1,650,406 for the construction of the Grey Oaks Public Safety Facility. 7) Approve a donation between Guy L. Carlton, Collier County Tax Collector, and Collier County for real property housing the Driver's License Offices on Airport Road, the cost of which should not exceed $50. 8) Approval to award Contract #03-3448, Architectural Services, to Harvard Jolly Clees Toppe Architects, in the amount of $1,859,400, for the design of the Emergency Operations Center. 9) Approval of a Budget Amendment to the Group Health and Life Plan to fund claims payments and to maintain reserve requirements through September 30, 2003. F. COUNTY MANAGER 1) Approve a budget amendment transferring $45,600 from General Fund Reserves to the Emergency Management Administration Budget for Fiscal Year 2003. 2) Recommendation that the Board of County Commissioners award Bid #03-3520 in the amount of $44,800 for purchase and delivery of pine straw mulch to Forestry Resources Inc. 3) Approval of a budget amendment to upgrade television broadcast and presentation capabilities in the Commission Chambers. (Approximate cost is $190,000) 8 June 10, 2003 4) Approval of a Budget Amendment Report - Budget Amendment #03-348 in the amount of $10,000; #03-349 in the amount of $3,000; and #03-350 in the amount of $10,000 to pay for water and sewer charges for the remainder of the fiscal year. G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS 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. 2) To present to the Board of County Commissioners the State Revenue Sharing Application for Fiscal Year 2003-2004 and to obtain approval for the Chairman to sign the application. 3) New precinct boundaries and numbers to reflect Commission District Boundaries. K. COUNTY ATTORNEY 1) Request by the Collier County Industrial Development Authority for approval of a resolution authorizing the Authority to issue revenue bonds to be used to finance manufacturing facilities for The March Group LLC and March, Inc. 2) Request by the Housing Finance Authority of Collier County for approval of a resolution authorizing the Authority to issue refunding bonds to be used to refinance bonds issues in 2000 for Wild Pines of Naples Phase II Apartments. 3) Approve the Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement relative to the acquisition of Parcels 105 and 106 in the Lawsuit styled Collier County v. Faith Bible Church of Naples, Inc., et a I., Case N o. 9 9-2165-CA ( Immokalee Road, Project N o. 69101). 4) Approve the Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement relative to the Acquisition of Parcel 102 in the Lawsuit styled Collier County v. Tree Plateau Co., Inc., et al, Case No. 03-0519-CA (Immokalee Road, ProJect No. 60018). 9 June 10, 2003 5) Authorize application for Tax Deeds for 129 County-held tax certificates and authorize notice to proceed to the Tax Collector. 6) Approve a proposed Settlement Agreement providing for Abatement of Violation and Compromise of Lien in two Code Enforcement Lien Foreclosures entitled Collier County v. Anthony J. Varano, Case Nos. 99- 4226-CA and 00-3430-CA. 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 AUTHORIZlNG 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. FOR THOSE ITEMS, WHICH ARE QUASIJUDICAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition AVPLAT2003-AR3995 to disclaim, renounce and vacate the County's and the Public's interest in a portion of the 20 foot wide lake maintenance easement located along the rear of Lot 2, according to the plat of "Davinci Estates" as recorded in Plat Book 35, Pages 33 through 37, Public Records of Collier County, Florida. Located in Section 21, Township 48 South, Range 26 East. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2003-AR-3730 David A. Titsch, of Titsch and Associates Architects, Inc., representing East Naples Fire Control District, requesting Conditional Use 11 of the "C-4" Zoning District to allow a fire station. The property is located on the southeast corner of Bayshore Drive and Jeepers Drive, further described as Lot 107, Naples Grove and Truck Company Little Farms No. 2., in Section 14, Township 50 South, Range 25 East, Collier County, Florida, consisting of 0.63+ acres. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 10 June 10, 2003 June 1 O, 2003 CHAIRMAN HENNING: I call the meeting of the Board of Commissioners to order. Today is June 10th, 2003. Today we have Dr. Rupert Balfour from Golden Gate Seventh Day Adventist. He will be giving our invocation this morning, and to follow that will be Jose Nunez. He's an intern for the Board of Commissioners assisting our assistants, and he's also a student from St. John Neumann's High School. Jose will be leading us in the Pledge of Allegiance. So would you all rise for invocation and the pledge. DR. BALFOUR: Oh, God, our Father, we thank you for loving kindness. As we're here, we ask that thou will bless the commissioners, bless their associates, the men and women who work for efficient service in this county. Continue to bless the people of this good state, keep us from danger, continue to lead our lives. We ask in your name for Christ's sake. Amen. (The Pledge of Allegiance was recited in unison.) CHAIRMAN HENN1NG: Ask the county manager if we have any corrections, additions, deletions to today's agenda. Item #2A REGULAR, SUMMARY, AND CONSENT AGENDA- APPROVED AND/OR ADOPTED WITH CHANGES MR. MUDD: Yes, sir. Mr. Chairman, good morning. I call your attention to the change sheet. Item 2(E), approval of minutes should read, May 21st, 2003 LDC special, rather than May 20th, 2003, LDC, and that's at the staff's request. Second item is move item 16(A)13 to 10(F) to be heard in conjunction with item 10(E). Also, the second paragraph of Page 2 June 1 O, 2003 considerations in the executive summary should read on this item, the Coastal Advisory Committee recommended approval of $2.3 million for the structures portion of this grant application after meeting on May 8th, 2003. The hydraulic fill portion of this project was recommended for consideration in the following budget year. And that move was at Commissioner Fiala's request. The next item, move item 16(A)10 to 10(G), to approve a budget amendment of $25,000 from current planning object code titled, other contractual services, to the community development (sic) object code entitled others contractual services for the expenditures of moneys to prepare a mail-out ballot for dissemination to all Naples Park property owners, and that move is at Commissioner Halas's request. Next item. Item 16(A)20, the board required to approve this item separately as a community redevelopment agency board, and that's not to move, but it's just to give recognition to that fact, and that item it to approve a budget amendment of $379,046 for the expenditures of fund (sic) from Fund 187, Bayshore/Gateway Triangle Redevelopment for Stormwater Management Infrastructure Program in the Gateway Triangle/Stormwater Neighborhood. Next item. Item 16(B)7 should read, approve a resolution to allow the chairman of the Board of County Commissioners to enter into a joint project agreement, in brackets, JPA, with the Florida Department of Transportation, FDOT, to provide for the completion of phase one of the county-wide computerized traffic signal system by Collier County, and that's at staff's request. Next item. Continue item 16(F)2 to January (sic) 24th, 2003, BCC meeting. Recommendation for the Board of County Commissioners to award a bid, number 03-3520 in the amount of $44,800 for the purpose (sic) and delivery of pine straw mulch to Forestry Resources, Inc., and that's at the staff's request. Page 3 June 10, 2003 COMMISSIONER FIALA: he say January? COMMISSIONER HALAS: COMMISSIONER FIALA: You mean June 24th, right? Didn't He did. Okay. MR. MUDD: I'm sorry, June 24th, 2003. COMMISSIONER FIALA: Okay. MR. MUDD: I must be thinking about Christmas. COMMISSIONER FIALA: No, I was listening carefully. MR. MUDD: Yeah. Thank you, ma'am. Next item is to move item 16(J)3 to 13(A) to be heard immediately following item 10(C). New precinct boundaries and numbers to reflect commission district boundaries, and that's at staff's request. Next item, item 16(K)(2). Note a scrivener's error on page two, paragraph two, of the executive summary. The reference to Cleveland Clinic is incorrect and the name Wild Pines Apartments should be in its place. That's at staff's request. But I will let you know that Commissioner Fiala pointed that out to me yesterday, so she is definitely on target today. COMMISSIONER COLETTA: There you go. CHAIRMAN HENNING: She always is. MR. MUDD: Next item. Continue item 16(K)6 to June 24th, 2003, BCC meeting. Approve a proposed settlement agreement providing for abatement of violation and compromise of lien in two code enforcement lien foreclosures entitled Collier County versus Anthony Varano, case number 99-4226-CA and 00-3430-CA, and that's at staff's request. And if we mm the page, we'll just make sure we have the time certains down. Item 8(B) will be heard at 10:30. Item 10(A) will be heard at 11:30. Item 10(C) will be heard no later than one p.m. And the reason Page 4 June 10, 2003 I said that is, at one time I thought this meeting would get done around noon, but it's probably going to be dead on about one o'clock. The next item, item 13(A), to be heard immediately following 10(C), and that's that precinct item for the board of-- from the supervisor of elections. That's all I have, Mr. Chairman. CHAIRMAN HENNING: County Attorney Ramiro Manalich, do you have anything for us today? MR. MANALICH: No, Mr. Chairman. CHAIRMAN HENNING: Okay. I'll start down with Commissioner Coletta. Do you have any changes to today's agenda or any ex parte communication under the summary agenda? COMMISSIONER COLETTA: Nothing under the summary agenda. Yes, I do have three items I'd like to pull from the consent agenda. That's 16(A) 15, 16(A) 16, and 16(A) 17. CHAIRMAN HENNING: Okay. These are all TDC -- COMMISSIONER COLETTA: That's correct. CHAIRMAN HENNING: -- grant -- okay. And those will go on 10(Z) to -- no, we're not down to Z. MR. MUDD: 16(A) 15 will be 10(H); 16(A) 16 will be 10(I); and 16(A) 17 will be 10(J). CHAIRMAN HENNING: Okay. Anything else, Commissioner? COMMISSIONER COLETTA: No. Thank you very much. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Mr. Chairman, I have no changes and I have no disclosures for the summary agenda. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: I have no disclosures for the summary and everything else is okay. Page 5 June 10, 2003 CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: I have one disclosure for the summary agenda, and that is 17(C) -- what is that number? Hold on just a minute. CHAIRMAN HENNING: A or B? COMMISSIONER FIALA: 17(B), and that is with regard to the East Naples Fire Station. And I've spoken to the fire commissioner and the fire chief, plus I've had an email. And other than that, I have no corrections, additions, or other -- other ex parte. CHAIRMAN HENNING: Okay. Myself, I want to pull 17(B) to put it -- be put on the regular agenda and -- just for a, hopefully a slight correction. Or Mr. County Manager, we might be able to do that now, if the -- if staff is willing to correct something on the agenda that -- or on the application that I have some concerns. It would be transportation. MR. MUDD: Hey, Norm and Joe, if you could come forward on this so we can discuss 16(B) and get things worked out, please. CHAIRMAN HENNING: If I could ask somebody from the East Naples Fire Department to step to the other podium. My concern is, there's a statement in here stating that it may request a traffic impact statement. And my feeling is, if we can get the East Naples Fire Department to commit to a three-bay station what is predict -- is proposed on the site development plan -- MR. POTTENGER: That's correct. CHAIRMAN HENNING: And my feeling, that our staff knows what's going to be there, and we shouldn't need a transportation impact statement. Can our transportation department agree to that? MR. FEDER: Commissioner Henning -- first of all, for the Page 6 June 1 O, 2003 record, Norman Feder, transportation administrator. It's my understanding that the site plan that's provided in this is, in fact, a commitment of that final site plan, that this is not just a rezoning, but is a special use. This is a consideration of the site plan that's provided with this document; is that correct? Refer to community development. MS. DESELEM: Good morning. For the record, Kay Deselem, principal planner, current planning. The request before you is a conditional use for a fire station. It is tied to a certain site plan, per condition. And I'm not exactly certain what condition it is that we're trying to remove or change. There isn't a specific condition that requires a traffic impact statement, so I'm not certain exactly-- CHAIRMAN HENNING: Correct. MS. DESELEM: -- certain what the issue is. CHAIRMAN HENNING: It says it may require a traffic impact statement. That's what the document says before the board. MS. DESELEM: Which condition, if I may ask? CHAIRMAN HENNING: It would be under transportation. MS. DESELEM: Okay. We have a list of conditions that's attached, it's the last page, and it talks about East Naples Fire Station conditions for approval, and those are the specific conditions that would be tied to this particular site plan and this use. There is a condition seven that talks about alternative transportation modes, but that has to do with the Bayshore MSTU and irrigation and landscaping. There is no specific requirement that I'm aware of that would require the applicant in this petition to have a TIS. CHAIRMAN HENNING: Okay. It's in our document here. And right now I can't -- can't find it, so if it is there, does staff have any problem removing that? MR. FEDER: In answer to your question, Commissioner, no, Page 7 June 1 O, 2003 we do not. CHAIRMAN HENNING: Okay. Great. So that's part of the amendment to today's agenda. So with that, I'll entertain a motion to accept today's agenda with the amendments. COMMISSIONER COLETTA: Question, if I may. CHAIRMAN HENNING: Sure. COMMISSIONER COLETTA: I just wonder if this is going to become a policy that we exempt all public facilities from scrutiny in the future. Is this what we're talking about doing? MS. DESELEM: We are not specifically addressing the action as part of the conditional use. The applicant would need to submit whatever's required for the SDP approval when he submits for it. And it goes to a timing element, as I understand it. Transportation can also address this. But if-- there's a time frame that elapses under which we had a TIS information done at the initial stage for the conditional use, and then things change after that when they actually come in for a site development plan. It's only fair to expect them to analyze the traffic as it exists when they're seeking to have the actual approval. But we have not stipulated any specific question -- or I'm sorry -- any specific condition that would exempt them from any requirement for an SDP approval. They would need to comply with whatever's required. COMMISSIONER COLETTA: So what we're asking to do right now is to tell them to go ahead but they don't need it? I'm a little lost. COMMISSIONER HALAS: Yeah, that's -- MR. FEDER: Again, Norman Feder. Commissioner, in answer to your question, no, we're not exempting public facilities. I think the question at this point is, we have a three-bay fire station with a site plan provided. Page 8 June 10, 2003 The major concern we had was to make sure that the fire trucks, as I'm sure the fire department as well doesn't want, are not backing out into the roadway. We think that's been addressed in the site plan. We do not see, based on this site and with the three-bay, that there's a requirement to go through a traffic impact statement. I will definitely defer to the chairman. I'm sure it's written in there or he wouldn't have raised it, but it wasn't in the list of conditions placed on this project, that there be a TIS, and we are ready to submit on the record that, with what we have in front of us, that we're not requesting that. CHAIRMAN HENNING: Okay. I don't have any questions. It's not there. It's not an issue, so we can move on. Is that okay, Commissioner Coletta? COMMISSIONER COLETTA: No, not really. I don't mean to belabor this, but I do have a couple more questions. Yo give me a comparison. Suppose we have an EMS station going in. Same rules right across the board? CHAIRMAN HENNING: Different use. MR. FEDER: Commissioner, first of all, what we do is we try to look at the site, both the intensity and the nature of what's being proposed, whether it's public or private facility. In this case, as I said, we've got a facility that we feel is designed to the site, addresses our major concerns. And again, we did not put a stipulation in there. And we are of the understanding now -- I wasn't when I first spoke to the commissioner on this -- but that this is a commitment to this site plan rather than just purely a rezoning that could end up in a different site plan being proposed. With that in mind, one, wasn't a stipulation specifically made, and, two, we are ready to agree that the site is developed consistent with our concerns for transportation in this case. This is not a blanket statement that public facilities of any nature will not be reviewed specifically for the transportation impact -- Page 9 June 10, 2003 COMMISSIONER COLETTA: So you're willing to sign off on this one as meeting all the criteria that's out there, and that you don't see any problem with it? MR. FEDER: From everything that I have been advised, yes. COMMISSIONER COLETTA: Is there something you haven't been advised on? I mean, do you have all the facts? I'm sorry. I'm asking direct questions and I want direct answers. MR. FEDER: Since this is my first day really back from a three-week vacation -- COMMISSIONER COLETTA: Welcome back, by the way. MR. FEDER: -- I don't -- thank you, I appreciate that. But from what I've seen, Commissioner, yes, I am willing to stipulate that on this project. COMMISSIONER COLETTA: That's good enough for me. Thank you. CHAIRMAN HENNING: Entertain a motion to accept today's agenda as -- COMMISSIONER COLETTA: So move. COMMISSIONER COYLE: Second. CHAIRMAN HENNING: -- amended. Motion by Commissioner Coletta, 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. Page 10 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING June 10,2003 Item 2E: Approval of Minutes should read: May 21, 2003 LDC Special (rather than May 20, 2003). (Staff request) Move Item 16(A)13 to 10F (To be heard in conjunction with Item 10E) Also, the second para.qraph of Considerations in the Executive Summary should read: "The Coastal Advisory Committee recommended approval of $2,300,000 for the structures portion of this grant application at their meeting on May 8, 2003. The hydraulic fill portion of this project was recommended for consideration in the following budget year." (Commissioner Fiala request.) Move Item 16(A)10 to 10G: To approve a budget amendment of $25,000 from current planning object code titled "Other Contractual Services" to the Community Redevelopment object code entitled "Other Contractual Services" for the expenditure o f monies t o prepare a m ail-out b allot f or dissemination t o a II Naples Park Property Owners. (Commissioner Halas request.) Item 16(A)20: The Board required to approve this item separately as the Community Redevelopment Agency Board. To approve a budget amendment of $379,046 for the expenditure of funds from Fund 187 Bayshore/Gateway Triangle Redevelopment for the Stormwater Management and Infrastructure Program in the Gateway Triangle/Stormwater Neighborhood. Item 16(B)7 should read: Approve a Resolution to allow the Chairman of the Board of County Commissioners to enter into a joint project agreement (JPA with the Florida Department of Transportation (FDOT) to provide for the completion of phase one of the County-wide computerized traffic signal system by Collier County. (Staff request.) Continue Item 16(F)2 to June 24, 2003 BCC Meetin.q: Recommendation that the Board of County Commissioners award Bid #03-3520 in the amount of $44,800 for purchase and delivery of pine straw mulch to Forestry Resources, Inc. (Staff request.) Move Item 16(J)3 to 13A to be heard immediately followinq Item 10C: New Precinct Boundaries and Numbers to reflect Commission District Boundaries. (Staff request.) Item 16(K)2: Note scrivener error on page 2, paragraph 2 of the executive summary. The reference to Cleveland Clinic is incorrect and the name Wild Pines Apartments should be in its place. (Staff request.) Continue Item 16(K)6 to June 24, 2003 BCC meetinq: Approve a proposed Settlement Agreement providing for Abatement of Violation and Compromise of Lien in two Code Enforcement Lien Foreclosures entitled Collier County v. Anthony J. Varano, Case Nos. 99-4226-CA and 00-3430-CA. (Staff request.) TIME CERTAIN ITEMS Item 8B: To be heard at 10:30 a.m. Item 10A: To be heard at 11:30 a.m. Item 10C: To be heard no later than 1:00 p.m. Item 13A: To be heard immediately following Item 10C. June 1 O, 2003 Item #2B, Item #2C, Item #2D, and Item #2E MINUTES OF: MAY 13, 2003 REGULAR MEETING; TOWN HALL MEETING OF MAY 15, 2003; WORKSHOP MEETING OF MAY 20, 2003; AND LDC SPECIAL MEETING OF MAY 21, 2003 -APPROVED AS PRF, SF, NTF, D Entertain a motion to accept the May 13, '03, regular meeting; May 15th, '03, town hall meeting; May 20th, '03, workshop; May 21st, '03, special LDC. COMMISSIONER HALAS: So move. COMMISSIONER COYLE: Second. CHAIRMAN HENNING: There's a motion by Commissioner Halas, 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. Item #16A20 - CRA Consent Item MR. MANALICH: Mr. Chairman, just a clarification for the record on item 16(A)20 on the consent agenda, that was approved by you as -- sitting as the community redevelopment agency, and that was noted on the agenda index. CHAIRMAN HENNING: That's correct. Would you like a separate motion on that just to clarify? Page 11 June 1 O, 2003 MR. MANALICH: Sure. CHAIRMAN HENNING: Entertain a motion to accept 16 -- MR. MANALICH: (A)20. CHAIRMAN HENNING: -- (A)20 as CRA board. COMMISSIONER COYLE: So move. COMMISSIONER FIALA: Second. COMMISSIONER HALAS: Second. CHAIRMAN HENNING: Motion by Commissioner Coyle, 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: (No response.) CHAIRMAN HENNING: Any opposed? Motion carries. MR. POTTENGER: Thank you. CHAIRMAN HENNING: Thank you, Chief. Item #4A PROCLAMATION RECOGNIZING KEN PINEAU, COLLIER COUNTY EMERGENCY MANAGEMENT DIRECTOR, FOR HIS SERVICES AND CONTRIBUTIONS TO COLLIER COUNTY -ADOPTED Proclamations. We have -- recognize one of our long-standing employees, Ken Pineau. Mr. Pineau, are you here? Thank you. COMMISSIONER HALAS: There he is. CHAIRMAN HENNING: Come up to the dais, please. Face Page 12 June 1 O, 2003 the audience. And it's an honor for me to deliver this proclamation. Whereas, Ken Pineau as being (sic) his professional career with Collier County government in 1985 where (sic) he was hired as solid waste coordinator. In 1986, he was named fleet management director. From August '87 through to president -- present, Ken has been emergency management director; Whereas, Ken has received accreditations from the -- as a certified emergency management manager from the International Association of Emergency Management and as a Florida professional emergency manager from the Florida Emergency Preparedness Association; and, Whereas, Ken has assumed effective and efficient leadership role in several emergency operation centers activation and has requested (sic) for mutual aid during the past 15 years. Also, he has been responsible for many incentives (sic) and have (sic) enhanced public safety and disaster preparedness throughout the countywide community, earning himself-- or him universal respect in Collier County and statewide; and, Whereas, Ken has (sic) awarded the Governor's Hurricane Emergency Management award in 2001, which recognized him for his tireless and unselfish efforts to provide (sic) the overall hurricane preparedness of Florida and for serving as a model as defined as (sic) consummate emergency manager; and, Whereas, Ken before relocating in Naples in 1984, served for 30 years as weather forecaster in the United States Air Force. In addition to attending weather school in the Air Force, he has also earned a bachelor's degree in Europe -- European history from the University of Maryland and attended graduate school in the University of Oklahoma where he has majored in public administration; and, Whereas, Ken is retiring effective June 30th, 2023 -- oh, I'm Page 13 June 10, 2003 sorry -- 2003, from Collier County government after serving 18 years of dedicated, loyal service; and, Whereas, the Board of Commissioners of Collier County, the county administrator (sic), and the county staff, as well as county -- Collier County community, do hereby recognize Ken's achievements. Now, for -- be it proclaimed by the Board of Commissioners of Collier County, Florida, the emergency management director, Ken Pineau, receives recognition for his contribution to Collier County. We extend our sincere appreciation and genuine gratitude for his job well done and wish Ken the best in his future endeavors. I make a motion that we approve this proclamation. (Applause.) COMMISSIONER FIALA: Second. COMMISSIONER COYLE: Second. CHAIRMAN HENNING: Motion by Commissioner Henning, 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. COMMISSIONER COYLE: Thank you very much. COMMISSIONER COLETTA: We'll see you in 2023. CHAIRMAN HENNING: Let's get a picture. MR. MUDD: Ken, you get a picture. CHAIRMAN HENNING: Maybe we can get a picture also with the county manager and the Board of Commissioners with Mr. Pineau. MR. MUDD: Hold up. Here we go. Ready? Mechanical failure. See, I got up there and it will be broken. CAMERAMAN: Well, I'm so sorry. Page 14 June 10, 2003 COMMISSIONER COYLE: Come back in 2023. CHAIRMAN HENNING: Let's try again. MR. MUDD: How we doing? CAMERAMAN: One more, please. (Applause.) MR. PINEAU: Well, this has to be the fastest 18 years I've ever spent in my life. But we've made a lot of changes over the years. When I first came to the county back in 1985, as the proclamation stated, I spent a year in solid waste department, then fleet management. I think the Peter Principle arrived pretty early back then, so then they made me emergency manager. I really didn't know a lot. And fortunately, senior staff let me go up to the National Emergency Training Center in Emmitsburg, Maryland. I've been up there a few times. In fact, despite the rumors, they're not naming the dining hall after me. But when I first started in emergency management, we had a very small area actually we -- with Billie Moyers, where there was just a staff of two. Then I spent 14 more great years with Gary Arnold before his untimely passing, and then we went into -- when the supervisor of elections moved out, we took over their space, but we're running out of space again. So I notice on the agenda today that we have some design and engineering for a new emergency service complex, and think that that's going to be sorely needed here in the near furore, especially in this age of domestic terrorism. I think we need to get out of this building here. But if I had any success, it's because of the -- I've been really blessed with the co-workers that I've had, not only on staff, Gary Arnold, Billie Moyers, but also Rick, Jim, Joni Vander Till, Darcie keeps me out of trouble all the time, Patti Clemens of our special needs program. We've been really blessed. Page 15 June 10, 2003 So I wish I could stay a little bit longer, but we're going to go out and spend a little time traveling, seeing some of the United States. And at this time, if I may, I'd like to introduce the audience to a real master of disaster, Dan Summers. Dan comes to us from Wilmington, North Carolina, and he's certainly had his share of hurricanes. So I hope he leaves them up there though. Thank you very much. (Applause.) MR. MUDD: Hey, Dan. Dan, if you'd just wait a little bit. Dan comes from New Hanover County in Wilmington, North Carolina, to try to fill Ken Pineau's shoes, and I haven't compared shoe size, but I will tell you, Ken leaves a legacy of excellence that Dan will have to try to live up to. Mr. Summers is an exceptionally qualified manager. He possesses the technical background, work experience, formal education and training and demonstrated leadership abilities required to continue the tradition of excellence established by Ken and his staff. Mr. Summers is highly regarded as a leader in the field of emergency management and as a respected adjunct faculty member of the Federal Emergency Management Agency National Training Institute. So I will tell you we hired probably the best in the United States to try to fill Ken's shoes, and we're lucky to get Mr. Summers to come to this county. Now, how many hurricanes have you been through? MR. SUMMERS: Just 11, Jim. MR. MUDD: Just 11, okay. MR. SUMMERS: Thank you. CHAIRMAN HENNING: Welcome -- MR. SUMMERS: It's a real honor to be with you-all and be Page 16 June 10, 2003 part of the Collier County family. Having 19 years in county government, trust me, county government is family, and it's a real honor to be here with you. And Ken has an exceptional program. I knew that, that's why I put my name in the hat, and I know that Collier County is a very fine and professional organization. And again, it's my thrill to be here. Yes, I did leave the bull's eye back in Wilmington, hopefully, for all the presidentially-declared disasters, but you have an outstanding organization here, and it's my job to continue to be the county's best boy scout and continue to make you as prepared as possible with all the staff and the resources and be ready for whatever faces us in emergency management. And heavens knows, there's a lot of new things out there on the radar screen. So it's an honor to be with you. Look forward to working with you. I live and breathe emergency management 24/7, because that's just part of the job. It's an honor to serve and honor to be part here in Collier County, so thank you-all very much. CHAIRMAN HENNING: Thank you. MR. SUMMERS: Thank you. (Applause.) CHAIRMAN HENNING: Go to presentations. Item #5A RESULTS OF AN EMPLOYEE "ETHICS AUDIT"-STAFF TO BRING BACK RECOMMENDATIONS IN ORDER TO [MPIJF, MF, NT THE RESI HiTS 5(A), report to the Board of Commissioners on a resolution of employees' ethics audit, and today we have Dr. -- MS. WIDAS: Good morning, Commissioners. Terri Widas, direct -- career development and training manager, human resources. Page 17 June 10, 2003 CHAIRMAN HENNING: Good luck on your directorship. MS. WIDAS: SolTy about that. I'm here today to introduce Dr. Ferenz. He's the direct of center -- the director of the Center for Ethics at International College, and he is here to present to you the preliminary findings on the ethics audit that you approved to have done on April 23rd, 2002. Dr. Ferenz ? DR. FERENZ: Thank you very much. For the record, Leonard Ferenz, International College. I need an IT person, I'm sure, to help me get through this, because we're not getting cooperation. You have copies of this preliminary report. Let me point out, by the way, this is just an introduction to a final report that you will receive, hopefully in a very timely manner, forthcoming when I have had an opportunity to review the comments or questions that you might have, and also when I have an opportunity to present the report to the team of auditors who were part of this project and have them sign off on it. So what you are going to hear from me today is a summary of what we have determined as a result of this process that has been a year in the making. The ethics audit was really conducted at your invitation in order to review the ethics program here at Collier County. And so when I can pull this up, or at least talk about it, then we might be able to make some headway. I'll tell you what I will do -- MR. MUDD: Do you have the slide? I'll put them on there. DR. FERENZ: It's not a slide. It's -- MR. MUDD: That's fine. That will go, you watch. Kady, can I have the overhead. There you go. DR. FERENZ: Okay. Hey, it works. Okay, well, good. Well, thank you. Okay. In any case, this is the Collier County ethics audit, ethics program audit of 2003. I would like to simply acknowledge my team Page 18 June 1 O, 2003 members. The names on this list, I'd certainly just at least like to read. Dr. Joseph Donahue, who was one of the trustees of International College, was a team participant; I'm on that list, with a Ph.D. from Georgetown; Dr. Kenneth Ginsburg's a doctor of law, teaches at the International College; Dr. Myra Marcus, who is with Florida Gulf State, Florida Gulf Coast University; and Bert Nordin; and Reverend Dr. Gordon Postill, all members of our ethics audit team. We also had an advisory committee made up of prominent ethicists noted in the field. Our methodology for this -- for this project began by trying to create a mission statement for the auditing team. The mission statement is attached as an appendix to the report that you will be receiving. It was for our purposes to be able to state our mission. We also came up with a list of criteria for evaluating any organizational ethics program. Those criteria are also included in your final report, and they are the criteria by which we assessed and evaluated ethics -- the ethics program at Collier County. We also then developed a survey instrument. This is probably the seminal part of this program. The team created a survey instrument that was administered to Collier County government employees. All employees were invited to participate in this survey with very high success, which I will identify in a moment. There were personal interviews. We did not interview a vast number of Collier County employees. I would say on the order of three percent of the Collier County employee population we had -- with whom we had personal interviews, but we learned a great deal from that. And then in the recent months we've conducted team reviews of the results of the survey. We have an analysis, recommendations, and caveats, all of which will be part of what I will introduce today. Quite briefly the findings, 49 percent participation in this survey, which by any standards, is remarkably high. There was a Page 19 June 10, 2003 hard copy version of this that was handed out to employees who were then invited to take that, and there was an on line version. So these employees who had access to computers were invited to participate in the survey on line. Our participation on line was extremely high, around the order of 59 percent of Collier County employees, which is roughly half, who had access to computer screens, participated in the survey. Thirty-nine percent participated with the hard copy, so we have an average of roughly 49 percent participation, close to 900 people participate in this survey. By any standards, that's remarkably high. What I'm referring to is 86 percent -- 86 percent confidence here, is with reference to a question that we asked on the survey, do you feel you can answer the questions honestly on their survey. And 86 percent of the participants indicated that they felt they could answer honestly and candidly the questions on this survey. Now, that's very high. It's -- I am pleased with it. The reason that it may not be a hundred percent, of course, is because not everybody was confident that the link to the website would have ensured them confidentiality. And we did, of course, try to create an HTPL link that went directly from -- to International College. And any participant who would have entered in this program and taken this survey would have been linked directly to the college so that no key strokes would have been recorded here at Collier County. Now, that was too much to explain in a letter to the participants, but if there was some suspicion that maybe they wouldn't be able to answer candidly, it might be because they were thinking that the instrument itself would be intercepted along the way. That isn't possible. It wouldn't have been possible. It went directly to the college. But still, at 86 percent confidence level, we're very pleased with that. Now, the other finding that I identified here is 93 percent awareness, I think, is really quite wonderful. Ninety-three percent of Page 20 June 1 O, 2003 your employees are aware that there's an ethics program at Collier County. Now, on a corporate -- and as a comparison to corporate America, that's a good 20 percent higher than most corporate programs. People generally aren't even all that much aware that their organization has an ethics program. So you have very high visibility, and I congratulate you for that. That's really quite wonderful and quite remarkable. Integrity and honesty were something that were revealed in the nature of this whole enterprise, and I would like to be on the record as being able to suggest that. Our impressions are very strongly of the sort that Collier County employees, by and large, are extremely ethical, extremely honest, and have a high level of integrity. Certainly that is our perception, and I think it is the perception shared generally among Collier County employees. I think they all each regard each other as people who perform their jobs honestly and with a high degree of integrity. So I'm happy -- we're happy with what we're seeing in the level of response and the actual -- the -- in other words, when we were inviting people to rat on each other, they didn't, and that's really quite a nice thing. There wasn't anybody to rat on. That's kind of a nice thing. There were over 400 replies to the question, what I would like the ethics audit team to know if. Now, that was the last question in this survey. It was important to us because it was an opportunity for the participants to indicate what it is they would like us to know in addition to what we asked. And over 400 replies to that question, and some of the replies were quite lengthy, some of them a page long, and I think very sincerely offered. There are always -- there's always a few that are throw-outs, but -- some people wondering, you know, why we couldn't spell the word break correctly in one of the questions. But in any case, I was pleased with the participation with this -- with this Page 21 June 10, 2003 question. Now, to the matter. The recommendations that our committee would like to make to Collier County government. Quite summarily, they are simply this. We really highly recommend that, as a team, that you appoint an ethics officer or an ethics administrator, an ethics facilitator. It's certainly your choice of words what this might be called. We have some recommendations to make here, but an ethics administrator is an identifiable person within the organization who is the go-to person with regard to matters of ethics. I'll explain more thoroughly what that would involve. We also believe you need to develop an ongoing program of education and training, and a very active ongoing -- the keyword here, of course, is ongoing -- program of education and training. I will offer the survey results and interview results that helped substantiate these recommendations in a moment, but I just want to introduce them quite briefly here. You certainly need to justify the rules. The rules of ethics, the standards of conduct require justification, in other words, a defense. To justify is to defend. And a defense is important for a number of reasons. Again, I'll get to those. We believe that disciplinary procedures need to be codified and applied uniformly. At least there needs to be an effort to indicate that they will be administered in that kind of a manner, because there are some questions about fairness with regard to the way people are treated. The zero gift policy is certainly one that gets a lot of attention around Collier County, and there needs to be some clarification there. I'd like to address that. And we believe that you need to create a concise and comprehensible ethics booklet. Now, I'm thinking of something here along the line of ethics for dummies. Forgive me for saying so, but there's that wonderful whole series of books that you can get at Page 22 June 1 O, 2003 Barnes and Noble, you know. It started out, I guess, Computers for Dummies, this for dummies. There's even a book out now called Philosophy for Dummies. I'm thinking I should write one called ethics for dummies, but really it's not -- it sounds sort of insulting, but it's not. It's really a very comprehensible, concise way of applying ethics and making it palatable for people. So we suggest that. Now, the goals of this audit -- the goals of our recommendations are really quite simple. We would like to promote effective government and ethical government. I think that effective, efficient government is certainly the goal that you have in mind. I share that with you. And we are all aware that government cannot be effective, cannot reach the people, and public servants cannot discharge their tasks successfully without having established a basis of trust. And, of course, I see that we've spelled morale incorrectly here. That's a typo. Thank you -- and by improving morale. CHAIRMAN HENNING: Try spell check. DR. FERENZ: Spell check wouldn't have helped, isn't (sic) it? CHAIRMAN HENNING: Use that. It's great. DR. FERENZ: Well, we like it this way too. Okay. Good. Thank you. And also to promote ethical government through education and training, through respect, awareness, sensitivity, and understanding, through buy-in and ownership, which are extremely important. People need to buy into an ethics program. Your employees need to feel that they have ownership in that program. There are a number of reasons for that, and I'm sure they're obvious, but I would like to address those. Recommendation number one, the ethics administrator should be the go-to person or the fountainhead of the program. They would provide this ability to the ethics program because they are the central key person. Page 23 June 10, 2003 Mediate suspected ethics violations. We noticed in the surveys that there was a great deal of concern how an individual who -- would go about reporting a suspected violation of the rules of ethics. There was not a high level of confidence that they could report that to a person who would make a difference. There's also simply the question, a simple matter, of people needing guidance when it comes to knowing whether or not there has been a breach of conduct. It's not always abundantly clear that somebody has, in fact, violated a principle or a rule of ethics, and the visible ethics person would be able to clarify that and mediate between the employee and the county manager. We see the ethics administrator reporting directly to the county manager, of course, but they would be the mediator between the people, your employees, who have concerns, and the county manager who would actually be able to take action on those -- on those concerns if they required such. The ethics administrator is the program coordinator for developing and administering the ongoing education and training. They would develop and maintain information resources. We, again, noted that people don't really believe that they have resources that they can consult in order to learn something about ethics. Ethics is not a set of rules that are mandates from heaven and prescribed and you translate them and give them to your employees. Ethics and education are a process. And the process usually involves, as well, accessing resources that help self-education and ongoing education. And we see a need for developing these. This would be on the lines of resource library, materials, even posters periodically that explain what a rule of ethics is and how it might be applied. The ethics administrator also provides advice and guidance, and this would certainly be somebody we would see in a very confidential role. Page 24 June 10, 2003 Why -- why that recommendation? We asked the question, is there a person in charge of ethics for Collier County? And don't know represented over half of the employees. They don't know if there's anybody in charge of ethics for Collier County. MR. PERKINS: Doesn't exist. DR. FERENZ: The concern, of course, is that there's an identifiable person who is responsible and who can be consulted. So is there a person in charge of ethics for Collier County? Well, if there is, employees don't know who it is and how to access that person. Is your supervisor the first person you're directed to go to with questions about ethical behavior? And the question -- the answer to that is yes, overwhelmingly yes. Employees are instructed to go to their supervisor, immediate supervisor with questions about ethics. That, of course, is -- probably a problem is your supervisor is a person whose behavior you haven't -- you question. So there's some reason to make sure that an employee can go to the top with a question concerning ethics. I think that when you create gatekeepers with questions of ethics, you create barriers to participation in that ethics program and what we could call buy-in. The gatekeeper becomes a barrier, an obstruction to really buying into and behaving, I think, responsibility and ethically. And finally, this question, too, was rather revealing. I can report on ethical behavior of others without getting into trouble, and only 26 percent of the participants agree that they can report on ethical behavior without getting into trouble. Somewhat agree means I guess you can get somewhat into trouble, and strongly agree is a very small percentage. Thirteen percent would feel confident being able to report on ethical behavior. We need to build that confidence. And I think, again, the ethics administrator is the person that could help build the confidence that people can report on ethical behavior and not get in trouble by doing so. Again, the ethics Page 25 June 10, 2003 administrator is sort of the bypass person. Recommendation number two, education and training. I have a very long explanation of this in the final report. But quite briefly, it's simply this, we would love to see an education training program help cultivate critical thinking skills and problem-solving skills through a case analysis, situational ethics, and role playing. Bayer, the pharmaceutical corporation, developed a fabulous program, ethics program, by having its -- its chief executive staff create videos and role play, act out roles, involving different kinds of ethical problems. And it was well received by employees. They were entertained seeing their bosses act out roles that involve some sort of breach conduct and learn through those videos. There are some very creative ways that individuals can be involved in role playing that help educate employees what kind of behavior is considered appropriate and inappropriate. Character development is a part of education and training. And I say character development with some trepidation. I believe that the character, the level of character among county employees is very high. We're not saying that there's something wrong with the ethical character here. There isn't. Development here simply means that it's an opportunity for people to improve their performance through a better understanding of what's expected of them, not because they don't already have the integrity to do so, but because understanding improves cooperation and compliance with the program. And you need support materials as we identified. And then finally, education and training should include the component of a justification for the rules of ethics and the standards of conduct. Again, the support for this comes from the survey. I clearly understand Collier County's rules and standards of ethical conduct. Page 26 June 10, 2003 Well, 45 percent of the people agree that they understand these, but we have to remember that the standards that they use to evaluate their own understanding would be personal standards. Do I clearly understand is a personal assessment of whether I feel comfortable with my understanding of these -- of these rules. Well, that's only half that feel that they -- a little over half feel that they agree or strongly agree. I'm worried about the potential 40 percent who don't believe that they understand the rules. It's hard to comply when you don't understand. Has Collier County required you to attend a workshop, special event, or program about ethics in the workplace, and that is -- 42 percent saying yes is probably not as active a program as we would hope to see. Certainly people need to remember that they've been asked to attend a program or have had an opportunity to participate in a program that involves ongoing education and training in ethics in the workplace. And I will get to a response that certainly supports that. Does Collier County have support materials that give you updated information about ethics in the workplace, and again, the reply is a little bit disappointing. Over 50 percent don't know if there's support material available. It's not visible. It's not visible. If there is support material for the ethics program, it's not being offered. The support materials provided by the county are helpful. Well, for those who think that there are support materials out there -- and remember, that only represents half, then roughly half agree that -- or a little over half agree that they're helpful. Well, that's good. That's certainly on the right track that the materials that are available are helpful, but we would like to see not only the amount of awareness that such materials are available increase, but also the use of those materials as well. Collier County's rules of ethics apply to my job? Well, yes, they do apply to their jobs, and that's over 80 percent of your Page 27 June 1 O, 2003 employee population believe that these rules apply to their jobs, and that is important. They do apply to their jobs. And for that very reason, we would like to see a higher level of understanding of what those rules are. Certainly if they apply to their jobs, then they need to know how to implement and comply with those rules. And finally, this question, Collier County should provide more ethics training for its employees. That's a pretty strong response that they would like to see more ethics training. Now, that's going to (sic) the horse's mouth. I'm strongly endorsing more education and training, but this is based upon your own employees' response to the question. Should they provide more, and I think you would agree that's a pretty strong response. In the 400 responses or replies to the question what I would like the ethics audit team to know is, we had over 50 -- 50 responses that indicated they would like to see more ethics training, more education and training in ethics. Now, that represents 25 percent of the people who even replied there, who had already indicated here as well that they would like to see this. We recommend, number three, justifying the rules. I don't have the time to spend that I would like to on selling you on the importance of this. It's probably the most important part of any ethics program, understanding it certainly promotes concurrence. I use the word concurrence instead of compliance. To comply, simply means to obey. To concur means to agree. We would like to be able to encourage individuals, in any successful ethics program, the participants to be able to agree with the rules that guide them. Agree, not just obey them, but to agree with them. Certainly you can get people to obey rules. And we have learned through various types of interviews, and this happens everywhere, that a compliance program becomes the terms of Page 28 June 10, 2003 employment, not rules of ethics, but really terms of employment with an organization. Are the rules themselves ethical? That's the more probing question. If you have concurrence, you have not just people who cooperate with the rules, but people who buy into them. Concurrence promotes buy-in, and buy-in certainly, when you feel that you own or are part of the rules that govern you, that they're your rules as well as the rules that are imposed, and if they're -- in other words, if they're one and the same, then morale is certainly improved. And I'm happy to say it's spelled correctly here. And certainly improved morale promotes efficiency and integrity. Integrity promotes trust both within and without an organization. And trust, I assure you, is founded on defensibility, the fact that the rules can be defended on strong ethical and moral grounds. I can't go through the entire process of revealing the contents of the entire report in this brief summary, but I would certainly like to point out that there are so many kinds of rules of conduct. There are rules of the game that you read on a Monopoly board that tell you how to play the game. Those rules are not moral rules. There are rules of etiquette, holding the door, pulling out a chair, this is fine, but these are not moral rules. They're customs and traditions that can be called the rules of conduct. There are religious rules, there are rules of morality and ethics, there's rules of compliance. Where do these standards of conduct fall? Are they rules of the game, in other words, comply or else you get fired? Are they simply customs and traditions that are holdovers from a previous type of organization? No. We want these rules, and I know you do as well, to be rules of morality and ethics. And if they are rules of morality and ethics, then it means that you have been able to take the high moral ground and articulate rules that appeal at the deepest level of a Page 29 June 10, 2003 person's sense of integrity and sensibility. And those are the kinds of rules that are rules of ethics. Collier County's -- we asked the question on the survey, Collier County's -- Collier County's rules of ethical behavior are good rules, good rules. We leave it open of how a person might interpret good rules, but I think the response here is pretty good. The rules are good rules. There seems to be a sense that these are appropriate rules and they're good because they have a foundation. There are good reasons for Collier County's rules of ethical behavior. Yes, there are good reasons. Collier County is trying to rectify past indiscretions, and in doing so, have created sometimes more stringent rules that are applied at other government levels. And for this reason, I think your employees are very much aware that there are good reasons for these rules. I would like to say you're getting buy-in. This is the problem. I understand the reasons for Collier County's rules of ethical behavior. Agree and strongly agree means, yes, we know that there are good reasons behind these, but there's enough concern about what the ultimate justification is for some of the rules, and that's where a justifying-the-rules effort would be more useful. Recommendation number four, codify disciplinary procedures and apply uniformly. Our concerns here were that -- I use the words corruption, fairness, consistency, integrity, and conviction here, not because they're accusatory, but only because any successful ethics program will be able to help avoid concerns about corruption or unfairness, inconsistency, or a lack of integrity. The consequences -- and here's some of the questions that support that recommendation. The consequences for breaking any given rule of ethical conduct set by Collier County are the same for everyone. That's important, right? The consequences for breaking any given rule of ethical conduct set by Collier County are the same Page 30 June 10, 2003 for everyone, and not everybody agrees that they are the same for everyone. In fact, even if 50 percent of the people who participated in the survey don't feel comfortable answering that question, it would be because they don't believe that the rules are applied uniformly and equally among -- among employees, and that should be a lot higher. I mean, we should certainly want to think that people feel that there's fairness in the application of rules. Another question that addressed the same concern. Collier County's rules of ethics apply equally to everyone who works for the county, including appointed elected officials. That's a disappointing response. Only something on the order of 40 percent agreed that that's the case. Over 60 percent don't agree at some level, and that, again, is something that I would like to see changed, and I believe that we know how you can change that. The higher your position with Collier County the more you can get away with, and there are a number of people who agree that the higher your position, the more you can get away with. And that should be a very small number, and hopefully not such a large one. On the order of 30 to 40 percent is probably a bit high, and we would like, certainly, to help you see that change. Punishment for breaking Collier County's rules of ethical behavior are applied equally to everyone. There's some amount of agreement. Again, you're looking at pie charts that are almost 50/50 in their division of these, 40/60, 50/50. We'd certainly like to see that 50 percent of the employees of Collier County believing that these rules apply equally to everybody. Certainly already half of the people do, and maybe they're the more knowledgeable half. Maybe simply this half doesn't know better, but that's a part of the process of educating. Make sure the people understand that if there are rules, that they are applied equally to everyone. Page 31 June 10, 2003 Another question that addresses the same thing -- they're all worded just a little bit differently to make sure that people have an opportunity to reply in a way that they might have wanted to without having to write this themselves. Punishments for breaking Collier County's rules of ethical behavior are fair. Fair here meaning that the punishment suits the crime. All right? And as you can see on this chart, there is agreement that they're fair, but that agreement really, again -- the strong agreement or agreement only totals about 40 percent. And then there's a somewhat agree. Somewhat is kind of a scary category. Yeah, sometimes they seem to be fair, sometimes they don't seem to be fair. Certainly they ought to be fair. They ought to appear fair all the time and appear fair to everyone who responds. Clarification of the zero gift policy is certainly something that requires some attention. My own team was very much split on the idea of a zero gift policy. Some of my team members felt that it was inappropriate, that there should be a $50 minimum, but others found it quite appropriate. It's very curious though to discuss the zero gift policy and realize that a great deal of the difficulty here involves simply the notion of what a gift is. And in some conversations with your county management team and others, I think that there's a lot to be learned by being able to distinguish between things that are gifts and things that are amenities or courtesies. And there's a great deal of concern. I'll make it very brief. We learned from some county employees that they're so concerned about what it means to accept a gift, that employees who, for example, were invited to partake in a bowl of candy that was being passed around at some sort of event didn't feel that they could take the candy out of the bowl without being accused of accepting a gift and somehow violating the zero gift policy. Well, now, is taking candy out of a bowl when it's being passed Page 32 June 10, 2003 around to everybody in a room accepting a gift? That's a problem, isn't it? When you go to Publix and they have a coffee maker that dispenses coffee for anybody that walks in the store, can a county employee accept that cup of coffee? Is it a gift? Well, in some sense it's an amenity. Anybody who walks into the store can partake of the coffee machine and have a cup of coffee. That's an amenity. You can walk up to a water fountain and take a drink of water, but you can't accept a bottle of water when you're out at a job site working a job. There's a problem here. Distinguishing between things that are amenities and things that are gifts, things that would be acceptable to partake in and things that would not. And I think a great deal of clarity can be offered in this entire gift policy situation by being able to distinguish between things that are gifts and things that are amenities. I will say this -- and because I am in favor of the zero gift policy personally, and I see it as worthwhile policy for this reason. As an issue of justice, it is correct that there -- that public servants should not accept gifts of any kind, as an issue of justice. And I will simply tell you one quick story, if I may -- and I've gone way over my time, and I apologize for that. But let me tell you this. We had a county employee participate in one of the classes at the college, and I introduced a question -- this was at the master's level in an MBA program. I asked the question, is it appropriate for a county employee, a fireman, or policeman to accept free cups of coffee at a local 7-Eleven? Remember, those cups of coffee are available only to the policemen types, not to everybody who walks in the store. And I had one individual say, of course, that's a no-brainer. What's a cup of coffee? I can't be bought for a cup of coffee. And the answer was, after we discussed it at some length, you have just been purchased for the price of a cup of coffee. Your presence in Page 33 June 10, 2003 that facility has just been purchased for the price of a cup of coffee. Why? Because the mom and pop organization down the street that can't afford to give away the cups of coffee is not having your presence on their site to insure their safety and security and to encourage that -- or to make that visible to the people who are walking in that store. The reason 7-Elevens give that away is because they want that presence. I feel the safest place -- and, of course, I know that -- I know that your people are far more health conscious than they used to be, so this isn't probably as true as it used to be, but Dunkin Donuts has to have been the safest place in America to go at one time, not because they were getting free doughnuts, I think just that -- because all the police were there. But obviously, right, if the police are there, you feel more secure as a people who's visiting a site. So yes, somebody's been purchased for the cup -- price of a cup of coffee. That cup of coffee is a gift. A cup of coffee at Publix is an amenity. That's the difference, and I think that a lot can be learned and discussed through a more comprehensible and more cohesive approach to the zero gift policy. You need that ethics booklet that will simply explain all of what I just said. And finally, the caveats, incredibly important that you respond to this survey. There's a great deal of concern that the effort, this whole exercise has been really only -- that it will be futile, and it will have been futile if you, as the commissioners, do not respond in some way to the recommendations, either reject them or accept them or do something with them, but certainly do something. Perceptions of impropriety undermine