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BCC Minutes 06/03/1997 R REGULAR MEETING OF JUNE 3, 1997 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 9:03 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: ALSO PRESENT: CHAIRMAN: Timothy L. Hancock Timothy J. Constantine Pamela S. Hac'Kie Barbara B. Berry John C. Norris Hike HcNees, Interim County Hanager David C. Weigel, County Attorney Item #3 AGEND AND CONSENT AGENDA - APPROVED AND/OR ADOPTED WITH CHANGES CHAIRMAN HANCOCK: Good morning. I'm going to call to order the June 3rd, 1997 Board of County Commissioners meeting. We have Pastor Carl B. Orr of Golden Gate Presbyterian Church here this morning. It's our pleasure to have you here to do -- perform our invocation this morning. If I could ask everyone to please stand for the invocation followed by the Pledge of Allegiance. PASTOR ORR: As I read in the paper last night, I noticed that other commissioners are changing to a Tuesday morning. It sort of impacted me by the realization that you folks have been doing it. Others are catching on and joining in, and how we impact other communities and other counties. So as we have our prayer this morning, I do not want it to be just limited to our work here, but really, we are a large community and so we pray for one another, other county commissioners at their meetings this morning too. Oh, God, judge of all people, we lift up this body and other bodies of commissioners, their managers, their advisors. We invoke your divine presence and blessing upon their work as decision makers in our community. Grant to each commissioner the inner dignity and courage to make moral, ethical and financial decisions based upon honesty and integrity. Help them to say a firm no to wrongs. Help them to rise above social, ethnic and financial injustice and prejudices. Hay their actions bring confidence and credibility, not only to their individual leadership, but to the community that we love. Knowing how difficult working with people under stress can be, I pray for the gifts of wisdom and understanding and patience. Hake each of us a force for good, this day and each day. In Christ's name we pray. Amen. (The Pledge of Allegiance was recited in unison.) CHAIRMAN HANCOCK: Pastor Orr, thank you for taking the time to be with us this morning and thank you for your words and invocation. Good morning, Mr. HcNees. MR. HCNEES: Good morning, Mr. Chairman, commissioners. Hope you'll forgive me. I'm going to double the length of your agenda this morning. We have one item to add, which will become item 8(E)(2), regarding the extension of your cable television franchises, back to your discussion of a few weeks ago where you told us to go back to work on the cable ordinance, and we are wanting to extend the existing franchises pending that completion. The other is a continuance of a consent agenda item, item 16(A)(1), and I don't have a date certain -- oh, continued to June the 10th, continued for one week, item 16(A)(1). Those would be the only staff changes. CHAIRMAN HANCOCK: Okay. Commissioner Hac'Kie? COHMISSIONER HAC'KIE: No changes. Thank you. CHAIRMAN HANCOCK: Commissioner Norris? COHMISSIONER NORRIS: For the record, I'm abstaining on 16(A)(3). CHAIRMAN HANCOCK: Okay. Commissioner Berry? COHMISSIONER BERRY: Nothing. CHAIRMAN HANCOCK: Commissioner Constantine? COHMISSIONER CONSTANTINE: No changes. CHAIRMAN HANCOCK: And I have nothing either. COHHISSIONER CONSTANTINE: Mr. Chairman, I'd like to make a motion we approve the agenda and consent agenda as amended. COHMISSIONER NORRIS: Second. CHAIRMAN HANCOCK: signify by saying aye. Opposed? (No response) CHAIRMAN HANCOCK: minutes. Motion and second. All those in favor, Hotion carries unanimously, approval of Item #4 MINUTES OF REGULAR MEETING OF MAY 6, 1997 AND MAY 13, 1997 - APPROVED AS PRESENTED COMMISSIONER NORRIS: Mr. Chairman, I make a motion that we approve the minutes of the regular meeting, May 6th, 1997 and May 13th. COMMISSIONER BERRY: CHAIRMAN HANCOCK: signify by saying aye. Opposed? (No response) CHAIRMAN HANCOCK: Constantine. Second it. Motion and second. All those in favor, Seeing none. Proclamations. Commissioner Item #5A1 PROCLAivLATION DESIGNATING JUNE 2-8, 1997, AS JEWISH WAR VETERANS WEEK - ADOPTED COMMISSIONER CONSTANTINE: Mr. Chairman, I believe we have Herb Luntz with us this morning. Herb, come on up. How are you this morning, sir? MR. LUNTZ: Good morning, sir. Thank you. COMMISSIONER CONSTANTINE: If we can get you to face the wonderful people in television land. MR. LUNTZ: Thank you very much. COMMISSIONER CONSTANTINE: We have a proclamation proclaiming this week as Jewish War Veterans Week. And it reads as follows: WHEREAS, from Colonial times to the present, Jews have played an important role in the defense of the United States of America; and WHEREAS, in 1896, a group of Jewish Civil War veterans organized the Hebrew Union Veterans, an organization that was later to become the Jewish War Veterans of the USA; and WHEREAS, thousands of Jews have died in combat for their country and thousands more have been awarded combat medals for the performance of their duty in time of war. A study of Jewish participation in the military during World War II indicates very clearly that the Jews served in the Armed Forces beyond their numerical proportion to the general population, and they received more than 52,000 awards, including the Medal of Honor, the Air Medal, the Silver Star and the Purple Heart. More than 51,000 Jews were listed as casualties; 11,000 died in combat; and WHEREAS, today, the Jewish War Veterans of the USA combats anti-Semitism in -- in all its forms, carries on an extensive program committed to upholding America's democratic traditions, and fights bigotry, prejudice, injustice and discrimination of all kinds; and WHEREAS, the Jewish War Veterans assist veterans and their dependents through hospital rehab and veterans' service programs and maintains Veterans' Service Offices, staffed by professionals, in major cities throughout the country; and WHEREAS, the Jewish War Veterans of the USA represents a proud tradition as the oldest active veterans' organization in America. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of June 2nd through June 8th, 1997 be designated as Jewish War Veterans Week. Done and ordered this 3rd day of June, 1997. Mr. Chairman, I'd like to make a motion we approve this proclamation. COMMISSIONER MAC'KIE: Second. CHAIRMAN HANCOCK: We have a motion and a second. All those in favor, signify by saying aye. COMMISSIONER CONSTANTINE: Mr. Luntz, thank you very much. (Applause) COMMISSIONER NORRIS: Time's up. MR. LUNTZ: Mr. Chairman, members of the board, Mr. McNees, on behalf of Post 202, which is the local post of the Jewish War Veterans that I'm proud to be commander of, and the Southwest Florida Regional District, of which I happen to be commander, I thank you for the resolution. This is going to be hand carried to Fort Myers today because the State of Florida convention is being held this weekend up in Fort Myers, first one on the west coast. Thank you very much. CHAIRMAN HANCOCK: Thank you, Mr. Luntz. (Applause) Item #5C1 KEVIN HENDRICKS, REAL PROPERTY DEPARTMENT, SUPPORT SERVICES, DIVISION, RECOGNIZED AS EMPLOYEE OF THE MONTH FOR JUNE, 1997 CHAIRMAN HANCOCK: I have the distinct pleasure next, under presentations, to recognize the employee of the month for June 1997, which is Mr. Kevin Hendricks. Kevin, if I could ask you to come on up here so we can duly embarrass you, sir. If you'd be kind enough to come on all the way up to the front, turn around and face the camera. We get to read your accolades here before presenting you with the -- the plaque. Kevin represents the Real Property Management Department, most of which are here with us today, thank you, in all land value issues. He is responsible and provides project cost estimates and market analyses to client departments for proposed land acquisition projects. Kevin's also the "Web Coordinator" for Real Property, which I just had a request for that yesterday, so someone should be calling your office with -- with our web address, and is coordinating efforts with Information Technology and Community Development to provide a GIS (mapping) computer system for the benefit of the county. Kevin has originated five IDEAs, and that's an acronym for cost-saving measures to the county, within the last six months alone, and although the program no longer is being implemented, he continues to recommend improvements to better the county. He also contributes his time to help with community activities, such as the drive for food and needed supplies for the Shelter of Abused Women, and also with activities to help other county employees in need. Kevin has also served as the division representative to the Employee Advisory Committee and assisted in the establishment of Channel 54 (our local government channel). Kevin is not only a superior professional, but also an overall superior individual by assisting others in need. He continues to provide superior customer service and assistance in the improvement of government efficiency. Without any reservation, he was nominated and selected as employee of the month for June 1997. And I think in that summary, the word superior was used no fewer than ten times, Kevin, so congratulations. It's a pleasure this morning -- (Applause) CHAIRMAN HANCOCK: It's a pleasure to present you with a letter signed by me as the chairman expressing the Board's pride in honoring you as employee of the month, and a $50 check, which I'm sure you have some idea how it may be used, and a plaque suitable for proper hanging on your wall. Kevin, congratulations. MR. HENDRICKS: Thank you very much. (Applause) Item #BE1 RESOLUTION 97-263 RATIFYING AND APPROVING THE EXPENDITURE OF COUNTY FUNDS FOR SPECIFIC EXPENDITURES INCURRED IN THE RECRUITMENT PROCESS FOR THE POSITION OF COUNTY MANAGER, AS SERVING AS A VALID PUBLIC PURPOSE - ADOPTED CHAIRMAN HANCOCK: All right. Now we're on to the meat of the -- the meeting. Item 8(E)(1) under county manager, recommendation to approve resolution ratifying and approving the expenditure of county funds for cost incurred in the recruitment process. Mr. McNees. MR. MCNEES: Yes, sir, this item, you previously approved a budget amendment, the list of the items that you wanted spent -- or that you were approving to spend for recruitment and selection during the county manager search process. The finance department felt like that executive summary approval of budget amendment wasn't enough of an approval and they need you to declare by resolution that those expenditures actually were a public purpose, the ones that you have already spent and -- COMHISSIONER MAC'KIE: Motion approved. COMMISSIONER BERRY: Second it. CHAIRMAN HANCOCK: Motion and a second. Is there any discussion? All those in favor, signify by saying aye. Opposed? (No response) CHAIRMAN HANCOCK: Seeing none. I think it's important to note that -- that search process cost us, among few other things, $15,500. COMHISSIONER CONSTANTINE: As compared to -- CHAIRMAN HANCOCK: As compared to about a quarter of a million for a head hunter firm, if I'm not mistaken. COMHISSIONER NORRIS: Would it be that? CHAIRMAN HANCOCK: It can be if they go nationwide. COMHISSIONER NORRIS: Really? CHAIRMAN HANCOCK: There's no need to have a lengthy discussion on that. COMHISSIONER NORRIS: Which one should we choose? Item #8E2 RESOLUTION 97-264, 97-265, AND 97-266 RESPECTIVELY, AUTHORIZING THE EXECUTION OF EXTENSIONS FOR CABLE FRANCHISES FOR COLONY COHMUNICATIONS, INC., MARCO ISLAND CABLE, INC., AND TIME WARNER