BCC Minutes 10/06/1998 RTRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COHMISSIONERS
Naples, Florida, October 6, 1998
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 9:00 a.m. in REGULAR SESSION in Building
"F" of the Government Complex, East Naples, Florida, with the
following members present:
CHAIRPERSON:
Barbara B. Berry
Pamela S. Hac'Kie
John C. Norris
Timothy J. Constantine
Timothy L. Hancock
ALSO PRESENT: Hichael A. HcNees, Assistant County Hanager
David Weigel, County Attorney
Item #3
AGENDA, CONSENT AGENDAAND SUMMARY AGENDA - APPROVED AND/OR ADOPTED
WITH CHANGES
CHAIRPERSON BERRY: Good morning. I'd like to call to order the
Tuesday, October 6th meeting of the Collier County Board of
Commissioners. We're pleased to have with us this morning the
Reverend Bruce Ingles from the Moorings Presbyterian Church. If you
would please rise for the invocation, remain standing for the Pledge
of Allegiance.
Reverend Ingles?
REVEREND INGLES: Let us pray. Gracious God, in you we find our
source of hope and promise. Hope and promise seems so fragile today,
and yet they are amazingly resilient.
We thank you for these good community leaders here who give of
their time, experience, expertise and imagination to give us as
citizens of Collier County the best choice and the best chance to live
out here, the best years of our lives.
Hay we challenge each other, encourage each other as government
leaders and as church and temple leaders to make a difference for more
people who are hungry and hurting and despairing. And may we be able
to say to each other, I'll meet you there, for that is a name you took
for yourself, I'll meet you there. Amen.
(The Pledge of Allegiance was recited in unison.)
CHAIRPERSON BERRY: Thank you, Reverend Ingles.
Mr. HcNees, do we have any changes to our agenda this morning?
MR. HcNEES: Yes. Good morning, Madam Chairman, commissioners.
We have three additions and one agenda note. We'd like to add item
8(B)(2). This is at staff's request to get some authorization for
funding of seagrass removal, something I'm sure you're all familiar
with.
We'd like to add, under item 10(C), a presentation by Mr.
Guggenheim from the Conservancy regarding support of Amendment 5.
That would be 10(C).
And we'd like to add an item to the consent agenda, which is item
16(A)(10), which is a routine approval of a plat recording, and that's
why we're adding that to the consent agenda today.
Our only other note is there's a consent agenda item number
16(C)(3) that has an incorrect signature block, and we want to note
for purposes of the record that there's an additional signature to be
added to that when it's placed into the official record. CHAIRPERSON BERRY: Okay.
MR. HcNEES: That would be the only changes.
CHAIRPERSON BERRY: All right. Commissioner Hac'Kie, any
changes?
COHMISSIONER NORRIS: Nothing today.
CHAIRPERSON BERRY: Commissioner --
COHMISSIONER HAC'KIE: Who are you?
CHAIRPERSON BERRY: -- Constantine?
COHMISSIONER CONSTANTINE: No changes.
CHAIRPERSON BERRY: Commissioner Hancock?
COHMISSIONER HANCOCK: At least you didn't call him Hancock.
No changes.
CHAIRPERSON BERRY: I have one --
COHMISSIONER CONSTANTINE: Not now that you have that
distinguishing feature.
CHAIRPERSON BERRY: I have one, and it's just to continue it for
one week; has to do with the imaging system that was requested on the
consent agenda, item (H)(1), if we could continue that for one week,
please.
COHMISSIONER HANCOCK: That's 16(H)(1)?
CHAIRPERSON BERRY: Yes, sir.
MR. HcNEES: That's correct.
COHMISSIONER CONSTANTINE: Madam Chairman, I'll make a motion we
approve the agenda and consent agenda as amended. COHMISSIONER NORRIS: Second.
CHAIRPERSON BERRY: We have a motion and a second.
All in favor?
Opposed?
(No response.)
CHAIRPERSON BERRY: Motion carries five-zero.
COHMISSIONER HANCOCK: Clarification. That did include the
summary agenda?
CHAIRPERSON BERRY: Yes.
COHMISSIONER CONSTANTINE: Yes.
And just a quick comment, I'm going to have to leave you folks at
about quarter of 10:00 today. I have a funeral I need to attend at
10:00, so -- I know we have a fairly short agenda, we may be near the
end by then anyway.
Item #4A, 4B and 4C
MINUTES OF THE SEPTEMBER 8, 1998 REGULAR MEETING, SEPTEMBER 9, 1998
BUDGET MEETING AND SEPTEMBER 15, 1998 REGULAR MEETING - APPROVED AS
PRESENTED
CHAIRPERSON BERRY: Okay, do I have a motion for minutes?
COHMISSIONER HANCOCK: Motion to approve the minutes -- the
September 8 regular meeting, September 9 budget meeting and September
15 regular meeting, all of 1998.
COMMISSIONER MAC'KIE: Second.
CHAIRPERSON BERRY: We have a motion and a second for the
approval of the previously listed minutes.
All in favor?
Opposed?
(No response.)
CHAIRPERSON BERRY: Motion carries five-zero.
Item #5A1
PROCLAMATION PROCLAIMING THE WEEK OF OCTOBER 4-10, 1998 AS NATIONAL 4-H
WEEK - ADOPTED
Our first proclamation, Commissioner Hac'Kie?
COMMISSIONER HAC'KIE: I am happy to get to read a proclamation
proclaiming National 4-H Week, and I'd like to ask Officers Ryan
Carlson and Stacy -- is it Sobota -- Sobota to come forward. Come all
the way up here, if you would, please, and just face the audience
while I read the proclamation.
WHEREAS, the goal of 4-H is to provide educational opportunities
for the youth and adult volunteers 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 received state and national recognition;
and
WHEREAS, the Board of County Commissioners of Collier County
feels that this 4-H program contributes to the overall development of
our youth and strengthens our communities; 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; and
WHEREAS, 4-H forms partnerships and collaborates with other youth
serving agencies to reach a wide and diverse audience.
NOW THEREFORE, be it proclaimed by the Board of County
Commissioners of Collier County, Florida that October 4th through 10,
1998 be designated as National 4-H Week, and urge all citizens of
Collier County to join this board in giving appropriate recognition to
the achievements of the 4-H clubs of Collier County.
Done and ordered this 6th day of October, 1998, Board of County
Commissioners, Collier County, Florida, Barbara B. Berry, Chairman.
And I'm pleased to move acceptance of this proclamation.
COMMISSIONER NORRIS: Second.
CHAIRPERSON BERRY: We have a motion and a second. All in favor?
Opposed?
(No response.)
CHAIRPERSON BERRY: Motion carries five-zero.
(Applause.)
MR. CARLSON: I'm Ryan Carlson, president of the county council
-- 4-H county council and a member of the 4-H Club. I've been 4-H for
nine years.
MR. SOBOTA: I'm Stacy Sobota, treasurer of the 4-H county
council, and I am a member of the Naples Livestock 4-H Club. I've
been in 4-H for four years.
MR. CARLSON: On behalf of the 4-H Club members, we thank the
commission, county administrators and personnel, our volunteer
leaders, parents, our extension agents, civic clubs and businesses and
schools for your time, support and commitment.
Throughout the past year, approximately 3,000 boys and girls,
ages five to 18, and their families throughout the county from all
sorts of backgrounds have had many learning experiences through
participation in traditional 4-H clubs, special interest groups,
camps, workshops, school enrichment and leadership programs. Over 300
adults volunteered their time to make these opportunities possible.
4-H emphasizes practical skills, public speaking, recordkeeping
and practical knowledge in animal science, citizenship and leadership,
health and science, environmental sciences, plant science and
mechanical science.
Community service is an important part of 4-H. Last year 4-H'ers
served the community through beach cleanups, helping needy families,
visiting nursing homes, planting flowers and painting cabins at 4-H
camp.
This year we'll be participating in a state-wide project to help
feed the hungry. Clubs will be gleaning fields, holding food drives
and giving out holiday baskets.
4-H youth are an important resource, and we have much to
contribute, and we welcome the opportunity to do so.
MR. SOBOTA: 4-H teens build leadership skills by participating
in county, district and state councils, officer's training, counselor
training, the Know-Your-County Government program, 4-H legislature,
which will be held in Tallahassee; 4-H Congress will be held at the
University of Florida, and National 4-H Congress, which is in Atlanta
this year.
Two Collier County teens earn the opportunity to represent
Florida in National 4-H Congress next month. In addition, a Collier
4-H'er was elected -- was selected as one of five teens to represent
Florida at the national 4-H conference to be held in Washington D.C.
this spring.
Collier teens receive state-wide recognition in competition this
summer in career exploration, food nutrition, animal science,
recordkeeping, health, waste management, companion animals and media
arts.
4-H teaches us how to work together as groups, making decisions,
fulfilling responsibilities, and enjoying positive friendships.
4-H clubs are recognizing (sic) this fall, thanks to our adult
volunteer advisors. 4-H projects are also being conducted in
classrooms and in collaboration with other youth-serving agencies.
We invite the citizens of Collier County to join us in making a
positive difference. Again, thank you for your support.
We would like to give each of you a 4-H pocket calendar.
COHMISSIONER HAC'KIE: That is nice. Thank you.
CHAIRPERSON BERRY: Great. I'm always looking for a calendar
that goes beyond the current year, and now we've got one that goes to
2001.
COHMISSIONER HAC'KIE: Scary.
CHAIRPERSON BERRY: So thank you very much. Oh, my. That's how
you age quickly on paper here.
Anyway, thank you very much, both of you, and also, Ms. Denning,
for being down here this morning as well. And I'm sure there are some
others. If there are others that are here that would like to be
introduced, we're certainly more than happy to do that. But we thank
you for coming here this morning.
Item #5A2
PROCLAMATION PROCLAIMING OCTBER 24, 1998 AS HAKE A DIFFERENCE DAY IN
NAPLES, FLORIDA - ADOPTED
Okay, we'll go on to our next proclamation, Commissioner
Norris.
COHMISSIONER NORRIS: Thank you, Madam Chairman. Let me ask Peter
Hewitt and Allen Lang to come forward this morning, please. Thank
you, gentleman. Just face the cameras back there. Okay.
The proclamation reads:
WHEREAS, serious social problems concern our nation and threaten
its future; and
WHEREAS, connecting with others and working together through
volunteer service can bridge the differences that separate people and
help solve serious social problems; and
WHEREAS, we, the American people, have a tradition of
philanthropy and volunteerism; and
WHEREAS, more than a million self-sacrificing individuals touched
and enhanced the lives of millions on the seventh annual day of doing
good, by giving where there was a need, rebuilding what had been torn
down, teaching where there was a desire to learn, and inspiring those
who had lost hope; and
WHEREAS, U.S.A. Weekend and The Points of Light Foundation and
its volunteer centers have joined to promote an annual national day of
doing good that celebrates and strengthens the spirit of volunteer
service; and
WHEREAS, volunteer service is an investment in the future we all
must share; and
WHEREAS, the Naples Area Board of Realtors and Association of
Real Estate Professionals, NABOR, have joined with the community
foundation of Collier County and its program, Realtors Make a
Difference, to encourage the real estate community to raise funds to
build a Habitat For Humanity house in Collier County.
