BCC Minutes 10/03/1995 R REGULAR MEETING OF OCTOBER 3, 1995,
OF THE BOARD OF COUNTY COHMISSIONERS
LET IT BE REHEHBERED, that the Board of County Commissioners in
and for the County of Collier, and also acting as the Board of Zoning
Appeals and as the governing board(s) of such special districts as have
been created according to law and having conducted business herein, met
on this date at 9:06 a.m. in REGULAR SESSION in Building "F" of the
Government Complex, East Naples, Florida, with the following members
present:
ALSO PRESENT:
CHAIRPERSON:
VICE CHAIRMAN:
Bettye J. Hatthews
John C. Norris
Timothy J. Constantine
Timothy L. Hancock
Pamela S. Hac'Kie
W. Neil Dotrill, County Hanager
David C. Weigel, County Attorney
Sue Filson, Administrative Assistant
Lieutenant Paul Canady
Item #3A
AGENDA AND CONSENT AGENDA - APPROVED WITH CHANGES
CHAIRPERSON MATTHEWS: Call to order the Board of County
Commission meeting for Collier County, Florida, October 3, 1995.
Mr. Dotrill, will you lead us in an invocation and pledge.
MR. DORRILL: Heavenly Father, we give thanks this
morning as we always do and on this -- what is the start of our -- our
new year, we pray and bless those who are here who are going to make
important decisions during the coming year. We give thanks for our
staff and those citizens that always choose to participate in the
governmental process, and we thank you for our meeting here today.
Our prayers are with our colleagues in Los Angeles today. We'd ask
that you bless our time here together, and we pray these things in
Jesus' name. Amen.
(The pledge of allegiance was recited in unison.)
CHAIRPERSON MATTHEWS: Mr. Dorrill, it doesn't look like
there's too many changes.
MR. DORRILL: No, ma'am. Very -- Very few. In fact, we
have one deletion and one continuance. I'm requesting that we delete
item 16A(3)(H) which is a resolution of a compliance service case, and
staff will reschedule that as necessary and that we continue for one
week item 16B(2) as it pertains to an acceptance agreement between the
Department of Environmental Protection and the county commission for
water service to a certain parcel of land in our Goodland water
service area.
There are two agenda notes. There's a request by the
sheriff that item llA as it pertains to funds from the confiscated
trust fund be heard at 11:30 a.m. This morning to accommodate some of
those individuals from the Junior Deputy Foundation to -- desirous to
be here for that presentation. And I also need to have Mr. Conrecode
indicate to you a brief change for purposes of the recorder this
morning on item 16B(13).
MR. CONRECODE: Commissioners, for the record, Tom
Conrecode from public works. The -- We made a couple of minor legal
wording changes to a legal description and one of the articles. It's
not substantial; and, therefore, I don't recommend taking it off the
consent agenda, but I wanted to just clarify that for the record for
16B(13).
CHAIRPERSON MATTHEWS: They're minor changes?
MR. CONRECODE: They're minor changes based on legal
review.
CHAIRPERSON MATTHEWS: More like housekeeping?
MR. CONRECODE: I'm sorry?
CHAIRPERSON MATTHEWS: More like housekeeping changes or
we don't --
MR. CONRECODE: Yes. Just --
CHAIRPERSON MATTHEWS: Does anybody choose to want to
hear what those changes are?
I guess not. Thank you.
MR. CONRECODE: Thank you.
MR. DORRILL: One -- One final item. I've also been
asked to acknowledge for purposes of the record that we are in receipt
of the official tabulation of last week's mail ballot election, and
they have been certified by the canvassing board. I have transmitted
the original to the board under a memo dated September the 27th, and
that item and transmittal are on your consent agenda today, item
16E(5), and that's all that I have.
CHAIRPERSON MATTHEWS:
Commissioner Norris?
COHMISSIONER NORRIS:
CHAIRPERSON MATTHEWS:
COHMISSIONER HANCOCK:
CHAIRPERSON MATTHEWS:
COHMISSIONER MAC'KIE:
CHAIRPERSON MATTHEWS:
Okay. Any further changes,
Nothing further.
Commissioner Hancock?
No, ma'am.
Commissioner Mac'Kie?
No.
Commissioner Constantine?
COMMISSIONER CONSTANTINE: I have no changes, Miss
Chairman.
CHAIRPERSON MATTHEWS: I have none either. I wish to
add a communication item at the end of the day.
COMMISSIONER CONSTANTINE: Motion to approve the agenda
and consent agenda as amended.
COMMISSIONER NORRIS: Second.
COMMISSIONER MAC'KIE: Second.
CHAIRPERSON MATTHEWS: We have a motion and a second to
approve the agenda and the consent agenda. All in favor please say
aye.
Opposed?
There being none, motion passes 5-0.
Item #4
MINUTES OF REGULAR MEETING OF SEPTEMBER 5, 1995 AND BUDGET MEETING OF
SEPTEMBER 6, 1995 - APPROVED
COMHISSIONER CONSTANTINE: Madam Chairman, motion to
approve the minutes of September 5, 1995, regular meeting and the
budget meeting of September 6, 1995. COMHISSIONER NORRIS: Second.
CHAIRPERSON MATTHEWS: We have a motion and a second to
approve the minutes of two meetings as stipulated. All those in favor
please say aye. Opposed?
Motion passes 5-0.
Item #5A1
PROCLAMATION DESIGNATING THE WEEK OF OCTOBER 1-7, 1995 AS NATIONAL 4-H
WEEK - ADOPTED
Next item on the agenda is proclamations and service awards. The
first one is Commissioner Hancock.
COMMISSIONER HANCOCK: Yes, Madam Chairman. We have
representatives from the 4-H here today, and it's my pleasure to read
a proclamation, and this says National 4-H Week. If I could have the
representatives of 4-H please come forward, and we have Kylie Brown
and Jayma Morgan here also. I'd ask you to come up and turn around so
our audience can see who you are.
Whereas, the goal of 4-H is to provide opportunities for
the youth in Collier County in the areas of leadership, citizenship,
personal development, and practical skills; and
Whereas, these activities have resulted in learning
experiences and accomplishments that have reached state and national
recognition; and
Whereas, the Board of County Commissioners of Collier
County feels this 4-H program contributes to the overall development
of youth; and
Whereas, the 4-H members receive inspiration and guidance from
interested parents, professional cooperative extension service workers
and volunteer adult and teen leaders and support from many community
organizations and businesses.
Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that the week of October 1
through 7, 1995, be designated as National 4-H Week. Done and ordered
this 3rd day of October 1995, Board of County Commissioners, Collier
County, Florida.
Madam Chairman, I'd like to make a motion to accept this
proclamation designating the 1st through the 7th as National 4-H Week.
COMHISSIONER MAC'KIE: Second.
CHAIRPERSON MATTHEWS: We have a motion and a second to
accept the proclamation for National 4-H Week. All those in favor
please say aye.
Opposed?
There being none, it passes 5-0.
You have a few words to tell us what you're going to do
4-H Week? Please do.
MS. BROWN: I'm Kylie Brown. I'm president of the 4-H
County Council, and I'm a member of God's Country 4-H Club and a teen
leader of Country Cousins 4-H Club.
MS. MORGAN: I'm Jayma Morgan. I am a senior at Barton
Collier High School. I'm vice president of the county council and a
member of Corkscrew Swampets and Happy Trails 4-H Clubs.
MS. BROWN: On behalf of the 4-H club members, we'd like
to thank the commission, our extension agents, the civic clubs,
businesses, Collier County personnel, the public schools, and 4-H
volunteers for your time, support, and commitment to youth development
through 4-H.
Throughout the past year, over 2,500 boys and girls ages
five to eighteen in Immokalee, Golden Gate, Marco Island, and Naples
from all backgrounds have many learning experiences, their
participation in traditional 4-H clubs special interest groups, camps,
workshops, and leadership programs. Approximately 300 adults
volunteered their time and expertise to make these opportunities
possible.
4-H emphasizes practical skills, public speaking,
record-keeping, and knowledge in a wide variety of project areas. The
most popular projects were in animal science, citizenship, leadership,
health and safety, individual and family resources, marine science,
and ecology.
During the summer months, 4-H members participated in
camp with classes in nature study, water resources, personal
development, writing, and recreational pursuits, and I have greatly
enjoyed the opportunity to participate in a variety of 4-H projects
that have ranged from livestock to home economics.
This year I'm really looking forward to fulfilling a
dream that I've had in raising a steer for the county fair, and I'm
planning on continuing my 4-H opportunities as a 4-H club leader, and
I started that this summer by starting the club with my sister for our
younger cousins. Go ahead.
MS. MORGAN: Teens in 4-H receive leadership
opportunities through a countywide council, junior counselor training,
the Know-Your-County-Government program, 4-H legislature which was
held in Tallahassee, 4-H Congress at the University of Florida, and
National 4-H Congress in Orlando. I am looking forward to the
opportunity of representing Florida at the National 4-H Congress held
in Memphis next month.
Collier teens receive statewide recognition in competition in
several categories, including health, animal science, career
exploration, media arts, safety, and record-keeping, and horsemanship.
Florida's 4-H horseman of the year was Amy Wolfe from Collier County.
4-H has provided an opportunity for us to develop our
skills and knowledge in many areas but particularly in working
together as a group making decisions and following through on our
responsibilities. We enjoy doing this and look forward to it. As
part of the county and district councils, I've had the opportunity to
attend state executive board which helps plan state activities such as
legislature and congress. By completing my record books and showing
great leadership, I've been able to participate in citizenship
Washington focus. I'll also be participating in many group activities
on my national 4-H trip to Memphis. Here I will be a flag bearer, and
I am looking forward to my trip and future 4-H activities.
4-H clubs are reorganized this fall thanks to many
adults who have -- are willing to share their time and expertise. 4-H
projects are also being conducted in classrooms. Children are working
together through 4-H to improve themselves and their community. 4-H
also collaborates with the YMCA and the Girls, Incorporated, to
provide educational and leadership experiences at after-school day
care sites. We invite the citizens of Collier County to join us in
helping to make a positive difference. Again, thank you for your
support. We would like to present each of you with a partners in 4-H
pin.
MS. BROWN: And one final note I've neglected to
mention. The third grade students throughout the county participated
in On Your Own, a 4-H school project that teaches children coping
skills needed for when they may be home alone. Thank you.
CHAIRPERSON MATTHEWS: That's great. It inspires me.
COMHISSIONER HANCOCK: In addition to the great work
that the kids do and the parents, Miss Linda Denning is here also, and
Linda does a terrific job with the program, and I just want to say
thank you on behalf of the kids.
Item #5A2
PROCLAMATION DESIGNATING OCTOBER 8, 1995, AS FOCUS (THE FUTURE OF
COLLER CREATED BY US) KICK OFF DAY - ADOPTED
CHAIRPERSON MATTHEWS: Next item on the agenda is
another proclamation. It gives me great pleasure to read this one.
Is Reverend Susan Diamond here? Turn around.
A proclamation, whereas, Collier County is home to all
of us, but it seems to change almost daily; and
Whereas, a grass-roots organization called FoCuS has
been formed to provide the forum for all citizens to participate in
developing a vision of what the people want Collier County to be; and
Whereas, the people of Collier County working together
will create and implement a plan with our governments for our future
which preserves our area's unique character, fulfills our
expectations, and respects our values; and
Whereas, public participation is the key to success; and
Whereas, every man, woman, and child in Collier County
is asked to participate in a series of meetings during the next month
all over Collier County to provide their ideas about the future.
Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that the day of October the
8th, 1995, be designated as FoCuS, the Future of Collier Created By Us
Kick-Off day, and every man, woman, and child from all of Collier
County is invited to attend the FoCuS kick-off from 1 to 4 p.m. at the
Florida Sports Park.
Done and ordered this 3rd day of October 1995. Board of
County Commissioners, Collier County, Florida. Bettye J. Matthews,
Chairman.
I move that we accept this proclamation.
COMHISSIONER MAC'KIE: Second.
CHAIRPERSON MATTHEWS: We have a motion and a second to
accept the proclamation. All those in favor please say aye. Opposed?
There being none, motion passes 5-0.
REVEREND DIAMOND: On behalf of the FoCuS steering
committee, I want to express to you our appreciation for your support
and your partnership in creating a vision for Collier County for the
future. As we -- As the proclamation read, this will be an
opportunity for all of our citizens of Collier County to be able to
come together and voice their concerns and their hopes for the future
of Collier County. We believe that a proactive rather than a reactive
response from our citizens will be effective in producing a community
consensus that will guide our leadership as well as guide our actions
together for the future. And I want to, once again, thank you, the
county commission, for your support of this very exciting and
worthwhile endeavor. I hope to see all of you at the kick-off event
as well as at one of the 11 countywide meetings that will be held from
October the 16th through November the 14th. We will be having some
other meetings coming up in the spring, and we look forward to
celebrating our vision in March. Thank you once again for all your
support.
CHAIRPERSON MATTHEWS: Thank you for all the hard work.
It's a great deal of work going into this as Commissioner Hancock and
I share.
Item #5A3
PROCLAMATION DESIGNATING THE MONTH OF OCTOBER, 1995, AS QUALITY MONTH -
ADOPTED
Next item on the agenda is another proclamation.
Commissioner Hac'Kie.
COHMISSIONER HAC'KIE: I'm pleased to read a
proclamation for Quality Month, and there are nine recipients here.
If you're all present, if you'd come forward. Becky Vice from the
City of Naples; Marianne -- I hope I say this close to right --
Plamondon from Naples Day Surgery. Not too close. Judy Graham from
Collier County Public -- Public Health Unit; Karen Kocses from Collier
County Government; Russell Budd from Wall Systems, Inc.; Tim Holland
from Naples Community Hospital; Grover Whidden from Florida Power and
Light; Ray Nicely from Sprint United Telephone of Florida; and Susan
HcHanus from the Collier County Education Foundation.
Whereas, producing quality products and service is
crucial to the continued economic growth of Collier County and the
well-being of each family; and
Whereas, quality improvement principles apply to small
and large companies, to service and manufacturing industries, into the
public sector and private enterprise; and
Whereas, all individuals and organizations in Collier
County believe quality is essential to their success; and
Whereas, October was first officially proclaimed
National Quality Month through a presidential proclamation and U.S.
Congressional resolution signed by President Reagan in 1984; and
Whereas, many organizations throughout Collier County
will join the nation in support of the llth Annual National Quality
Month Campaign.
Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that the month of October
1995 be designated as Quality Month.
Done and ordered this 3rd day of October 1995. Board of
County Commissioners, Bettye J. Matthews, Chairman.
I would like to move we accept this proclamation.
COHMISSIONER CONSTANTINE: I'll second that.
CHAIRPERSON MATTHEWS: We have a motion and a second to
accept the proclamation. All those in favor please say aye. Opposed?
There being none, passes 5-0.
MS. PLAMONDON: Madam Chairperson, my name is Marianne
Plamondon. I am the quality assurance nurse at Naples Day Surgery.