CABLE - ADOPTED CHAIRMAN HANCOCK: Anyway, item 8(E)(2), resolution extending cable franchises. COHMISSIONER CONSTANTINE: Reminds me of a time when I was a small boy -- COHMISSIONER HAC'KIE: Your record is safe, Commissioner Norris. CHAIRMAN HANCOCK: Yes, it is. COHMISSIONER HAC'KIE: It's 9:15. You're safe. CHAIRMAN HANCOCK: Nineteen. COHMISSIONER NORRIS: Nineteen. CHAIRMAN HANCOCK: Miss Herritt, come on up. COHMISSIONER NORRIS: So we have a motion -- COHMISSIONER CONSTANTINE: She's going to be doing the Robert Bird filibuster here in a minute. CHAIRMAN HANCOCK: This is, I believe, a request just to extend the existing contract until we can get a resolution on the full telecommunications ordinance that the board has debated in the past? MS. HERRITT: Not exactly. CHAIRMAN HANCOCK: Okay. I guess we need more -- more info. Go ahead. MS. HERRITT: Good morning. For the record, Jean Herritt, Office of Franchise Administration. As you are well aware, the franchise agreements with MediaOne under the name of Colony Communications, Incorporated and the agreement with Time Warner expire in the month of June. We had hoped to have agreements in place well before the expiration date of these franchises. However, the decision was made earlier this year to delay negotiations with these companies in order to first put a telecommunications ordinance in place. Since this has not occurred, staff felt it was necessary to immediately begin the process to renew these two franchise agreements following the appropriate procedures as set out in the present ordinance, 8890 as amended. That process has begun. The respective parties in good faith are talking, and we feel that negotiations can be accomplished very soon to the mutual satisfaction of all parties concerned. However, to be safe, and more importantly, to not jeopardize insurance coverage, MediaOne has asked us to take this step. We concurred, and at the same time, concluded that Time Warner should also be given the same courtesy. As you know, the situation with Marco Island is somewhat different and more complicated. The original franchise agreement which was effective in June '94 was declared null and void by the Court. However, the company has been operating on a stay issued as a result of the appeal of that decision. That original franchise agreement expires June 6. Although the company has submitted an application for a new franchise, the public hearing on that application will be held June 17, 11 days after the franchise agreement has expired. Therefore, we have included it in the request for a 60 day extension. We are also making every effort possible to treat all providers, present and future, alike. Staff recommends approval of these resolutions. CHAIRMAN HANCOCK: Commissioner Constantine? COMHISSIONER CONSTANTINE: Just a little frustrated with the delay, particularly that that direction didn't come from the board, and if we have different things that are pending with our land development code, we don't hold off all developments because something might change three or four months later, and so I'm -- I'm a little frustrated that staff took it upon themselves to delay dealing with any of the franchisors because we might have a new cable ordinance and -- and that's just not a good way to do business, and it seems to me, particularly with the Marco Island cable franchise, they've kind of been strung out and strung out because there might be different rules to play by and -- and in fairness to the public, if someone comes in when they submit something, they've done that in good faith under existing rules, and only government would say, well, those rules might be different six months from now, so you're going to have to wait and delay that, and I hope in the future you'll come to the board and ask if that's what we'd like to do instead of just assuming that on your own, because we -- we have that happen virtually every six months with our land development code where rules may change, but unless there's direction specifically from this board, we don't delay everything that's in the hopper in the meantime. CHAIRMAN HANCOCK: Well, the exception would be the architectural standards. When we -- COMMISSIONER CONSTANTINE: And this board gave specific direction though. CHAIRMAN HANCOCK: Yeah, that we were going to develop that though, although it hadn't been developed. The telecommunication ordinance isn't an exact parallel, but it's -- it's similar. The -- the one reason that I am supportive of the extension is the term of contract for these is extensive, so it's not as if we can come back this time next year and revisit it should we have an ordinance that applies in areas that currently don't apply. Your point's well taken. This board should have the benefit of discussion as to whether we want to extend or -- or ignore that. I don't disagree with that at all, but the terms of these contracts is a -- is unique in that they were, I think, ten years, a ten year term? MS. MERRITT: Pardon me? CHAIRMAN HANCOCK: The term of these contracts is typically ten years? MS. MERRITT: Well, some -- one -- some of the parts of the contract we have presently in place are 30 years old and we will be recommending a ten year franchise. COMHISSIONER CONSTANTINE: Well, had the Marco Island franchise been approved last year, it still would have expired, it's my understanding, with all these and still been up for renewal, but it would have allowed them to do some business in the meantime, and I'm not trying to -- they're just an example. I'm not for or against a Marco Island franchise. I'm just saying, that's not a good way for government to do business and say, well, something might be different next year, we don't want to approve the initial one this way and then have to try to tinker again in a year. COMMISSIONER MAC'KIE: I make