NOW THEREFORE, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that October 24th, 1998 be
designated as Make a Difference Day in Naples, Florida; and urge our
fellow citizens to observe this day by connecting with friends, fellow
employees and relatives and with religious, school and civic groups to
engage in projects benefitting their community.
AND FURTHERMORE, we acknowledge NABOR and the community
foundation of Collier County for co-sponsoring Realtors Make a
Difference, inspired by Make a Difference Day, and we urge the real
estate community to participate in helping to build a Habitat house
for a deserving family.
Done and ordered this 6th day of October, 1998 by the Board of
County Commissioners of Collier County, Florida.
And Madam Chairman, I'd like to make a motion that we accept this
proclamation.
COHMISSIONER HANCOCK: Second.
COHMISSIONER HAC'KIE: Second.
CHAIRPERSON BERRY: We have a motion and a second. All in favor?
Opposed?
(No response.)
CHAIRPERSON BERRY: Motion carries five-zero.
(Applause.)
MR. HEWITT: My name is Peter Hewitt. I was going to say
something, but actually, the proclamation really says it all. This is
the first time the real estate community has gotten together for a
project like this. And as it says in this brochure, realtors make a
difference, gives the real estate profession in Naples the opportunity
to give something back to the community in a very simple, direct and
much needed way.
What better way for a profession which generates its income from
the building, buying and selling of homes to say thank you than to be
a partner with Habitat For Humanity and enable a deserving family to
be a homeowner.
And we thank you for your support. It just adds to the community
support. We thank you very much.
CHAIRPERSON BERRY: Thank you. We appreciate this.
MR. LANG: My name is Allen Lang. I'm the chairman of the
development committee for Habitat for Humanity here in Collier County.
And as a recipient of all this generosity, I just wanted to say thank
you to everyone.
CHAIRPERSON BERRY: Thank you.
Item #5A3
PROCLA/vLATION RECOGNIZING THOSE WHO ASSISTED WITH EMERGENCY OPERATIONS
DURING HURRICANE "GEORGES" - ADOPTED
Our next proclamation, Commissioner Hancock?
COMMISSIONER HANCOCK: We were rather fortunate when Hurricane
Georges came through that we prepared for the worst and were much
relieved to see that the worst did not occur here.
But a lot of things did happen that I think the general public is
not aware of, and I'd like to call Mr. Ken Pineau forward so I can
read this proclamation, and Mr. Pineau's face can become known to
those whose television was out during the hurricane. The proclamation reads as follows:
WHEREAS, the National Hurricane Center recognized the danger to
Collier County residents by placing the county under hurricane
warning; and
WHEREAS, the general public and other response organizations were
kept informed of the status of this potentially dangerous hurricane;
and
WHEREAS, the Cities of Marco Island, Naples and Everglades City
activated their emergency plans in concert with Collier County; and
WHEREAS, the Collier County Sheriff's Office, the City of Naples
Police and Emergency Services, the Florida Highway Patrol and the fire
districts assisted residents in evacuation from the threatened areas;
and
WHEREAS, the Collier County public schools transportation, Good
Wheels and the Collier County Emergency Services provided
transportation to shelters and a return home after the threat had
passed; and
WHEREAS, the Collier County public schools, American Red Cross,
Collier County Health Department, Collier County Medical Society,
Hospice, Collier County Emergency Medical Services and the Collier
County Sheriff's Office provided excellent support to over 280 special
needs residents of the two special needs shelters, and 2,900
shelterees at the six general shelters for a two-day period; and
WHEREAS, county, state and municipal public works crews insured
that evacuation routes were cleared of fallen trees and other debris;
and
WHEREAS, information hotline volunteers worked around the clock
to provide vital information to our citizens and guests; and
WHEREAS, Collier County Facilities Management and Parks and
Recreation Department personnel provided excellent support to the
emergency operation center and the emergency worker's shelter; and
WHEREAS, domestic animal services established a shelter for
domestic animals within the community; and
WHEREAS, 18 emergency support functions within the emergency
operation center provided around-the-clock support in coordinating our
actions, as well as possible unmet needs with the municipalities,
other counties and the state emergency operation center; and
WHEREAS, all local broadcast and print media, including WSGL-FM
and our good friend, Carl Loveday, provided continuous updates from
the Emergency Operations Center to all residents and guests.
NOW THEREFORE, be it proclaimed by the Board of County
Administrators of Collier County, Florida, that Tuesday, October 6th,
1998, be designated as Emergency Response Team Appreciation Day for
their untiring work September 23rd through 26th, 1998 in response to
Hurricane Georges.
Done and ordered this 6th day of October, Barbara B. Berry,
Chairman.
Madam Chairman, I move acceptance of this proclamation.
COMMISSIONER CONSTANTINE: Iwll second it if we can underline the
words good friend.
COMMISSIONER MACTKIE: Okay.
CHAIRPERSON BERRY: We have a motion and a second.
All in favor?
Opposed?
(No response.)
CHAIRPERSON BERRY: Motion carries five-zero. (Applause.)
COMMISSIONER NORRIS: Mr. McNees, do you think we could make sure
that Mr. Loveday gets a copy of the proclamation sent to him?
MR. McNEES: We certainly will.
COMMISSIONER NORRIS: Thank you.
MR. PINEAU: Thank you, commissioners, for letting me accept this
proclamation on behalf of the several hundred people from not only the
public but the private sector who came together as a cohesive team in
response to Hurricane Georges.
Looking back over the past two weeks, I think I probably had the
easiest job of all, and I want to thank you very much for this
proclamation. Thank you.
COMMISSIONER HANCOCK: Your humility is appreciated, but not
accepted, Mr. Pineau.
CHAIRPERSON BERRY: ITd just like to say, this was the first time
since, thank goodness, being on the commission that weTve had an event
such as this at least get this close to us, and I was really -- I
canTt tell you what a pleasant surprise, and I was overjoyed to see
how this whole thing works. It is absolutely incredible.
And I can say for people out there, you have no idea what goes on
and how well these people do their job. And you can rest assured, when
they tell you that something is going on and they make a suggestion,
youTd better listen to them.
And weTre very, very fortunate to have people such as Ken Pineau,
Gary Arnold and all of the department people who spent hours and so
much of their time, and people that are working for the county that
are out there doing their jobs to go ahead and aid this particular
group of people that are really down there looking and watching and
calling the shots. ItTs remarkable.
And you can rest assured, I am extremely pleased, and it was
wonderful to watch everything that you did, Ken, you and the staff
down there.
COMMISSIONER HANCOCK: Madam Chair, if I may, I think we also
want to -- many times weTre accused of, or governmentTs accused of,
not learning from its mistakes. You may remember the South Florida
Water Management District during Andrew was accused of not opening the
gates --
CHAIRPERSON BERRY: Right.
COMMISSIONER HANCOCK: -- early enough. If anybody driving up
Airport Road had that concern, ITve never seen water that low in
Collier County anywhere in my life. So Clarence Tears of the Big
Cypress Basin, South Florida Water Management District, ITm sure --
CHAIRPERSON BERRY: Those gates were open.
COMMISSIONER HANCOCK: -- ITm sure being urged by our own public
works department really did a good job. Everything seemed to be
coordinated well.
And as much as we give credit to Mr. Pineau, this is also the
first hurricane for our new county administrator in this county --
CHAIRPERSON BERRY: That's right.
COMMISSIONER HANCOCK: -- and I thought he performed very
admirably and did a good job, as did his staff.
So all around good exercise for the most part, but let's not let
our guard down, should another occurrence like this happen. I'm a
little concerned people will feel that well, it didn't hit us last
time, it won't next time. That just means we're due, so let's be
careful with that.
COMMISSIONER CONSTANTINE: Well, the fact is we're --
CHAIRPERSON BERRY: Just consider it a real blessing that that
storm didn't make a straight shot up from the Keys and come up here
and get us. It could just as well have, as veering off out over the
Gulf, which we're pleased to have happened, but it could have been a
lot worse. And I'm glad we were ready. So I thank everybody involved
for that. It was very reassuring.
Item #5A4
PROCLAMATION PROCLAIMING OCTOBER 5, 1998, AS MENTAL ILLNESS AWARENESS
DAY - ADOPTED
Our next proclamation, Commissioner Constantine?
COMHISSIONER CONSTANTINE: Kathryn Hunter, from the Alliance for
the Mentally Ill, is with us today and she's here to accept a
proclamation, declaring October 5th, 1998 Mental Illness Awareness
Day.
The proclamation reads as follows:
WHEREAS, the National Alliance for the Mentally Ill has
proclaimed October 4 through 7 -- I'm sorry, 4 through 11, 1998 as
Mental Illness Awareness Week; and
WHEREAS, the Collier County affiliate, the Alliance for the
Mentally Ill of Collier County, more commonly known as AMI-CC, is a
member in good standing; and
WHEREAS, AMI of Collier County also wishes to proclaim October
4th through llth as Mental Illness Awareness Week; and
WHEREAS, AMI of Collier County also wishes to proclaim the month
of October as Mental Illness Awareness Month and wishes to proclaim
this day, Tuesday, October 6th, as Mental Illness Awareness Day; and
WHEREAS, AMI of Collier County is a family organization for
persons with brain disorders such as schizophrenia, bipolar disorder,
depression, ADD, ADHD, OCD; and
WHEREAS, AMI of Collier County hopes that in passing this
proclamation, we will raise public awareness about brain disorders and
reduce the stigma that is attached to these illnesses.
NOW THEREFORE, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that October 6th, 1998 be
designated as Mental Illness Awareness Day.
Done and ordered this 6th day of October, 1998, Board of County
Commissioners, Barbara B. Berry, Chairman.
Madam Chairman, I'd like to make a motion we approve this
proclamation.
COMMISSIONER MAC'KIE: Second.
CHAIRPERSON BERRY: We have a motion and a second.
All in favor?
Opposed?
(No response.)
CHAIRPERSON BERRY: Motion carries four-zero.
(Applause.)
MS. HUNTER: I wanted to say a few words. The National Alliance
for the Mentally Ill of Collier County has doubled its membership this
year, and we have reached out to hundreds of new families that are
affected by mental illness.
Ours is not a pretty or a popular cause but a very real one. In
fact, one in four families are directly affected by mental illness
such as schizophrenia, manic depression, major depression, attention
deficit disorder, obsessive/compulsive disorder, autism or Turret's
Syndrome. These illnesses affect more people than cancer and heart
disease combined.
We pledge to continue our fight for insurance parity and
assertive community treatment. We will continue to advocate for those
lost in the system and will not rest until our community mental health
system is at least comparable to other areas in the state, which it is
not now.