trust, and we are very concerned about perceptions as well as you. And I think that what we are trying to do and what you have done as a group in inviting us to do an ethics audit is to make an attempt to try to repair trust at the public level and also internally. And I certainly think that this exercise has, in itself, been Page 34 June 10, 2003 worthwhile just insofar as doing that. We can take the next step, I think, as a group, and I hope our report will help you do that, will assist you in taking the next step to help build trust within and without the community. The limits and promises of education and training. I'm sorry I can't go through that whole list. Education and training isn't going to answer all the problems that occur, but I do and strongly believe that buy-in is absolutely essential. Employees buy into an ethics program when they believe that they're a part of that program and they can understand it. And then, really, there are some false expectations of this, and this is my warning to the public who would be looking at this presentation and wondering, well, how come I haven't pointed the finger at people and said, well, there's corruption here and corruption there. Any program, any successful ethics program is not going to prevent corruption. Corrupt people will infiltrate any ranks. And certainly, it was interesting when people asked me the question, where did the corruption come from that this ethics audit is a response to? And it came from the electrum (sic). That's who put the commissioners in office. It's not from within the organization of individuals who lack integrity. Within the organization, I think there's a high level of integrity, and that's something you simply want to encourage, not to -- to create a false sense that they are -- that the people within the organization are really the fall guys for everything that goes wrong. And certainly, we're very, very much in favor of helping restore public trust, republic trust. There won't be universal satisfaction that any ethics program is ultimately correct. There are people who believe that you can't teach ethics. You're either born with it or you learn it in the first four years of life or what have you. But that is probably a misconception about what ethics is. As I insist -- and I'll close with this comment-- ethics is process. It's a Page 35 June 1 O, 2003 methodology. It's a way of approaching concerns of conduct and addressing those concerns through a systematic -- systemic enterprise that will help the people who are part of that process improve their own conduct. Okay? That's it. That was way longer than it was supposed to be, and I talked as fast as I possibly could. CHAIRMAN HENNING: Thank you, Dr. Ferenz. Commissioners, comments? Questions? Commissioner Coletta? COMMISSIONER COLETTA: I just -- I just want to personally thank you. Back some time ago, two year -- well, before we came into office, this county government was being rocked at its very foundations with three commissioners being indicted and the county manager being indicted. Tremendous amount of distrust on the public's part. When we came into office, the new commissioners, we had to overcome a tremendous amount of distrust. And through the auspices of Jim Mudd and the county staff pulling it together, we've made some amazing strides, but there's still always more to be done, and that's why I asked you originally if you would look into the possibilities of this study. I have a personal no gift policy that is extremely simple to follow, and I don't see why we can't adapt it to the county. And we've made strides in that direction also. But I like some of your recommendations here very much, especially the ethics officer, someone that a person could go to in the county government to be able to report something they're not comfortable with. We've had situations come up several different times where the only way the employees could reach out and touch us is through anonymous letters sent out, and that seems like it's a very clumsy type of operation to be able to have to go through to be able to bring Page 36 June 1 O, 2003 a problem around to resolution. Being that we're a government run by people, there's always going to be a certain amount of imperfections there, but we have to be able to address those imperfections in an equitable way that will lead to resolution. There has to be rules and regulations that we can follow, there has to be a methodology that will get us to the point we want to arrive at. And I personally endorse what you have come up with in your recommendations, and I would like to recommend that we send it on to staff to have them bring it back to us in the form of a final recommendation that we can implement. We have already picked up on some of these ideas, and other ones we need to elaborate on, and some we have to implement. So that's my particular direction. I know this is -- we're supposed to direct staff at this time, and I hope that I'll have at least two other commissioners join me in this effort. CHAIRMAN HENN1NG: My perspective, we already have an ethics administrator, the county manager and the county attorney and the county manager's administration. I do believe that we need to educate, not only, you know, our employees, but also the public. And that's what the charge of the county manager should -- should be. So that's where I'm at. Commissioner Coyle? COMMISSIONER COYLE: Yeah. I also would like to endorse the recommendations of the study. I think you've done a really good job, Dr. Ferenz. There -- there is a good argument for having the administrator outside the organization. MR. PERKINS: Hear, hear. COMMISSIONER COYLE: And we might want to give some consideration to having Ramiro Manalich, who is, I think, our resident expert in the ethics ordinance and ethics procedures, as a possible point of contact, because I think that Dr. Ferenz's Page 37 June 10, 2003 observation that some people are reluctant to talk about perceived problems within the organizational structure would be just as reluctant to go to the county manager as to some of the other administrators and directors and managers. I think it's something we need to consider. But let's not try to solve this right now. I think the important issue is to -- to give direction to the staff that we either like or don't like the conclusions and to come back to us with a set of recommendations as to how we implement them. CHAIRMAN HENNING: Okay. COMMISSIONER HALAS: I'll go along with that. CHAIRMAN HENNING: And I see a couple nods over on this side, over to my right. Commissioner Coletta? COMMISSIONER COLETTA: Very much so, and I commend Commissioner Coyle for coming up with the idea of Ramiro there, and I think that's absolutely excellent. Of course, we haven't asked him what he thought of it, but -- COMMISSIONER COYLE: He doesn't get a vote. CHAIRMAN HENNING: That's right. COMMISSIONER COLETTA: So you've got to remember that the county attorney's office -- COMMISSIONER COYLE: Unless he becomes a judge. COMMISSIONER COLETTA: And just for the benefit of those that are in the audience and those that are out there listening, the county attorney's office is separate from the county manager's office. So that the county manager is in charge of all the employees. The county attorney is --just have their own particular office to deal with. So by setting up a person from the county attorney's office, there is that remoteness from the county manager's office that would give us that privacy that we need to be able to conduct this business. Page 38 June 10, 2003 I like that. Congratulations, Commissioner Coyle. Very good. CHAIRMAN HENN1NG: Commissioner Halas? COMMISSIONER HALAS: I think what we need to do is -- I think we're on the right track here, where we let the county attorney possibly come up with some guidelines, and then we can have a book that's published so any new employees that come onboard are immediately presented with the book. And after maybe a period of one or two weeks, they're called back in to HR to sign a paper stating that they've read the book and they understand it, and if they don't -- if they have any questions, then we can direct them to county staff so they can have a personal one-on-one discussion so that they can clarify any particular areas that they are not sure of in the ethics. But I think a booklet needs to be presented to all new hirees, and possibly periodically, every five years, we pass out the booklet to all employees to make sure that they're kind of brought up to date if there's been any changes in our ethics code. MR. PERKINS: Hear, hear. COMMISSIONER COLETTA: IfI may? CHAIRMAN HENNING: Sure. COMMISSIONER COLETTA: One other suggestion I would have is that when we're writing this book -- I mean, the -- what we've heard today is about as clear as we've ever heard the situation. Normally you get so drowned out in the recommendations and arguments and counter arguments that is loses any validity as far as what direction to go. When the time does come, maybe we might be able to ask for the assistance of the good doctor here to critique what we're writing and look for the clarity that we need. When you need help, you call in the experts. I recognize you, sir, as an expert. DR. FERENZ: I appreciate the commendation. Thank you. Page 39 June 10, 2003 CHAIRMAN HENNING: Okay. Any more discussion? (No response.) CHAIRMAN HENNING: Thank you, Doctor, again -- DR. FERENZ: My pleasure. CHAIRMAN HENNING: -- for your time. COMMISSIONER COLETTA: Thank you very much. Item #6A REQUEST BY MR. DAVID A. MCELVAIN TO DISCUSS VANDERBILT BEACH BEAUTIFICATION MSTU AND THE CARROLL POINT PETITION FOR REMOVAL FROM DISTRICT lqOl JNDARIFJS-NO ACTION CHAIRMAN HENNING: Next item is public petition. And today we have a request from David McElvain to discuss Vanderbilt Beach MSTU at Carroll Point, petitioning the board to remove Carroll Point from the MSTU district. MR. McELVAIN: Good morning. Thank you for the opportunity to present our petition. I understand my time is limited, and I know that you have a busy agenda, so I'll be as brief as possible. There are four quick topical areas that I would like to speak about. First of all is to identify for everybody's purposes the current boundaries of the Vanderbilt Beach Beautification MSTU. Secondly, I'd like to briefly cover the sequence of events regarding this issue that have brought us to this point with our petition. I'd like to formally present the petition request and supporting factors that pertain to it. And finally, as an additional budgeting and taxation issue that came to my attention in the process of reviewing the information necessary to bring this petition to your attention. And I think it's my Page 40 June 1 O, 2003 obligation to bring this matter to your attention as well. Let me first, if I may, is there some way that this can be displayed? COMMISSIONER COYLE: We have it in our packet. MR. McELVAIN: I understand. This is larger and color coded, so I think, perhaps, it's maybe easier to speak to. Again, this is not complicated or difficult information, but what you -- what we have displayed is the present boundaries of the Vanderbilt Beach Beautification MSTU outlined in the -- in red. And you notice that halfway up the page is -- identifies 111 th Avenue and Bluebill Avenue. And everything north of Bluebill is essentially private, gated communities. Our particular community, Baker Carroll Point, is highlighted in yellow. And forgive me for going to this extent of detail, but I want to make sure we're starting at the same point. Baker Carroll Point is comprised of 10 condo buildings, approximately 700 condo units or tax paying, you know, entities. There's approximately 40, you know, acres. We are, you know, private, and we are gated. In a quick-- and our petition, of course, addresses only Baker Carroll Point. As a sideline point of information, all the other properties north of Bluebill, to the best of my knowledge, are also private, gated communities as well. A quick chronology of the events that took place leading us here. The particular ordinance that was passed creating the VBB MSTU was dated July of 2001, so we're very close to two years since the MSTU was created. First clue of any kind that the MSTU even existed occurred in August of'02, 12 months later, when all of us received a proposed tax notification. That's the standard document that comes in the mail, and it indicates what the proposed taxes are going to be. And if we taxpayers have any objection to it, to come forward and say so. Page 41 June 1 O, 2003 Please note that the only identification here of a tax increase is on the municipal services taxing unit line, which has always been there. It increased by approximately 91 percent in my particular case, and I suspect that that's generally true across the board. Going forward, I point this out because even at this point there is no identification of a new MSTU that's been established, which has generated, you know, the 91 percent increase in the tax rate. Following up with that, of course, the normal bill, you know, arrived in the mail, and we paid it. Moving forward -- excuse me -- in February of this year, which is now 18 months after the creation of the MSTU, we were notified by a mailing initiated by Mr. Lydon and his committee that there would be a meeting of the -- to discuss the potential uses of the funds being generated for the MSTU. That meeting took place on March the -- the 19th. Just prior to that I sent a request along with other signatures as well as my own to Mr. Lydon's attention requesting that we be considered for a safety item that we were engaging in at our own expense within our community. He promptly responded on March the 20th, and the words were, and I'll quote specifically -- is that a reading of the ordinance covering your MSTU would, unfortunately, not permit money to be spent within a gated community. Excuse me. Let me repeat that. I do not -- would not, unfortunately, permit money to be spent within a gated community. So we now have -- the issue is fairly clearly defined, you know, that we are in a position where we are being taxed for services that we -- where we cannot obtain any direct benefit, you know, from it. And, you know, that led us to pulling together a petition -- excuse me again -- which was delivered here by Mary Lou (sic) Carrigan on April the 8th of this year basically because we did not understand what the procedure was, the protocol for formally presenting a Page 42 June 10, 2003 petition to you. But the document and the petition signatures was delivered at that time, and I think has been redelivered to you again over this weekend. I have some additional petition signatures to leave with you today, so we have some, over 300 petitioners who have indicated that they wish to be disconnected, if you will, from the Vanderbilt Beach MSTU. The core issue is, you know, really quite simple, to state we are being taxed for services that are unavailable because of our private, you know, gated status. I think an analogy of that might be, if you would, if we were being taxed for a school district where we could not send our children to school, you know, that would be considered, I think by most people, to be unfair and inappropriate taxation. I see no real difference between what we have here in front of us. I believe there is a precedence also for approval of the petition that we're bringing forward, and I understand that recently the Kensington Lakes Community was disconnected, if you will, from the Livingston Road MSTU. If I may go quickly to the final item, the process of gathering this information. I found what I believed to be an improper application of the rules and regulations that have been defined by your own ordinance, 2001-043, as far as taxation money, you know, being accumulated, and reserved. MS. FILSON: Do you need some water? MR. McELVAIN: Thank you very much. Accumulated for unspecified capital development projects. The reason this is significant that -- reviewing the minutes of the MSTU committee meetings as well as the budget that's been established or is in the process of being approved, I found that 80 percent of the funds were being set aside for an -- undefined future capital projects. The point is -- and this has been on the table through Jim Mudd, Page 43 June 10, 2003 you know, to the county attorney, that I believe those taxes are completely inappropriate and un-- not authorized by your own ordinance. I have not heard back, you know, from the county attorney, who's -- I'm given to understand, has the matter, you know, for review and response, and that's been over 30 days. So one might conclude that there is no response to that. And there was a matter for your attention as far as the proper and appropriate taxation and what's being done with the money. That essentially concludes my formal presentation. I'm sure you have questions, comments, that I'd be more than happy to participate in. CHAIRMAN HENNING: Questions, comments from the commissioners? COMMISSIONER HALAS: Yes. CHAIRMAN HENNING: Commissioners Halas? COMMISSIONER HALAS: About how much are you taxed now on your MSTU? MR. McELVAIN: COMMISSIONER MR. McELVAIN: COMMISSIONER MR. McELVAIN: My personal tax? HALAS' Yes. For the VBB MSTU? HALAS: Yes. Approximately a hundred dollars. COMMISSIONER HALAS: A hundred dollars, okay. You live in that community, and how do you get out of that community there, your gated community? MR. McELVAIN: We exit through a -- an entrance, exit, which is right at the north end of-- of Gulf Shore Boulevard. COMMISSIONER HALAS: Okay. So you actually travel through that neighborhood then when you're traveling around to get in and out of your gated community. My understanding is, I think -- correct me if I'm wrong -- but I Page 44 June 1 O, 2003 think there is a provision in an MSTU where there can be money spent for certain projects in a gated community. Am I correct on that? MR. MANALICH: Well, in discussion with Mr. Weigel, I mean, our office's view is that as long as the MSTU funds are used in the area as a whole, and even if you're within a gated subdivision, you are still having the benefits that are being spent for -- in the area as a whole. You are still -- it's not like a benefit where it has to be even more direct -- of a direct benefit. COMMISSIONER HALAS: Okay, thank you. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes. The gentleman referred, number one, to the school system. And he said, if there weren't any children, they shouldn't be taxed. Everybody in the county, together, supports our school system because we all have a benefit from that. But let me go on to say that in East Naples, for instance, that area I know best, and none of us, none of us get a -- if we had an MSTU to pay for as far as Davis Boulevard and U.S. 41, I think we would all eagerly do that because it enhances our community. True, none of us live on U.S. 41 or Davis Boulevard, but we all enjoy the beauty and the ambiance that it creates. And I want to say also that one of the things that draw most people here from other areas is the ambiance of our community. And if we want to maintain that and continue it, we all have to participate in funding it. MR. McELVAIN: Might I clarify. Apparently I didn't say something clearly. As far as the relevance of the school tax, what I thought I said was that this would be like paying a tax for a school but my children were not allowed to go there. You know, that is the analogy that I'm bringing forward. COMMISSIONER HALAS: Well, in this case you're allowed to go in that area. Now, if there was a blighted area, it would have a Page 45 June 1 O, 2003 direct impact on your property values. So therefore, with the advent of this MSTU, I'm sure that it's going to enhance your property values because that draws to the surrounding area when you -- as Commissioner Fiala stated, the ambiance of that particular area will be enhanced. And I'm sure that the funds that are being generated are going to be distributed throughout the whole MSTU there so that everybody gets basically equal value in regards to the enhancements that are put forth by that MSTU. MR. McELVAIN: May I respond to that, Commissioner? COMMISSIONER HALAS: Sure. MR. McELVAIN: For the current two years that the MSTU has been in place, and according to a budget to be presented for next year, the only moneys being expended for beautification purposes are for the streets that -- for Vanderbilt Drive south from Bluebill, I'm sorry -- south from there, you know, to the -- one mile and a half, you know, to the Vanderbilt Beach Drive intersection. Some $65,000 has been spent for the last two years, will be spent again next year for maintenance of landscaping that has been apparently put in place prior to by the county. So over three years' time none of the moneys that you're talking about will be expended for any other purpose than to benefit the finger streets, you know, that extend south -- extend to the west on Vanderbilt Drive. We are approximately six-tenths of a mile -- the exit or entrance to our property is six-tenths of a mile from the closest point where any of that will -- has taken place or will over the -- the full three years of the existence of the MSTU. So I would -- I would question what possible benefit is going to accrue to us along the lines of what you're bringing up. COMMISSIONER HALAS: Well, I believe -- I'm a little bit familiar with that MSTU, but you were talking about that there's Page 46 June 10, 2003 funds that are being set aside for future projects. And I think they've got -- I believe that MSTU has got some pretty aggressive plans, and that's in regards to sidewalks and some streetlighting and some other ideas that they came up with, so I really think it's a benefit to not only your community, but to the whole surrounding area there. MR. McELVAIN: Sir, the use of the funds that I'm speaking of, you know, the 1.3 million, have not been identified anywhere in any minutes of their meetings nor in any budget document. MR. MUDD: Commissioner, just to give you -- and Mr. McElvain has some rather poignant points. What I will tell you is that MSTU is in the process of developing a master plan, okay, to lay out all their landscaping and whatnot from what I've been told from staff. If you take a look at the visualizer out in front of you, this area is the area that Mr. McElvain said that he had a project. And I want to point to the areas that I'm showing right here. Outside of this green line but not up onto Bluebill, and that basically is how they get their access point out of their-- of their area. That area in there is -- yes, he's right about, you can't use it within the gated portion of the community; however, that area is not gated and is an area that could benefit from this particular MSTU. And I want to get in -- and I want to come in a little bit more into a slide real fast. You can see -- you can see their area, and it's well maintained, okay? If you take a look from here on over, it looks well groomed. And that area that I was talking about on that street over here to Bluebill is an area that falls outside of their gated community and can be -- and can be put into that master plan in order to do that. Now, I want to -- just to give you a point of reference so I can put the next slide up and you'll know where I'm going. You'll see that white fence, looks like a white picket fence right here, okay? I'm going to drop -- I'm going to drop this slide on right now. And Page 47 June 10, 2003 you see that white picket fence. And because this MSTU -- excuse me -- this community goes on basically a dead-end street, they came forward to the county for a gate to be put on county property, okay, to get a right-of-way permit in order to put that gate for their particular community. So I'm going to say to you, the fence line over is that gated community. That street over to the edge going back into this area in here is not within their gated community. Even though it's -- it's within the gate, but the gate is on county property. So that, Mr. -- the letter that he got from Mr. Lydon was incorrect that that property that that gate sits on could have been -- could have been an area where they could have used the MSTU particular funds. So we've done some research, and I've got staff looking at that, and I -- one of the things that, with the help of Mr. McElvain, we can get involved in that master plan and make sure that this particular area is included in that process to make sure that they do reap some direct benefit from that process. But I'll throw that at you as a point. The reason they haven't spent the dollars is because they're doing that master plan right now in order to figure out exactly where it needs to be laid out. CHAIRMAN HENNING: Okay. Mr. McElvain, I want to thank you for being here with us this morning to bring this to our attention. MR. McELVAIN: May I ask where this goes from here, what happens next? CHAIRMAN HENNING: Well, I haven't heard any direction to bring it back to the Board of Commissioners of what you're asking us to do. So it dies, failing from-- a commitment from three commissioners. But I -- again, I do want to thank you from -- for bringing this to our attention. Looking forward to seeing the master -- COMMISSIONER HALAS: Plan. Page 48 June 1 O, 2003 CHAIRMAN HENNING: -- landscaping plan, and I -- and I do -- and I will get over to your community to take a look at that gate on county property. Thank you. MR. McELVAIN: May I ask what happens with my challenge to the very appropriateness of the tax that's being imposed? CHAIRMAN HENNING: You can take it to the Court, sir, from here. MR. McELVAIN: Thank you. CHAIRMAN HENNING: Thank you. We're going to take a seven-minute break for the court reporter. And we have a 10:30 time certain, so that will be at 10:43. MR. MUDD: Yes, sir. (A recess was taken.) CHAIRMAN HENNING: Everybody take their seats, please. Item #8B RESOLUTION 2003-211 APPROVING THE GOODLAND WATER SUB-DISTRICT RATE STUDY AND INCREASING THE GOODLAND WATER SUB-DISTRICT RATES, WHICH IS SCHEDULE TWO OF APPENDIX A TO SECTION FOUR OF THE COLLIER COUNTY ORDINANCE NO. 2001-73, PROVIDING DF, IJAYF, D EFFFJCTIVE DATES-ADOPTF, D The next item is 8(B), to approve the Goodland Water District-- or Water Sub-district Rate Study and adopt a resolution increasing the Goodland water sub-district rates. Mr. James DeLony, thank you for being here today. MR. DeLONY: Good morning, Commissioners. For the record, I'm Jim DeLony, public utilities division administrator. We're here today to present the results and recommendations of the Goodland Water District (sic) Rate Study. Page 49 June 10, 2003 The Board of County Commissioners adopted, on September 23rd, 1997, ordinance number 97-48, titled the Collier County Water/Sewer District Uniform Utility Operating and Regulatory Standards Ordinance which established the existing water rates for the Goodland water district. On December 11,2001, the board adopted ordinance number 2001-73, titled the Collier County Water/Sewer District Uniform Billing and Regulatory Standards Ordinance which established new user rates for the Collier County Water/Sewer District but left the user rates for the Goodland water district unchanged. At that time the board directed staff to update the user rates of the Goodland water district after one year. Accordingly, staff has worked with the rate consultants, the Public Resource Management Group, PRMG, to prepare an update to the water user rates of the Goodland water district. And, again, these rates have remained unchanged since 1997. The Goodland water district service -- water district service area has separate rates, fees, and charges. The Goodland water district service area is not physically or financially connected with other facilities or revenues within the Collier County Water/Sewer District. Potable water supplied to the customers of the Goodland water district is purchased at bulk rate from Florida Water Services Corporation and is distributed to facilities owned by the Goodland water district. Customers in the Goodland water district are not required to pay water impact fees to the county or to Florida Water Services, and are not required to pay to the county or to Florida Water Services any fees or charges in lieu of impact fees. The impact fee cost to water ser -- Florida Water Services plant capacity allocated to these customers, in effect, is included in the bulk rate charges of the Florida Water Services. To date we reviewed the Goodland Water Service District Rate Page 50 June 1 O, 2003 Study that we're presenting today to you with the Goodland Civic Association, the productivity committee, and representatives of the Key Marco Community Development District. Today our presentation will take a three-pronged approach. Tom Wides, public utilities operation director, will provide a brief overview of the history of the Goodland water district; Pam Libby, manager of our public utilities water distribution department will provide a brief description of the system features and operations; then Robert Ori, a principal with the Rate Study Consultants Public Resources Management Group and the lead consultant for last February's Collier County Water/Sewer District Rate Study will present the results and recommendations of the Goodland Water District Rate Study. Also here today to assist me and to answer any questions that you may have are public utilities division team members, Paul Mattausch, water director, Roy Anderson, engineering director, Alicia Abbott, engineering project manager, and assistant Collier County attorney, Tom Palmer. With that, Commissioners, with your permission, I'll turn this podium over to Mr. Wides. CHAIRMAN HENNING: Thank you. MR. WIDES: Commissioners, good morning. For the record, my name is Tom Wides. I'm the operations director for public utilities. This morning I'd like to outline to you the -- a brief presentation of the history of the Goodland water district and hit some of the pertinent points. First, as you can see on the visualizer, the Board of County Commissioners created the Goodland water district under ordinance 75-5 in February of 1975. The intent of that ordinance was to give power to levy ad valorem taxes to provide a sufficient water supply to the district. Page 51 June 1 O, 2003 In April, 1980, the Board of County Commissioners enacted emergency ordinance 80-43. It amended ordinance 75-5 and created an MS -- MSTBU, a municipal services taxing and benefit unit, specifically to allow the use of a special assessment to fund the necessary water supply improvements on Goodland. At a -- at a very similar point in time, a water purchase agreement was negotiated with Deltona Utilities. That is the utility that was servicing Marco Island in that period of time. You'll see as we go through here, there is a transition from one utility to another. But after that, in May of 1992, the Key Marco Community Development District was established. In October of 1992, the community development district entered into an interlocal agreement with the Collier County Water/Sewer District to provide water service to the CDD. In October of 1993, the Collier County Water/Sewer District entered into an agreement with Southern States Utilities. They basically -- that was Deltona becoming Southern States Utilities to provide bulk water to the Goodland tank for Key Marco and Goodland. Finally, in May of 1994, an agreement between the CDD, the community development district of Key Marco, and the Collier County Water/Sewer District, came into a place, was approved by the board for construction and upgrades to the Goodland pump station and the State Road 92 water main to provide service to the CDD. In a moment we'll give you a little geographic depiction to help understand how that's set up. At that point, in that agreement in May of 1994, the CDD agreed to pay $850,000 for adequate pressure and quantity and quality of water to the community development district. In October 1999, a settlement agreement between the CDD and the Collier County Water/Sewer District included a refund of $132,000 and reimbursement of $36,000 of impact fees to the CDD Page 52 June 10, 2003 that had been collected prior, and finally, the CDD also agreed to pay an outstanding approximate $24,000 of service bills. The items that really happened between May of 1994 and October of 1995 are critical. At that -- during that period of time it was determined by the water/sewer district, the Collier County Water/Sewer District, that it was not going to be economically feasible to -- in fact, to try to run a line all the way down from 41, down to the Goodland area. So in fact, that '99 agreement terminated the 1994 agreement. If there are any other questions, I'd like to respond to those before I turn the podium over to Pam Libby. CHAIRMAN HENNING: Any questions by the members of the board? (No response.) CHAIRMAN HENNING: Ms. Libby.'? MR. WIDES: Kady -- there we go. Thank you. MS. LIBBY: Good morning, Commissioners. Pam Libby, water distribution manager. It is my team's responsibility to ensure the successful transport of water from the point of entry into the Goodland water district until it reaches the point of entry into each of our customers' homes and facilities. This morning I will be presenting a brief overview of the mechanics of how this task is accomplished. As has been explained, water's purchased in bulk from the Florida Water Services Corporation. Florida Water meters this purchase through a 10 inch by six inch meter near the Stephen's Landing Development. What is up on your screen right now is a picture of that 10 inch by six inch meter. Water is then moved through a 10 inch water main which runs through the Moran's Barge Marina parking lot to the Goodland repump station. Page 53 June 10, 2003 No customers of the Goodland water district receive water until it has been retreated and repressurized at this station. Water flows into the ground storage tank as it enters the facility, which is the next picture up for you. After it is in the ground storage tank, if demand calls for it, it is then sent to the chemical storage area. At this portion of the facility, it is given a dose of sodium hypochlorite. This is typically called bleach and is generated on site. Water is then boosted and pressured through the use of four hydro constant pumps and sent on to our customers. Just prior to exiting the station, the water goes through a pressure regulating device that allows us to provide one pressure to Key Marco area and one pressure to the Goodland proper area. All activities at the station are monitored 24 hours a day by the South County Regional Water Treatment Plant via telemetry. After this point the water is then transported through a series of water mains, valves, service lines and meters on to its ultimate destination, our customers' homes. The repump station is required, due to the distance that the water must travel from its source, which is the water treatment plant on Marco Island, onto the island of Goodland. The water needs to have an additional dose of chemicals in order to meet the Department of Environmental Protection's requirements in this area. The water also needs to be pumped to provide a higher pressure in order to meet the requirements of our agreement with the Key Marco area, which is to provide a consistent 70 pounds per square inch of pressure at all times, as well as to be able to provide firefighting capabilities on both Goodland and the Key Marco area. The station is located on the waterway, as you can see from the map, and that closeness to the water increases the stress on the station components due to the corrosive nature of the salt water. Staff is requesting that several major projects be undertaken at Page 54 June 1 O, 2003 this time to ensure the safety of our staff while working at this facility and a consistent and high quality water source for our customers. The renewal project can be broken down into three different components. The first is the replacement of six valves which are inoperable at this time. Four of these valves are in place in order to allow work to be completed on the four hydro constants which are the pumping capability at this facility. Currently with those valves inoperable, whenever work is to be performed on one of the pumps, employees must be standing in the water as it continues to flow out of the pump casing while surrounded by electrical equipment. This is a very unsafe situation. The valve replacement portion's rehabilitation is moving forward at this time. Bids have been solicited and staff will be returning to you shortly for the approval of a work order to complete this portion of the rehabilitation. The second component of the project that we are proposing is a replacement of the four hydro constant pumps. Each of the hydro constants is in excess of 15 years old, and replacement parts are no longer available on the shelf. Any time a parts needs to be procured, it has to be specially fabricated, which leads to a long lead time to gain the part as well as a high cost. The final portion of the renewal project that we are proposing is the replacement of electrical components. The electrical components are all original equipment to the station. And due to increasing rate of failure, it is necessary to replace this equipment at this time. Staff has hired the engineering firm of Greeley (phonetic) and Hanson to examine the station, confirm the requested repairs are needed, and develop a project budget. This project budget is one of the driving forces behind the requested rate increase that you are about to hear about today. Page 55 June 1 O, 2003 I will now turn the presentation over to Mr. Ori. He will take you through the actual rate study that has been completed. Thank you. MR. ORI: Members of the commission, good morning. My name is Robert Ori. I'm a principal with Public Resources Management Group. It's a pleasure to see you again. What I'd like to do is spend the next several minutes talking about the proposed rate adjustment, as soon as we can get the slide show here. Thank you. What I'd like to do today is spend a few minutes and talk about the purpose of the rate study, some of the rate issues -- you already heard some of them a little while ago about the capital needs required for the facilities serving the Goodland service area -- the demands that are -- we're seeing on the system, water sales, things of that nature, the revenue requirements, which is the utility expenditures that we need to recover from rates, including the capital program, loans, and the reasons for these rate adjustments, discuss the existing rate design of proposed rates as well as talk to you about some of the customer impacts, that if you adopted rates, what we would foresee from -- the effects to be on our customers. The purpose of the rate study basically today is, present to you our findings that we developed with dealing with the financial forecast of the system, and it really deals with what I call the rate sufficiency analysis. Are the rates sufficient to meet the overall definitive needs of the utility, and if they're not, what should we do. Obviously, we also want to make changes relative to the rates and the rate structure themselves. We want to make sure, as with any rate structure that is to be presented back to the water and the sewer district, is that our rates recover the cost of operations of the utility system. Additionally, we've got to make sure -- you heard some discussion today about the capital improvement program. We have to make sure that we have Page 56 June 1 O, 2003 adequate funding to fund those improvements, which I'll talk about in a minute how much that will cost. Also, we want to maintain the financial stability of the system, i.e., have additional adequate working capital reserves on hand. Then, obviously, you want to develop proposed rates, recognizing historical practices as well as the conservation of resources. The financial forecast that we prepared included the five-year period of fiscal year 2003, the current year we're in today, through 2008. And the primary reason, as we did with the water and sewer district, is we wanted to identify trends and see -- and rate phasing alternatives and whatnot to try to give you some thought and -- relative to how we can make sure that we have sufficient rates to meet our capital needs. Our analysis included service area demands, operating expenses, and the funding of the capital improvements. Essentially, are the rates adequate. Let's talk about the demands a little bit. This is a very interesting system. During the fiscal year 2002, there's about a little over 290 customers or accounts being served by the district, and that equates to about 415 meter equivalents. For example, a five-eighths inch or three-quarter meter would be one meter equivalent, an eight inch meter would be equivalent of 80 RCs based on information provided by the American Waterworks Association, and also used by the Florida Public Service Commission. That kind of gives you a feel of the customers served. Approximately 90 percent of our customers are three-quarter-- three-quarter or five-eighths inch meters in the -- in the district area; however, when you look at water use per customer, you can see that over 50 percent of the water uses (sic) is exhibited by nine customers, two inch customers. In fact, those -- that 90 percent of the customers actually only use about 26 percent of the water out there. So there's a complete shift in customers served versus water Page 57 June 1 O, 2003 use in this district. It's very interesting. In terms of the forecast of growth, there is some anticipated growth that has been recognized. The Calusa Island Village, which includes a hotel, some other appurtenances, the Goodland Park, et cetera, but those are pretty speculative right now, and if they do occur, it would probably be near the tail end of our forecast not the beginning of our forecast. And as you'll see, we're going to be asking for some rate relief, and, therefore, we have excluded these two items. There's also about 80 lots to be developed in Key Marco Island, and there's some additional growth, I believe, in the Goodland area. Growth is really not a major issue in our forecast. We only assume about two customers per -- a year. A growth rate of less than one percent. Again, most of the growth we see will be near the tail end of the forecast not the beginning of the forecast, and that's kind of why we did that at this point in time. The revenue requirements, you probably heard me tell you that term before, that's the total expenditures that we need to recover from rates. That would include operations and maintenance expenses. We want to establish what we call a renewal and replacement account that's really a -- more of a capital account to start setting aside moneys to replace system assets as they wear out, somewhat like we talked about today. You saw the capital improvements today that -- with replacement of items that were 15 years old, we want to start establishing an account for that. Another good example would be meter replacements and things of that nature, which benefit existing customers. And we project about a $10,000 deposit into that account of 2003. The capital project that was discussed here earlier really benefits the existing system. It's not there for growth. As you heard the discussion today, pump replacements, the electrical replacement, they're all existing assets benefitting existing customers. Page 58 June 10, 2003 And that cost is about 500 to $550,000 to do those improvements that were mentioned today. It's quite a significant amount of cost. Again, we have 293 customers out there. To give you an idea of the six-year capital improvement program that you see on your screen is about $567,000, of which really 550 are the three major projects that were described to you earlier. We did allow an allowance, about $17,000 for continued R&R, or renewals and replacements. And what we really did is any deposits we assumed were spent for some future need. So it's really not an identified cost at this point, but we didn't want to accrue funds and have earnings on those funds. How we're going to fund or propose to fund this $550,000 improvement is we want to use cash on hand. Right now the system has been $500,000 of operating cash in the system, and we want to pull out $350,000 and immediately start the program. The first question will probably be, 500,000 in, 550, why don't you use all 500? Well, as I'll show you later, we want to phase in rates, number one, because we need rate relief, but number two, if you take all the $500,000 out, we have no cash, and we all know we can't operate a system with no cash. So we want to pull about $350,000 from the cash on hand, it's about 44 percent of the project, and then enter into what I call a loan, a bank loan, a short-term loan, to try to fund the rest and spread the remaining payment over about a 1 O-year period. And you can see on your screen there what the relationship is on that capital program. This is the system revenue requirements that we've identified. And I want to just point out some items here that are of interest. The first line you see is the operating expenses, about 420 to $450,000 or so. Included in that line, the most -- the single largest cost that's in there is the cost of purchased water from Florida Water Services Page 59 June 1 O, 2003 Authority. And that makes up about 50 percent of that line by itself, it's just the purchase of the Florida Water, to get a basis of the tank before we repump, maintain the system, et cetera, to give you an idea of what the magnitude of those purchases are. You can also see on the third line down, this deposit, the R&R fund, we want to build it up over time. And the loan repayment I talked about, that $200,000 is on line two, and we project to incur that loan somewhere in 2004 and begin repayment of about $26,000 a year. The other point I want to make, if you look at line one, the $400,000 operating expenses, and you look down the chart to see rate revenue from existing rates, that's about $300,000. And the point is, our revenues from rates don't even cover our operating expenses at this point in time. We're operating at a loss, so we have to do something if you want to get this utility to a break-even system, rates to expenditures. We're not even covering our operating expenses. In fact, the purchase water costs account for about 70 percent of our rate revenue as it exists today. And as you saw, we have a major capital improvement coming down the pike here. So those are the major issues. The other point I mentioned earlier, I didn't want to take all the cash out, if you look at about the eighth line down or so, you'll see a cash on hand of $102,000. The phase-in rates, I want to use some cash and levelize (sic) it out. We don't want to do a rate increase in 2003. We want to effectuate a rate increase effective 2004, October 1, consistent with the water/sewer district. And so we're actually utilizing cash to -- because our operating costs are greater than our revenues, we're utilizing our operating reserves to meet our needs. That kind of gives you a picture of the revenue requirements. And as you can see at the very bottom, this is annual deficiency, not a cumulative deficiency. We're not short $145,000 in '04, and then Page 60 June 10, 2003 164. This is cumulative, just so you know. But you can get a feel for what the impact is. Although it's not a large dollar number, you think 296 (sic) customers, it's significant to the amount of customers that are served, and that's why I wanted to point that out to you earlier. Why do we need the rate adjustment? I mentioned the rates are under recovering the cost of operating expenses. I mentioned the 50 percent of the purchased water. We haven't raised rates since 1997. There's a pass-through provision in our rate tariff that allows us to raise rates as Florida Water raises rates. We haven't effectuated that either. Although there's been some increases in Florida Water, there hasn't been a significant rate adjustment. It's mostly been passed through, type of thing. Continued cost of inflation in operations. We all know that one. Basically the major driver would be the capital improvement program, the $200,000 we need to fund, plus the use of the reserves to fund the other part of the capital improvement. And also, we want to maintain cash on hand. I think it's a good idea to have at least 60 days of revenues, a very small system, in the bank, or $100,000. And we want to build that back up. Actually, this plan calls for us going down to about $45,000 of cash and then bringing it back up so we'll break even again around 110,000, 120,000 in the last year of the forecast, unless we have a lot of growth. So that's kind of what we've done. We've kind of done a u-shaped effect of cash balances to bring the rates to effect. The existing rates kind of give you an idea of what's out there today. There's some interesting things. Some are very common to our utility -- the district's utility. You'll see a meter-base rate and a volumetric rate. The meter-base is pretty common, three-quarter-- you know, base it by meter, the size of the meter. Page 61 June 10, 2003 Interesting, it's a flat volumetric rate, $3.92 per thousand gallons. All gallons billed are charged a flat rate. As you -- we had discussions before about water conservation. South Florida Water Management District, you can see there's no conservation rate structure here. Also, the last half of this chart, you'll see the adder or the indexing allowed in your ordinance or resolution relative to the adjustments for Florida Water rates. But keep in mind the structure here. We're going to come back to that. What we are recommending is you maintain somewhat of that structure, that base facility of volumetric-type rate, but that you established the conservation rates similar to what your district has, and also maintaining the purchase water adjustment clause with some minor revisions. As I mentioned, that's 50 percent of your operating expenses. We have no control, so we want to make sure that we maintain that. This is the proposed rates as you see right -- that we're recommending today. You can see the base charge is maintained. This is just for the three-quarter inch meter, which is, you know, the majority of your customers, 90 percent of your customer. The base charge will go from $16 to $25 and that the usage charge would follow the same blocks as your existing water and sewer district. And as you can see on the scale, the first rate would actually drop slightly and then invert quite significantly to over 50,000 gallons. The second year we have another increase in the volumetric rate but no increase in the base charge. This is a significant rate adjustment. As you can see just looking at the base charge alone, it's a $9 increase on a $16 rate. That's pretty significant. But that's the kind of-- with this type of system, that's the kind of rates you need right now to make this thing work. What's the impact to the customers? It's probably pretty important, because it shows you where the rates -- how the customers Page 62 June 1 O, 2003 will be affected first with the first part of the increase, the second part of the rate increase, at low-end and high-end usage levels. If you look at the first column under 5,000 gallons, the existing rates produce a bill about $35.60 a month. The 2004 rates would increase that bill by about $7 to $42.50. It's about a 19 percent rate adjustment. The second year, add another $4, another 9 percent. We're, overall, about $11 increase over the two-year period, about 31 percent. I'll turn to the B side of the record and go to the 100,000 gallon range, that's the two end points on this graph. A person using 100,000 gallons under a three-quarter inch meter would see their bill go up by about 88 percent. It's significant, almost a doubling of the rate. In fact, when you layer in the second part, it would actually double because of the conservation rates. To give you another idea -- I'm going to go backwards here. I think this will work. If you looked at the existing proposed rate structure, one question you may have would be, what happens if all usage stayed the same, we didn't have the conservation rate even though we know the districts want that, all the utilities around this area have this basically. The three ninety-two rate would probably need to go to at least $5.60 a thousand, and then to about $6.70 a thousand, assuming the revenue requirements we have. What that would do is we obviously would shift dollars away from the 100,000, 50,000 gallon high-end users to the low-end users, is what would happen there. That's to give you an idea what those rates are. In comparison, the Goodland district area does have fairly high rates. As you can see in the aqua bar there, the $35.60 -- this is for the typical 5,000 gallon user, which is 90 percent of our customers. But when you look at that rate compared to the blue bar to the Page 63 June 10, 2003 left of us, that's the Marco Island water and sewer rates, and we purchase our water from Marco Island, Florida Water Services Authority. I call it Marco Island, but it's the Marco Island system. And we purchase it from there. And you can see their retail rates. They're almost identical. And we have yet -- when you think about it, we haven't added our costs on top of that for our cost of maintenance, billing, administration, capital improvements. And you can see where those two rates are. So it's intuitive you think our rate would be higher, recognizing some of their rate. But you can see that the red bar would be the proposed rates, and actually it's at the higher end of the scale, obviously. Why are these rates different and why are we so high? Obviously with small systems, the size of the customer base means a lot. As you can imagine, 300 customers -- if you have a $10,000 expenditure to get from 300 customers, that can be significant. The source of the water; the Marco Island system is a very complex system. My understanding, I think it's a reverse osmosis, lime softening facility, draws their water, I think, from a lime pit, long ways to transmit this water, and a lot of utilities don't have that. The renews and replacements. We already talked about that, the needs. And grant funding. How much grants have you gotten? Obviously we haven't gotten much. And there's other items, administrative fee transfers, bond covenants, things like that. That affects these rates. But I've seen this with-- especially with other Florida Water Services rates, they have a lot of small systems across the state. They also have very high rates from their smaller systems. I don't have those with me, but I could get those and show you those. But let me give you another-- I did this graph to kind of show you again. This is the 5,000 gallon user who would get the best rate adjustment. And this shows that since 1997, since we last changed Page 64 June 1 O, 2003 the rates, that if we applied inflation to the rates, if you look to the far right, the $41.78, that would be the rate produced if we just indexed the rates for the CPI inflated (sic). The proposed rates are about $46. So although we're higher, we're kind of in that inflation area relationship at the 5,000 gallon level. Obviously, at the higher end level, no way. We're a lot higher than inflation. Our recommendations to the staff and to the board would be to review the plan of finance and the rate adjustments and the rate structure revisions. Even if we didn't do rate structure revisions, we need to do something to maintain financial stability, and I'm here to ask -- answer questions regarding that if you would like to talk about some alternatives or whatever; however, if you do something, you need to do it as soon as practical. We're losing money now. And our recommendation was October 1st, 2003, with a second increase on October 1st, 2004, over 12 months after you effectuate a rate adjustment. As with your other system, I would recognize -- I would recommend reevaluating this every year. For example, if the cost of improvements were less than 550 or higher, that's going to have a significant impact here, and I think it's good just to keep an eye on this till we get through this R&R program. And with that, other than for questions or discussions, I'll turn it back over to Jim. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes. I've been to -- I think this is the third time I've heard the presentation, by the way. MR. DeLONY: Yes, ma'am. COMMISSIONER FIALA: It's been interesting each time. The residents of Key Marco, residents and administration for Key Marco have asked that we consider postponing this item until the end of July, and they would like to step up now and give you Page 65 June 1 O, 2003 their reasoning behind that. -- hear their presentation. Cox. And I would ask that we could hear their CHAIRMAN HENNING: Public speakers? MS. FILSON: Mr. Chairman, I have one public speaker, Daniel MR. COX: Good morning, Commissioners. My name is Dan Cox. I'm an attorney with the firm Young, van Assenderp, Varnadoe and Anderson. I serve as general counsel to the Key Marco Community Development District. It's a local government who has the responsibility for maintaining the surface water management system and other infrastructures within the Key Marco community. As Mr. Wides indicated, the history behind the Key Marco Relationship with the Goodland water services district is a little bit tortured. The '94 agreement was entered into under the misconception that we were within the county's water services area and not within Florida Water Services. There was some dispute over whether the '94 agreement had been lived up to by the county. We asserted some claims against the county and entered into the '99 agreement, which was termed the settlement agreement and release. Mr. Wides went over some of the provisions of that agreement, but one other provision that was not brought to light -- MR. MUDD: Hang on. It's coming. Where do you want me to go? MR. COX: Very bottom. MR. MUDD: Bottom, got it. MR. COX: In paragraph three, the last clause on this page begins, moreover, the CDD and developer acknowledge that the county will charge the CDD and/or individual customers the county's cost to buy the bulk water from Florida Water Services plus a reasonable administrative fee. There is no room to interpret that to allow you to do capital Page 66 June 10, 2003 improvements and fund those through water rate charges to the end users, including the Key Marco Community Development District, under our reading of this agreement, and really don't see how it can be interpreted any other way. If this rate change does go through, we will be forced to look at what our remedies are under this agreement and go forward from there. But from another more practical perspective, what I'm concerned about for the county's sake in this particular bill is that, as they indicated, we've got approximately 60 million gallons being used out at Goodland water services area. The Key Marco district uses approximately 25 million gallons of this water. We have been looking at, the past year, the feasibility of putting in ground water source irrigation wells to use that water as opposed to the potable water we're acquiring from Goodland water services district for irrigation of our common areas, which accounts for an extremely large amount of our usage. If you pull that 25 million gallons of usage out and recompute your percentage of total consumption, what you're going to find is that your five-eighths inch meters and your three-quarters inch meters are actually using about 50 percent of the water that would be left and sold in that system. When you go back to your system revenue requirements just for 2004, you're looking at trying to recover a revenue shortfall of about $146,000. Now, if you pull our $110,000 a year revenue out of this picture and the 90,000, roughly, costs that we are imposing on the system by you having to acquire bulk water to service us, that number's going to go to about $166,000 that -- 50 percent of that is going to be recovered from your five-eighths inch and three-eighths inch metered users. So you're looking at about 85,000 more dollars that you're going Page 67 June 1 O, 2003 to have to recover from those people, and that's going to result in the last graph that you were shown about usage down in Marco -- in costs down in Goodland for the end users in this system going up probably another 30, $32 above the 42.50 that they're proposing, or about 57 bucks a month, as opposed to this 42.50. I think that's showing that structurally the Goodland water services district cannot sustain itself at any type of reasonable rate fee. And I think that what we would ask the county to consider is to work with us over the next couple of weeks. We have the permits to sink our wells. Mr. Jim Roth is here, he's the president of the homeowners' associations out at Key Marco. He has an appointment to go and talk to the financial people about giving money to do the project. We're going to move forward with that in either regard. And we think that the rate study should be revisited and potentially that either merger of this district with the overall water services district, whether it be done physically or administratively, would be a much more viable alternative than trying to recover these costs through a rate increase to the end users out there, even if it is permissible. Thank you. CHAIRMAN HENNING: Thank you. I guess that proposes a lot of questions to our staff, if Commissioner Fiala doesn't mind. COMMISSIONER FIALA: Go ahead. CHAIRMAN HENNING: If Key Marco does find alternative sources for their irrigation, does that negate the need for some of the improvements extended out? What does that do for -- MR. DeLONY: I'm going to answer the question two ways. First I'm going to have Pam Libby talk from an operational perspective with regard to the required rehabilitation works, then I'll have Tom talk carefully -- Mr. Wides talk to the financial implications, and then I'll summarize that answer. Page 68 June 10, 2003 Pam, start, please. MS. LIBBY: On the operational end, we started with the flat replacement of the valves, and whether we're servicing one customer or whether we're servicing the bulk of the customers, we still need to have those valves changed out. The current situation with the employees having to stand in the water with electrical components all around just can't continue. I mean, it's really unsafe, and it's putting the county in extreme liability at this time to continue that way. I feel strongly we have to go on with the valve replacements. With the hydro constant replacements, just to give you an example, we had one go down about six months ago, and it took us 45 days to get it repaired because of the lead time with the parts. It requires a minimum of two of the hydro constants to keep the island in water service, or if the fire pump hydro constant went down, they would have no fire protection until those parts could be fabricated. So it would be a liability, I think, to wait on that portion of the rehabilitation because you could potentially either have no water or no fire protection at some point in time. With the electrical components failing, that's a little harder to put an exact timeline on that one because some component jets are on the shelf and I can get them and do that replacement. But the majority of them are older. And, again, we're having to fabricate replacement parts for those as they break. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Before we go on, I need to get an understanding with respect to the manner in which we deal with capital improvements with this particular system. Mr. Cox has suggested that the agreement we have with them does not permit us to recover money for capital investment. And I would like to understand what the alternatives are for doing that. Must we take money from some other source to maintain those Page 69 June 1 O, 2003 facilities or, alternatively, do we disagree with Mr. Cox's assertion or, number three, if we were to merge them into the overall water system, what are the cost implications of doing that? MR. DeLONY: Let me see if I can get to the first two of those COMMISSIONER COYLE: Okay. MR. DeLONY: -- and I'll come back to the last one. CHAIRMAN HENNING: Let's answer my question first, which Mr. Wides was going to -- MR. DeLONY: Okay. CHAIRMAN HENNING: -- wind up. answer, and you were going to MR. DeLONY: I was going to work (sic) up. So we'll get to you first, and then we'll come back to you, Mr. Coyle. Fair enough? COMMISSIONER COYLE: That's fair enough. CHAIRMAN HENNING: Thanks. MR. DeLONY: All right. Tom. MR. WIDES: Again, for the record, Tom Wides, operations director. First off, on the topic of the financial feasibility of this system, we need to do the work now, okay? You've heard that from Pam Libby, our operation -- or manager of operations there. In terms of how do we -- how can we possibly fund this? The only place we have to go to fund this district currently is within the structure. Will it, by delaying this rate increase, will that in some way put more cost on the other rate payers? Yes, it will. It will also likely heavily increase the base rate on the larger meters, which are the meters down on Key Marco, okay? So it will -- it will shift costs most likely. We are taking a lot of bulk water cost out by -- if, in fact, the Key Marco group were to go to an alternative source of irrigation. So wE'll take revenue out, we'll take cost out. That's -- that's a matter Page 70 June 10, 2003 of time. How soon can we sink wells? Can they sink'wells? Maybe that's the first question, will they be allowed by South Florida Water Management to sink the wells, to start pumping from those wells, and to use that water for irrigation purposes? Will that take a month? Will that take six months? Will that take a year? So those are the questions. And in the meantime, that system is badly in need of repair. We're not asking them to pay for any increase in pumping capacity. We're asking them to pay -- to share with the other customers with the rehab of the system. And I'd also like to note to you, just to keep in mind, we have another condominium, 52-unit condominium, Calusa Island Village, that is moving through the process and is ready to start bUilding. We cannot approve their building until we have available capacity for them, okay? And again, what our intent was for Calusa Island Village is that they would pay for any additional -- any additional capacity which is not included in this rate study. Commissioner, did I respond to your question or-- CHAIRMAN HENNING: I don't -- I didn't hear it, so let me repeat the question so I can get an answer. What I heard is, the possibility of Key Marco finding alternative sources for their irrigation. MR. WIDES: Yes, sir. CHAIRMAN HENNING: What I heard was, therefore, it would -- you're not going to have the money to do these repairs anyways because the rate payers -- the rate users is going to lessen the use, and that's where -- your source to make these capital improvements. If that is true, then where is the money going to come from to make these capital improvements, or is it going to be delayed, those capital improvements? Page 71 June 10, 2003 MR. WIDES: At this point in time, we would probably have two alternatives. CHAIRMAN HENNING: Okay. MR. WIDES: The one more likely alternative is to delay the rehab. Well, that is the most likely situation. Now, can we go out and borrow double what we're planning on borrowing and put that back against the rate payers and still try to proceed? We could do that. That is the other alternative. But -- and if I may answer both of your questions just for a moment here, Commissioner Coyle had asked, is there some other place to go for the funds? The best we can do is go outside and borrow. We have, as you heard earlier, no impact fees to tap into for the Goodland water district. CHAIRMAN HENNING: Except for that one coming on line that you just stated a few minutes ago. MR. WIDES: Which would be a development -- it wouldn't be MR. MUDD: It's just capacity related. It hasn't -- it has nothing to do with the existing system. MR. WIDES: Exactly. MR. MUDD: When you do existing system repairs, it comes out of user fees. CHAIRMAN HENNING: Okay. MR. MUDD: Okay? When you do capacity improvements, like building another water tank or something like that, or increasing the line diameter because you need more pumping, then those impact fees get into that particular area because you've increased the capacity of the system. CHAIRMAN HENNING: on the CDD district -- MR. DeLONY: Yes, sir. CHAIRMAN HENNING: Commissioner C0yle had a question -- agreement, correct? Page 72 June 10,2003 COMMISSIONER COYLE: Yes, I did. MR. DeLONY: Okay. I'm going to ask Tom Palmer to give you a view from the county attorney's office on that very point. COMMISSIONER COYLE: Okay. MR. DeLONY: Tom? MR. PALMER: Commissioners, this sentence that was written, or referred to you by the other side, that -- that provision is unenforceable against the county because it would require the county to provide water to that geographic area at less than the cost to serve. There is a way around it though. If you wanted to ineffectively use it and you asked whether or not this system could be rolled into the base general rates of the water/sewer district and not be a sub-district, that is legally permissible and in your discretion. The net effect of that would be -- and I can't quantify it because it's a relationship of the revenues and the cost of the large geographic area and the small geographic area. But in all probability, in due course, it would probably result in a small rate increase to the general population of the water/sewer district, because it's the tyranny of those small numbers versus the huge universe. That is permissible. So in my opinion -- and it's -- there's good case law on this -- that we cannot agree as a matter of law to serve these customers at less than the cost to serve them. And if we were going to apply the rates recommended to the other side of the district, that is, the people in the sub-district who are not in the subdivision, then you've got serious rate discrimination issues. They would be paying for these incremental costs that are going to repay this capital cost, but they would be immune from them, and there would be one rate for the people in the CDD and another rate for the people outside the CDD. But, my opinion, irrespective of what is intended, it is not enforceable against the county because it results in service at less than the cost to serve. This can be done in certain rare instances but Page 73 June 10, 2003 not for a privately-owned development. Like a -- for example, you could enter into this with maybe a college or a school district because there's case law that says there's special cases, but this is basically privately-owned property. It's a residential subdivision. COMMISSIONER COYLE: Okay, thank you. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes. MR. DeLONY: Yes, ma'am. COMMISSIONER FIALA: Just a basic question. MR. DeLONY: Yes, ma'am. COMMISSIONER FIALA: You've given us the alert that the system is breaking down mechanically. MR. DeLONY: Yes, ma'am. COMMISSIONER FIALA: You've also declared that we have a half a million dollars sitting in reserves, and you've stated that our employees are working in dangerous conditions, standing in water-- MR. DeLONY: Yes, ma'am. COMMISSIONER FIALA: -- and working on electricity. If we have a half a million dollars, why didn't we use -- MR. DeLONY: Yes, ma'am. We're going to move out on that. I think that's exactly what Ms. -- Ms. Libby said, that we'll move out on that aspect of it, and certainly we're not -- not delaying any at this stage of the game. We're moving with the due diligence to do that. COMMISSIONER FIALA: We should -- we should have fixed that right at the start rather than endangering our employees' lives -- MR. DeLONY: To the extent that we -- excuse me. I don't mean to interrupt. I apologize. To the extent that we've been able to mitigate that, we have. But we don't need to continue any longer without a major repair, and that's where we're at now. COMMISSIONER FIALA: And no matter what we do today, I Page 74 June 10, 2003 mean, we have the money to fix that, right? MR. DeLONY: We have the money to begin, but I don't have the money to complete because the cost could go -- we have a current estimate, as briefed earlier-- COMMISSIONER FIALA: I understand where you're going -- MR. DeLONY: Yes, ma'am. COMMISSIONER FIALA: -- with it. I'm just really concerned right now for the employees' safety. MR. DeLONY: And I am equally concerned. We have addressed that in terms of mitigation. My concern is to continue to do that mitigation, and at the same time, provide water to our customers. I've got to do both, and I believe with this program that I've outlined, I'll be able to do both safely and to the standard with regard to customer service. CHAIRMAN HENNING: Seeing no further questions, entertain a motion. COMMISSIONER FIALA: Yes. I would like to make a motion that we consider hearing this at the end of July, but start work on that -- on safeguarding our employees right now. CHAIRMAN HENNING: Okay. Is there a second to the motion? COMMISSIONER COLETTA: Second. CHAIRMAN HENNING: All right. Any discussion on the motion? COMMISSIONER COYLE: I need to ask a question. What does that mean with respect to the safety issues and the ability to complete the mitigation of those safety issues for the employees? MR. DeLONY: If the board directs me to continue on with the project I have, I'll continue at the schedule that I had planned, using the cash reserves that I have at my -- available to the district and come to you with your permissions to utilize those reserves. I'm Page 75 June 1 O, 2003 concerned the reserves are not adequate to do two things, address the needs that we have in terms of rehabilitation, and secondly, operate the facility -- without a rate increase, operate the utility at a reasonable -- in a reasonable and business-like way. As described by the rate consultant earlier, you know, we're going to finance part of the rehabilitation, and the rest of it, we're going to have that debt retired as well as build up 60-day cash reserves to operate that district as it should be operated as a sub -- as a district. And that's what the net effect would be until we can get another rate structure approved by the board. COMMISSIONER COYLE: And I just need to ask one other question of Commissioner Fiala. What -- what would be the purpose of the delay? What will we COMMISSIONER FIALA: Thank you for asking that, because I do not want to delay any of the repairs, by the way. I want you to stay on schedule with the October 1st target date. The Key Marco people feel they have a few more discussion points with staff, and I guess they're -- you've had some discussion with them and there are some other things that they just want to iron out, and that's why they're asking for the time to do that. It's just till next month. MR. MUDD: And Commissioner, I think that would be a very good idea because the rates don't start until 1 October and the 29th of July. And one of the things I didn't hear from Key Marco is the fact that maybe because they use 50 percent of the water in this particular system -- and you notice Jim mentioned that there would be $350,000 taken out of that $500,000 reserve account in order to start, and that they would probably have to go buy 200 -- or excuse me -- they'd have to go out and finance $200,000. Well, when you finance $200,000 over a 1 O-year period of time, you're not only paying for the principal, but you're also paying for Page 76 June 10, 2003 the interest. And maybe there is an agreement that we can reach with the Key Marco folks where they would be forthcoming with the $250,000, $275,000, to pay their half of this particular case because they use, at present time, 50 percent of that water. That would preclude us from going into a loan that would add interest to that process. And I think staff needs to be able to talk those issues out with these people, and I -- and I think this particular rate study has opened up their eyes. And I know they're good neighbors, and they want to be part of the solution to this process. COMMISSIONER FIALA: Let me state just one more time, I don't want it to be delayed any further than July, number one. MR. MUDD: No. COMMISSIONER FIALA: And number two, I want to make sure we start on schedule and right now start safeguarding those people's -- MR. DeLONY: Yes, ma'am. COMMISSIONER FIALA: -- lives over there that are working in the water with electricity. MR. DeLONY: Yes, ma'am. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Basically, I think what came out of this whole discussion this morning is the fact that in order for the county to provide water and to provide it in a manner that it's -- to all customers, that it's going to cost a little more money for water, and I think what we're trying to drive the point here is, that people who are high users of our resource of water are going to be paid -- or be charged more money; is that correct? MR. DeLONY: Our conservation rates, that rate structure you saw, exactly does that in its design. As approved by this board in February for the greater Collier County Water/Sewer District, less Goodland, that's exactly the rate structure you put in effect. Page 77 June 10, 2003 COMMISSIONER HALAS: And we -- MR. DeLONY: This does this for this district as well. COMMISSIONER HALAS: And we've got an antiquated system where we're in a situation where we've got -- we're jeopardizing the safety of employees who are working around that equipment. This equipment is getting antiquated. We've got to upgrade it, so the users have to realize that we've got a commitment here of not only providing them water, but also safety of our -- of the people that -- county employees, plus this new equipment, it costs money. So it's got to be -- they've got to realize that we have to work together and it's -- their rates are going to go up accordingly because we've got to pay for this. This isn't something for nothing. Everybody that's involved in this thing has to come to the party. CHAIRMAN HENNING: My perspective on the motion, it's not going to accomplish anything. You're going to have an increase -- I'm sure we're going to approve an increase for October. Key Marco, you know, we're getting into rainy season. They have a choice to cut off their sprinkler systems. They've got a few months to look for alternative sources and the bottom line is, is we still need to do these repairs. COMMISSIONER HALAS: Yeah. CHAIRMAN HENNING: So these (sic) action that we're going take -- the action we're going to take in July I don't think it's any different than we're going to be taking today. So all we're doing is, we're going to discuss this item again in July. So I'm not going to support the motion, but I will -- if there's no further discussion, I'll call the question. All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? Page 78 June 1 O, 2003 COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. CHAIRMAN HENNING: Motion fails, 3-2. And I will make a motion to approve staff's recommendations. Is there a second on the motion? COMMISSIONER HALAS: I second it. CHAIRMAN HENNING: There's a second on the motion. Discussion on the motion? (No response.) CHAIRMAN HENNING: saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. CHAIRMAN HENNING: Opposed? COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Motion carries 3-2. Thank you. All in favor of the motion, signify by Item # 10A PRESENTATION BY THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT REGARDING ROADS IN SOUTHERN GOLDEN GATE ESTATES-STAFF TO MOVE FORWARD TO NEGOTIATE WITH SOUTH FLORIDA WATER MANAGEMENT DISTRICT TO DEVELOP A PLAN AND ANSWER ACCESS ISSIIES We have -- on this next item, our 11:30 time certain, we have 10 speakers. MR. MUDD: It's item 10(A). Page 79 June 10, 2003 CHAIRMAN HENNING: Yeah, we have -- we have 10 speakers, and then we have a -- 11 speakers, and then we have an item to be heard before one o'clock. So what I -- what I see is, we're going to work through our lunch -- lunch break. Is that what the commissioners want to do? Is there a reason why we need to hear this next item or not -- the item after this before one o'clock? MR. MUDD: No, sir. And we can -- we can make a change based on the number of speakers that we have. We put down on this item, which is a briefing back to the board on -- on the legislative session, we can -- we can bring that back anytime. We've got it down at the board as not later than one, because presumably we thought we would have this -- we thought we would be into the lunch hour and maybe be done early, but I don't think so. CHAIRMAN HENNING: So we'll hear that item today, it will just be later than one. MR. MUDD: Yes, sir. It's going to be after our lunch break. CHAIRMAN HENNING: Okay. So we are taking a lunch? MR. MUDD: Dinner, sir. CHAIRMAN HENNING: Next item is -- MR. MUDD: Item 10(A), a presentation by the South Florida Water Management District regarding roads in the South Golden Gate Estate (sic), and the presenter will be Ms. Pam Mac'Kie from the South Florida Water Management District. MS. MAC'KIE: Good morning, still, barely. CHAIRMAN HENNING: Good morning. MS. MAC'KIE: And I used to admire the people who were smart enough at county commission -- Pam Mac'Kie. I am the deputy executive director for land and west coast resources at the South Florida Water Management District. And what I was about to say is that I used to admire the people Page 80 June 1 O, 2003 who were smart enough to schedule their item when you were hungry so that you'd, you know, hurry it along and probably be weak and more likely to go along with what they were requesting. I hope I've done that today. COMMISSIONER COLETTA: Spoken as a past commissioner, I assume? COMMISSIONER COYLE: We're more likely to disapprove under those circumstances. MS. MAC'KIE: Oh, no. Grouchier when you're hungry, huh? Uh-oh. All right. Then we'll go fast. My reason for being here today is just to have a dialogue with you over what is a cumbersome process because of Florida's sunshine (sic), and so we just have to have our conversations here in the sunshine, and so it makes it a little less cumbersome -- I'm sorry -- a little more cumbersome than it would otherwise be. But I'm here at the authorization of the Department of Environmental Protection to discuss a methodology by which the state could get complete ownership of the roadways in southern Golden Gate Estates so that the rehydration and restoration project could go forward on time. I want to -- I know that the question today will be, what is the appropriate compensation to Collier County for -- if it's willing to give away its interest in these roads, what would be an appropriate compensation level. I want you to hear, if you would, if your stomachs will allow you, I'd like for you to hear from Janet Starnes briefly about the project benefits, because I have to suggest to you that in every other of the 16 counties where I go and talk about restoration projects, it is the project benefits that is the compensation for the county's participation. And in this case, I have to suggest to you that the project benefits here are much greater than the value of the road easements Page 81 June 1 O, 2003 that you're being requested to donate, so I need to get that on the record. I need to be sure that that -- that you're clear that in the opinion of me and the water management district and the state and probably the feds, you know, the compensation that the county is -- should receive is the benefits of the project. In other counties, I go -- and we're doing a restoration project and they donate the land and they give cash and they help with the restoration and they pay, and so this is a very odd situation, and you just need to know that. Because when I was here, you know, you have a narrow perspective. You see Collier County. Well, having stepped back, I want you to know that it is very odd for us to be talking about the county government being compensated for vacating road right -- road rights-of-way in an Everglades restoration project that is a critical project approved by Congress, ready to go. It would typically be that the project benefits would be seen as the compensation. So I'm going to pause for a second and ask Janet Starnes to come and just give you some description of those project benefits, because I think that's very essential for you to understand, if I may. CHAIRMAN HENNING: Ms. Mac'Kie, before you go away, what's the total acreage of what the taxpayers own down there? Well, I'm sorry. In ownership into the county including the dirt roads? MR. MUDD: The ease -- the easements that we have are on 287 miles of road, and we estimate that the right-of-way easements are on 2,293 acres -- point 25 acres, okay, a quarter acre. So again, it's 2,293.25. You also have the right-of-way, you also have the 10 or so bridges that they want to purchase, plus you have the road condition, of which 73 or 74 miles of that road is either double surface lime rock or asphalt. And I think it's broken down; 60 are asphalted -- 60 are asphalted, six miles are lime rocked, and 13 are double surface Page 82 June 1 O, 2003 treatment. I will also say that the Florida Department of Environmental Protection has also asked about Jane Scenic Drive. And when you add that to the calculation, that's 11.3 miles that are lime rocked and another 137 acres. CHAIRMAN HENNING: I just want to get out to the point -- the point is, we are donating land down there. MS. MAC'KIE: Where? I'm sorry, I don't -- CHAIRMAN HENNING: The dirt roads. That wasn't in part of the equation as -- MR. MUDD: The right-of-way -- the right-of-way costs are on there. The condition of the dirt roads are not into the calculation of roads per se as a cost. MS. MAC'KIE: But in the 2,293 acres, that's all of your interest. Am I right about that? MR. MUDD: Yes, ma'am. MS. MAC'KIE: So that -- so if you are willing to donate the dirt roads, we need to clarify that and subtract that from the 2,293. MR. PERKINS: No way. MS. MAC'KIE: And I also want to be clear that -- and your lawyer should advise you if I'm wrong -- the state has already purchased and owns the fee title by virtue of having bought the adjacent properties. All that happens -- what is retained by county government at this point is the platted easement, that layer of rights, on top of the fee. The fee was purchased, the ownership was purchased from the adjacent landowners. That's how it works. That's how platting works. But that -- that easement, that platted easement, not the ownership of the dirt, but that platted easement is what you continue to retain an interest in over 287 miles, 2,293 acres, and the question is, what is the appropriate compensation if you agree to allow the state to continue in its rehydration project. So I want you to hear Page 83 June 1 O, 2003 about the project benefits, if I may. CHAIRMAN HENNING: Well, I would like to know, what kind of moneys is the county asking for to vacate these easements? MS. MAC'KIE: Well, that's basically what I'm here to talk about. I mean, that's what this awkward negotiation that has to take place in the sunshine is about. Because, again, I want you to know that the project benefits are the compensation and, I believe, should be considered more than adequate compensation. But if you don't see it that way, then the alternatives are for you and the state to fight each other in some sort of condemnation or some sort of process. You know, I don't want to see that, so that's how I sort of interjected myself into this process. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Pam, I need to ask a question so I'll know where I stand for the rest of this meeting. Are you telling me that the state has rejected out of hand our arrangement or proposal to establish a mitigation bank? MS. MAC'KIE: No, sir. COMMISSIONER COYLE: Because if they have, then-- MS. MAC'KIE: They have not. COMMISSIONER COYLE: -- as far as I'm concerned, I'm finished talking. MS. MAC'KIE: They have certainly not. COMMISSIONER COYLE: Okay. MS. MAC'KIE: The reason I'm here today is to ask if the board as a whole wants to make that an official offer to the state -- COMMISSIONER COYLE: Okay. MS. MAC'KIE: -- because we can't do that without going through this sunshine process. COMMISSIONER COYLE: I understand. Okay. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Pam, I'd like to get a couple of Page 84 June 10, 2003 things on the record so that everyone knows what's taking place behind the scenes. Several times now we've been politely invited up to Tallahassee. I was the first one to go up there for a meeting that was cancelled, and I had the good fortune of meeting with the cabinet, part of the cabinet in Mike Davis's office. I think there's been two times now that we've been ordered up there also for the county manager and our chairperson and the county attorney, and they've been cancelled, I think, two times now. I'm not too sure on that. But we've got another trip coming up when now, Mr. Mudd? MR. MUDD: The meeting is scheduled for nine o'clock on Thursday the 12th, this week. COMMISSIONER COLETTA: And I'll be honest with you, in all good faith, we're not seeing -- we're not seeing -- I feel like we're being treated as a stepchild in the fact that the governor and his cabinet have come up with some trumped up charges to try to use as a bargaining tool to whittle us down in a way of a memo I sent to Mr. Mudd inquiring about the Miccosukee Indian Tribe taking possession of the roads in the Picayune, for one, and then also, too, Jesse Hardy's property who you were one of the co-conspirators on, I might add. MS. MAC'KIE: Yes, I was. COMMISSIONER COLETTA: And that sounds like, at this particular juncture -- and I'm very, very disappointed that the governor and his cabinet are following this particular line of attack in the fact that they're trying to come up with a couple of two or three different items to be able to attack Collier County on, with the idea that we're going to roll over and play dead and give them the roads. MR. PERKINS: Hear, hear. (Applause.) COMMISSIONER COLETTA: If anything, it's unresolved. It's become stronger and stronger by the moment not to give up anything. Page 85 June 1 O, 2003 And I might remind you, too, that those prescriptive easements that we have on Miller Boulevard, that we have in suspended animation at this point in time, as far as the lawsuit goes, that I think possibly we might want to reconsider that, go back and bring out the lawsuit and ask for a four-lane highway to be put through the whole of Miller Boulevard. MR. PERKINS: Hear, hear. (Applause.) COMMISSIONER COLETTA: I don't -- I don't want to sound like we're playing hardball, but I'll tell you right now, the first couple of curves that were sent our way were less than polite, if I might say so. And now that we've set the stage for where we're going, let's hear what the benefits are. MS. MAC'KIE: And-- CHAIRMAN HENNING: Well, Commissioner -- let me just correct, Pam, one thing, the governor and the cabinet are not requesting. It is the staff that's making the recommendations to the governor and the cabinet, okay? So Mr. Stats (sic), I want to get that correct. MS. MAC'KIE: And I'd like to add to that, if I may, because the follow-up I'd like to make to Commissioner Coletta's comments is, I can understand how you would come to some of those conclusions. Having sat where you're sitting and having tried to deal with the state on the southern Golden Gate acquisitions, for example, and feeling miscommunicated with and not communicated with and treated like a stepchild. I understand that feeling. But I'm here to tell you that the upper, senior level people at the state, including the governor and the cabinet and their senior advisors, are not playing a game with Collier County. They are not. From their perspective, they are as separated from this scenario as you feel in some ways, in that they're sitting there, they're getting advice, they hear these odd things about a fish farm and giving roads Page 86 June 1 O, 2003 away to the Indians to keep the state from getting them. I mean, it's like a game of gossip. I know you never said that. But it's like a game of gossip, that -- and the road is long between here and Tallahassee, and it gets told 14 times by the time it gets there, both ways, north and south, communications get mixed up. That's why I'm here. COMMISSIONER COLETTA: Yeah. Para, all due respect. I was in Tallahassee. I did meet with members of the cabinet. They said they understood exactly what we were talking about, but they still needed us to appear before the governor to be able to make the same statements over again. I mean, this -- the message was clear. Also they told me from that meeting, that I would have members of forestry come and give me a detailed explanation of what was intended as far as the closing of the roads, as far as access goes, and that I'd be one of the players in this and I'd be able to go back and tell the people that I represent -- mind you, the commission is the first line of defense for these people. MS. MAC'KIE: Yeah. COMMISSIONER COLETTA: They don't come to you. They come to me. MS. MAC'KIE: I do know. COMMISSIONER COLETTA: And when they come to me, I have to give them answers. Well, forestry isn't cooperating. That's the reason why the Miccosukee Indian Tribe memo accidently got leaked. The only trouble is, forestry still chose to ignore it, but the governor picked up on it. That's where we are. I still don't have much confidence in this process as it's going forward. Maybe when they get to Tallahassee there'll be a different picture painted, we'll put these three things aside that they brought up, and there won't be an item that's for any consideration at all. They have no meaning upon what we're going to be discussing, and then get down to the real discussion, what's going to take place. Page 87 June 1 O, 2003 But I, for one, am going to hold firm. I mean, we can talk all about benefits, but when the Collier County residents have put in tremendous amounts of money over the years to maintain these roads, not to mention the rights that they've had out there, the access rights, and just walk away from that and say, okay, we'll start over new and see what's going to happen here, I for one, am going to have a hard time accepting it. But I am going to wait until we come back -- they come back from Tallahassee and make their report. MS. MAC'KIE: I understand and I respect your position, I understand that. And there are people here from Division of Forestry today that can answer some questions. I do have people who can show you the maps of what roads are going to remain open post restoration. I am prepared to show you that today so you can get as many answers as possible to your questions today, and hopefully we, at least in this room, can focus on the question on the table for Collier County, because frankly, it isn't, will the restoration project go forward, it isn't, will there be restoration of southern Golden Gate Estates. That's a state and federal process that is going on that happens whether Collier County county commissioners think it's a good idea or not. What we're here to talk about today is, and what I hope we can stay focused on, is should the county be compensated for its interest in those 287 miles of roads, if so, to what extent and what way. And one of the ways is through the project benefits that are significant, and I will call on Janet -- no, I won't either. CHAIRMAN HENNING: If I could just interrupt you one more time, and I think it's only fair to go to Ms. Starnes. Commissioner Coyle has a question -- MS. MAC'KIE: Oh, please. CHAIRMAN HENNING: -- or statement. COMMISSIONER COYLE: Yeah. I just would like to say, I Page 88 June 10, 2003 agree with your last statement, Pam. I think we need to get on and see if we can't resolve some of these problems. I believe that this problem started out by a serious failure of communication between DEP and Collier County, and thankfully you're here now and you're doing a lot to resolve that problem. So I'm anxious to proceed. I believe that the governor and his cabinet have been reasonable and are looking for a reasonable solution to this issue. But there was a major failure between his department of DEP and Collier County in addressing the needs for this acquisition program, and I would like to get them resolved. And I think your approach is a good one, and I'm willing to put all that other stuff aside and let's get down to business and see if we can't resolve this issue. MS. MAC'KIE: Thank you, thank you. Madam Chair, may I call on Ms. Statues? COMMISSIONER FIALA: Certainly. MS. STARNES: Good morning, Commissioners. I'm just going to real quickly kind of go through what we anticipate the benefits of a restored southern Golden Gate Estates to be. First of all, the primary purpose of the project and the intent of the project is to restore the overland flow of surface waters within southern Golden Gate Estates. Currently because of the canals, that system is very drained. It's much dryer than it was historically prior to those canals being put in. So our goal is to backfill those canals and re-establish that overland flow within the southern Golden Gate Estates area itself. What that will do is change the current vegetation back to what was the historical vegetation, which consists much more of wetland type vegetation. It will put it back more to a swamp type area in major portions of the estates, the southern Golden Gate Estates. In addition to that, we will be reducing -- the point source Page 89 June 1 O, 2003 discharge to Faka Union Canal and Faka Union Bay will be dramatically reduced. We anticipate that we will actually get about 90 percent reduction in the point source discharge in the Faka Union Bay. What does that mean to the Ten Thousand Islands and the estuarine systems? What that means is we will have a salinity freshwater mix that is much more typical of a healthy estuarine system rather than a system that's being adversely impacted by freshwater flow. That will allow the seagrass beds to come back in, that will allow the fishery habitat to be re-established and come back in. You know, as all are well aware, Ten Thousand Islands is a primary fishery habitat, not only locally, but it has an incredible impact on the Gulf of Mexico as well as the Keys and Southern Atlantic itself. So that's a big piece, re-establishing that habitat area where fish -- because fish migrate back and lay their eggs and their young are produced there in the Ten Thousand Island area, so that's a big important part. And a third component is we will actually improve the ground water conditions within the area of southern Golden Gate Estates, including northern Golden Gate Estates. And by bringing those ground water levels so that they are retained at a higher level for a longer duration during dry season, it will have a positive impact on the Collier County well fields, and that those well fields will be longer able to pump without a drawdown as soon. It's not going to increase the amount of water available. It just means that there won't be -- you'll have a longer duration where you're having -- and a smaller drawdown impact within that well field that is close to the -- that's within the Golden Gate Estates area. So by elevating that ground water, we get a positive effect on the potable supply in Collier County. I mean, those are really the three key pieces that we're trying to Page 90 June 1 O, 2003 do. Now, there's lots of other details and there's lots of, you know, different kinds of habitat issues. In addition to establishing -- by re-establishing the wetland systems, we are also actually increasing the habitat extent for such critters as the panthers, red-cockades, a lot of the endangered species that are -- that are in the area, and Collier County is rich with endangered species. And so it actually will restore back that habitat area. So we're actually getting a more bang for our buck, so to speak, in that we're not only putting back the wetland systems, but we're re-establishing habitat as well for the critters. MS. MAC'KIE: If I may just ask Janet some questions I would have if I were you. Sort of, besides that, we all love bugs and bunnies, you know. So what? What is in this for Collier County economically? What about their fisheries or their water supply or, you know, what does this do for Collier County, generally? MS. STARNES: In terms of water supply, I already pointed out, we're actually, by increasing the duration, you'll have a longer duration of higher ground water levels that affect your well fields, so that's a good thing. You have less drawdown in terms of impacting the aquifer system from which you withdraw your water, so that's a very positive thing, and it helps assure that you have -- those well fields will be retained as good, solid sources for potable supply into the future. In terms of re-establishing the estuarine system, there's very -- there's been a very strong negative impact on the estuarine systems in terms of fishing, recreational activities, not just in the Faka Union Bay. And there's more to it than that. It's across the Ten Thousand Islands. And the water management district has other projects that will be improving and affecting those flows as well, such things as the Tamiami Trail project, which helps to re-establish the flows from the north to the south of the Trail, which will also affect-- you know, Page 91 June 10, 2003 improve the Ten Thousand Islands. But just re-establishing that -- that estuarine system, you'll have -- you'll have recreational benefits in the future, you will continue to have fishery effects in the future, economic -- economic gains in terms of that. In terms of the estates themselves, you create a very nice recreational opportunity in terms of re-establishing Old Florida. Currently, the habitat that is out there is going to get dryer and dryer, and you're going to get more and more pine tree, and pine tree is not the typical habitat for that area. So you'll bring -- you'll be able to bring in the recreational folks that come in now to see things, like Corkscrew Swamp and Ten Thousand Islands and the Everglades. They'll come to Collier County because that natural habitat will be re-established. Yes? COMMISSIONER HALAS: Also with the re-establishment of the south Golden Gate Estates, and you're saying we're going to basically create a sheetflow from the north, so are we looking also that this is going to act as a filtering system for all the agricultural runoff, and before it gets down into the southern part of the -- of the county and flows out into the Gulf?. MS. STARNES: Absolutely. That's one of the key pieces of-- and that's one of the really nice things about Mother Nature, is when you allow Mother Nature to work the way she intends it to work, with that overlay and flow, you get all of your nutrient dropouts, you get your particle dropout. And the system will naturally treat itself so that you have actually cleaner water entering the Ten Thousand Island area. COMMISSIONER HALAS: Okay. MS. STARNES: And the publicly-owned land that's already south of the Trail than you currently have today through point source. COMMISSIONER HALAS: Are you going to provide an area Page 92 June 10, 2003 for recreation in that area? Presently I think there's -- what do they call that, Lucky Lake or something of that nature? COMMISSIONER COLETTA: Prairie Lake. COMMISSIONER HALAS: Bad Luck? COMMISSIONER COLETTA: Bad Luck Prairie. COMMISSIONER HALAS: Bad Luck Prairie. Are we going to afford recreational aspects down in that area? Is that going to be possible through this plan? MS. STARNES: And let me explain how this will work. Yes, there will be recreational opportunity in southern Golden Gate Estates. There's two agencies here that are involved. The water management district is in charge of and will oversee the restoration project. COMMISSIONER HALAS: Okay. MS. STARNES: In addition to that, the Division of Forestry is actually the official manager of the land for the State of Florida, because the properties are owned by the DEP, by the State of Florida, the governor and cabinet, not by the water management district. The Division of Forestry is the official manager of the Picayune Strand State Forest. Immediately -- as soon as we choose a final plan for restoration, the Division of Forestry will go forward with revising their management plan. It will be another public process where everyone in the county will have a say as to how that system will be managed. And recreational opportunity is definitely something that will be included in that plan. But I can't -- I can't speak to what specific areas or what specific types of recreation at this point. COMMISSIONER HALAS: Well, I hope that someplace in the plan we can put into the plan, set aside an area that's presently being used by people that go out there on weekends and mud bog or whatever, and hopefully that -- those capabilities will remain intact, and we won't expand the area, but leave the area that they're Page 93 June 10, 2003 presently mud bogging in, and hopefully we can put that as a source of recreation, set that aside, if possible. MS. STARNES: And Division of Forestry representatives are here today, and I do know that they've heard from many of the Collier County residents that that's a very strong interest, and I'm sure that's being looked at. CHAIRMAN HENNING: Commissioner Coletta? MS. MAC'KIE: I'm sorry. COMMISSIONER COLETTA: Go ahead. MS. MAC'KIE: I was just going to say, you know, that we share the desire for publicly-owned property to be available for its owners to use it, and we are advocates for that at the water management district under our new -- relatively new director, Hendry Dean. I mean, this is absolutely a strong incentive. They call it resource-based recreation. And what that really means is, if we bought this land with a pile of money that we got from the federal government that said you can buy this land to restore it to its natural conditions, then we recreate on it so long as we don't violate the purpose for which we got the money from Congress. COMMISSIONER HALAS: Right. MS. MAC'KIE: So, I mean, that's the balance that you constantly have to be trying to do between allowing adequate and appropriate -- the fullest amount of recreation possible without violating the purpose for which you got the money from the feds. CHAIRMAN HENNING: Okay. Commissioner Coletta? COMMISSIONER COLETTA: I was going to say that I appreciate the fact we recognize that it's public land and it belongs to the public -- MS. MAC'KIE: Yes. COMMISSIONER COLETTA: -- unlike my recent trip, which I won't get into, where a manager of a piece of public land referred to Page 94 June 1 O, 2003 it as his property, but I corrected him and we're friends again. But I want to -- I want to mention that thing about public access, that's going to be a very big issue. And see, there's been bad faith on the part of the state and forestry as far as coming forward at an early date just to talk to us and give us some background. I'd like to know what the future plans are from forestry as far as the ATV use. It's obvious that if they're going to restore sheetflow, the place that's going to be flooded on a continuous basis is going to be Bad Luck Prairie. I don't know how that can be avoided. I mean, if it dries out one month a year, it would be a miracle. So obviously there's going to have to be some sort of recreational land someplace close by, if not on the Picayune itself. I want to know what that is, and I have never got an answer to that question. MS. MAC'KIE: And let's at least start with the information that we have, that we know for sure, and that is this map that I've put on the overhead. I can't see it very well. Is there a way to zoom in a little bit -- MR. MUDD: Sure. MS. MAC'KIE: -- so you could see that better? Because what you can see with the color codes here on this map CHAIRMAN HENNING: Want my glasses? MS. MAC'KIE: No. I'll fake it. MR. MUDD: I'll give you another copy. MS. MAC'KIE: Oh, good. That's what I needed. MR. MUDD: And I'll point. MS. MAC'KIE: Thank you. Is you can -- there's red and blue on here. The red are primary roads that will be retained, will be open post restoration. These red roads that are 1st and 52 -- 52nd Avenue, Stewart, Everglades, this portion of Miller, portion -- Union Road, these roads that are red will always, always remain. These are going Page 95 June 10, 2003 to be open. They're going to be passable roads. They're not going to be underwater roads even in the wet season. MR. MUDD: Last season. MS. MAC'KIE: The blue -- the blue roads are secondary roads that, at dry season, will be at grade, but in the wet season will be under water and will even be constructed to allow water to flow over them. You know, we'll scrape down parts of it so the water can pass through. But if you're interested to know, where will there be access -- and the reason for these over here is that there are residents here, you know, that use this as their access way, and that will continue to be available, because nobody suggests that you can cut people off. You can't. In the discussion that I hope we are going to have about Jane Scenic Drive, when I was on the county commission, we held on to our interest in Jane Scenic Drive because we felt a duty to protect access until the last person, you know, left there. What I hope to propose to you today is that Jane Scenic Drive, when the last person has access -- when nobody needs access to right here anymore, the county will no longer have an interest in Jane Scenic Drive or a need to continue to own it, to protect that. So that's the reason why I'm going to -- that would be the condition under which I would ask that Jane Scenic Drive be included in this discussion. But there at least is the discussion of where there -- or the answer to the question about what roads will be open, what roads will be passable, what roads will be passable only in dry season. And the one other thing that I -- that I wanted to point out is, when I was county commissioner, I served as a member of the governor's commission for Sustainable South Florida, and that was sort of the mother of CERP, you know, the mother of the Comprehensive Everglades Restoration Project where -- where the Page 96 June 10, 2003 governor said, go and figure out if South Florida will sustain itself if we continue on our present path. And sometimes in Collier County we look at these restoration projects as, you know, sort of a nice idea, won't it be sweet that we can have this restored acreage and it will be pretty and it will be Florida, and it will be nice, but the reality -- the reality is that the restoration of the Everglades is not just nice. South Florida, including the west coast of Florida, is not sustainable absent restoration. We cannot continue on the present path. We have to do things to recharge our aquifers. We have to take action to allow this community to be sustainable into the future. And this is Collier County's primary contribution to that effort, so -- CHAIRMAN HENNING: Ms. Mac'Kie. MS. MAC'KIE: -- the question -- I'm sorry? CHAIRMAN HENNING: If I must say, you're aware that we're pulling more and more out of a dedicated water source called -- MS. MAC'KIE: Yes, sir. CHAIRMAN HENNING: -- the Lower Hawthorne? MS. MAC'KIE: Yes. CHAIRMAN HENNING: And the recharge areas, we're talking about the Tamiami aquifer. MS. MAC'KIE: And a couple -- there's another well field. Sand -- CHAIRMAN HENNING: Sandstone. MS. MAC'KIE: So it permeates. CHAIRMAN HENNING: Right. And to take that pressure off the Tamiami aquifer and provide more water for the environment and the citizens in Golden Gate Estates. I have a question for Ms. Starnes, and I want to thank you for being here, and Ms. Mac'Kie. Is this a part of the Everglades restoration? MS. STARNES: Yes, it is. It's part of the comprehensive Page 97 June 1 O, 2003 Everglades restoration plan that Congress approved. CHAIRMAN HENNING: So this is -- the money is coming from the feds and the state? MS. STARNES: It's 50 percent federal and 50 percent water management district, yes, sir. CHAIRMAN HENNING: Okay. So part of the money for the restoration of the Everglades is coming from Collier County? MS. STARNES: You bet, correct. CHAIRMAN HENNING: Is that not an adequate donation to support this restoration, or do we have to give more? MS. MAC'KIE: That's your policy decision to make. In other counties -- in every other county that we have needed land, that land -- I have had a partnership in the actual purchase of land in Martin County. They paid half, I paid half, you know. So in other counties MR. PERK1NS: You paid half2. We paid half. MS. MAC'KIE: I'm sorry. CHAIRMAN HENNING: That's all right. MS. MAC'KIE: I on behalf of the water management district. UNIDENTIFIED SPEAKER: Can I say -- can I say something? CHAIRMAN HENNING: No, ma'am. We will -- in a minute, we'll take public speakers. So if I can ask the public to be patient, and let's get through this process. MS. MAC'KIE: But, Commissioner, your point is valid that Collier County is not getting a gift here. Collier County taxpayers are paying federal, state, and local taxes, all of which are going toward this program. Absolutely, we are all paying. CHAIRMAN HENNING: And how about if I give you a real good deal and give you a discount on 30 cents on the dollar? That's what we're asking for. And by the way, state employees, you own those mitigation credits. It's not something you have to buy. You give those -- you sell those to the counties and you say, this is what Page 98 June 10, 2003 it's going to cost you for those mitigations, above and beyond what the state requires. MS. MAC'KIE: Kind of. And let's talk about that, because I -- CHAIRMAN HENNING: Okay. MS. MAC'KIE: Because what-- COMMISSIONER HALAS: Can I ask -- MS. MAC'KIE: I have met with some of you privately and talked to your manager and your attorney about, is this possibility of the concurrency by which Collier County gets compensated would be some form of credit for mitigation for its future road construction and other construction projects, that idea being, if you impact an acre of wet prairie, you have to mitigate -- I don't know the ratio -- but let's say it's three acres of wet prairie, or if you impact an acre of mangroves, you have to buy somewhere 20 acres of mangroves and donate it to the state to offset it. That's what the mitigation concept is. So we have looked at those 2,300 acres of land that are, you know, spread out over this -- over this project to try to determine what's the value, what is the economic value of that land, and could you take that land, put it on the market, sell it. If-- let's say it's a thousand dollars, just to keep the math easy, because I promise I know it's not, but, you know, less zeros are easier. If the value of the land is a thousand dollars, is there somebody who would pay you a thousand dollars for that land, and if so, then you could take that thousand dollars and go to the Panther Island mitigation bank and buy a mitig -- a credit that you could use later as a -- to offset a road impact. That is a potential concurrency that we could evaluate here as a method by which the state could compensate the county. Another concurrency that I think is more what you're talking about, Commissioner Henning, is if you look at the resource value of those lands. Again, we're thinking about these strips of land that are Page 99 June 10, 2003 roads, some have asphalt, some have bridges. If-- if you came to the water management district and said, I'd like a permit for a road, I'm going to impact an acre of wet prairie, and if the water management said, okay, but you've got to give me three acres of wet prairie to offset that impact, if that were the way it works, then we could go look at your strips of land and say, how much of that totals up to three acres of wet prairie and check that off, that you have spent that now in the process of permitting, and that is your bank. And I think that's the concept that you-all are considering. It's gotten kind of confused because they're two different things here, and in the agreement draft that we have -- and we've just been trying to work on an agreement. It's not like there is, you know, a hard and fast piece of paper yet. But in the draft that we have, the approach that was taken is, okay, if this is 2,300 acres of land and the land is worth 2 or 3,000 or $4,000 an acre and the asphalt is worth this and the bridges are worth this, and let's add it all up -- and that's worth $ ! 7 and a half million-- and asking for some source of money besides the Big Cypress Basin -- which there isn't a source of money besides the Big Cypress Basin -- to pay for -- to buy mitigation credits equal to $17 and a half million. That's -- that is, I would suggest, radical, and I don't know if anybody would agree to that. What might be possible -- and I have Bob Howard here to talk about the mitigation process -- is, if instead, what we looked at is you have 2,300 acres of land, if a thousand acres is wet prairie and you need an acre of wet prairie to give to the district in exchange for your impacts on a road of wet prairie that we would say, okay, check, you've already given it to us in the southern Golden Gate project. If that's what we're talking about, I think this is a workable solution. And that has a real value to Collier County, because otherwise you have to go and buy it. So do you want to hear more about how the -- how the process Page 1 O0 June 10, 2003 works on mitigation credits and how we would establish them, or -- where should we go from here? That's basically -- what I have to bring today is the possibility of the county getting acre for acre credit to land it contributes, that you would get credit for that land in your future mitigation needs. CHAIRMAN HENNING: I -- from my perspective, I think you need to work that out with our staff for that. But Commissioner Halas had a question or a comment. COMMISSIONER HALAS: Yeah. You were saying that Jane Way (sic) Drive is going to dead-end. Does that mean that we're no longer going to be able to access that area by automobile? MS. MAC'KIE: I would need -- well, I'm sorry. Janet, help me, because I don't know. The answer you can, but -- MS. STARNES: The current intent, and it's always been the intent, Jane Scenic's (sic) Drive will always be open for daytime access. It's currently open for daytime access. Even once this project is restored, the Jane Scenic Drive and its connection into Stewart and Everglades will still be maintained as open during daylight hours. That-- I mean, that gives you the access to that land so you can enjoy it, recreationally or otherwise. COMMISSIONER HALAS: Okay. MS. STARNES: So, yes, Jane Scenic Drive will be retained open. COMMISSIONER HALAS: Now, will you be able to navigate that road by car, or will you need an SUV to get through there? MS. STARNES: You'll be able to navigate it by car. COMMISSIONER HALAS: Okay. In other words, it's going to be -- the grade is going to be brought up to a certain standard, because it -- presently it floods now even. MS. STARNES: Oh, you mean in terms of Jane Scenic itself?. COMMISSIONER HALAS: Jane Scenic. MS. STARNES: No. During wet season, Jane Scenic will still Page 101 June 1 O, 2003 be wet. We are not going to increase any elevations on any of the roads. COMMISSIONER HALAS: So that's -- MS. STARNES: So during wet season-- COMMISSIONER HALAS: -- going to be impassable then in wet season? MS. STARNES: During wet season, it will still be wet, just as it is today, yes. COMMISSIONER HALAS: All right. CHAIRMAN HENNING: Okay. We've got two dozen public speakers. Is it an appropriate time to go to our speakers? Actually, we have 10, 127 MS. FILSON: Eleven. CHAIRMAN HENNING: Eleven. If we can keep it to three minutes, we would appreciate your input. So please call up the first speaker. MS. FILSON: The first speaker is Mrs. Sara Spencer. She will be followed by A1 Perkins. MS. SPENCER: Good morning. I'm Sara Spencer. I've lived in Collier County since 1958, and I've seen many things change in that length of time, some good, some not. I saw -- Ms. McKenzie (sic) says that the compensation is more valuable than the road easements. What about, are the people's rights less valuable than the road easements? These people have gotten -- bought land, not necessarily in the estates, but they got permits from the county to build their homes and do -- live the way they wanted to live. And they got permits from the county for access to those lands outside of Golden Gate through the Golden Gate roads. They obtained permits for that. In all good faith, these people believed in their government and the word that they would be able to obtain their homes for-- and hand them down to their children. And I don't believe that human Page 102 June 10, 2003 rights are less valuable. Thank you. MS. FILSON: The next speaker is A1 Perkins, and he will be followed by Brian McMahon. MR. PERKINS: I was going to ask for another five minutes on top, because this is too damn important to skim off the top. Ladies and gentlemen, people at home, pay attention. I want to talk about death and killing. And also good morning, servants of the public. Out in the estates and in Golden Gate Estates, south of the alley, Mrs. Spencer's husband was killed out there this past year because the response time was 22 minutes by helicopter because they couldn't get through the evacuation route of Miller Boulevard Extension. What's the matter with you people? The South Florida Water Management is the biggest bunch of liars going, and I can prove it because I've been to the meetings, all of the meetings. I videotaped them. You people weren't here. You didn't go to the meetings. Half of you people have not been in this county. I've almost been in this county, like dirt, been here that long. East Naples, if they take and fill that up full of water, East Naples is going under water, and I hope you guys enjoy the mosquitos, the rodents, the snakes, because they're going to go to high ground. They cannot swim forever. The tidal surge is going to be ridiculous coming out of the east and then out of the west when we get a hurricane. Now, you talk about Jeb Bush. I don't see him doing anything about the lottery as far as funding the doggone schools, yet we've got money to take and put ASR wells down, 300 of them, and the roads and the power and the maintenance, the pumps, and everything else out in the Everglades. Is this to take and supply water to Dade County? By the way, Mr. Spencer was a veteran of two wars, and he got killed out there. Page 103 June 1 O, 2003 The Big Cypress Basin Board, South Florida Water Management, has been falsifying their records by (sic) years. They do not have a stenographer. They take it audio, and then they decide what they want to put in and what they don't want to put in. They manipulate the minutes, and so does the Rookery Bay, and I can document that. I don't come here to be nice. If you look on this publication I gave you, if you look, the third line up, this is Division of Forestry. Okay? Camping allowed, horseback riding allowed, fishing allowed, recreational access allowed. COMMISSIONER FIALA: Thank you. Mr. Perkins -- MR. PERKINS: And also at that point, if they get hurt, what are you going to do about it, because it's on a -- getting hurt on a road that you can't get to. When you talk about camping and when you talk about hiking, these people are going to go out there to enjoy. And don't forget, they're paying for this -- COMMISSIONER FIALA: Mr. Perkins -- MR. PERKINS: I hear you. I heard you the first time, and I don't mean to be disrespectful, but when you take and put in effect giving away the roads, the Marco Island people and Goodland people are the ones that are going to end up dead floating in the canals. They're your responsibility, and why don't you stand up to it? COMMISSIONER FIALA: Next speaker, please. MS. FILSON: The next speaker is Brian McMahon, and he will be followed by Mike Sorrell. Brian McMahon? COMMISSIONER FIALA: And would Mike Sorrell please come up front here so that he can step up after this speaker. MR. McMAHON: Good afternoon. My name is Brian McMahon. I am on the State Division of Forestry's Off-Highway Vehicle Advisory Board. I can assure you, there is no plan to allow ATVs or off-road vehicles in the Picayune Strand Forest after the restoration. Make no Page 104 June 1 O, 2003 mistake about it. I don't care what they say. I have talked to Earl Peterson. The U.S. Fish and Wildlife Service which lent the State of Florida $25 million to purchase the land out there will not allow that activity. There's some other questions about the southern Golden Gate project. I hear a lot of talk about panthers, I hear a lot of talk about woodpeckers, and this is good, but there's no talk about people down here. MR. PERKINS: You're right. MR. McMAHON: No talk whatsoever. You know, there was 800 people who gathered on a hot June afternoon last year to show the Division of Forestry that we wanted access to this land. We didn't offer refreshments, we didn't even have any cover. But they stood out there in that hot sun to prove a point to forestry. I believe they have forgot that this happened. Another part of the people plan is, when they talk about raising the water table. Right now we're looking at a FEMA map that says everything north of 1-75, perfectly in line with southern Golden Gate, is now going to be considered a high flood area. MR. PERKINS: Hear, hear. MR. McMAHON: Okay? This is going to cost the average resident roughly 2,000. I don't know if the math is there to prove it or not to prove it, but if you look at that map, it definitely bears looking at. Before we turn over any roads, we need to see a recreation plan, we need to know what access is going to be allowed, and we need to know how this is going to affect northern Golden Gate. It's the only bargaining chip we have as the county is these roads. Once you turn them over, they aren't even going to return your phone calls. That's all I have to say. Thank