We are moving towards the concept of continuous quality improvement,
and one of our accomplishments has been the establishment of a vision
statement. Our vision statement for Naples Day Surgery is to be a
recognized leader in providing outpatient health care services, to
meet the needs and exceed the expectations of our community, to
continually strive to do it better, to be a place where patients and
family want to be cared for, physicians want to practice, and
employees want to work. As one of the largest outpatient ambulatory
facilities in Florida, we are striving to be the best. Thank you.
Next.
MS. KOCSES: Madam Chairperson, I'm Karen Kocses, your
quality improvement coordinator, and I'd like to thank you for this
focus, all of you, for focus on quality on behalf of the Collier
County Government employees. As you know, this is Collier County
Government's second year of officially recognizing National Quality
Month. Once again, we scheduled several awareness and promotional
activities to highlight the more than 50 improvement projects that
have been completed by our employees. Their accomplishments will be
the focus of a Q-plus recognition picnic that will be held Friday,
October 20. You will be receiving invitations to this event, and we
encourage you to attend. It's going to be a fun event, and our
quality council members will, once again, be flipping the burgets for
us so -- Thanks. Next.
CHAIRPERSON MATTHEWS: Thank you.
MS. HCHANUS: Madam Chairperson, my name is Susan
HcHanus, and I'm the executive director with the Collier County
Education Foundation. I would like to take the opportunity this
morning to thank three of the companies that are here today as a part
of Quality Month. Our foundation has a program called Partners in
Education. That program promotes cooperation among business,
community organizations, governmental agencies, and the public
schools. Naples Community Hospital, Sprint United Telephone, and
Florida Power and Light did our training this summer and provided
their quality resources to our public schools, and I would just like
to say thank you.
Item #5A4
PROCLAMATION DESIGNATING THE WEEK OF OCTOBER 1-7, 1995 AS MENTAL
ILLNESS AWARENESS WEEK AND TUESDAY OCTOBER 3, 1995 AS MENTAL ILLNESS
AWARENESS DAY - ADOPTED
CHAIRPERSON MATTHEWS: Thank you. Next item on the
agenda, another proclamation. Commissioner Constantine.
COHMISSIONER CONSTANTINE: This morning we have Kathryn
Leib from the Alliance for the Mentally Ill here with us to accept
this proclamation and also to promote one item going on later in the
week in conjunction with this proclamation.
Whereas, the National Alliance for the Mentally Ill has
proclaimed October 1 through 7, 1995, as Mental Illness Awareness
Week; and
Whereas, Collier County has a local affiliate named the
Alliance for the Mentally Ill of Collier County, commonly known as
AMI-CC -- It's almost easier to say the whole thing -- and
Whereas, the local affiliate, AMI-CC, is a member in
good standing; and
Whereas, the Alliance for the Mentally Ill of Collier
County is dedicated to improving for our family members and friends
with mental illness through support, education, advocacy, and
research; and
Whereas, the Alliance for the Mentally Ill of Collier
County also wishes to proclaim October 1 through 7, 1995, as Mental
Illness Awareness Week; and
Whereas, the Alliance for the Mentally Ill of Collier
County also wishes to proclaim this day, Tuesday, October 3, 1995, as
Mental Illness Awareness Day; and
Whereas, the Alliance for the Mentally Ill hopes that by
passing this proclamation we will raise public awareness about all
mental illness and reduce the stigma that currently exists about
mental illness.
Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that the week of October 1
through 7, 1995, be designated as Mental Illness Awareness Week and
Tuesday October 3, 1995, designated as Mental Illness Awareness Day.
Done and ordered this 3rd day of October 1995. Board of
County Commissioners. Bettye J. Matthews, Chairman.
Madam Chairman, I'd make a motion we approve this
proclamation.
COHMISSIONER NORRIS: Second.
CHAIRPERSON MATTHEWS: We have a motion and a second to
approve the proclamation. All those in favor please say aye.
Opposed?
There being none, motion passes 5-0.
COHMISSIONER CONSTANTINE: I would also mention
Saturday, to conclude this week, we have the Annual Glow Ball Golf
Tournament. If any of you have ever played night golf, this is quite
an experience. The cost is $50, and that includes hors d'oeuvres and
drinks, also your green fee, your cart. I believe a flashlight is
included.
MS. LEIB: Mosquito repellent.
COHMISSIONER CONSTANTINE: Mosquito repellent and the
glow-in-the-dark balls, but it's a lot of fun and obviously goes to a
good cause.
CHAIRPERSON MATTHEWS: Do they show up under water?
COHMISSIONER CONSTANTINE: They do.
CHAIRPERSON MATTHEWS: Really?
COHMISSIONER CONSTANTINE: Yes. They're easier to find
than my lost balls during the day.
COHMISSIONER HANCOCK: Unfortunately I can say yes, they
do.
CHAIRPERSON MATTHEWS: Thank you. Do you have a few
other things you want to say?
MS. LEIB: On behalf of the Board of the Alliance for
the Mentally Ill, I want to thank the commissioners and our county
manager, Mr. Dotrill. I want to thank you all especially for helping
us and allowing us to outreach to all of your employees this year as
we did last year. We really do try to reduce the stigma that's
attached to mental illnesses. A mental illness is a neurobiological
disorder. You can see it on a brain scan. It's very similar to
having diabetes. But, more importantly, I would like to introduce Dr.
Fecady and Nancy Hendacol who have a few words to say about having a
neurobiological disorder, and thank you again, and please come play.
MS. HENDACOL: I would like to thank you for asking me
to come to speak to you about being a consumer of mental health
services. I'm 42 years old now, and I was first diagnosed at age 13.
The last time I was hospitalized was in 1977. I believe that mental
illness can be arrested but not cured. Mental illness is a biological
disease. If I take my medication, I know I have a good chance to have
a normal life. This is my opinion, but I also like to think that
exercise is great for the illness too. Last year I lost both weight
and inches by exercising on a regular basis and felt better about
myself.
I appreciate the fact that people are taking consumers
seriously and are honoring and working out issues concerning mental
illness. The Sarah Ann Consumer Drop-in Center is a great place
because we are able to go and voice our opinions. I am happy to see
more consumer involvement like me in this place today. The Sarah Ann
Center is a place for socialization and recreation for consumers. If
you would like more information, call the Sarah Ann Center.
I have served on the Mental Health Association board of
directors for six years. I also belonged to the Mind Henders
Foundation for a year. I also belonged to the ADH Planning Council
for a while. I chaired the David Lawrence Consumer Advisory Board.
Thank you again for listening to me, and I hope you will
all listen and work toward better communication between consumers and
commissioners.
CHAIRPERSON MATTHEWS: Thank you.
DR. FECADY: My name is Dr. David Fecady. I'd like to
thank the Board of County Commissioners for recognizing this important
issue. I was hospitalized for an imbalance in the firing of my
neurotransmitters while I was in the middle of writing my doctoral
dissertation at the University of Virginia. That neuron disease that I
came down with is called bipolar disorder. I suppose I always had it,
but I never required medication until now. The hardest thing for me
to get over with this disease was the idea that I was now what people
call crazy. How could I be crazy? I got my master's degree from
Harvard. I was doing outstanding work at the doctoral program at the
University of Virginia. Now, crazy people, on the other hand, don't
participate in society. Crazy people could never become a statesman,
for instance, and lead their nation out of a world war. Crazy people
could never write a Nobel prize or winning novel. But I was wrong.
Crazy people not only participate in society, we can often shape and
transform the culture in which we live. Winston Churchill was crazy.
Ernest Hemingway, who liked to live in Key West, was crazy. And crazy
people do graduate from Harvard and write doctoral dissertations.
Crazy looks a little bit different from this point of view, doesn't
it?
As I became aware of the medical cause and the specific
symptoms of bipolar disorder, I came to see that whatever was meant by
that vague, prejudicial term "crazy" was wrong. That thing didn't
exist. I wasn't crazy after all. The term has no meaning. Churchill
wasn't crazy, Hemingway wasn't crazy, but we all three suffer from
bipolar disorder which is an imbalance in the firing of the brain's
neurotransmitters.
Awareness and information allowed me to understand and
accept, and awareness and information will allow my society to
understand and accept mental illness for what it actually is and not
to recoil in fear from a stigma that has no basis in reality.
Awareness and information are the keys which will unlock the straight
jacket and set us all free. Thank you.
Item #5A5
PROCLAMATION DESIGNATING THE MONTH OF OCTOBER, 1995, AS CRIME
PREVENTION MONTH - ADOPTED
CHAIRPERSON MATTHEWS: Thank you. Next item on the
agenda, a proclamation. Commissioner Norris.
COHMISSIONER NORRIS: Thank you, Madam Chairman. I'd
like to ask Sheriff Hunter to come forward.
SHERIFF HUNTER: Good morning.
COHMISSIONER NORRIS: Good morning, Sheriff. I have a
proclamation here to read.
Whereas, the vitality of our nation depends on how safe
we keep our homes, neighborhoods, and communities because crime and
fear diminish the quality of life for all; and
Whereas, people of all ages must be made aware of what
they can do to prevent themselves, their families, neighborhoods, and
workplaces from being harmed by violence, drugs, and other crime; and
Whereas, the personal injury, financial loss, and
community deterioration resulting from crime are intolerable and need
to be addressed by the whole community; and
Whereas, effective crime prevention programs excel
because of partnerships among law enforcement, other government
agencies, civic groups, schools, and individuals as they help to
rebuild a sense of communal responsibility and shared pride; and
Whereas, crime-prevention initiatives are more than self
protection and security but must promote positive alternatives to
delinquency and drugs among young people and emphasize the power of
youth to better communities; and
Whereas, the Collier County Crime Prevention Awareness
Council was established to promote crime prevention awareness in our
community and is comprised of civic groups, community leaders,
government agencies, law enforcement, chambers of commerce,
neighborhood watch groups, hotel and motel association, and local
media. The vital function of the council is to set the stage for
community action by coming together to strengthen our community in a
common goal in the war against crime. The 1995 national theme, "Crime
Prevention Starts at Home," sets the first step we can take in Collier
County to have the quality of life we enjoy.
Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that the month of October
1995 be designated as Crime Prevention Month in Collier County and
urge all citizens, government agencies, public and private
institutions, and businesses to increase their participation in our
community's prevention efforts and, therefore, promote good
citizenship.
Done and ordered this 3rd day of October 1995 by the
Board of County Commissioners of Collier County, Florida.
Miss Chairman, I'd like to make a motion that we accept
this proclamation.
COHMISSIONER MAC'KIE: Second.
CHAIRPERSON MATTHEWS: We have a motion and a second to
accept the proclamation. All those in favor please say aye. Opposed?
There being none, motion passes 5-0.
SHERIFF HUNTER: If I may, again, we thank you for the
proclamation and recognition of Crime Prevention Month and for the
efforts of residents countywide to make this a safer place. We know
that there are many crimes that can be prevented and mitigated,
especially those that involve property, burglary, larceny, motor
vehicle theft. Things that we do as individual residents and members
of the community can have a direct impact on reducing our crime.
We know we live in a violent society. We have too much
violence. Domestic violence has also been recognized this month by
this board. I'd like to commend this board and thank you again for
the very significant action you are taking towards crime prevention.
In just, for instance, the Pelican Bay initiative, a community
policing initiative, I think this board recognizes what it can do and
has taken a leadership role in providing for some of these facets that
will make a difference in Collier County.
I'd like to introduce Barbara Desanda who is the
president of the local council. There are a number of these councils
throughout the nation. There is a national council as well. It is a
collection or collaborative effort of citizens and civic groups,
organizations that are getting together and trying to make a
difference in promoting crime prevention and the general health of the
community. Barbara Desanda.
MS. DESANDA: I'd like to thank the commissioners for
supporting this proclamation, and I also would like to say that I have
a few members of my council here today too if they could stand. So
they're members of civic organizations, neighborhood watch groups, and
we also have participation with the hotel and motel associations,
restaurant associations, media, and everybody else. So we're really
excited about the council. It's newly formed, and we're looking for
people to participate within the community, and I again thank you very
much.
CHAIRPERSON MATTHEWS: Thank you. That's great.
Item #5B
EHPLOYEE SERVICE AWARD - PRESENTED
CHAIRPERSON MATTHEWS: Next item on the agenda is service awards.
We have but one today, but it is an important one. John A. Walters
with parks and recreation for ten years. A pin, certificate, and my
thanks.
COHMISSIONER NORRIS: We'll see you in ten years, sir.
MR. WALTERS: Yes, sir.
CHAIRPERSON MATTHEWS: We're going to have to create a
25-year pin soon.
COHMISSIONER CONSTANTINE: Commissioner Norris has
already signed him up for another ten years.
COHMISSIONER HANCOCK: We may have to have forty-year
pins for parks and rec the way they're going.
Item #882
RESOLUTION 95-568 AUTHORIZING THE ACQUISITION BY GIFT, PURCHASE OR
CONDEMNATION THE EASEMENT INTERESTS FOR ROAD RIGHT-OF-WAY, DRAINAGE,
UTILITY, MAINTENANCE, SLOPE AND SIDEWALK PURPOSES FOR THE PROJECT
PARCELS REQUIRED TO COMPLETE THE FOUR-LANING ROADWAY IMPROVEMENTS FOR
C.R. 864 (RATTLESNAKE-HAMMOCK ROAD) FROM U.S. 41 TO POLLY AVENUE -
ADOPTED
CHAIRPERSON MATTHEWS: Next item on the agenda under the
county manager's report, item 8B(2). We have -- Items two, three,
four, and five seem to all be dealing with the same issue. Would it
be appropriate, Mr. Weigel, that we address them all at one time?
MR. WEIGEL: They may be addressed at one time, but the
motion for resolution should be separate.
CHAIRPERSON MATTHEWS: Okay. Thank you. Mr. Gonzalez.
MR. GONZALEZ: Good morning. Adolfo Gonzalez with your
Office of Capital Projects Management. Yes, you're right,
Commissioner. The next four items are companions to each other. It is
for the Rattlesnake-Hammock Road project which will be for U.S. 1 --
U.S. 41 to Polly Avenue, a distance of about two miles. The executive
summaries are for adoption of land rights easements or fee simple
title to lands required for the project construction.
8B(2) is for right-of-way, drainage, utility,
maintenance, slope, and sidewalk easements. 8B(3) is for drainage,
utility, maintenance, slope, fill slope, restoration, and temporary
construction easements. 8B(4) is for fee simple right-of-way. And
8B(5) is for right-of-way, drainage, utility, maintenance, slope, fill
slope, sidewalk, and temporary construction easements.
Your staff has reviewed alternative locations,
environmental factors, cost considerations, public and safety, welfare
considerations, and I believe the board will find that the locations
shown in the described legal descriptions and attachments are the most
feasible locations for the project. I'll be glad to answer any
questions you may have. Staff recommends you adopt the resolutions
and approve the purchases.
CHAIRPERSON MATTHEWS: Commissioner Constantine.
COHMISSIONER CONSTANTINE: Madam Chairman, motion to
approve the staff recommendation on item 8B(2).