a motion to approve the staff recommendation. MR. MCNEES: We do have one registered speaker. CHAIRMAN HANCOCK: Okay. Are there any other questions of staff at this point? COMMISSIONER CONSTANTINE: Is -- is there no concern from the rest of the board that our staff just acts that way without it ever coming to the board of commissioners? CHAIRMAN HANCOCK: Well, I think this is our opportunity to deny the extension and require a different direction, so I -- I think we -- COMMISSIONER CONSTANTINE: And I realize today we are. I'm saying for future reference, because six months ago, eight months ago, ten months ago, it wasn't happening that way. COMMISSIONER MAC'KIE: I -- I have some concern if that were a pattern, you know, that -- and I think you've registered that concern sufficiently. However, I also understand, the nature of these contracts, why that decision would be made, and frankly, it matches with what my recommendation would have been based on the length of these contracts. So I don't have a problem with this particular direction that -- that staff took. I think it's a good idea to bring that back and let the board have a formal policy direction on it in the future. COMMISSIONER NORRIS: And I can't disagree with that, but at the same time, Commissioner Constantine's point is that this is a policy decision -- COHMISSIONER HAC'KIE: Correct. COHMISSIONER NORRIS: -- that would be more appropriate by the board, and I can't disagree with that either. MR. HCNEES: Mr. Chairman, if I may, from the staff's point of view, what I'm understanding is, as we try to strike a balance between, in a case like this, what is protecting the public and granting a long-term franchise under -- under what are antiquated rules in this case that are certain to change and making sure that you're involved in the policy decision, we need to make sure we strike that balance more towards making sure you're -- you're informed of the issue and -- and make sure that we're acting consistent with your direction. I think what we're asking for you this morning is exactly that, let us extend under the old rules until we can have the new rules in place. CHAIRMAN HANCOCK: I think what you're asking for -- MR. HCNEES: So we -- we get your point and we won't -- CHAIRMAN HANCOCK: More of a Chinese menu of options to establish that policy direction before going to the extent of preparing the documents, is that really -- COHMISSIONER CONSTANTINE: Commissioner Norris boiled it down better than I did. It's just -- it's the idea -- this is a -- every -- everyone is absolutely correct, this is a large issue, this is an important issue, this is a long-term issue, and it's one that the policy should be set by the board, not arbitrarily by staff, and for eight or ten months, staff has decided the direction, and now it's gotten to us, and I'm just -- it's exactly as you said, it's a policy issue and the best I know, the Board of Commissioners are the ones that set policy. MR. HCNEES: We understand. CHAIRMAN HANCOCK: Okay. Let's go -- we do have a motion on the floor, but let's go to the public speaker. MR. HCNEES: Ken Fuchs. MR. FUCHS: Good morning. Thank you for the opportunity to speak with you today. Ken Fuchs, Colony Communications, doing business today as MediaOne. The primary purpose for coming to the podium this morning is to encourage the board to embrace Florida State Statute 166.046, which is the level playing field state statute, which, as Hiss Herritt may have been alluding to, is treating all of the applicants fairly, and I'd like for you to visit that if you would just for a moment. I -- our company truly believes that is a very important factor for consideration as we move forward through negotiations, as each company negotiates with the county, and as this very important matter comes before the board. Another note that I believe is important for you to be aware of is that the process for renewal is one which is spelled out very clearly, very succinctly and in great detail in the cable act. It is -- the details are many pages in length and each of the -- excuse me, each of the operators in Collier County, to the best of my knowledge, have notified the county in accordance with Florida -- with Federal Statutes 35 months ago, triggering the negotiation and renewal process for cable television renewal. Through that period, the county has experienced some personnel changes and some -- which affect, in some way, the relationship by and between the cable operators and the county, and to Miss Merritt's credit, she has -- her and her staff have really tried to put their arms around this -- this monster -- CHAIRMAN HANCOCK: Speeding train? HR. FUCHS: Pardon me? CHAIRMAN HANCOCK: Speeding train is the term I always use. MR. FUCHS: Yes, the speeding train, thank you, and quite frankly, have done an admirable job in that. Has everything been perfect from a timing perspective? No, but I believe we're at a point today, speaking on behalf of Colony Communications, doing business as MediaOne, where we are in -- having good solid communications with the county, could quite frankly, I believe, come to an agreement next week and be prepared to come before the board on the 17th for a speedy renewal process. That which we're speaking about is not rocket science. It is not foreign to those of us who -- who deal with these matters on a daily basis, but the 60 day extension is supported by this company as a good faith gesture to make sure that the Florida State Statute 166.146 is embraced by the county and that that be the underlying theme moving forward. We are supportive of competition. We are not afraid of competition. However, the level playing field statutes require equal and fair competition. That is what we are most concerned about. Thank you, sir. CHAIRMAN HANCOCK: Thank you, Hr. Fuchs, and