you. (Applause.) MS. FILSON: The next speaker-- Page 105 June 10,2003 CHAIRMAN HENNING: That's fine. MS. FILSON: -- is Mike Sorrell. He will be followed by Frank Denninger. CHAIRMAN HENNING: Ms. Mac'Kie, the gentleman wants to use the podium right there. MS. MAC'KIE: I was just writing a note. I'm sorry. MR. SORRELL: That's all right. Hi. For the record, I'm Mike Sorrell. I'm the president of Florida Outdoor Alliance. We have a -- we're a relatively new organization. We have 400 members plus at this point. I'm here speaking on (sic) everybody that's concerned about this area. As Brian had mentioned about the lack of access, at one time there was 55,000 acres in this area that was deemed to be the largest recreational area in Southwest Florida. Guess what? There's 21 campsites. It's a joke. They go alongside a canal that they're allowed five people per campsite, according to Division of Forestry rules. Myself and another gentleman in the audience went out about two months ago, it was in February, we counted 2,500 people; 2,500 people as we drove up and down all these dirt roads. We went out to Bad Luck Prairie. Where are you going to put those people? Our club outing, our annual event, was -- about 147 people came over two days. That puts us over the 21 times five allowable in their campground. They have you boxed in, no shade. There's picnic tables. I'm not knocking all the Division of Forestry, but it's a pretty poor excuse for access. As far as the roads go, there's other ways to get -- not to stand in the way of CERP, which is the Comprehensive Everglades Restoration Project, maintain your policing authority on the roads, maintain your ownership, and allow them to take them out at grade. I don't see any reason why we don't have yet a designated trail system here as well that would also coincide with the CARL (sic) money that was given to fund this project -- would give the people of Page 106 June 1 O, 2003 Collier County, Dade County, all the way from Tampa down, someplace to go, because if you take this from us, we're going to have nowhere. This area here Brian mentioned -- I live right up here right off Wilson Boulevard. As of October 15th, I'm going to be in a flood zone. Maybe you don't understand the difference of how this flood area here ties in. Well, here's the boundary for the flood zone. It's a straight line. Hellen Keller can see that what they're trying to do out here with stacking this water up is going to flood me. It's going to cost me $300 a month to insure my home the first level only. I own two homes. One is outside the flood zone. It's four feet, according to my GPS, lower than what I own here on Wilson Boulevard. I bought one of the highest points on Wilson Boulevard. Why do I need flood insurance? I think it all ties into this. Maybe you don't agree with me in all these points, but do not give up the roads without considering the fact that we have to have access. Unless it's written in stone with terms like perpetuity and guarantees that we will have access, do not give up the Collier County roads that my parents have paid taxes on, that I continue to pay taxes on. Thank you very much. CHAIRMAN HENNING: Thank you. (Applause.) MS. FILSON: The next speaker is Frank Denninger, and he will be followed by Mary Billie. MR. DENNINGER: Hi. How you-all doing today? It's not exactly a pleasure to be here, but it's good to live in a country you've got the opportunity to be here. I've heard some mention today that caught my attention. I don't know if it was Mrs. Starnes or Mac'Kie, but they mentioned that they're going to have -- for sure going to have recreation there, and traditional type recreation. And then mention was made of Page 107 June 10, 2003 Corkscrew Swamp Sanctuary. Well, that's a good type of recreation, walking down a boardwalk and enjoying yourself watching nature. But the traditional recreation here, in these areas, the swamps full of mosquitos that nobody on earth ever wanted to see before they were marketed as a great big thing to treasure -- okay, and I mean marketed like Wall Street, okay, the equal to it -- the real traditional recreation out in that area and other areas like it in South Florida is airboating, swamp buggies, hunting, fishing, hiking, some canoeing, and while you're out doing those activities, you do watch birds and enjoy everything else that's going on. And I feel that those activities are totally at risk if these roads and the access they provide of this public access road network is given away, due to the fact that while Division of Forestry is a good, well-liked state agency, they're ruled over there by something else that that $25 million Fish and Wildlife Service donation gave. I was told by a regional director out there, U.S. Fish and Wildlife Service has something to say out there. And why they got something to say -- and I believe they get listened to real well by DOF, is that a cooperative agreement that DOF was entered into years ago with U.S. Fish and Wildlife Service for funding, financial assistance for-- to help protect endangered species, and this agreement is a tool to help the implementation of the endangered species act within a sovereign state. I believe they are not going to want to go against anything U.S. Fish and Wildlife Service or even hints to out there because it could potentially cost the funding source for research, job positions, et cetera. And I would -- think listen very carefully. This is not a joke. I have a copy of the agreement I can make available if there's any doubt about it. It's still in effect. In fact, when the state sent me a copy of the agreement, a letter commenting on the grant that can be sent down after you sign the Page 108 'June 10, 2003 document was attached to the stuff I got. So if that ain't a little arm twisting for bucks, I don't know what is. And just please, you know, really do your best to withstand the extreme pressures, which I know you-all are under. And I respect you, and I appreciate you for being a real good county commission. Thank you. (Applause.) CHAIRMAN HENNING: Thank you. MS. FILSON: The next speaker is Mary Billie. She will be followed by Wayne Jenkins. MS. BILLIE: I can't walk. If I get there. I used to be Mary Larkin, but I go back to my religer (phonetic) name now -- Mary Billie now. So I'm going back to normal, I hope. This lady they talking about, okay, here is what's going on. Okay? I'm pretty sure they've been talking to James and Billy Cypress, okay? You know-- you know what I'm talking about, I'll bet ya. Anyway, they trying to do a lot of things, to mess it up, so bad, Everglades City now. Even here, county, same thing, make them scramble, Everglades City scramble, and trail people, Seminole, the whole deal, scramble right now, the whole package, and I don't like it. I've been praying for everybody in this earth, okay? They trying to kick me out. They've been saying 2005, I believe, only two years, okay? They using me, my family, trying to get the wrap -- the whole thing to trial, trying to get me out. They got tough time all those years, especially James, they trying to kick me out long time. Now, he's out determined now, he ain't nobody now. So they flipped over on this side, Miccosukee, okay? They digging the money right now he needed desperately, and both of them together screws everybody this south, and I don't like that. They trying to kill me, long time. Almost got killed Sunday. Page 109 June 1 O, 2003 That's why I had my leg -- I still standing up. Then -- okay. They trying to wrap the whole thing. Almost 2000 now -- 2002, I could say. Okay. They've been saying five years, 2005, but I'm not -- I don't think so, only two years. They trying to kick us out soon, but I still hanging in there. Almost I didn't Sunday, but they missed me, so close, so -- but here's what's going to happen, okay? You turn up selling land over there, okay, that road's going to -- coming through there or-- either way, build an airport one way or another. It's going to happen. They talking about something else. They trying to set us up. It's up to you. I'm talking about everybody, not just to us. Okay, thank you. CHAIRMAN HENNING: Thank you, ma'am. MS. BILLIE: I appreciate that. MS. FILSON: The next speaker is Wayne Jenkins, and he will followed by Cindy Kemp. MR. JENKINS: Good afternoon, Commissioners. My name is Wayne Jenkins. I am president of the Collier Sportsman Conservation Club. We're a local organization that's primarily been formed over the years for protecting our rights for enjoyment of the outdoors in the Everglades area. I came to speak to you today very frankly. I intend to call a spade a spade, and I thought well, it is too harsh a words, but thanks to Commissioner Coletta, I think I'm tamed down. But I would like to take this opportunity to thank this commission and past commissions for the support that you have given the citizens of Collier County. This is nothing new. We have been indulged in this several years. It was through your efforts that we were able to stop the gating of Jane Scenic Drive years ago, maintaining control of the Turner River, Wagon Wheel and Burdon (sic) Roads in the Big Cypress. They're county roads that are our roads. Thank you for your support. Page 110 June 10, 2003 The attempted theft -- and I use the word theft -- of the Bums Road by the federal government, again, you prevailed. It's our property. You have been our voice, and we personally commend you, every one of you, for the job you're doing for us. We're the small person. You are our voice. When the government and cabinet request your action, what they're really saying is we -- this is what we expect you to do. I hope you have the courage, and I know you do from past actions, to say, we represent the people. We realize that this is a very difficult position it puts you in. I think the correct terminology is political blackmail; do what we're telling you or you're going to suffer appropriations. It's that simple. Money's always been the trial, the name of the game. MR. PERKINS: Hear, hear. MR. JENKINS: Please remember that you are representing the citizens of Collier County as you have done in the past. Yes, we're up for some tough negotiations. CERP, the Comprehensive Everglades Restoration Project, is much bigger than me, much bigger than you. It's going to happen, but we don't have to lose everything we have to make it happen. MR. PERKINS: Hear, hear. MR. JENKINS: You have the negotiations for access, please use them. We don't need gates out there. We need public access out there. MR. PERKINS: Hear, hear. MR. JENKINS: Continued use by the Collier County Sheriff's Department for control and patrol of these roads. They're our roads. Local emergencies, we need it handled by our local officials, not somebody that's going to fly over in a helicopter and try and figure out where you're at. These people know it. We have the gentlemen and ladies on the sheriff's department to respond, the team effort and Page 111 June 10, 2003 the training they've had serves Collier County very well. Let's don't lock them out. We're talking about changes in the hydrology out there. Yes, there's going to be changes. So let's look at appropriate uses. How about airboats if it's going to be deeper water, swamp buggies if we can't use vehicles by -- I'm talking street legal vehicles. And mitigation, yes, you're going to mitigate. Let me give you one suggestion from everything I've seen in the last 15 years in my negotiations in dealing with government, please get it in writing. This is where we have had to go back to to prove our point that we do have rights. And if you just agree to, yeah, you can have it, we've had it. · So in closing, I'd just like to say that -- Commissioner Halas asked a question of, how do you -- or can we still continue to use Bad Luck? It wasn't answered, and that's our question, how do we use it when there's no road to get there. The last thing I would urge you to do is re-read Dr. Struhs' letter. He was representing the governor and cabinet, and I believe it stated he was representing the interest of the governor and cabinet, so he was taking their position on this, and that was his mandate to tell you what they want from us. Thank you. I apologize for running over. Three minutes is hard to compensate for 50 minutes of the other part. Thank you. (Applause.) MS. FILSON: The next speaker is Cindy Kemp, and she'll be followed by Mary Stump. MS. KEMP: Hello, I'm Cindy Kemp. First of all, I'd like to say I appreciate the commissioners' dilemma of serving the interest of their constituents while, at the same time, not upsetting the state or the issue of roads for credits. And I am in agreement with Governor Bush when he says to find a way to work together; however, there are several ideas that I Page 112 June 1 O, 2003 feel you need to consider as you go forward with discussion of such an important plan. We all want and require clean water and air, and I believe the wars of the future will be water wars. So I do not reject the goal of protecting our resources but rather the methods and the plans, which I also believe to be contrived and controlling. I am also appreciative of Commissioner Henning for the questioning of Secretary Struhs' belief that this plan will solve the water supply and the restoration situation. My problem with this plan is that of giving away valuable assets and subjecting the people to every whim and dictate of the state. First question, why would the county put itself in a position of vulnerability and impotence by giving away an asset? Secretary Struhs says it's ludicrous for the county not to donate the roads. Well, I say it's ludicrous for the county to donate the roads. I am very concerned about Jesse Hardy. Question number two, what will happen to him? Question three, will he able to get to his home? Question four, is this the way we treat our citizens, let alone a veteran? Thank God there are people like Jesse who put more value in things other than money. I appreciate Commissioner Coletta's concern for retaining public access to the land. But question number five, will the Picayune go the way of so many other state and national parks of shutting out the public? Question number six, do you know what is happening in Yellowstone and Yosemite park? Thousands of people are demonstrating and protesting lack of access to that park. Question number seven, do you understand that the people do not want some little, quote, park created in lieu of the real thing to recreate in? It's like telling them, here, children, mommy and daddy bought you a new sandbox. Now go over there to play and shut up. MR. PERKINS: Hear, hear. Page 113 June 10, 2003 MS. KEMP: If Governor Bush needs to see crowds of people demonstrating out on the roads to get the message, that can happen. The property rights people are dedicated and passionate about are our rights. And as was done for Jesse Hardy with a country-wide letter writing campaign to the governor and the Sawgrass Rebellion dealing with the same issues we discuss here today, then the governor will see crowds. I appreciate your time and understanding, and I hope you consider these questions. (Applause.) MS. FILSON: The next speaker is Mary Stump. And she will be followed by Cathy Myers. CHAIRMAN HENNING: Ms. Stump, thank you for your email. MS. STUMP: Thank you. I was going to ask you if you-all got my letter from Eva Armstrong about the potential flooding. Thank you. Okay. My name is Mary Stump. The way I see this is that you've got three choices. You can either donate the roads or sell them, or you can keep them and fight. On March the 6th in Tallahassee, David Struhs -- there was an informal round table meeting -- says, David Struhs says, four years ago there was a poster. One million acres purchased over the last 10 years. During the last four years, we got 750,000 acres, 400 miles of trails, 900,000 acres of state forest, and seven new state parks, thanks to Governor Bush and his cabinet. The State of Florida has doubled the pace of land acquisitions, but we can do more. We're not satisfied. Yesterday I was told the environmental purchases under $250,000 can be bought without the consent of the cabinet, so the buying continues. I ordered a breakdown of costs of all the land the Page 114 June 10, 2003 taxpayers have purchased during the last several years. I should get that today. News press article. Okay. This is all about the Everglades restoration. It says, the restoration is trying to put back enough pieces so you can see the parts of the original picture without removing anyplace people now live. It also says, no one knows how big this restoration rebirth is. Twenty-seven agencies, every utility and municipality in South Florida, and 45 environmental groups are among the worker bees at the table of this 1 O-course meal. MR. PERKINS: Hear, hear. MS. STUMP: Will the Everglades be healthy after billions are spent? No one knows. Says so right here. This is an idea. It's a concept. There are 68 projects in the plans, but timeline, dollar, science are not, nor have the 68 projects been prioritized. The difference between the project and Boston's big dig is that this one is the size of New Jersey. Both put our grandkids in debt. Some of us belong to a nationwide networking group. The Sawgrass Rebellion was a part of it. Environmental activities, land acquisitions, and saving the endangered whatever is going on at an alarming rate all across the U.S. Their maps indicate the outcome of their efforts. That's this map here. The red zones that you see are not for human use. This is their maps. Not mine. Environmentalists have become a cancer. You can be wading healthy cells or you can become surgeons. But the people across the country are tired of being kicked around in the name of environmental support. Thank you. (Applause.) CHAIRMAN HENNING: Thank you. MS. STUMP: I have plenty more maps, if anybody wants them. I have 3,000. CHAIRMAN HENNING: I'd like a copy of it. Page 115 June 1 O, 2003 MS. FILSON: The next speaker is Cathy Myers, and she'll be followed by your final speaker, Bernie Nobel. MS. MYERS: Hi. I'm Cathy Myers. I own five acres off Sable Palm Road Extension, and I was wondering how you can donate something that you guys don't own, like the property out there. You guys don't own the property you guys are wanting to donate. Plus, the roads out there are not maintained. I had a Dodge Neon 2000. The roads shook the brains bad out of it. I can't even drive that car out there because the roads are so bad out there. And -- because I've went down there quite a few times where my husband's cross is, to put the flowers down there, and the road's not maintained. They've got big chuckholes. They're terrible. You should drive down there one day and find out how bad those roads are. And you guys promise us so much stuff out there. You know, us people live out there. You promised us that Miller Extension was going to be put through. It was never put through. You guys always are taking something away from us, like you took 1-75 away from us, the exit we used to get in and out, and now your water management people are trying to take the rest of it away from us. COMMISSIONER COLETTA: I didn't know I had ownership of all these people out there. MS. MYERS: Well -- CHAIRMAN HENNING: I didn't know that the Board of Commissioners closed off access to 1-75. MS. MYERS: Well, you guys dug it up one day when we got -- come home from work, and the next day we didn't have a road there, and that came from you guys. COMMISSIONER COLETTA: I don't think so. MS. MYERS: Check it out. Look back in your paperwork. It happened. COMMISSIONER COLETTA: They must have did it when I Page 116 June 10, 2003 wasn't here. MS. MYERS: No, you weren't. CHAIRMAN HENNING: You must have been on vacation. MS. MYERS: It happened in -- it happened in '88. MR. PERKINS: You guys weren't here. MS. MYERS: We went home one day, we had a road. The next day we didn't have a road. They dug it up. And now -- you know, your water management now are going to come out and take the rest of the roads away. COMMISSIONER COLETTA: They're your water management. We didn't elect them or pay for them. MS. MYERS: We didn't elect them either. COMMISSIONER COLETTA: Your government runs them. MS. MYERS: I didn't elect them either. COMMISSIONER COLETTA: Yeah. But it's not our water management. You know, I kind of resent the attitude you're taking that it's the commission that's doing this to you. It's not. We've been the defenders. If you check back, you'll see for many years now we've taken many actions. We even came out with a -- I remember we passed a recommendation soon after we started to pave Miller Boulevard. We wondered why we didn't get any response from the environmental communities, because we'd never be able to get the permits. They knew it. But we've been on that side all the time putting this fight up. It's not a case that we've been ignoring you. We haven't. Don't lump us in with everything else that's happened out there. MS. MYERS: I just feel like -- I feel like -- I mean, my husband got killed out there because -- and then when he died out there because he couldn't get no help out there. I mean, I got a lot of hate and anger. Page 117 June 10, 2003 COMMISSIONER COLETTA: I know, but direct it in the right directions. You know, we've been here fighting the fight for a long time. This isn't over yet. MS. MYERS: I hope not. I just hope you guys don't give up all our rights. Thank you. (Applause.) MS. FILSON: The final speaker is Bernie Nobel. MR. NOBEL: My name is Bernie Nobel, and I own property on 124 Miller, at the end of the road. And I'm also -- the map shows the part of the property. It really isn't too clear, but it shows the property of ours and Vince Storks'. And we're sitting there with a situation where we will -- will not be able to leave the property or go to the property if the roads are all taken out. They were just -- they're coming to the point, wondering about what the roadway's going to be, and it seems this is the only way we find out anything. Communication in between the state and the organizations or the different groups don't give you any information. You're a property owner, and then they want to come around and run around you. So that's one thing I've got. And then also, what's the time frame on this here? Are they talking six years from now, 10 years from now, or are they going to do it tomorrow? Because I've got literature at home and maps at home that there was going to be a -- pump stations put in on Stewart and 100th in 1994 and '95. The pumps were going to go in that year. I got the literature at home of that. I should have brought it along, but I didn't think of it at the time, and those pumps never got in. And if that's what's going to be, they're going to tell us they're going to do this, and here we're talking 10 years down the road over something, well, there's no time frames ever come up with this stuff. And you never have anything that they went and followed through with it. If they followed through with it, it would be a different story, too, you'd know where you're at. Now you don't Page 118 June 10, 2003 know where you're at on the property. And then the part there of the roads, what type of roads are they going to put in? I mean, they talk about they're going to put in good roads, but I heard -- I got stuff at home that also shows that the roads that were going in were gravel, going to put in gravel roads. Well, there was going to be eight miles to our property of gravel roads. Our emergency vehicles aren't going to be coming in on that situation either, so it just-- and then you take the Big Cypress, that's closed now. You can't even -- recreation. You can't even use it. It's all closed. Everything's closed in the Big Cypress now, which, I mean, was notified in the papers, just a short -- now, what's going to happen there, the same thing over there? Are they going to just go ahead and say, oh, yes, you can use it all you want, recreation, and then the next week, all of a sudden, no, you can't use it. So it's just -- things there that I'd like to have considered and see what can be developed. Thank you. CHAIRMAN HENNING: Is that -- that's the final speaker? MS. FILSON: Yes, sir. CHAIRMAN HENNING: Ms. Mac'Kie, it was stated that 16 other counties have donated, so is there any way that we can get a list of those 16 counties and what they donated? MS. MAC'KIE: I'm sorry. If I said that, that would be an overstatement. There are 16 counties in the district. And where I have done projects in other counties -- Martin was the one I suggested to you-- they have paid cash in addition to help buy land. But I'd be happy to give you that, and that's one example. I can't think of many off the top of my head, but I would be happy to give you a list of other counties who have spent money in support of restoration as opposed to being a little uncertain about whether they want to support restorations or not. I'll get that you. CHAIRMAN HENNING: Yeah. Don't be confused about the Page 119 June 10, 2003 support of restoration by Collier County. capital improvement. actually gave money. they receive in that? MS. MAC'KIE: It's that we have an asset, So we're stating that other counties have -- So what is the value, and what is the value that I'd be happy to get you a list of our local county partners and show you what they have contributed. I'm sure Deb's writing that down as we speak. CHAIRMAN HENNING: And before the cabinet meeting, I hope that the cabinet staff could stand up there and say, we want to work with Collier County to resolve this issue instead of standing up there and stating that Collier County doesn't want to work with the state. MS. MAC'KIE: And I think you will hear that. And I want -- because I love Collier County, I want to say this, that actions speak louder than words, and what they're going to -- what they're going to be looking for is some action on your part to say, we want to be partners and participants. And the way -- the thing that you have to partner with here is these roads. And I've put this back on the overhead -- if I could call your attention to it -- with bright yellow lines, because the red and blue just didn't show very well. I want to be perfectly clear that you know that these yellow -- these roads highlighted in yellow will be open to residents 24/7, forever, post restoration. People who live there will always be able to drive day and night on these roads. People who don't live there will be able to drive on these roads in their cars during daylight hours. It won't require an ATV. It won't require an off-road vehicle. These will be -- you can get on these roads during the daytime in your Chevrolet and drive on these roads. That's -- so please let me, if I accomplish nothing else today, at least make it clear that these roads, post restoration, are going to be available for public -- daytime public car use. Page 120 June 1 O, 2003 CHAIRMAN HENNING: Commissioner Coyle, then Commissioner Halas. COMMISSIONER COYLE: Yeah. The question -- I'd just like to make a couple of comments, Ms. Mac'Kie. Would -- if there is any kind of agreement, is there any problem making sure this map is included as a condition of that agreement as far as access is concerned? MS. MAC'KIE: No problem whatsoever. CHAIRMAN HENNING: Okay. The other thing is, like the other commissioners, I'm concerned about the perception that Collier County doesn't want to participate in Everglades restoration or preservation. And, perhaps, one of the points that's being missed here is that -- that almost 80 percent of Collier County has already been -- been preserved. MR. PERKINS: Hear, hear. COMMISSIONER COYLE: And when you're talking about creating more swamps, you have to understand that there are some people who say, we've got plenty of swamps. But what we need to focus on is the action -- and I would hope that you would take this message back to -- MS. MAC'KIE: Yes, sir. COMMISSIONER COYLE: -- Tallahassee for us, that I'd like people to understand what we really have done. And just within the past year with the rural fringe and the rural land study, we -- we preserved, I think, 110,000 acres there, and there was no state participation in that. That's something we did ourselves to the chagrin of a lot of property owners, I might say. The other thing is that the taxpayers of this county, for the first time in history, voted a green space tax so we could purchase land with our taxes. So all we're asking you to do is, if we work out a -- an agreement here, don't charge us twice. Don't take our roads and then tell us that when we build a replacement road somewhere, we've Page 121 June 1 O, 2003 got to pay you because we take over a drainage ditch next to Immokalee Road whenever we want to widen the road. We're saying, don't charge us twice. And that's all we're doing. The proposal that has been made is one that requires nobody to make any payments. You don't make payments, we don't make payments. Everybody's happy. No money has to change hands. So I would hope that this attempt to resolve this problem be viewed in the light in which it is being made. You know, you had a chance today to see some of the endangered species -- MS. MAC'KIE: Yes, sir. COMMISSIONER COYLE: -- that we have in Collier County, and they're not happy about any of this. And -- but pragmatically, one thing I understand is, the federal government and the state government have more authority and more money than we do. They will ultimately get this land. We can go through a series of court fights if we want to do it, but I'm sure that the federal and the state governments will ultimately prevail. I'd like to get the best arrangement we can for the people who are present here, the landowners who have -- who are going to continue living there, and the people who want to access the property. So we're all on the same team and then we're all reading from the same sheet of music, I think, and I believe that if the -- if the state will view this not from the standpoint of a greedy county trying to extract something from somebody but from a county that has already committed lots -- I don't know that there's another county in the State of Florida that has diminished its tax base so dramatically as Collier County. Perhaps there is no other county in -- in the state that has 85 -- 80 percent of its land already on the government rolls. So we've done a lot, as you know, because you started some of this when you Page 122 June 1 O, 2003 were here. So I just hope that message can be conveyed to the people in Tallahassee so that we can lend some balance as to this perception that we are somehow greedy people who are trying to hold the state up for some more money. It is the state, by the way, that is forcing down unfunded mandates on us, not the other way around. MS. MAC'KIE: I appreciate that, and I'm confident-- I will do my very best, and I'm confident that that message will get delivered to the highest levels in the state government. And I think you know -- like me, most of you probably voted for our governor. I mean, Jeb Bush is not trying to take something from anybody for nothing. He's just not. But I'm glad that you brought up the green space amendment, because that does -- I remember sitting in your chair and sometimes feeling sort of overwhelmed by the weight of the people who could come to the meeting and make a point. I want to take the moment to remind you of the 70 percent of your county, I think that was the number, who support restoration, as evidenced by their vote. And I think you make some very valid points, Commissioner Coyle, about sort of what has Collier County given. We gave at the office already, kind of-- COMMISSIONER COYLE: And we give every day. MS. MAC'KIE: Very good points. Yes, sir. I'm sorry. Well, ! just want to -- my attempt to bring this to resolution is to ask if you will authorize your staff to work with us to come up with a program by which the county gets some remuneration for the resource value of the lands to be contributed to the restoration effort, namely the roads. That's what I'd like to work toward, and I just wanted to put that out on the table. CHAIRMAN HENNING: Well, let's answer that question, but there's still some questions -- Page 123 June 10, 2003 MS. MAC'KIE: Yes, sir. CHAIRMAN HENNING: -- that Commissioner Halas, Commissioner Coletta, Commissioner Fiala have. So if we can go down the line just to answer your question. Commissioner Coletta -- COMMISSIONER COLETTA: I -- CHAIRMAN HENNING: -- authorize staff to move forward in negotiations? COMMISSIONER COLETTA: What I want to do is talk a little bit about the timetable, what we're planning to do. When this goes forward and goes to Tallahassee, it comes back to us when, in September for final review, or when? Does anyone know? MS. MAC'KIE: What are you seeking to review? I don't understand. COMMISSIONER COLETTA: In other words, what we're going to be doing is authorizing staff to go and negotiate on our behalf to see what can be done in Tallahassee. It's still got to come back for final approval; am I correct? CHAIRMAN HENNING: Right. MS. MAC'KIE: And you'd have to also formally vacate roads, and so that is a vote that I think that could take place as early as July. MR. MUDD: That takes a formal hearing, okay, advertised, in order to vacate. And Ramiro, you hang in there with me as we go down this thing. The other thing I would also say is -- and this kind of supports Commissioner Coyle's -- I'm just trying to answer -- you know, the governor has declared eminent domain on these particular parcels and right-of-ways and roads; am I correct, Ramiro? MR. MANALICH: We are not aware of that action being formally declared. Now, there may have been manifestations that indicate the desire to head toward that, but I'm not aware from our Page 124 June 1 O, 2003 staff that we have had that. MS. CHADWELL: We haven't been named. MR. MANALICH: We've not been named as a litigant. MS. MAC'KIE: But that continues -- the reason I'm here is to try to avoid -- you know, we are on the same team, as the commissioner said. COMMISSIONER COYLE: If I could -- COMMISSIONER COLETTA: I'm not done. COMMISSIONER COYLE: Well, I just want to clarify one issue. COMMISSIONER COLETTA: Go ahead. Thank you very much. COMMISSIONER COYLE: It's my understanding that's the next step -- MS. MAC'KIE: Yes. COMMISSIONER COYLE: -- that's going to occur if we don't work out an arrangement, that eminent domain will be declared. MR. PERKINS: It's a threat. CHAIRMAN HENNING: Commissioner Coletta? MS. MAC'KIE: Well, it certainly has been in southern Golden Gate Estates on everything other than homesteaded properties, and that has been scheduled for the governor and cabinet's consideration a couple times, and they don't want to do it and continue to try to avoid it, but I think it's a reasonable expectation. COMMISSIONER COLETTA: And I -- one more time. I'm going to remind you that there is a level of distrust -- MS. MAC'KIE: I know. COMMISSIONER COLETTA: -- of what's taking place. We started off as a willing selling program and then it turned into eminent domain. MR. PERKINS: Hear, hear. COMMISSIONER COLETTA: We also had other promises Page 125 June 1 O, 2003 made that were only partially fulfilled or not at all. So when it comes down to this, what we're going to be making a recommendation to staff today to carry it on -- I guess it's not going to be a vote; am I correct? MR. MANALICH: I think you're just going to need to provide direction. COMMISSIONER COLETTA: Okay. Well, that direction, I'm going to be the lone dissenter, most likely, because I want to make a message to the governor that there is discontent here in Collier County, and that he better be willing to bargain, and I expect forestry to come in here and tell us exactly what we're going to be getting for our money. MS. MAC'KIE: May I comment on that point? Because I did consult with the forestry folks. Just on this point, a lot of people are drawing conclusions based on how current projects, current properties are managed by the Division of Forestry. Fortunately or unfortunately for us, this restoration project is a new creature. We cannot look at how things have been done in the past, how forestry operates its properties and presume that it will have the same plan of operation over this property because this is -- this is CERP, it's Everglades restoration, but it's a critical project which precedes CERP, and it's -- there is a huge effort -- and I think there's Collier County representation on the board that is studying how to do recreational access. All I want to say, and then I'll stop because it's not my turn -- COMMISSIONER COLETTA: I understand, I understand. Ms. Mac'Kie, I understand what you're saying, but I'll tell you, I'll put my blind trust in my creator before I will in the state. MR. PERKINS: Hear, hear. MS. MAC'KIE: Me too. (Applause.) COMMISSIONER COLETTA: I want to see something. I Page 126 June 1 O, 2003 want to see some solid promises made. Now, we have some good promises here. And I'm not saying that this road's particular pattern is evil. It might be a great thing in the end. I haven't had a chance to discuss it at any great lengths with the people out there I represent. But I do have very much concern over the other elements of this, especially the ATV use. It was talked before about how they were going to find other lands nearby. Obviously it hasn't happened. We have Brian McMahon up here who serves on that committee, and nothing's happening there. Something has to be done. I've seen our roads in there as a card to be played to be able to get something in the ultimate end that was going to benefit the people of Collier County. The only problem is at this point in the game, it's like we don't even sit there with a hand in our-- hand of cards there. We've been totally ignored. CHAIRMAN HENNING: Commissioner Coletta, do we want to give direction to our staff to continue negotiating? That was the question. And if we can get down to the other commissioners, I would appreciate it. COMMISSIONER COLETTA: Okay. Commissioner Henning, I appreciating your indulging me. I'll come back later if I have a further comment. CHAIRMAN HENNING: Commissioner Coyle, do you want to give direction to -- COMMISSIONER HALAS: I've got a question I want to ask. THE COURT REPORTER: I can't hear you. COMMISSIONER COYLE: Yeah. There's too much talking going on back there. CHAIRMAN HENNING: Ma'am, ma'am? We -- thanks -- ma'am, the Board of Commissioners are deliberating right now. You had your chance to speak. If you have any other business, with the state, you can do that after the meeting. Thank you. Page 127 June 10, 2003 Commissioner Coyle? COMMISSIONER COYLE: Yeah. I would like to authorize staff to continue discussions with Ms. Mac'Kie, if you're going to be the primary -- primary point of contact. But we do need to tie down some of these uncertainties about access and that sort of thing, for both the recreational purposes and for the residents who are going to continue living out there. So that needs to be a part of the discussion. CHAIRMAN HENNING: And I agree with -- we want to give staff the opportunity -- and to continue negotiating, but not with our money, not with the core -- or the Big Cypress or South Florida Water Management, the taxes that we send to them. That's -- Commissioner Fiala? COMMISSIONER FIALA: Yes. I'm most concerned with preserving our water sources for our future, for our future generations. And I know that this is why the state and the feds have come in to do this. I also think that it is a boon for the outdoor recreation community in that there won't be development there, and this will -- this will encourage more wildlife, more fishing, and so forth, as long as they have access to using it. That's a strong point there. So I encourage staff to work with South Florida Water Management and come up with a plan. CHAIRMAN HENNING: Right, right. Commissioner Halas? COMMISSIONER HALAS: Ms. Mac'Kie, I've got some questions to ask you on the roadways that are going to be left there. Number one is, are they going to be -- when you -- who's going to take responsibility of these roads? Is the federal government going to take -- do this or who is -- MS. MAC'KIE: Division of Forestry will do the maintenance. COMMISSIONER HALAS: The Division of Forestry. MS. MAC'KIE: Because the ownership will be with the state, Page 128 June 1 O, 2003 and they are the land management arm of the state. COMMISSIONER HALAS: And in what state -- what state are you going to have these roads in at all times? MR. PERKINS: Terrible. MS. MAC'KIE: I guess that be will be determined by the management plan more specifically, because I can't really answer for Division of Forestry. I wish I knew the answer. COMMISSIONER HALAS: Okay. Are these roads going to be elevated and are you going to have flowways under these roads? MS. MAC'KIE: The roads that are highlighted here in yellow are going to be passable by automobile even during the wet season. The roads that are shown here and not highlighted will be possibly by automobile but will be wet under -- will be under water during part of the wet season. COMMISSIONER HALAS: I'm primarily interested in the roads that are in the yellow. Are they going to be elevated? MS. STARNES: They won't be elevated above what they are now, but they will be maintained at the elevation they're currently at. COMMISSIONER HALAS: But how are you going to continue the sheetflow across this -- there's going to -- there's going to have to be some type of-- MR. MUDD: Commissioner, let me help just a little bit, and it's just one of the things that you didn't -- that you didn't get that came up. When you talk about re-establishing the sheetflow -- COMMISSIONER HALAS: Right. MR. MUDD: -- this is alternative 3-D that you were briefed on COMMISSIONER HALAS: Right, yep. MR. MUDD: -- in January. Three pumps staying, a series of canal blocks that will be put in. And what will happen is, in this 56,000 acres, they're basically going to get it so that it's -- the water sheetflow in this 56,000 acres is re-established. Page 129 June 1 O, 2003 is-- COMMISSIONER HALAS: Right, but -- MR. MUDD: I want to make sure that -- COMMISSIONER HALAS: I understand that, but the question MR. MUDD: The sheetflow-- the sheetflow is not re-established south of U.S. 41. What happens, because this water is now here and this area now a big sponge is there's less water going out and exiting that's going out into the Gulf and out into the Ten Thousand Islands. So that's the area. And if you look at the road network that was on the previous one, you'll notice the red lines here. This is 1-75. You can kind of see, that one's going down Spencer, down to Jane Scenic Drive, and it's sitting in there. So what they're basically doing is cutting the canals across in these particular roads. If they're north of the pump stations, they don't need culverts underneath of them, okay? So the only thing that's going to need culverts is this particular road, and they already exist. So the road network that you have out there that they're taking over, they're going to use with little or no improvement to them. COMMISSIONER HALAS: Okay. In their earlier discussion they did say that there was going to be a semi sheetflow down to the Gulf. MS. MAC'KIE: Yes, sir, we -- COMMISSIONER HALAS: But obviously you're -- that's incorrect? MS. MAC'KIE: No, sir. I think the one point we might disagree with is there will be some sheetflow south of 41 to the Gulf, just -- not as significantly as north. Janet, why don't you help. MS. STARNES: Basically by re-establishing this sheetflow in southern Golden Gate Estates, if you don't-- we also have a separate Page 130 June 1 O, 2003 project that corrects the culverting along Tamiami Trail to re-establish the appropriate sheetflow south of the Trail. So basically, southern Golden Gate Estates will sheetflow to the Trail, it will then go under those culverts, it will go under Tamiami Trial and maintain sheetflow within, south of the -- COMMISSIONER HALAS: In order to get this to happen, you're going to have to do something with U.S. 41 though? MS. STARNES: Correct, and-- COMMISSIONER HALAS: Okay. MS. STARNES: -- that's the Tamiami Trail project, correct. COMMISSIONER HALAS: Now I get the picture. MR. MANALICH: Mr. Chairman, before you ask for direction, I'd just ask -- CHAIRMAN HENNING: I did a long time ago, but go ahead. MR. MANALICH: Well, to clarify that directly, Assistant County Attorney Ellen Chadwell might have a couple of comments that might help you. MS. CHADWELL: For the record, Ellen Chadwell. I just heard Ms. Mac'Kie ask for the board to direct or if they were going to give direction to negotiate on the resource value of the lands. That was one of the methodologies that she complained was more appropriate. It's my understanding that is not the methodology that staff has originally proposed to the district. So I just wanted the board to be clear what direction they were giving us. If they want staff to just negotiate in general and see if there are some terms that can be met, or perhaps the district is saying that that's the only term under which they will negotiate. So maybe we need some clarification on that point. CHAIRMAN HENNING: And I'm not sure if we can get the clarification, but I'll ask for it again, and what the direction is. Commissioner Coletta, the direction and the clarification under Page 131 June 10, 2003 this item; do we want to give direction to our staff, and what is that direction? COMMISSIONER COLETTA: Well, the direction I would like to see is, one, I am for the restoration. There's no doubt about that. The access issue that I -- needs to be dealed (sic) with. And I thought that Commissioner Coyle came up with that, and I heard support from you on it, and I think I also heard it from Halas, I'm not too sure, but it seems like there is direction for the access issue to be tied into this along with a monetary issue, and I think that has to be done. I'd like to see public meetings, too, but that's -- right now, that's the direction I'd like to see for staff, access issue, access issue, access issue. MS. MAC'KIE: If I may, the only comment that I've heard from the board that isn't something that I have any authority to at least discuss is a funding source. And if that is the end of the discussion, we may not have anything to talk about, because I don't have a funding source besides the Big Cypress Basin. COMMISSIONER COLETTA: If I can? Can we explain-- CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: There's no funding. CHAIRMAN HENNING: Yeah. There's no funding. COMMISSIONER COYLE: MS. MAC'KIE: Okay. COMMISSIONER COYLE: right? MS. MAC'KIE: happen -- It's not going to cost you a penny, If I can work it the right -- the way it should COMMISSIONER COYLE: Yeah. MS. MAC'KIE: -- is that -- go back to what I said at the beginning, you're building a road, you're impacting an acre of wet prairie. COMMISSIONER COYLE: Okay. Page 132 June 1 O, 2003 MS. MAC'KIE: The district requires you to buy and donate three acres of wet prairie to offset that impact. What you're saying, and what I think we can -- I hope we can do, is that in your 2,300 acres of-- if it's wet prairie that you would be donating to the state, you would get credit -- you would take three acres out of your 2,300 and check that off as how you paid for your impacts of wet prairie. That does not require concurrency and that is doable. COMMISSIONER COYLE: Okay. Let me -- let me provide a variation. Of course, you can get into this, but that's where I think we -- I can't predetermine the outcome of the negotiations. All I can say is get together and work out whatever we can, and then the county manager will come back to us and he'll tell us, either say yes or no. But let me -- let me point out this fact, that they're -- we're right now widening Immokalee Road, and we're having to buy some mitigation credits for that purpose. MR. PERKINS: Extortion. COMMISSIONER COYLE: Now, it's -- it might be three to one, it might be more than that. I don't know. But the problem I have is, that there are very few pristine mangroves situated within 30 feet or 40 feet of Immokalee Road. What you want to do is to create a pristine area, and those roads out there are critical for that purpose. Now, what I wouldn't want to do is to have to give -- have to take one acre of drainage ditch along Immokalee Road and provide three acres of supposedly pristine -- CHAIRMAN HENNING: Pepper hedge. COMMISSIONER COYLE: -- yeah, pristine wetlands in the southern Golden Gate's (sic) Estates. MS. MAC'KIE: You're giving me three acres of asphalt, which doesn't have a resource value. I mean, that's another thing we have to factor into this. COMMISSIONER COYLE: But it's critical, according to your plan, that you have that in order to create the pristine wetlands that Page 133 June 10, 2003 we -- you wish to establish. So I think it has a higher value than just a piece of asphalt or piece of dirt road. And all I'm suggesting is that when we discuss this thing, I don't want to get locked in on a wet percentage at this point in time. MS. MAC'KIE: I'm certainly not suggesting, because I'm making up those numbers of three to one. I'm making that up. I do not know. COMMISSIONER COYLE: I was sort of thinking like one -- one to one or something, but nevertheless -- my understanding of the guidance is that we let the staff and Ms. Mac'Kie work it out, come back to'us and tell us what they've come up with, as long as they address the access. CHAIRMAN HENNING: Right. And I'm going to agree with that. I see Commissioner Halas is and Commissioner Fiala. COMMISSIONER FIALA: (Nods head.) CHAIRMAN HENNING: Is a yes. Okay. Are we done with this issue? MS. MAC'KIE: Thank you. CHAIRMAN HENNING: Now Commissioner Halas, you had a question. COMMISSIONER HALAS: Let's go to lunch. CHAIRMAN HENNING: That wasn't your question. Commissioner Coyle -- Coletta? COMMISSIONER COYLE: No, I'm okay. COMMISSIONER HALAS: All set. CHAIRMAN HENNING: We going to lunch or just take a 1 O-minute break? We've got a lot of public here that wants to address the board. COMMISSIONER COYLE: About what? CHAIRMAN HENNING: Well, we've got Dover, Kohl and-- MR. MUDD: Commissioner, you're going to be here till, my estimate is 6:00, 6:30 tonight. Page 134 June 1 O, 2003 COMMISSIONER COLETTA: Take a lunch. Half an hour is fine by me. I don't care. CHAIRMAN HENNING: Commissioner Fiala says 15 minutes. Is that a good enough lunch for us? COMMISSIONER HALAS: Half hour, half hour. CHAIRMAN HENNING: Half an hour, okay. We'll adjourn (sic) at two o'clock. Or convene, reconvene at 2:00. (A luncheon recess was taken.) Item #13A RESOLUTION 2003-212 REGARDING NEW PRECINCT BOUNDARIES AND NUMBERS TO REFLECT COMMISSION DISTRICT FIOI JNDARIES-ADOPTFD CHAIRMAN HENNING: Everybody take their seats, please. Board of Commissioners are now in session. Mr. Mudd, where are we at on our agenda? MR. MUDD: Commissioner, we're -- we're at -- MS. FILSON: Eight. MR. MUDD: We're at item --just take a look for a second -- we're at 8(A). And what I would -- what I would ask to do prior to that -- and, you know, we had a one o'clock for the -- a brief from our lobbyist on the legislative session, but I would -- I would appreciate the board's indulgence if we could bump up Jennifer Edward and get to her, because it's a very short presentation, and it's something you can do quickly. And the next thing is 10(D), which is a bonding issue, and we have our financial representative, Bill Regan, here and his crew, and that's a good news item in the fact that they're going to refinance the bond and save about $3 million in interest payments, and we can get those folks gone back on their way, and their clocks can quit ticking Page 135 June 10, 2003 as far as paying them is concerned. CHAIRMAN HENNING: Ms. Filson, do we have any public speakers on supervisor collections recommendation to the board on the precincts? MS. FILSON: 16(G)? No, sir. CHAIRMAN HENNING: Any question by the Board of Commissioners? (No response.) MR. MUDD: And this 13(A), which used to be 16(J)3, which is the precinct boundaries issue. COMMISSIONER FIALA: Commissioner Henning, I'd like to make a move to accept the new district numbers. I've gone through them. I think that they're much easier for us to understand, and it will be easier for the public to use as well. CHAIRMAN HENNING: And I'll second that motion. Ms. Edwards? MS. EDWARDS: I know you're busy today, you have a lot on the agenda, and I appreciate your support. And I just would like for the public to know that the change means that all of the precincts within the respective commission and school board districts will begin with the same digit as the respective district so that all precincts, for example, in District 1 will begin with a one. CHAIRMAN HENNING: For the record, that was the Collier County Supervisor of Elections, Jennifer Edwards. Commissioner Halas? COMMISSIONER HALAS: And also, am I under the assumption that there's not going to be any more split precincts? MS. EDWARDS: There will be no split precincts regarding the commission districts-- COMMISSIONER HALAS: Right. MS. EDWARDS: -- and school board districts only. We will still have split districts for other districts. Page 136 June 1 O, 2003 CHAIRMAN HENNING: (No response.) CHAIRMAN HENNING: motion, signify by saying aye. COMMISSIONER HALAS: Okay. MS. EDWARDS: But that will help the voters also. And we will be doing an education program in the fall, and we will be sending new voter ID cards to all voters in November or December. COMMISSIONER HALAS: Thank you very much. Any-- any further questions? Seeing none, all in favor of the COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: (No response.) CHAIRMAN HENNING: Opposed? Motion carries, 4-0. COMMISSIONER FIALA: And let's wish them well on their float for the Fourth of July Parade. MS. EDWARDS: Thank you, thank you very much, Commissioners. Item #1 OD CWS RESOLUTION 2003-01 AUTHORIZING THE ISSUANCE BY THE COLLIER COUNTY WATER-SEWER DISTRICT OF ITS (1) COLLIER COUNTY WATER-SEWER DISTRICT TAXABLE WATER AND SEWER REFUNDING REVENUE BONDS, SERIES 2003A, IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT EXCEEDING $15,000,000 IN ORDER TO PROVIDE FOR THE REFUNDING OF A PORTION OF THE DISTRICT'S OUTSTANDING TAXABLE WATER AND SEWER REFUNDING REVENUE BONDS, SERIES 1994A, AND (2) Page 137 June 1 O, 2003 COLLIER COUNTY WATER-SEWER DISTRICT WATER AND SEWER REFUNDING REVENUE BONDS, SERIES 2003B, IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT EXCEEDING $40,000,000 IN ORDER TO PROVIDE FOR THE REFUNDING OF A PORTION OF THE DISTRICT'S OUTSTANDING WATER AND SEWER REFUNDING REVENUE BONDS_ SERIFS 1994B-ADOPTED MR. MUDD: The next item, Commissioner, would be 10(D), which is a recommendation to adopt a supplemental bond resolution authorizing the issuance by the Collier County Water/Sewer District of its number one Collier County Water/Sewer District Taxable Water and Sewer Refunding Revenue Bonds, Series 2003A, in the aggregate principal amount not to -- exceeding $15 million in order to provide for the refunding of a portion of the district's outstanding Taxable Water and Sewer Refunding Revenue Bonds, Series 1994A, and two, Collier County Water/Sewer District Water and Sewer Refunding Revenue Bonds, Series 2000B -- 2003B, in the aggregate principal amount of not to exceed $40 million in order to provide for the refunding of a portion of the district's outstanding Water and Sewer Refunding Bond, Series 1994B. And Mike Smykowski will be the principal presenter. CHAIRMAN HENNING: I make a motion to approve this item. COMMISSIONER HALAS: I'll second it. CHAIRMAN HENNING: Motion by Commissioner Henning, second by Commissioner Halas. Mr. Smykowski, do you have to get anything on the record? MS. SMYKOWSKI: No, sir. Just your adoption of the bond resolution authorizing the transaction to be completed. CHAIRMAN HENNING: Any -- COMMISSIONER FIALA: That saves us a lot of money. Page 13 8 June 10, 2003 MR. SMYKOWSKI: Yes. Actually the -- an updated estimate is in excess of $5 million based on current market conditions, so hopefully the market trend will hold for when the actual closing will occur. CHAIRMAN HENNING: Questions on this item by the Board of Commissioners? (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 COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: The motion carries, 5-0 (sic). MS. FILSON: Four. MR. SMYKOWSKI: Thank you. CHAIRMAN HENNING: Thank you. Item # 10C I.EGISI.ATIVE l IPDATF. TO THE FICC-PRESENTF, D Next item is our legislation update by Keith Arnold. MR. ARNOLD: Thank you, Mr. Chairman, members of the board. You should have in your packets the legislative updates which were provided to you last week as part of your packages. I will be as brief as you would like me to be. I know your agenda is very, very crowded today and you have a lot of constituents that you want to hear from. Just generally speaking, I think we all knew that this legislative Page 139 June 10, 2003 session would be very, very difficult in terms of the financial issues that face the state legislators and the governor. Clearly there was a concern that the legislature may, in fact, push some of the responsibilities of state government onto local government and would do so without the funding mechanisms to provide those services. I think if I was to summarize the legislative session, I would simply suggest that we probably didn't do as bad as we feared we would, but we certainly didn't do as good as we'd hoped we would have either. Economic times are tough. Virtually every state in the nation is facing budget deficits. Congress has responded by appropriating some moneys, but the reality is, is that the shortfalls are significant. Probably to complicate issues, or at least in my judgment, the legislature is using an awful lot of nonrecurring money to finance recurring needs. And to give you a specific example, agency head salaries this year are being funded by nonrecurring dollars for the leadership in Tallahassee, the various agencies. What that means, of course, is next year, that the difficulties we experience financially this year in the state are only going to be compounded by greater difficulties next year unless there is a wholesale turnaround of the economic environment we -- we find ourselves in. You just approved a bond issue which saved you money. I think we need to keep in mind that the reasons that that bond issue has saved you money is because of the declining interest rate because of the continued effort by the feds to stimulate the economy. Interest rates have moved downward. And clearly, the economic conditions that the fed is trying to stimulate has hit state budgets and state budget finance officers very, very difficulty in the last several year, but none more than this year. If you'll find on page three of your summary some of the Page 140 June 10, 2003 legislative issues that you identified as priorities. And I won't go through these one by one. But as I said, an awful lot of the funding issues which we had an interest in, those trust funds were either eliminated or cut severely to fund basic aspects of state government, whether it's education or transportation, or what it may have been. The beach renourishment. Beach renourishment trust funds were virtually eliminated. This session took major hits in terms of recurring expenditures, historical preservation, cultural affairs, FERDAP grants, parks and recreation. The list goes on and on and on and on, and not the least of which was transportation. The transportation trust fund was raided by over $200 million, again, to finance recurring state needs with nonrecurring dollars, which meant fewer transportation projects throughout the state. Notwithstanding that, on page four you'll see a list of some of the transportation items which were funded in Collier County. Again, I won't read through these individually. To the extent I can answer any of your questions either privately or here publicly, certainly I'd be willing to do so. On page five, we go through some of the bills that had a very direct impact on Collier 'County and some of the bills you expressed an interest in. House Bill 849 was your codification of your water and sewer special acts here in Collier County. That was shepherded through the process by Representative Goodlette. And certainly through his fine stewardship, this bill did become law. The next bill is House Bill 113(A). This is a troublesome bill. This is one that deals with the Article V issues that are very, very perplexing and very costly to you as local government officials. Having sat through many of your discussions this morning, I -- in Tallahassee, the issues we deal with affect the public of this state in a very indirect way. You sit here as county commissioners and you deal with issues that affect your constituents in a very direct Page 141 June 10, 2003 way. This bill will have a very direct impact on the constituents that you serve. The legislature in my judgment has responded in almost a punitive way with essentially suggesting to counties and to the court system that Article V, and the revision of Article V, was pushed on the state by local governments and by the judiciary, and, therefore, the legislature has taken the position essentially that since, in their-- from their perspective the issue has been forced on them by local governments, they'll extract from local governments the ability to pay for the Article V mandates. Probably the most compelling example of that in this particular bill is the requirement that all circuit -- all fees generated through the clerk's office are now going to inure to the benefit of state government and not to local government, and those fees, in fact, will begin funding some of the court responsibilities that the state is now encumbered by in the Article V constitutional amendment. Also in this bill is a continued study. Remember, there was a fade in -- phase in of Article V mandates. And in this bill is a continued study the legislature deferred to the comptroller and to the new constitutional office of chief financial officer, which is, in this case, Commissioner Gallagher. They have funded a study and required him to come back to the legislature next year and make further recommendations for the final phase of Article V funding. I would suggest to you that the difficulties the legislature experienced with Article V this year are only going to be exacerbated next year by, again, some of the funding decisions they had to deal with in the context of the economy and dwindling state resources. Next year will be very, very difficult in trying to keep local government whole with respect to Article V funding. And the legislative attitude, again, seems to be very punitive in nature, and so it's something that I think we need to be very, very wary of. The strategic intermodal bill you'll find on the bottom of page Page 142 June 1 O, 2003 six. That's a transportation rewrite, I think, pertinent to Collier County. I would suggest that since this committee is going to have a significant impact on arterial roads in the State of Florida, that we will want to pursue either a gubernatorial appointment or an appointment by the presiding officers of each chamber to have a Collier County representative on this committee. I think that's clearly worthy of all of our efforts, and I think that because of the geographic isolation which we kind of find ourselves in in this comer of the state and because of the massive size, that Collier County is geographically the largest physical county in the State of Florida, that we would all be well served if we could have an appointment to that statewide advisory committee which will make significant decisions in determining which transportation projects are worthy of legislative funding and which are not. Moving along to Senate Bill 24A, which you find on the bottom of page nine. Again, of interest to me in this particular bill -- this is an infrastructure bank bill, and this allows for greater bonding of toll roads in the State of Florida, and these are principally state toll roads. But kind of the interesting thing, the interesting point of this bill is that there is a requirement that if those toll facilities are to -- if the price on those toll facilities are to increase, thereby allowing for greater bonding of those revenues, then those revenues have to be giving some specific priority in the county in which the tolls occur. And that has great relevance to Collier County, as Alligator Alley is one of the five or six state toll roads in the -- under the state jurisdiction, and so presumably there would be some funding mechanism for local transportation projects under this bill. And I view this as one of the bright spots during the legislative sessions this year and something to draw your attention to and, again, I think we will want to watch as we move forward over the next several months. 