COMMISSIONER MAC'KIE: Second.
CHAIRPERSON MATTHEWS: We have a motion and a second to
approve staff -- We have discussion. Commissioner Norris.
COMMISSIONER NORRIS: Just one quick question.
Mr. Gonzalez, a year ago or so, whenever we authorized to go forward
with this project, the board directed staff to -- to delete plans to
make this a six-lane in the future and to -- to -- to design it as
more of a neighborhood four-lane-type road. Has that been done?
MR. GONZALEZ: Yes, sir, it is. The plan right now is
to build a four-lane divided urban section and the acquisition -- land
acquisition program we're into is for only four lanes. COMMISSIONER NORRIS: Thank you.
CHAIRPERSON MATTHEWS: Is that urban section residential
as Commissioner Norris has asked? I mean, is it going to have a
residential appearance?
COMMISSIONER NORRIS: The directive given last year was
to keep it in -- to design the road in keeping in harmony with the
residential neighborhood. Has that been done?
MR. GONZALEZ: Yes, sir. We'll have sidewalks on, I
think, both sides of the roadway and similar features that you'd find
along other residential corridors where there is a collector road of
this type.
COMMISSIONER NORRIS: Thank you.
CHAIRPERSON MATTHEWS: We have a motion and a second to
approve the resolution for item 8B(2). Is there further discussion?
All in favor please say aye.
Opposed?
Motion passes 5-0.
Item #883
RESOLUTION 95-569 AUTHORIZING THE ACQUISITION BY GIFT, PURCHASE OR
CONDEMNATION THE EASEMENT INTERESTS FOR DRAINAGE, UTILITY, MAINTENANCE,
SLOPE, FILL SLOPE, RESTORATION AND TEMPORARY CONSTRUCTION PURPOSES FOR
THE PROJECT PARCELS REQUIRED TO COMPLETE THE FOUR-LANING ROADWAY
IMPROVEMENTS FOR C.R. 864 (RATTLESNAKE-HAMMOCK ROAD) FROM US. 41 TO
POLLY AVENUE - ADOPTED
COHMISSIONER CONSTANTINE: Hadam Chairman, I'd like to
make a motion that we approve staff recommendation on item 8B(3).
COHMISSIONER NORRIS: Second.
CHAIRPERSON MATTHEWS: We have a motion and a second to
approve the resolution on item 8B(3). Is there discussion?
All those in favor please say aye.
Opposed?
Motion passes 5-0.
Item #8B4
RESOLUTION 95-570 AUTHORIZING THE ACQUISITION BY GIFT, PURCHASE OR
CONDEMNATION THE FEE SIMPLE TITLE FOR ROAD RIGHTS-OF-WAY FOR THE
PROJECT PARCELS REQUIRED TO COMPLETE THE FOUR-LANING ROADWAY
IMPROVEMENTS FOR C.R. 864 (RATTLESNAKE-HAMMOCK ROAD) FROM U.S. 41 TO
POLLY AVENUE - ADOPTED
COHHISSIONER CONSTANTINE: Madam Chairman, I'd like to
make a motion that we approve staff recommendation on item 8B(4).
COHMISSIONER HANCOCK: Second.
CHAIRPERSON MATTHEWS: We have a motion and a second to
approve a resolution on item 8B(4). Is there discussion?
All those in favor please see aye.
Opposed?
Motion passes 5-0. Somebody else?
Item #885
RESOLUTION 95-571 AUTHORIZING THE ACQUISITION BY GIFT, PURCHASE OR
CONDEMNATION THE EASEMENT INTERESTS FOR ROAD RIGHT-OF-WAY, DRAINAGE,
UTILITY, MAINTENANCE, SLOPE, FILL SLOPE, SIDEWALK AND TEMPORARY
CONSTRCUTION PURPOSES FOR THE PROJECT PARCELS REQUIRED TO COMPLETE THE
FOUR-LANING ROADWAY IMPROVEMENTS FOR C.R. 864 (RATTLESNAKE-HAMMOCK
ROAD) FROM U.S. 41 TO POLLY AVENUE - ADOPTED
COHMISSIONER HANCOCK: I would like to make a motion
that we approve staff recommendation item 8B(5).
COHMISSIONER NORRIS:
CHAIRPERSON MATTHEWS:
a --
COHMISSIONER HANCOCK:
I'm sorry.
CHAIRPERSON MATTHEWS:
Second.
We have a motion and a second to
I didn't know we were rotating.
Well, usually we hand these off.
We have a motion and a second to approve the resolution
for item 8B(5). Is there further discussion?
There being none, all in favor please say aye.
Opposed?
Motion passes 5-0. Thank you, Mr. Gonzalez.
MR. GONZALEZ: Thank you.
Item #886
STIPULATED SETTLEHENT IN CASE #94-2928, GREAT HONUHENT VS. COLLIER
COUNTY - STAFF RECOHMENDATION APPROVED
CHAIRPERSON MATTHEWS: Next item on the agenda is 8B(6),
a recommendation to consider a stipulated settlement. Mr. Conrecode.
MR. CONRECODE: Good morning, Commissioners. For the
record, Tom Conrecode from public works. Item 8B(6) before you today
is a presentation of a stipulated settlement in case 94-2928. The
construction company, Great Monument Construction Company, filed suit
against Collier County following the completion of a north county
water treatment plant. Their suit covered a broad range of claims,
158 claims ranging back over the history of the project and had a
value of $4.3 million. Staff and outside legal counsel have been
attempting to resolve the dispute for over a year, and as a result
both parties in the lawsuit agreed to meet in professional mediation
on September 15. The county was represented by its outside legal
counsel, Commission Chair Matthews and myself, and we've reached the
stipulated settlement that's before you today in the amount of $2.1
million. Subject to any questions, I would recommend that the board
accept this stipulated settlement.
CHAIRPERSON MATTHEWS: Are there questions? Commissioner
Hancock.
COHMISSIONER HANCOCK: Just based on an important point
to me that at the conclusion of this settlement if it's approved by
this board, the total payment from the county will be less than what
the anticipated bid was on the project. So this isn't something that
is, in essence, going into the deeper pockets than what was
anticipated for the overall cost of the project. Based on that, what
I believe is a fair settlement, I'll move approval. COHMISSIONER NORRIS: Second.
CHAIRPERSON MATTHEWS: We have a motion and a second to
approve the stipulated settlement agreement. Is there further
discussion?
There being none, all those in favor please say aye.
Opposed?
There being none, motion passes 5-0. Thank you, Mr.
Conrecode.
COHMISSIONER CONSTANTINE: Just for the benefit of the
public, we should probably mention that -- I know I have and I saw
them in Commissioner Hancock's office -- we had extensive briefing on
this item. We didn't just make that decision on a 30-second summary
so --
MR. CONRECODE: Thank you.
COHMISSIONER HANCOCK: Worth noting.
CHAIRPERSON MATTHEWS: I had about a 12-hour briefing on
it. Thank you.
Item #887
BID 95-2387 REJECTED FOR CONSTRUCTION OF MASTER PUHP STATION 1.04
Next item on the agenda is 8B(7), a recommendation to
reject bids for construction of master pump station. Mr. Gonzalez.
MR. GONZALEZ: Adolfo Gonzalez with the Office of
Capital Projects Management. This item relates to the construction of
master pump station 1.04. Earlier this year -- late this year we
received five bids for the construction project. The bids were all in
the range of 1.4 to $1.7 million. Our engineer's estimate was
somewhere around $850,000 for the construction of the facility.
A couple of things in addition to that that occurred
was, as your staff tried to reconcile the -- the fiscal year '96
utilities budget for all our capital projects, we needed to make some
cuts to balance that fund. Realizing that the bid had come under -- a
lot under our current project budget for it and knowing that we had to
cut some projects to reconcile the overall budget, your staff's
recommendation is to reject the bids and defer this project until
fiscal year 1997.
COHMISSIONER CONSTANTINE: Madam Chairman, motion to
approve staff's recommendation to reject the bids. COHMISSIONER NORRIS: Second.
CHAIRPERSON MATTHEWS: We have a motion and a second to
approve staff's recommendation and reject the bids for bid number
95-2387. Is there further discussion?
All those in favor please say aye.
Opposed?
Motion passes 5-0. Thank you.
Item #SD1
PAYHENT OF HERIT PAY AND GENERAL WAGE ADJUSTHENT - APPROVED
Next item on the agenda is item 8D(1), support services,
recommendation to approve payment of merit pay and a general wage
adjustment. Hr. Ochs.
MR. OCHS: Good morning, Commissioners. For the record,
Leo Ochs representing your support services division. The item before
you this morning is staff's recommendation to approve the fiscal year
1996 general wage adjustment and merit pay programs. The board may
recall that these items were initially discussed as part of the
board's budget policy-setting executive summary in February of 1995
and was -- appropriations fund. Both of these programs were
subsequently adopted as part of the board's fiscal year 1996 adopted
budget that commenced earlier this month.
The proposed general wage adjustment in the amount of
3.5 percent is recommended to be effective on October 1 of 1995 for
all employees who have completed one year of service as of September
30, 1995. Employees who had been hired during the fiscal year 1995
but had not yet completed one year of service would be eligible for
that general wage adjustment on their one-year employment anniversary
date.
With respect to the merit pay program, there are basically two
considerations that the administration was asked to valuate this year,
one from senior staff and another from the County Hanager's employee
advisory committee. The -- The first merit plan is very similar -- I
should say the one recommended by senior staff is very similar to the
current year's merit pay program in which approximately 30 to 40
percent of all employees in the board's agency, which is about 300
employees of the -- of the roughly thousand that are budgeted, would be
eligible to receive a lump sum merit bonus, non-recurring, not added to
their base wage, one time during the year.
There's a second component that's being requested this year to add
a bit of flexibility and some additional performance incentives to the
plan, and that's what we refer to as a special merit bonus. The intent
there being that we would be able to reward employees during the course
of the year at a point where they actually accomplish a specific goal
or objective and not wait until one time during the year to reward
performance. In that case employees would be limited to a $100 special
merit bonus and employees -- an individual employee would be eligible
to receive a special merit bonus twice each year, no more than twice
each year.
The second proposal for the merit plan -- and, again,
was submitted by the employee advisory committee, and that proposal,
in essence, would provide for receipt of a lump sum merit bonus to
employees that receive either a satisfactory, an excellent, or a
superior rating on their annual performance review. That would
include basically most of the employees in the agency because there's
very few of our employees who receive below standard evaluations. We
typically weed those bad performers out during the probationary
period.
Because of the cost involved and the philosophy behind
the merit program -- that being merit is -- is intended for work above
and beyond the normal call -- the staff is recommending that the board
adopt the merit option number one which is the -- in your executive
summary labeled number one, executive management's recommendation.
CHAIRPERSON MATTHEWS: Commissioner Constantine.
COHMISSIONER CONSTANTINE: First, let me compliment Leo.
The -- I'm a big proponent of this, in that I think if people are
doing a good job, we need to reward them for that. We often say
government needs to run more like a business, and I know in a private
business if someone did something outstanding, you recognize that not
only with a certificate, but with a little monetary reward. And I
think the point is well made, that the intent of this is for those who
are going above and beyond and if there is some particular outstanding
activity that merits recognition. So I think it's a great idea, and I
think I'll be happy to make a motion to support recommendation number
One.
COMMISSIONER HANCOCK: Second.
CHAIRPERSON MATTHEWS: We have a motion and --
MR. DORRILL: You have one speaker.
CHAIRPERSON MATTHEWS: -- second. We have one speaker?
MR. DORRILL: You do have one speaker.
CHAIRPERSON MATTHEWS: That's what I thought. Let's
hear from the public speaker. Mr. Keller.
MR. DORRILL: Mr. Keller.
MR. KELLER: George Keller, concerned citizen. First, I
want to tell you that I am receiving quite a chunk from the government
that's based on callers, and that's one of the things that I want to
talk a little bit about. Secondly, I want to compliment the county.
I think that we do a good job, and we have very good employees, and
they should be paid what they're worth, but I think basically all
forms of government are going to have to review this business of
raising salaries based upon cost of living, and I think Congress is
now doing some work on that, both as far as salaries and pensions.
The cost of living deal is -- is a pyramid thing that actually causes
a tremendous amount of inflation because so many people are involved
in receiving income based upon cost of living, both employees and
pensioners, and I think itws a false economy to build up inflation
when the dollar keeps on depreciating, so you actually donwt get
anything out of it materially, and I think that basically in the
future that we should -- and the county and in all government
industries we should reconsider what -- what -- what cost of living
should -- should be -- what increase in salary should be based upon
cost of living. I know that Congress is now considering refiguring
what this cost of living percentage is, and it will -- You can see
what Iwm getting at. What wewre doing is wewre constantly pyramiding
our inflation so, consequently, the money you get isnwt worth what --
what it used to be.
My pensions right know are about two and a half times
what they were when I first started getting them, and I take it
gracefully, and I put it in the bank, but it doesnwt -- in actual
value, it -- it -- it -- it doesnwt mean anything, and sooner or later
all forms of government all over the world are going to have to start
doing something about inflation, and this may be one of the things you
might be considering in future years, that there should be some other
basis of raising salaries based -- not based on cost of living. Thank
you.
CHAIRPERSON MATTHEWS: Thank you.
MR. DORRILL: Thatls all.
CHAIRPERSON MATTHEWS: Mr. Dotrill, I have a question.
This program welre being asked to approve today of which we -- we have
a motion and a second, is this only for the current fiscal year, or is
this an ongoing program?
MR. DORRILL: No. This is only for this fiscal year as
part of your -- what was the adopted board policy and your direction
for this year.
CHAIRPERSON MATTHEWS: Iim just asking that because a
couple of weeks ago we approved a gain-sharing program which -- which,
in essence, if -- if our employees do a good job in the three pilot
departments, it will essentially be a merit --
MR. DORRILL: I think by the time --
CHAIRPERSON MATTHEWS: -- bonus too.
MR. DORRILL: Right. By the time we get to mid year as
part of your very preliminary budget workshops where youlre looking at
the priority program budgeting, youlre going to have at least a
benchmark to determine whether you want to try and go to a broader
gain-sharing pay and merit program for next year if it appears that
the majority of the departments can -- can meet your expectations and
lower unit cost, and I think by the time we get to April 1st which is
your mid point, weill have a good handle on that. Your pilot project
does not provide for awards for participating departments until you
get to the end of the year and they actually prove that they did what
you projected that they could do.
COMMISSIONER CONSTANTINE: Did anybody see yesterday in
the news the ultimate gain-sharing program? There was a guy. He had
blown the whistle on a contractor out west, a government contractor,
and turned out to be billions of dollars and the -- and the --
whatever the percentage was, he got $19 million for blowing the
whistle.
MR. DORRILL: God bless him.
COHHISSIONER HANCOCK: I need to start looking a little
-- a little harder around here.
CHAIRPERSON MATTHEWS: That's really hitting -- hitting
the lottery, isn't it?
COHMISSIONER CONSTANTINE: Yeah.