I think the board has shown its concern and willingness to work with the industry by not adopting a telecommunications ordinance that appeared to have some -- some problems in it. I think this is probably our best effort of, rather than imposing a cumbersome ordinance on you without proper time, that's the result of this extension. So hopefully we can get all those things worked out in the interim and everyone will be fat and happy when it's all over. COMHISSIONER NORRIS: Second. CHAIRMAN HANCOCK: Motion and a second. Is there any further discussion on the motion? Seeing none. All those in favor, signify by saying aye. Opposed? (No response) CHAIRMAN HANCOCK: Motion carries unanimously. Thank you, Miss Merritt. Item #10A APPOINTMENT OF MEMBER TO THE UTILITY AUTHORITY - STAFF TO READVERTISE FOR POSITION AND REQUEST THAT APPLICANTS HAVE UTILITY EXPERIENCE AND BRING BACK WORDING OF ORDINANCE FOR REVIEW And we are -- next item, 10(A), appointment of member to the utility authority. COHMISSIONER CONSTANTINE: Mr. Chairman, there -- there's only one name here, and -- and Mr. Coletta's certainly a good community activist. My only question is, he lives in an area that has no utility service, and I'm wondering if it's appropriate that we have someone setting policy for our utility board that isn't serviced by either water or sewer. CHAIRMAN HANCOCK: Oddly enough, I'm not sure that's not a good idea, and I'll -- I'll tell you why. Shortly after the Twin Eagles project went through, some people in the Corkscrew area, that I was unaware of, were very unhappy that water and sewer were not going to be extended out that way. So, you know, someone who is in a bordering or adjacent area not receiving service may offer -- again, you know -- you know that committee's work better than I, but -- COHMISSIONER CONSTANTINE: I think the -- really the only thing -- the primary exercise of the utility committee is with the rate setting and those issues as opposed to -- and -- and I know on some of the franchise -- individual franchises other than the county where they can expand, I'm not -- maybe I'm mistaken, I'm not sure, a primary activity is whether or not we'll expand or do those things. I think rate regulation is the primary activity. CHAIRMAN HANCOCK: Point well made. Mr. Wallace, could you provide us any guidance on this -- are the rest of the members of this committee all customers of the district? MR. WALLACE: Yes, sir. For the record, Bleu Wallace. I'm the executive director of the Collier County Water and Waste Water Authority and the utility regulation manager. There's no -- there's no requirement for these individuals to be served by a -- a particular utility. We have -- there's one member on the authority now, Mr. Bennett, that lives in -- that does not live in any area that is served by utilities. There are two members on the authority from Marco Island that are served by Florida Water, formerly SSU. There -- there were two members of the Golden Gate community, one that was served by utilities and one that was not. So really that's not a prerequisite for them to set -- and be qualified to -- to set boundaries, to establish rates and to take those specific actions tied to the regulatory arena for these utilities. COHMISSIONER HAC'KIE: Motion to approve Mr. Coletta's appointment. CHAIRMAN HANCOCK: There's a motion on the floor. Is there a second? CHAIRMAN HANCOCK: I'm going -- I guess your -- your argument makes sense to me, Mr. Constantine, in that if Mr. Coletta had in -- on his resume, operation of the utility service in, you know -- you know, in Upper State New York or something to bring to the table outside of the rate payers that are -- are in that area, I would be compelled to second your motion, Commissioner Hac'Kie, but, again, that really being the bailiwick of probably you and Commissioner Berryws district more than -- than mine, Iwm going to -- Iwm going to trust your judgment on that. Without -- without a proper motion and second -- COMMISSIONER MACwKIE: Youwve got a proper motion, just not a second. CHAIRMAN HANCOCK: Okay. Well, the two kind of go together. Wewve got to have both to move ahead. COMMISSIONER MACIKIE: I understand. CHAIRMAN HANCOCK: If there is not a second for the motion, the motion will fail. Iill ask the board to give direction to staff on the issue of readvertisement on this matter. COMMISSIONER MACIKIE: Are we going to change the criteria for the committee? CHAIRMAN HANCOCK: I think if welre going to make decisions on those bases, they -- they should be folded into the criteria. I donlt disagree with that. That will have to come back at a later time. COMMISSIONER MACIKIE: Iid like to suggest that. CHAIRMAN HANCOCK: Okay. COMMISSIONER CONSTANTINE: Maybe Commissioner Norris can help with this, but my recollection is this -- it really folded out of problems on Marco Island and Golden Gate with the private utilities specifically, and I donlt know how the current ordinance -- creating ordinance reads, enabling ordinance reads, but -- COMMISSIONER NORRIS: I think that we could probably, and Mr. Wallace you may want to help on this one, but perhaps we could put into the application process some request, maybe not an iron clad requirement, but some sort of a request that -- or a preference that the candidates or applicants have some utility experience or some other executive experience in finance or something like that, because thatls really what welre dealing with is -- is finance and utility matters. MR. WALLACE: Yes, the -- the ordinance does require that the authority be made up of three technical members -- COMMISSIONER NORRIS: Uh-huh. MR. WALLACE: -- and two lay persons. This particular vacancy is for a layman, and they should have some knowledge of business, accounting -- COMMISSIONER NORRIS: Is that spelled