1660 is a bill. There are many bills which tried to usurp local government authority. This was one of them. This bill is basically a Page 143 June 1 O, 2003 bill which suggests that in terms of dealing with landowners who are also in the agricultural business, that to the extent that they're regulated by other state or federal agencies, you may not have any duplicative regulations placed on them which would be in view of the legislature, either duplicative or burdensome. It's really unclear how this bill's going to work out over the long haul. There were several issues which gave rise to this bill in the first place. But suffice it to say, the State of Florida is basically saying that you can't unduly regulate lands that are ostensibly used for agricultural purposes. And the initial reference of this bill dealt a fair amount with zoning matters, and those issues have been removed from the bill, but nevertheless it's something I think we're going to want to watch over time. Just jumping to page 13. There is a bill which allows for you to utilize more of your gas tax revenues for bicycle paths and pedestrian right-of-ways. I know that's been an issue that you've dealt with a little bit here in Collier County. It doesn't allow -- it doesn't give you any more moneys to do so, it just allows the usage of those gas tax revenues for the pedestrian uses that are ancillary to the roadway itself. At the bottom of the page, 1632, an interesting bill. Again, of great relevance to this county and local governments in general. MR. MUDD: Do you want to talk a little bit about the enterprise zone in Immokalee right here? MR. ARNOLD: Sure. MR. MUDD: On 2164, just so Commissioner Coletta gets -- MR. ARNOLD: Absolutely. That is -- that was a fun one to work on. As you'll see, Commissioners, Immokalee was added to the state enterprise zone list. That was done to a large extent at the suggestion of Commissioner Coletta and others. And what this will do Page 144 June 1 O, 2003 hopefully is stimulate business development in an area that absolutely could utilize an awful lot of business development on a tax favorable basis. So hopefully if this bill or the -- if the modus behind this bill work we will see -- encourage local and state businesses to relocate to Immokalee, thus stimulating the local economy and providing jobs for a population that so desperately needs it. So I enjoyed working with Commissioner Coletta on that and the citizens of Immokalee, and I think hopefully it will prove to be beneficial for them in the long run. COMMISSIONER COLETTA: Thank you for that. MR. ARNOLD: 1632, one you-- I think county staff will want to take a look at. This bill changes the very nature of MSTUs and MSBUs in the State of Florida and allows great expansion of the revenues generated through MSTUs and MSBUs for measures with -- to protect the health, safety, and welfare of the local citizens. In essence -- I'll let the constitutional lawyers play around with this one, but, in essence, it seems to me almost a way to get around the 10 mill cap requirements of the State of Florida. CHAIRMAN HENNING: That's good. MR. ARNOLD: Yeah. It's a bill that allows you to employ an MSTU or an MSBU for virtually any service that you would designate appropriate. I think there are a lot of constitutional issues and legal issues to kind of work them -- work themselves out over the period of the next several years on this, but it is one that I think will -- a lot of local governments will be eyeing very closely over the next several years as state resources continue to dwindle. Be careful what you ask for. On the top -- on page 14 is a bill which, in large measure, is a response to the issue which you found yourself somewhat involved in down here, where the large state utility, Florida Water Services, was proposed to be sold to local governments in the Panhandle. Page 145 June 10, 2003 This bill is in direct response to that and'inserts you very directly in the decision-making process of whether utilities can be sold or not and allows the public the opportunity to appeal those decisions directly to you. It also puts you, I would argue, in almost a rate-setting capacity and requires of you the responsibility of adjudicating the issues between local citizens and a public utility in trying to determine, A, whether a rate increase is appropriate given the sale of a particular utility, whether the rate increase is sufficient or not to amortize the debt service, or whether it is simply too high and is unneeded in those cases. I think this is an unfortunate bill and puts you in an unfortunate capacity of sitting as a quasijudicial body, almost in a capacity similar to the PFC. Having said that, it does give your constituents the ability to appeal some of these decisions directly to you, and to some extent, allows you to preclude those mergers and acquisitions from taking place. Again, a bill that is going to have a lot of case law behind it before everything is said and done, so one to watch over the next several years. Finally, I conclude with two bills which again, you were very interested in, the HCRA bill on page 15. It did not pass. As you know, that was a bill that was sponsored here and had great fiscal impact on, frankly, in this case, not only Collier County, but Lee County. And House Bill 29 would have had a -- 929 would have had a positive fiscal impact. That's the indexing of the local option sales -- or gas tax. That was a high priority of yours, as it has been. The house leadership viewed that as a tax increase and continues to view that as a tax increase. And sort of in the antitax environment that we find ourselves in, neither of these bills were Page 146 June 1 O, 2003 attractive to legislative leaders, and so they both -- they both suffered the same fate for altogether different reasons, but mainly because of the fiscal issues associated with them. That concludes my presentation. I'll be happy to answer any questions. And I think, furthermore, Mr. Chairman, I know, again, you're pressed for time. I'll be happy, at your direction, to meet with the commissioners individually, if that's your desire, or-- and the staff, to provide any further updates. But I'm here at your disposal. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: I can do that independently of this meeting. No reason to tie up the meeting with questions at this time. CHAIRMAN HENNING: Okay. Anybody else? (No response.) CHAIRMAN HENNING: I view Senate Bill 1660 as a good government thing. Less government regulating the small farmer. That's my viewpoint and -- on 1660. So, good for the Senate. Okay. Thank you, Mr. Arnold, for being here with us today. MR. ARNOLD: Thank you, Mr. Chairman. I appreciate it. Item #8A AN ORDINANCE OF COLLIER COUNTY, FLORIDA, TO PROTECT AGAINST HAZARDS FROM SUBSTANDARD CONSTRUCTION IN PUBLIC RIGHT-OF-WAY; PROVIDING PURPOSE AND DEFINITIONS; ADOPTION OF CONSTRUCTION STANDARDS HANDBOOK; REQUIRING PERMITS; REQUIRING REMOVAL OF OFFENDING MATERIAL FROM RIGHT-OF-WAY; REPEALING ORDINANCE NO. 82-91, AS AMENDED BY ORDINANCE 89- 26, AS AMENDED BY ORDINANCE 93-64; PROVIDING RULE OF CONSTRUCTION OF THIS ORDINANCE; PROVIDING FOR Page 147 June 10, 2003 CONFLICT AND SEVERABILITY, PROVIDING FOR PENALTIES; PROVIDING AN EFFECTIVE DATE-STAFF TO RESOLVE DETAILS AND BRING BACK TO THE NEXT MEETING ON Jl JNE 24_ 2003 CHAIRMAN HENNING: Next item is 8(A). MR. MUDD: Yes, sir. CHAIRMAN HENNING: This is an ordinance of Collier County, Florida, to protect the hazards -- substandard construction in public right-of-way providing a purpose and definitions; adoption of construction standard handbook; requiring permits for -- requiring to remove (sic) of offending material of right-of-way and appealing (sic) ordinance number 82-91, as amended by ordinance 89-29 (sic), and (sic) amending by ordinance 93-64; providing the rule of construction of the ordinance; providing for conflict and severability, providing penalties and providing effective dates. And I have a little note that this is a public hearing, so if that's true everybody needs to be sworn in that's going to participate? No? We have --just close the public hearing when we vote on it. All right. Mr. Kant? MR. KANT: Edward Kant, transportation operations director. Before I begin anything specific to this item, I'd like to offer an apology to the commission and to the administration for failing to get a copy in advance -- well enough in advance for you. I was under the mistaken impression that that had been provided when this first came up on the May 27th meeting. I will endeavor to see that that does not happen again. And, again, I apologize for any inconvenience that may have caused you. This is a continuation from that meeting. Several questions had been raised with regard to clarifying some language, and I have asked Mr. Riley, who is in charge of that section, to make a very Page !48 June 10, 2003 short presentation to address those issues and any other questions you may have. Thank you. CHAIRMAN HENNING: Thank you. MR. RILEY: For the record, Mitch Riley, transportation operations, right-of-way section. Good afternoon. The last time we were here, you had two items that Commissioner Henning had some concerns about the wording. CHAIRMAN HENNING: Now that I have the handbook, I have other concerns. MR. RILEY: Yeah. On page three of seven of the ordinance itself, the first item was the word vicinity. We are going to require the public, the utility companies, to notify the residents in the vicinity of the proposed activities, and we replaced the word vicinity with 300 feet. That was the first change that we made. The second part was -- yeah, and that is consistent with the LDC. That's where we got the number. The second part was require documentation when -- at the time when the applicant comes and applies for the permit, there was a phrase there that, but not necessarily be limited to, which was in addition to whatever documents that they have, and you wanted clarification on that. We strike that line out altogether. Those were the only two items that you brought up in that meeting, so that's the gist of what we did since that meeting. CHAIRMAN HENNING: Okay. MR. RILEY: I'll be glad to answer any questions -- CHAIRMAN HENNING: Any question by the board members? Commissioner Coletta? COMMISSIONER COLETTA: Thank you. I'm concerned about -- would you explain to me the special consideration requirements for Immokalee to be eliminated? MR. RILEY: From what I understand, many years ago they had Page 149 June 1 O, 2003 an office in Immokalee that handled the right-of-way permits, and they required three copies of the application. With this change, they only have to bring two copies and everything is done here in our office. They stopped doing the processing of right-of-way application in Immokalee, from what I understand, back in the late '80s. COMMISSIONER COLETTA: That's before my time, that's for sure. MR. RILEY: Mine, too. COMMISSIONER COLETTA: Yeah. If I may, do we have a permitting office in Immokalee that their part -- I think it's, what, three days a week? Don't we have one there? MR. RILEY: I believe so. COMMISSIONER COLETTA: Can't we pick this up again in Immokalee and continue the practice? I mean, we're talking a 45-mile drive, one way. MR. RILEY: That's something, if the board directs us, we'll be glad to look into that. COMMISSIONER COLETTA: Well, how involved would it be? MR. KANT: Edward Kant, again. If we can coordinate, and I don't see any reason why we can't, with the building department, if they are still going through the same application procedures, we probably wouldn't have a problem on single family. Commercial might still be a little bit of a problem-- COMMISSIONER COLETTA: Okay. MR. KANT: -- because we don't -- we just can't staff it. But we also have the ability to do applications electronically, and we do an awful lot of work through the mail, at least locally we do. So if I sense the board's direction that you want to try to re-establishing that link, we can certainly do that. COMMISSIONER COLETTA: I kind of hope so, if we can do Page 150 June 10, 2003 it with the -- especially if we can do it with the personnel that we now have on hand, you know, for the residential for sure, and the commercial might be a little more involved, I agree with you there. MR. KANT: We've not yet, in the year plus that we've been running this through our department, we haven't had any scheduling problems with inspections, we haven't had any complaints about, you know, getting stuff back and forth. So we know that the fieldwork is being handled quite efficiently. Let me look into it and I'll be happy to report back, and if it's something we can do, we'll just do it. COMMISSIONER COLETTA: I appreciate it, because the idea is not to provide less services, to hold the status quo, maybe provide a little more. CHAIRMAN HENNING: If we're going to do that, could we take District 3 out of this bureaucracy and not have a handbook and ordinance? MR. KANT: I'm sorry, Commissioner, I don't follow your question. CHAIRMAN HENNING: Commissioner Halas, you had a question? COMMISSIONER HALAS: Yes. To get back to the question that Commissioner Coletta had. Do we have a fast track system set up electronically so that it's not cumbersome and we address the issues in regards to permits out there? MR. RILEY: The permits are on the web page. Anyone can access the web page and apply for a permit electronically, yes. COMMISSIONER HALAS: Okay. And it's very straightforward? Okay. MR. RILEY: I do believe so, yes. COMMISSIONER HALAS: Okay. COMMISSIONER COLETTA: Provided you've got a computer and you can speak English. Page 151 June 10, 2003 MR. RILEY: That's very true. We get a lot of Hispanics (sic) customers, and we have translators that help us with that, that's very true. COMMISSIONER COLETTA: We so much appreciate that, that extra touch, you know, dealing with our Spanish speaking constituents in Immokalee. We appreciate that. We really do. MR. RILEY: We have very good staff members that help us on a daily basis with that chore, yes. COMMISSIONER HALAS: Well, I guess where I was going with this is that maybe we can -- there might be some groups out there that would donate some of their time and were bilingual and could assist in this matter. COMMISSIONER COLETTA: You already have it covered. COMMISSIONER HALAS: Do we? COMMISSIONER COLETTA: Yeah. COMMISSIONER HALAS: Okay. MR. RILEY: I think we have that covered, yes. COMMISSIONER HALAS: Okay. CHAIRMAN HENNING: MR. RILEY: Yes, sir. CHAIRMAN HENNING: Mr. Riley? You're asking us to revise the handbook to, number one, addition of the direct bore as a method of underground installation. Where does that fit in -- into the handbook, so I understand the flow of the handbook? MR. RILEY: Before the handbook only had jack and bore for installing the pipe under a roadway. Jack and bore and open/cut. If I use an analogy, jack and bore compared to this directional bore is like working on a manhole or a keyhole as far as damage to the road would be, so this is a much better system. As far as the page number in the handbook, is that what you're asking me? CHAIRMAN HENNING: You're asking us to take specific action to amend the handbook-- Page 152 June 10, 2003 MR. RILEY: Because-- CHAIRMAN HENNING: -- 1 through 10, so I want to know where that fits into the handbook so I understand. MR. RILEY: Right. One of the -- we have been using the directional bore for years, and it's about time they put it in the book actually. And if you go to page eight of the handbook that was hand delivered to your office, that's where it's talking about the different methods of installing a pipe under the roadway. And you have jack and bore, pushing pipes, and now we have the directional bore also. CHAIRMAN HENNING: Jim Mudd, if you could look at the executive summary, it -- and it says, addition to directional bore as a method of underground installation. This fits in page eight, paragraph what? I think we have public speakers, so why don't I go to my -- MR. RILEY: Okay. CHAIRMAN HENNING: -- next question, and then you can answer that later on. MR. RILEY: Okay, yes. CHAIRMAN HENNING: Second page, it says, item number two, upgrading the dates -- MR. RILEY: Can I go back and answer that questions? CHAIRMAN HENNING: Sure, thank you. MR. RILEY: I just have to look for it. It's on page 10. CHAIRMAN HENNING: Page 107 MR. RILEY: Yes. If you look at subsection number six, where it says directional bore, that's in addition to pushing the pipe, open cutting system, and now we actually officially have the directional bore, and we are following the Florida Department of Transportation's guidelines for using this method of installation of the pipe. And as I mentioned, the damage to the roadway is a lot less with directional bore which requires a keyhole compared to a manhole for Page 153 June 10, 2003 open cut with pits and everything else. CHAIRMAN HENNING: The next one is -- the second one is, request upgrading the dates of all the guidelines in reference to the latest edition. MR. RILEY: That's all over the handbook and the ordinance. Anywhere we are referring to Florida Department of Transportation requirements, the MUTCDs, any other references and specifications that we refer to, because as you -- as you were reading the opening for the item, this has been updated in '88, it's been updated in '83, in '93, and now 2003. And every time, all these specifications are also revised in their agencies. So this is making sure that we're using the latest editions of all these specifications and guidelines, the books that we go by. CHAIRMAN HENNING: The guidelines of the handbook, does government have to apply to the handbook? Does the county have to apply to it? Are we asking -- MR. RILEY: All the specs that I was naming? CHAIRMAN HENNING: The whole handbook. We're asking the public to -- under the permit in the handbook, is this the guideline? Does government have to -- MR. RILEY: Any work -- any work in Collier County right-of-way needs to be governed by this handbook, yes. That's, in essence, what ordinance 93-64 is. 93-64 is the guidelines and specifications for work in Collier County right-of-way. So the answer would be yes. CHAIRMAN HENNING: Okay, public utilities and wastewater have to abide by these guidelines and actually get a permit? MR. RILEY: That's very true, yes, and they do. CHAIRMAN HENNING: Okay. And that's with all maintenance within the right-of-way? MR. RILEY: No. Maintenance -- we only ask for maintenance to have a record of what they're doing. They don't have to pay any Page 154 June 10, 2003 permit fees, and we just want a record of what they are maintaining in the right-of-way, that's all. There's no fee. It's just a recordkeeping. CHAIRMAN HENNING: Okay. Does this pertain to landscaping, too? MR. RILEY: That's correct. CHAIRMAN HENNING: Okay. So when I cut the county's property in front of my house, what do I need to do? MR. RILEY: Is that in the right-of-way -- CHAIRMAN HENNING: Sure. MR. RILEY: -- or in a private property? CHAIRMAN HENNING: It's in the right-of-way. MR. RILEY: In the right-of-way you have to get a permit. It's a residential permit. CHAIRMAN HENNING: Okay. MR. RILEY: To install a drainage pipe, for example, in front of your house. COMMISSIONER HALAS: No, cutting the lawn. CHAIRMAN HENNING: No, cutting the lawn, it's a maintenance. MR. RILEY: No, because the ordinance says the maintenance is in front of your house, even if it's in the county right-of-way. It's the responsibility of the homeowner and, no, you don't need a permit for that. CHAIRMAN HENNING: Where's that at in the handbook? I didn't see that. Of course, I didn't get a chance to read this -- MR. RILEY: It doesn't state it specifically, that the maintenance of the right-of way in the front of your home is the responsibility of your homeowner. Where it is word by word right this minute, I wish I was that smart. I would be working for NASA, I guess, if I was that brilliant. I just don't know where it is right now. CHAIRMAN HENNING: I wish I was that smart too, after Page 155 June 10, 2003 receiving this document late yesterday, being able to read this whole MR. RILEY: And I personally apologize for that. I should have given you this document a long time ago. I do apologize for that. MR. MUDD: Commissioner, would you like to continue this item for the next -- CHAIRMAN HENNING: I think that's great, but we have some public speakers that's been here all day, and I think they deserve to -- COMMISSIONER HALAS: Be heard. CHAIRMAN HENNING: -- be heard. So, Ms. Filson? MS. FILSON: The first public speaker is Grover Whidden. He will be followed by Buddy Brunker. MR. WHIDDEN: Good afternoon. Good to be with you today. For the record, my name is Grover Whidden, regional external affairs manager for Florida Power and Light Company. Speaking for our company, and I think the other utilities here will also agree with this, we, in principle, are certainly supportive of the ordinance before you. Reading the purpose of this ordinance, certainly we have no disagreement with the general purpose of the ordinance; however, we do have some differences regarding some of the particular provisions. And principally, those are contained in section 4, entitled permits. One of the principal concerns we have is that in various subsections of section 4, in section 4E and 4G, subparagraph 4, there's references made to the standards of how permits will be looked at when they're reviewed and the standards which permits will be judged and determined to be denied in cases. And most of those standards we don't have any problem with, with one very explicit exception, and that is with the provision that we be in compliance Page 156 June 10, 2003 with the local development code. Under Florida laws -- and I'm not an attorney. But under Florida growth management laws, utilities are explicitly excluded from local development code, and yet in both of those sections I just referenced, that is used as a standard. And I can tell you that none of the utilities have ever looked at your Land Development Code regarding installation of facilities in road rights-of-way. And if it's your intention to bring us under that, I think we're going to have a great deal of difficulty with it. The other thing is, I question whether or not the commission really wants to take on that responsibility because there's just a lot of provisions in the Land Development Code which would, I think, be a problem for the commission as well as the county staff. Secondly, the other problem, general problem that we have, I guess, is one of basic intent having to do with the notice provision whereby the utilities will be required to notice property owners within 300 feet of any facilities that are going to be installed in the right-of-way. Quite frankly, we don't understand the intent of why that needs to be the case, and more importantly, we're concerned that, you know, under what circumstances where we do provide notice where there is concern in the neighborhood and so forth, we might be denied installation, denied permit in the right-of-way. Certainly, I mean, to be very clear about this, I think all the utilities recognize in today's world, there is an increasing need on our part to communicate with customers and landowners in the area regarding installation of our facilities. And I know our company, speaking very explicitly, have recently enacted new procedures whereby we're doing much more dialogue with neighbors and even having open house type activities to provide neighborhoods information about the installation of our facilities. Page 157 June 1 O, 2003 So we recognize that responsibility, but quite frankly, just to provide this kind of brute force fix requiring notice to all property owners within 300 feet, we don't think that's really going to solve the problem that you're attacking, so that's pretty much our comments. CHAIRMAN HENNING: Thank you. Commissioner Halas? COMMISSIONER HALAS: What brought forth this amendment in the codes here? MR. RILEY: As far as notification for -- COMMISSIONER HALAS: MR. RILEY: -- residents? COMMISSIONER HALAS: Yes. Three hundred feet in regards to FPL or any other utility that could be -- MR. RILEY: We were in the process of revising the ordinance, and we were directed to add that to the language as far as notification. COMMISSIONER HALAS: Is this because there were -- of prior problems? MR. KANT: Yes, Commissioner. There was an FPL line that was going down across 91 st Street, and that was going to be an aerial line, and that created some concern amongst some of the residents. I think the final resolution, it was going to go underground. There was a collection of cost and everything. The biggest issue was that many people didn't realize that that was going to be an aerial line until they saw the poles being stacked up there. And so at one point, when the board was going through that process, they directed the county manager to try to look for a way to try to keep that type of situation from happening again. And our direction was then to, if we -- since we were in the process of revising this, to add that, if we could, to this ordinance. COMMISSIONER HALAS: So that's to protect the citizens of the county-- Page 158 June 10, 2003 MR. KANT: Yes. COMMISSIONER HALAS: -- basically to let -- to let them realize what's going to happen in their neighborhood? MR. KANT: Yes, sir. MR. RILEY: Well, if I may explain here, the intent of this revision is not for every single permit for the utilities to go through that process. That wasn't the intent at all. It has to be used-- some common sense needs to be used here. If you're going to put a 93-foot long pole in front of somebody's house, we thought it would be a good idea, before they install that pole, that they go and notify the resident so I don't get all the flack after they do it. That was the intent. COMMISSIONER HALAS: You're not the only one that gets the flack. MR. RILEY: Now, if they come here and apply for a permit and the permit is, put a two-inch line under the roadway, we're not going to bother with the notification. Needs to be some common sense here, used on this intended revision, so that's why we put it there. MR. WHIDDEN: If I might just respond to that. First of all, going back to the 91 st Street situation, the adjacent property owners all were notified in that situation. We were concerned about the trees along 91st, and the -- you know, the entire neighborhoods were not notified, but certainly the adjacent property owners. That's how folks got notice. So if one is thinking that this is the countermeasure that will fix that kind of situation, it certainly will not fix that kind of situation. The other comment here is, although the staff-- and I think they're very sincere in saying that, you know, they certainly want us to apply judgment, put yourself in our position. How do we know-- you know, it just says, you know, any installation of any facilities in the right-of-way. How in the world do our engineers know-- yes, I Page 159 June 10, 2003 mean, we do have judgment and we'll exercise it, but that judgment may or may not be the same as the county's. And I just think, you know, that needs to be much better defined. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: I don't know if this is quite in the same lines, but did you give notice when you planned your substation on Wilson Boulevard? Was notice sent out to the surrounding property owners? MR. WHIDDEN: Yes. As a part -- actually a substation now, because it does involve site development and construction of a building and everything, although the electrical facilities do not come under the local Land Development Code, the development of the site does. And so like any other Land Development Code or development order, we did provide notice to all the property owners associated with that. And even prior to that, I'll tell you, even before we went to pull our permits, we also had a lot of communications with the neighborhoods out -- the neighbors out in that area. COMMISSIONER COLETTA: Thank you, sir. CHAIRMAN HENNING: I think the question that Mr. Whidden raised -- and this is for our legal department -- is he's saying that under state statutes, they cannot be regulated by local government. COMMISSIONER HALAS: That's true. CHAIRMAN HENNING: So we need to verify that when we bring this back to give the commissioners some advice. MR. WHIDDEN: Now, to be very clear now, I want to make sure we understand that, because we're not saying we cannot be regulated by local government. Clearly the county has the right to regulate the installation of the facilities, the utility facilities in the road rights-of-way, but what we are saying is that we do not believe we come under all the regulation associated with the Land Development Code, which is being cited as one of the standards here. Page 160 June 1 O, 2003 MR. MANALICH: Now, that may not be a problem as written in that if we confirm the authority that he's mentioned, these are the standards that apply to everyone. And if as a matter of other superseding law this does not apply, then it just won't be applied to them. So I'm not sure that we actually need to change anything. MR. KANT: That's correct. This is -- these standards have been mentioned in every one of the prior ordinances as well, so the whole point here was that we weren't breaking new ground. We were merely trying to update this ordinance into current standard. MR. MANALICH: Mr. Whidden, were you looking for-- I'm sorry, Mr. Chairman. CHAIRMAN HENNING: Might as well fix it while it's open. MR. MANALICH: Yeah. I was just asking, was he looking for specific language of exclusion, is that -- or are you comfortable with us simply checking the authority that you've cited, and if, in fact, we confirm it, then simply as a matter of administrative application, the language could stay the same but you would not be subjected to that? MR. WHIDDEN: Yeah, that's really -- I mean, we just don't want to be subjected to it, don't think we should be. So I mean -- you know, the cleanest thing, I think, for the -- for the utilities is that if we're not subject to it, then, you know, why should it be in there. But certainly if you want to just check the law and exclude it by administrative action, that's fine too. MR. MANALICH: Now, I'm not aware of any prohibition, however, on the notice requirement, any legal prohibition on requiring them -- unless you disagree with me -- to provide the notice. I think you're saying you think it might be overkill on this, but I'm not aware of any prohibition on that requirement. CHAIRMAN HENNING: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes. I was just wondering, do they also have to communicate with the county? I understand that they -- the need to communicate with the people in your-- in the vicinity, Page 161 June 10, 2003 but do you have to communicate with the county before you move forward? MR. MUDD: Commissioner, that's what the permit's for. They've got to come and apply in order to get in that right-of-way in order to do the work, so they are, based on their permit application, notifying the county -- COMMISSIONER FIALA: Oh, okay. MR. MUDD: -- of what their intention is. MR. WHIDDEN: Yeah. And certainly on larger projects, it's our -- this is of the changes in our procedures. Although we have, you know, in certainly very high profile projects such as transmissions lines, we've notified you in the past as county commissioners. But our intent is to have a lot more communications, you know, not only with the customers but with -- you know, with county elected officials also. CHAIRMAN HENNING: Okay. Thank you. Next speaker? MS. FILSON: Next speaker is Buddy Brunker, and he will be followed by Sergio Abreu. MR. BRUNKER: I'm Buddy Brunker. I'm public affairs manager with Sprint here in town. I am at 3400 Radio Road, Suite 107. Our concerns are basically the same as Grover Whidden and Florida Power and Light's in that we feel that the 300-feet notification needs a little bit more clarification, and we do have some concerns with the Land Development Code issue. But we're not impacted as much as Grover would be or Florida Power and Light in that most of our facilities are underground, so -- but we do have a concern with the notification and need some clarification on it, on how we do that, who needs to be notified, under what circumstances, that type of thing. CHAIRMAN HENNING: So it sounds like it's an opportunity Page 162 June 10, 2003 for our staff to work with you to -- MR. BRUNKER: Oh, we'd love to work with them. CHAIRMAN HENNING: -- communicate. MR. BRUNKER: Sure. Love to do that. CHAIRMAN HENNING: Thank you. MR. BRUNKER: Thank you. MS. FILSON: The final speaker is Sergio Abreu. MR. ABREU: Good afternoon. For the record, my name is Sergio Abreu. I'm with Teco Peoples Gas. Our address is 5901 Enterprise Parkway in Fort Myers. And in the interest of time, I'm here just to express our support of the position that the other utilities have taken, even though our facilities are also primarily underground -- as a matter of fact, entirely underground by requirement of the Florida Public Service Commission-- we do not oppose the notice provisions that are being proposed, we simply need to work to clarify so that we're clear what requirements we need to meet in order to make sure that our permits are not withheld. We want to make sure that the business side of what we're trying to accomplish here flows smoothly, and we want to make sure we understand what those requirements are that we're being asked to meet, as well as making sure that within those requirements, there are things that the county is requiring of us, that they have the authority to be able to -- to require us to meet including the Land Development Code, so that is our comments on the issue. Thank you. CHAIRMAN HENNING: Thank you. Mr. Riley? MR. RILEY: Yes, sir. CHAIRMAN HENNING: I see in the ordinance that we're asked to pass that -- states that community development is the enforcement of the ordinance in the handbook through code enforcement. Does community development know that they're going Page 163 June 1 O, 2003 to be the enforcement of this ordinance? MR. RILEY: The code enforcement, you mean -- the code enforcement, yes. CHAIRMAN HENNING: Okay. MR. RILEY: They have been the enforcer. CHAIRMAN HENNING: Okay. So that's nothing new? I -- MR. RILEY: Not really. The only thing new there for community development is that the deviations from specifications, the county engineer had the power to make some deviations from the guidelines. That power is now removed from community development services to transportation because all the permitting is done in transportation. It used to be in community development since last year, April 1 st. CHAIRMAN HENNING: Okay. MR. RILEY: But the enforcement has always been with the code enforcement, yes. CHAIRMAN HENNING: While I see there's opportunities, and if the commissioners want to give direction to work with the utility companies to put together a good document, my concern -- and I'll share it right now is -- that I think we're getting further and further of (sic) growing government, and, you know, we're asking to double the fees for the permit. And I just see opportunities for government to grow in an enforcement of this permit. And is this really what we want to do? Is it public health, safety, and welfare? So what's the will of the board? You want to continue this item? Want to scratch this item? Commissioner Coletta? COMMISSIONER COLETTA: Yeah. I, for one, feel that we have to make sure we not only cover our costs, but due process is served, especially as far as the consumer is concerned out there. Also, you know, I want to make sure that we don't get into Page 164 June 10, 2003 another one of these situations with transmission lines or telephone -- you know, we've lost a lot of our control due to the state legislative body and what they've given away in the past. There's very few controls we do have. There may be a time we want to negotiate with Sprint for possibly special rates for Immokalee or Everglades City, or we may wish to meet with our people from -- the cable vision people -- CHAIRMAN HENNING: District 3 -- COMMISSIONER COLETTA: -- to make sure that they provide services in a like manner to some of our rural areas that don't have it at this point in time. This might give us a little bit of leverage to work with, and I'm all for putting this through and keeping it about -- the way it is now. We come back and visit it later after we get some more twerking (sic). So I make a motion for approval. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: I'm sorry. I need to -- COMMISSIONER FIALA: Second. CHAIRMAN HENNING: -- finish up. Is there a second? There's a second by Commissioner Fiala. COMMISSIONER HALAS: I'd like to know, do you have statistics to see -- or to let us know as a board exactly how many complaints we've had from citizens on some of these proposed amendments that we want to make? Because obviously it had to be something that was driving this. And I'd just like to know what type of-- what we're looking at here statistic wise, because I think that's got to be part of the equation also for the answer. MR. RILEY: Are you talking specifically about the 91st? COMMISSIONER HALAS: Any situation similar to 91st or any situation similar to putting gas pipes down in people's neighborhoods or underground Sprint lines. Has there been -- has there been an increase in the amount of complaints? MR. RILEY: I don't know about increase because I've only Page 165 June 1 O, 2003 been doing this for about a year and couple of months. But on a regular basis, yes, we get complaints. COMMISSIONER HALAS: What was the driving force to address this? MR. RILEY: The latest fiasco we had on 91st and about -- couple inches of emails and telephone calls and memorandums. That was the driving force behind 91 st. COMMISSIONER HALAS: Okay. MR. KANT: Excuse me, Commissioner. To further answer your question, the driving force is that we review our ordinance that we work under on a regular basis. This particular ordinance obviously with a date of-- with a number of 93 dash something, is going on 10 years old. And about a year ago, as we were looking at a number of different ordinances and the different regulations that we work under, we felt that it was appropriate to review this, and it's taken a while because we've gone through a lot of reviews internally and through Development Services Advisory Committee, Productivity Committee, that type of thing. So that's what's driving the overall revision of this ordinance. The ordinance itself, in one form or another has been around since the late '70s, I believe. But this particular item, as Mitch points out, was really -- as I said earlier, the impetus was 91st Street line. COMMISSIONER HALAS: Okay. So basically all we're doing is just redressing a lot of the things that were already put in place years back? We're not actually increasing anything, we're just tightening up the standards; is that correct? MR. RILEY: That's correct. Making it better, in my opinion. For example, if I may explain. The drainage situation. Everybody knows in Collier County we have severe drainage problems in many of the neighborhood areas. The minimum size of pipe right now by the 93-64 is 12 inches in diameter. With this Page 166 June 10, 2003 ordinance, the minimum size is going to 15 inches, and that's going to improve the drainage overall, all over the county, quite a bit. The open/cut system. Right now, the ordinance allows lime rock compaction -- and I don't want to get into too many details. With this ordinance, we are obligating the contractor to use flowable fill, which gets rid of all the sediments in the roadway. So this is a great modification to something that's currently existing. COMMISSIONER HALAS: Safety and welfare; we're addressing those issues? MR. RILEY: Yes. CHAIRMAN HENNING: You know, I agree, there are good things in this ordinance -- MR. RILEY: Thank you CHAIRMAN HENNING: -- but I don't agree that it's a good ordinance. And I ask you, on the people in Naples Park, 91 st, how did they know that electric line was going across there? Did the -- did transportation notify them? MR. RILEY: I have no idea how they found out. The way I found out that they knew was through Mr. Mudd's and Commissioner Coyle's office, because I didn't know anything about it myself. CHAIRMAN HENNING: Okay. Let's apply common sense here. I'm sure that Florida Power and Light notified those people that that line was going there. Well, who did? MR. RILEY: I don't know that. CHAIRMAN HENNING: Commissioner Coletta did. COMMISSIONER COLETTA: I did, all by myself. No, not really. But I do want to point out the fact that in Golden Gate Estates we're a little bit behind the eightball in the fact that when the line was reconfigured, it all of a sudden came right down through some important neighborhoods in that area. And that caught everybody by surprise, and the results of that was that we formed a global Page 167 June 10, 2003 organization for all of District 5 to meet that one situation. It's grown into something else. But the thing was, is that, with a little more due notification, if there was a little bit better process out there other than just a little short notice in there that there's lines coming to Collier County, possibly these people might not have been so upset and would be able to respond in a more -- a timely fashion than what they had to do. It's a mad rush now to try to meet it, but we're a little bit late and behind the deadline on it. So that's one of the reasons why I'm supporting it. There's been too many complaints -- MR. RILEY: That's correct. COMMISSIONER COLETTA: -- about this thing happening. We went through the same thing with the city and with the schools, remember, where they were going in and putting schools wherever they wanted to. Then the state came out with an edict that said that they have to come through the regular process where they have to go out and advertise the meetings. It's all due process. That's what we are. That's what government is. It's not big government. It's good government. And that's our responsibility, to make sure the public is aware of what's happening. CHAIRMAN HENNING: Just throw a little fertilize on it, it will grow. Commissioner Coyle? COMMISSIONER COYLE: Yeah. I think the intent of the proposed ordinance is good, but we've seen that there are some holes. There's even some legal question as to applicability and enforceability. I think it would be appropriate to express our interest in approving this, but to delay the final approval until you've worked out those final details and gotten some input from the county attorney about the applicability and enforceability of some of these provisions. Page 168 June 10, 2003 It's not a big job, it's just closing a couple of holes that can result in confusion. And I think it's better to have it completed at the time we approve it rather than wait -- rather than approving it now, then waiting to go back and modify it later. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: I do resent the last remarks, Commissioner Henning. It was really out of character for you. But going back to this, I got a motion, we've got a second on the floor. CHAIRMAN HENNING: Tell me -- tell me what I said that offended you. COMMISSIONER COLETTA: Throw a little bit of fertilizer on it and it will grow, as far as my statement went. That was offensive. CHAIRMAN HENNING: It wasn't your statement. I'm talking about government. You throw fertilizer on it, it will grow. It wasn't towards your statement. It was just in general. COMMISSIONER COLETTA: It's just how it fell into place. If that was the case, then I accept your interpretations, and I'm willing to go on. But I'd like to call the question. CHAIRMAN HENNING: Okay. COMMISSIONER FIALA: Yes. I'll just make one more -- one further comment. I think this is important that we're -- that we have this communication online. I agree with Commissioner Coyle, that although this is a good amendment, as you've put it together, there are a few little fine points that need discussing, and so I would like to see us just finish those few points before we move further on it. CHAIRMAN HENNING: There's a motion on the floor. Commissioner Coletta called it. COMMISSIONER COLETTA: Okay. I withdraw the motion because Commissioner Fiala withdrew her second basically. Page 169 June 10, 2003 COMMISSIONER FIALA: Yep. COMMISSIONER COLETTA: But, however, I do want to mention the fact that we're talking about big industry here. I want to make sure that we don't do something that waters down our ability to be able to get some sort of control for the public over these utilities. COMMISSIONER FIALA: Well, I think this is exactly what this is all about. COMMISSIONER COLETTA: Well, in that case, I withdraw my motion and-- COMMISSIONER COYLE: And I would like to make a motion to instruct the staff to resolve these final minor details that we have discussed here today and bring back a recommendation to us at the next possible meeting. And just as a point of clarification, it would be my intent to approve it at that point in time. So I'm not interested in trying to delay it or water it down. I just want to get -- close the loopholes -- COMMISSIONER HALAS: Yep. COMMISSIONER COYLE: -- and then let's get on with it. COMMISSIONER FIALA: I'll second that motion. MR. RILEY: Thank you. CHAIRMAN HENNING: Motion by Commissioner Coyle, second by Commissioner Fiala. Any discussion on the motion? (No response.) 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: Opposed? Page 170 June 1 O, 2003 (No response.) MR. MANALICH: Commissioner-- CHAIRMAN HENNING: Motion carries, 5-0. MR. MANALICH: --just for clarification then. The ordinance advertisement is continued, to be brought back, the ordinance on a date certain, I believe, of June -- MR. MUDD: 24th. MR. MANALICH: -- 24th. CHAIRMAN HENNING: Is that -- was your intent of the motion -- COMMISSIONER COYLE: I said at the next practical date, and if that's the 24th, that's fine. MR. MANALICH: Yeah. So that's still in the time frame; we can just continue the advertisement for that. CHAIRMAN HENNING: Okay. Next item is 9(A), appoint members to the revenue commission. MR. KANT: Thank you, Commissioner. COMMISSIONER FIALA: Can I just add one last little thing. I just want to make sure that the way they tighten this up is, so that residents know when there are going to be lines installed right there, we want to clear that up. Thank you. MR. MUDD: We're not going to lose that, Commissioner. Item #9A RESOLUTION 2003-213 APPOINTMENT OF MEMBERS TO THE REVENUE COMMISSION AS CONTAINED IN THE F, XF, CI ~TIVE SI IMMARY-ADOPTED CHAIRMAN HENNING: Next item is 9(A), appoint members to the revenue commission. COMMISSIONER COYLE: Motion to approve. Do we have Page 171 June 10, 2003 to go down each one of them? COMMISSIONER FIALA: You know, I had a question about one here. CHAIRMAN HENNING: There's a motion, Commissioner Fiala, just -- COMMISSIONER FIALA: Oh, okay. I'm sorry. CHAIRMAN HENNING: There's a motion on the floor to approve. Is there a second? COMMISSIONER HALAS: Second. CHAIRMAN HENNING: Second by Commissioner Halas. Commissioner Fiala? COMMISSIONER FIALA: Yes. It doesn't say in here anyplace that we can't have a Lee County person, right? It's okay that -- they didn't write yes in there, they wrote Lee. And I just wanted to -- MS. FILSON: That's because he's from Lee County. And normally when we let represent -- or organizations submit representatives to represent them -- COMMISSIONER FIALA: Yes. MS. FILSON: -- sometimes they are from out of county. COMMISSIONER FIALA: Okay. So it is acceptable that we can do this? I mean, the City of Marco -- MS. FILSON: Yes. I checked with the county attorney's office, and it is okay. COMMISSIONER FIALA: As recommended, and I just want to make sure we did that all legally. CHAIRMAN HENNING: Any other questions? (No response.) CHAIRMAN HENNING: saying aye. COMMISSIONER HALAS: COMMISSIONER FIALA: All in favor of the motion, signify by Aye. Aye. Page 172 June 1 O, 2003 CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries, 5-0. Item #9B RESOLUTION 2003-214 APPOINTING JOHN DOWD, DR. CHARLES ZINN, AND SCOTT GIRARD TO THE LIVINGSTON ROAD BEAUTIFICATION MSTU ADVISORY COMMITTEE- ADOPTED Next item is appoint members to the Livingston Road Beautification MSTU Advisory Committee. COMMISSIONER COYLE: Make a motion we appoint John Down, Charles Zinn, and Scott Girard. COMMISSIONER FIALA: Second that motion. CHAIRMAN HENNING: Motion 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: Opposed? (No response.) CHAIRMAN HENNING: Motion carries, 5-0. Item #9C Page 173 June 10, 2003 RESOLUTION 2003-215 APPOINTING SCOTT SALLEY TO THE COI,IJIF, R COIINTY CITIZF, NS CORPS.-ADOPTF, D Appoint members to the Collier County Citizen's Corps. There's only one on here, it's Scott Salley, I believe. COMMISSIONER FIALA: Yes. CHAIRMAN HENNING: No, Robert Burhans. MS. FILSON: Robert Burhans has -- is resigning, and the sheriff is requesting Scott Salley. CHAIRMAN HENNING: And there's a motion by -- COMMISSIONER COLETTA: Motion to approve. CHAIRMAN HENNING: Commissioner Coyle (sic) -- COMMISSIONER FIALA: Second. COMMISSIONER COYLE: CHAIRMAN HENNING: -- Fiala. Second. Coletta. Second by Commissioner All in favor -- sorry about that. COMMISSIONER HALAS: Aye. 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: Opposed? (No response.) CHAIRMAN HENNING: Motion carries, 5-0. Item #9D Page 174 June 10, 2003 APPOINTING COMMISSIONER FIALA, COMMISSIONER HALAS, AND COMMISSIONER COLETTA AS REGULAR VALUE ADJUSTMENT BOARD MEMBERS AND COMMISSIONERS COYLE AND HENNING AS ALTERNATE MEMBERS (VAB TENTATIVE DATES OF OCTOBER 7, 8, AND 13. 2003~- APPROVF. D Appoint commissioners to the Value Adjustment Board and set a tentative date for hearings. MS. FILSON: And Commissioner Henning, on this issue, besides making the appointments, there have been a lot of changes, and you have to actually hire special masters. And I believe Ellen Chadwell from the county attorney's office is going to explain that to you. CHAIRMAN HENNING: Great. Is she here? COMMISSIONER COYLE: Yes, but she didn't know she was going to explain it. MS. CHADWELL: Good afternoon, Commissioners. Sue is correct, there was some legislation that was passed in 2002, I believe, that took effect January 1, 2003. We are going to -- the Value Adjustment Board will have to hold an organizational meeting before you meet in October. At that organizational meeting, it is -- we'll have to establish procedures to basically exchange exhibits or evidence lists between the petitioner and the property appraiser's offices. We'll have to establish some general procedures for the conduct of the hearings. I would envision that that's largely modeling off of the statutory procedures. There's nothing that we need to probably go into detail about for that. But you will also have to appoint some special masters to hear -- basically do your job as a Value Adjustment Board. They can't make a final determination, but they will be making a recommendation to Page 175 June 10, 2003 the Value Adjustment Board as to questions on exemptions, is the property or the petitioner entitled to a homestead exemption, classification. If you-all recall in some of your experiences over the past few years, sometimes you get a petition on whether their properties should be classified as agricultural, and if they've been denied that, they may petition that. Those two types of challenges are going to be heard by a special master who, according to the statute, has to be an attorney. Then you have challenges on the tax assessment issue on real estate. And according to the statute, you have to appoint a special master who is a licensed real estate appraiser. As far as the tangible personal property issues that -- petitions that you sometimes hear as a Value Adjustment Board, you'll need to appoint, again, a special master who is schooled and practiced in the appraisal of personal properties. So the law contemplates that we pick people who are schooled in those areas to assist in hearing those petitions, make findings of fact, and then make a recommendation to the Value Adjustment Board, which will then be heard in your typical October hearings. What I would ask, because we do -- the time frame is so short from the -- I think we expect the trim notices to go out mid August, hopefully mid August, you have 60 days within which to ultimately hold the VAB meetings. There's a 125-day period within which a person has to file their petition after they receive their notice or their appeal, so to speak, and then we have to notice the hearing 20 days in advance, so we have to hold an organizational meeting by the Value Adjustment Board to set forth the procedures and appoint the special masters no later than August. Sue thought maybe end of July, and that to me is a great idea. But, again, we'll have to coordinate with the other two school board members and alternates to set up that meeting. Page 176 June 10, 2003 I would ask that before you -- that you consider that when you decide who's going to be appointed on the Value Adjustment Board, because if anyone has a 30-day out-of-the-country vacation planned, that might need to be taken into account, so -- the organizational meeting, we're looking at maybe a couple hours. I don't think that that would take more than a half a day. Again, it's the coordination that's going to be difficult. And the special master hearings will have to be held -- we can't get started till the last two weeks of September. We'll have two weeks to hold all those, so it's going to be, boom, you know, days upon days of hearings. And, of course, there is a fiscal impact to that. The Value Adjustment Board is going to have to pay for the cost of the special masters. But we will be providing a list of those qualified individuals at the org. meeting, and it will be those members' job to then appoint those special masters and decide issues relative to compensation and how you want to notify the public and things of that sort. But it's nothing that can't be handled and I -- like I said, a half a day meeting, but we would like that to be done late July or sometime in August, and I know August is your vacation month so -- CHAIRMAN HENNING: It is? MS. FILSON: I thought maybe if the meeting didn't run over the 29th to the 30th, maybe there would be time on the 30th to have that meeting when you had all planned to be here. MS. CHADWELL: And I did talk to the school board person, and they have a meeting on the 24th. Evidently they usually take the month of July for their, kind of, break period. They're meeting on the 24th, so I -- and then they have their two meetings in August. So they'll be pretty much back to business, I think, from July 24th forward. So that -- it's feasible that we could plan something the end of July. CHAIRMAN HENNING: Commissioner Halas -- or I'm sorry. Page 177 June 1 O, 2003 Commissioner Fiala? COMMISSIONER FIALA: Thanks. Well, I've been on the last couple years, and I know it's not anything we usually jump at, but I don't mind volunteering again to do that. If you'd like me to do that, I will be here in October, and, of course, the 29th and 30th of July, so I'll throw my name in the hat if you'd like. MS. FILSON: Actually, I need three members, two alternates. COMMISSIONER FIALA: I probably didn't sound real enthusiastic, but I'll do it. COMMISSIONER COYLE: I'll volunteer as one of the alternates. MS. FILSON: Okay. CHAIRMAN HENNING: Yeah, I will too. Commissioner Coletta, you had something? You had your hand up? COMMISSIONER COLETTA: No, I've been holding it real close to the table. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: It's just the idea, I guess, this -- this is -- it's coming back, like you said earlier, that we put a little fertilizer on it, and it grows, right? I guess this is one case where -- CHAIRMAN HENNING: Sure. COMMISSIONER HALAS: These are new mandates; is that correct, compared-- MS. CHADWELL: But remember, it will make the Value Adjustment Board's job a lot easier because most of the matters are going to be heard by the special masters, and you'll simply be approving a recommendation or denying a recommendation. COMMISSIONER HALAS: Now, what's the cost going to -- what's the cost going to -- are we going to incur? MS. CHADWELL: In checking with the Department of Revenue -- well, I think you probably need one special master for the Page 178 June 10, 2003 exemptions. And looking back last year, we had 100 petitions that went forward, and I think about 80 of those were real estate, so I think you need two or three real estate special masters. According to the Department of Revenue, they run from $65 an hour to $200 an hour in different -- across the state on their polling, so -- CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: I'd like to volunteer Commissioner Halas to be one of the regulars. COMMISSIONER HALAS: Thanks a lot. I'll volunteer you, too, Coletta. CHAIRMAN HENNING: Well -- MS. CHADWELL: It's a wonderful experience. COMMISSIONER COLETTA: Okay. I'll do it if you do it. CHAIRMAN HENNING: That's a question. MS. FILSON: We have -- we have coordinated the dates of Tuesday, October 7th; Wednesday, October 8th; and Monday, October 13th, for the Value Adjustment Board. But I'm thinking that you may only have to use one of those days, and the special masters may use the others. CHAIRMAN HENNING: Okay. MS. FILSON: And so I have Commissioner Fiala, Halas, and Coletta as members, Commissioner Coyle and Henning as alternates, correct? CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: This is worse than the army. CHAIRMAN HENNING: You did say yes, but -- COMMISSIONER HALAS: Yes. I guess I ain't got much choice. COMMISSIONER COLETTA: Yeah. I'm not going to be left out of this. CHAIRMAN HENNING: No, I think we all have a choice. But thank you very much. Page 179 June 10, 2003 COMMISSIONER HALAS: You're welcome. MS. FILSON: I think you may need to take a vote on that. CHAIRMAN HENNING: Entertain a motion. COMMISSIONER COYLE: Motion to approve the selection. COMMISSIONER HALAS: I second it. CHAIRMAN HENNING: Motion by Commissioner Coyle, 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: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries, 5-0. MS. FILSON: Thank you. Item #9E RENEGOTIATE AND APPROVE A COUNTY ATTORNEY EMPLOYMENT AGREEMENT WITH COUNTY ATTORNEY DAVID W. WFJIGF, I,-APPROVFD W/AMFNDMF, NTS CHAIRMAN HENNING: Next item is recommendation of the Board of Commissioners, enter into negotiations, approve the county attorney employment agreement with the county attorney, David Weigel. Mr. Weigel. MR. WEIGEL: Good afternoon, Commissioners. David Weigel, county attorney. This is the return of the proposed county attorney contract Page 180 June 1 O, 2003 employment agreement. It's similar in many ways to what was before you two weeks ago, but the board did indicate that they wanted some clarification, particularly equal to equal, and also in regard to the old sick days, pursuant to the old 1996 cap that pertains to the old employees that were here prior to 1996, which was -- I'm still one of them. The agreement was made to look far more closely to the county manager agreement putting in such additional provisions such as for suspension. It provides the same kind of annual review, with provisions for the annual review that the county manager has. It more specifically -- in fact, my contract never specifically talked of an action plan or a merit plan. Although I've had one for the last three or four years, it's been very specific, developed initially by former Commissioner Carter, so that also comes into official recognition within the contract. We've clarified the universal leave, took out a couple words, such as an additional, referring to the 30-day computation, which is in there. In chatting with Jim Mitchell on behalf of the clerk and looking for clarification in regard to the accumulated sick days of that pre '96, which has a set valuation -- and by the way, although it's referenced in this contract, it applies to all employees, contract or noncontract employees who were there prior to that time. Part of the discussion we've had, and I would like the board to entertain, is for ease of administration -- and Jim talked about administration -- would be the -- just the pay-out of that amount, and so it's just gone, it's paid now in 2003 dollars and doesn't continue to harbinger on. CHAIRMAN HENNING: I agree with that. COMMISSIONER HALAS: Yes. COMMISSIONER FIALA: I do too. MR. WEIGEL: Thank you. It's, of course, very clear in regards Page 181 June 10, 2003 to the senior management services class. It goes back to 19 -- back to '98, which, of course, is the intention of my prior 1998 contract. I want to say that under that prior contract, I've had the -- of course not only the ability and the obligation to serve this board and the citizens, but it's been a wonderful process. I think that we have now a very dynamic and interesting mix of attorneys, more than ever before, who have been coached and counseled both through you and through me to be very solution-oriented, and we hope to continue that process. Only other thing I would add in regard to the equal to equal is that the universal leave contemplates bringing over my current vacation hours that I have, and I am not -- did not write in bringing over my sick leave hours that I have accumulated since 1996, which is approximately 600 something as far as that goes. If I were to do so -- and that would make it identical to Jim Mudd's contract in the sense that he brought over his sick leave as well as vacation leave in the universal leave. But if I were to do so, I must be quite frank, and that would -- that would bring over about 600 hours, which is well over the 360 cap which is written in there, and you would have an additional payout to me. Now, that would be a wonderful thing to me, but it's significantly different from the way employees generally are covered post 1996, and so I'm not requesting that. If the board were to entertain a further dot and tiddle to this agreement, it would be -- and again, I think, consistent with the equal to equal -- would be to make the senior management service class back to 1995, which is the time when I became county attorney. The senior management services class has been available, for instance, to the chief assistant county attorney for some time. And under state law, that could have been equivalent for me as well. So I might ask for that. If you wish to enter that further, if you have any questions, I'll Page 182 June 1 O, 2003 try to respond. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes, I do have. First of all, I think you've really served us well and served us loyally, and I -- and I appreciate your truthfulness there in trying to help us to understand. I did have a question, and you're helping me there, under the insurance, vacation, and sick leave in number D, where it talks about -- I know you've explained to me a little bit about universal, I agree that you should be there. But then I didn't know how that worked out with the sick leave days accrued between August 2nd and the effective date, and shall continue to exist, be credited and administered. That isn't the same as the universal, is it? Did you want to change that around? MR. WEIGEL: Well, I tell you, as I mentioned, it would be wonderful if that were converted into universal leave. But then what you would -- and it would be very easy for the clerk to administer that way. But it would have an additional cost to the board, which I don't think you necessarily contemplated, and I have not brought it forward. But what that means is the approximately 600 plus hours of non-used sick leave since 1996 would be calculated into my universal leave, and I am to be paid for all hours over 360 hours of universal leave so that upon my departure from county service, hopefully on slab and not -- but at any rate, upon that departure it would be -- the idea is not to have to have a large payout at that time, and that's why the 360 hour cap is there. So if I'm automatically, in moving my post 1996 sick hours into universal leave, under the provision of the contract you'd have an additional payment to make me -- to make to me to bring me below the 300 -- at or below the 360 hours that is my cap. Beyond that I am to be paid now so it's not a big payout later. COMMISSIONER FIALA: So from what you just said, did you Page 183 June 10, 2003 say continue to -- did you say to eliminate that part that says continue to exist, be credited and administered? MR. WEIGEL: No. COMMISSIONER FIALA: Because you're going now back under the universal, is that -- I just wanted to make sure the words were understandable to me. MR. WEIGEL: Those words -- I think those word are precise and correct, because I took out -- there is -- it never said in that provision, and valued. They have no value other than sick days. If I were sick, I could use them. After all -- COMMISSIONER FIALA: I see. MR. WEIGEL: -- I did earn them just as all other employees did since 1996. COMMISSIONER FIALA: I understand. MR. WEIGEL: I'm just not trying to create it into a -- call it a super bonus situation for me. Again, the other dot and twiddle would be, just if you wanted to go back to the 1995 senior management services class. No other thought on my part. COMMISSIONER FIALA: What does that do when you go back to '95 rather than '96? What does that add, or how does that help you? I don't understand. MR. WEIGEL: Okay. Ultimately -- and Jim actually knows this better than I do, but ultimately upon retirement age -- and I have almost 18 years with the county as an employee. But upon retirement age, which comes hopefully not before 62 in the context of withdrawing against state retirement, if I've been in the senior management services class a little bit longer, it adds a little bit more of what the state pays me later on. COMMISSIONER FIALA: Oh. MR. WEIGEL: It requires a little more -- a little more, less than a half percentile, a half-- yeah, less than a half percentile Page 184 June 1 O, 2003 computation, contribution from the county on an annual basis. That money is paid into the state, then they administer it later to the employees who are ultimately on retirement. COMMISSIONER FIALA: And you've been serving in that capacity anyway since '95. I don't have a problem with that at all. COMMISSIONER HALAS: I don't either. CHAIRMAN HENNING: Commissioner Coyle, do have you anything? COMMISSIONER COYLE: No. CHAIRMAN HENNING: Okay. Any further discussion, questions? MR. MITCHELL: I need a little bit more clarification on the sick leave issue. David, you're separating your sick time pre '96 and post '96. And am I correct in saying that you're going to forego the value of that -- that post '96 value and accept a payment, the value that was established for the vacation that was on the books for 19967 MR. WEIGEL: Well, see, not the vacation, but the sick-- MR. MITCHELL: I'm sorry, the sick, yes. MR. WEIGEL: -- days. The reason being, as we've gone and looked through the HR policy, which was put in place in '96 and still exists today, is that upon a long-term employee's retirement, the county, in administering the payout of accrued but unused sick leave, will look at those sick hours accumulated prior to August 8th of 1996 and look at the employee's sick hours that are accrued after 1996, apply the computation which is there for me, in this case 35 percent value of those hours at my '96 salary, which comes to around $12,000, and then compare the additional 600 hours which may be added to, with good health, at the time of leaving the county, the second group of hours. Those post 1996 hours will be valued at some percentage based upon my time of being here, which is a lot longer than the 10 years back in 1996, at my current salary. And so Page 185 June 1 O, 2003 if-- the formula says that I'll be paid the lesser of either one of those from a value standpoint, so I can see the writing on the wall pretty much, is I'm going to be paid for those early sick hours that were accumulated pre '96 -- COMMISSIONER HALAS: Exactly right. MR. WEIGEL: -- because by virtue of higher salary and computation of hours, the second tier of hours, from '96 till now or in the future, is going to be worth more, and the county under its policy wouldn't be paying for that anyway. MR. MITCHELL: So am I correct in saying you're going to extinguish your sick balance for the value of $12,877.16? MR. WEIGEL: The pre '96 hours. MR. MITCHELL: The pre '96 hours. MR. WEIGEL: You know, to August 8th. COMMISSIONER HALAS: Taking cash payment out right now. Is that what you're saying? You're taking a cash payment out as of now? MR. WEIGEL: Yes. Now, this wasn't my idea, but I thought it sounded fine for ease of administration. CHAIRMAN HENNING: Say that again. MR. WEIGEL: Well, I said, this idea didn't initiate with me, but the fact that it was suggested as an option for ease of administration, it sounded fine to me and it removed it from being an issue of administration in the future. COMMISSIONER HALAS: Yeah. CHAIRMAN HENNING: And I think that's where the board wants to go. I see those indications. So entertain a motion at this time. COMMISSIONER HALAS: MR. MITCHELL: Uh-huh. COMMISSIONER HALAS: COMMISSIONER FIALA: Are you satisfied with that? Okay. Okay. Then I'd like to make a Page 186 June 1 O, 2003 motion that we approve. CHAIRMAN HENNING: With the amendments? COMMISSIONER FIALA: Do I need to -- would you like me to read this so that we have that in the record? CHAIRMAN HENNING: Approve with the amendments discussed by County Attorney David Weigel and the Board of Commissioners. COMMISSIONER FIALA: Oh, thanks. That's the motion I want to make. COMMISSIONER HALAS: And I'll second that. CHAIRMAN HENNING: There's a motion by Commissioner Fiala, second by Commissioner Halas. All in favor of the motion-- COMMISSIONER FIALA: With amendments. CHAIRMAN HENNING: With amendments. 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. We've got one more -- MR. WEIGEL: Thank you very much. CHAIRMAN HENNING: Thank you. MR. WEIGEL: And Mr. Chairman, Commissioners, aside from my gratitude, I want to mention that this next week I'll be assuming the presidency of the Florida Association of County Attorneys, which works very close with the Florida Association of Counties. I think that both from that standpoint, of our meeting, us as a Page 187 June 1 O, 2003 county operating in that arena, and some plans that we have for the office, we'll continue to represent you well. Most recently, we've, as an office, have worked very hard on very difficult litigation, daunting issues, with, I think, wonderful results, and we're going to endeavor to continue in that fine vein. Thank you very much. COMMISSIONER FIALA: David, you have worked hard for us. Your whole team has come together, and whenever we need any advice or guidance, you've always been there, and this is our way of thanking you, too. MR. WEIGEL: Thank you. Item # 1 OB RESOLUTION 2003-216 APPROVING COLLIER COUNTY'S PARTICIPATION IN THE FLORIDA TAX AMNESTY PROGRAM JULY 1 THROUGH OCTOBER 31, 2003 COVERING IJOCAI~ OPTION TOI ~RIST DF, VF, IJOPMF, NT TAXES-ADOPTED CHAIRMAN HENNING: Before we take a break, there's just one small item here, 10(B), approve the Collier County participation of Florida Tax Amnesty Program, July 1 through October 31st, '03, to cover option -- local option tourist tax development. This -- MR. MUDD: This item -- this item came to us by the Florida legislature, gave us a short wind order to make ourselves availed to a particular program. What it basically does for the next four months, it lets people come and pay their tourist taxes without threat of prosecution. And we thought it would be prudent if we made -- if we availed ourselves in this county of this program in order to let people who forgot to pay their tax come forward and do that as honest, dedicated tax paying citizens of Collier County, and we need an approval to do that, and then I will contact the Tallahassee office and tell them that Page 188 June 1 O, 2003 the program is intact in Collier County based on your approvals. CHAIRMAN HENNING: And the tax collector supports this item, so I'll make a motion to approve. COMMISSIONER COYLE: Second. CHAIRMAN HENNING: Commissioner Fiala? can COMMISSIONER FIALA: COMMISSIONER COYLE: Yes. First I'll second it so that we Second. CHAIRMAN HENNING: Commissioner Coyle grabbed that. COMMISSIONER FIALA: Oh, did he? Okay, great. I had two questions. Number one, when we tell people they have the opportunity to -- CHAIRMAN HENNING: Either pay up or go to jail. COMMISSIONER FIALA: -- to have no penalties or whatever, number one, how do we notify all of those that have never paid? I mean, we've got a lot of people out there that we don't collect from at all, and I'm sure that we -- MR. MUDD: Newspaper. COMMISSIONER FIALA: -- I'm sure that with our load right now, it's been hard for us to track those people down, but they increase all the time. And is there a way for us to tell those people who have rented for five months and three days that they owe a tourist development tax or a bed tax, and the second thing I wanted to know while I've got you up there is, how do we enforce that? MR. WERT: Okay. Jack Wert, tourism director. Your first question, the tax collector's office does a really good job of sending out periodic messages. And I don't want to speak for them. They have a whole program that they've outlined with me of follow-up. We are also going to do some publicity on this amnesty program and get some stories in the newspaper and, perhaps, in the broadcast media as well that this program exists, and -- but it, in fact, is a very short window between July and October for them to sign up and Page 189 June 10, 2003 begin to pay the tax. COMMISSIONER FIALA: But we want to put a lot more money in your coffers. MR. WERT: Right, I do, too, this is why I was supportive of this, that we may be able to find some. Your second part of the question on the enforcement. COMMISSIONER FIALA: Yes. MR. WERT: That also is -- the county tax collector and I have been talking, and there is a whole program on how they -- they enforce things as well. CHAIRMAN HENNING: Or we could -- MR. MUDD: Code enforcement. CHAIRMAN HENNING: -- spread some government fertilizer on there to get some -- MR. MUDD: Code enforcement also does it, Commissioner. And for the record, for everybody out there that's watching, if you rent out your condo or your apartment for less than a six-month period of time to the same person, you're supposed to collect bed tax, and that bed tax is supposed to be turned over to the tax collector of Collier County, and that's what we're talking about. If you have a rental property out there and you rent it to a month -- for a month to your Fred -- to your friend Fred, Matilda, Mildred, whomever, okay, and then you rent it out another month to somebody else that's a friend and to another person, you're supposed to be collecting that bed tax for that month rental, and that tax gets turned into the tax collector. The only people that are exempt from that is if you have a long-term renter in your -- in your particular condo or apartment past the six-month period of time and they are continually there, and that's what this exemption is about. If you forgot to pay your bed tax on your short-term rentals, then you need to turn that in to the tax collector without threat of prosecution. Page 190 June 10, 2003 CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Do we have an education program that's set forth in the county? There may be a lot of people that don't realize this, that on their own, go out there and rent their properties, and how do we -- and first of all, how do we educate them, and secondly, if there are individuals that are doing this, then how are we going to, you know, enforce the law? MR. MUDD: We'll get with the tax collector and see what things that he would like to do as far as education and -- because you're at the end of the tax collector's business at this particular time. COMMISSIONER FIALA: You can hear us encouraging tightening of those. MR. WERT: We hear. CHAIRMAN HENNING: (No response.) CHAIRMAN HENNING: motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: (No response.) CHAIRMAN HENNING: Any more discussion on this item? Seeing none, all in favor of the Opposed? Motion carries, 5-0. We're -- made arrangements with the Clerk of Court and the court reporter that the court -- give the court reporter a break every hour and a half, and our court reporter's in -- expecting, so even more of a reason to take a break, but we want to get to the issues of Naples Park. So let's take an eight-minute break. (A recess was taken.) CHAIRMAN HENNING: Would everybody take your seats, Page 191 June 10, 2003 please. Item # 10E THE DEFERRAL OF A TDC CATEGORY "A" GRANT APPLICATION FOR THE MAINTENANCE PLACEMENT OF SAND ON HIDEAWAY BEACH IN THE AMOUNT OF $600,000- APPROVED Next item is 10(E). MR. MUDD: Ladies and gentlemen, could you please take your seats. CHAIRMAN HENNING: Next item is 10(E), to approve the deferral of TDC fund, grant A applications for maintenance of-- replacement of sand on Hideaway Beach in the amount of 600,000. Commissioners, the TDC board took this up, and they recommend to defer this until the CAC and the TDC bring up some language for beach access. After the TDC did vote on that, it was our understanding that this might jeopardize our permit for Hideaway Beach. So if that is the case, I would ask the Board of Commissioners to approve the expenditures so we don't violate the permit. COMMISSIONER FIALA: Thank you, and I'll second that. CHAIRMAN HENNING: That wasn't a motion, I -- just a verification. COMMISSIONER FIALA: Well, then I'll make the motion. CHAIRMAN HENNING: Okay. COMMISSIONER FIALA: So we do not jeopardize our permit with the FDEP, we approve this $600,000 for Hideaway Beach T-Groins. CHAIRMAN HENNING: And I'll second that, but I have to ask -- Page 192 June 1 O, 2003 MR. MUDD: It's the sand. COMMISSIONER FIALA: Sand, sand okay. I'm sorry. CHAIRMAN HENNING: I have to have staff verify that if we don't approve this item and-- we do violate the permit. MR. HOVELL: For the record, Ron Hovell, coastal projects manager. Commissioners, the permit that allowed for the construction of the temporary T-Groins requires annual monitoring and a certain maintenance of the beach profile along the sections of Hideaway Beach where those temporary sandbag T-Groins were constructed. And from 1996, and maybe even a little before that, every winter, including this past winter, we've added some amount of sand to Hideaway Beach under that same permit requirement. So yes, it's our estimate that we are, again, going to have to add sand to Hideaway Beach this winter in order to stay in compliance with the permit. CHAIRMAN HENNING: Okay. Thank you. Commissioner Coyle -- or Coletta. COMMISSIONER COLETTA: Yes, thank you. Has anything changed as far as the access issue goes for Hideaway Beach? MR. HOVELL: Not that I'm aware of. COMMISSIONER COLETTA: So we're going to spend -- COMMISSIONER FIALA: No, no, no. That's -- I'm sorry to interrupt you, but things have changed. And I'm sorry that you don't know about that, Ron. I'm sorry that you haven't been -- we've -- Hideaway Beach has been working very hard with us, but that doesn't pertain to this particular one. This has to do with that permit and we don't want that permit to expire. Isn't that correct? MR. HOVELL: The temporary construction permit also expires in March of 2004. And as we move forward, probably this summer, early fall, and submit a permit application, assuming that gets approved, to replace the temporary structures with permanent Page 193 June 10, 2003 structures, we would also be asking that the permit be extended until such time as we're able to place the permanent structures on the beach. COMMISSIONER FIALA: May I ask how successful it's been, by the way, the temporary T-Groins? Have you found that to be a success -- a successful experiment, with the temporary T-Groins? MR. HOVELL: I think part of it, you know, is just the structures themselves. Do they do a job, yes, they do. The second part is, are they in the right spot. And with the migration of Coconut Island, it has kind of changed where the right spot to have structures -- need to go in the future. So, you know, a careful yes, I suppose, is the answer. COMMISSIONER COLETTA: If I could finish up on where I was and come back to you. COMMISSIONER FIALA: Sorry. COMMISSIONER COLETTA: No, that's quite all right, Commissioner Fiala. I'm always very interested to hear any breaking news. What do we not know that we should know or could know, or is it a big secret? COMMISSIONER FIALA: Do you want me to talk about it a little bit now? I was going to talk about it on the next item, but I'd be happy to tell you that Hideaway Beach has taken the initiative to offer access to their beach. They have property right there that they can offer from Spinnaker, which is the street going in front of Hideaway all the way back to the beach. And by the way -- and, gee, I hate to give this away now, but as long as you're pushing for it -- and it adjoins empty -- two empty lots there that we can buy and we can put a parking lot on and bathroom facilities on, and we'll have everything that we want right there. COMMISSIONER COLETTA: Wonderful. There's no objection. COMMISSIONER FIALA: Everybody's a winner here. Page 194 June 10, 2003 Everybody's a winner. COMMISSIONER COLETTA: No objection to this at all. CHAIRMAN HENNING: We do have some public speakers on this, and you have the right to waive if you disagree (sic) with the board's action on this item. MS. FILSON: Mr. Chairman, my notes indicate that we're going to hear 10(E) and (F) together, and I have 5 speakers for 10(E) and five for 10(F). CHAIRMAN HENNING: The same ones? MS. FILSON: No, some of them, but not all of them. CHAIRMAN HENNING: Okay. We'll call up the public speakers. MS. FILSON: MR. ARCERI: together? Okay. John Arceri. Are you going to cover 10(E) and 10(F) CHAIRMAN HENNING: No, we're only doing one at a time. So if you disagree (sic) with the action that we're about to take -- MR. ARCERI: No, I'd rather waive and go on 10(F). CHAIRMAN HENNING: Thank you. MS. FILSON: Okay. And the next speaker is David Somers. CHAIRMAN HENNING: Waive. MS. FILSON: Jim Snediker. CHAIRMAN HENNING: Waive. MS. FILSON: Ruth McCann. CHAIRMAN HENNING: Waive. MS. FILSON: Bruce Anderson? CHAIRMAN HENNING: Waive. Okay. That's it. Any further discussion on the motion? (No response.) CHAIRMAN HENNING: Seeing none, all in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. Page 195 June 10, 2003 COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries, 5-0. Item # 1 OF DEFERRAL OF A TDC CATEGORY "A" GRANT APPLICATION FOR THE RENOURISHMENT AND REPLACEMENT OF TEMPORARY T-GROINS ON HIDEAWAY BEACH IN THE AMOUNT OF $2,300,000-DEFERRED UNTIL CAC, TDC, AND BCC AGREE ON POLICY AND THEN FUNDS WILL BE RELEASED. THIS ITEM TO BE BROUGHT BACK ON THE SEPTF, MBER 23. 2003 AGENDA Next item is 10(F), formerly known as 16(A)13, approve the deferral of TDC category A, application for a renourishment and the replacement of the temporary T-Groins on Hideaway Beach in the amount of-- I see $2.3 million on the agenda, and the item is four point -- COMMISSIONER COYLE: Five seven seven. CHAIRMAN HENNING: -- five seven seven, so which one is it, County Manager Jim Mudd? MR. MUDD: It was read in at the beginning part, and this is, the Coastal Advisory Committee recommended approval of $2.3 million for the structures portion of this grant application at their meeting on May 8, 2003. The hydraulic fill portion of this project was recommended for consideration in the following budget year, and that was the correction to that particular item that was read in Page 196 June 1 O, 2003 this morning. CHAIRMAN HENNING: Okay. So the action is not to defer, it is to fund it, and I'm sure that's what Commissioner Fiala wants to deliver. COMMISSIONER FIALA: Uh-huh. CHAIRMAN HENNING: And she says yes. Any discussion? (No response.) CHAIRMAN HENNING: Does our staff want to give the public a little bit of knowledge of what action we're about to take? MR. MUDD: Commissioner, this is a -- this is the deferral action that the staff brought forward based on the TDC. The previous item that you approved, you approved to not defer the $600,000 on the budget. Staff's recommendation, based on information that we know right now is to defer this -- to defer this item. CHAIRMAN HENNING: If the placement of the permanent T-Groins is in March, and from -- I understand that we're going to get some recommendations from CAC and the Tourist Development Council in September. So I would ask if, by deferring this until we have that recommendation, would that jeopardize anything as far as permits? MR. HOVELL: Again, for the record, Ron Hovell. Sir, the currently-approved project is to design and permit the major renourishment and the replacement of the temporary structures with permanent structures. Sort of a second phase of that is the grant application in front of you, which is to fund the actual construction, so it would be staff's intent to go ahead and apply for the permit and seek an extension to the existing temporary structure permit pending both the construction and funding and permitting of the permanent solution. So, no, I don't think deferring a decision at this point would impact the overall Page 197 June 1 O, 2003 schedule. CHAIRMAN HENNING: Okay. We have some speakers on this? MS. FILSON: We have five speakers, and most of them are the same ones. John Arceri. He will be followed by David, and I think it's Jonas. COMMISSIONER FIALA: Somers. MS. FILSON: Oh, you're right, Somers. MR. ARCERI: Good afternoon, Commissioners. For the record, my name is John Arceri, a member of Marco Island City Council, also a member of the Coastal Advisory Committee. First I want to say that I totally agree with the goal of increasing beach access. I do have concern, however, on the process that's being used to get us there, and I think that process influences some of the decision-making. I wanted to go through all of my concerns, a couple of which were -- staff had recommended as far as funding policy, but I'll skip that because I do have a handout of my comments to give you after the meeting. I'll save some time by not going through my concerns about what staff recommended to you. I do have some concerns though about what TDC recommended to you. They recommended exclusion and deferral of only the beaches near Hideaway, or for the beaches near Hideaway, and that's the only major renourishment need on Marco Island, without any new criteria for any rationale for eliminating just that project. I was also concerned that the chairman of the Coastal Advisory Committee, who supported the unanimous recommendations of that committee to fund these projects, then voted against a plan as a member of the TDC. I'm concerned that the TDC recommended over $9 million in Naples funding, all of which is justified and I fully support, even though some of these areas also have serious access problems that Page 198 June 1 O, 2003 make it virtually impossible for tourists and others to get to the beach. I'm also concerned that some of the county leaders would write off prior agreements and commitments, dismiss the fact that the county, in fact, had designed the present beach access plan and now require immediate changes that are difficult to make, although we're trying. I don't think that this is the process to be used for developing a beach strategy. The process used must result in an integrated plan and one that is perceived as due process, as fair, nondiscriminatory, well thought out, and in the public interest. The Coastal Advisory Committee developed its recommendations with much of this in mind and unanimously approved and submitted a plan to apply resources now to correct the most seriously eroded beaches in the county. For the most part, the renourishment of the county's beaches would be funded in 2004 with a surplus of $1.4 million. With this maintenance problem behind us, the plan had surpluses in the subsequent years for use in developing better access in other beach related projects. This plan by the CAC should be used as a basis for more a business-like process in developing a long-term beach access strategy. And I just wanted to make a recommendation about the way this could work in four steps. First, as I mentioned, correct those beaches that have been identified as needing immediate attention. This can be done within the funding allocated for 2004, and additional major renourishment is not required for the subsequent eight years. Second, identify the specific areas where we need access improvements and define whether we need expansion in those areas, property acquisition, or shuttle requirements. This would be development, in my opinion, by late 2003 and would include input Page 199 June 10, 2003 from all that are affected by this rather than having state guidelines force an access design for us. Third, finalize a future funding criteria based on this final access plan where we've identified specifically what we need and where. And I think this could be finalized by early 2004 and provide to all, those affected and those not, an understanding of the impact of access on funding. And then fourth, implement the improved access plan. And I think here we can utilize funds from the surplus developed from the CAC plan or other county resources and complete the entire access plan for the future in 2006. As I mentioned, the only beach renourishment projects the TDC did not approve are those associated with the beach adjacent to Hideaway, and that consisted of the $600,000 sand placement, the removal of the temporary T-Groins and the $2.3 million installation of permanent groins in 2004. The consultants tell us that the temporary groins have proven their worth, and it's time to make the permanent fix now. They have been doing the monitoring the last couple of years, they do feel it's effective, and they do feel we ought to move ahead with the permanent now, and the CAC unanimously supports that. The TDC also recommended deferral of another 2.4 million of final renourishment work in 2005 as part of this project. The CAC and us agree with that deferral, but not this one on the T-Groins. Without these urgent 2004 projects, however, the beaches near Hideaway will continue to disappear, and per our consultants, erosion will be accelerated on all of the beaches on Marco Island south of Hideaway without the permanent T-Groins. This action is not technically sound and not part of any well-developed rational plan. I thank you for the time you've given us both here and in private. We've met with most of you privately. I urge you to Page 200 June 1 O, 2003 approve this project of permanent T-Groins for 2004 funding, and also to direct the staff to begin this planning process I described above to develop a much-needed beach access plan that makes sense. And finally, I am personally committed towards working with the county in a whole bunch of areas. One, I'll be part of a team if you want me to be part of the team. Second, we are working on a 30-foot -- a 30-foot beach renourishment between Tigertail and Hideaway to provide access from Tigertail to Hideaway, and that should come before you, I think, today. And third, I continue to work with the city council of Marco Island to get additional access that is still under consideration. So, again, I thank you for your time, and I will leave a copy of my official comments for your-- for your use. CHAIRMAN HENNING: Commissioner Fiala? (Applause.) COMMISSIONER FIALA: Yes. Could I just ask you one question, please. MR. ARCERI: Sure. COMMISSIONER FIALA: And that is, did I understand you correctly to say that the CAC, when doing their budget, found dollars to renourish all of these beaches, including these two projects? MR. ARCERI: That's correct. The entire beach renourishment of Naples and the beaches of Marco Island-- COMMISSIONER FIALA: All within their budget? MR. ARCERI: All within their budget, with a surplus of 1.4 million in that budget for 2004. COMMISSIONER FIALA: Okay. MR. ARCERI: Now, when you go beyond 2004, that 2005 Hideaway project of 2.5 million, the CAC deferred. We did not approve that. And I -- we agreed with it. We looked at the fact that the $600,000 sand placement, the replacement of the temporary groins to permanent, would do an adequate enough job within the Page 201 June 1 O, 2003 budget guidelines that we have. COMMISSIONER FIALA: Thank you. MR. ARCERI: Thank you very much, Commissioners. CHAIRMAN HENNING: Commissioner, I think that we all have seen the spreadsheet on the capital improvements. Thank you very much, sir, for being here. And there is a problem, and we need to attend to that problem, and the best way to attend to it is a policy for beach renourishment. And, folks, let's not mistake what the goal is, the goal is to provide more access to the beaches in Collier County. MS. FILSON: The next speaker is David Somers, and he will be followed by Jim Snediker. MR. SOMERS: Hi. I'm David Somers, general manager at the Hideaway Beach Club. We understand that the county commission feels that beach access is an important ingredient for beach renourishment. Therefore, in the spirit of cooperation for public access in Collier County, the Hideaway Board of Directors has agreed to offer an access point to the Gulf beaches on Hideaway Beach property. This particular aerial shows part of Tigertail Beach and it also shows our entrance here at Hideaway Beach. And this would be a representation of what could be accomplished. The red line indicates the property line between Hideaway and Tigertail, and the green could be an access way that the county could use in order to provide public access to the public beach that's adjacent to Hideaway. CHAIRMAN HENNING: Mr. Somers, can you point out where Hideaway is going to donate land for parking? MR. SOMERS: Well, we don't have any land to donate for parking. CHAIRMAN HENNING: Okay. MR. SOMERS: Okay. Page 202 June 1 O, 2003 COMMISSIONER HALAS: You said that the property downward from there is county property? MR. SOMERS: Yeah, this is -- this is all county property here. COMMISSIONER HALAS: And what type of vegetation do we have in there? MR. SOMERS: It's a mix. There are some Australian Pines, there is some mangrove area in here, mangrove fringe. That's why I said this is an approximate location. COMMISSIONER HALAS: Okay. We can't destroy the mangroves. MR. SOMERS: There's also some single-family lots that are located along Spinnaker that have not been improved yet. COMMISSIONER COLETTA: Question? CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Yes. At this point in time, would there be a problem with the environmental people as far as getting through there that you know of?. Has park and recs. had a chance to walk it, or is this all brand new? MR. SOMERS: We haven't -- this is all brand new. We haven't done anything other than try to come up with some solution that we can work -- continue to work with the county on. COMMISSIONER COLETTA: And there's a couple of lots that are available right about at the -- MR. SOMERS: Entrance. COMMISSIONER COLETTA: -- at that comer, correct? MR. SOMERS: And there's property available on your Tigertail Park landing area. COMMISSIONER COLETTA: Well, I commend you for coming up with a plan like this. It's very interesting. MR. SOMERS: The Coastal Advisory Committee, as said previously, did vote in favor of the T-Groin project. A reason we felt it was important, or they felt it was important, was it was -- they felt Page 203 June 10, 2003 that their responsibility as a committee was to protect all the beaches in Collier County, and certainly the T-Groins are the first part of that protection that would not only protect the Hideaway Beaches but also protect the beaches of Marco. This was part of an overall project of the major renourishment at Hideaway Beach. The State of Florida is looking forward to some solution in this particular area. It is listed in their latest criteria as one of the most highly eroded areas in the State of Florida. And certainly, I think we're all looking for a long-term solution, and permanent T-Groins and sand supplement placement would certainly give a long-term renourishment fix to this particular area that's been before you a number of times. COMMISSIONER COLETTA: One more question, if I may? CHAIRMAN HENNING: Sure. COMMISSIONER COLETTA: How soon would this be able to be turned over if we come to some sort of understanding of agreement? This is something that's going to be delayed to like 2006 or 2007? This is something we're talking about for the coming season, right? MR. SOMERS: The board -- again, I have my board members traveling right now. So I mean, we've been on the phone this morning trying to come up with some language to present to you today, and it's going to take a period of time, and the board is going to have to work with the membership in order to come up with the time frame to make this happen. But they're committed -- the board is committed to making this happen. COMMISSIONER COLETTA: And I'm looking for a reasonable time period, not something that's set off way into the future years. I mean, I'm not trying to -- I know that this is a tremendous step forward, it's just that I don't want to get so excited to find out all of a sudden that this is going to be conditional on the year 2010,2012. Page 204 June 1 O, 2003 MR. SOMERS: I don't -- I don't think anyone's looking that far in the distance. I think we're all looking towards the final full renourishment with the T-Groins and the sand placement at Hideaway, which is in the '04, '05 calendar years. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Well, yes. I had asked -- I'm sure that this pathway can even be opened up. I talked with parks and rec. just a little bit when I took another walk down there, and she said it's pretty overgrown right now, but that wouldn't be a problem. We could -- we could clear that out. And so I would -- I would guess, David, that once we get all of the final paperwork together, probably before the end of the year. I mean -- COMMISSIONER COLETTA: Okay. COMMISSIONER FIALA: -- you know, because this isn't like a delaying tactic or anything. This is an honest to goodness offer. COMMISSIONER COLETTA: Good work, Commissioner Fiala, for working this out. COMMISSIONER FIALA: Oh, it's them that did it, really. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: How does this fit into our beach access plans? Maybe John Dunnuck can add a few words to this. It looks to me like we've got a -- we're on the start of something here. MR. DUNNUCK: Good afternoon, Commissioners. For the record, my name is John Dunnuck, public services administrator. First and foremost, the first thing I'd like to say is, I'd like some time for my staff to take a look at what's being proposed instead of negotiating something from the dais. You know, I'm very concerned about that. But initially, from what -- the plan we proposed to you the other day in our master plan that you-all adopted, we did not have initially Page 205 June 10, 2003 Tiger -- or we did not have Hideaway Beach listed as a usable access point that we were looking at. Our plan was based upon where we see the population presently and then working back from that with then spreading out access to fit the renourishment need. The other issue I want you to consider, too, is the fact that, you know, when you're looking at the funding request, part of what we proposed was that TDC was the main focus of acquisition. When they mention the Coastal Advisory Committee recommendations in their budget, we don't have acquisition of land in any of that budget that they balanced out. So if you added that in, there would be a deficit in the TDC side of the shop. So, you know, I don't know if I've answered your question or not. But we certainly at least want to take a look at this project to see where it would fit and the percentage and the usable space of what they've talked about as far as parking goes. Because, you know, from a first blush, just having the access in our plan, I think, would be maybe 25 percent eligible, but depending on where they came up with the parking, we'd have to look at the percentages. CHAIRMAN HENNING: Mr. Dunnuck, I agree is -- the proposal is saying, hey, here's a beach access, but we haven't identified the parking. That's good if you have the access, but then, how you going to get there.'? MR. DUNNUCK: Exactly. CHAIRMAN HENNING: So -- MR. DUNNUCK: You know, your policy that you adopted was based upon usable -- usable land. CHAIRMAN HENNING: Correct. MR. DUNNUCK: You know, can we get the people there. And the more money we give, the more people who can get there. COMMISSIONER FIALA: I'd like you to be working with us. And I see that there's land right there, and I know that there's a $1.4 Page 206 June 10, 2003 million surplus, and that means, while that land is still available -- and this is what we're trying to do all along here in all of our beach districts is grab the ac -- the land while it's still available, and we have it right here. And I think that as you -- I would hope that you're working with us. This is land that you could grab right now, and we have the money to do that. MR. DUNNUCK: Well, where I would respectfully disagree is the fact that, from our priority standpoint, with that $1.4 million, we'd be looking to spend it in the Naples area where we have a greater need for usable space right now, and we also know that the value is going up significantly in the Naples area just as well. So we would-- you know, while -- yes, it fits in the overall plan, you know, 10, 15 year (sic), 20 years down the road, you know, in the next five years, is that the most viable location of where we should be spending our funding and priorities? COMMISSIONER FIALA: Okay. Except that -- I hope you don't mind me talking back and forth with him. Now, you say you'd rather spend it in the Naples area, and, you know, I would never take anything from the Naples area, but I do know that they're not eroding like Hideaway is. And I mean, this is -- this is crucial, as Ron Hovell will say, it's the worst eroded beach in our entire county. Not only that, but if we delay this much longer, it's going to have a ripple effect all the way down the line. And so I think this is terribly important to address right now. CHAIRMAN HENNING: Commissioner Halas, do you mind if I cut in here? COMMISSIONER HALAS: Sure, go ahead. CHAIRMAN HENNING: Thanks. What I heard was, we have temporary T-Groins, that we can extend the permit until we put in permanent ones. So it's not continuing eroding in Hideaway. And I disagree with the city Page 207 June 1 O, 2003 councilman of saying this is going to erode all the beaches to the south. So if we can probably negotiate something with Hideaway, there's nothing wrong with negotiating on it, but we still have the temporary T-Groins, and I'm sure that our staff can take a look at how long those temporary T-Groins can stay in there until permanent ones, being put in. So that would be the direction that I would want to go, Commissioner Fiala, is there's a lot of safeguards in there to protect the beach -- beaches, and there's opportunities, thank you, sir, for possible beach access in this area. Commissioner Halas? COMMISSIONER HALAS: The thing that -- I think Commissioner Fiala brought up a point. If land is going at a fast rate, especially along the coastline, I think we ought to look at the very -- take a very serious look at what we have there, if there is any possibility, if we are going to have any type of environmental impact, but I also think that if there is some land that, close by for parking, that we ought to address that issue sooner, before later. COMMISSIONER FIALA: And let me add also, I appreciate what you said about, buy access to the Naples beaches. We're planning on throwing -- and this will be up next -- millions and millions of dollars at them right now that's already been suggested for approval, and that's great. This is the beach that's eroding, and these people have worked hard with us now to give us what we've been griping and complaining about. I think the least we can do is fund what the CAC had recommended to fund. CHAIRMAN HENNING: Commissioner Halas -- or Commissioner Coyle, then Commissioner Coletta. COMMISSIONER COYLE: Yeah. This is a funding priority issue, and I don't even know what the other priorities are. I think -- but I agree with the other commissioners that we should get down to Page 208 June 10, 2003 this pretty quickly, and I'd like to request that the staff inform us of the various priorities and what your recommendations are concerning expenditure of the funds. I do not necessarily see a linkage here between the granting of the beach access and the continued deterioration of the beach at Hideaway. It seems to me that, if necessary, we can continue the maintenance process whether we have a parking lot there or not right now. So I don't see that those two are linked. But I think that it is worth some additional consideration in view of the fact that they're -- they're willing to grant some access to the beach, and that's a big improvement, I think. And so I would like to see all the alternatives and what your rankings are for the expenditure of the money and why. And at that point in time, I think we'll be prepared to make a decision fairly quickly. MR. DUNNUCK: That's fine. In essence, you know, what we talked about with the master plan a couple weeks ago was the ranking and the specific projects that we saw in the immediate horizon with you adopting an overall policy on beach access and the funding portion of it, because the missing link has always been funding for us. What we gave to you a couple weeks ago was a $36 million project, just on its face value of what we -- what we provided a couple weeks ago. So -- so we certainly can prioritize that as we work through the policy guidelines, and I tend to agree with you from the standpoint of, we do have time on this issue and not to rush it through, but we do have time later this summer to come to some of those resolutions. CHAIRMAN HENNING: Commission Coletta, then Commissioner Halas. COMMISSIONER COLETTA: Okay. So I gather that the direction is -- is to put this aside, continue it to either the middle of the summer or the first meeting or so in September. Page 209 June 10, 2003 Is there any danger of something -- some disaster befall on the people in that area if something isn't done now? Do we -- we do have time, right? There is not a safety concern, health, safety, and welfare? MR. HOVELL: Commissioners, again, Ron Hovell for the record. As I said before, we're planning on applying for the permits to do this major construction sometime late summer, early fall, and so I think at best we'd be looking at doing this construction starting in November of 2004. So deferring the funding decision now until sometime in the fall is not going to impact the schedule at all. COMMISSIONER COLETTA: I tell you what, if this comes to be, I'm going to be very supportive of the funding for this. It gives us a little time to work out some of the details and the practicality of what this access would mean. MR. MUDD: Commissioner, you got a -- if I may interject for a second, okay, and I don't want to be a naysayer, because I hate maps that show up that's missing the top part of the map, and I'm missing the bottom part of the map, and you get to see the good stuff in the middle. But you're missing the other piece. This same access was offered 10 years ago, and the Board of County Commissioners denied it, and -- because of-- because of the access to Tigertail. What's that -- what's that little white thing down at the bottom of the map? MR. MR. MR. SOMERS: This is Tigertail. MUDD: That's Tigertail? SOMERS: Yeah. MR. MUDD: How far-- how far is that green line from where you took Chairman Halas and Commissioner Coletta and every commissioner on this board when you showed them Hideaway Beach? How far do you have to walk from that particular point in Page 210 June 1 O, 2003 order to get to the beach that you showed them? COMMISSIONER HALAS: Fifty yards, hundred yards. MR. MUDD: To the north. COMMISSIONER COLETTA: Oh, it's a lot farther than that. MR. SOMERS: Across the water. Yeah, that's at Little Clam Pass. I mean, they'd have to walk across Little Clam Pass is where we had the commissioners. MR. MUDD: Commissioner, we need a -- we need a little bit of time on this one. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Yeah. What I was going to suggest is that the parks and rec. go out there, survey the area, and come back and give us a report before we get all excited here. MR. SOMERS: Let me also, ifI could, just add, when you were talking about the T-Groins, the new permanent T-Groins envision going up to 10 from the current number of seven, and they also envision doubling the length of the T-Groins that are currently there. You had an issue before you which was supposed to be some additional placement of sand that was not put in by staff back in December, and the Riviera folks from Royal Marco Point II came and talked to the council and tried to have some additional sand put in. There is a severe erosion problem in front of their particular condominium units, and at that unit there is no T-Groin. So, you know, certainly the additional sand placement that you previously voted on is going to be a great help in maintaining the beach -- the beaches in those areas, but the long-term fix does need to be addressed sooner rather that postponing it. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yeah. I just wanted to add, you mentioned Tigertail. Well, Tigertail is not as popular as it used to be because of the nasty smell and the lagoon filling in as it is. This is going to be -- with this access, we won't have to worry about that Page 211 June 10, 2003 now. We will still have access to beaches right there at that end of the island, even if they don't want to go to Tigertail. CHAIRMAN HENNING: Well, I see Tigertail right on the map there. COMMISSIONER FIALA: I'm just saying that -- CHAIRMAN HENNING: We don't mind if we go to further speakers. Thank you, Mr. Somers. MS. FILSON: The next speaker is Kim Snediker, and he will be followed by Ruth McCann. MR. SNEDIKER: Hello, I'm Jim Snediker. I'm a member of the Coastal Advisory -- excuse me, Coastal Advisory Committee. I'm also chairman of the City of Marco Island Beach Advisory Committee. I was a former -- member of the former Naples, Collier County Beach, what, maintenance and road restoration committee. I'm the second most senior member on the -- your beach committee. I happen to also be an engineer. At CAC we have spent a lot of time -- I don't know how many hundreds of hours collectively -- going over the new policy and the budget that you people have requested. As far as the policy itself, we -- a subcommittee was established last winter. I was part of that subcommittee, the three-member subcommittee. We came up with a new policy for CAC itself. It was unanimously approved by the subcommittee and went to the committee, it's -- the full CAC committee and was approved by the full CAC committee, based on that -- on this policy, which is based on engineering need and public accessibility, engineering need and public accessibility. We then created a budget, a 1 O-year budget, if you will, of basically looking at fiscal years '04 and '05, the two coming years. For the budget itself-- this is the Category A budget. This is from CAC. This CAC -- this was unanimously approve by every Page 212 June 1 O, 2003 eight members of CAC, that includes the members from the City of Naples, from the unincorporated area, and from the City of Marco Island. This is an abbreviated form, obviously, because I didn't want to get into the whole blowup off the entire budget. But what we have in fiscal year '04 is 16.7 million available. We have routine expenses, this being the monitoring of the pass and -- passes and so on of 1.7. MR. MANALICH: You want to use the mike there. MR. SNEDIKER: I'm sorry. The routine expenses of 1.7 million. Now, the beaches, we broke that up into three different areas here, the Vanderbilt, north county area. Can you hear me okay? CHAIRMAN HENNING: No, you've got to hold it up to your MR. SNEDIKER: I'm sorry. CHAIRMAN HENNING: Thank you. MR. SNEDIKER: How's that, okay. Okay, excuse me. The Vanderbilt, north county area of $2.5 million, Naples Park Shore of $6.5 million, Marco Island and Hideaway of $3.5 million. Parks and recreation has 1.1 million within this. This gives us expenses here. And if you can see the bottom, $1.4 million surplus in fiscal year '04. Now, this takes care of all of our beaches, this brings in all of our beaches except for Hideaway. Hideaway -- this takes care of the T-Groins at Hideaway within this. It does not take care of the renourishment. Hideaway was a least -- least priority on it. The renourishment for Hideaway would be in two thousand-- $2.4 million in the next year. And the idea of this was to bring all of our beaches in the entire county, Lee County down to Caxambus Pass, if you will, all up full level. All those beaches that need renourishment, all the way up and down the coast would be renourished under this program and still have a 1.4 million -- or $2.1 Page 213 June 1 O, 2003 million surplus. Hideaway, again, was deferred till next year that -- because of the budget. We couldn't get all that in. We did a lot of working around the budget, but this is what we came up with. And so we've got it. CAC has solved it for you. You have told CAC to solve it, we did solve it. Came up with a balanced budget, took care of all of our beaches with a nice, very nice surplus on it. NOw, one other point I'd like to make is that the CAC policy -- and staff has come up with a different policy. The staff has presented a policy to you -- did not present it to CAC, but they presented it to you -- which shows the three different areas here. We have the -- this being the Seagate, if you will, Vanderbilt, north county area, Naples Park Shore, and then Marco Island separate, off-- the Keewaydin Island is in here. This is the -- present eligibility per the staff, per the staff's policy, the percent -- 42 percent of the land in the north county area would be eligible. Vanderbilt -- the main part of Vanderbilt Beach, for example, would not be eligible under the staff plan for funding. Under Naples, Park Shore, only 55 percent of Naples and Park Shore area. Now, you made for other numbers -- made for numbers something like 90 percent of Naples and Park Shore would be eligible. That is not correct. The 90 percent number relates to the renourishment back in '95, '96. Now I'm talking about the whole -- the whole area here and the current plan. And I went through all the parking, I've got all the data here from the county and the city of the number of parking spaces, the public parking spaces, at their various locations. So if you look at the 42, 55, and you see the bottom here, that's 45, they're all, you know, in the same range, in the same range. Basically half the area, half the shoreline area of the entire county in the three different areas would be eligible under the staff's funding, under their highest priority. Page 214 June 1 O, 2003 Again, the CAC budget we have here, 2.5 million in '04. Here in Naples we have -- we have 6.5 in '04. CHAIRMAN HENNING: I have to ask you to wrap up, sir. MR. Snediker: Okay. The one million in '05 is for Moorings there, and then here we have Marco Island split. Thank you. MS. FILSON: The next speaker is Ruth McCann, and she will be followed by your final speaker, Bruce Anderson. MS. McCANN: Good afternoon. My name is Ruth McCann. I'm the executive director of the Marco Island Civic Association, and MICA is the largest civic association in the State of Florida, and we have over 20,000 members. Some points that I wanted to make today is that Marco Island has only one beach, it's one continuous beach. It begins at the north end at Hideaway Beach and continues southward to Cape Marco. Beach erosion in one area of the beach certainly will have a domino effect on the rest of Marco's beach. Each day that these projects are delayed results in greater erosion. The tourist development tax was approved by 73 percent of those who voted, and what the voters of Collier County approved was financing beach renourishment and maintenance, period. I just don't understand how beach -- financing of beach projects in areas with new conditions applied saying that it would have to be within so many feet with so much parking of public access. If you wish to add conditions to the TDC funds, then this question most likely should go back to the voters of Collier County with these additional conditions. MICA asks that you not delay funding of this project which affects all of Marco Island and approve the placement of T-Groins on the north end of Marco Island today. Thank you. CHAIRMAN HENNING: Thank you. MS. FILSON: Your final speaker is Bruce Anderson. MR. ANDERSON: Good afternoon, Mr. Chairman, Page 215 June 1 O, 2003 Commissioners. For the record, my name is Bruce Anderson. I represent the Hideaway Beach Association. I want to ask you to follow the unanimous recommendation of your Coastal Advisory Committee and approve this TDC grant application. The legal and factual basis for these -- for both of the T-Groin items dates back to 1997 when the county commission approved and began implementation of the Big Marco and Capri Pass inlet management plan. That plan called for T-Groin structures and beach fill along Big Marco Pass at Hideaway Beach to combat severe erosion. CHAIRMAN HENNING: Okay. We're adjourned. COMMISSIONER COYLE: Somebody wants us to finish. MR. MUDD: Bruce, can you talk a little bit at a higher octave, please, okay? MR. ANDERSON: And if the -- under that plan if the monitoring proved successful, there were to be permanent T-Groins. This item should be considered under the engineering need-based guidelines that the county has applied for the last 11 years, not some unapproved ill-defined policy that leaves significant gaps in how beach segments will be renourished financially and physically when TDC funding -- if and when TDC funding is cut for beach renourishment. It would be arbitrary and discriminatory to defer approval of this agenda item while awaiting some new undefined policy but to go ahead and approve renourishment funding for the rest of Collier County, get portions of which would not meet and also be affected by this new funding policy. What we have here is a yet-to-be-formulated, yet-to-be-finalized policy being applied against one segment of beach but not against any other segment of beach in need of renourishment. That hardly seems fair, especially in light of the commitments and obligations Page 216 June 10, 2003 contained in that 1997 Big Marco Pass inlet management plan. The county should not walk off the job so near to completion. Hideaway Beach is committed to working in tandem with the county at the same time frames as the placement of the permanent T-Groins, and the renourishment associated with the permanent T-Groins will proceed. We ask you to go ahead and approve this item conditioned upon successful negotiations with Hideaway Beach for the beach access that, up until now, I thought was such a crying need. That's interesting that once it got offered, why, some folks kind of balked at it and turned their nose up at it, and well, maybe we don't really need it after all. The property owners at Hideaway Beach have a record of cooperation with Collier County that dates back to when -- 1979 and 1980 when beach access was traded for boat launch access, and as recently as 2001 when Hideaway Beach came forward and provided the county with a preliminary feasibility study to put a bridge over a boardwalk to try to connect Hideaway and improve the access with Tigertail Beach. So they will continue to work with the county, if the county will cooperate, and try to enhance public beach access for everyone. And I think, lastly, that Ms. McCann raised a very good point when she asked about the referendum. And I want to repeat -- I want to repeat the last line of it. The voters did not approve the laundry list that is contained in the tourist development statute when they approved the two percent tourist tax. All they approved was to use it, and I'll quote, for financing beach renourishment and maintenance and to promote and advertise tourism. That's it. Arguably, any other use of that money is illegal. Thank you for your time. CHAIRMAN HENNING: Mr. Anderson, before you go away, I have a question. What did you mean by ill-advised policy? What Page 217 June 10, 2003 ill-advised policy.'