CHAIRPERSON MATTHEWS: Well, the IRS has had such a
program for a long, long time where they'll share the -- share the
proceeds of somebody that blows the whistle. So, you know, it's --
it's not new.
COHMISSIONER HANCOCK: Passed out a lot of whistles.
MR. DORRILL: This is a very good but very
cost-effective program for this year. I think you meet the minimal
needs of your employees. I will tell you that this is not a popular
program which is why we let the employee advisory council propose
their own version of merit, but I think at least in the last two years
the County Commission has said, well, merit needs to be reserved in
our case for the top third or thereabout employees on a one-time bonus
program, and that's essentially the program we had last year and the
basis of the executive staff's recommendation to you by Mr. Ochs this
morning.
CHAIRPERSON MATTHEWS: Okay. We have a motion and a
second to approve the payment of merit pay and a general wage
adjustment. All those in favor please see aye. Opposed?
Motion passes 5-0.
MR. OCHS: Thank you, Commissioners.
CHAIRPERSON MATTHEWS: Thank you, Mr. Ochs.
Item #9A
RESOLUTION 95-572 APPOINTING SIX HEHBERS TO THE COHMUNITY ADVISORY
COUNCIL PERTAINING TO LANDFILL OPERATION AGREEMENT BETWEEN COLLIER
COUNTY AND WASTE MANAGEMENT INC. OF FLORIDA - ADOPTED
Next item on the agenda under county manager's report,
9A. No. I'm sorry. I've missed a page. No. There's nothing under
the county manager's report.
MR. DORRILL: We're on to 9A.
CHAIRPERSON MATTHEWS: Go on to 9A.
COHMISSIONER CONSTANTINE: On this, Madam Chairman,
we're looking for six members. There are seven names here, and I
might suggest Mr. Coletta has announced he's going to be running for
commission. He's going to file the paperwork next Monday, and I
believe under the resign-to-run rule, he would have to resign anyway.
So it might make sense for us to appoint the other six names. I'll
make a motion we do that.
COHMISSIONER MAC'KIE: Second.
CHAIRPERSON MATTHEWS: We have a motion and a --
MR. WEIGEL: Madam -- Madam Chairman, I appreciate that
information. There are -- There are seven names there, but Mr. -- Mr.
Mike Davis is on there, for your information, as an additional name
which is actually recognition of the Waste Management -- the
contractor designee. This is a board that is not created or funded by
the Board of County Commissioners, and so we don't have the normal
constraints that we would come under with the -- with the county
administrative board Ordinance 86-41 that's amended that's on the
books. The only thing that you really need to know in regard -- other
than changes that you wish to make that we will incorporate in a
resolution is that the appointments that you recognize today
essentially are appointments at will, and the resolution can so state
until a vacancy or other conflict or -- or desire of the board is to
remove one of the six persons that you so designate. Now, in -- in --
By virtue of the fact that Mr. Davis is purported to be the Waste
Management appointee, you may need another name if in-- if, in fact,
he is not to be the appointee of the board, and Mr. Steve Bigelow is
here too.
COHMISSIONER CONSTANTINE: Maybe Steve could help us out
but I -- I talked with Mr. Davis and I know he -- he's interested
regardless of how that happens. All that said, I would still leave my
motion as it was.
MR. WEIGEL: Okay.
MR. BIGELOW: Good morning, Commissioners. It would be
very easy for us to have the commissioners appoint Mr. Davis and Waste
Management can appoint another person at a later date, and we'll
notify you who that individual is.
COHMISSIONER HANCOCK: I'll leave my second. I think
that's the way it should be.
CHAIRPERSON MATTHEWS: We have a motion and a second to
appoint six of the seven names presented to us. That would be Bill
Arthur, Sherry Barnett, William Coombs, Barbara Jenkins, Linda
Harsakowski, and Michael Davis to the community advisory council
pertaining to landfill operations. Any further discussion? All those
in favor please say aye.
Opposed?
Motion passes 5-0.
Next item on the --
COHMISSIONER HANCOCK: Can I make a --
CHAIRPERSON MATTHEWS: -- agenda --
COHMISSIONER HANCOCK: -- point of information?
Mr. Weigel, does Mr. Bigelow then need to bring their appointment back
to let us know what it is, or can they just make it? Just so we're
all --
MR. WEIGEL: They -- They can make that. I think --
COHMISSIONER HANCOCK: Okay.
MR. WEIGEL: -- that just by advising the board and --
and the county attorney office, we'll have the record that we need.
We're really only looking for the recognition of the board appointees
here today.
COHMISSIONER HANCOCK: Six. Okay. I just want to make
sure we -- we're all on the same playing field.
MR. BIGELOW: Thank you, Commissioners.
Item #9B
RESOLUTION 95-573 DIRECTING STAFF TO REFUND THE SURPLUS MONIES WITHIN
SEWER AREA "B" SOUTH HALF HSTD BY ISSUING CHECKS TO THE CURRENT
PROPERTY OWNERS LISTED ON THE 1995 COLLIER COUNTY AD VALOREH TAX ROLL -
ADOPTED
CHAIRPERSON MATTHEWS: Thank you. Next item on the
agenda is 9B, a resolution directing staff to refund surplus monies
from sewer area B.
COHMISSIONER NORRIS:
COHMISSIONER MAC'KIE:
COHMISSIONER NORRIS:
CHAIRPERSON MATTHEWS:
huh?
COHMISSIONER NORRIS:
CHAIRPERSON MATTHEWS:
COHMISSIONER MAC'KIE:
COHMISSIONER HANCOCK:
Hotion to approve staff's --
Second.
-- recommendation.
We don't even want to discuss it,
We already have discussed it.
Several times.
Yes.
I was going to ask, unless
there's a big problem here --
COHMISSIONER NORRIS: There's no change, right, Hr.
Weigel?
MR. WEIGEL: No. This is only the fact that after the
last resolution went up the flag pole, we did determine with the --
with the clerk and the tax collector that we absolutely couldn't work
a -- a credit through the billing arrangement, so we've gone the
alternate route that we advised you we may have to go which is to make
a direct refund, and working with the clerk's office, we have the time
frame set. So this would appear to occur by December 15 at the latest
that the checks would issue to the current property owners.
CHAIRPERSON MATTHEWS: The current property owners?
MR. WEIGEL: Current property owners.
CHAIRPERSON MATTHEWS: Okay. We have a motion and a
second to approve the resolution directing staff to make the refunds.
Further discussion?
All in favor please say aye.
Opposed?
There being none, motion passes 5-0.
Item #10A
RESOLUTION 95-574 APPOINTING JOHN P. HICKEY AND JAMES E. CAVANAGH TO
THE COLLIER COUNTY GOVERNMENT PRODUCTIVITY COMHITTEE - ADOPTED
Next item on the agenda is item 10A.
COMMISSIONER CONSTANTINE: Madam Chairman, I see there's
two openings and two names. Miss Filson, assuming both of those are
eligible, I'll make a motion that we approve those two names --
COMHISSIONER MAC'KIE: Second.
COMHISSIONER CONSTANTINE: -- Mr. Hickey and Mr.
Cavanagh.
CHAIRPERSON MATTHEWS: We have a motion and a second to
approve John P. Hickey and James E. Cavanagh to the county government
productivity committee. Is there further discussion?
All in favor please say aye.
Opposed?
Motion passes 5-0.
Item #10B
RESOLUTION 95-575 APPOINTING HARK ADAM SMITH AND REAPPOINTING HARK
LINDNER TO THE AFFORDABLE HOUSING COHMISSION - ADOPTED
Next item is appointment of members to the affordable
housing commission.
COHMISSIONER HANCOCK: Madam Chairman, I'd like to make
a motion that we follow recommendation of appointing -- reappointing
Mr. Mark Lindnet and appointing Mr. Mark Adam Smith to the affordable
housing commission.
CHAIRPERSON MATTHEWS: Is there a second?
COHMISSIONER HAC'KIE: Second.
CHAIRPERSON MATTHEWS: We have a motion and a second to
appoint Mark L. Lindnet -- reappoint, and to appoint Mark Adam Smith
to the affordable housing commission. All those in favor please see
aye.
Opposed?
Motion passes 5-0.
Item #10C
RESOLUTION 95-576 APPOINTING PATRICIAANNE GOODNIGHT TO THE PARKS AND
RECREATION ADVISORY BOARD - ADOPTED
Next item on the agenda is appointment of a member to
the parks and recreation advisory board.
COMMISSIONER CONSTANTINE: Madam Chairman, it appears
there is one vacancy and one name. I'll make a motion we approve that
name.
COMMISSIONER MAC'KIE: Second. Come on.
COMHISSIONER HANCOCK: Which would be?
CHAIRPERSON MATTHEWS: We have a motion and a second to
appoint Patricia Anne Goodnight to the parks and recreation advisory
board representing Immokalee. All those in favor please say aye.
Opposed?
Motion passes -- Motion passes 5-0. I'm sorry.
COMHISSIONER HANCOCK: It's just an O.J. Silly kind of
day up here.
CHAIRPERSON MATTHEWS: It seems to be.
COMMISSIONER CONSTANTINE: Nothing else matters.
CHAIRPERSON MATTHEWS: Well, actually, you know, we have
to be done by one o'clock or --
COMHISSIONER MAC'KIE: Oh, God.
CHAIRPERSON MATTHEWS: -- we're going to get preempted.
COMMISSIONER MAC'KIE: Don't say it.
CHAIRPERSON MATTHEWS: Let's move on. Next item on the
agenda is scheduled for a time certain of 11:30.
MS. FILSON: He just went to call the sheriff to tell
him to come over.
CHAIRPERSON MATTHEWS: Okay.
COMMISSIONER HANCOCK: Chair, is it appropriate to
motion to table? Because we do have some people here, I believe, for
public comment.
COMHISSIONER CONSTANTINE: Chair?
CHAIRPERSON MATTHEWS:
We don't have a motion.
COMMISSIONER NORRIS:
back.
CHAIRPERSON MATTHEWS:
COMHISSIONER MAC'KIE:
COMHISSIONER HANCOCK:
CHAIRPERSON MATTHEWS:
I think a motion to continue --
You can just skip it and come
Yeah.
Just skip it would work for me.
Okay. No motion.
Mr. Dotrill, do you have any idea
how long the appeal 13A(1) will take? MR. DORRILL: No, ma'am, I do not.
CHAIRPERSON MATTHEWS: We don't have anybody here to
represent that either right now.
MR. DORRILL: They're en route.
CHAIRPERSON MATTHEWS: They're en route? Why don't we
-- Why don't we take a ten-minute recess.
PUBLIC COMMENT
COMMISSIONER MAC'KIE: Well, we've got public comment.
COMMISSIONER HANCOCK: Do you want to take public
comment first? Because I do know we have some people here. MR. DORRILL: Two.
CHAIRPERSON MATTHEWS: Well, we have two public
comments?
MR. DORRILL: Different subjects, but you do have two.
CHAIRPERSON MATTHEWS: Okay. The first one.
MR. DORRILL: The first today is Mr. Ronald Lightnet.
Mr. Lightnet, if you would, please, sir.
CHAIRPERSON MATTHEWS: Mr. Lightnet and the person
following him, I'd like to remind you that you have five minutes for
your public comment. The board takes no action on what you -- what
you're going to present to us, though we may direct staff to bring the
issue back before us again at a later date.
MR. LIGHTNER: I understand.
CHAIRPERSON MATTHEWS: Mr. Lightnet.
MR. LIGHTNER: Well, I guess I'm not too good at this,
but I'm here on Little League Road, and I think I talked to Tim
Hancock on it, and, Bettye Matthews, I've talked to you on it and --
yes, sir. And you all said if we got a petition up for the people,
you know, out there to tax the property, that y'all could probably
help us. George Archibald is here. He looked at the road to give us
some assistance, and I guess we just need some more. So I've
collected up some checks for -- to purchase some material now, and
here's -- Can I give y'all a copy --
CHAIRPERSON MATTHEWS: Why don't you give them to
Mr. Weigel or Mr. Dotrill, and they'll pass them out.
MR. LIGHTNER: It's proposing that I work together with
the county and the people work together with the county to help get
the road at least passable for right now, and then we'll -- after
y'all go through the rest of this stuff, we'll see what we can do from
there on. I'm not very good at this.
COHMISSIONER CONSTANTINE: You're doing very well.
COHMISSIONER MAC'KIE: You're doing great.
COHMISSIONER CONSTANTINE: Did you say you collected
some checks there?
MR. LIGHTNER: Yes, sir.
COHMISSIONER CONSTANTINE: That alone is doing very
well.
MR. LIGHTNER: Well, the reason for -- Now the people --
We need -- We need to put this on their property tax. Some of the
people give very graciously, and there's other people that didn't feel
like it was their responsibility, and if we tax their property and put
the road in up to county specs like that, I'm willing to help you.
I've got all types of equipment. Then everybody has to pay their fair
share to use the road. There's several homes out there that people
have a lot of vehicles and stuff, and they didn't feel it was their
responsibility to help out. Others have -- I don't know who wants
these. I brought them to turn in.
MR. DORRILL: The total is how much?
MR. LIGHTNER: I -- I don't know. I didn't even total
them up.
MR. DORRILL: We'll -- We'll do that just so that you'll
know before you leave. MR. LIGHTNER: Okay.
CHAIRPERSON MATTHEWS: Mr. Lightnet, I have a question.
You -- You've brought to the podium the question of Little League
Road. Little League Road is one -- one arm of what becomes Trafford
Farm Road.
MR. LIGHTNER: I'm sorry. Trafford Farm Road. Yes.
It's -- I -- I corrected the -- I've got a copy here. I corrected the
top of this so that it would read we want to -- Little League Road is
fine down to where it stopped. It's Trafford Farm Road on around that
is impassable.
CHAIRPERSON MATTHEWS: And that's a private road?
MR. LIGHTNER: That's a privately owned road, yes,
ma'am. There's no -- George has looked at it. There's no drainage to
it. Some driveways don't have pipes in them. Other places, the road
is -- or the thing is just collapsed. Now, I've taken a grader in
there in the last week and pulled the shoulders up and -- but there's
still no drainage pipes.
CHAIRPERSON MATTHEWS: Commissioner Hancock.
COHMISSIONER HANCOCK: It sounds like you're actually
accomplishing two steps. The first is -- and this happens quite a bit
where there is voluntary involvement on the part of several property
owners who pitch in and then the county helps and we -- we try and get
the road passable.
MR. LIGHTNER: Right.
COHMISSIONER HANCOCK: The next step then is the taxing
district which for the most part for this board to move into it,
requires about -- you know, more than half the property owners to say,
yes, we want to do this. Of the signatures you have, we're going to,
you know, want to know how many property owners are affected, and
that's our job as the county, to find out how many property owners are
affected, how many signatures we have. And, Mr. Archibald, could I
get some help from you on this point? Because it sounds like with
these checks and what you're doing, step one is well on its way and --
and our transportation services department is going to do what we can
to help you get that road passable with the work you've already done.