out in the ordinance -- MR. WALLACE: Yes, sir. COMMISSIONER NORRIS: -- just to refresh me? Is that a -- is it -- is it spelled out as a preference or as a requirement or -- MR. WALLACE: Itls somewhat vague, to my knowledge. COMMISSIONER NORRIS: Perhaps we could do a little wordsmithing on it and clean it up a bit or -- or improve it a bit with -- with the stipulation that -- that that type of experience would be a preference. MR. WALLACE: Yes, sir. We can do that. COMMISSIONER NORRIS: And bring that back to the board? MR. WALLACE: Yes, sir. COMMISSIONER NORRIS: In the meantime, Miss Filson could readvertise. CHAIRMAN HANCOCK: Is that sufficient board direction to bring that back for -- for review and then to readvertise for the position, and letls -- letls summarize that statement, Mr. Wallace, in a letter to Mr. Coletta, what the board is asking for today. Item #10B RESOLUTION 97-267 APPOINTING CLIFFORD FLEGAL, JR. TO THE CODE ENFORCEMENT BOARD - ADOPTED Okay. Hove to the next item, to appoint a member to fulfill the remainder of a vacant term on the Collier County Code Enforcement Board North. I have a question before we get to this. The idea of the two code enforcement boards was to drop the backlog of cases. Where are we on that, Mr. Cautero? MR. CAUTERO: Vince Cautero, for the record. There's currently three or four cases pending for each cycle that comes up with the code enforcement boards. At this time, they don't see a need to meet more than once a month for each board. CHAIRMAN HANCOCK: At such time, and this is just my opinion, at such time that we feel like the caseload can be handled by one code enforcement board, I'd like to -- to go back to avoiding the duplication. We had a couple of cases that backed things up, and I think two boards are -- are not absolutely necessary. We can make -- we can have that discussion at a later time, but if you would kindly let me know when that backlog is -- is to a point that you think one -- one board can handle it -- COHMISSIONER NORRIS: Mr. Chairman, if I may, that's one side of the coin, and that's certainly a valid point. The other valid point would be that perhaps we could encourage more code enforcement cases to be filed -- COHMISSIONER HAC'KIE: Ditto. COHMISSIONER NORRIS: -- and that way, keep the -- both of these boards busy because -- CHAIRMAN HANCOCK: If they're busy. COHMISSIONER NORRIS: If they're busy, fine, but, if it -- you know, if -- if there's a way, and Mr. Cautero you could help us on this, if there's a way to -- or in your opinion, if -- if perhaps you think we could -- we can actually file more cases, that would help us in our decision here. MR. CAUTERO: Two things to say. First, I believe the board did give direction when you appointed the second code enforcement board to bring back a report within one year, and I believe that time frame is in the fall and we -- we certainly would follow with that board direction. Second thing to note is that when a notice of violation and order to correct that violation is issued, which is -- they're issued every day by a number of code enforcement investigators, the time frame between that notice of violation and the actual hearing is sometimes 30 to 45 days, depending on advertising requirements by law, a lot of violations are abated, and one of the things that I keep track of is the percentage of the abatement time between the actual notice of violation to the board, and I believe that's why you don't have a lot of cases going to the Code Enforcement Board. In all candor, the cases that go to the Code Enforcement Board are ones where the owner is absent or we cannot get cooperation or they refuse to cooperate and they want to have their day in court. That's when you really get to the board. A lot of this stuff is done behind the scenes. CHAIRMAN HANCOCK: Okay. I'll just wait for the report at one year then. Commissioner Constantine? COHMISSIONER CONSTANTINE: I -- I was just gonna throw in, there is no guarantee when we will or won't have other big cases that may slow things down and -- and just the nature of what the county does, from time to time we may have that, and at least we'll have the opportunity to still keep moving and not get mired down when that happens. CHAIRMAN HANCOCK: If we weren't -- if we weren't subject to additional legal costs due to the existence of a second board, then I -- I would just leave it alone, but again, just looking at the cost versus the need, but we can do that at the one year time frame. Thank you. COMMISSIONER NORRIS: Mr. Chairman, I'll nominate Mr. Flegal. CHAIRMAN HANCOCK: I did want to ask, do we have, on that particular board, any other realtors that are represented? I don't know the makeup of the -- MS. FILSON: Charlie Andrews, but he's a retired realtor. CHAIRMAN HANCOCK: So Charlie's going off? COMMISSIONER MAC'KIE: No, he is a retired realtor. CHAIRMAN HANCOCK: Retired realtor. Okay. All right. That's fine. Mr. Flegal has a strong resume. Are there any other suggestions or questions? COMMISSIONER CONSTANTINE: I'll second the motion. CHAIRMAN HANCOCK: Motion and second. Any discussion on the motion? All those in favor, signify by saying aye. Opposed? (No response) CHAIRMAN HANCOCK: None. Okay. That is it. We are to public comment on general topics. Any registered speakers? MR. MCNEES: No, sir. Item #15A COUNTY ATTORNEY REQUESTING TRAVEL EXPENSES FOR HIM AND JUDGE BROUSSEAU TO GO TO WILLIAMSBURG, VIRGINIA TO LOOK AT THEIR IT SYSTEM FOR COURT HEARINGS - COUNTY ATTORNEY ONLY AUTHORIZED TO TRAVEL TO WILLIAMSBURG, VIRGINIA, CONSISTENT WITH COUNTY POLICY CHAIRMAN HANCOCK: Seeing none. Advertised public hearings, nothing. We are to staff communications. Mr. Weigel? MR. WEIGEL: Yes, one -- one thing of interest to our office is that the county attorney is working with the Collier County judiciary