We thank you for your support and commend you for your awareness
of mental illness. And Mr. Trebilcock, my assistant, sends his
regards. He usually comes and speaks, and currently he is in a crisis
unit right now. He is not doing well.
But again, we will act and advocate for assertive community
treatments so we can head off this in the future. Thank you.
CHAIRPERSON BERRY: Thank you very much.
COHMISSIONER HAC'KIE: Thank you. Give him our best.
MS. HUNTER: We will.
Item #5B
EHPLOYEE SERVICE AWARDS - PRESENTED
CHAIRPERSON BERRY: At this time I would like to present some
service awards. We have individuals, four of them, this morning.
If we could have Travis Gossard come up, please, for five years.
(Applause.)
CHAIRPERSON BERRY:
(Applause.)
CHAIRPERSON BERRY:
(Applause.)
CHAIRPERSON BERRY: And last, but not least is Joseph Boscaglia
for 10 years in parks and recreation.
(Applause.)
We have Craig Hartinusen for five years.
Clyde Fugate, for 10 years.
Item #5C
JOE BOSCAGLIA, PARK RANGER, PARKS AND RECREATION DEPARTHENT, EHPLOYEE
OF THE MONTH FOR OCTOBER, 1998 - RECOGNIZED
CHAIRPERSON BERRY: We're going to ask Joe, when he finishes
being congratulated here, if he will just stay up here, and we'll sit
down, and we're going to talk about Joe for a minute.
COHMISSIONER CONSTANTINE: He's finally got it perfected.
CHAIRPERSON BERRY: After 10 years he is the Collier County
employee of the month for October.
Ranger Joe has been employed with Collier County since October of
1988. Eight of his 10 years of service has been in the park ranger
service.
Since becoming a park ranger, Joe has visited park sites over
7,000 times and has had personal contact with over 72,000 visitors.
Joe has presented 125 interpretive programs, and removed over
4,500 exotic plants and trees from our parks.
With the implementation of beach parking fees in 1995, Ranger Joe
has personally collected, without incident, over $535,000 from parking
meters, all while teaching and training others in collections,
maintenance of the meters and meter programming.
Ranger Joe always makes himself available to others in the
workplace to help out with their projects and assignments.
With an impressive 2,317 volunteer hours logged over the years,
most of his volunteer time has been spent in preparing and presenting
interpretive programs, helping others with assignments and teaching
other park rangers aspects of the job.
Ranger Joe is an integral part of the successful growth in the
service, as well as the Parks and Recreation Department in general.
On the anniversary of his tenth year of service to Collier
County, it is fitting that Ranger Joe be awarded the employee of the
month for October, 1998.
And to recognize this, Joe, we have certainly a letter here, but
most importantly, a $50 award, and also a plaque, which you may
display.
MR. BOSCAGLIA: Thank you very much.
CHAIRPERSON BERRY: And certainly our congratulations.
Item #7A
PAMELA BOGDAN, COUNTY COORDINATOR FOR SPECIAL OLYMPICS REQUESTING
FINANCIAL SUPPORT FOR A FULL-TIME COORDINATOR FOR THE SPECIAL OLYMPICS
PROGRAM - NO ACTION
Okay, moving on then, we do have a public petition this
morning. Pamela Bogdan, county coordinator for Special Olympics, is
here.
Pam, you understand about public petition, you have 10 minutes to
present your case? Okay, thank you.
There probably will not be any action taken this morning --
MS. BOGDAN: I understand.
CHAIRPERSON BERRY: -- but we're just going to listen. Okay.
MS. BOGDAN: Thank you.
CHAIRPERSON BERRY: You're welcome.
MS. BOGDAN: Good morning, my name is Pam Bogdan and I am the
county coordinator for Special Olympics, Florida, Collier County. The
video that you are about to see tells you what Special Olympics is all
about.
(At which time, a video was shown before the board.)
MS. BOGDAN: With determination, anyone can make their dreams
come true. Everyone is a winner in Special Olympics. Sorry.
We are here today to ask the county to provide an annual salary
for the Collier County position. By doing this, it will better enable
a year-round sports training and athletic competition program in our
county for the mentally handicapped children and adults.
Special Olympics and our county has suffered a great deal due to
the turnover of several coordinators in the past few years. Once
again, we are starting over. But this time we need to build a solid
foundation so that this does not ever happen again. This is why it's
so necessary to have a paid coordinator.
We are now providing sports training and competition on a
year-round basis for over 300 registered athletes in our county,
ranging from eight years old to 100, not to mention the demands that
continue to grow in our county each day.
Volunteers that are on my staff are putting in numerous hours,
and I am putting in 50 to 80 hours per week to meet these demands.
The only problem is that you have to know when to say how much
volunteer time is to be given.
Fifty hours a week does not leave time for someone in my case to
have a full-time job or go to school and raise a family, plus give
that many hours in volunteer time. Unfortunately, volunteer time does
not pay the bills. If I cut back on the volunteer hours and get a
full-time job, then the athletes in the program will suffer.
I feel that we are helping these very special children and adults
to be productive, future citizens in our community.
I have given you a packet which includes the funds that I've
requested, where they will go, and a county coordinator job
description.
I've also enclosed my resume to show you my qualifications.
Special Olympics, Florida state office, appoints and monitors each
county coordinator on an annual basis.
If you have any further questions, please feel free to contact me
at any time. I look forward to working with you and thank you for
consideration in this matter.
At this time, I would like to introduce Joanne Cellini, a member
of our steering committee, now known as our county management team.
MS. CELLINI: Hi. My name's Joanne Cellini. I'm a voting
resident of Collier County for 10 years, a mother of a Special Olympic
athlete, Rick McClain, past president of Friends of TAC, and a member
of the Special Olympic steering committee for nine years. Now, I'm
also at this time training 42 ballets for our winter sports.
Now, in these nine years there have been seven coordinators. We
no sooner get our sports program rolling and then bingo, it's too much
for them, too many hours, husband transferred, burn-out. We've had a
young stockbroker, an old stockbroker, a corporate secretary, two
people who owned their own business, one male, one female, young and
senior. One gal even lasted two weeks.
This is a full-time job. We need help in keeping the Special
Olympics of Collier County, Florida alive and healthy. We need a paid
coordinator. We have a crackerjack coordinator in Pam Bogdan, a
mother of three, one handicapped, educated and not afraid of putting
in hours. That's what we need.
Visiting other counties I often ask, how do they do it? And the
answer was salary, plain and simple.
We have over 300 registered athletes, and Collier County has been
super on support for our events. The Boy Scouts, St. John Neumann,
the churches, Joe Kliman, Jay Severson Corporate Gang, our Sheriff's
Department, the 5-K Runners. We couldn't ask for more people support
from Collier County. But we need a paid coordinator.
Now, let me leave you with a Special Olympic oath: Let me win,
but if I can't win, let me be brave in the attempt. Commissioners, be
brave, give us a paid coordinator. Thank you.
CHAIRPERSON BERRY: Thank you.
Commissioner Mac'Kie?
COHMISSIONER HAC'KIE: I'd just like to say, I think it's brave
of you to bring this forward in the face of the fact that there -- the
funding for all Social Service agencies, as you are well aware, was
cut by this commission, I guess what was it now, five or six years
ago?
COHMISSIONER NORRIS: Five years ago.
COHMISSIONER HAC'KIE: I'd like to suggest that we ask staff to
investigate your idea and at the same time to investigate what Social
Service funding might be appropriate for county government,
considering what governmental or quasi governmental functions are
performed by private agencies in this community.
I think yours is one, and I think there are probably others that
have -- that are providing services that need -- that are appropriate
for governmental funding because they provide governmental type
services. So I'd love to ask staff to look into what would be an
appropriate level of funding, if any, for these kinds of services
across the board.
COHMISSIONER HANCOCK: I'm not going to support that direction.
We made a very clear policy decision -- actually it was made before I
came on the board, but I supported it I think two budget years as it
was being phased out and support it today.
And it has nothing to do with the Special Olympics individually,
nor does it have to do with Project Help, nor does it have to do with
the St. Matthews House. It has to do with the fact that if I am
taking someone's tax dollars, which they have no choice in giving, if
I assess them a millage rate and they have no choice giving tax
dollars to county government, I then turn around and hand that money
to a not-for-profit, regardless of its purpose or cause, or how
valuable that purpose is, I am forcing someone who may or may not have
the money to give it to a charitable operation. I have a
philosophical problem with that.
I serve in a volunteer capacity on three different organizations.
I spend my time, my family's time, my personal funds. And I think
that's where charitable organizations come from, charity. But when
you put it on somebody's tax bill, it becomes forced giving, and I
can't support that.
Quasi governmental functions, such as mental health issues that
we fund through the David Lawrence Center, we are currently doing. We
are currently funding childhood immunizations, we are funding indigent
burials, we are funding basic health services for those that cannot
afford them. Hillions of dollars are spent in that arena already.
I don't think this board should go back on the slippery slope of
choosing which agencies should get money and which shouldn't, when in
fact if it were a perfect world, we'd like to see them all funded to
the fullest extent. But because that person who is writing their
check for their taxes has no say whatsoever in whether a
not-for-profit does or doesn't get that money, I think it's an
inappropriate function of government.
COHMISSIONER NORRIS: Well, I think the Special Olympics is a
great organization. It's something that should continue, and we hope
that it does.
Ironically, earlier in this meeting we had a proclamation that
honored some of the philanthropic organizations here in this
community. It would seem to me that there are so many generous people
who are interested that it really should be more a matter of education
or presentation to the proper parties, because to fund one's salary
doesn't seem to be a large amount of money from the private sector.
And that's the most appropriate place to get it from.
As was stated earlier, this board I believe five years ago made a
conscious decision to not fund the Social Service agencies. This one,
while as good a job as it does and everything, I can't see that
there's any government responsibility here at all, so I'm not
supportive of the direction requested either.
CHAIRPERSON BERRY: I would tend to agree. It's -- we -- the
commission has this policy, and I know as -- it seems like we're
uncaring and don't care. That's not the situation, because there are
so many groups out there, probably, that are in very similar
situations that you are in.
I would like to privately tell you of a couple of groups that
maybe you've already approached them, but they are private groups that
you might want to look into and ask if they could be beneficial in
helping you. I'd be more than -- and you probably know of them
already, but to just reinforce the idea. I'd be happy to share that
with you at another time.
But I think that would be certainly a possibility. And I really
think that's where the money ought to come from.
COHMISSIONER HAC'KIE: I agree, that that's the first choice is
for private funding. But what I -- the direction that I was hoping
we'd give Mr. Olliff's division is to look into -- or maybe the way
this should come is as a challenge to the Social Service agencies who
are providing services in Collier County, to make clear to this
elected body the nature of their services, because I think if we had a
better look, we could see that there are gaps being filled there that
could otherwise and would perhaps more appropriately be provided under
the Social Services department under Mr. Olliff's division of county
government, that in fact there are private enterprises providing
government or quasi governmental services.