The next step you want to go to which is to set up a taxing district
and make this a public road, I believe -- MR. LIGHTNER: Yes, sir.
COHMISSIONER HANCOCK: -- with the proper drainage and
so forth, Mr. Archibald, what background do we have on the number of
people out there, the number of properties? I mean, have you reviewed
this petition?
MR. ARCHIBALD: Not yet.
COHMISSIONER HANCOCK: Okay.
MR. ARCHIBALD: But I believe it represents over 100
people. So it's a fairly large area that's being represented, and
you're correct. The request, I believe, is twofold. One is to
provide the county funding, for the county to provide material so
these people can go -- go ahead and complete road restoration work,
and the restoration work that they're doing does comply with the
board's direction previously. That is, the damage was due to the
storm. Two, the improvements are only being made to make the road
passable. And, three, they're subsidizing the cost of the material.
I think what's being requested here is that the county go ahead and
provide or subsidize some of the cost of transporting the material to
their site. So what we would do, the board direction would be to,
one, accept the dollars, place those dollars in a fund to be able to
purchase limerock for this site, deliver that limerock to the site,
and then the residents, through Mr. Lightnet and others, will, in
fact, complete work so that the road is serviceable.
The second item is to go ahead and accept the petition
and begin the long, long drawn-out process of determining what needs
to be done, whether it's affordable, at what level will the people
participate, would they prefer taxing or assessment. That process
could be started at the same time.
MR. LIGHTNER: With -- On -- I've seen my time. But what
we're doing is the thing has gotten in such bad shape that -- There's
actually a report I'm fixing to go pick up over here at the sheriff's
department where the sheriff has refused to -- or the deputies have
refused to come down the road. A lady had an accident in her yard.
They make her take the accident out to the highway. That kind of
tells you how bad things are. The fire department has said that, you
know, if the road is impassable and their trucks get stuck in it,
they're parked, you know, so now it's kind of a bad health problem.
COHMISSIONER CONSTANTINE: Madam Chairman, it seems
appropriate if -- if they're petitioning and they've collected money
and Mr. Archibald is already working with them, then we just give Mr.
Archibald direction to continue to work with them and hopefully end up
where you're headed.
MR. LIGHTNER: Yeah. I'll take care of the equipment
work. I've already helped Archie, and I've got a road bid up. I have
no problem. I can bring it up to the county specs, whatever y'all ask
for.
CHAIRPERSON MATTHEWS: Does anyone have any difficulty
with that recommendation that we direct Mr. Archibald to continue
simply to work with them?
COHMISSIONER HANCOCK: Can we clone this gentleman and
put him all over the county? COHMISSIONER MAC'KIE: Yeah.
CHAIRPERSON MATTHEWS: We need a couple hundred of him.
MR. DORRILL: He needs -- This man needs to be a
consultant for Rock Road and Acremaker Road. MR. LIGHTNER: Not that smart.
MR. DORRILL: Just for purposes of this gentleman's
request, he has provided us with 16 personal checks that total $1,905
and we'll see that they're credited to the road and bridge maintenance
account for that area, and we thank him for that. COHMISSIONER HANCOCK: Terrific.
CHAIRPERSON MATTHEWS: Thank you very much, Mr.
Lightnet. Mr. Archibald will continue to work with you to get the
road, number one, passable and, number two, begin the process of
upgrading it.
MR. LIGHTNER: I appreciate that. Thank you.
CHAIRPERSON MATTHEWS: Thank you.
COMMISSIONER MAC'KIE: Thank you.
MR. LIGHTNER: Y'all have a nice day.
CHAIRPERSON MATTHEWS: We have another public comment?
MR. DORRILL: Yes, ma'am, we do. Mr. Sampson, your
turn.
MR. SAMPSON: My name is Corwin Sampson. I'm nervous
here. I have several things to comment on. I thought I'd go through
the list. Maybe you could write done something you like. If you
don't, whatever happens. I spoke to Mr. Tom Olliff about some
concessions at different various locations around the county, and we
conversed on traffic problems that are caused by boat ramps too, such
as if you ever go to Bayshore boat ramp on the weekend, you'll know,
or the boat ramp on 951. When the road gets four-laned, what's going
to happen? Naples Landing, they're redoing that. Is there a
possibility of putting a concession there? He told me it's city
owned.
CHAIRPERSON MATTHEWS: That's city.
MR. SAMPSON: I don't know who does what there for -- in
-- in county, city income, whatever. I was wondering about a
concession at the Coast Guard station on 951. Is that possible?
CHAIRPERSON MATTHEWS: I think we're in the process of
doing that right now.
MR. SAMPSON: Out to bid. And then --
CHAIRPERSON MATTHEWS: Wait a minute. At 951. Oh, okay.
MR. SAMPSON: At the Coast Guard station the county does
now own, the way I understand it. CHAIRPERSON MATTHEWS: Uh-huh.
MR. SAMPSON: Can I put jet skis at the Caxambas boat
ramp, maybe on -- If noise is a problem with particular hours, between
8:00 and 6:00, or anything that's feasible. The county can make money
as long as the residents don't complain too much.
CHAIRPERSON MATTHEWS: You're talking about putting --
MR. SAMPSON: Could that be put out to bid too?
CHAIRPERSON MATTHEWS: You're talking about putting jet
skis at Caxambas for rental?
MR. SAMPSON: Boat ramp. Yes.
COMMISSIONER HANCOCK: We've taken a pretty strong
stance against jet skis. As a matter of fact, we just had a vendor
come in --
MR. SAMPSON: All right.
COMMISSIONER HANCOCK: -- looking for boat rentals, and
one of the main things was no jet skis.
MR. SAMPSON: Why?
COMMISSIONER HANCOCK: Because --
CHAIRPERSON MATTHEWS: The Cocohatchee.
MR. SAMPSON: Why?
COMMISSIONER HANCOCK: Because most of the people that
operate them are absolute amateurs on the water.
MR. SAMPSON: Well, I would like to do guided tours back
through the mangroves to -- so people could learn. COMMISSIONER MAC'KIE: That's new.
MR. DORRILL: My suggestion would be for him if he has a
proposal or some type of proforma, that a great place to start is your
parks and recreation advisory board and let them evaluate it and see
what they want to do countywide.
CHAIRPERSON MATTHEWS: That's what I would suggest, work
with the parks and rec board.
MR. SAMPSON: Okay. I've -- I've talked to him.
COMMISSIONER HANCOCK: Again, Mr. Olliff could help walk
you through that process.
MR. SAMPSON: Okay. Thank you. And --
CHAIRPERSON MATTHEWS: I have a comment about jet skis
though. Since we're in public comment, I'll comment too. I notice
when I'm at the beach here in Collier County and jet skis are off the
coast, they're really, really noisy, and when -- when I've been in
other places outside of this country and this state, they have jet
skis 100 feet off the coast, and you hardly know they're there.
MR. SAMPSON: I -- I don't even own a jet ski. I just
have a situation where a man owns several that I might be able to rent
out, and I'm looking at all the avenues of doing that to produce some
kind of income.
CHAIRPERSON MATTHEWS: I just question if this country
for one reason or another have taken the mufflers off -- MR. SAMPSON: I don't know.
CHAIRPERSON MATTHEWS: -- to make all this noise that
people seem to like --
MR. SAMPSON: I -- I don't know.
CHAIRPERSON MATTHEWS: -- at least the people riding
them seem to like.
COHMISSIONER CONSTANTINE: They're just strong easterly
winds bringing the noise in.
CHAIRPERSON MATTHEWS:
HR. SAMPSON: Yeah.
CHAIRPERSON MATTHEWS:
COHMISSIONER HANCOCK:
jet ski.
CHAIRPERSON MATTHEWS:
ahead.
Is that what that is?
There you go. The wind did it.
Okay.
There's not much muffling to a
Somewhere else there must be. Go
MR. SAMPSON: I do remodel work occasionally, and I have
a pickup load of concrete block and debris. I have to take it to the
transfer station on Marco Island because it's less inexpensive to take
it there and dump it for a lot of money than it is to drive all the
way to the Golden Gate landfill. I just wondered why we couldn't dump
anything that sinks in a -- in a proper manner and build reefs
offshore instead of filling up the dump, and Mr. Olliff said they do
that on occasion. I know I talked to you earlier about burning trash
offshore. I talked to a man that made his money doing that trash, and
he says that's not feasible nowadays. But if we did put it offshore
instead of putting it in the dump -- We separated it at the source is
what he says. That's the problem with recycling. It has to be
separated at the source instead of taking it to the dump and then
separate it there and put it there.
CHAIRPERSON MATTHEWS: Don't -- Don't we recycle our
concrete, Mr. Dotrill, and use it for daily cover?
MR. DORRILL: We have -- We have two programs. We do
have, at least the last several years, an artificial reef program that
we do under a grant with the former Department of Natural Resources.
In fact, I think we just completed one this summer. We also have a
private recycling contract at the Naples landfill for the recycling of
construction and demolition debris, and a large fraction of what they
do is concrete and enter rubble and drywall and things like that. So
there are programs for that because we're precluded under law from
putting that material in the landfill with the daily household
garbage, and the same is true now for yard waste and tree trimmings.
We can no longer put those in the landfill.
MR. SAMPSON: Can --
CHAIRPERSON MATTHEWS: Commissioner Hancock.
COHMISSIONER HANCOCK: Does this gentleman pay a lower
tipping fee for, say, the transfer station on Marco than he would at
the landfill?
MR. DORRILL: If he does not have an established
commercial account at the landfill, he would not be given access into
the landfill itself, but anyone can use the transfer station.
MR. SAMPSON: I don't -- No, I don't have an account.
Can I go over these?
CHAIRPERSON MATTHEWS: Yeah. Go ahead. We've been
using your time up.
MR. SAMPSON: All right. Okay. If they did dump it
offshore, it would do wonders for fish production which is declining
rapidly. Scuba diving is a tourist -- I don't know if tourist tax --
I had talked to you about -- frisbee golf might be an idea, and
charter fishing would be a plus there and tourism and less trash in
the landfill, of course.
I just talked to the sheriff about inmates versus a city
employee, not that I want to take any city employee's job away, but as
the city grows -- as we just read in the newspaper, it's going to --
could we use these inmates to -- I don't know -- grow vegetables, take
care of our landscaping, grow trees on county-owned property that's
now being mowed or something and to mow the right-of-ways on the
highways, and Brazilian peppers -- exotic trees I think you call it,
they could eliminate on county and public whatever.
And then this $800,000 pump house -- I do construction.
If you draw a picture, I'll build it for less than $1.2 million, or
whatever it is, with the county employees or those youngsters that
seem to get in trouble all the time.
And the frisbee golf tournament -- Oh, the nighttime
golf tournament, where is that held at?
COHMISSIONER CONSTANTINE: It's going to be at Palm
River this Saturday.
MR. SAMPSON: Okay. Good. I'll bring my kids. They
like to golf. And frisbee disk golf, I'd like to put that at the park
on Barfield on Marco Island, even if we put nine holes in there.
CHAIRPERSON MATTHEWS: I would suggest that you continue
to work with the parks and rec -- MR. SAMPSON: On that one too?
CHAIRPERSON MATTHEWS: -- advisory board and the parks
and rec department --
MR. DORRILL: Good idea.
MR. SAMPSON: All right.
CHAIRPERSON MATTHEWS: -- to -- to work on those ideas
that our parks and recreation deal with the boat ramps, concessions at
the 951 boat ramp and all those different ideas. Most of them seem
concentrated around the parks and rec department -- MR. SAMPSON: Okay.
CHAIRPERSON MATTHEWS: -- and the advisory board. The
item about the inmates, I believe the sheriff is probably using
inmates that he can for public projects right now. There's just 70
percent of our jail population are presentenced, and we cannot force
them to work.
COHMISSIONER HANCOCK: In addition, I'd passed something
on --
MR. SAMPSON: Can they volunteer?
CHAIRPERSON MATTHEWS: They can volunteer, and many of
them do, but we cannot force them. MR. SAMPSON: Oh, okay.
COHMISSIONER HANCOCK: In addition, I passed something
on to -- and I discussed this with Neil and I passed on to one -- I
think Mr. Archibald in transportation. There is a county using
juvenile offenders in training them in horticulture and using them to
do landscape maintenance and so forth, and one problem Mr. Dotrill
pointed out to me is anytime we put them out there to do that work, we
have to pay warker's camp on them.
CHAIRPERSON MATTHEWS: Uh-huh.
COMMISSIONER HANCOCK: So it is a cost to the county.
The question is, can we either save money or trade in training these
people for a job that exists in the community in landscaping while
getting some benefit out of them. So there are some things going on
in that vein and -- and I think it's a pretty astute observation.
MR. SAMPSON: Well, as far as warkman's camp, whoever
works out there has to be covered somewhere somehow, and you
eventually pay for it anyway. So whether you subcontract it or get an
employee to go do it --
MR. DORRILL: Right. Your other point about growing
vegetables -- at least as long as I've worked for the county, the
sheriff has historically grown row crops at the stockade in Immokalee
at a very large production level. Now, you know, I don't know if
they're planting this year, but I can tell you as long as I've worked
here, the sheriff has grown crops in Immokalee at the stockade to feed
prisoners both in Immokalee and I would think also the Naples jail
center, and they also take care of all of the animals at the animal
control shelter which is adjacent to the stockade in Immokalee as
well. So we're -- we're getting some dual use out of the people who
are sentenced and then serving time at the Immokalee jail.
COHMISSIONER CONSTANTINE: On the final item, you
mentioned the frisbee golf. I do hope we pursue that. I don't know
what you envision, but I know we -- we had --
CHAIRPERSON MATTHEWS: Sounds like fun.
MR. SAMPSON: Anybody can do it.
COHMISSIONER CONSTANTINE: It's an amateur frisbee golf
thing when I was a kid, and I'll tell you, the kids turned out like
that for it.
COHMISSIONER HANCOCK: I saw a course at the University
of Central Florida, and it can be done in and among trees, and once
you set the stanchions, it's done. There's no maintenance. It's just
there. So it's -- it's pretty low cost, passive, i.e., Lake Avalon.
MR. DORRILL: We got that note.
COHMISSIONER CONSTANTINE: And I'll challenge anybody to
a game.
COHMISSIONER HANCOCK: You're on.
MR. SAMPSON: I mentioned -- Now, those -- I -- I had
thought that some people could sponsor holes too. If the county would
put it out for sponsorship, you sponsor this one tee, and you put a
little plaque up there for advertisement or whatever, maybe they would
pay to put that in.
COHMISSIONER HANCOCK: Sounds like a good idea.
CHAIRPERSON MATTHEWS: Okay.
MR. SAMPSON: I guess --
CHAIRPERSON MATTHEWS: Thank you very much.
MR. SAMPSON: Thanks.
CHAIRPERSON MATTHEWS: Good ideas. Mr. Olliff, you'll
follow up with it, I presume?
MR. OLLIFF: (Nodded head.)