who's working with the whole circuit concerning upgrading inefficiencies with the courtroom and attorney offices, prosecution, defense matters. It's all I.T. or computer related, as well as court reporting related, and there is a, I think a desire and -- and a genuine need, if we were to go forward and be a part of seeking efficiencies with the county attorney in the court -- in the courthouse here locally to work with Judge Brousseau and his I.T. committee to travel to -- to Williamsburg, Virginia, where they have a full state of the art courtroom and integrated facility in operation for the -- for the county there. Any travel that I would do outside of the state requires board approval. My budget, county attorney budget under business travel does have the funds. I would expect that very possibly Judge Brousseau would also be a part of this travel and I would be looking for you today, if you find this of -- approvable, to approve my travel or a person in my office in my stead and potentially a member of this local judiciary I.T. committee, which I expect would be Judge Brousseau, to travel to Williamsburg during the month of June. CHAIRMAN HANCOCK: Mr. Weigel, sometimes when we talk state of the art, it translates into expensive and fancy. We do have a courtroom problem over there, according to Mr. Middlebrook, and so forth. Is the focus of this trip such -- an idea that -- that with increased technology we can reduce either caseload, time spent? I mean, help me understand what the -- the goal is of this fact-finding mission. MR. WEIGEL: Sure. It won't reduce caseload because the caseload is the caseload. However, this is there is a possibility of a reduction of efficiencies within the courtroom, efficiencies between attorney offices and the courtroom where we get into the filing and -- CHAIRMAN HANCOCK: You meant increase of efficiency in the courtroom? MR. WEIGEL: What did I say? CHAIRMAN HANCOCK: If we're going to reduce efficiencies, then you're definitely not going. You said a reduction of efficiencies. MR. WEIGEL: Pardon me. Excuse me. Thank you. At any rate, part -- part of this concept is -- is related to even our office in regard to the filing and transmittal of hearings via computer as opposed to going and sitting in a courtroom waiting for hearings to occur and things of that nature, so it is a bit of a long term thing to evolve, but some of these -- some of these practices and procedures are in fact in operation in Williamsburg, which is considered the model for the country in this regard. CHAIRMAN HANCOCK: Commissioner Mac'Kie? COMMISSIONER MAC'KIE: Just a question to -- I want to be sure I understood. Judge Brousseau would be traveling under the judiciary budget, not under the county attorney office budget? MR. WEIGEL: No. In fact, the judiciary doesn't have a budget for this, and the idea would be potentially Brousseau to -- Judge Brousseau to travel under -- COMHISSIONER MAC'KIE: I don't think I can support that. I think it has to be in his budget, that's my vote. COMHISSIONER NORRIS: I -- I kind of have to agree. I'll tell you why. It seems to me that if he's not a county employee, which he's not -- COMHISSIONER MAC'KIE: Right. COMMISSIONER NORRIS: -- then it would be the same as the county paying the expenses for any other citizen, and I'm not sure that that would be appropriate. COMMISSIONER MAC'KIE: I bet we can privately fund raise some -- you know, something like that for him to be able to -- CHAIRMAN HANCOCK: Or he can pick up the phone and call Judge Reese and ask for an appropriation. I mean, you know, we're not talking a lot of money here, but I think there is a -- a protocol question that individuals under the employment of the State of Florida traveling under county expenditures, on the surface, is just inappropriate. Regardless -- I mean, there is some merit here, but I think, Mr. Weigel, between you and I.T., the merit to the county can be established. I don't think -- you know, that information can be brought back and Judge Brousseau can review it, but I -- I have to agree, Commissioner Mac'Kie. I think that's a good point. I just don't think it's appropriate for a state employee to travel under county dollars. MR. MCNEES: Just to be clear, some of the operating budgets of the judiciary are supplied by the county commission and they do travel on their own budgets with county funds. The only reason I know that is because all those travel requests come through the county manager's office, just to be clear. COMMISSIONER MAC'KIE: But it's out of their own budget. MR. MCNEES: But it's out of their budget, not out of -- COMMISSIONER MAC'KIE: Yeah, we know we give them money every year. CHAIRMAN HANCOCK: Well, then, much like we do, if he doesn't have the money in his budget to travel, he either finds it from another judge, another area or he doesn't go, and that's -- that's how we operate. I would expect him to operate the same way. COMHISSIONER NORRIS: Take it out of his Leadership Florida funds. COMMISSIONER CONSTANTINE: You beat me to the joke. CHAIRMAN HANCOCK: Speaking of which -- no, we'll get to that at another time. I think it's proper, Mr. Weigel, to authorize your travel for that purpose as requested, and I will ask for the board to do that by way of motion. I'll make the motion to authorize the expenditure for the travel you've outlined for yourself. COMMISSIONER MAC'KIE: Up to some dollar amount? CHAIRMAN HANCOCK: Well, there's a -- there's a -- it's already somewhat listed in our -- our human resources as far as how you -- you know, what's qualified expenditures and what's not, so it will be consistent with county policy. I mean, that's -- COMMISSIONER MAC'KIE: I see. CHAIRMAN HANCOCK: We don't need to put a dollar amount on it now because we don't know what the airfares are going to be and