And my challenge to the agencies is to paint that picture more
clearly so board members can see where there is an appropriate level
of governmental funding.
COMHISSIONER CONSTANTINE: Well, again, I disagree with you. I
don't think it's appropriate that public money tax dollars go to
private organizations, no matter how well intentioned. The -- it
becomes a very slippery slope.
And I think what we saw when the process started in the late
Eighties was -- I think it was St. Matthews House was the first who
came and did get some funding, and they came back the second year and
wanted double funding. And there were also a couple of additional
charities that came back that second year.
The third year there were about a dozen, and the board found
itself in the position of trying to sort out okay, who was
appropriate, who wasn't, and how much can we fund to each one. And it
really got to the point of what was each individual commissioner's pet
charity, which is certainly not the way it should be. COMHISSIONER MAC'KIE: No.
COMMISSIONER CONSTANTINE: This is very difficult for me, because
Special Olympics is near and dear to my heart. I do some work with
them. I was with them this weekend. But one of the things when we
made that policy five years ago that I committed to do, and I think is
a good idea for each board member to do, is go out there and rather
than give away 50,000 public tax dollars, is I go out there and raise
at least $10,000 a year on my own.
And if each of us do that, then charities still benefit the same
amount that they would, but it doesn't come out of the public trough.
And so I go out and I volunteer my time and I raise money every year
for a number of different charities, and I'm sure all of us do. But if
we start tallying that up, I think it can have the same impact that we
would otherwise, but we don't charge the taxpayer and we don't force
them to contribute.
CHAIRPERSON BERRY: Okay.
COMMISSIONER CONSTANTINE: And with that, I apologize, I do need
to go. I've got a funeral in about eight minutes.
CHAIRPERSON BERRY: Very good.
COMMISSIONER CONSTANTINE: Before I go, I have to quickly lobby
you, vote yes on 8(A)(2).
CHAIRPERSON BERRY: Oh.
COMMISSIONER MAC'KIE: That's a controversial item.
COMMISSIONER HANCOCK: Yeah. Good thing you said that, because
it was going down until he opened his mouth.
(At which time, Commissioner Constantine exited the boardroom.)
CHAIRPERSON BERRY: Okay, again, if either one of you would give
me a call, I'd be happy to talk with you about that.
Item #SA1
DALANDA MCCAULEY REQUESTING AN APPEAL OF DECLARATION OF PUBLIC NUISANCE
WEED ABATEMENT CODE ENFORCEMENT CASE NO. 70729-71 - PROPERTY OWNER TO
PAY LIENS AND INTEREST TO DATE
Moving on then to item 8(A)(1), this is Dalanda HcCauley. Is
she here? No, okay.
COMMISSIONER MAC'KIE: Since she's not here, need we have a staff
presentation, or could we just vote to --
MS. ARNOLD: Right, I'm not --
COHMISSIONER NORRIS: There's no one here representing Ms.
HcCauley?
MS. ARNOLD: No.
COHMISSIONER HAC'KIE: Because based on the information that we
have, which is the staff report, I'd be happy to move approval of
staff's position.
COHMISSIONER HANCOCK: Second.
CHAIRPERSON BERRY: Okay, we have a motion and a second to
approve the staff recommendation.
All in favor?
Opposed?
(No response.)
CHAIRPERSON BERRY: Motion carries four-zero. Thank you for your
brief presentation.
Item #8A2
SAMUEL CHIANCOLA, REPRESENTING THE SAINT ELIZABETH ANN SETON COUNCIL OF
THE KNIGHTS OF COLUMBUS, REQUESTING A WAIVER OF THE RIGHT-OF-WAY PERMIT
FEE FOR A PARADE TO BE HELD OCTOBER 10, 1998 IN GOLDEN GATE - APPROVED
The next item has to do with a waiver of a right-of-way permit
COHMISSIONER HANCOCK: Madam Chair, motion to approve --
COHMISSIONER HAC'KIE: Second.
COHMISSIONER HANCOCK: -- despite Commissioner Constantine's
support.
CHAIRPERSON BERRY: Okay, we have a motion and a second to
approve the waiver of the right-of-way permit fee for a parade to be
held in Golden Gate, sponsored by the Council of the Knights of
Columbus.
All in favor?
Opposed?
(No response.)
CHAIRPERSON BERRY: Motion carries four-zero.
Item #SB1
RESOLUTION 98-415/CWS-98-3, APPROVING THE FINAL APPLICATION FOR A STATE
REVOLVING LOAN FOR IMPROVEMENTS OF THE NORTH COUNTY WASTEWATER
TREATMENT FACILITY - ADOPTED
Item 8(B)(1), approval of a resolution for a state revolving
fund loan application for the North County Regional Wastewater
Treatment Facility expansion. Mr. Finn?
MR. FINN: Yes, ma'am, Edward Finn, public works operations
director. This is a fairly routine item, and --
COHMISSIONER NORRIS: Motion to approve it.
COMMISSIONER MAC'KIE: Second.
CHAIRPERSON BERRY: We have a motion and a second to approve item
-- just a moment, Commissioner Hancock, question.
COMMISSIONER HANCOCK: Mr. Finn, as I read through it, I thought
it was fairly straightforward, but any downside, pitfalls, loopholes,
problems, issues, that you have come across on this that we need to be
made aware of?
MR. FINN: No.
COMHISSIONER HANCOCK: Thank you.
CHAIRPERSON BERRY: Okay.
COMHISSIONER HANCOCK: Sometimes things just look too simple and
I have to ask that question.
CHAIRPERSON BERRY: We have a motion and I believe a second.
COMHISSIONER MAC'KIE: Yeah.
CHAIRPERSON BERRY: All in favor?
Opposed?
(No response.)
CHAIRPERSON BERRY: Motion carries four-zero.
Item #882
FUNDING AUTHORIZATION FOR SEAGRASS REHOVAL ON COLLIER COUNTY, NAPLES
AND MARCO ISLAND BEACHES - STAFF RECOHMENDATION APPROVED AND TO BE
BROUGHT TO THE TDC FOR RATIFICATION AND IF NOT RATIFIED TO BE BROUGHT
BACK TO THE BOARD OF COUNTY COHMISSIONERS
Next item was added onto the agenda having to do with the
seagrass removal from the beaches. Mr. Huber, good morning.
MR. HUBER: Good morning, commissioners. For the record, Harry
Huber, public works engineering department. First time I get to use
that official name now.
I think you're all aware of the situation we're in with the
seagrass removal. And the figures I have presented here are
essentially based on two days of operation. And I've projected that
over an estimated length of shoreline that I think is necessary to be
cleaned up, which is approximately 11 miles. This includes Barefoot
Beach, Vanderbilt Beach, Park Shore, City of Naples and Marco Island.
And as you see, I've projected that the cost is going to amount
to approximately $956,700. And that is comprised of the cost of the
equipment to remove it from the beach and then the tipping fee of the
landfill where currently a majority of the material is being taken.
COMMISSIONER MAC'KIE: I have a couple questions.
CHAIRPERSON BERRY: Well, I've got a big one about the tipping
fee, but go ahead.
COMMISSIONER MAC'KIE: Yeah, that one, too. And who's -- one of
the recommendations is that we waive competitive bidding procedures.
What -- who's going to physically do the work?
MR. HUBER: Well, currently right now I've got a contractor on
Marco Island. That's the only place we're working, you know, from the
county standpoint. And then the City of Naples, they have been -- I
think they're primarily using some of the city equipment. But the
trucks I think are being contracted out to trucking contractors.
COMMISSIONER MAC'KIE: But of this, you're going to rent
equipment with 431,700 -- no, that's the tipping fee. $525,000 is
rental of equipment?
MR. HUBER: Correct.
COMMISSIONER MAC'KIE: Does that include operating costs? Is
that --
MR. HUBER: Right, yeah, that would be the total --
COMMISSIONER MAC'KIE: So that's --
MR. HUBER: -- equipment cost.
COMMISSIONER MAC'KIE: So that's a company that you're currently
using on Marco Island that you're going to use for the balance of the
project?
MR. HUBER: Yes. I'd prefer to keep it with, you know -- you
know, I went out and got quotes before I, you know, put them on to
work, so they were --
COMMISSIONER MAC'KIE: And that's my question is how did you
choose them?
MR. HUBER: Based on the -- you know, the proposals, you know,
the unit cost, the lowest unit cost.
COMMISSIONER MAC'KIE: And I need to understand, too, what you're
saying about the City of Naples is currently out there with their own
equipment?
MR. HUBER: I'm not sure what the combination is. I know that
they -- I think they're contracting for some of the equipment, but --
and I think they're also using some of their own equipment.
COHMISSIONER HAC'KIE: So this million dollars would clean what
beaches?
MR. HUBER: Barefoot Beach, you know, the area of the county park
up there; Vanderbilt Beach, the restored portion of Vanderbilt Beach;
Park Shore. I think I included all of Park Shore. Also --
COHMISSIONER HAC'KIE: Despite the fact that even if it's in the
city? See, I'm confused about that.
MR. HUBER: Well, with the proposing -- the funding to come out
of TDC funds, I'm also, you know, including the city. You know, all
of Collier County, basically.
COHMISSIONER HAC'KIE: So even though the city council is -- are
we going to be reimbursing city council?
MR. HUBER: I'm assuming that the city's going to be -- you know,
based on information that was given to me, that their -- you know,
they would ultimately ask for reimbursement for their costs.
COHMISSIONER HAC'KIE: Well, certainly they should. I just
wanted to be sure that was included in this number.
MR. HUBER: Yes, it is.
COHMISSIONER HAC'KIE: Okay. And the City of Marco Island, are
they doing any of their own work, or are we going to do all that?
MR. HUBER: No, we were doing all of that right now.
COHMISSIONER HAC'KIE: How did you decide -- you said you're
already doing Marco? You started there because?
MR. HUBER: Well, first of all, the Vanderbilt Beach and Park
Shore, we do not have authorization from DEP to work in -- with heavy
equipment in those areas --
COHMISSIONER HAC'KIE: For the turtles?
MR. HUBER: -- because all the sea turtle nests have not hatched.
I'm in the process of getting Haura Kraus to provide me with the
location -- exact locations of the nests that haven't hatched so that
I could possibly go in there and work areas where there aren't any
nests. But Marco Island, all the nests have hatched so there's no
restriction there. The same way with the City of Naples, there's no
-- all the nests have hatched in the City of Naples.
COHMISSIONER HAC'KIE: Then the tipping fee question.
COHMISSIONER NORRIS: Yes, ultimately we'll be trying to be
reimbursed from FEHA, correct?
MR. HUBER: Yes, that's one of the recommendations, that --
authorization to submit an application for --
COHMISSIONER HAC'KIE: And the odds are good? I mean, they
should be good, shouldn't they?
COHMISSIONER HANCOCK: You know, this is no different than a tree
falling across the roadway or, you know, I mean, you know,
infrastructure being blocked. The beach is a part of our
infrastructure.