Item #11A
USE OF CONFISCATED TRUST FUNDS FOR CRIHE PREVENTION PURPOSES - APPROVED
CHAIRPERSON MATTHEWS: Good. We have the sheriff here
with us now. Why don't we go back to item llA. It's a recommendation
to approve the use of confiscated trust funds for crime prevention
purposes.
COHMISSIONER MAC'KIE: Just while they're coming up, I
hope I'm preaching to the choir on this, but I have a son who was in
fourth grade last year, fifth grade this year, and that junior
deputies program is incredible. It's wonderful. CHAIRPERSON MATTHEWS: Is that a motion?
COHMISSIONER MAC'KIE: That was a motion to approve, but
I'll let them make their -- their presentation, but I couldn't be more
thrilled about whatever we can do for the junior deputies program.
It's just a great program.
MR. CARROLL: Thank you for that. My name is Ray
Carroll. My address is 2500 Airport Road South. I speak to you this
morning as one of the directors of the Collier County Junior Deputy
League, and I do appreciate your opening remarks. I was a junior
deputy and still kind of consider myself one today.
We're before you this morning requesting your
authorization to spend $100,000 from the confiscated trust funds
account, and the purpose of that is to act as seed money for the
acquisition of a 32-acre site. That would be a permanent site
facility for the junior deputies league to conduct its camping and
education program. I'm not going to take much of your time because I
know some of you do know the history, but I think it's important for
the record to understand that the junior deputies league is 35 years
old now, and every sheriff beginning with Sheriff Doug Hendry through
the present administration has supported that program.
The purpose of the junior deputies league is to foster
rapport between law enforcement and local youth, and it's been a
successful program. For many years when I was a boy there was leased
land out near where the Port of the Islands is that the sheriff's
department used as a camping site, and the outdoor activities were
conducted there. That worked well for many years. It worked
particularly well when the local youth were used to being way out in
the woods and thought it was a wonderful thing. The development of
Golden Gate Estates and the Port of the Island eliminated the use of
that facility. The junior deputies league has used other locations
from time to time with more or less success. Now, because the
community has changed and with the advent of co-ed participation in
1979, the program was modernized, and we recognized that we need to
change with the community. We need a permanent location, a facility
that's easy to get to so the parents could provide transportation.
It's safely located so that we can get to it from the hospital in the
-- in the eventuality that we need to do that, and it's also
centrally located to the community so that it serves everyone well,
and not least of our needs is a location inside the political
boundaries of Collier County that doesn't take the deputies who are
participating in the program away from their responsibilities should
there be an emergency that calls them away suddenly.
We spent a good deal of time looking for such a site,
and it wasn't easy, but we did finally settle on the Florida Sports
Park site because first and foremost there's an existing PUD there
that provides for the kind of uses, exactly the kind of uses that the
junior deputies league needs. So it was an easy, easy concept to mesh
in with a sports park PUD. The location is a good one. It's easy to
find. It's easy to get to and from. It's very convenient to the
whole community.
We -- We entered into a lengthy negotiations process
that involved the sports park as the seller, the junior deputies
league as the buyer, and the current mortgagee, Barnett Bank. We have
managed to structure an agreement that meets everyone's approval. The
$100,000 that we're requesting is seed money. The junior deputies
league has always depended upon private contributions and hard-working
volunteers to make its program work. That's still our plan, and we on
the board are committed to going to the public to raise the funds
necessary to see the program through. We don't think we're going to
have any problem with that when we count the number of people still
living here in Collier County who either were junior deputies, are
junior deputies, or have children in the program. We're committed to
this. We can't go forward without your assistance this morning. If
you have any questions that I can answer, I'll be glad to do so. The
sheriff is here, and I think we have some other representatives that
are -- that are here at your disposal.
CHAIRPERSON MATTHEWS: Commissioner Constantine.
COHMISSIONER CONSTANTINE: Mr. Carroll, I'm sure each of
us knows, but for the benefit of the public, perhaps you want to
explain what the confiscated trust fund is, where that comes from.
MR. CARROLL: I'll explain that to the best of my
ability. I can tell you right up front that I am not well versed in
that. I believe that whenever the sheriff or other participating law
enforcement agencies confiscate property that is part of a crime, that
that property is then sold at an auction, and those funds go into this
trust account and can be used for specific purposes such as crime
prevention. That's where we fall on the thing this morning, is crime
prevention.
CHAIRPERSON MATTHEWS: Is that a close enough
description, Sheriff Hunter?
SHERIFF HUNTER: That's good enough. That's a good
description.
CHAIRPERSON MATTHEWS: Okay.
COHMISSIONER CONSTANTINE: A very important point I
think is that it's not -- When you say, gosh, we're asking for help
here, we're -- this is money that the sheriff has gotten through
previous good work of his department and turning that around and
putting it to more good use, so compliments.
COHMISSIONER NORRIS: I'll second the motion made by
Commissioner Hac'Kie, by the way.
CHAIRPERSON MATTHEWS: Okay. We now have a motion and a
second. Commissioner Hancock.
COHMISSIONER HANCOCK: My question -- Right up your
alley, Mr. Carroll. Has the property been appraised?
MR. CARROLL: It has -- To my knowledge, it has not been
formally appraised.
COHMISSIONER HANCOCK: Okay.
MR. CARROLL: The group assumed that you or someone
would ask that question. The best answer I could give you this
morning is that, no, I have not made a formal appraisal. I would not
be standing before you here this morning if I was not confident that
the price was a fair one.
COHMISSIONER HANCOCK: Good enough.
CHAIRPERSON MATTHEWS: We have a motion and a second to
approve the use of funds from the confiscated trust fund. Is there
further discussion?
All those in favor please say aye.
Opposed?
There being none, motion passes 5-0.
SHERIFF HUNTER: Thank you very much.
CHAIRPERSON MATTHEWS: Thank you.
MS. CARROLL: Thank you for your support.
COHMISSIONER MAC'KIE: Thanks for your work.
COHMISSIONER HANCOCK: What's the age limit on junior
deputies because it sounds like fun?
MR. CARROLL: We haven't -- We haven't found an upper
limit on that yet.
SHERIFF HUNTER: But we're always looking for
volunteers, Commissioner Hancock.
COHMISSIONER MAC'KIE: Looks like you found one.
CHAIRPERSON MATTHEWS: I understand you might have one
that qualifies in five or six years.
COHMISSIONER HANCOCK: That's right. I've got a junior
deputy on the way, will be arriving sometime in April.
SHERIFF HUNTER: Is the board interested in retaining
this for the day?
CHAIRPERSON MATTHEWS: (Shaking head)
SHERIFF HUNTER: Thank you.
COHMISSIONER HANCOCK: I guess mine would be a junior,
junior deputy.
CHAIRPERSON MATTHEWS: A deputy in the making. Next item
on the agenda is item 13A(1), an appeal of a Growth Management Plan
interpretation. Miss Cacchione.
COHMISSIONER MAC'KIE: Are -- Are all of the necessary
parties here or '- MS. CACCHIONE: Mr. Quinnell is on his way. We -- We
called him about ten minutes ago, but he is coming from Marco.
CHAIRPERSON MATTHEWS: Okay. Well, let's '-
MS. CACCHIONE: If you want to wait --
CHAIRPERSON MATTHEWS: Why don't we take a break then
until he gets here. Let's try to reconvene in 15 minutes. That will
be ten minutes of.
(A short break was held.)
Item #13A1
APPEAL OF A GROWTH HANAGEHENT PLAN INTERPRETATION REGARDING THE HAXIHUH
RESIDENTIAL DENSITY WITHIN A MIXED USE ACTIVITY CENTER LOCATED ON MARCO
ISLAND WITHIN THE URBAN COASTAL FRINGE AREA SUBDISTRICT - DENIED
CHAIRPERSON MATTHEWS: Let's reconvene the Board of
County Commission meeting for October 3, 1995. Next item on the
agenda is the last item, 13A(1), an appeal of a Growth Management Plan
interpretation. Miss Cacchione.
MS. CACCHIONE: For the record, my name is Barbara
Cacchione with your comprehensive planning section. This is a formal
interpretation requested under section 1.66 of the Land Development
Code, and the request is to make a formal determination on the maximum
density within the activity centers.
Normally within the activity centers you're permitted a
density up to 16 units per acre, and those activity centers are
identified on the future land use map by red squares. There are
certain areas of the county, however, that are restricted in terms of
density. There's the coastal management area which is basically west
of U.S. 41, the urban coastal fringe area which Marco is within which
is capped at four units per acre. For these areas, the plan provides
for some exceptions. In the urban coastal fringe, the exceptions
provided are for commercial conversion outside of activity centers,
transfer of development rights, and affordable housing. Those are the
only three exceptions provided for in the language of the plan. In
the activity centers in the coastal management area, there is an
exception that you may exceed that four units per acre when you're in
an activity center. That particularlar -- Excuse me. That particular
language does not appear within the urban coastal fringe, however.
Therefore, staff's interpretation is that the density within the
activity centers on Marco Island for residential would be four units
per acre which is the cap on Marco in the urban coastal fringe. This
interpretation was rendered by staff as well in 1991. It was not
appealed at that time, but it was formally appealed through this
process.
The -- I did receive a letter which I handed out to you
just a few minutes ago from the vision planning committee signed by
the chairman, Harold Vann, and he supports the staff recommendation
and recommends that the commission denies the appeal. The petitioner
is here, and if you have any questions, I'd be happy to answer them.
CHAIRPERSON MATTHEWS: Questions? Commissioner Hancock.
COHMISSIONER HANCOCK: Just quickly, you gave three
examples in which the density can exceed what is allowed in the urban
coastal fringe area. Are you knowledgeable of any -- any fezones that
have occurred since the adoption of this plan that have increased the
density in the urban coastal fringe area beyond what is -- is
permitted?
MS. CACCHIONE: No. There have been none because it
would be -- it would be determined not to be consistent with the plan.
COHMISSIONER HANCOCK: Okay. So in your research you
didn't find anything of that nature?
MS. CACCHIONE: No. To my knowledge, there's only been
one which was the property that was actually down-zoned from the
zoning re-evaluation, and the exceptions provided there were
amendments that actually occurred after the original adoption of the
plan.
COHMISSIONER HANCOCK: Right. ERO is a whole different
animal. We're doing a straight compliance with the existing plan
here.
MS. CACCHIONE: That's correct.
COHMISSIONER HANCOCK: Okay.
CHAIRPERSON MATTHEWS: Commissioner Norris.
COHMISSIONER NORRIS: Miss Cacchione, we're not -- we're
not hearing a fezone position -- petition here today -- Excuse me.
This is merely to appeal the interpretation and nothing more?
MS. CACCHIONE: That's correct. It would be the
interpretation of the maximum density in those activity centers either
being four units per acre which is -- is staff's position or 16 units
per acre which is the petitioner's request. COHMISSIONER NORRIS: Thank you.
CHAIRPERSON MATTHEWS: Why don't we hear from the
petitioner.
MR. QUINNELL: For the record, my name is Art Quinnell,
and I represent several landowners as well as several real estate
people in the area. I wish to point out first that I think there's a
misinterpretation of what is allowable there today. If you did
nothing, no action whatsoever by the commission today, a person could
go there and build 26 units per acre. If it is rezoned, then the --
Marco falls under the cap of four. So if we try to fezone it for
RMF-16, then it would be -- fall under the coastal fringe which has a
zoning density of four. What we're asking for is RMF-16 which, in
effect, accounts or allows a down-zoning from 26 units per acre to 16.
I've looked at it being an engineer and surveyor --
Living on Marco for 28 years, I've looked at it from every standpoint
that I can look at it, from a standpoint of traffic, police service,
fire service, evacuation routes, water service, all of that, and
down-zoning the thing from 26 units per acre to 16 units per acre is
in the benefit, is -- you know, of public interest for the whole of
the island. To down -- To down-zone it to -- or put a cap on it of
four renders the lots virtually useless. They cannot be sold because
it's between a commercial and a private single-family residence area.
The RMF-16, again, would allow a real nice buffer
between the commercial and the single family, and I expected to have
three or four people here to tell you that, but because you-- the
program was jumped ahead, they were unable to make it, and as a
result, I'm only representing the owners of lots one through four
because the other owners are on their way, and they won't be here
until this afternoon.
So to -- In retrospect, in conclusion the property is
now zoned C-4 which is 26 units can be built right today. That would
pretty well preclude a -- ask you or to make a building such as a
motel or hotel be built there. Due to its proximity to other C-4
zoning and due to its being in the activity center, no residential
single-family units is foreseen. They just won't build it. They won't
buy it for that purpose.
Marco already has enough hotel, motel units. Their -- I
think their occupancy rating right now is about 70 percent at full
peak. So there's 30 percent that's not even used yet, and there's not
-- a lot of it that's not even built on yet.
This is one of the last -- probably the last two or
three pieces of property on Marco that can be zoned for RMF on the
water. There are others that are not on the water, but this is one of
the last ones on the water. The requested rezoning is actually a
down-zoning. It provides a better transition from the C-4 urban
activity center there to the single-family residential area which
borders it from C-4, RMF-16 to residential, RSF-3 and RSF-4. It's a
good transition. It does not increase the density over that allowable
in the law. It only comes -- Only the coastal fringe -- sort of an
overlay zoning is what caps it. That does not increase traffic
congestion over the 26 units per acre, and the object of FLUE I
believe is not to be applied to a particular parcel but, rather, a
whole area. So that this -- the -- That zoning -- That coastal
fringe-covered overlay, if you want to call it that, applies to the
property between U.S. -- 951, U.S. 41, and the coastal waters. It's
that chunk of land in there and, of course, outside the City of
Naples. That whole area is approximately 80 percent environmentally
sensitive lands or -- or, you know, building is just precluded. You
can't build there.
So this little piece of property or this coastal zoning
-- coastal fringe zoning is applied to a small piece of property
which only exists on Marco. It wouldn't apply anywhere else because
there's none there. It's all -- It's T-land or a good portion of it.
It does not apply to anything east of 951, only to west.
So I wish you would think seriously about it. I know
that -- I got a letter from the vision committee who says they re --
they do not want you to look at it in that sense. But to say -- and I
can quote right from the letter, a change in zoning that increases
population density and changes the use of property is not the best
interest of the residents of Marco. I disagree with that
wholeheartedly. It does not increase the density. It decreases it
over the 26 allowable right today. Now, in the interest of the people
on Marco Island, anything that is down-zoning helps or backs up is --
have to be in the public interest of Marco.
CHAIRPERSON MATTHEWS: Questions? Commissioner Norris.
COHMISSIONER NORRIS: For Miss Cacchione. The
petitioner has made a point of this C-4 zoning being suitable for 26
units per acre. Would you clear that up for us, please?
MS. CACCHIONE: The property is zoned C-4 intermediate
commercial, and it would permit a hotel, motel which could be
permitted at 26 units per acre, and that is correct.
COHMISSIONER NORRIS: That's not the same as 26
residential units though?
MS. CACCHIONE: In terms of intensity, it -- it sort of
depends on the different measures you're looking at, but it is a
different use than the multi-family.