so forth. COMMISSIONER MAC'KIE: So moved. COMMISSIONER NORRIS: Seconded you want? COMMISSIONER MAC'KIE: Oh, did you make the motion? CHAIRMAN HANCOCK: I made it in the form of a motion. COMMISSIONER MAC'KIE: I'm sorry. Second. I thought you were asking for a motion. CHAIRMAN HANCOCK: Motion and second. COMMISSIONER CONSTANTINE: What's the motion? CHAIRMAN HANCOCK: Just to authorize expenditure in accordance with county policy for Mr. Weigel to attend -- to go up to Virginia to take a look at this system and see if it can be transplanted here for the benefit of -- I restated it better than I said it the first time -- for the benefit of Collier County. MR. WEIGEL: I appreciate that, and it's not a done deal, of course, that I would go even with this approval, but in the discussions that have been had with Judge Brousseau and the committee that is organized toward this, we know that a time factor is drawing -- it looks like June would be the month where this would occur if it were to occur, so I appreciate that, and it's -- it's within our budget. We have the money. CHAIRMAN HANCOCK: Okay. We have a motion and a second. Is there discussion on the motion? Seeing none. All those in favor, signify by saying aye. Opposed? (No response) CHAIRMAN HANCOCK: Point of order, that came under staff communication. I don't believe a motion is appropriate in that context. MR. WEIGEL: It works the same way for -- CHAIRMAN HANCOCK: Okay. Consider it board authorization. Okay. Mr. McNees? MR. MCNEES: No, sir. CHAIRMAN HANCOCK: Good answer. Commissioner Mac'Kie? COMMISSIONER MAC'KIE: Nothing. CHAIRMAN HANCOCK: Commissioner Norris? COMMISSIONER NORRIS: Nothing. CHAIRMAN HANCOCK: Commissioner Berry? COMMISSIONER BERRY: Nothing. CHAIRMAN HANCOCK: Commissioner Constantine? COMMISSIONER CONSTANTINE: No, sir. CHAIRMAN HANCOCK: Nothing from me. Miss Filson, may we go? Thank you. ***** Commissioner Constantine moved, seconded by Commissioner Norris and carried unanimously, with the exception of Agenda Item #16A3, which carried 4/0 (Commissioner Norris abstained), that the following items under the Consent Agenda be approved and/or adopted with changes: Item #16A1 - Continued to June 10, 1997 Item #16A2 RESOLUTION 97-259 GRANTING FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "WALDEN SHORES" Item #16A3 APPROVAL FOR RECORDING THE FINAL PLAT OF PELICAN STRAND - WITH CONSTRUCTION AND MAINTENANCE AGREEMENT LETTER OF CREDIT AND STIPULATION Item #16B1 BID #97-2651 AWARDED TO PANTROPICS POWER PRODUCTS IN THE A_MOUNT OF $60,801.00 FOR THE PURCHASE OF TWO PORTABLE GENERATORS FOR THE COUNTY WATER SEWER DISTRICT Item #1682 BUDGET AMENDMENT TO PAY VINEYARDS DEVELOPMENT CORPORATION FOR PINE RIDGE ROAD MEDIAN MAINTENANCE IN THE A_MOUNT OF $37,000.00 Item #1683 ROAD IMPACT FEE TO BE REFUNDED IN THE A_MOUNT OF $70,785.96 TO BONITA BAY GOLF COURSE Item #1684 RESOLUTION 97-260 AND DECLARATION OF EASEMENTS CONCERNING THE COLLIER COUNTY ANIMAL CONTROL SITE LOCATED ON AIRPORT ROAD Item #1685 APPROVAL OF CHANGE ORDER NO. 5, IN THE A_MOUNT OF $41,293.31, INCREASING THE EXISTING PURCHASE ORDER WITH AGNOLI, BARBER AND BRUNDAGE, INC. TO COMPLETE ASSESSMENT, ENGINEERING AND CONSTRUCTION INSPECTION SERVICES FOR THE NAPLES PARK DRAINAGE IMPROVEMENT PROJECT Item #16C1 GRANT FROM THE STATE OF FLORIDA TO PROVIDE LUNCHES FOR IHMOKALEE AND NAPLES SUHMER RECREATION PARTICIPANTS Item #16D1 SATISFACTIONS OF NOTICES OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATERAND/OR SEWER SYSTEM IMPACT FEES Item #16D2 SATISFACTIONS OF CLAIM OF LIENS FOR SEWER SYSTEM IMPACT FEES Item #16D3 RESOLUTION 97-261 APPROVING THE SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS Item #16D4 BOARD EXAMINATION AND APPROVAL OF SUFFICIENCY BONDS OF COUNTY OFFICERS Item #16D5 APPROVAL OF THE WAIVER OF TIPPING FEES FOR THE CLEANUP OF SALT ALLEY IN GOLDEN GATE AREA OF COLLIER COUNTY Item #16El AWARD BID #97-2667, FOR ANNUAL BEDDING PLANTS, TO H. H. BUCKLEY IN THE A_MOUNT OF $18,500.00 Item #16E2 WORK AUTHORIZATION UNDER THE PELICAN BAY SERVICES DIVISION'S CURRENT PROFESSIONAL ENGINEERING AGREEMENT WITH WILSON, MILLER, BARTON & PEEK, IN AN A_MOUNT NOT TO EXCEED $5,000, TO PREPARE THE PRELIMINARY AND FINAL ASSESSMENT ROLL FOR THE NON-AD VALOREH ASSESSMENTS FOR BEAUTIFICATION OF RECREATIONAL FACILITIES AND MEDIAN AREAS, AND MAINTENANCE OF CONSERVATION OR PRESERVE AREAS, U.S. 41 BERHS, STREET SIGNAGE REPLACEMENTS WITHIN THE MEDIAN AREAS AND LANDSCAPING IMPROVEMENTS TO U.S. 41 ENTRANCES, ALL WITHIN THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT Item #16F1 RESOLUTION 97-262 EXTENDING THE LANDFILL CITIZENS ADVISORY COHMITTEE THROUGH DECEMBER 31, 1997 Item #16G1 MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED The following miscellaneous correspondence as presented by the Board of County Commissioners has been directed to the various departments as indicated: Item #16H1 BOARD OF COUNTY COHMISSIONERS ENDORSEHENT OF THE COLLIER COUNTY SHERIFF'S OFFICE GRANT APPLICATION FOR CONTINUING FUNDING FOR THE STATE OF FLORIDA, DEPARTMENT OF COHMUNITY AFFAIR'S ANTI-DRUG ACT FORMULA GRANT PROGRAM Item #16H2 BOARD OF COUNTY COHMISSIONERS ENDORSEHENT OF THE COLLIER COUNTY SHERIFF'S OFFICE GRANT APPLICATION FOR FUNDING FOR THE STATE OF FLORIDA, DEPARTMENT OF COHMUNITY AFFAIR'S ANTI-DRUG ACT FORMULA GRANT PROGRAM Item #1611 RECOHMENDATION TO REJECT A DEMAND FOR JUDGHENT IN THE LITIGATION CASE VICTOR A. VALDES V. COLLIER COUNTY, COLLIER COUNTY SHERIFF'S OFFICE AND DON HUNTER, CASE NO. 96-122-CIV-FTH-99D, UNITED STATES FEDERAL DISTRICT COURT CASE There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 9:41 a.m. BOARD OF COUNTY COHMISSIONERS ATTEST: DWIGHT E. BROCK, CLERK TIMOTHY L. HANCOCK, CHAIRMAN These minutes approved by the Board on as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING BY: Heather L. Casassa