COHMISSIONER HAC'KIE: Well, that's what I thought. I just
wanted to hear that from staff, that we expect this to be a loan.
MR. HUBER: I've gotten nothing but positive indications from Mr.
Pineau up to this point that, you know, we would certainly be eligible
for reimbursement.
COHMISSIONER HANCOCK: We're making sure the funds are made
available for a proper cleanup of the beach and then the reimbursement
will go back into the category A beach funds when it receives in
whatever form, fashion or size; is that correct?
MR. HUBER: Correct. And we're just making sure we keep very
accurate records up front so that, you know, when we do ask for the
reimbursement, we have all the records we need, so --
COHMISSIONER HAC'KIE: And then the tipping fee question, Madam
Chairman.
CHAIRPERSON BERRY: If we're going to get reimbursed from FEHA,
then I'm not sure that I'm anxious to talk about doing anything
different with that.
COMMISSIONER MAC'KIE: I see.
COMMISSIONER HANCOCK: Even if we weren't, I think, you know,
we're talking about, you know, which fund takes a hit. CHAIRPERSON BERRY: Yeah.
COMMISSIONER HANCOCK: And of the two funds, the solid waste fund
versus the category A funds, I'd rather category A funds take a hit.
Because solid waste funds, if that happens, then we have to replace
that with revenue stream dollars in the future. It's all part of the
CHAIRPERSON BERRY: Right.
COMMISSIONER HANCOCK: -- pro forma of that landfill.
COMMISSIONER MAC'KIE: But the same thing's true about category A
funds, they still -- I mean, there's not just extra money laying
around, they have to be replaced. It's money that will no longer be
available for beach maintenance renourishment, et cetera.
COMMISSIONER HANCOCK: Except --
COMMISSIONER NORRIS: Well, actually, there is. Actually, there
is 10 million dollars. This is only 10 percent of the reserves --
COMMISSIONER MAC'KIE: Understood.
COMMISSIONER NORRIS: -- and the reserves in part are for
emergency measures such as this.
COMMISSIONER HANCOCK: In addition, you have a third penny placed
on there that will go away soon, and you can always bring that back
for emergency cases, if need be. So there's more flexibility in that
fund than there is in solid waste.
COMMISSIONER MAC'KIE: I see the point, yeah.
COMMISSIONER HANCOCK: Question, if I may?
CHAIRPERSON BERRY: Sure, go ahead.
COMMISSIONER HANCOCK: Mr. Huber, when you mentioned the
stretches that were getting cleaned up, you didn't mention the stretch
around Clam Pass and Clam Bay.
MR. HUBER: I was getting ready to say that.
COMMISSIONER MAC'KIE: And I interrupted him.
MR. HUBER: Yes, I intend to -- from Clam Pass south, basically,
it would be the whole shoreline from Clam Pass south through as far as
they go in the City of Naples. I think they're planning on going to
like 22nd Avenue or --
COMMISSIONER HANCOCK: Do we not have much accumulation between
the north -- Clam Pass north to the south tip of Vanderbilt Beach?
MR. HUBER: Well, the area, you know, just south of the Ritz
Carlton where the restoration project ended, you know, I think I was
assuming Pelican Bay Services Division would pick up that stretch of
the beach.
COMMISSIONER HANCOCK: Okay.
COMMISSIONER MAC'KIE: With the same reimbursement possibilities
as the City of Naples?
MR. HUBER: Yes. And --
COMMISSIONER MAC'KIE: It's only fair.
MR. HUBER: -- there is one other item I need to bring to your
attention as far as the use of TDC funds for this purpose.
The proper procedure and the use of TDC funds would be to have a
recommendation from TDC prior to the board action. And that's
required by -- I understand by the statute. So I need some -- would
need some direction in that regard, whether you want to make this
approval subject to a special meeting of TDC to make their
recommendation. But we're already incurring costs, you know, and
we're --
COHMISSIONER HANCOCK: Based on the fact that this isn't
something that could be foreseen and something I think has a direct
impact on the tourism arena every day that this is on the beaches,
and, God forbid, something nationally, they begin writing or talking
about to any great degree.
If there's no speakers on this, I'm going to make a motion we
approve staff recommendation, and as a part of that ask that it be
brought to the next available meeting of the TDC for their
ratification.
COHMISSIONER HAC'KIE: Will that satisfy legal requirements, Mr.
Weigel?
MR. WEIGEL: It would.
I would add that if there were not to be ratification by the TDC,
that it come back -- that this issue come back to the board in a
perfunctory manner for ratification or confirmation of your prior
action.
COHMISSIONER HAC'KIE: Yeah.
COHMISSIONER HANCOCK: Yeah, if they don't agree that this is an
appropriate expense of Category A, then I'll include in my motion that
the board hear the item following that recommendation. COMMISSIONER MAC'KIE: Second.
CHAIRPERSON BERRY: And we do have a meeting on October 19th, so
COMMISSIONER HANCOCK: It's good timing.
CHAIRPERSON BERRY: -- that would be the time that that would be
presented. Unless there doesn't need to be a special meeting called,
do you think?
MR. WEIGEL: I don't think so.
COMMISSIONER HANCOCK: Particularly not with FEMA reimbursement
as a real possibility.
CHAIRPERSON BERRY: Okay.
COMMISSIONER HANCOCK: I think that helps allay a lot of fears.
CHAIRPERSON BERRY:
have no public speakers.
All in favor?
Opposed?
(No response.)
CHAIRPERSON BERRY:
MR. HUBER:
Okay, we have a motion and a second and we
I'll call the question.
Hotion carries four-zero.
Thank you.
Item #10A
RESOLUTION 98-416 REAPPOINTING MICHAEL DOUGLAS JERNIGAN TO THE BOARD OF
DIRECTORS OF THE HEALTH PLANNING COUNCIL OF SOUTHWEST FLORIDA, INC. -
ADOPTED
CHAIRPERSON BERRY: Okay, the next item is the appointment of
a member to the Health Planning Council of Southwest Florida, Inc.
believe we have --
COMHISSIONER HANCOCK: One vacancy.
CHAIRPERSON BERRY: -- one individual.
COMHISSIONER HANCOCK: I move Michael Douglas Jernigan --
COMHISSIONER MAC'KIE: Second.
COMHISSIONER HANCOCK: -- to reappointment.
CHAIRPERSON BERRY: We have a motion and a second for the
appointment of Mr. Jernigan.
All in favor?
Opposed?
(No response.)
CHAIRPERSON BERRY: Motion carries four-zero.
Item #10B
RESOLUTION 98-417, APPOINTING PETER LEHHANN TO THE COLLIER COUNTY CODE
ENFORCEMENT BOARD NORTH - ADOPTED
Next is appointment to the Code Enforcement Board North.
COMMISSIONER MAC'KIE: Motion to approve Peter Lehmann.
CHAIRPERSON BERRY: We have one person by the name of Peter
Lehmann.
COMMISSIONER HANCOCK: Second.
CHAIRPERSON BERRY: We have a motion and a second.
All in favor?
Opposed?
(No response.)
CHAIRPERSON BERRY: Motion carries four-zero.
COMMISSIONER HANCOCK: Madam Chair, on that item, I'll be
requesting to the county administrator's office that we bring the Code
Enforcement Board North and South issue back to the board at some
point in the next six weeks.
Those of you that know Charlie Andrews know that he was kind of
the start of the Code Enforcement Board in Collier County. And when
we split the two boards we had a heavy workload and a back log.
We are paying legal fees for two code enforcement boards. We are
paying all the associated costs for two code enforcement boards. I
don't know that we have a caseload and a workload that dictates two
code enforcement boards.
So I'll be asking for the county administrator's office to look
at that, and if that kind of ferrets itself out, as I think it will, I
may come back to the board and ask for a policy decision on that. I
don't see any reason to go spending the kind of money we're spending
on legal fees twice, unless it's absolutely necessary.
COMMISSIONER MAC'KIE: Yeah, we asked staff to watch that as we
set it up, to report back to us about when we could, you know --
COMMISSIONER HANCOCK: I may be preempting that by a little bit,
but I just wanted to let you know that I would be going to the county
administrator's office to make that request for information, and if it
looks the way I anticipate, then I'll probably ask that we make a
presentation on it to the board.
I know Commissioner Constantine was very involved in that and the
structuring and whatnot. It just so happens he's gone, but I just
wanted to let you know that I'd be doing that.
COMMISSIONER MAC'KIE: We'll take that as your direction to
prepare a report and bring it back to you. CHAIRPERSON BERRY: Okay.
COMMISSIONER HANCOCK: Okay. Thank you.
Item #10C
PRESENTATION BY DAVID GUGGENHEIMAND REQUEST FOR BCC SUPPORT OF
AMENDMENT 5 - ADDITIONAL INFORMATION TO BE PRESENTED TO THE BCC AT A
LATER DATE
CHAIRPERSON BERRY: And the next item is a presentation by Mr.
Guggenheim on Article 5.
COHMISSIONER HAC'KIE: I asked --
CHAIRPERSON BERRY: Commissioner Hac'Kie?
COHMISSIONER HAC'KIE: -- to add this on the agenda today just
for a couple of reasons. One is that I hope that we can get a board
resolution in support of, you know, urging voters to support Amendment
5, and as just an educational opportunity to get the information
before us and before the board. And Mr. Guggenheim can do a better
job than I of describing Amendment 5 for you, but just vote yes. Go.
MR. GUGGENHEIH: Thank you. Good morning, Chairman Berry,
commissioners. Thank you very much for making me part of your agenda
this morning.
For the record, David Guggenheim, president and CEO of the
Conservancy of Southwest Florida. And I speak to you on behalf of our
5,500 members and 675 volunteers.
In less than a month, we will have a once-in-a-lifetime
opportunity to make a decision that will have a lasting impact on the
quality of this community for generations to come.
Amendment 5 is one of 13 constitutional revisions on the ballot
on November 3rd. Passage of Amendment 5 is directly linked to the
future of conservation in Collier County and throughout Florida.
In order for Collier County to continue to acquire conservation
land in areas such as CREW, South Golden Gate Estates, Rookery Bay,
Belle Heade, Fakahatchee, et cetera, it is essential for Amendment 5
to pass.
We've seen the landmark program, Preservation 2000. It's
provided tremendous benefit to Collier County and the State of
Florida.
As you've probably read in the paper, or if you were at Rookery
Bay over the weekend, CARL celebrated the millionth acre acquired.
It's a great celebration. It's been a very successful program; one
that other states have looked toward as a model for shaping their
programs.
Unfortunately, this program ends in the year 2000. Your support
is critical to ensure the passage of Amendment 5.
Amendment 5 extends the state's authority to use bonds for land
acquisition beyond the year 2013, and currently that is where the
funding authority -- or the bonding authority ends, in the year 2013.