CHAIRPERSON MATTHEWS: Okay. So -- So you're saying the
C-4, 26 units, but the petitioner is talking about --
MS. CACCHIONE: A hotel, motel.
CHAIRPERSON MATTHEWS: -- is hotel, motel use, not --
MS. CACCHIONE: That's correct.
CHAIRPERSON MATTHEWS: -- RHF-26.
MS. CACCHIONE: That's correct.
CHAIRPERSON MATTHEWS: Commissioner Hancock.
COHMISSIONER HANCOCK: Also the C-4 use contains uses
such as C-1 compatible. That's office, lower use commercial and so
forth that, in my opinion, is very compatible with the single-family
residential district behind it. So the idea that the only thing that
could be built there is the most intensive uses in C-4 and trying to
draw that as a comparison is not entirely accurate. In addition, Miss
Cacchione, if this appeal is successful, it then applies to all
activity centers in the urban coastal fringe area?
MS. CACCHIONE: That would be correct. It would be an
interpretation that would apply to the two activity centers on Marco
Island and the urban coastal fringe, and it would affect the parcel
across the street along Smokehouse Bay as well.
COHMISSIONER HANCOCK: We could allow 16 units per acre
residential in those activity centers, period.
MS. CACCHIONE: That's correct. What -- What I have
encouraged the petitioner to do is perhaps work with the vision
planning committee throughout the -- the adoption of the master plan
for Marco Island and the development of the new future land use map.
There may be different uses that could be appropriate on that property
and -- and I think that the plan currently does not provide for that
type of intensity, but that is something that we could look at through
this planning process that we're going through. It is not a
short-term solution. That would probably be a year before that's all
finalized but --
COHMISSIONER NORRIS: I couldn't agree more with you on
that -- that particular point because very little use in going through
a long-term planning process like the vision 2000 process and then
start to change zoning around or right in the middle of it. It's --
It's -- On a small area like this, it's not really in the best
interest of the community.
I think the petitioner made a point that this would be
one of the few areas where you could put in additional RMF zoning,
but, on the other hand too, this is one of the last areas on Marco
that has some commercial zoning that's not been developed. And as
Marco continues to go to buildout, of course, there's going to need to
be some commercial left over for service areas and service businesses
to handle the increased population as Marco grows so --
MS. CACCHIONE: That is part of our process. The
chamber of commerce on Marco is currently conducting such a survey of
the businesses to see the needs in the future as well.
CHAIRPERSON MATTHEWS: Commissioner Constantine.
COMMISSIONER CONSTANTINE: Mr. Quinnell, you indicated
you didn't think this property -- and correct me if I'm wrong. I'm
trying to grab back at something you said earlier. You didn't think
this property would be appropriate for single-family homes?
MR. QUINNELL: No. I represent three real state people,
you know, real estate organizations, and they have -- all three have
talked to me and told me they cannot sell the property as
single-family at all.
COMMISSIONER CONSTANTINE: That's because of the
surrounding commercial area --
MR. QUINNELL: Yes.
COMMISSIONER CONSTANTINE: -- and so on?
MR. QUINNELL: Yes.
COMMISSIONER CONSTANTINE: I guess the problem I have
then is trying to remain -- trying to stay consistent. If it's not
appropriate for people to live in a single-family home surrounded by
those types of properties, it's probably not appropriate for them to
live in apartments surrounded by those types of properties either.
MR. QUINNELL: I had three or four people who are
prospective buyers on their way here to speak to you too, but they
can't be here until this afternoon either, and they all three have
said that they would buy the property. If it was rezoned RMF-16, they
would.
COHHISSIONER NORRIS: Well, Mr. Quinnell, are you
telling us really you're going through this exercise in order to
speculate on this piece of property?
MR. QUINNELL: No, sir, it is not.
COHMISSIONER NORRIS: Is that what this is all about?
MR. QUINNELL: No, sir, I'm not. The property as a C-4
and an RHF-16 zoning are pretty much equal in value, but the C-4 is
not wanted. It is not marketable right now, and I doubt if it will
be. Of course, I've only lived on Marco for 28 years, but I've seen
businesses come and go, and there's a lot of them that are just barely
holding on there right now, and there's a lot of them going down the
drain every day and then new ones coming in. So the area of zoning
for C-4 of business-type areas is probably -- Well, it's not used up
at all at this point. There's -- There's not a value for it. There's
not a market for it.
No. I -- I -- I say, once again, I'm not doing this
just as a -- something to try to, you know, sell the property. It's
just that the owners want the RHF-16 as opposed to C-4 that's there
and I -- In my opinion, it will be beneficial to the people of Marco
as opposed to what's there right now.
CHAIRPERSON MATTHEWS: Commissioner Hancock.
COHMISSIONER HANCOCK: Miss Cacchione, what's the
maximum height of the C-4 zoning district?
MS. CACCHIONE: 100 feet.
COHMISSIONER HANCOCK: 100 feet. And RHF-16 is also
100; is that correct?
MS. CACCHIONE: That's correct.
COHMISSIONER HANCOCK: Okay. If you do go to
residential on the lots where they're hatched here, you're going to
have to go up considerably to get anything close to that density. I'm
looking at single-family homes across the waterway. How many C-4
properties do we have at 100 feet in this immediate area, at this
intersection?
MS. CACCHIONE: There are none.
COHMISSIONER HANCOCK: Okay. Thank you.
CHAIRPERSON MATTHEWS: Any other questions?
Mr. Dotrill, are there public speakers?
MR. DORRILL: I have one. Mr. Pettersen.
CHAIRPERSON MATTHEWS: Mr. Pettersen.
MR. BRADEEN: I'd like to approach the bench.
CHAIRPERSON MATTHEWS: Are you Mr. Pettersen?
MR. BRADEEN: No. I'm sorry.
CHAIRPERSON MATTHEWS: You need to fill out a slip and
submit it. Mr. Pettersen.
MR. PETTERSEN: Good morning. My name is -- for the
record, Kjell Pettersen, and I'm here as a member of the executive
committee and as an officer of Marco Island Civic Association, and I'm
also representing Fay Biles here this morning, the president of Marco
Island Taxpayers Association who had planned to be here, but she
received an urgent call to come to the bedside of her terminally,
seriously critically ill sister. I've also been asked to represent
the Marco Island advisory -- vision advisory committee, and we're
asking you not to grant the appeal of changing the density from four
units per acre within the urban -- urban coastal fringe area. The
appeal does not meet any of the exceptions provided for within the
area. We hope you will uphold the interpretation issued by the
planning services director that the maximum residential density within
the mixed use activity center within the urban coastal fringe area is
four acres -- four units, rather, per acre.
This action of Collier Boulevard is heavily traveled
with gridlock traffic in season. A multi-family unit would just add
more unnecessary traffic. Collier Boulevard is also a major
evacuation route for Marco Island's beach condos and hotels as well as
the south part of the island.
The most pressing request is that nothing be done at
this time on Marco Island when it's in the planning stages or its
master plan. The committee wants to study every vacant lot on Marco
to judge the future usage. Please do not grant this appeal, but leave
future options open to the master planning effort and within the
Deltona deed restrictions. You had a letter from Harold Vann --
that's what's mentioned here earlier -- the chairman of the vision
planning committee also asking not to grant the appeal.
So please accept the staff's decision on behalf of Marco
Island's future development and the entire membership of the Marco
Island Civic Association and the taxpayers association and what we
believe is the overwhelming majority of the people -- of the residents
on the Marco Island. Thank you.
CHAIRPERSON MATTHEWS: Thank you. Is there an
additional speaker, Mr. Dotrill?
MR. DORRILL: Mr. Bradeen.
MR. BRADEEN: My name Lynn Bradeen. I am also here
representing the Marco Island Civic Association and our 3,000 family
members. On November 8 of 19 -- or I beg your pardon -- October 30 of
1980, this subject property was given a special consideration, and the
zoning was changed to add additional uses. So it has already had one
consideration. The -- This whole request boils down to two or three
owners who cannot sell the property as it's zoned for the price they
want. They want to change it because that -- they think they can get
more money from -- for that. I know that. I have talked to Mr.
Quinnell about that as recently as yesterday. They have not come
forth with a presentation, a project, or anything. This is strictly
-- They're calling this a buffer zone. This whole thing is being
done so a couple individuals can get special legislative consideration
so they can profit from it. The MICA, Marco Island Civic
Associations, we also on October 30 of 1986 were empowered by the
courts of the State of Florida to administer the deed restrictions,
and regardless if this was changed, we still have the right to impose
our deed restrictions, and we fully intend to do that. If this zoning
was changed, it could possibly be a nightmare for a future owner
because we still are going to insist and if we have -- through
whatever means necessary that our deed restrictions are followed. So
any change would be a violation of our deed restrictions, and we will
not give up that right. We would pursue our rights in court.
Also, the fact that Marco Island residentially is less
than 50 percent completed, there's nobody can stand here today and say
what the future requirements are going to be for commercial space.
Commercial space at buildout will probably be extremely expensive and
extremely rare. So to change that at this point I think would be a --
really a large mistake, and I think we must keep in mind that this is
just another example of spot zoning which is contrary to the purpose
of the zoning or vision 2000, and I can't really imagine two and three
people sending representatives here to get something against the will
of the taxpayers association, the Marco Island Civic Association, vast
majority of the residents of Marco Island so they can profit
individually. Thank you very much.
CHAIRPERSON MATTHEWS: Thank you. Is that the final
speaker, Mr. Dotrill?
MR. DORRILL: Yes, ma'am.
CHAIRPERSON MATTHEWS: I will close the public hearing.
Commissioner Hancock.
MR. QUINNELL: Hay I offer rebuttal?
CHAIRPERSON MATTHEWS: You're the petitioner?
MR. QUINNELL: I'm the petitioner, the petitioner. I'd
offer rebuttal to that.
CHAIRPERSON MATTHEWS: If you have something new to
offer, yeah.
MR. QUINNELL: It's not new except that several
statements he made is wrong. They are not going to profit from this
-- the rezoning of this property. That's not the object of it at
all.
CHAIRPERSON MATTHEWS: Well, that's --
MR. QUINNELL: It's the object of getting -- to help
Marco Island get 16 units per acre as opposed to 26 which is what they
can get today.
CHAIRPERSON MATTHEWS: Okay.
MR. QUINNELL: In other words, if it's turned down, they
have bought 26 units per acre.
COHMISSIONER CONSTANTINE: And I appreciate that, but
the thing to keep in mind is, as current owner, if you decide to build
on the property -- and no one is forcing you to build 26 units -- you
could build 16 hotel units or build commercial units or -- I mean,
there are any number of options currently available. So I appreciate
that but --
MR. QUINNELL: Not residential.
COHMISSIONER CONSTANTINE: I appreciate that, but it's
not, you know, as though no other options exist.
CHAIRPERSON MATTHEWS: Mr. Quinnell, we don't permit
comments from the -- from the audience. You have to be on the
microphone when you -- when you make comments, but that's -- that's
okay. We're fine.
Mr. Weigel, I have closed the public hearing. This is an
appeal similar to an appeal that we have heard a couple of months ago,
and it's my understanding, if my memory serves from that appeal, that
the only way that we can deny staff's interpretation is with
substantial competent evidence?
MR. WEIGEL: That essentially is right. You're using
the appropriate language there. Your findings should be based upon
substantial competent evidence that a reasonable person would come to
accept, and Harjorie may want to --
MS. STUDENT: I'll -- I'll elaborate on --
COHMISSIONER HANCOCK: Actually, Harjorie, I don't -- I
don't think we need to elaborate.
MS. STUDENT: It's -- It's -- I think it's stated in the
staff report.
COHMISSIONER HANCOCK: Yeah.
CHAIRPERSON MATTHEWS: Yeah, it is.
COHMISSIONER HANCOCK: In the absence of competent
substantial evidence to overturn the interpretation that was issued by
the -- why is that term slipping my mind -- by the --
COHMISSIONER NORRIS: Planning services director.
COHMISSIONER HANCOCK: Yes -- the planning services
director, I'm going to make a motion to deny the appeal. COHMISSIONER CONSTANTINE: I'll second that.
CHAIRPERSON MATTHEWS: Commissioner Norris, did you have
discussion or comment or you just wanted to make the motion?
COHMISSIONER NORRIS: Well, the motion's already been
made, but that would be the same motion that I would make and -- and
it's already been seconded. So I will wait for the vote.
CHAIRPERSON MATTHEWS: Okay. We have a motion and a
second to deny the appeal of the Growth Management Plan
interpretation. Is there further discussion?
There being none, all those in favor please say aye.
Opposed?
There being no opposition, motion passes 5-0.
Item #14A
WORKING LUNCH SCHEDULED FOR NOVEHBER 7, 1995, WITH STATE REPRESENTATIVE
SAUNDERS TO DISCUSS THE UPCOMING LEGISLATIVE SESSION IN THE SPRING OF
1996 - DISCUSSED
We are at the communications point of our agenda.
Commissioner Norris, do you have anything?
COHMISSIONER NORRIS:
CHAIRPERSON MATTHEWS:
COHMISSIONER HANCOCK:
CHAIRPERSON MATTHEWS:
COHMISSIONER MAC'KIE:
CHAIRPERSON MATTHEWS:
Nothing today.
Commissioner Hancock?
No, ma'am.
Commissioner MAc'Kie?
No, ma'am.
Commissioner Constantine?
COHMISSIONER CONSTANTINE: Guilty.
CHAIRPERSON MATTHEWS: You have something.
COHMISSIONER MAC'KIE: Guilty. No. He's -- He's --
CHAIRPERSON MATTHEWS: You're just commenting guilty.
COHMISSIONER HANCOCK: By the way, those Terepins are no
longer undefeated I'm sorry to say.
CHAIRPERSON MATTHEWS: I heard, and I watched, and I was
disturbed, but you're right.
COHMISSIONER NORRIS: That was your Terepin update?
CHAIRPERSON MATTHEWS: Terepin update is 3-1.
COHMISSIONER HANCOCK: The sea life update, Terepins are
3-1, Dolphins are 4-0.
CHAIRPERSON MATTHEWS: I do have --
COHMISSIONER CONSTANTINE: The Crimson Tide also is 3-1.
CHAIRPERSON MATTHEWS: I have one item, and that was, I
believe last week or the week before we had discussed a meeting with
Representative Saunders in preparing for the legislative session
coming up this spring, and he is unable to make our workshop October
31. What we had discussed doing was to have another working lunch,
and this would be November the 7th, and, by gosh, he's even offered to
bring lunch.
COHMISSIONER HANCOCK: Sold.
COHMISSIONER NORRIS: Can't pass that up.
MS. FILSON: That's not what he told me.
CHAIRPERSON MATTHEWS: That's not what he told you?
MS. FILSON: He wanted to collect from everyone.
COHMISSIONER HANCOCK: What did he say?
CHAIRPERSON MATTHEWS: He said he wanted to collect from
everyone?
MS. FILSON: He wanted to collect from everyone and
order lunch.
COHMISSIONER CONSTANTINE: Well, then maybe I am opposed
to the idea.