? MR. ANDERSON: The one that this commission rejected two weeks ago and sent back to the drawing boards. CHAIRMAN HENNING: The one that the commissioners sent back down to the CAC to revise and send back up? MR. ANDERSON: Yes, sir. CHAIRMAN HENNING: Okay. And what is -- your opinion is that voters approve funding for tourist taxes on private or semiprivate beaches; is that what they stated? MR. ANDERSON: There's no specificity as between private and public in the ballot question. COMMISSIONER HALAS: Don't you think -- MR. ANDERSON: And all of the beaches in Florida are public. COMMISSIONER HALAS: If you can get to them. CHAIRMAN HENNING: If you can get to them. I think that -- COMMISSIONER HALAS: That's the thing, if you can get to them. MR. ANDERSON: You can get to Hideaway's through the boat launch that they provided, and also walking from Tigertail. There's a little -- CHAIRMAN HENNING: Low tide. MR. WALKER: -- Little Clam Pass, right. COMMISSIONER HALAS: And it's about a three-mile walk, couple-mile walk, right? MR. ANDERSON: I don't know what the entire length is off the top of my -- COMMISSIONER HALAS: Yeah. I've been down there. CHAIRMAN HENNING: My wife and I were down there a few months ago, got there by boat. I don't know how many residents have boats to get there though. Always a pleasure, Mr. Anderson. MR. ANDERSON: Always mine, thank you. Page 218 June 1 O, 2003 CHAIRMAN HENNING: That's our last public speaker? COMMISSIONER FIALA: Yes. I'd like to make a motion, please. Gentlemen, Commissioners, we all -- three of us have beaches in our-- in our districts, and all of us have some problems with access here and there. We all need renourishment. The CAC has presented a plan where all of us could be renourished. Hideaway Beach has come forward and has said, let us give you access here, so we'll have an access right there, which, by the way, could begin very shortly because the people of Marco could even ride their bikes over there. But it's a good time for us to jump on that property next to it so we can build a parking lot as well. So I make a motion that we approve the TDC Category A grant application related to beach renourishment for the $2.3 million replacement of temporary T-Groins on Hideaway Beach. CHAIRMAN HENNING: Motion by Commissioner Fiala. Is there a second to the motion? COMMISSIONER COYLE: I'll second it for purposes of discussion, but I have a question. COMMISSIONER HALAS: I do, too. COMMISSIONER COYLE: Who goes first? COMMISSIONER HALAS: You go ahead. CHAIRMAN HENNING: Commissioner Coyle. COMMISSIONER COYLE: Okay. I really believe that these advisory committees serve a very valuable function, and I think it's necessary that we listen to them and utilize their input. I am really confused by all of this, and I need to have a very clear understanding of, what does the CAC recommend -- I think that's what it is right there -- what does the TDC recommend, and I need that very clearly stated so I'll know what my advisory boards are telling me they think we ought to do. CHAIRMAN HENNING: All three of you stand up there and Page 219 June 10, 2003 tell us. COMMISSIONER COYLE: Yeah. MR. WERT: For the record, Jack Wert, tourism director. The coastal advisory did recommend it and the Tourist Development Council voted to defer until we had a policy. COMMISSIONER COYLE: A policy. MR. WERT: A policy. COMMISSIONER COYLE: What will the deferral do with respect to the project? MR. WERT: Ron, do you want to take that? MR. HOVELL: Commissioners, again, Ron Hovell for the record. As I said before, we plan on applying for the permits late this summer, early fall. Construction wouldn't begin for about a year after that, so any funding decisions could be made up to even a year from now and still not impact the overall timing of the project. CHAIRMAN HENNING: So it will not impact the project at all if it's deferred? It won't place any permits in jeopardy, it won't -- MR. HOVELL: It shouldn't, and depending on, you know, what your ultimate decision is for funding, if there's other implications as far as lining up other funding, that would still allow for about six months to figure out the rest of the story, so -- (~OMMISSIONER COYLE' So -- MR. MUDD: Commissioner, I want to -- I want to -- one caveat. You know, deferral for how long? And I think that's what you're getting at. COMMISSIONER COYLE: Yeah. MR. MUDD: And what Ron basically said is he's going to submit for the permits. He's also going to ask to extend the temporary T-Groin permit that's there so it doesn't sunset on us and get another year or so. But the policy was sent back from this board down to the TDC, Page 220 June 1 O, 2003 and from the TDC down to the -- to the CAC, the Coastal Advisory Committee. And it depends on when those two forums plan to bring back that policy to the board, how long this deferral is. And I can't -- and I can't tell you because I have no way -- you know, there was no intent that was put on the policy coming back to this board as far as direction the last time the board met to the TDC nor the CAC. So I can't tell you how long it's going to take them to come back with that policy to get this deferral taken off based on what the policy says. COMMISSIONER COYLE: Okay. There are two things, one is an observation. If the CAC felt very strongly about approving this, and apparently they did, and they now have the policy responsibility, then I doubt seriously if they're going to lag very long in getting us a policy -- getting the policy back to us for consideration. I would think they would move along rather quickly if-- if the funds were, in fact, deferred. So I don't think there's much risk that the CAC will unnecessarily delay the decision. The other point is that if, in fact, we get close to the point where we need to take action, we can reconsider and approve it if necessary rather than see this project be placed in jeopardy; is that not true? MR. MUDD: Yes, sir. And I would also suggest that if you defer this, that you earmark the dollars so it just doesn't get put into reserves -- COMMISSIONER COYLE: Exactly. MR. MUDD: -- and you put it on that line so somebody else doesn't say, well, I can use it because I want to buy beach access in someplace in Collier County with those dollars. COMMISSIONER COYLE: Well, here's my problem, Commissioner Fiala. I think we need to protect this project, and I agree with you. What we have here is a disagreement between the CAC and the TDC. I think we need to get them to resolve their disagreements and bring to us a policy that they can both endorse and Page 221 June 10, 2003 give them enough time to do it but not enough time to put the project in jeopardy, because I understand your concern about Hideaway -- COMMISSIONER FIALA: Yes. COMMISSIONER COYLE: -- and I don't want to see that beach completely eroded. So what I would like to suggest is that we do as the county manager has suggested, earmark those funds for this specific project, defer it until the CAC can develop the policy and the TDC can review the policy, we agree on the policy, and then those funds will be released in accordance with that policy. That gives everybody a good shot at it and gets all of the disagreements resolved without putting the project in jeopardy; in other words, it's not going to be taken away. It's only going to be deferred until we can resolve these policies. COMMISSIONER FIALA: talking about deferral -- COMMISSIONER COYLE: COMMISSIONER FIALA: Let me ask you this, as we're Somebody doesn't like us. I know. Or maybe that's God coming in and kind of watching over us and guiding us a little bit. Let me ask you about the deferral. Being that they're talking about a policy where we provide access and bathrooms and parking, that would affect your beaches and your beaches. COMMISSIONER HALAS: Exactly right. COMMISSIONER FIALA: So maybe we should defer all three renourishment projects until they have the policy. COMMISSIONER COYLE: I don't know that there are any renourishment projects that are requiring -- COMMISSIONER FIALA: Yes, you have $9 million on your COMMISSIONER COYLE: Oh, no, no, but it's not -- it's not immediately being applied, is it? Are we in the middle of a project right now? Page 222 June 1 O, 2003 MR. HOVELL: Again, Ron Hovell, for the record. There's actually no construction planned for this coming win -- no major construction planned for this coming winter, and all these that you're discussing are probably a year and a half out. COMMISSIONER COYLE: Yeah. MR. HOVELL: And it's my understanding that the $9 million item was also pulled for that exact reason. COMMISSIONER COYLE: Yeah. So there's nothing going on right now, so a deferral won't hurt any of us, I don't think. COMMISSIONER FIALA: So we could put them all -- we can defer everything until we have a policy? COMMISSIONER COYLE: I have no problem with that. COMMISSIONER HALAS: Not only that, but then we'll have some more additional information on what we really have out there and to get some idea of what the capabilities are, yes. COMMISSIONER FIALA: COMMISSIONER HALAS: was hesitant. COMMISSIONER FIALA: Okay. I-- That's the only thing -- reason I The reason I bring this up is because I don't want to just see my district being deferred. I would like us all to join in together. COMMISSIONER HALAS: Definitely, yes. COMMISSIONER COLETTA: Agreed. COMMISSIONER COYLE: We need a uniform policy, and I don't -- I don't see any reason why we can't wait a short period of time. I just want to be reassured by the staff that this is not going to place any projects in jeopardy, okay? CHAIRMAN HENNING: Commissioner Coyle, are you removing your second to the motion? MR. MUDD: And I will go back one more time and say to you, Commissioner, that if you have timely action by the CAC and the TDC on the policy coming back to the board, no project will be in Page 223 June 1 O, 2003 jeopardy. COMMISSIONER COYLE: Okay. Let me -- MR MUDD: If they languish -- if they languish into it 365 days from now, then I'm going to say, things are a little bit tight. COMMISSIONER COYLE: What's our drop-dead date? I mean, be conservative. Give us plenty of time. MR. DeLONY: For the policy, sir, specifically -- COMMISSIONER COYLE: No, the approval of the funds for the projects themselves. MR. DeLONY: Some of them are project-specific. I see no issues if we can get the board to get back in here no later than September with a policy. We should be able to execute the program without problems with permitting or with construction schedules. COMMISSIONER COYLE: Do you want to set that as a deadline and say, hey, if it's not done by September, we're getting back to us and we'll make a decision on the funding with or without the costs? MR. DeLONY: Working with the committees and with both the TDC and the CAC on the beach renourishment strategy as long -- as well as the access strategy. COMMISSIONER COYLE: Yeah. MR. DeLONY: Marry those two together and -- COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER motion? COYLE: HALAS: FIALA: HALAS: FIALA: COYLE: COMMISSIONER FIALA: All together. Let's have them-- Yeah. Great. Then that's fair, that's fair. That's good. I feel-- Would you want to revise your I'll just withdraw my motion and ask that we defer this -- defer this subject -- COMMISSIONER COYLE: Till September. Page 224 June 10, 2003 COMMISSIONER FIALA: -- or this item until -- till the latest, the end of September, until we can have an agreement that is accepted by the CAC and the TDC which affects all three of our districts. MR. DeLONY: Second meeting in September. COMMISSIONER COYLE: Yes. COMMISSIONER HALAS: The end of September. MR. DeLONY: We will be working with the, I believe, Mr. -- the chairman's on the TDC, and working with the TDC. CHAIRMAN HENNING: And I've got to say is -- what about if the CAC and TDC doesn't send up something that's agreeable to the board, are we going to make a decision on the policy ourselves? COMMISSIONER COYLE: I would -- I would be willing to do that. CHAIRMAN HENNING: Okay. COMMISSIONER COYLE: Yeah, I would. CHAIRMAN HENNING: So there's a motion on the floor by Commissioner Fiala to defer this item till no later than the end of September. Is there a second to the motion? COMMISSIONER COLETTA: Second. COMMISSIONER HALAS: Second. CHAIRMAN HENNING: Discussion on the motion? COMMISSIONER COYLE: I'd just like to make sure this will not interfere with the bulldozing of that road in Pelican Bay to get to the beach. MR. MUDD: Nor will there be a bulldozer through Hideaway to get to their beach. COMMISSIONER FIALA: You're not going there. CHAIRMAN HENNING: Okay. COMMISSIONER HALAS: I don't know who's worse, Coletta or Coyle. Page 225 June 1 O, 2003 CHAIRMAN HENNING: Let me just say this to the three coastal commissioners. If you take a look at who you represent in your district, you're going to find there are a lot more people that have to drive to the beach than walk. COMMISSIONER FIALA: That's exactly right. That's why we're trying to do this. CHAIRMAN HENNING: And-- well, I'm a little bit concerned where we're going with that. And where we -- are we going to -- is our goal to provide more beach access for the people in East Naples or people who don't live on the coast, or is it to stay status quo? So -- COMMISSIONER FIALA: Well, of course we want access. CHAIRMAN HENNING: I just want you to keep that in mind when we start making decisions on the -- on this policy about beach access or funding as far as the beach access and the actual renourishment of the beach. COMMISSIONER HALAS: I also think there's a possibility of a park and ride type system, too, okay? I think there's that possibility. COMMISSIONER FIALA: Those that can't provide it -- COMMISSIONER HALAS: Those that can't provide parking, we could have a park and ride system and have a drop-off point, because I think the parking, especially along the coastline -- I don't care where it is in Collier County -- is going to be at a very, very high premium. And I think we just have to look at all avenues, and I think we're going to have to look at the possibility of shuttling people there for a nominal fee or something of that nature. CHAIRMAN HENNING: And I just wanted to get everybody thinking of who we really represent, and I know everybody feels that we represent all the people in Collier County. COMMISSIONER HALAS: Exactly right. CHAIRMAN HENNING: Okay. Any further discussion? (No response.) Page 226 June 10, 2003 CHAIRMAN HENNING: Mr. Mudd, do you have anything to deliver to us before we vote on this? MR. MUDD: No, sir. As soon as you're done with this item, I'd like to do 10(H), 10(I), 10(J), which have to do with the same item. So as long as we're on the same thought, you don't even have to discuss the projects of beach renourishment. You just said you wanted to defer them all. I'd just like to get four votes. 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: Opposed? (No response.) CHAIRMAN HENNING: Motion carries, 5-0. Item #1 OH, Item #10I, and Item #10J TOURIST DEVELOPMENT CATEGORY "A" BEACH RENOURISHMENT/MAINTENANCE GRANT APPLICATIONS FOR FISCAL YEAR 2003/2004 IN THE AMOUNT OF $1,463,100; TDC CATEGORY "A" GRANT APPLICATION FOR THE RENOURISHMENT OF VANDERBILT, PARK SHORE AND NAPLES BEACHES IN THE AMOUNT OF $9,000,000; AND TDC CATEGORY "A" GRANT APPLICATION FOR THE RENOURISHMENT OF MARCO SOUTH BEACH IN THE AMOUNT OF $600,000-DEFERRED TO THE SEPTEMBER 23, 2003 BCC MFJF. TING Mr. Hovell, is any of the action that we're about to take on Page 227 June 10, 2003 deferring this is (sic) in jeopardy? I know there was some items in there that were about to tie to the permit. MR. HOVELL: Commissioners, all these items are for money that would become available on October 1st. And I think as long as ultimately you make that decision before October 1st, it can't possibly impact anything, so we'll just defer that. CHAIRMAN HENNING: Motion by Commissioner Fiala -- COMMISSIONER HALAS: Second. CHAIRMAN HENNING: -- to defer these items, second by Commissioner Halas. We do have one public speaker. MS. FILSON: JohnArceri. CHAIRMAN HENNING: He waives. COMMISSIONER HALAS: Waive. CHAIRMAN HENNING: (No response.) CHAIRMAN HENNING: saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: (No response.) CHAIRMAN HENNING: Any discussion on the motion? All in favor of the motion, signify by Opposed? Motion carries unanimously. We do have -- want to switch out court reporters. So if I could ask the commissioners not to go anywhere so we can make that transition and get to the people of Naples Park. (A recess was taken.) Item #10G Page 228 June 1 O, 2003 BUDGET AMENDMENT OF $25,000 FROM CURRENT PLANNING OBJECT CODE TITLED "OTHER CONTRACTUAL SERVICES" TO THE COMMUNITY REDEVELOPMENT OBJECT CODE ENTITLED "OTHER CONTRACTUAL SERVICES" FOR THE EXPENDITURE OF MONIES TO PREPARE A MAIL-OUT BALLOT FOR DISSEMINATION TO Al.l. NAPIJFJS PARK PROPERTY OWNFRS-APPROVFD CHAIRMAN HENNING: Please take your seats -- next item is 10(F) -- no, I'm sorry. Next. MR. MUDD: 10(G). CHAIRMAN HENNING: 10(G), formerly 16 (A) 10, approve amendment of budget of $25,000 current planning objective, code title, other contractual services to the community redevelopment objection code for expenditure of money prepared for the mail-out ballot for discriminatory to all Naples Park owners. Mr. Coletta? COMMISSIONER COLETTA: Yeah. Commissioner Henning, I wanted to give you notice that at six o'clock. I have to leave to be in Everglades City. They're having a school meeting with the school. They're holding their school open for the council, and I promised them faithfully that I'd be there to help represent them. So I want to serve notice now that I will be leaving at six. CHAIRMAN HENNING: Okay. Mr. Coyle has to leave for similar reasons. MR. SCHMITT: Commissioners, for the record, Joe Schmitt, Administrator, Community Development, Environmental Services Division. In the interest of time, and to allow our public speakers to speak, I'm only going to -- I'm going to give them a very short introduction on just kind of where we were and where we're going. As you well know, shown on the slide, October 22nd, you Page 229 June 10, 2003 approved a contract for the amount shown, $211,000. We had a kick off. It started the 15th, and that was with the county staff and Dover Kohl. About 250 resident from Dover Kohl -- or from Naples Park attended that, followed by four days of a design charette. Somewhere in the neighborhood of a hundred citizens each day attended that. We had the close-out meeting on that Friday, and about 300 of the residents of Naples Park attended that, followed by February 17th -- or 6th, again, where we had another presentation by Dover Kohl. I'm going to throw this next one on. This is quick, but here's the bottom line. Today, of course, is the 10th. You've already had the final report. I forwarded that to you under separate cover, and we're going to talk -- basically, we talked about the recommendations. My proposal is that we'll mail out the ballot on or about -- let me make sure you can see' that. MR. SCHMITT: August time frame, allow approximately 60 days for the residents or the -- actually, the property owners to respond. That would bring us into the November time frame, where we would tally the ballot, and note we would initiate the plan, portions of the plan, any part thereof which the citizens so choose or we'll kill it, recognizing the fact that the plan is -- Dover Kohl did the study, but push Dover Kohl aside now. It's the community's plan, it's the residents of Naples Park-- CHAIRMAN HENNING: Folks, we're going to clear the room, unless we can have respect and let the speakers who are speaking talk. MR. SCHMITT: It's the residents of Naples Park. It's their plan. They can choose to implement any portion of the plan or they can reject it entirely. The objective of the vote will -- to establish, number one, the interest, and number two, if the residents of Naples Park choose to implement any portion of the plan, meaning code enforcement, an overlay, some kind of a zoning overlay, tree-lined Page 230 June 10, 2003 streets, any portion thereof, and I'm not going to go through the plan, but if they choose to implement any portion of it, do they agree to form an MSTU to do so, and that is the purpose of the ballot. The ballot will go out to every property owner, every property owner. If a property owner owns ten homes, they will get ten ballots, and that's the purpose of the ballot, to canvas every property owner and assess their interest in this plan or not. That concludes my presentation. CHAIRMAN HENNING: Questions by the members of the board? Commissioner Halas? COMMISSIONER HALAS: Start off with, is the -- how is the ballot going to be set up? Do you have any idea? And is it going to be a very simplified ballot with some options or just -- MR. SCHMITT: Commissioner, as you well know, it's a very complicated plan. There were several proposals made in that plan. We're left-- that's one of the reasons why we're looking for a consultant, to help us develop that, and the other objective will be -- or part of that will be to use a small sample of the residents to test, actually, the validity of the ballot to see if it's -- basically, is it idiot-proof, meaning -- I'm not being disingenuous, but I want to make sure that there are no trick questions or anything that can be -- COMMISSIONER HALAS: Construed. MR. SCHMITT: -- construed or some -- confused, and that's why we're looking for a consultant. We anticipate 3500 -- at least 3500 ballots will have to be mailed, self-addressed, stamped envelopes, and looking at approximately anywhere from three to six dollars it will cost per ballot, depending on the complexities of the ballot and paper stock, all the other things associated with it. So that's what we're looking at, and I still will need a legal determination, because there will be a determination on this from the county attorney's office as to whether or not, if a property owner chooses not to return the ballot, how do you count that ballot. Do Page 231 June 10, 2003 you count it as a no vote, or do you count it simply as no interest. So we'll have to determine that as well. CHAIRMAN HENNING: Okay. Commissioner Coyle? COMMISSIONER COYLE: With respect to the ballot itself, I really believe you have to bring that ballot back to us in a public hearing so that we can take a look at it before it's sent out. I really would like for the board to see the ballot and make a final approval on the ballot before it goes out. I think your idea of doing a test run on it is a really good idea, because these are tricky things. The other thing I would suggest to you is that you arrange to have the ballots brought in, but not opened, and you open the ballots in a public forum, and they can be counted publicly so everybody knows how they're counted, and the final thing is that you didn't tell us in your brief overview, I think I know the answer, but it might have started before I got here. How did we get to the point of awarding a contract with Dover Kohl? How did you get involved in this process? MR. SCHMITT: That actually goes back to 1995, when the county sent in its first EAR, evaluation and appraisal report. We were criticized by the state department of Community Affairs, for not having a community plan that addressed community character and community redevelopment. Let me just -- COMMISSIONER COYLE: I guess my point is, did we go to the Naples Park, and say, we want to develop a plan for you? MR. SCHMITT: No. That's -- what had happened, we then proceeded with the community character plan. As a result of that, the Board of County Commissioners committed $250,000 a year, per year, they were ear marking for various studies throughout the county. It was the residents of Naples Park who petitioned the board, approached the board, and actually in, I believe it's September, October 2000, let me just look at that date. Actually, it was April 2001 where the residents approached the board and asked that Naples Page 232 June 10, 2003 Park be considered, and Naples Park was identified as a perfect site, and on September 10th, 2002, the board approved staff to negotiate with Dover Kohl, because the residents also asked specifically for Dover Kohl as a follow-on, because Dover Kohl did the initial community character plan. So on September 10th, 2002, the board directed -- COMMISSIONER COYLE: Yes. MR. SCHMITT: -- staff to negotiate the contract. COMMISSIONER COYLE: Okay. MR. SCHMITT: So it was the request of the residents at Naples Park that initiated the entire process. COMMISSIONER COYLE: Okay. Thank you. You answered my question. Thank you. CHAIRMAN HENNING: Please. We'll have a chance for the residents, so we want to -- we do want to hear from you. MR. SCHMITT: And I know there's some disagreement as to what was the representative party that -- at least representing the majority of the residents of Naples Park, but I was here at that meeting, and in fact, they approached the board, and they asked the board to initiate this study. CHAIRMAN HENNING: I remember that clearly. I'm in favor of asking the residents, but it's how we ask the residents to implement this plan is the question. I have some recommendations, but I would want support of the commissioner of the district. We have brand new equipment from the supervisor of elections, and instead of going out and spending the money for an outside consultant, why not spend it in house and let the supervisor of elections prepare the ballot with the help, because you have two sides of this issue. You have people for it and against it, with the help of two representatives on both sides. MR. SCHMITT: We will still have to have an absentee ballot, Page 233 June 10, 2003 because there are many -- COMMISSIONER HALAS: Absentee owners, and I think the best way we thought we would address this would be through the water bills, because that way we're sure that we're getting to all the particular peoples that own the properties there in Naples Park. MR. SCHMITT: Again, I'm hesitant to use the water bill. That's only-- MR. MUDD: Commissioner, you need to do an absentee ballot to the property owners. It goes to the people that pay the property taxes. If the water bill goes to a tenant, it could go to a tenant that pays the bill, pays the electricity, the water and the rent. Okay. Not necessarily the property owner of that particular -- that particular piece. MR. SCHMITT: I will have to go to the tax assessor's office and pull the current tax assessment addresses and property owners, and that's who will receive the ballots. COMMISSIONER HALAS: But I think the only fair way to do it is to have a ballot that goes to every person that's a property owner, and have them decide what they want to do, because I think that we've got a large sampling here of residents, but I think we also have a large sampling of residents that are kind of the silent majority, I guess you could say. CHAIRMAN HENNING: Okay. Ms. Filson, how many speakers do we have? MS. FILSON: 18. CHAIRMAN HENNING: We have 18 speakers. We don't want to lose the majority of the board, so let's give each speaker three minutes. MS. FILSON: Okay. The first one is Loretta LeLeux. She will be followed by John Austin. MS. LELEUX: For the record, Loretta LeLeux. I'm a resident at 800 104th Avenue North. Good afternoon, Commissioners. Page 234 June 1 O, 2003 First of all, I would like to apologize to you all for the slurs that have been against you, that you were in cahoots with Dover Kohl to take over the Naples park area for whatever reason. I was one of the original neighbors that got together with some of my other neighbors, and it was not the property owners of Naples Park that instituted this. This was just neighborhood driven. There were several of us that had participated in focus, and in the community character plan for Collier County itself, participated in their workshops, and we liked a lot of the ideas they had, and we felt that Naples Park could be utilized, because we could utilize some of what was out there, and we had originally come to the board requesting a change in the zoning from RMF-6 to single family, which is what we used to be. And with the persuasion of the commissioner said oh, this would be a perfect place for Dover Kohl to study a neighborhood that could be revitalized, and that's where we went. We kept pursuing it. I personally like a lot of the ideas that they have, but everyone has an opinion, everyone is entitled to voice their opinion. We have had a lot of animosity in the neighborhood because of this. A lot of people are afraid to speak in public. Unfortunately, maybe, I'm not one of those. I will get up and speak in public. I feel that this needs to go to a vote. We live in a democracy, and in a democracy, you get to vote on it, and that the people that are concerned and want to voice their opinion will return their ballot. If they do not return the ballot, it should not be counted. When you, as commissioners, stood for election, the people that showed up at the polls and voted for you or voted for you with an absentee ballot are the votes that were counted, and 50 percent plus one, or whatever your majority was, that's how you won. You did not count how many voters were registered to vote that did not bother to be concerned. We have a lot of people that did not bother to attend any of the meetings or any of the workshops, and it's only when they were misinformed, pieces and bits from the plan, and came up with Page 235 June 10, 2003 opinions and voiced those opinions, and we have a lot of people that have e-mailed me that they're very much in favor of this, but they're afraid to speak out because they don't want to be retaliated by some of their neighbors, or to be embroiled and embarrassed. So all I ask is that you please let us vote. Whether it's for or against, you have a chance to vote. Thank you very much. MS. FILSON: The next speaker is John Austin and he will be followed by Barbara Bateman. CHAIRMAN HENNING: If I can ask Ms. Bateman and the speakers right after Ms. Bateman to stand behind the speaker before you. MS. FILSON: After Miss Bateman is Betty Mathys. CHAIRMAN HENNING: Then we can get through this much quicker so you can go home. MR. AUSTIN: Good evening. I have the answers right here. They're in your records. They're on film. They're in the court records. We have some. We're investigating four more films and more records, but right now, there's some damaging evidence here, and the proper procedure should have been this, no ad hoc committee, self-appointed, has the right to speak for the citizens that are property owners of Naples Park. That organization had a paid membership of 45 people, and they approached you with four or five, and I can name them, Vera Fitz-Gerald, Erica Flynn (phonetic), Loretta LeLeux, and Sally Barker (phonetic), not even a resident of Naples Park, lives in Pine Ridge, is over here pining away for the thing to happen. You, Mr. Henning, were on the ball. You said, I need to say that the civic association, my experience, you know, maybe doesn't represent the community and all its feelings. So you know I've been interviewed in the community for civic associations for a number of years, and I enjoy it. What they want to do is improve the neighborhood, but again, Page 236 June 10, 2003 let's check the sense of the community as a whole. It wasn't. Nobody was contacted here. They said they contacted us by newspaper. There's only 600 newspapers goes into Naples Park with 7,000 residents. That's nothing. If I was in the circulation department, I'd quit, but they didn't get the message to us. They say they had circulars. Their circular machine was busted. There was nothing but political par, and you admitted it, Donna, because you said, they kept coming to you, they kept coming to you. How come nobody on the opposite side came to you? Because they didn't let us know. We had no idea what they were doing, and Mr. Coyle, you backed Mr. Henning on that, and you asked about the cost. You asked about it, John. You asked about it, Mr. Henning. Frank, you were out of it. You were the new boy on the block. Okay. But it's still going on. Here they are asking and demanding for things, and saying, we should do this or we should do that. That's four people. We are 3,145 property owners. So that in other words, what they're saying is 300 and -- 3,100 aren't for it, only their 45 are, and they convinced you. And unfortunately, you dropped your candy in the sand listening to four people, instead of talking to us. You should have come out and talked to the people, and this would have never happened. That gentleman told me today, Mr. Austin, if you had this in effect at the time that this was being presented to Naples Park, if you had your group, Dover Kohl would be gone back to Miami, and he was right. That's where they belong. Not here. We don't want the plan. No part of it. And if you have a ballot, it must be the Democratic way. Yes or no. Not a menu. We've had three menus from them, and they've come up with nothing. We have over a thousand signatures in our organization saying no to Dover Kohl. So we look to you for results. Thank you. Page 237 June 1 O, 2003 MS. FILSON: The next speaker is Barbara Bateman. She will be followed by Betty Mathys, and she will be followed by Dolores Klein. MS. BATEMAN: Good afternoon, Commissioners. My name is Barbara Bateman. I am the civic chairperson for the Naples Park Area Association, and I will be speaking on behalf of the association as well as a devoted homeowner in Naples Park for 28 years. I will be addressing a couple of issues today. First of all, the Naples Park Area Association took a vote on the Dover Kohl plan at their April 17, 2003 business meeting. The results of the vote were 85 percent against the Dover Kohl plan. The community plan is too cost prohibitive, especially for those on fixed incomes. Many consider this an unnecessary financial burden for beautification. We have a lot of elderly people in our community, and it's really very difficult for them to go on with the cost of this plan. I would like to convince the board of commissioners, who is in control of our county, that there have been some discrepancies in the handling of the planning program for this Naples Park community plan. One of those discrepancies dates back to a videotaped county commissioners workshop meeting of June 5,2001, when former Commissioner Jim Carter, along with Loretta LeLeux, Vera Fitzgerald, let it be known that the majority of Naples Park was in favor of the proposed Dover Kohl plan. That started everything in motion for the county to endorse the ad hoc committee to proceed with their arrangements to create plans for the developers and investors to make it -- move in with their housing development and other amenities. In the interim, Jim Carter was voted out of office, and a new commissioner was installed. That same group continued their quest to promote the Naples Park community plan by Dover Kohl consultants to the new commissioner. They also had him convinced Page 238 June 1 O, 2003 that the majority of homeowners were in favor of the plan. So word finally circulated through the park that we were going to have new drainage, tree sidewalks, with an estimated price tag of $10,000 per 50-foot lot, plus an additional $3,000 more to make Naples Park a better place to live. A small number of people had no difficulty promoting the Naples Park plan for the commissioners to accept, but over a thousand owners are not able to convince the commissioners we don't want the plan or the ballot. Isn't the scale ofjustice out of balance? Why is it so important to have a plan? Why is it so important to have this plan? One of the reasons is our commissioners are considering adding Naples Park, and it's our opinion, to a current established community redevelopment agency. According to the board of commissioners, January 8th, 2002 meeting, a plan is required by Florida statutes. A plan of this kind has to be a component-- CHAIRMAN HENNING: I'll have to ask you to wrap up. MS. BATEMAN: -- for establishing the CR. I will wrap it up. I'm almost finished. And it's for exactly this reason we do not want the plan, because as long as one item is selected from the menu of a variety of proposals, we meet the criteria of a plan for CRA, and it's this plan being considered for our best interest or the commissioners? A CRA is not an acceptable option for our community when looking for creative ways to finance the plan. CHAIRMAN HENNING: Ma'am, I'll have to ask you to wrap up. MS. BATEMAN: No more rules or regulatory measures, and we ask, please take our plight, and if there is a rejection of this plan CHAIRMAN HENNING: Ma'am, thank you. MS. BATEMAN: -- to stop the ballot, you want to proceed, we Page 239 June 10, 2003 need to have input from all communities. CHAIRMAN HENNING: Thank you. MS. BATEMAN: Thank you for the opportunity to let me speak. CHAIRMAN HENNING: And then some. MS. FILSON: The next speaker is Betty Mathys. She's followed by Dolores Klein, and she's followed by Marrela Carratala. CHAIRMAN HENNING: Ms. Filson, would you repeat that, and if I could ask the audience to hold their applause to the end. You can congratulate all the speakers at that time, so we get to all the speakers. MS. FILSON: Dolores Klein. UNIDENTIFIED SPEAKER: behind her. UNIDENTIFIED SPEAKER: should be first. MS. FILSON: Marrela Carratala. MS. KLEIN: I'm sorry. Mrs. Mathys is first. That's okay. Let her go. I'll go I was here at nine o'clock. So I Okay. Dolores Klein and Betty Mathys, then I'm Dolores Klein, and I live in 717 91st Avenue North. I bought my house in 1976, thinking that Naples Park was a beautiful place to live, and I still believe Naples Park is heaven. We don't need no more trees. I just had two cut down, and you wanted to put trees on my house. Forget it. And this is all I want, your help. We don't want this ballot. Now, remember, a few years ago you commissioners, you were not here, decided to send the ballots, empty ballots out to the people that were out of town. It was a -- refuse them. They didn't send. A lot of people don't get them in the mail. So what is going to be, $25,000 on us? No, that's no good. Wait until those numbers are here, and then you have it out. Thank you. CHAIRMAN HENNING: Thank you. MS. KLEIN: And no for that. Page 240 June 10, 2003 MS. FILSON: Betty Mathys, and she will be followed by Marrela Carratala. MS. CARRATALA: The ballot should not go out, because a four-page ballot is going to be confusing. Every time I have seen a survey from Dover Kohl, all of the ideas in the plan are always presented without prices on the survey. I like lots of things I can't pay for. Out-of-town property owners may not understand the cost involved, and vote, assuming there is no cost. The 122 citizen planners should have been given cost figures from the start. I'm sure Dover Kohl had ballpark figures. If there are 3200 pieces of property, 122 people, the citizen planners, represent less than 4 percent of the owners of the property. That's how many people were interested in a makeover. Any zoning changes should be considered item by item, not as an overlay. That way we will be sure we are not getting unwanted changes. When you just overlay, there's too many details to be absorbed by everyone. But the worst thing that I object to is discussed on Page 714, and that is that there will a committee, an advisory committee established, if even one item is approved, and they will not be bound by the vote, and they will be advising. Let me remind you, we're here today because the committee appeared before you and misrepresented the fact that they represented the majority of people in Naples Park. I don't think a committee should be making decisions for me and my property. The ballot should be stopped, because the people voting could end up with unwanted changes and bring things upon themselves that they're not going to understand. Please stop this madness by a few people. Look into your hearts. Follow the golden rule. Do unto others as you would have them do unto you. Thank you for your time. CHAIRMAN HENNING: Please, please, please, please, please. Page 241 June 10, 2003 MS. FILSON: Marrela Carratala. She will be followed by Manuel Rodrigues. He will be followed by Carole Stefano (sic). MS. CARRATALA: Ladies and gentlemen, my name is Marrela Gonzalez-Carratala, and I stand here before you today regarding the Dover Kohl project. I have come to address you in the hopes that in these times of short funds for education, social service, crime prevention, even national security issues, that you commissioners of this county can so casually intimate that the property owners of Naples Park live in a blighted community. If this were true, why would persons from all over the country, as well as others, come to buy up property for their homesteads and for their seasonal homes, nor would the middle class, and others, consider it the place to live in Collier County so close to the beach. Not everyone cares to live in a gated community, nor does it need to be revamped for businesses along the 41 corridor. The businesses are small, and there are no large parcels of land available. I don't know where we would start to revamp. If that were the case, that it was so undesirable, why would the very large shopping center be put in on 41, and right on Immokalee Road, why would they have gone up, and in less than two years have all of their outparcels been committed to being built. Also, I'd like to address the traffic situation as to the speeders in the area. That cannot be solved by any entity other than law enforcement. How dare Dover Kohl imply that they alone will solve this issue. Traffic control is in the hands of the very capable Collier County Sheriff's Office, and if we, the residents and property owners, feel that it needs to be addressed, then we, as a community, will follow the steps necessary in the proper way to resolve it. May I add that those steps are one, to contact the Sheriff's Office so they may have it on file and conduct a proper research and compile statistics as to the problem itself, and two, along with the Sheriff's Office, draft a letter addressed to the DOT of the county and the traffic engineer to Page 242 June 10, 2003 get the matter resolved. Let us correct Dover Kohl along with Colonel Schmitt and the traffic engineer for the county, who has misrepresented themselves at prior meetings by telling us that the Dover Kohl plan is the only solution. I could go on and on as of-- with the misrepresentation of the Dover Kohl plan. The bottom line is we, the majority, and when I say majority, I mean over 75 percent of the property owners in itself of Naples Park, feel that, number one, we don't need it; number two, we don't want it; and number three, we will have to do whatever is necessary to see that it is not forced down our throats. I tell you, ladies and gentlemen, it would be wise to heed the will of your constituents, for a friend in need is a friend indeed. Good day. MS. FILSON: The next speaker is Manuel Rodrigues. He will be followed by Carole DiStef-- DiStefano and Jeannie Darbyson. MR. RODRIGUES: Good afternoon, commissioners. I'm kind of new at this, so you're going to have to excuse my inexperience. My name is Manuel Rodrigues. Our family has lived in Naples Park for 14 years. My two sons have attended Naples Park Elementary, participated in North Naples Little League for about eight, nine years, and they have recently graduated from Barton Collier High School, and now are enrolled at Florida Gulf Coast University. I'm giving you this information because I want to stress to you all that my family's roots are entrenched in this neighborhood. We do not want to be uprooted and forced to relocate to another city. I want to live in a community where there is diversity, where all of the homes and trees are not the same. We don't need more concrete sidewalks, and for family recreation and sports, we have the beaches and the two parks that already exist, Pelican Veterans. We don't need no more parks. My family and I enjoy riding around and admiring the different Page 243 June 10, 2003 people, the different landscapes. They -- we've seen how, through the years, the Naples Park residents have beautified their community on their own. We don't need an outside plan to tell us that it's in our best interest to improve our homes. They, they being my homeowner friends here and I, don't need any homeowners association made up a few members, telling the majority of us what to do. As a matter of fact, none of my real estate legal documents stated the fact that I bought into a gated community where I was going to be represented by a small group of people. I bought -- there is only one legal representation on my behalf, and that is you, Mr. Halas, the one I voted for. That's the only legal representation that I have on my behalf. I bought this property in June of 1989. It's a townhouse with attached duplex. It sits on four lots. So you can see what it's going to do to me financially, and I am not, despite what you've heard, I am not a particular slum lord. The tenants that still -- there is one tenant that has lived on our property one month longer than I have owned that property. His rent has not gone up. Now, to you, to some of you, that doesn't make good business sense not to raise the rent, but to me, money is not equivalent to being a good neighbor. The gentleman has been a great friend to our family, a good role model to my two sons. He has been their friend, their brother, their uncle, and at times, their grandfather. Are you going to force me to eradicate this 14 year relationship because of this restoration plan? Do you think that it's the right thing for me to do to pass this assessment on to the tenant? CHAIRMAN HENNING: I have to ask you to wrap up, sir. MR. RODRIGUES: I've have been here since eight o'clock this morning. Can you give me a little more time, please? CHAIRMAN HENNING: I've been here before that, and I want to hear from your neighbors. MR. RODRIGUES: Let me conclude with this. Let me Page 244 June 1 O, 2003 conclude with this. Okay? This ballot is only fair, in my humble opinion, if it's an up and down vote, and if you put a subjective question on there, you've mined the whole vote. I ask you, I plead with you, for my family my family's sake, I don't want to relocate. I don't want to pick up my roots here. I want to stay here, and I ask you, if you do pass this -- to go towards a ballot, that it's an up and down, no suggestive questioning, and I am against this plan. Thank you very much. MS. FILSON: The next speaker is Carole DeStef-- how about you say it? She is going to be followed by Jeannie Darbyson. MS. DISTEFANO: Good afternoon, commissioners. I'm a property owner also, and I'm going to give you my sad tale of woe. CHAIRMAN HENNING: Your name for the record, please. MS. DISTEFANO: Carole DiStefano. CHAIRMAN HENNING: Thank you. MS. DISTEFANO: I'm sorry. My mother passed away two years ago. I went to buy her property. I got siblings to settle the estate. When she died in 2001, her taxes were like $900. With the reassessment and me remortgaging the house, I'm paying $2,600 a year already. Now going into Dover Kohl's plan, where they give you a ballpark figure of $10,000 per lot, I'm on two lots. That's $20,000, at 7 percent. Works out to almost $24,000 to be paid back in 20 years. That's almost another $1,200 on my tax bill. Now, that's close to $4,200 a year for taxes. Now, I'm 64 years old. Most of the people in the park are retired, semi-retired. We're all on fixed incomes. Fortunately, I have a husband making good money. If I lose my husband, how in the hell am I going to pay what they want in beautification? Naples Park is nice the way it is. We don't need somebody coming in and telling us how to live. We bought that property to live on our property the way we want to, law abiding citizens. Thank Page 245 June 10, 2003 yOU. CHAIRMAN HENNING: Thank you, ma'am. MS. FILSON: Jeannie Darbyson, and she will be followed by Guy Page. MS. DARBYSON: Hi. I'm Jeanine Darbyson, and I just moved to Naples a year and a half ago, and I looked at 50 homes in Naples, 50 areas and homes to decide where I wanted to live, and I chose Naples Park because of the location, and I work in the service industry, and I'm there to be -- to live in Naples forever, and of course, it was -- it's still affordable maybe. I'm in a $200,000 home that's 20 years old, if that's called affordable, and it's only going to go higher and higher. As this plan goes through, it's going to add more money to me, and of course, taxes to maintain it, and then you hear about all of those other taxes coming into it, and how we're going to pay for eight and a half block to -- for the county to make more taxes, and that's just going to cause more traffic and more people, and I thought I bought in a single family community, not like all these townhouses, and also there's going to be a park right across from where I live. I wanted a nice home there, and now there's going to be a park with possible drugs and gangs, and of course, then there's going to be more maintenance and taxes on that, and that-- and then in the future, they're going to be row houses or townhouses, and again, more taxes. So definitely, I am against the plan, and I -- I mean, I bought a solid home in a solid community, I thought, and I wasn't planning on seeing change, and the people that are coming in there today are definitely fixing up their homes and making it like a home should be. And I'm going to read another letter about a woman in the park as well, and she talks about the money of being 10,000 and so much money, and so many people in this area are retired or on fixed limited incomes or in the working class, trying to make ends meet. $10,000, Page 246 June 10, 2003 less 30 percent, is a lot of money to people who just don't have it. Whoever told the commissioners that the property owners of Naples Park wanted this type of plan in their community was not speaking for all of the lot owners, and one thing that really bothers me is that the so-called improvements are being done on county property. Why do the owners have to pay for the improved county property? And I would just like to help push out the Dover Kohl project. I cannot-- and I would like to, again, voice my opinion. I mean, it's America, and I just want a yes or a no vote. I think it's too confusing, again, with the way, and if some people like this or that or it gets too confusing, people are not going to fill it out. So yes or no or monies involved as well. Thank you. MS. FILSON: The next speaker is Guy Page. He will be followed by Suzanne Dennis, and she will be followed by Marie Sourbeer. MR. PAGE: I'm a retired Boston police lieutenant. The reason I mention that is because I'll give you some of the reasons I'm against these plans. You're going to have tree-lined streets. I have these blown up. That's eight and a half street. Well, in the Boston area, the Boston common and the public garden, they took down all of the trees near the sidewalk, and they took down all the bushes in the '50s when I was a patrolman because people were getting mugged. If you line every tree -- every street in Naples Park with trees, you've got to put a light every 50 feet, but once it gets dark, you're going to get mugged, and now this young lady just mentioned about the parks. I have these here blown up. Six to eight parks. They don't tell you where the land is going to come from, how many houses they have to take out, and the third or fourth house will face this way. Where's the garage going to be to get your car in? Okay. Now, I did this in the last two days. You can't see it good Page 247 June 10, 2003 enough from here, probably. Those are the avenues. That's eight and a half street. That's 41. How much room you need to put this in, just between two avenues. Right here, I made ten squares between 91 and 92. To get the width of this, at a minimum 250 feet, you need to take out ten houses each block. Now, if they took out ten houses, and my house is the eleventh one, I don't want the alley for the trucks next to my window. All right. I'll let that go now. I'm going to show you this one here that I blew up. Incidentally, I bought the book from Laura Larou (sic) or Loretta Larou, which she will prove, and I said to her, how many pages are in the book. She said 77. I counted them and numbered them, because I'm a student. I'm not a high school grad, but I'm a student. There's 178 pages, and you remember better when you mark down the number of the pages. This is one of the pages. They ask different questions in these 12 squares. Do you like this idea, do you like that idea, do you like the other idea. Yes. All the ones on the left, you will notice, are 90 percent, 95 percent, 31 percent, until you got to the 12th box, which I numbered it number 12. Ability to pay. Six people were asked -- no, six people were asked to pay zero; 13 people were asked, they pay $50; 22 were asked, they pay a hundred; 35,200; 26, 300; six undecided. That's 98 people were asked, but for how many years would you be paying this, they don't say. In my experience as a Boston police officer, every place we had a lot of trees near the sidewalk, we had to take them down. I was in two of the toughest divisions up there as a sergeant, and later as a lieutenant. Thank you for listening. COMMISSIONER FIALA: Thank you very much, sir. MS. FILSON: The next speaker is Suzanne Dennis. Okay. Page 248 June 10, 2003 Marie Sourbeer. She will be followed by Susan-- UNIDENTIFIED SPEAKER: Baraban. MS. FILSON: That's it. MS. SOURBEER: I don't know what time of the day it is. I've been here since forever. I came here after working with the Sheriffs Department all morning with the Cool School, Cool Club, or whatever. I had a great time. But my name is Marie Sourbeer. I live in 100 -- 700 block on 100th Avenue in Naples Park, and if you'll please excuse me, I have one heck of a cold. I've been here for 35 years, so can you imagine and picture what Naples Park was when I came. I have pictures where there wasn't a tree on that place. Now, we're having people, like the lady said, cut down trees, because it's overgrown with trees, which is a wonderful thing, I guess. People wanted to know, why would you move way out there. The city limits were down where Tamiami Ford used to be, but I think that's longer than some of you are old. Over the last 35 years in Naples Park, we have had water. We have had sewage installed. We have had lights installed, and we paid for every bit of that improvement. Every bit of it was put to us on our taxes. We didn't have MSTUs then, but we paid for them. Now, after you commissioners have your planning department and the commissioners, code environment and so forth and so on, have allowed these humongous homes on a 50 foot lot, you're telling us we've got a drainage problem. Where do you think the water is going to go if you put -- build something concrete on a 50-foot lot. There are supposed to be ordinances that say you have to have seven and a half feet, that would be 15 feet between properties. I don't think you're going to find that anymore, and yet it has been not observed when the people go out and inspect those properties. You don't need to spend one more dime on this Dover Kohl Page 249 June 10, 2003 study. I wouldn't spend 25,000 cents to have a vote put out to these people. Put that money where it belongs. Hire some code enforcement people so that they -- that's what you tell us, the reason things happen like they do is because there's not enough people there to enforce the codes. You don't have a big enough staff. So that's what I would please ask you to do, not even spend one more penny on this Dover Kohl study. Put it on a shelf for 25 years. Thank you. We're going to wait after this next speaker until I MR. MUDD: get a quorum back. MS. FILSON: COMMISSIONER FIALA: MR. MUDD: Yes, ma'am. COMMISSIONER FIALA: quorum. MS. FILSON: I know. up next. The next speaker is going to be Susan Baraban. Shall we wait right here? We have to wait until we have a I'm just going to let them know who is COMMISSIONER FIALA: Okay. MS. FILSON: And after Ms. Baraban will be Joseph Squizzero. UNIDENTIFIED SPEAKER: I'm sorry. We're waiting, aren't we? MR. MUDD: Yes, ma'am. commissioners are on the dias. We have to wait until three We have a quorum. Ladies and gentlemen, if I can get you to hold it down, please. CHAIRMAN HENNING: I was listening. MS. BARABAN: First of all, I'd like to say thank you for being able to speak today, and I know that you're all, you've been here a long time, and I'm sure you're quite tired, so I'm grateful for your attention. My name is Susan Baraban, and I bought a house in Naples Park seven months ago. I looked at various areas. Pelican Bay was one of Page 250 June 10, 2003 the ones I looked at, and I looked at several of those types of environments, and the reason I did that was because I had no idea that communities such as Naples Park still existed. And what I mean by that, and the reason that I actually bought a house there, was because it's a community that has diversity. It's a community that is multi-ethnic. It's an independent community, and it's a dynamic community. Does it need improvement.9 Yes, it does, but I'm sure that the residents of Naples Park together can help to suggest what needs to be done in Naples Park. My greatest fear for this Dover Kohl plan is that Naples Park will turn into a Pelican something, and I don't mean that just to be funny. I mean that because that is my fear, and that's not the kind of community that I bought into, and that's not the kind of involvement, because I want to be involved in the community I live in, and that's not the kind of community that I want to live in. And I just want to say one thing, and that is that I take umbrage with the term, blighted. I would not have bought property in a blighted community. I bought property in a community that might need to be improved, but I'm not buying into a blighted community. So I just want to register any protest to that term, blighted. And I want to end by saying that Commissioner Fiala said earlier, referred to God, and I want to say that if this cause that we have here is just, then I ask God for a bit of justice. Thank you very much. CHAIRMAN HENNING: Next speaker? MS. FILSON: Joseph Squizzero. David Driapsa. CHAIRMAN HENNING: Yes. MS. FILSON: He will be followed by Vera Fitz-Gerald. MR. DRIAPSA: Mr. Chairman, Commissioners, David Driapsa is my name. I'm here to speak in favor of Naples Park community character plan. Our legal right to enact zoning laws is derived from Page 251 June 1 O, 2003 federal and state constitutional rights, which include the right to regulate the use of private property, if done to protect the health, safety, morals and general welfare of the public. Florida growth management requires a local government to encourage planned community growth. As part of this growth management process, community planning attempts to regulate growth, as required, to achieve four basic goals; one, to plan future land uses that allow the highest and best use of the maximum number of properties; two, to reduce the possibility that a particular type of land use may cause loss of value to the neighboring properties; three, to reduce present and future growth costs that must be borne by the taxpayers; and four, [o create an optimal social and economic environment as a result of community growth. A community can choose between success and failure. Lack of a growth management plan is a sure path to failure. A good community character plan creates adequate legal and administrative institutions for the control of private land development. Leaving the important decisions about the timing of development, its location, and its design in private hands violates good sense. Thus our fair growth enables property owners to misuse their land without regard to the impact on the community. American urban history shows that good communities, those that are beautiful, as well as safe and efficient, only arise when its citizens assume the obligation for their own destiny, and set in place adequate and appropriate community plans. The value of my property has doubled since I moved to Naples Park. I certainly believe it will be prudent to reinvest a portion of that increase into improving the community in which I make my home. I favor the Naples Park community character plan, and I encourage you to send out the ballot. I would like to say on the benefit of my neighbors for whom this Page 252 June 10, 2003 creates great hardship, is that you will consider reverse mortgage payment so the money they have to spend to improve this could be taken from the increase in value when they sell the property. I, for one, would be willing to pay more up front to help them to help my community. Thank you for your -- this opportunity to speak. CHAIRMAN HENNING: Thank you. MS. FILSON: The next speaker is Vera Fitz-Gerald, she will be followed by Robert Wilson. MS. FITZ-GERALD: I'm Vera Fitz-Gerald, and man, do I have a lot of power. I never knew it. I want to tell you that I have never read such garbage and so many lies that have been published in the Naples Park-- Naples Daily News as in the last few weeks. CHAIRMAN HENNING: No. THE SPEAKER: It's unbelievable. We don't have 45 members in the property owners in Naples Park. We have about 400 paid up members. Then we have a lot of people -- you see, these people believe in free speech, if they're speaking. CHAIRMAN HENNING: Okay. MS. FITZ-GERALD: They say that this group or that -- chose to take advantage of the planning process, didn't represent them, but they just stayed at home and watched TV or whatever they do, I don't know, but now they're here, this handful of loud, the mob violence, or the mob mentality is here saying, they represent Naples Park. They're saying they have 75 percent. Listen, if you believe that, I got a bridge in Brooklyn you might want to look at, and they sure don't represent me, and they don't represent hundreds of people that live -- As Mr. Schmitt said, this isn't a Dover Kohl -- oh, I took my glasses off, and I can't see. This isn't a Dover Kohl plan. This was a Naples Park plan. It came out of-- CHAIRMAN HENNING: Folks, please. Page 253 June 1 O, 2003 MS. FITZ-GERALD: It came out of the Collier County community plan, and we were featured as a mature neighborhood, and as -- Mr. Chairman, as you know, because you're working with that, you know there are a variety of committees that have formed to implement a lot of those items that were in the community character plan, and a group of very concerned, educated, intelligent people got together and went to implement this or tried to find funding to implement it, and to get a plan in place. They never said, you're going to do this. The Dover Kohl just listened to what the community said, the people who took time to go there, and they went back and they put the input into a plan. It's the Naples Park plan. I've heard that Dover Kohl is going to do the construction. Dover Kohl is going to plant the trees and skim off all this profit. Dover Kohl doesn't do anything like that. They just plan and they do what you say. We have a lot of out-of-town people who don't have the benefit of save our homes or homestead. They want this. I know that one of the people in the property owners of Naples Park put together a whole package of comments that we've received by e-mail, and I think she sent them to you. Sally Barker had absolutely nothing to do with this, absolutely nothing. The -- what else did I want to say. Oh, yes, the price -- CHAIRMAN HENN1NG: Please. MS. FITZ-GERALD: The price is between 6,000 and 6,500. It's not 10,000. They've grabbed 10,000 and gone running with it like a hungry dog. CHAIRMAN HENNING: I have to ask you to wrap up. MS. FITZ-GERALD: I know you do, but please, this is a Democracy. We have the right to vote. Let us vote on the various items in the plan as the county agreed. Thank you. CHAIRMAN HENNING: Next speaker. Page 254 June 10, 2003 MS. FILSON: Next speaker is Robert Wilson. He will be followed by Steve Cosgrove. CHAIRMAN HENN1NG: He's not here to speak. Thank you. MS. FILSON: Steve Cosgrove? CHAIRMAN HENNING: You give it to the county manager. Thank you. MS. FILSON: Mr. Cosgrove? He will be followed by Chris Carpenter, who will be your last speaker. MR. COSGROVE: Good evening, Commissioners. Thank you or letting us speak today. I represent only myself. I have been to some of the Dover Kohl meetings. I've spoken with some of you personally. I'm against the plan right now. I know -- it's my understanding that today's commissioner meeting, the agenda is just to discuss whether or not to spend the $25,000. I also understand that after the vote, if we go to a vote, that we will have opportunity later for public input before you guys pass whether we do any of these, is that correct, before we-- CHAIRMAN HENNING: I'll tell you, being an elected official, if you guys vote on something, and we do just the opposite, we're going to hang ourselves. MS. COSGROVE: That's my other question also, because in the past, in 1996, we know that you have the authority to do this without the vote. You do - we already have an MSTU established. I know you have the political smarts to not do it, but the last commission did do it. They put the first section of the water, the storm drainage on us -- CHAIRMAN HENNING: We will invite you back to give us some guidance on what the vote said. MR. COSGROVE: All right. CHAIRMAN HENNING: And interpret it for us. MR. COSGROVE: That's fine. And that's the only thing that I Page 255 June 10, 2003 would ask for you today. I want to thank everybody for doing their work. Mr. Schmitt, you guys, Dover Kohl, they did what they were supposed to, but the only reason you should spend $25,000 today is if you're going to go with the plan. Mr. Henning, I know that you spoke on Jeff Lytle's one-on-one this past week, and you said that you'd go with the will of the people; is that correct? Ms. Fiala, how do you feel about that? Do you feel you would go with the vote or do you have your own-- COMMISSIONER FIALA: Well, I would always go with the vote. Why would you vote against what the will of the people -- MR. COSGROVE: That's my opinion also. I'm just going by the past Collier County Commissioners. Mr. Halas, what do you think about that? COMMISSIONER HALAS: I believe this plan is for the people of Naples Park, and however they come out with the vote, whether it's for or against, that's how it's going to stand. MR. COSGROVE: Okay. Thank you very much for your honesty. I just want to say then, you should vote for yes to send out the poll, make it as easy as possible for the people. It will be worth your $25,000, because you'll know for sure that we do not want this plan. The majority of the people will come back and tell you that they do not want this plan, and if I'm wrong, then I would like to come up and work with you to get the plan going correctly, but please let the people