Funding for this conservation, for P2000 and any successor
programs comes from the documentary tax stamp. This is a real win for
Collier County. It's an opportunity to conserve as we grow, and we
are growing quite rapidly, and to conserve with no new taxes for
Collier County residents.
Amendment 5 also merges the Florida Game and Fish Commission with
the Florida Marine Fisheries Commission. We believe that that makes
sense, both technically and fiscally. We have two agencies doing the
job that one agency can do, and we think that's commonsense government
to merge those functions.
Amendment 5 enjoys very strong bipartisan support. Hundreds of
businesses, civic associations and environmental groups have endorsed
Amendment 5. Both gubernatorial candidates, Jeb Bush and Buddy
MacKay, have endorsed it.
There is no organized opposition to Amendment 5, but there is an
enemy to Amendment 5, and the enemy is this book. It's confusing.
There are 13 amendments here. There's a lot to read through, and it
gets confusing. And many groups who have single amendments that they
would like to defeat -- for example, the NRA -- have started to urge
their members and their constituencies to vote against all of the
amendments, assuming that the public is essentially unable to figure
out the difference between the good amendments and the bad amendments.
I personally have more faith in the public, and I'm sure you do,
than to allow that sort of blanket policy on support or opposition to
amendments.
Amendment 5 makes a lot of sense, but we have to be very wary of
the kind of tactics that are starting to emerge.
As I said before, your support is critical. Your support will
send an important message to this community and actually to all
Floridians about the importance of continuing the successes that we've
had in P2000.
Since the last constitutional revision committee, which met 20
years ago, the population of Florida increased 63 percent. And we're
going to see more of the same over the next 20 years. We're sitting
here in the fastest growing part of this state. The opportunities we
have today will certainly not be here in 20 years when the next
constitutional revision committee meets.
I respectfully urge to you take this opportunity to express your
support for a proven commonsense conservation approach by endorsing
Amendment 5.
For Collier County, such an opportunity truly won't come this way
again. I truly thank you for your support on this very important
issue.
COHMISSIONER HAC'KIE: And if I could just add that at the back
of the handout -- and we have previously received this -- is an
endorsement statement prepared by the Conservancy that I personally
signed, but we'd like to ask that we give it to the county attorney to
bring back in the form of a resolution for the board to indicate its
support of the amendment, and to urge Collier County voters.
Frankly, what I would suggest is instead of pledging support for
a citizen education campaign to secure voter approval, that the
county's resolution would urge Collier County residents to vote in
support of Amendment 5. There's board support for that. I hope we
could ask staff to do that. I'm certainly personally going to do it,
but I hope as a board we'll do it.
CHAIRPERSON BERRY: Commissioner Norris?
COHMISSIONER NORRIS: Well, I want to thank Mr. Guggenheim for
bringing this forward. The conservation elements that are in this are
very worthwhile and something that we should certainly all support.
It has a number of elements in there. One of them that I like is the
combining of the fish -- Florida Game and Fish with the Marine
Fisheries Commission.
But also, within that one element, this constitutional amendment
has what for me is a fatal flaw, and something that it's going to
cause me not to support the amendment at all, and that is the part
where it removes the legislature's exclusive authority to regulate
marine life and grant certain powers to the new commission.
And, you know, we already have too much problem with bureaucrats
making regulations, and to go now and take the power away from the
legislature and put it completely in the hands of bureaucrats I think
is a silly mistake, something that we're all going to pay for in the
future. And because of that one little item, I'm not going to be able
to support this commitment.
CHAIRPERSON BERRY: I think that this is what's happening to a
lot of the amendments. I don't know, I can't think of anyone who went
to the Collins Institute presentation that might be in this room, but
these were -- if you happened to see the document that they put out
from that particular presentation, they took no sides one side or the
other.
And on every issue, what they basically ended up saying was
you're going to have to weigh these amendments, because every one of
them has an element in there and you're going to have to stop and
think, are you better off with it the way it is currently, or is this
not going to -- if it's not going to improve the situation, then leave
it alone.
And unfortunately, because they had so many proposals and they
knew that the general public could not get into each one of these,
they piggybacked many of them together.
And what that has done now has made something that in this case,
you've got probably a fine element in terms of the conservation of the
lands, but you've got some other undesirable elements that have been
tacked on here, which is what we criticize the legislature for every
year in doing when they pass things in Tallahassee, and yet we may do
the same thing here.
The only thing that -- and I can cite another occasion, you say
well, why did you support the revision seven? Because it didn't take
away local control when it came to one of the things that many people
are viewing as not a good item, it has to do with either election or
retention of judges. It still leaves it at local control to make that
decision.
And that is one thing, though there's a lot of controversy about
that, it still leaves it at the local level to make that decision.
And unfortunately here, the difference lies in the fact that, as
John stated, you're taking some of the things totally out of the hands
of the legislators. And this to me is -- and I have to agree, I think
this is a big problem here, and as it is with some of the other
amendments as well.
I don't know -- Ty, I know you're involved with the local
Republican Executive Committee. I don't know what stand they have
taken.
COMMISSIONER HANCOCK: I do.
CHAIRPERSON BERRY: Is it down on all of them?
MR. AGOSTON: A long time ago.
CHAIRPERSON BERRY: Oh, they did?
MR. AGOSTON: This was like maybe six weeks ago.
COMMISSIONER HANCOCK: But quite frankly, and I had a real
problem with that, because I think it ignored at least one amendment
CHAIRPERSON BERRY: Right.
COMMISSIONER HANCOCK: -- that puts money back in their pockets
and takes -- you know, and -- but it was indicative of the fact that
the majority of these you go through and you can support 90 percent of
it, but that 10 percent swing the pendulum so far the other way, the
element of distrust is high.
And that's what the NRA is capitalizing on. The NRA has one
amendment they are trying desperately to kill, and they have decided
for themselves -- and I sat on the committee on Amendment 7, a
state-wide committee for the Florida Association of Counties
supporting it. And we knew three months ago that this was coming. And
the reason it was coming is because they decided it's easier to say
just say no to everything than it is to try and educate voters on the
reasons we're saying yes or no on a given amendment.
So in my opinion, the Republican party of Collier County made a
mistake in saying we don't want to go through these individuals and
determine which are in the best interest of Collier County, we'd
rather just say no. That's great for drugs, but it's not good for
government.
So, you know, I think that was a mistake. But, you know, what
you two have brought up about this, I really value, because we saw it
on Sand Dollar Island, for example, where we had a difference of
opinion between what a regulatory agency said they had the authority
to do and what the collective recollection of what Collier County, an
agreement made some time ago, said you could do. And there was an
appeal body, and that appeal body was -- were elected officials in the
state government, the cabinet in that case.
The problem I have with going to this commission is that unless
those people are elected by the citizens of the State of Florida, we
have the same issue we had with the South Florida Water Management
District; in essence, a taxing authority with little or no government
oversight. And we actually had to write oversight into the
legislature last year, and it's still rather minimal.
I'm an ardent supporter of a successor program for P2000. I
wasn't four years ago. I have seen what P2000 can do, good and bad.
And I think we can fix the bad and make the successor program better.
And I'm torn at this, because I want a successor program and I
want a funding source for it. Because I'd rather see that done at the
state level where large blocks and areas can be, you know, put
together and conserved.
But the one issue that Commissioner Norris brought up is the one
that I've been scratching my head over. I'm just not sure as a voter
I want to give the authority and the ability to expend all of those
funds and determine the future of those funds and the future of
conservation lands and policy to appoint it, an appointed body,
whereas currently I have --
CHAIRPERSON BERRY: They don't answer to anybody.
COMMISSIONER HANCOCK: -- currently I have the appeal process to
an elected body.
You're not responsible for the language --
CHAIRPERSON BERRY: No.
COMMISSIONER HANCOCK: -- and I know if you could go and scratch
that and change it, you would do it, because I think we'd all be
happier. So this is not directed at you in any way, Dr. Guggenheim.
CHAIRPERSON BERRY: Oh, no.
COMMISSIONER HANCOCK: I just -- there's such a fundamental
governmental philosophy issue in that one element for me that that may
be enough for me to -- I may still vote for this thing personally
because I feel so strongly about the conservation of lands, but I have
to solve that issue for myself.
From a government standpoint as a board of commissioners, I don't
think I can recommend to the people of Collier County that they accept
that situation or that that change, and I guess that's the difference
between a personal direction and one that I think is one that comes
with the job.
MR. GUGGENHEIH: If I might --
COHMISSIONER NORRIS: Well, it's great that actually the Florida
Game and Freshwater Fish Commission is the issue here, or on the
issue, because it's one that I've researched.
The enabling legislation for that agency was 151 words. And from
there, the bureaucrats had made reams of regulations.
Now, to go one more step beyond and take the legislature out of
the loop and just say you guys are free to do whatever you want to do,
I can't do that.
Now, there are other ways to get this -- the P2000 done. You
don't have to do it with this constitutional amendment. This can be
done any time in the next 15 years before it expires. And I'm
certainly a supporter, as Commissioner Hancock is, of seeing that go
forward. This is just not in my opinion the proper way to go about
getting things done.
MR. GUGGENHEIH: My understanding is that the authority for
documentary stamp taxing necessarily must be a constitutional
amendment, which means that that opportunity will not present itself
until the next constitutional --
COHMISSIONER NORRIS: That's not correct. Because you can bring
constitutional amendments on a standalone basis any election year.
And you see them periodically.
COHMISSIONER HANCOCK: But they have to be citizen initiative.
COHMISSIONER NORRIS: Well, that's not -- you can do it. And I
think this one would have plenty of public support to be able to do
it.
MR. GUGGENHEIH: I understand.
COHMISSIONER NORRIS: And, as a matter of fact, if you could
combine the two agencies in question here without taking the
legislature out of the loop, then I'd, you know, help on that as well.
But, you know, you don't have to wait 20 years, you can get this
done in the next 15.
COHMISSIONER HANCOCK: Mr. Guggenheim, maybe there's an element
here that could help, because there -- the problem with a lot of these
is there are statements like the creation of a new commission grants
certain powers. Well, if it's a power to order your own paper and
pencils, so be it. What are those certain powers?
In addition, it says to remove the legislator's exclusive
authority to regulate marine life. Exclusive authority, does that
mean that the authority is now spread out but the ultimate
decision-making --
COHMISSIONER HAC'KIE: I'm dying to see that.
COHMISSIONER HANCOCK: I don't know what those mean. I know what
they appear to me to mean, and I'm not comfortable with it.
MR. GUGGENHEIH: What I wanted to suggest -- what I would like to
suggest is that I provide a letter to this board with a lot of the
detail that is obviously not present in our position statement or in
the language of the amendment that may help to alleviate some of your
concerns, which I do very much appreciate.
I would also ask the board to consider Chairman Berry's words,
which were to -- when you're presented with something like this, you
do have to kind of weigh the good and the bad and make a decision.