MS. FILSON: And it's his birthday, so he wants a cake.
COHMISSIONER HANCOCK: So Representative Saunders is now
reneging on his -- No. I'm just --
COHMISSIONER CONSTANTINE: I think it's wonderful that
MR. DORRILL: I was going to be the first one to offer
to attend if he was buying.
COHMISSIONER CONSTANTINE: I think it's wonderful that
Commissioner Saunders has offered to purchase lunch, and with that in
mind --
COHMISSIONER MAC'KIE: Commissioner?
CHAIRPERSON MATTHEWS: Commissioner?
COHMISSIONER CONSTANTINE: I'm sorry. Old habits.
Representative Saunders has offered to buy lunch. With that in mind,
I'll be happy to attend.
CHAIRPERSON MATTHEWS: I'll -- I'll reclarify that with
him, but I -- I believe he had made that offer, but I'll find out, but
that's the -- that's where we are on this, is a working lunch to meet
with him and discuss the legislative session coming up this spring.
MS. FILSON: It's his birthday too.
CHAIRPERSON MATTHEWS:
COMMISSIONER MAC'KIE:
COMMISSIONER HANCOCK:
CHAIRPERSON MATTHEWS:
only item I --
COMMISSIONER MAC'KIE:
It's his birthday?
Get a cake.
Not buying him lunch.
Well, anyway, that -- that's the
Generous group here.
Item #14B
LETTER FROH GOVERNOR RE BRIEFING ON OCTOBER 9 REGARDING SURVIVING CUTS
OF FLORIDA'S CHALLENGE - DISCUSSED
CHAIRPERSON MATTHEWS: That's the only item that I have
for communication. Mr. Dorrill, do you have anything?
MR. DORRILL: I have two things. We received by express
mail Friday a notice from the governor's office that he and the
lieutenant governor have called what they're calling a federal funding
cut symposium for local officials and business leaders throughout the
state next Monday in Tallahassee. As I reviewed the information,
there are certain Medicaid-related issues that behoove us to be
briefed on but -- and actually had some pamphlets made, and I'll just
leave these with each of you. I don't know whether it would be worth
our while to have someone attend on our behalf. It is a morning
session, and apparently it is going to -- The briefing is going to be
made by the governor and the lieutenant governor. It's from 9:30 in
the morning and will conclude at noon.
COMMISSIONER CONSTANTINE: It's when and where?
CHAIRPERSON MATTHEWS: Monday. Tallahassee.
MR. DORRILL: It's this coming Monday, October the 9th.
It's called Surviving the Cuts, Florida's Challenge, and deals with a
host of proposed fiscal impacts that could affect state and local
government in the '96 federal fiscal year. The one in particular is
120 million projected in HHS program cuts that could involve Medicaid
as part of that and I just -- I wanted to provide you with the --
these brochures because it appeared that only our office received
these. They just -- It may be an important meeting. It's hard to
tell, but it's next Monday in Tallahassee.
Item #14C
MEMO FROM SUPERVISOR OF ELECTIONS MORGAN RE HER FIRST DRAW AS A
CONSTITUTIONAL OFFICER - DISCUSSED
MR. DORRILL: The other thing I had, I was given a copy right
before the start of the meeting today, and I don't know whether it's
necessary to discuss it here. Apparently because of the size of her
office, Mrs. Morgan has put in writing in accordance with the
provision of Florida Statutes a request to be acknowledged today for
her first draw as a constitutional officer, and the memo was addressed
to you, Ms. Matthews.
CHAIRPERSON MATTHEWS: I received one yesterday also
from the tax collector, Mr. Carlton, was a letter that came to me
marked personal, and I had asked Sue to forward it on to you.
MR. DORRILL: If you have any other of those, then I
will make sure that by the end of business today that we coordinate
with the finance department. I just -- I can't recalling us doing
this in the past, but I know in the case of Ms. Morgan's office, it's
important that she get her draw in order to meet whatever her first
cycle payroll is, and I told her, well, if the board had an
obligation, to notify the clerk. We'd do anything that we could to
help. If you have others, I'll handle those the same way.
CHAIRPERSON MATTHEWS: I have one more also from the tax
collector.
MR. DORRILL: I'll get them before we leave today, and
that's all that I have.
Item #14D
LDC MEETING SCHEDULED FOR 10/4/95 TO BE HELD 10/18/95
CHAIRPERSON MATTHEWS: And Mr. Weigel.
MR. WEIGEL: Thank you. In fact, in regard to Mr.
Carlton's request, that had been brought to our attention. So we'll be
sure that we coordinate with Neil on that too in response for any of
the constitutional officers.
For the record, 9B which was the sewer area B resolution
for refund, it authorized staff to do all things appropriate to see
that the refunds are done, and I just wanted the record to know that
there will be I've been informed a small budget amendment that will be
required to implement that, and I appreciate the record reflects that
as part of the approval of the resolution.
I'm very pleased to announce that Ramiro Manalich will
be the chief assistant county attorney for the county attorney office,
and let the word go out, and we'll be working in that regard.
Lastly, there is -- there had been a Land Development
Code hearing scheduled for tomorrow evening, and I was informed during
the course of our meeting today that the appropriate advertisement did
not make it through and in the Naples Daily News, so that it will be
-- We will be unable to have that hearing tomorrow evening at 5:05,
October 4.
MR. DORRILL: Doggone.
MR. WEIGEL: But the second hearing was originally
scheduled for October 18, and that will now become the first hearing,
and unless there is a conflict, the second hearing for the Land
Development Code matter would be scheduled for November 1st of '95
with the appropriate advertisements being accomplished. Thank you.
CHAIRPERSON MATTHEWS: Thank you. I believe we are
finished, Miss Filson?
MS. FILSON: Yes, ma'am.
CHAIRPERSON MATTHEWS: We're adjourned.
***** Commissioner Constantine moved, seconded by Commissioner Norris
and carried unanimously, that the following items under the
Consent Agenda be approve and/or adopted as follows:
Item #16A1
ACCEPTANCE OF REPLACEMENT MAINTENANCE SECURITY FOR THE INFRASTRUCTURE
WITHIN "EL CAMINO REAL"
Item #16A2
ACCEPTANCE OF THE FINAL PLAT OF "MAPLEWOOD, UNIT 2" - WITH STIPULATIONS
AND CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT
See Pages
Item #16A3a
RESOLUTION 95-558, RE COMPLIANCE SERVICES CASE NOS. 50322-017 AND
50313-059, OWNER OF RECORD LEONARD J. BURBI AND NICHOLAS KARALIS
See Pages
Item #16A3b
RESOLUTION 95-559, RE COMPLIANCE SERVICES CASE NO 50421-020, OWNER OF
RECORD LLOYD G. SHEEHAN
See Pages
Item #16A3c
RESOLUTION 95-560, RE COMPLIANCE SERVICES CASE NO 50501-057, OWNER OF
RECORD HIMON BARON
See Pages
Item #16A3d
RESOLUTION 95-561, RE COMPLIANCE SERVICES CASE NO 50510-048, OWNER OF
RECORD HERMAN J. MAURER, ET AL
See Pages
Item #16A3e
RESOLUTION 95-562, RE COMPLIANCE SERVICES CASE NO 50524-093, OWNER OF
RECORD THOMAS SANZALONE, ET UX
See Pages
Item #16A3f
RESOLUTION 95-563, RE COMPLIANCE SERVICES CASE NO 50608-069, OWNER OF
RECORD MARY JOHNSON
See Pages
Item #16A3g
RESOLUTION 95-564, RE COMPLIANCE SERVICES CASE NO 50621-016, OWNER OF
RECORD HARLENE AND CASIHIRO EQUIZABAL
See Pages
Item #16A3h - Deleted
Item #16A4
ACCEPTANCE OF WATER AND SEWER FACILITIES FOR VILLAGE WALK, PHASE II -
SUBJECT TO STIPULATIONS AS DETAILED IN THE EXECUTIVE SUMMARY
O.R. Book Pages
Item #16B1
CHANGE ORDER #1 IN THE AMOUNT OF $5,535 FOR BID NO. 95-2328 FOR
COUNTY-WIDE DITCH BANK CLEARING PROJECT - PHASE III CONTRACTED TO
MONROE TREE SERVICE
See Pages
Item #1682 - Continued to 10/10/95
Item #1683
BID #95-2434 FOR ONE 3-TON TRACKHOE - AWARDED TO FLORIDA CONTRACTOR
RENTAL OF NAPLES IN THE AMOUNT OF $28,616.88
Item #1684
BID #2398 , RE CHEMICALS FOR THE PUBLIC WORKS DIVISION - AWARDED TO
VARIOUS VENDORS AS INDICATED IN THE EXECUTIVE SUMMARY
Item #1685
RESOLUTION 95-565, AUTHORIZING THE ACQUISITION OF NON-EXCLUSIVE
TEMPORARY CONSTRUCTION EASEMENTS BY GIFT IN SUPPORT OF THE PROPOSED
IMPROVEMENTS WITHIN THE NAPLES PARK AREA DRAINAGE IMPROVEMENT MUNICIPAL
SERVICE BENEFIT UNIT PROJECT
See Pages
Item #1686
SATISFACTIONS OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND
PAYMENT OF SEWER IMPACT FEES FOR JOSE AND GERTRUDIS GUITARD, AND KENT
AND DIANE STANDISH
See Pages
Item #1687
CANCELLATION OF CLAIM OF LIEN FOR THE FLORIDA DEPARTMENT OF AGRICULTURE
AND CONSUMER SERVICES
See Pages
Item #1688
SATISFACTIONS OF CLAIH OF LIENS FOR CHARLES AND HICHELE EDDY, JEAN AND
MARIE JEANLOUIS, AND NAPLES MARBLE COMPANY, INC.
See Pages
Item #16B9
RESOLUTION 95-566, AUTHORIZING THE USE OF THE FLORIDA BOATING
IMPROVEMENT PROGRAM FUNDS FOR THE IMPROVEMENT OF BAYVIEW PARK PUBLIC
BOAT LAUNCH FACILITY
See Pages
Item #16B10 - Deleted
Item #16Bll
HIGHWAY LANDSCAPE AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION FOR THE IMHOKALEE BEAUTIFICATION M.S.T.U.
See Pages
Item #16B12
RESOLUTION 95-567, REQUESTING THE BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND TO ESTABLISH AN EROSION CONTROL LINE IN THE
VANDERBILT BEACH AREA, PARK SHORE AREA AND NAPLES BEACH AREA ALONG THE
COLLIER COUNTY SHORELINE
See Pages
Item #16B13
ADVANCE CONSTRUCTION AGREEMENT WITH THE DEVELOPER OF PELICAN MARSH PUD
FOR THE CONSTRUCTION OF VANDERBILT BEACH ROAD FOUR-LANING IMPROVEMENTS,
CIE PROJECT NO. 023 - WITH STIPULATIONS AS DETAILED IN THE EXECUTIVE
SUMMARY
See Pages
Item #16C1
INTERLOCAL AGREEMENT RE FUND SHARING FOR THE NAPLES PIER AND NAPLES
LANDING PARK PROJECTS
See Pages
Item #16D1
RFP #2423, GROUP BENEFITS INSURANCE BROKER - AWARDED TO WILLIS CORROON
CORPORATION FOR GROUP BENEFITS BROKERAGE SERVICES
Item #16D2
AGREEMENT BETWEEN BOARD OF COUNTY COHMISSIONERS AND THE FLORIDA
DEPARTMENT OF COHMUNITY AFFAIRS FOR THE REMOVAL OF THE EMERGENCY
OPERATIONS CENTER UNDERGROUND STORAGE TANK AND THE SUBSEQUENT
REPLACEMENT OF A NEW TANK OF COMPARABLE SIZE
See Pages
Item #16D3
BID #2424, ANNUAL AGREEMENTS FOR TITLE COMMITMENTS - AWARDED TO VARIOUS
VENDORS AS INDICATED IN THE EXECUTIVE SUMMARY
See Pages
Item #16D4
CONTRACT WITH THE MAINLLINE CORPORATION FOR THE PURCHASE OF AN
INTEGRATED SPECIAL ASSESSMENT MANAGEMENT (ISAM) SOFTWARE PACKAGE
See Pages
Item #16D5
WORK ORDER FOR THE SECOND PHASE OF A WORK ORDER FOR ARCHITECTURAL
SERVICES FOR THE EXPANSION OF THE TAX COLLECTOR'S OFFICE - IN THE
AMOUNT OF $18,800
See Pages
Item #16El
BUDGET AMENDMENTS 95-441 AND 95-566
Item #16E2
WORK ORDER E-AIP-94-8 WITH DUFRESNE-HENRY, INC. IN THE AMOUNT OF
$100,000.00 FOR AIRPORT CONSULTING SERVICES FOR THE PREPARATION OF A
TWENTY YEAR AIRPORT MASTER/PLAN FOR THE EVERGLADES AIRPARK
See Pages
Item #16E3
AUTHORIZATION FOR THE ADVERTISEMENT OF A NOTICE TO SCHEDULE A PUBLIC
HEARING TO CONSIDER ADOPTION OF A NEW AIRPORT AUTHORITY ORDINANCE THAT
REPLACES ORDINANCE 93-36
Item #16E4
WORK ORDER I-AIP-94-10 WITH DUFRESNE-HENRY, INC. IN THE AMOUNT OF
$92,677.00 FOR AIRPORT CONSULTING SERVICES FOR THE PREPARATION OF A
TWENTY YEAR AIRPORT MASTER PLAN FOR THE IMMOKALEE REGIONAL AIRPORT
See Pages
Item #16E5
CERTIFIED RESULTS OF THE MAIL BALLOT FOR THE SECOND GORDON RIVER BRIDGE
See Pages
Item #16G1
CERTIFICATES FOR CORRECTION TO THE TAX ROLLS AS PRESENTED BY THE
PROPERTY APPRAISER'S OFFICE
1987 REAL PROPERTY
425 9/8/95
1992 REAL PROPERTY
205 9/19/95
202 9/8/95
1993 REAL PROPERTY
225 9/8/95
181 9/8/95
Item #1662
HISCELLANEOUS 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:
Item #16H1
BUDGET AMENDHENT HOVING FUNDS WITHIN THE GENERAL FUND 001 FROH COST
CENTER 919010 TO COST CENTER 041010
Item #16H2
ADDITIONAL BOND PAYHENTS IN EXCESS OF THE CURRENT DEBT SERVICE AMOUNTS
FOR THE SERIES 1990 SEWER ASSESSMENT BONDS - IN THE AMOUNT OF
$560,000.00
There being no further business for the Good of the County, the
meeting was adjourned by Order of the Chair at 11:34 a.m.
BOARD OF COUNTY COHMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
CONTROL
ATTEST:
DWIGHT E. BROCK, CLERK
BETTYE J. MATTHEWS, CHAIRPERSON
These minutes approved by the Board on
as presented or as corrected
TRANSCRIPT PREPARED ON BEHALF OF DONOVAN COURT REPORTING
BY: Christine E. Whitfield, RPR