vote. Everybody's vote should count, and I think the absentee ballots, if they're not sent in, should still count, because this is property rights. This isn't voting for a commissioner. This is property owner's rights, that a no vote -- an absent vote should be counted as a no, not just how many people can get riled up enough to come in and vote. So please consider that when you send out the ballots. CHAIRMAN HENNING: What is your name, sir? Page 256 June 10, 2003 MR. COSGROVE: Steve Cosgrove. I live in Naples Park since 1989, and I work in Naples Park. CHAIRMAN HENNING: Thank you. MR. COSGROVE: Thank you. MS. FILSON: Your final speaker-- UNIDENTIFIED SPEAKER: The gentleman whose name was pronounced wrong, and he didn't hear it. MS. FILSON: What is your name, sir? MR. SQUIZZERO: My name is Squizzero. Just the way it's spelled. How did you pronounce it? MS. FILSON: You're our next speaker. CHAIRMAN HENNING: Your name for the record, sir? Will you stand right up to the mike? MR. SQUIZZERO: Squizzero. MS. FILSON: I thought that's how I pronounced it. Our last speaker will be Chris Carpenter, right after you. MR. SQUIZZERO: My name is Joe Squizzero. I live on 108th Avenue North, comer of 7th and 108th. I've lived there for 30 years. Now, I've paid for everything that -- any improvement went on in that park. Now, I'm against this plan all together, because I don't see as it's going to help anything, and I feel the people in the park are looking to get their property -- their property assessments up high enough so they can make dollars and move out, but we're a -- we are a community, working people and retired people. We can't afford this program. And if you vote yes to go along with it, I'm going to go to court, and I'm going to sue you people. That's it. That's what. MS. FILSON: Your final speaker is Chris Carpenter. MS. CARPENTER: Hi. I'm Chris Carpenter, and I own a duplex in Naples Park, but I live in Vanderbilt Beach. First, I'd like to thank Commissioner Halas for moving this item from the consent agenda. I think that meant a lot to people in Naples Park. Thank you. Page 257 June 1 O, 2003 I'd like to suggest that if you do decide to do this ballot, I would like to suggest that you delay it in order to gather more information on drainage in Naples Park. Drainage is a key item in the Naples Park community plan, but drainage in Naples Park doesn't just affect Naples Park. It also affects Vanderbilt Beach, and people in Vanderbilt Beach are unhappy with the drainage into Vanderbilt Lagoon. In looking through this plan, in the section on drainage, the recommended drainage system has to do with a great inlet skimmer box, and it says in here that the alternative is subject to further review and approval from state agencies and may experience resistance for approval. Well, that kind of set off a little red flag with me. So I called a county representative who told me that that meant that it was not DEP approved, and that concerned me. Also, regarding drainage, I understand that there's an Army Corps of Engineers study for Vanderbilt Lagoon that's being considered. We might want to wait for the input from that, because the drainage in Naples Park does affect Vanderbilt Beach. Well, I'm saying that I think it would be a good reason to delay to get more information. How am I doing on time? MS. FILSON: Fifty seconds. CHAIRMAN HENNING: You're running out of time. MS. CARPENTER: I want to thank you for the time and attention and the money that you've spent on Naples Park. I wish that the ad hoc group that had come to you and asked you to do this study had done their homework a little bit more and found out what more people wanted before coming to you, and if they had, I think that a lot of the unpleasantness that we've been experiencing could have been avoided, but I do appreciate your efforts. So thank you. CHAIRMAN HENNING: Commissioner Fiala, you had Something. Page 258 June 1 O, 2003 COMMISSIONER FIALA: Yes. I had a few comments. I wrote them down, and being that the other guys aren't here, I'll try to skim through them. CHAIRMAN HENNING: You can take Commissioner Coletta's time. Please continue. MS. FILSON: But not Coyle's. That's too long. CHAIRMAN HENNING: That's for Commissioner Halas. COMMISSIONER FIALA: I worked focus long before I was ever on this commission, and as we were trying to form a community plan. Let me tell you, it had nothing to do with Collier County government. For those who say that it did, I didn't know a soul in government, and they weren't on that group. So I just wanted to say that. Also, a plan has to begin someplace. You're saying about the people who started it. Well, I live in a little area here called East Naples, and there's a lot of things we want to do here, but it all starts with a vision. Somebody has to come up with it, and then they tell their friends about it, and then they say, well, what can we do, as it happened here. They said, well, let's see if we can't -- but what they were trying to do was get all of you in on this plan. They started with an idea, and they said, let's get a planner, and then the planner then invited everybody, and I know, because we had to go out and hand deliver a lot of those invitations to everybody in the neighborhood, and they said, come in and let us -- help us to form a plan. Nobody foisted a plan on you. You guys were the ones that came up with the ideas to put on the plan. Everybody was asked-- CHAIRMAN HENNING: Please, please. COMMISSIONER FIALA: I'm sorry. I listened to all of you. Now you can listen to me. And so they were looking for ideas. We know that many people attended many of these meetings. And so I just want to say, a lot of Page 259 June 1 O, 2003 you have pointed fingers at us, saying that we're the bad guys. Heck, we weren't even a part of that. I mean, we didn't start it and we weren't on any of your committees or anything, and you can't point a finger at the people who came up with the vision. We all should be visionaries. Going on, it takes an -- oh, let me say next, Dover Kohl and our staff, they only assisted. They didn't start the process. We called them and said, would you assist us in putting a plan together. That was in response -- I took little notes while each person was talking, and the plan has a menu of selections. When each person says, vote against the plan, well, which part of the plan. I mean, it's a whole menu of suggestions, and if you don't want to do anything to your neighborhood, we'll poll you on that. If you want to leave it as is, hey, I want to tell you, that's great with me, because I'll take the money and use it in my neighborhood, and that would be wonderful, and you know what, we don't mind what you say. We don't care if you want it all down the drain. That's fine. It's -- we just want to hear what you have to say. We want to give you that process. We want to give you the ability to say, well, I do want code enforcement in here, or I do want extra sheriff's deputies in here, or I don't want anybody in here, but we want to give you that opportunity. Let's see. And somebody said something about forming a CRA, like we were trying to push it down your throat. That isn't something that we try -- you said that, pushed down anybody's throat. Do you know what happens with a CRA? We lose tax dollars. Why would we ever want to do that? I mean, in fact, we've been talking about never forming another CRA, because the taxpayers lose the dollars. So don't believe that for a minute. Somebody said it was a four-page summary. If we don't even know the questions that are going to be on it, or what form of ballot we're going to use, how do we know it's a four-page summary that people are going to vote on? Page 260 June 10, 2003 There are things that cost nothing. What's wrong with looking at a menu of choices and voting on each. I agree with somebody who came up here and said, let's make it really simple, yes or no. Absolutely right. You don't want ever want it to be convoluted. You want to ask the question and you want to ask the direct question, you know, not a fancy worded question. It has to be a question that you can answer yes or no to. I like that idea, and I think that's absolutely right. By the way, somebody said they don't want to be referred to as blighted. Did you know 5th Avenue was referred to as blighted? For all of you that have lived here a long time, you know that. And somebody else said something about parks or a place for drugs and gangs. I thought parks were a place for families and a sense of neighborhood. And you know what, I'm a very -- I strongly support parks, strongly support parks. So I don't appreciate that. Let's see. And also, somebody said, not only vote yes or no, but what are the dollars involved. I think that's an important part of a question. Do you want code enforcement officers at how much, no cost. Then you can know what you're voting on and how much it will cost you, and I think you ought to have the right to do that, and with that, I thank you for this time. CHAIRMAN HENNING: See what you did? You really got her wound up. You really got her going. Commissioner Halas. COMMISSIONER HALAS: I would just like to say, I want to thank everyone that came out today and endured a long process before your problems or your concerns were addressed. One thing that really concerns me in the short period of time that I've been a county commissioner, and I can't believe how much animosity this plan has caused. There's been a lot of misinformation that's been out in the neighborhoods, and I feel so bad about this, because this is a community that should be working together to figure out the best way that they can address some of their issues, whether Page 261 June 10, 2003 they be drainage, whether they be traffic, whether they be about concerns about how they're going to get their children back and forth across the street to a school. And this is part of what the study was all supposed to be about, and it got so far blown out of proportion that I just don't know the correct way to even handle this anymore, and yes, I think there was some homework that needed to be done ahead of time, and yes, then we might have -- we might have -- did not take the right steps to make sure that every person was notified, but I really believe that the majority of people that got involved in this program and process really believed in what they were trying to do. There was no -- Dover Kohl is not here to take your property. Dover Kohl is not going to build an eight and a half avenue. These were all ideas that came out of a brainstorming session. Dover Kohl is nothing more than a consultant group that basically called upon some of the residents that got involved in this process, and they sat down and said, what do you envision of what would you like to see, and so it's like, if you were a young child and you sat down and you started to day dream. This is all that took place, and these ideas and concepts were put down on paper. Then they were brought forth again for you people to look at, and then this is when the process just got out of hand, and I feel so bad about what took place in this community, and I feel that the end result has to be a vote for the citizens. If you vote it down, that's the end of it, but there may be some ideas in there, that when they -- when the ballot is finally put together and we have a group of citizens that look at this ballot to see if it's very simple, and if it addresses some issues or some concerns, it's a yes and no, and that's it, and what -- that's what we need to find out, because I know there's a vast majority of you people that spent all day here stating what you felt on this, but there's also other people here that aren't present that are in your community, and they would also like to have their voice heard too. Thank you very much for coming. Page 262 June 10, 2003 CHAIRMAN HENNING: I want to straighten out one rumor before we go. The gentleman sitting next to the county manager, his name is not Dover Kohl. COMMISSIONER HALAS: Yes. CHAIRMAN HENN1NG: So whoever spread that rumor, let me stop it right know. But Steve Cosgrove, I think, got it right, is he represents himself, himself, and I've heard so many people say they represent other people. They might represent ideas of those other people, but they don't represent those other people. There's one person in this room that represents the people in Naples Park, and that's Commissioner Halas, and you have some other representation that we call governor or president or so on and so forth, but nobody represents themselves here but themselves. Ideas, yes, I agree with that. The -- one of the people that got up and said they represented a thousand people or belonged to an association of a thousand people, might represent the same view, but it's my understanding that we have 3,000 homeowners or 3,000 property owners in Naples Park. MR. SCHMITT: A little over, about 3200. CHAIRMAN HENNING: So how are we going to know what the majority wants unless we do ask them, give them a menu to vote. Thank you. I've heard you speak, and I was very courteous to you, and I ask you to be very courteous to me. So I want to do what the majority of the people want to do in Naples Park, and it's very important to me, on Commissioner Halas' recommendations, because this guy pulled this off of the consent agenda and put it on a regular agenda so that you could have a voice, and all we want is for your neighbors to have a voice, and that's not too much to ask, and be involved in the process. COMMISSIONER HALAS: I make a motion that we move this -- that we advance the monies forward to come up with a ballot. Page 263 June 1 O, 2003 MR. SCHMITT: Actually, it's a transfer of funds. It's already money that's budgeted. It's in an account for other contracted services, and it's a transfer of funds into this contract, or at least into this project. So it's not-- CHAIRMAN HENNING: Mr. Halas makes a motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Commissioner Fiala seconds the motion. All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: (No response.) CHAIRMAN HENNING: Opposed? The motion carries 3-0. MR. SCHMITT: Mr. Chairman, just for clarification, we will bring the ballot back for public view. We will involve the public, and I personally really would like to apologize to the residents of Naples Park, because I believe -- I think we, as staff, failed in at least ensuring that everybody had the truth in this. As hard as we worked, and Commissioner Halas, you know, you were with me for the majority of this project, but obviously we failed somewhere in getting the information out and getting the truth out to the public so they could at least assess the real stow. I'll commit to you that we'll do better in developing the ballot to ensure, number one, that it can be understood, number two, that they have a choice. COMMISSIONER FIALA: I know if I lived there, I would want to be able to have my voice heard through a ballot, and I would really feel like people didn't listen to me if I wasn't able to vote. So I'm glad we carried that vote. CHAIRMAN HENNING: Do you need a break? I do. Where are we at, Mr. County Manager? Page 264 June 10, 2003 COMMISSIONER HALAS: Can I just take- Item #1 IA PERKINS REGARDING VARIOIJS TOPICS OF INTEREST MR. MUDD: Mr. Chairman, we have finished through ten. We are now on to public comment on general topics. COMMISSIONER FIALA: We're going to have to hold for just a minute. CHAIRMAN HENNING: Why don't we wait until the great folks from Naples Park clear the room, and thanks for being here. I'll come down and talk to you. MR. MUDD: The mike's off. (A recess was taken.) CHAIRMAN HENNING: Everybody take their seats, please. First speaker? MS. FILSON: Our first speaker is A1 Perkins. He will be followed by Bob Krasowski -- CHAIRMAN HENNING: How many speakers do we have? MS. FILSON: We have three. CHAIRMAN HENNING: Okay. Thanks for staying with us, Mr. Perkins. MR. PERKINS: A1 Perkins, Bell Meade group, but you probably already know that. Ladies and gentlemen, you people at home particular-- Katie, where are you? Get on the ball. Hey, I helped to get this stuff put in here, and I want it used on behalf of all of the people. COMMISSIONER FIALA: But I'm sure Katie heard you, too, bless her heart. MR. PERKINS: I'm sure she did. Page 265 June 10, 2003 And commissioners, well, you've been the whipping boards here this afternoon. That's obvious, you know, but one thing I do want to say about you people, you have tolerated a bunch of people who have damn good right to get irritated about something they didn't know about until after the fact, and by getting the message out, they showed up to voice their opinion. This is so important, it isn't funny. You can jump in my face anytime you want to but don't get to my back. Tom and I have known each other for years. Donna, I don't even remember when I met you for the first time. It's been that long. I used to have dark hair, right? Frank, he's a newcomer on the block, but anyhow that's not what I'm getting at. I want to make some points, because my three minutes was too short earlier, and I don't come in here to be a nice person and to take and butter everybody up. The South Florida Water Management, in particular Miller Boulevard Extension, which is an evacuation route from Marco Island and Goodlette, now, I've been yapping about this for over ten years, because this is to save people's lives. Now, if the South Florida Water Management would like to take and see people dead, that's their business. If the Wildlife Federation wants to see people dead, that's their business. The Conservancy wants to see them dead, that's their business, but they're all here with their hand in my pocket, holding my credit cards, and they're going to take and spend as much money as they can, and most of it goes into their pocket. You people don't know this, but the Conservancy and the Wildlife Federation, and the Audubon, they all work on commissions of the sale. The Conservancy, the CEO is paid $103,000 plus percs. The Nature Conservancy sold $5.5 million worth of oil from their oil wells. Then they turn right around and say, hey, the environment, the environment. I wanted to know whether or not they sold it to North Korea. very important. It could be. But anyhow. Now comes the important part. Standby. Don't you people get Page 266 June 1 O, 2003 suckered into entering into collusion to steal the people's property by Jeb Bush's cabinet or especially the embedded crooks of the DEP, and if you don't believe me, you people weren't at the meeting. Let me repeat that. You people have not been at the meetings. I have. Every damn one of them. And let me try to tell you something and you won't know about it. Do you know that when Clarence Cheers (phonetic) came in here and gave you $45,000, was he playing Santa Claus? He was promoting himself and the war. Whose money was it? If he's got that money to give away, then he's overcharging the people. What you don't know. They gave $170,000 to the DEP from the South Florida Water Management. Whoa. That's double funding. That's misuse of public funds. Given this John above, $45,000, that's misuse of funds. He has his own budget that you people either approve or don't approve. Now we have a lot of money that is being filtered through, but -- and you people at home, you ought to listen, the catch to it is, is not in the transaction as it is in the administrative services of 14.5 percent for their pocket. Now, nobody says what the amount is. In the case of the Nature Conservancy, it was 14.5 and 3 percent profit. Whoa. Since when does a charity run on profit. Now, I'm going to take and push this just a little bit. Okay? CHAIRMAN HENNING: Now I have to ask you to wrap up. MR. PERKINS: I will wrap up, but I want to make sure, because see, you're dealing with my money, their people's money, everybody else's money. Very important. You need to pay attention to the words. First of all, there's gold in the gate. Fraud, perjury, collusion, malicious process, asking what it's all about, legal malpractice, okay, extortion. Better known as mitigation. Pay particular attention to where the crooks are because CHAIRMAN HENNING: Mr. Perkins -- Page 267 June 10, 2003 MR. PERKINS: Yes. CHAIRMAN HENNING: Please wrap up. MR. PERKINS: Right. No matter what you say, corruption is still with us big time. With that, I'll quit. By the way, find a place to put the new airport out in the Bell Meade. CHAIRMAN HENNING: What new airport? Item #1 lB BOB KRASOWSKI REGARDING ZERO WASTE MS. FILSON: The next speaker is Bob Krasowski, and he will be followed by your final speaker, Michael Saadeh. MR. KRASOWSKI: Good evening, Commissioners. Nice to see you again. I'm here to speak on a few loose ends. It seems to be my topic of the millennium here in regards to zero waste, but I'd like to make an observation in regard to some of the comments Mr. Perkins has just made. You know, it seems that environmentalism has become so lucrative that it's attracted the interest of a lot of people looking to make money. So what used to be kind of an idealistic, people like squirrels and fish and birds, is concentrated into an enormous business interest. CHAIRMAN HENNING: Kind of like trash. MR. KRASOWSKI: Huh? CHAIRMAN HENNING: Kind of like trash? MR. KRASOWSKI: Including-- yeah, trash. Well, people deserve to get money, be paid for the service they provide, but sometimes it gets way out of hand. An article I read recently identified the fact that the Nature Page 268 June 1 O, 2003 Conservancy, the big organization, is now -- their board of directors is comprised of head CEOs from the oil companies, and there's this big blowout in the environmental community about multiple use of lands, where oil exploration was allowed on protected lands and killed all of these endangered birds and stuff. So -- I used to think A1 was like anti-environmental, and way out there, but the reality is he's in tune with a lot of things. So I'm using up my time, right? But that's very valid. Here's what I'm about. I just dropped off to you, the county attorney, Mr. Mudd, some highlighted information from that agenda of 6/26/01 where you folks voted to go ahead and put out an RFP for zero waste. Now, I'm going to have to check a few meetings after that, because I had a conversation with Mr. Mudd, and he said, well, look at these other things, there might be something in there where that direction was rescinded or something, so I'll have to look before I shoot off my mouth, right, but I do want to check that out. But I did want to take the opportunity to show you, and if you could, when he got a chance, read these highlights. It shows that I, in my presentation of what we submitted as a scenario of ideas, of a scenario that could lead us to a better understanding of what might lead to the county's program on waste handling, and remember this, that all of these scenarios were offered as things that we would continue to pursue or drop. So the waste to energy, incineration, the composting of all of the municipal solid waste were dropped as things we wanted to continue and pursue, but we, on our flow chart that was included in that presentation, which I have here on the board here, now, on the illuminator or whatever you call the screen, we included the zero waste strategy, but we also included the organic waste processing that was exemplified by the CCI Canadian compost, but I made it clear, and it's noted in those minutes that that was an option to be removed or kept in after we looked at it, but that wasn't an intrinsic part of the zero waste strategy. So by negating Page 269 June 10, 2003 CCI and getting rid of that, or the FIRCO (phonetic) option, we were told that FIRCO would only handle big logs. What it came down to when George Umus (phonetic) went and visited FIRCO, they also handled wood chips, and you had to chip them up. So if you have to chip them up, you just compost them. Why spend the money on a facility like that. So what I'm suggesting to you is that what we presented, what was then changed into this, by Malcolm Pirnie, which shows 180 to $200 per ton charge for collecting organics, which we balked at. Then because we balked at it, we had a meeting with Malcolm Pirnie, Mr. Mudd was there, moderated it, and they withdrew the zero waste evaluation from the document that was created as a result of that 6/26, but we didn't want them to drop zero waste RFPs. So what I have here now, which I will work out in greater detail and bring to you at the next meeting, this is the flow chart that represents zero waste in a more direct fashion. This is the type of system that we would like to see you put out an RFP for, put out an RFP for zero waste so zero waste consultants with experience in zero waste, these professionals could come, do an evaluation, and provide us a professional level zero waste option or a maximum diversion option for the county to use as comparison to a pyrolysis facility type option, if you ever get there. Also included in this, and like I said, I'll be back. CHAIRMAN HENNING: I have to ask you to wrap up. MR. KRASOWSKI: Okay. I'll wrap up right now. I'll be back with a more detailed thing here, but we have combinations of using this system, and then temporarily maybe trucking some of it out, if we have to, if we're squeezed for time, but I don't think we will be squeezed for time. How many -- I'm done, but -- CHAIRMAN HENNING: You're out of time, sir. MR. KRASOWSKI: Here's the -- what Dr. Connet (phonetic) Page 270 June 10, 2003 did, Mr. Mudd mentioned the last time. This is the Halifax plan. wasn't into CCI. CHAIRMAN HENNING: Thanks, Bob. MR. KRASOWSKI: Okay. Thanks a lot. CHAIRMAN HENNING: See you next meeting. He Item #11C MICHAEI~ SAADEH REGARDING A VINEYARDS PROJECT MS. FILSON: Your final speaker is Mr. Michael Saadeh. MR. SAADEH: Good evening, Commissioners. I'm sorry to keep you late on a late night already. I'm here to represent Vineyards Development Corporation, my company, and to address the grievance that we've encountered during a permit process on a project in the Vineyards known as Hammock Isles. Hammock Isles is a single-family neighborhood consisting of 193 lots. That's a very final single family neighborhood in Vineyards. We have one more multi-family, we'll be done with the project. We applied with the county, just to give you a little chronology of the dates, we applied for the county for a preliminary subdivision plat, as the process required back in August of 2002. The project went through multiple revisions. The final revision with the final comments were due on January the 6th, and at that time was the first time that the county advised, subsequent to the 6th of January, on the 29th, transportation gave us some comments requesting turn lanes for the project, which happens to be inside the gate on a private right of way. So they were a few weeks behind the deadline on responding to the project after the third review, the first time they mention the transportation turn lanes requirements. Page 271 June 10, 2003 We complied with those requirements by the 4th of February, and by the 21st of February, they released the PSP, which led us to submit for the final plat, and that was submitted on the 24th. So it took us only three days from the date of the approval to put in for final approval, and that's the system. We could not file for final plat until the original plat was approved. Then during the process, the county was contemplating this impact fee ordinance that the county eventually adopted back in February 5th, and the project, under normal conditions, should have been permitted regardless before the date came about, but even under the worst of conditions, the process, as is dictated by the county, and interpretations that were given to the development community and DSAC and to everybody who inquired about it, we were told specifically that any project in the pipeline during this ordinance, if it's already in the pipeline, it's going to be vested. We were very surprised to know recently that the project is -- was not considered vested, only because of some technicality on the language of some sort, and I have had a meeting with Mr. Schmitt, who advised me he concurs with our position, that the project should have been, one, reviewed sooner, and to many reasons, whatever it was, it didn't, and secondly, it should have been vested, but the way the language or the ordinance was written, it specified final plat versus preliminary plat, and your system does not allow to file for a final plat before your preliminary plat is approved. So physically, we were in the system on August 21 st of last year, and you adopted your ordinance six months later, in February, and then somehow we weren't being interpreted properly within the system. Mr. Schmitt advised me that he does not have a mechanism himself or the department of development services does not have a mechanism to overcome this issue. It had to come to the board, and that's why we're here today. Page 272 June 1 O, 2003 I'll be happy to entertain any questions that you may have. I would appreciate your consideration. CHAIRMAN HENNING: Mr. Saadeh, you applied for a site development plan in August and didn't get it out until January? MR. SAADEH: That's the first review for the preliminary plat. We got that -- the last letter came in on the 29th, and that requested turn lanes, which was not in any part of the original reviews. Then we complied with that the first week of February, on the 4th, and then the final review, we were able to file for final plat on the 24th, and actually now we're ready to be released except to resolve this issue on the impact fees. So technically, the process is almost ten months of process. CHAIRMAN HENNING: So it sounds like what this needs is the board needs to clarify the action, the previous action that we did? MR. SCHMITT: For the record, Joe Schmitt, administrator, community development, environmental services. Just for clarification, this was not an SDP. This was actually a preliminary subdivision plat, similar, going to final subdivision plat. What Mr. Saadeh explained is in fact exactly what happened, but this was not the impact fee ordinance. It was actually the concurrency ordinance, 3.15 of the LDC, that says that 50 percent of the transportation impact fees will be paid upon final approval of the -- of actually issuing of a local development order, and a local development order, at least from this ordinance, was defined to be the approval of final -- of a final subdivision plat or the approval of a SDP, site development plan. When the ordinance was passed, we set the line in the sand as actually saying anybody that was in the process for review was considered to have -- not be impacted by the change in the -- CHAIRMAN HENNING: Thank you. MR. SCHMITT: -- land development code. So if in fact you go down that road, and I just have to caution Page 273 June 10, 2003 the board that if you consider moving that line to be the preliminary subdivision plat rather than application for final, it may impact a lot of other applicants, and I need to go back and assess how many other applicants would be impacted. That's one caution, but two, in this case, and without bringing out all of the facts, I mean, there's a lot behind this, and Michael and I both know, but it was frankly in review, and it was a transportation issue between his staff and Norm Feder's staff as to what type of improvements would be made, left turn lane, basically, and it went back and forth for several months. When the ordinance was passed, this was kind of caught in that window. If you just want to recognize this action only as having been considered, then of course, I leave that up to you, but I don't know, from the legal parameters, you'll have to turn to the county attorney, but there are some legal pitfalls, but in essence, I did agree with Michael. I think he submitted it in August, staff diligence and due diligence, that should have been approved, but there are some disagreements, and there were disagreements amongst his staff and my -- well, his staff and Norm Feder's staff. I'm ultimately responsible for the process. That basically just got caught in that harass of going back and forth about the issue. MR. SAADEH: Joe, in fairness, please, Commissioner, the first time that transportation mentioned the turn lane, and I have documentation that will prove all of that, if you would like to, I'll send it to your offices, was the 29th of January, was the very first time transportation mentioned anything like a turn lane, since August, the year before. So after the 29th, my engineer, who works for me on staff, made a call and decided to agree to it and legally I can give you 20 legal opinions saying we didn't have to agree to that. We agreed to it on the 4th of February. It took us five days. So the recollection on the transportation side, not on Mr. Schmitt's part, the recollection of the Page 274 June 1 O, 2003 transportation staff is a little bit distorted as far as their time lines. The turn lane was only brought up on January 29th, after four or five months of the process had started. We realize that these guys can hold a gun to your head, that they've done on previous times on many other projects, the transportation department did, so we decided to bite the bullet and accept the condition they put on us. It took us four days to accept that condition. So, you know, I would totally reject that argument that we delayed the process. I mean, they controlled the process from A to Z, and we were just in the system back in August of last year. That's a fact, and I don't think anybody can contest that. CHAIRMAN HENNING: I don't think that we can make a decision tonight. So if I could recommend that we can get this on our next agenda, June 24th, to resolve this issue. Commissioner, do you agree with that? COMMISSIONER FIALA: Yeah, I'd like to get all of the facts together. CHAIRMAN HENNING: Sure. MS. FILSON: It's kind of hard to just do that now. MR. SAADEH: Okay. MR. SCHMITT: The only thing I can offer, and that I did offer to Mr. Saadeh, was that he could pay the impact fees under protest, and in fact, we would hold that. That would certainly be -- we would have at least the collateral or hold the application, and we could issue the approval of the final subdivision plat, and he could get his certificate and proceed with his construction, which, of course, is certainly he doesn't want to delay that, and we would support any type of effort to do that, but I do not have the legal authority to waive any type of payment until the resolution. If the board chooses to do that, I don't know even know if that's in your prerogative. CHAIRMAN HENNING: I don't think it's a waiver. It's a decision that we need to take a look at and get the facts and you're Page 275 June 1 O, 2003 offering him up something in the interim until June 24th. MR. SCHMITT: Right. CHAIRMAN HENNING: But we're going to hear this item on June 24th. Thank you. MR. SAADEH: Thank you, Commissioners. Thank you very much. MR. MUDD: Before you go, Joe, can you conditionally approve -- MR. SCHMITT: Yes. MR. MUDD: Based on the board's decision on the 24th, and whatever the board decides at that time -- right now, Michael, the staff is basically going to recommend that we basically recommend to the board that they -- that you get grandfathered under the old rule and not the new rule, okay, and so that's the way that, you know, I've talked to Leo, I've talked to Joe, and that's the way we're going to come forward on the 24th. MR. SAADEH: Thank you. MR. MUDD: What I'd like the board to know is, and I'll direct Joe, to give him a conditional approval based on the 24th June decision by the board of county commissioners, and the board of county commissioners say on that meeting that he applies to the new rule at that time, Mr. Saadeh really doesn't have much choice in that juncture. MR. SAADEH: Within seven days from that time, we will deliver a cashier's check to you for the amount. MR. MUDD: Okay. MR. SAADEH: And I'm on record saying that. I don't think I'm going to skip town over it. MR. SCHMITT: I'll put stipulations on the approval, that subject to the outcome of the next board meeting, and he'll make payment then. That's fine. CHAIRMAN HENNING: Mr. Halas, do you have anything Page 276 June 10, 2003 else? COMMISSIONER HALAS: Just wondering if we revert back to the -- how am I going to say this. If we revert back to what the stipulation was before-- CHAIRMAN HENNING: Easy for you to say. COMMISSIONER HALAS: -- then how is this going to impact other people that already have put in for the process also. MR. SCHMITT: We'll have to come back to you as part of the next board meeting. I'll give you an assessment of how many -- how many homes are impacted in what stage, because I have to go back and look and determine how many projects were actually under review for -- under preliminarily subdivision plat, and just for the board's sake, we're going to eliminate the preliminary subdivision plats. We're looking at it, to bring it back to you, in the third cycle, to eliminate that whole process, and you just submit a final subdivision plat. It's an old process that, frankly, is outdated, and we just need to eliminate that step in the review process. MR. SAADEH: Thank you very much. Thank you, Mr. Mudd. CHAIRMAN HENNING: Okay. Any more public comments? Seeing none, county attorney's-- MR. MANALICH: Thank you, Mr. Chairman. One note, which is that I believe that on 10(B), which was the tax amnesty program, Mr. Mudd, will that not require a resolution number be reserved for that? Were you envisioning a resolution to be created for that program? MR. MUDD: Yeah, we brought it to the board to get their approval because we have a time line, and then I have to -- I'll draft a letter to Tallahassee to tell them that the board -- I'm sorry, go ahead. MR. SCHMITT: The letter has already been done and gone. MR. MANALICH: I think it would just be a matter of reserving a resolution number, and that's understood. Thank you. That's all. Page 277 June 10, 2003 CHAIRMAN HENNING: Thank you. Item #15A COUNTY MANAGER JIM MUDD REGARDING LETTER FOR SAIJE OF FI,ORIDA WATER CORPORATION County manager. MR. MUDD: Commissioners, just so you know, David was sitting there earlier. He has something wrong with his eye, and he's having problems seeing, okay, so that's why he wasn't sitting in Ramiro's chair. You know, everybody's going, what's going on. He said, well, he's mentoring Ramiro with the whip. I have two. The first item is a letter that I wrote to Bill Moss, and I just wanted to make sure that you knew about it so I can let Bill go home, because he wanted to be here just in case you had any questions, and it basically has to do with negotiations for the sale of the Florida Water Service Cooperation or Corporation, Marco Island, Marco Shores to the City of Marco Island. Dear Bill, on June 5th, 2003, I received an E-mail message from you regarding the City's proposed purchase of the Florida Water Service Corporation's two systems in Collier County. As you know, Section 134.369 of the County's code specifies the procedures that apply to these contempt -- or contemplated sales. The code requires that an application to the county -- to the Collier County water and wastewater authority must be accompanied by minimum information to be taken into account by the County's water and wastewater authority, which refers a recommended order to the Board of County Commissioners for the board's final approval. The code specifies that sales to a government agency shall, absent compelling reasons against, be approved as a matter of right. The City of Marco Island is a governmental agency. The procedures that control the county's Page 278 June 10, 2003 approval of these sales will change somewhat if and when a presently pending bill is enacted into Florida's general law, which staff expects will occur within the next two to three weeks. Applying the presently pending bill, staff expects than an application to the Collier County water and wastewater authority for approval of these contemplated sales should not take more than 60 days after receipt of an application for sale approval. I am advised by Bleu Wallace that staff has no reason to suspect that an application for the county's approval of the proposed sale to the City of Marco Island will be disapproved by the authority or by Collier County Board of County Commissioners. Direct any questions regarding to Bleu Wallace, and I signed my name to it. I just wanted you to know that they are a government agency. They are trying to purchase this thing, and pending that purchase, I didn't think that the board would have a problem with that sale to a city within our county. CHAIRMAN HENNING: This board member doesn't, but I was told that Bill Moss was here to go to happy hour with Dover Kohl. Commissioner Halas, do you have a problem with that? COMMISSIONER HALAS: No, I don't. CHAIRMAN HENNING: Thank you. COMMISSIONER FIALA: We already voted for it previously, so I think you're just reconfirming. MR. MUDD: He needs a piece of paper to work the process out through all of the legal ramifications that he must go through, and Bill, it's signed, ready to go, anytime you want it, before you leave. Item # 15B LETTER TO SECRETARY STRUHS REGARDING DONATION FOR MITIGATION CREDITS Page 279 June 10, 2003 The next thing is we have to respond, or I have to respond to Secretary Strews (phonetic) as far as his request for donation. I mean, it came to us on the 15th of May, and we've gone through the process. I was a little taken aback that some of the previous conversations we had had with some folks that presented today didn't come out with the board in their presentation. I think maybe they had to go with the company policy, and get them to donate first, and then we'll work through the process, but I would like to basically return a letter to Secretary Strews that says that that we would be willing to work with their staff to talk about a donation for some kind of mitigation credit to be determined, and some guarantee of access rights to the area for the citizens of the county and the state. COMMISSIONER HALAS: Yes. MR. MUDD: And then basically talk about that, and if he comes back, and then the final thing, should you not have any interest in the proposal that we shared, then you need to go into condemnation of the area. CHAIRMAN HENNING: I agree. COMMISSIONER HALAS: I agree. COMMISSIONER FIALA: I do too. MR. MUDD: That's all I have, Mr. Chairman. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: I think it's just beginning to rain, so CHAIRMAN HENNING: So we can hurry up and catch it then. Commissioner Halas? COMMISSIONER HALAS: I just want to say it was a pleasure working with my fellow commissioners. Today was a tough day. We heard a lot of input from different areas, whether it was beach access or whether it was the Dover Kohl, Naples Park study, and I just want to say, I commend my fellow commissioners in taking the Page 280 June 1 O, 2003 action that was taken today. Thank you very much. Item # 15C COUNTY MANAGER TO WORK WITH SCHOOL BOARD REGARDING COPS 1N SCHOOl, PROGRAM CHAIRMAN HENNING: Thank you, and Commissioner, I just want to tell you, it doesn't get any easier. I got three items. We discussed about a couple meetings ago on the sheriff and the grants for the cops program -- or the YRD program, cops in school. COMMISSIONER HALAS: Yes, cops in school. CHAIRMAN HENNING: And also during, oh, our last workshop, and if we're serious about this school board taking up some of their responsibilities for deputies in the schools, we need to direct the county manager to work with the school superintendent to get some of those fundings and responsibility to the school board. COMMISSIONER HALAS: Definitely. I still question three deputies per each school. I still have a hard time swallowing that one. CHAIRMAN HENNING: Well, Commissioner, we'll get a chance to-- COMMISSIONER HALAS: Good. CHAIRMAN HENNING: -- approve that budget of the sheriff. We can't tell him how to spend it, but we sure can cut out certain things, certain amount of monies. COMMISSIONER HALAS: I think the school board does have a responsibility here that they need to step up to the plate here, and also to take on the responsibility of some of the security at the school and not lay it out on the general budget here. CHAIRMAN HENNING: And then also is with the -- we want Page 281 June 1 O, 2003 to try to recoup some of that grant money, that matching grant money that you mentioned, correct? COMMISSIONER HALAS: Correct. CHAIRMAN HENNING: Is that correct, Commissioner? COMMISSIONER FIALA: Yes. CHAIRMAN HENNING: So you got three nods on that. So go after it and see what you can do on that. Item # 15D REQUEST FOR RESOLUTION FROM CITIZENS FOR PEACE & Jl ISTICE REGARDING RIGHTS Tomorrow, I will be tardy to tomorrow's workshop, but I'll be here as soon as I can. I need to take care of some health things with my son. And also we've got -- I think everybody got this request from citizens for peace and justice, and it's signed by John and Karen Dwyer and Pat Christie. It's -- what it's asking us to do is approve a resolution, and what the resolution is, is pretty much saying, hey, the Civil Liberties Union is very much against the president and federal government taking away people's rights when the rights is citizens who -- or not citizens -- visitors of our country being questioned by immigration, and that, because of suspect of terrorism and so on and so forth. I can tell you this is -- resolution would not pass the mustard for the Republican party. I wouldn't vote yes on this resolution, but I just wanted to bring it up to the county commissioners and see if there's a majority to support this and bring it on our next agenda. COMMISSIONER FIALA: You know, I want to do everything we can to keep us safe, and that doesn't sound like that's one of the things to get us there. CHAIRMAN HENNING: Right. So with that, we don't have a Page 282 June 1 O, 2003 majority, so I'm not going to bring it up again. COMMISSIONER HALAS: Thanks. COMMISSIONER FIALA: Okay. CHAIRMAN HENNING: And the county manager, county attorney and I are going to Tallahassee to talk to the governor. COMMISSIONER HALAS: Good luck. CHAIRMAN HENNING: Thanks. We'll need all the luck we can. With that, we're adjourned. *****Commissioner Coletta moved, seconded by Commissioner Coyle and carried unanimously that the following items under the Consent and Summary Agendas be approved and/or adopted. Item #16A20 was a separate motion w/the BCC acting as the Community Redevelopment Agency, with the motion being made by Commissioner Coyle and seconded by Commissioner Halas and carried unanimously. ***** Item #16Al RESOLUTION 2003-195: A LAND PURCHASING POLICY FOR THE ACQUISITION OF ENVIRONMENTALLY SENSITIVE LANDS AS AUTHORIZED BY THE CONSERVATION COLLIER I,AND ACOI IISITION PROGRAM Item # 16A2 RESOLUTION 2003-196: A TARGET PROTECTION AREA MAILING STRATEGY FOR THE CONSERVATION COLLIER IJAND ACQI JISITION PROGRAM Item #16A3 Page 283 June 1 O, 2003 SELECTION COMMITTEE RANKING OF FIRMS FOR CONTRACT NEGOTIATIONS FOR RFP 03-3504 "CONSULTANT SERVICES FOR IMPACT FEE STUDIES - EMERGENCY MEDICAL SERVICES"-WITH HENDERSON, YOIJNG & COMPANY Item # 16A4 SELECTION COMMITTEE RANKING OF FIRMS FOR CONTRACT NEGOTIATIONS FOR RFP 03-3504 "CONSULTANT SERVICES FOR IMPACT FEE STUDIES - GOVERNMENT BUILDINGS"-WITH TINDALE-OLIVER & ASSOCIATFiS, 1NC. Item # 16A5 SELECTION COMMITTEE RANKING OF FIRMS FOR CONTRACT NEGOTIATIONS FOR RFP 03-3504 "CONSULTANT SERVICES FOR IMPACT FEE STUDIES- LIBRARY SYSTEM"-WITH TINDALE-OLIVER & ASSOCIATES, INC. Item # 16A6 ACCEPTANCE OF AN ALTERNATE SECURITY FOR THAT SUBDIVISION KNOWN AS GLEN EDEN, PHASE TWO, AND ENTERING INTO A NEW CONSTRUCTION AND MAINTENANCE AGREEMENT WITH THE NEW DEVELOPER- (SUNNY DAYS, INC.) WITH RELEASE OF THE EXISTING SECURITY AND RETURN OF THE CURRENT CONSTRIICTION AND MAINTENANCE AGREEMENT Page 284 June 10, 2003 Item #16A7 SUBMISSION OF THE 2003 CONTINUUM OF CARE CONSOLIDATED GRANT APPLICATION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DF. VF.I JOPMFNT (HI JD) Item # 16A8 ACCEPTANCE OF AN ALTERNATE SECURITY FOR THAT SUBDIVISION KNOWN AS EDEN ON THE BAY, AND ENTERING INTO A NEW CONSTRUCTION AND MAINTENANCE AGREEMENT WITH THE NEW DEVELOPER- (SUNNY DAYS, INC.) WITH RELEASE OF EXISTING SECURITY AND RETURN OF THE CURRENT CONSTRI~CTION AND MAINTENANCE AGREEMENT Item # 16A9 RECORDING THE FINAL PLAT OF "HAMMOCK ISLES", AND APPROVING THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVING THE AMOUNT OF THE PERFORMANCE SECURITY- W/STIPI IIJATIONS Item #16Al O-Moved to Item # 10G Item #16Al 1 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR WHIPPOORWILL LANE ROADWAY IMPROVEMENTS (AR- Page 285 June 1 O, 2003 4185) AND APPROVING THE PERFORMANCE BOND ATTACHED THERETO FOR THE HOLD HARMLESS INDEMNIFICATION AGREEMENT Item #16A12 BUDGET AMENDMENT CANCELING OR REDUCING TDC CATEGORY "A" PROJECTS, IN THE AMOUNT OF $3,213,390.84-TO BF, RETI IRNED TO THE RFSERVES Item # 16A 13-Moved to Item # 1 OF Item #16A14 BUDGET AMENDMENT AND TDC CATEGORY "A" GRANT APPLICATION FROM THE CITY OF NAPLES FOR SEA TI JRTIJF, MONITORING IN THE AMOI INT OF $7,558 Item #16A15-Moved to Item #10H Item #16Al 6-Moved to Item # 10I Item #16Al 7-Moved to Item #10J Item #16A18 CITY OF NAPLES TOURIST DEVELOPMENT CATEGORY "A" BEACH RENOURISHMENT/MAINTENANCE GRANT APPLICATIONS FOR FISCAL YEAR 2003/2004 IN THE AMOI JNT OF $79,756 Item #16A19 Page 286 June 10, 2003 SETTLEMENT PROPOSAL FOR THE COMPROMISE OF A CODE ENFORCEMENT LIEN IMPOSED IN BOARD OF COUNTY COMMISSIONERS V. CLEVELAND A. AND CAROL YN BLOCKER AND PAYMENT OF $5,000-FOLLOWING PAYMENT, EXF, CI ITF, A RF, I,FJASF, OF I,IF, N AND RECORD Item # 16A20 THE BCC ACTING AS THE COMMI JNITY REDEVF, IJOPMF, NT AGENCY BOARD APPROVFD IJNANIMOIJSI,Y THIS ITEM: A BUDGET AMENDMENT OF $379,046 FOR THE EXPENDITURE OF FUNDS FROM FUND 187 BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT FOR THE STORMWATER MANAGEMENT AND INFRASTRUCTURE PROGRAM IN THE GATEWAY TRIANGI JFJSTORMWATFJR NEIGHBORHOOD Item #16B 1 RESOLUTION 2003-197: AUTHORIZING THE BOARD TO ENTER INTO A LANDSCAPING INSTALLATION AND MAINTENANCE HIGHWAY AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) ON BEHALF OF WCI COMMUNITIES, INC.; EXECUTION OF FDOT MAINTENANCE AGREEMENT; AND INSTALLATION AND LANDSCAPE MAINTENANCE AGREEMENT BETWEEN WCI COMMUNITIES, INC. AND COLLIER COUNTY FOR FIEAI ~TIFICATION ON SR 951 Item #16B2 Page 287 June 10, 2003 PURCHASE AGREEMENT FOR THE ACQUISITION OF RIGHT- OF-WAY REQUIRED FOR THE EXPANSION OF IMMOKALEE ROAD BETWEEN COLLIER BOULEVARD AND 43P'I) STREET NORTHEAST. FISCAL IMPACT: $396,239.50-BETWEEN TREE PLATEAU, INC., THE PELICAN NURSERY CO., AND COLLIER COIINTY: AS DETAIIJFD IN THE EXECIITIVE SIIMMARY Item #16B3 SELECTION COMMITTEE RANKING OF FIRMS FOR CONTRACT NEGOTIATIONS FOR RFP 03-3480 "FIXED TERM PROFESSIONAL ENVIRONMENTAL CONSULTING SERVICES" (ESTIMATED DOLLAR AMOUNT OF CONTRACT NOT TO EXCEED $500,000 ANNUALLY PER FIRM)-WITH JOHNSON ENGINEERING, INC., PASSARELLA AND ASSOCIATES, INC., AND SCHEDA ECOLOGICAL ASSOCIATES. INC. Item #16B4 RESOLUTION 2003-198 AND RESOLUTION 2003-199: TWO LOCAL AGENCY PROGRAM (LAP) AGREEMENTS WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) AND APPROVING A BUDGET AMENDMENT IN THE AMOUNT OF $420,000 TO PROVIDE ADDITIONAL FUNDS FOR THE DAVIS BOULEVARD (SR 84)/COLLIER BOULEVARD (CR-951) INTFRSF, CTION IMPROVFiMENT PROJECT Item #16B5 CONTRACT SUPPLEMENTAL AGREEMENT NO. 4 IN THE AMOUNT OF $830,720 FOR PROFESSIONAL ENGINEERING Page 288 June 1 O, 2003 SERVICES BY WILSON MILLER INC. FOR THE SANTA BARBARA/LOGAN BOULEVARD FOUR/SIX-LANING FROM DAVIS BOULEVARD TO PINE RIDGE ROAD AND THE FOUR- LANING OF RADIO ROAD FROM SANTA BARBARA BOULEVARD TO EAST OF DAVIS BOULEVARD AT ROBIN HOOD CIRCIJF,, COI,IJlF, R COl JNTY PROJECT NO. 62081 Item # 16B6 BUDGET AMENDMENT TO MOVE $126,000 FROM THE TRANSPORTATION ROAD AND BRIDGE MAINTENANCE OPERATIONS CAPITAL BUDGET TO THE OPERATING BUDGET FOR THE PURCHASE OF LIME ROCK FOR THE RF, MA1NDER OF THE FISCAIJ YEAR Item #16B7 RESOLUTION 2003-200: ALLOWING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO ENTER INTO A JOINT PROJECT AGREEMENT (JPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) TO PROVIDE FOR THE COMPLETION OF PHASE ONE OF THE COUNTYWIDE COMPUTERIZED TRAFFIC SIGNAL SYSTEM lnlY COIJJlER COl JNTY Item # 16C 1 RESOLUTION 2003-201: APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1991 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL Page 289 June 1 O, 2003 ASSESSMENTS. FISCAL IMPACT IS $24.00 TO RECORD THE I,IF, NS-FOR ACCOIJNT #38700: #57752, AND #75255 Item #16C2 RESOLUTION 2003-202: APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. FISCAL IMPACT IS $42.00 TO RECORD THE LIENS-FOR ACCOUNT #23100, #52605, #89050, #90052, #109859. AND #153009 Item #16C3 RESOLUTION 2003-203: APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. FISCAL IMPACT IS $48.00 TO RECORD THE LIENS-FOR ACCOUNT #4381, #10773, #17747, #17909, #20624, #21856, AND #306322 Item #16C4 RESOLUTION 2003-204: APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL Page 290 June 10,2003 ASSESSMENTS. FISCAL IMPACT IS $54.00 TO RECORD THE LIENS-FOR ACCOUNT #3447, #4381, #9289, #10184, #16861, #20323:#20815, AND #25836 Item # 16C5 RESOLUTION 2003-205: APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHERE1N THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. FISCAL IMPACT IS $100.50 TO RECORD THE LIENS-FOR ACCOUNT #3706, #4763, #9768, #10618, #14274, #15480, #15794, #18050, #20695, #21542, #21979, #26246, #27407, #27449, AND #28396 Item # 16C6 RESOLUTION 2003-206' APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. FISCAL IMPACT IS $135.00 TO RECORD THE LIENS-FOR ACCOUNT #3188, #3874, #5461, #6457, #10579, # 11507, #15794, # 17598, # 19868, #23595, #24183, #24235, #24329, #25221, #28723, #29175, #29997, #31273, AND #31435 Item # 16C7 BUDGET AMENDMENT RECOGNIZING POSITIVE CARRY FORWARD VARIANCE IN THE WATER POLLUTION Page 291 June 10, 2003 CONTROl, FIJND (114) IN THE AMOIINT OF $444:400 Item gl 6C8 EXECUTING AND RECORDING SATISFACTIONS FOR CERTAIN WATER AND/OR SEWER IMPACT FEE PAYMENT AGREEMENTS. FISCAL IMPACT IS $229.50 TO RECORD THE SATISFACTIONS Item g 16C9 CONTRACT AMENDMENT g01, UNDER CONTRACT g02-3313, "FIXED TERM PROFESSIONAL GEOGRAPHIC INFORMATION SYSTEM SERVICES (GIS)" FOR COLLIER COUNTY, WITH WILSON MILLER INC., PROJECT 50014, IN THE AMOUNT OF $69,600 Item g 16C 10 FUNDING RELATED TO REVISING THE COLLIER COUNTY UTILITIES STANDARDS, PROJECT 70202, IN THE AMOUNT OF $26,000 Item # 16C 11 WORK ORDER #UC-034 WITH DOUGLAS N. HIGGINS, INC., IN THE AMOUNT OF $543,010 FOR CONSTRUCTION OF A 16- INCH FORCE MAIN ALONG COLLIER BOULEVARD (CR-951) FROM SUMMIT PLACE TO IMMOKALEE ROAD (CR-846), PROJECT NI JMlqER 73086 Item gl6C12 Page 292 June 1 O, 2003 FUNDING RELATED TO RAW WATER BOOSTER PUMPING STATION RELIABILITY IMPROVEMENTS, NOISE CONTROL, AND PROPERTY ACQUISITION IN THE AMOUNT OF $241:000-1,OCATFD ON 7TM STREET SW Item #16C13 PURCHASE OF A 1.65-ACRE SITE ON IMMOKALEE ROAD FOR A WASTEWATER MASTER PUMP STATION AT A TOTAL COST NOT TO EXCEED $47,635 (PROJECT NO. 73153)- WITH STlPI HJATIONS Item # 16D 1 LEASE AGREEMENT WITH NEW YORK NEWCO SUBSIDIARY, INC., FOR THE INSTALLATION OF A COMMUNICATIONS TOWER AT VETERANS PARK FOR A FIRST YEAR'S INCOME OF $35,000-INCLUDING EXECUTING THE MF, MORANDI ~M OF IJF, ASF, Item #16D2 MODIFICATION #2 TO PURCHASE ORDER #103221 WITH J. ROLAND LIEBER LANDSCAPE ARCHITECTS FOR GOLDEN GATE COMMUNITY CENTER EXPANSION-IN THE AMOUNT OF $1.900 Item # 16E 1 RENEWAL OF BID NO. 00-3091, "FLEET VEHICLES", WITH TAMIAMI FORD INC., FOR THREE YEARS, AT AN Page 293 June 10, 2003 ESTIMATED CONTRACT VALUE OF $3,600,000- COMMENCING 10/1/03 AND ENDING 9/30/06 Item # 16E2 CONTRACT AWARD FOR RFP 03-3470 "NETWORK SECURITY ASSESSMENT" (CONTRACT AMOUNT OF $32,640)-WITH GI~ARDFD NETWORKS, INC. Item # 16E3 AWARD BID NO. 03-3466, GENERATOR REPAIR, MAINTENANCE AND INSTALLATION, TO AAA GENERATOR, INC., FOR COUNTY-WIDE MAINTENANCE OF EQUIPMENT IN THE ESTIMATED ANNUAL AMOUNT OF $300,000 Item #16E4 CONTRACT AMENDMENT #01 INVOLVING CONTRACT #02- 3364, "LIVINGSTON ROAD FROM IMMOKALEE ROAD TO LEE COUNTY LINE", TO CLARIFY THE LANGUAGE REGARDING THE ACCUMULATION AND SUBSEQUENT RELEASE OF CONTRACTOR RETAINAGE-WITH BONNESS, INC. Item #16E5 AWARD RFP NO. 03-3469, FIRE SPRINKLER TESTING, MAINTENANCE AND INSTALLATION. (ESTIMATED VALUE $102,000)-TO BUILDING SYSTEMS EVALUATION, INC. D/lq/A/lqSE Page 294 June 10, 2003 Item # 16E6 AWARD BID #03-3493 TO VANDERBILT BAY CONSTRUCTION INC., AND TO ENTER INTO A CONSTRUCTION CONTRACT IN THE AMOUNT OF $1,650,406 FOR THE CONSTRUCTION OF THE GREY OAKS PUBLIC SAFETY FACILITY LOCATED ON AIRPORT-PULLING ROAD ON THE SOUTH CORNER ENTRANCE TO POINCIANA EIJEMENTARY SCHOOI~ Item #16E7 DONATION AGREEMENT BETWEEN GUY L. CARLTON, COLLIER COUNTY TAX COLLECTOR, AND COLLIER COUNTY FOR REAL PROPERTY HOUSING THE DRIVER'S LICENSE OFFICES AT 725 AIRPORT ROAD SOUTH, THE COST OF WHICH SHOI HJD NOT EXCF, FD $50 Item #16E8 AWARD CONTRACT #03-3448, ARCHITECTURAL SERVICES, TO HARVARD JOLLY CLEES TOPPE ARCHITECTS, IN THE AMOUNT OF $1,859,400, FOR THE DESIGN OF THE EMF, RGFNCY OPERATIONS CENTER Item # 16E9 BUDGET AMENDMENT TO THE GROUP HEALTH AND LIFE PLAN TO FUND CLAIMS PAYMENTS AND TO MAINTAIN RESERVE REQUIREMENTS THROUGH SEPTEMBER 30, 2003- BASED ON ACTUARIAL EVALUATION BY WILLIS Page 295 June 10, 2003 CORPORATION Item #16F 1 BUDGET AMENDMENT TRANSFERRING $45,600 FROM GENERAL FUND RESERVES TO THE EMERGENCY MANAGEMENT ADMINISTRATION BUDGET FOR FISCAL YEAR 2003 Item #16F2-Continued to June 24, 2003 BCC Meeting AWARD BID #03-3520 IN THE AMOUNT OF $44,800 FOR PURCHASE AND DELIVERY OF PINE STRAW MULCH TO FORESTRY RESOI IRCF, S INC. Item # 16F3 BUDGET AMENDMENT TO UPGRADE TELEVISION BROADCAST AND PRESENTATION CAPABILITIES IN THE COMMISSION CHAMBERS. (APPROXIMATE COST IS $ 90, ooo) Item #16F4 BUDGET AMENDMENT REPORT- BUDGET AMENDMENT #03-348 IN THE AMOUNT OF $10,000; #03-349 IN THE AMOUNT OF $3,000; AND #03-350 IN THE AMOUNT OF $10,000 TO PAY FOR WATER AND SEWER CHARGES FOR THE REMAINDER OF THE FISCAI~ YEAR Item # 1611 Page 296 June 10, 2003 MISCELLANEOUS CORRESPONDENCE-FILED AND/OR REFERRED The following miscellaneous correspondence, as presented by the Board of County Commissioners, has been directed to the various departments as indicated: Page 297 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE June 10, 2003 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: mo Bo Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: 1. Disbursements for May 17, 2003 and May 23, 2003 Districts: Key Marco Community Development District - Minutes of Meeting held August 1, 2002; Adopted Budget FY 2003 and Unaudited Financial Statements dated June 30, 2002. Golden Gate Fire Control & Rescue District - Offical Audit FY 2002 and Management Letter ge Fiddler's Creek Community Development District - Minutes of Meeting held on December 2, 2003; District Map and Summary of Bonds. Port of the Islands Community Improvement District - Minutes of Meeting held on March 21, 2003 and Financial Statement dated January 31, 2003. o Key Marco Community Development District - Minutes of Meeting held 11/7/02 and 11/25/02. ,~ o Collier Soil and Water Conservation District - Audit for year 2002; Management Letter and Management Rebuttal. Tuscany Reserve Community Development District - Minutes of Meeting held on January 9, 2003. Co Minutes: 1. r¥~Enterprise Zone Development Agency - Draft Minutes Of March 26, 2003- H:DataJFormat Radio Road Beautification M.S.T.U. - Agenda for May 20, 2003, Minutes of May 4, 2003. o Golden Gate Beautification Advisory Committee - Agenda for May 13, 2003; Minutes of April 8, 2003. Lely Golf Estates Beautification Advisory Committee - Agenda for May 15, 2003; Minutes of April 17, 2003. o 1-75 Golden Gate Ad Hoc Landscaping Beautification Committee - Agenda for May 28, 2003; Minutes of April 9, 2003. o Park and Recreation Advisory Board - Agenda for May 21, 2003, Minutes of April 16, 2003. Collier County Hispanic Affairs Advisory Board - Agenda for May 22, 2003. Collier County Airport Authority - Agenda for May 12, 2003, Minutes of April 14, 2003. Other: 1) Collier County Sheriff's Office submitted their Certification of Proposed Budget for FY 2004 H:Data/Format June 10, 2003 Item # 16J 1 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-AS DETAIIJFD lN THE EXECIITIVE SI JMMARY Item # 16J2 STATE REVENUE SHARING APPLICATION FOR FISCAL YEAR 2003-2004 Item #16J3-Moved to Item #13A Item #16K1 RESOLUTION 2003-207: AUTHORIZING THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY TO ISSUE REVENUE BONDS TO BE USED TO FINANCE MANUFACTURING FACILITIES FOR THE MARCH GROUP IJJC AND MARCH. INC.. D/B/A/MARCH PERFORMANCE Item # 16K2 RESOLUTION 2003-208: AUTHORIZING THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY TO ISSUE REFUNDING BONDS TO BE USED TO REFINANCE BONDS ISSUES IN 2000 FOR WILD PINES OF NAPLES PHASE II APARTMFiNTS Page 298 June 10, 2003 Item # 16K3 MEDIATED SETTLEMENT AGREEMENT AND A STIPULATED FINAL JUDGMENT TO BE DRAFTED INCORPORATING THE SAME TERMS AND CONDITIONS AS THE MEDIATED SETTLEMENT AGREEMENT RELATIVE TO THE ACQUISITION OF PARCELS 105 AND 106 IN THE LAWSUIT STYLED COLLIER COUNTY V. FAITH BIBLE CHURCH OF NAPLES, INC., ET AL., CASE NO. 99-2165-CA (IMMOKALEE ROAD, PROJECT NO. 69101)-$38,850.00 TO BE PAID TO RESPONDENT AND $22,150.00 DEPOSITED INTO THE REGISTRY OF THFi COl JRT Item # 16K4 MEDIATED SETTLEMENT AGREEMENT AND A STIPULATED FINAL JUDGMENT TO BE DRAFTED INCORPORATING THE SAME TERMS AND CONDITIONS AS THE MEDIATED SETTLEMENT AGREEMENT RELATIVE TO THE ACQUISITION OF PARCEL 102 IN THE LAWSUIT STYLED COLLIER COUNTY V. TREE PLATEAU CO., INC., ET AL, CASE NO. 03-0519-CA (IMMOKALEE ROAD, PROJECT NO. 60018)-$142,138.00 DEPOSITED INTO THE REGISTRY OF THE COl JRT Item #16K5 APPLICATION FOR TAX DEEDS FOR 129 COUNTY-HELD TAX CERTIFICATES AND NOTICE TO PROCEED TO THE TAX COIJ.ECTOR Item # 16K6-Continued to June 24, 2003 BCC Meeting Page 299 June 10, 2003 SETTLEMENT AGREEMENT PROVIDING FOR ABATEMENT OF VIOLATION AND COMPROMISE OF LIEN IN TWO CODE ENFORCEMENT LIEN FORECLOSURES ENTITLED COLLIER COUNTY 17. ANTHONY J. 17ARANO, CASE NOS. 99-4226-CA AND O0-3430-CA-AS DETAIIJED IN THE EXECIITIVE SI JMMARY Item # 17A RESOLUTION 2003-209 REGARDING PETITION AVPLAT2003-AR3995 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE 20 FOOT WIDE LAKE MAINTENANCE EASEMENT LOCATED ALONG THE REAR OF LOT 2, ACCORDING TO THE PI,AT OF "DAVINCI ESTATES" Item # 17B RESOLUTION 2003-210 REGARDING CU-2003-AR-3730 DAVID A. TITSCH, OF TITSCH AND ASSOCIATES ARCHITECTS, INC., REPRESENTING EAST NAPLES FIRE CONTROL DISTRICT, REQUESTING CONDITIONAL USE 11 OF THE "C- 4" ZONING DISTRICT TO ALLOW A FIRE STATION. THE PROPERTY IS LOCATED ON THE SOUTHEAST CORNER OF BAYSHORE DRIVE AND JEEPERS DRIVE Page 300 June 1 O, 2003 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 6:50 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL . TOM HI2NN~, C~~" an ATTEST: DWIGHT~.E~:~gOCK, CLERK ~ '5~.k~ ~-' ~ . ~.//3' : These minutes approved by the Board on as presented ~ or as co~ected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY TERRI LEWIS AND ELIZABETH BROOKS Page 301