I think if you look at what we're dealing with, especially with
the detail that I will provide you with, that the good certainly
outweighs the bad in terms of the benefit to Collier County. This is
truly something that we don't want to see slip away. And again, I
can't emphasize enough that your support of this would send a very
strong message, not only to the citizenry of Collier County, but I
think to the rest of the state as well.
CHAIRPERSON BERRY: One thing that I want to check on, too, and
again, it's not spelled out clear enough certainly in what we have.
Maybe you have something more defining in terms of the Fish and
Wildlife Conservation and the Marine Fishery. What does this mean to
the people who rely on the fishing industry for their livelihood?
Where exactly is this going?
And certainly, I think of any of the commissioners sitting up
here, this is a big effect to the people in my particular district.
And I need to know that. I need to know the effect of this amendment
on behalf of those people down there to know whether this -- I have --
you know, I represent those people. MR. GUGGENHEIH: I understand.
CHAIRPERSON BERRY: I need to know what that overall effect is.
I don't have a problem with the conservation side of this, but I
do with this other side. And I've got to recognize that.
COHMISSIONER HAC'KIE: Last thing I'd just want to say is just to
agree with both of you that the important question here in all of
these amendments is to look at them overall and try to make that
balance. And for some people -- well, certainly, if you're looking
for a way to say no, you can find a way to say no to all of them,
because they're imperfect and I don't agree with everything in all of
them.
But in this one, I absolutely strongly agree that the good
outweighs the bad. And even though it's theoretically possible to
have a constitutional amendment added, you know, through the petition
process -- and if in fact this were to fail, then I expect that that
would be -- what will happen is we will try to amend the constitution
so that we don't lose the documentary stamp funding source for
preservation.
That's the critical component to the success of Florida's P2000
program. And that does go away without a constitutional amendment.
This is our shot at a constitutional amendment without having to go
through a lengthy petition process that would just be very difficult.
And I do think that if we could just stay open minded for a
little while longer, because your questions are great, and I don't
know what oversight -- I know that exclusive oversight does not mean
-- it means shared oversight is what I've expected that it means with
regard to the combination of those agencies and their supervision or
oversight by the legislature.
So if we could remain open for Mr. Guggenheim to give us some
more information maybe in the next week or two and look at this again
CHAIRPERSON BERRY: Sure.
COHMISSIONER HAC'KIE: -- this is a really useful debate and real
good information to get out to the public, I think.
COHMISSIONER HANCOCK: One problem, Pam, and -- is that we sit up
here in two capacities, one as citizens and one as policy makers, and
what we're being asked to do is in the realm of sitting as a policy
maker. And I think that's where I have the big conflict with it.
As an individual, I have certain feelings about this. I may not
have such a heightened concern about what that means as an individual,
but as a county commissioner who, when we take action as a governing
body, it deals with how we believe government should or shouldn't
work, an element like this. And to quote -- Commissioner Norris is
correct, it is in my opinion a fatal flaw, because it is handing the
decision-making authority that the public believes and currently sits
in our legislative bodies to -- if that's the case.
COMMISSIONER MAC'KIE: If that were true, I would agree with you
COMMISSIONER HANCOCK: Until its clarified.
COMMISSIONER MAC'KIE: -- but then I'm confident it's not true
that there is no legislative oversight. It's just that the oversight
is not exclusive to the legislature.
So that can be clarified, if you'll keep an open mind for that
information.
MR. GUGGENHEIM: I'll be a happy to provide that information.
COMMISSIONER HANCOCK: And if it's not, I have three letters to
state, EPA.
MR. McNEES: Madam Chairman, you do have one registered speaker
on this item.
CHAIRPERSON BERRY: Okay.
MR. McNEES: Ty Agoston.
CHAIRPERSON BERRY: Okay.
MR. GUGGENHEIM: Thank you very much.
CHAIRPERSON BERRY: Thank you, David.
MR. AGOSTON: Good morning, ladies and gentlemen. My name is Ty
Agoston. I live in that unattractive northern Golden Gate Estates,
and I'm speaking for myself.
With due respect to Dr. Guggenheim, he does not appear to believe
in democracy. He has, prior to this, referred to politics as a dirty
word. Now, you may or may not agree with the opinion that politics is
a dirty word; however, that's the only game in town.
You all get elected through politics. The governor's commission
on various commissions, like sustainability and what have you, are
appointed.
This particular constitutional amendment, or proposed
constitutional amendment, even staggers the appointment to minimize
even the governor's power or impact on the commission. Consequently,
the commission pretty much can do as it sees fit, without any
legislative oversight.
Is that what we're looking for? Are we looking to establish a
kind of an environmental gestapo, so to speak?
These people may have the right motivation, although sometimes I
doubt it. But the fact of the matter is, no one elects them. They
don't have any responsibility to the public. Once they get on these
boards, they essentially do and say as they please. And if they
control all the licensing fees, as it's proposed -- hey, I see the Big
Cypress Basin Board get involved in areas that are none of their
business, simply because of the lack of legislative oversight. They
do not have to worry about anyone.
And frankly, I considered politics a beautiful word. I came from
one of those pure systems when a guy made it to the top, stayed there
until he died. I don't want to head there.
COMMISSIONER HANCOCK: I'm kind of thinking that's a good thing,
from my standpoint.
MR. AGOSTON: I understand.
COMMISSIONER HANCOCK: That was a joke. Seriously.
COMMISSIONER MAC'KIE: Got to get a laugh.
MR. AGOSTON: I understand.
COMMISSIONER HANCOCK: All right.
MR. AGOSTON: Be as it may, I also wanted to take our contention
to the fact that there is a wide bipartisan support for the
constitutional amendments, the proposed constitutional amendments.
There is none. The local Republican party have came out against it.
And as I understand, and this is hearsay, so I probably shouldn't say,
but even the State Republican Party is considering coming out against
it.
COMMISSIONER MAC'KIE: Against their own candidate for governor?
I mean, Jeb Bush supports it.
MR. AGOSTON: Well, that's two different issues and you kind of
sound -- well, let me leave it alone. The fact of the matter is that
it's under consideration for them to come out against the proposed
constitutional amendment. Whether they do or they don't, it's their
business.
One additional point is that I am not exactly sure whether it's
even your role to get into a -- what is essentially a political
discussion. We're supposed to be a bipartisan board? COMMISSIONER MAC'KIE: This board, bipartisan?
MR. AGOSTON: No? Do you belong to the same party as some of the
others?
COMMISSIONER HANCOCK: We've always said, Ty, there's two kinds
of Republicans in Collier County. MR. AGOSTON: There you go.
Thank you very much for the opportunity.
CHAIRPERSON BERRY: Thank you.
COMMISSIONER NORRIS: Well, I think part of the -- you know, the
problem that I'm concerned about is iljustrated by the dealings that
we have most often with the Florida Game and Freshwater Fish
Commission. For example, you mentioned down on Tiger Tail, which has
nothing whatsoever to do with game, those issues down there, or
freshwater fish, since it's a saltwater body, but yet we have to deal
with Florida Game and Freshwater Fish Commission.
I don't think there's anybody in here that's going to try to make
the case that a Red-cockaded Woodpecker is a game bird. But you've
got to go through the Florida Game and Freshwater Fish Commission to
get your permits because of Red-cockaded Woodpeckers.
And that just iljustrates a problem that I'm concerned about. I
mean, you've already got bureaucracy run amuck, and to sit here and
try to give them more power I think is just asinine.
COMMISSIONER HAC'KIE:
COMMISSIONER NORRIS:
COMMISSIONER HAC'KIE:
that --
COMMISSIONER HANCOCK:
COMMISSIONER HAC'KIE:
COMMISSIONER HANCOCK:
COMMISSIONER NORRIS:
But that's not what this amendment does.
Well, it does in part.
Keep an open mind about whether or not
When we have more information --
-- the end of the story.
-- that can be clearer about that --
Well, let me explain, the problem with your
argument and Dr. Guggenheim's argument is you're saying that this is
the only way to get P2000 extended, and that just simply is not the
case.
COMMISSIONER HAC'KIE:
COMMISSIONER NORRIS:
COMMISSIONER HANCOCK:
COMMISSIONER HAC'KIE:
COMMISSIONER NORRIS:
COMMISSIONER HANCOCK:
It's the only practical way.
That's not --
There are other --
That's my opinion.
I don't believe that's true either.
There are other funding mechanisms other
than documentary stamp taxes that can be used, if need be, you know,
so I disagree that a doc. stamp is the only way that it can be done.
But I don't think that -- our decision right now isn't, you know,
fish or cut bait on the successor program for P2000.
COHMISSIONER HAC'KIE: So to speak.
COHMISSIONER NORRIS: Good one.
COHMISSIONER HANCOCK: Okay. I think our decision here is
whether or not as a governing body it is appropriate for us to make a
unified recommendation to the people of Collier County whether they
should support this amendment.
And one of the most basic questions I think we have to go to,
before you even get to the details of it, is, is this a local
government issue that affects the people of Collier County to a point
that we have a role? That's a discussion we can have later.
I think Amendment Seven obviously has an effect. The last
advocacy position we took was the Gordon River Bridge; obviously had
an effect on the people of Collier County.
The question on this is by not taking action is there going to be
a detrimental effect to the people of Collier County? I think the
answer is possibly yes, but we need to have more information on what
the repercussions of that decision are.
COHMISSIONER HAC'KIE: I think the answer is hell, yes. And I
trust Mr. Guggenheim will include that in his information that he
provides to us.
COHMISSIONER NORRIS: Commissioner Hac'Kie --
COHMISSIONER HANCOCK: This is a family show.
COHMISSIONER NORRIS: -- there are small children watching this.
COHMISSIONER HAC'KIE: Including my children. I'm sorry.
CHAIRPERSON BERRY: Well, you certainly don't want to be in the
same league as our Chief Executive Officer for the country,
contributing to bad things on television now, Commissioner.
COHMISSIONER HAC'KIE: I was trying to think how that could
happen.
CHAIRPERSON BERRY: Okay, thank you, Mr. Guggenheim, and we'll
wait for your information to come back to us and then we'll go
forward.
COHMISSIONER HANCOCK: We have such spirited discussions when you
show up, Dave. Thank you.
COMMISSIONER MAC'KIE: Good stuff.
CHAIRPERSON BERRY: That's all right.
Do we have any other -- we're to the public comment section.
COMMISSIONER MAC'KIE: We have none.
CHAIRPERSON BERRY: No registered public speakers.
Item #14A
DISCUSSION REGARDING STATUTORY REQUIREMENT RELATING TO THE CONTRACTORS'
LICSNEING BOARD ORDINANCE - COUNTY ATTORNEY TO AMEND ORDINANCE AND
BRING BACK TO THE BOARD
All right, do we have any communication? Mr. Weigel, do you
have anything to share with us this morning?
MR. WEIGEL: Yes, I do. There was a statutory change that
occurred this year which is going to be affecting our Contractors
Licensing Board. It's currently a board of course established by
ordinance, a nine-member board. And the requirement is that there now
be non-profession related consumer oriented persons placed on that
board.
With a nine-member board, it -- three persons should constitute
that element. And there is one vacancy right now. We have not had
other attrition in the last few months which would have allowed for a
normal transition. And I would ask general board direction to revise
and advertise and bring back to this board for consideration an
amendment to the Contractors Licensing Board ordinance to reflect the
statutory mandate, and that county attorney office work with Ms.
Filson in the procedure for solicitation of putting people on the
board that meet that statutory requirement.
There are two ways to do that: One is, in the amendment process,
is to either increase the board to 11 members so that the nine members
that are on there continue in their current capacity. We do have one
vacancy which lends itself to the consumer related person.
Or to stay with a nine-member board and based on a review of
attendance and perhaps a discrete dialogue with any of the members
that may wish to not continue after the iljustrious performance today,
if there were some resignations, it would lend itself to the
reappointment of these new persons to the board.
COHMISSIONER HANCOCK: Madam Chair, if I could make a
recommendation?
CHAIRPERSON BERRY: Commissioner?
COHMISSIONER HANCOCK: When you get to 10 or more on those kinds
COMHISSIONER MAC'KIE: Amen.
COMHISSIONER HANCOCK: -- of boards, it tends to get unwieldy.
MR. WEIGEL: Yes.
COMHISSIONER HANCOCK: So I'd like to see us stay at nine. And
the manner in which I would suggest doing that is that through Mr.
Weigel and Ms. Filson make a request of current sitting board members
for those who wish to volunteer to end their terms at the time of
appointment of the two new mandated positions.
If we do not get two individuals that volunteer, that a
recommendation based on attendance be made to this board to eliminate
two positions at the time of appointment to consumer positions, as
mandated by the state statute.
COMHISSIONER MAC'KIE: I support that.
MR. WEIGEL: That's very clear. I appreciate that.
CHAIRPERSON BERRY: Okay. You need -- I don't think we need a
vote on that. Just simply direction --
MR. WEIGEL: No, general direction is fine. Thank you.
CHAIRPERSON BERRY: Okay, that's fine.
Mr. McNees, do you --
COMHISSIONER MAC'KIE: No, ma'am.
CHAIRPERSON BERRY: -- have anything to bring to us this morning?
MR. McNEES: I have nothing.
CHAIRPERSON BERRY: Nothing.
Commissioner Mac'Kie?
COHMISSIONER HAC'KIE: Just that we'll send our official
condolences as a board -- CHAIRPERSON BERRY: Absolutely.
COHMISSIONER HAC'KIE: -- to our county administrator in the
death of his family member and hope that he's back with us soon.
CHAIRPERSON BERRY: Okay. Commissioner Norris?
COHMISSIONER NORRIS: Nothing further today.
CHAIRPERSON BERRY: Commissioner Hancock?
COMMISSIONER HANCOCK: No, ma'am.
CHAIRPERSON BERRY: Nor do I.
And if there's nothing else to come before this board, we stand
adjourned.
***** Commissioner Constantine moved, seconded by Commissioner
Norris, and carried unanimously, that the following items under
the Consent and Summary Agenda be approved and or adopted with
changes: *****
Item #16A1
CARNIVAL PERMIT NO. C-98-5, RE PETITION C-98-5, V. CARLETON CASE OF THE
KIWANIS CLUB OF NAPLES REQUESTING A PERMIT TO CONDUCT A CIRCUS ON
NOVEMBER 21 AND 22, 1998 AT CELEBRATION GARDENS AKA FLORIDA SPORTS PARK
ON COUNTY ROAD 951
Item #16A2
RESOLUTION 98-403 THROUGH 98-407 RE CODE ENFORCEHENT CASE NOS.
70305-264, RONALD & NANCY GILL; 70806-022, LEONARD J. BURI & NICHOLAS
KARALIS; 80812-038, SUNBRELLA HOMES, INC.; 80309-006, WALTER F. & ROSE
MARIE NEWMAN; 80407-011, CONNIE SIMON & HARLO PIKUL
Item #16A3
RESOLUTION 98-408 THROUGH 98-411 RE CODE ENFORCEHENT CASE NOS.
70814-003, VANE EST, IRENE P. SOCKALOWSKI C/0 RENETTA SPENCE;
80115-027, DANIEL VONRABENAA, TRUSTEE, TALCOTT COHMUNICATION CORP.
PENSION PLAN & TRUST UTD 11/30/77; 80120-143, WILLIE HAE POSTELLE C/O G
JEAN CANTY; 80130-096, THOMAS D. SAYLOR & ROBERT A. SAYLOR
Item #16A4
RESOLUTION 98-412 & 98-413 RE CODE ENFORCEMENT CASE NOS. 70502-089,
KLONDIE ARAGON, JOSE A PENA; 80310-064, 80310-065, 80310-066, BINA
PROPERTIES CORP
Item #16A5
BID #98-2841 SHELLABARGER PARK INFRASTRUCTURE IMPROVEMENTS AND STAFF TO
INITIATE AN AGREEMENT WITH DENCO CONSTRUCTION, INC. OF FT. MYERS, FOR
THE CONSTRUCTION OF THE 1997 CDBG NEIGHBORHOOD REVITALIZATION PROJECT
KNOWN AS THE SHELLABARGER INFRASTRUCTURE IMPROVEMENT PROJECT IN
IHMOKALEE
Item #16A6
FINAL PLAT OF QUAIL WEST PHASE III, UNIT 1 AND APPROVAL OF PERFORMANCE
SECURITY - SUBJECT TO CONSTRUCTION AND MAINTENANCE AGREEMENT AND
STIPULATIONS
Item #16A7
STAFF TO INITIATE AN INFORMAL CHALLENGE TO THE U.S. CENSUS BUREAU'S
POPULATION PROJECTIONS FOR 1996
Item #16A8
AGREEMENT WITH THE ECONOMIC DEVELOPMENT COUNCIL OF COLLIER COUNTY, INC.
(EDC) TO EXECUTE CONTINUATION OF THE ECONOMIC DIVERSIFICATION PROGRAM;
AND PROVIDE A CONTRIBUTION OF UP TO $250,000 FOR FISCAL YEAR 1998-99
Item #16A9
EXCAVATION PERMIT NO. 59.648 "WINCHESTER LAKE COHMERCIAL EXCAVATION"
LOCATED IN SECTION 16, TOWNSHIP 48 SOUTH, RANGE 28 EAST, BOUNDED ON THE
NORTH BY LAND ZONED "ESTATES", ON THE EAST BY LAND ZONED
"AGRICULTURAL", ON THE SOUTH BY C.R. 858 AND LAND ZONED "ESTATES", ON
THE WEST BY THE FAKA UNION CANAL AND LAND ZONED "ESTATES"
Item #16A10 - Added
APPROVAL FOR RECORDING, THE FINAL PLAT OF "THE PRESERVE AT THE SHORES
AT BERKSHIRE LAKES" AND APPROAL OF THE PERFORMANCE SECURITY SUBJECT TO
CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT
Item #16B1
CHAIRMAN TO ACCEPT THE RECYCLING & EDUCATION, WASTE TIRE, AND LITTER
CONTROL AND PREVENTION GRANT AGREEMENTS AND SOLID WASTE DIRECTOR TO
SIGN THE AGREEMENTS
Item #1682
BID #98-2836, "GOLDEN GATE BEAUTIFICATION HSTU/HSTD ROADWAY GROUNDS
MAINTENANCE - AWARDED TO COHMERCIAL LAND MAINTENANCE, INC.
Item #1683
BID NO. 98-2817 "PURCHASE/DELIVERY OF FERTILIZER" FOR FY 1998/99 -
AWARDED TO TERRA INTERNATIONAL DBA TERRA
Item #1684
BID #98-2837 FOR ANNUAL WATER AND WASTEWATER TREATMENT CHEMICALS FOR
FISCAL YEAR 1998/99 - AWARDED TO VARIOUS VENDORS AS LISTED IN THE
EXECUTIVE SUMMARY
Item #1685
BID NO. 98-2845 BLUEBILL PARK BUFFER PLANTING AWARDED TO HANNULA
LANDSCAPING, INC. IN THE AMOUNT OF $69,260.00
Item #16C1
RESOLUTION 98-414 AND LEASE AGREEMENT BETWEEN COLLIER COUNTY AND STATE
OF FLORIDA DEPARTMENT OF HEALTH ALLOWING USE OF A PORTION OF A
COUNTY-OWNED BUILDING KNOWN AS THE HEALTH BUILDING LOCATED IN IHMOKALEE
Item #16C2
AGREEMENT WITH THE COLLIER COUNTY SCHOOL BOARD FOR SUHMER CAMP FIELD
TRIP TRANSPORTATION
Item #16C3
AGREEHENT BETWEEN NAPLES COHMUNITY HOSPITAL AND COLLIER COUNTY ALLOWING
FOR THE PERFORMANCE OF AUTOPSIES AT THE COUNTY MEDICAL EXAMINER
BUILDING
Item #16C4
CORRECTION OF A SCRIVENER'S ERROR TO A CONSTRUCTION AGREEMENT WITH
GULFCOAST SKIMHERS
Item #16D1
CONTRACTUAL AGREEMENT WITH THE CITY OF MARCO ISLAND FOR FIRE PROTECTION
SERVICES FOR GOODLAND AND KEY MARCO SERVICE AREA
Item #16El
BUDGET AMENDMENTS 98-447, 98-455, 98-456 & 98-460
Item #16G1
MISCELLANEOUS CORRESPONDENCE - FILE 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 - Continued to 10/13/98
PROCUREMENT OF THE R&S INTEGRATED PRODUCT SERVICES, INC. IMAGING
SOFTWARE AND GATEWAY COMPUTERS HARDWARE FORAN IMAGING SYSTEM
Item #1611
PROPOSED SETTLEMENT OF THE LAWSUIT ENTITLED PENNY RODRIGUEZ VS. COLLIER
COUNTY, CASE NO. 97-0060-01-TB, AND THE CHAIRMAN TO EXECUTE THE
NECESSARY SETTLEMENT DOCUMENTS
Item #16J1
AVIGATION EASEHENT OVER SECTION 13 OF THE FIDDLER'S CREEK PLANNED UNIT
DEVELOPMENT FROM DY ASSOCIATES JOINT VENTURE TO COLLIER COUNTY AND THE
COLLIER COUNTY AIRPORT AUTHORITY
Item #16J2
BUDGET AMENDHENT THAT INCREASES THE BUDGET FOR FUEL SALES AND INCREASES
APPROPRIATIONS BY $75,600.00
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 10:42 a.m.
BOARD OF COUNTY COHMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
BARBARA B. BERRY, CHAIRPERSON
ATTEST:
DWIGHT E. BROCK, CLERK
These minutes approved by the Board on
as presented or as corrected
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING
SERVICE, INC., BY CHERIE' R. LEONE, NOTARY PUBLIC