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BCC Minutes 03/28/2000 RMarch 28, 2000 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, March 28, 2000 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special 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: ALSO PRESENT: CHAIRMAN: Timothy J. Constantine Barbara B. Berry James D. Carter Pamela S. Mac'Kie John C. Norris Tom Olliff, County Manager David Weigel, County Attorney Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, March 28, 2000 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY ADMINISTRATOR PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. 1 March 28, 2000 LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. INVOCATION - Reverend Robert Jacobs, Messiah Lutheran Church PLEDGE OF ALLEGIANCE APPROVAL OF AGENDAS APPROVAL OF CONSENT AGENDA. APPROVAL OF SUMMARY AGENDA APPROVAL OF REGULAR AGENDA. APPROVAL OF MINUTES A. Board of County Commissioners Workshop - March 7, 2000 PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) Proclamation proclaiming March 28, 2000 as Habitat for Humanity of Collier County Day in Celebration of the Construction of Its 300th Home. To be accepted by Dr. Sam Durso, President/Habitat for Humanity of Collier County 2) Proclamation proclaiming March 21,2000 as Naples Junior Civitan Club Day. To be accepted by Mr. David Fife, President, Junior Civitan Club 3) Proclamation recognizing Gator Osceola, Everglades City School, Census 2000 Committee poster contest winner. 4) Proclamation recognizing the Friends of the Parks. To be accepted by Ms. Karen Wood, East Naples Community Park; Ms. Evelyn Vidaurri, Immokalee Community Center; Ms. Lynn Allyn, Veterans Community Park; Ms. Carolee Steelman and Ms. Donna Koenig, Vineyards Community Park; Ms. Carole Timbers, President, Mr. and Mrs. Leon Eisenbud, Barefoot Beach; Ms. Ginny Stack, President, Sugden Regional Park, and Ms. Nancy Sineni, President, Tigertail Beach. B. SERVICE AWARDS 1) David Miller, Transportation - 15 Years 2 March 28, 2000 2) 3) 4) s) 7) s) 9) Pamela Moore, Children's Library - 10 Years Peggy Ruby, Parks & Recreation - 10 Years Jorge Gonzales, EMS ~ 5 Years James Turner, Building Inspector- 5 Years James Dix, Insp. & Plan Review - 5 Years Wayne Watson, EMS - 5 Years Izell Hall, Road & Bridge - 5 Years Lorraine Oldham, Community Development - 5 Years John Dunnuck, III - County Administration - 5 years C. PRESENTATIONS APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES PUBLIC PETITIONS Mr. & Mrs. Horbal regarding a Code Enforcement decision - removal of Java Plum trees. B. Ms. Karen Rigel regarding Immokalee Road. COUNTY ADMINISTRATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Response to request to consider the rezoning of the Naples Park Subdivision from RMF-6 (residential multi-family) to residential single family at the request of a representative of the Association of Property Owners of Naples Park. 2) THIS ITEM WAS CONTINUED FROM THE MARCH 14, 2000 MEETING Approve an alternative road impact fee calculation for the Naples Philharmonic Center for the Arts. B. PUBLIC WORKS 1) Award a Construction Contract to APAC - Florida, Inc. for the widening of Golden Gate Boulevard from CR 951 to Wilson Boulevard; Bid No. 00- 3039, CIE No. 62. 3 March 28, 2000 2) Approve staff request to transfer Six-Lane Improvements on Golden Gate Parkway from Airport Road to Santa Barbara Boulevard (The "Project") from Florida Department of Transportation (FDOT) Work Program to Collier County Work Program. 3) CONTINUED FROM MARCH 14, 2000: Transportation options for a portion of the roadway network bounded by Wiggins Pass Road, U.S. 41, Vanderbilt Drive and 111 th Avenue. 4) Presentation on Water Sources to address the supply of water through the Year 2020. 5) This item has been deleted. 6) Response to Board request for investigation of one-way extension of Piper Boulevard between Livingston Road and Strand Boulevard and request for direction for further study. 7) Declare an emergency condition and approve amendment No. 1 to the professional services agreement with Agnoli, Barber & Brundage, Inc. (AB&B), to incorporation Phase IV of Livingston Road design into the Phase III design while maintaining the same plan production schedule. Project No's 60071, 62071, 62061. C. PUBLIC SERVICES D. SUPPORT SERVICES E. COUNTY ADMINISTRATOR F. AIRPORT AUTHORITY G. EMERGENCYSERVICES COUNTY ATTORNEY'S REPORT BOARD OF COUNTY COMMISSIONERS Discussion regarding Everglades Restudy funding options (Commissioner Mac'Kie). 4 March 28, 2000 11. Appointment of member to the Ochopee Fire Control District Advisory Committee. C. Reconsideration of renaming of the Collier County Courthouse. Discussion regarding results of Golden Gate Estates Area Civic Association Survey Results. (Commissioner Constantine) Appointment of member to the Golden Gate Community Center Advisory Committee. OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS 1) Joint Presentation of the Certificate of Achievement for Excellence in Financial Reporting and the Distinguished Budget Presentation Award. 2) Presentation of the Comprehensive Annual Financial Report for the Fiscal Year Ended September 30, 1999. 3) Department of Finance and Accounting seeks approval to file State of Florida Annual Local Government Financial Report for Fiscal Year 1998- 99. B. PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS C. OTHER 1) Conduct a Public Hearing to receive comments concerning a Community Development Block Grant application; and approve a Resolution authorizing the County Manager to apply for a $350,000 Economic Development Grant offered through the Florida Department of Community 5 March 28, 2000 13. 14. 15. Affairs. 2) An Emergency Ordinance amending Ordinance No. 95-66, the Collier County Vehicle for Hire Ordinance - (subsection 142.35(b) of the County's Code of Laws and Ordinances) - to authorize a temporary emergency increase in taxicab rates due to the extraordinary increase in motor vehicle fuel costs; providing for conflict and severability; providing for inclusion into the Code of Laws and Ordinances; providing special effective date. 3) CONTINUED TO APRIL 11, 2000 MEETING: To consider adoption of an ordinance to amend Collier County's Noise Ordinance No. 90-17, as amended; lowers by five decibels Table I Noise Levels Applicable to Residential Tourist Residential and Commercial Property; adds Table II - Maximum Noise Levels to be Tested by Octave Band Analysis; adds vibration standards applicable to residential and tourist residential sites and units; amends parts of Section F; provides for conflict and severability; provides for inclusion into the Code of Laws and Ordinances; provides for a delayed effective date. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS 1) Petition V-99-28, Richard and Leslie Lilien requesting a 5.5 foot variance from the required 7.5 foot setback to 2 feet for property located at 10262 Vanderbilt Drive, further described as Lot 26, Block 40, Naples Park Unit 6, in Section 28, Township 46 South, range 25 East, Collier County, Florida. B. OTHER STAFF'S COMMUNICATIONS BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. 6 March 28, 2000 COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) To receive Board approval of a Newsrack Agreement and Waiver of Liability form. 2) Petition C-2000-5, Mario Valle, representing Gulf Coast High School Band Boosters, requesting an After-The-Fact permit for a carnival that was held March 9, 10, 11 and 12, 2000, on property adjacent to the high school grounds located at 8200 Immokalee Road. 3) Authorization of a 100% waiver of impact fees for one house to be built by Antonio Ramirez at 5469 Hardee Street in Naples Manor Addition, Collier County, Florida. 4) Deferral of one hundred percent of the impact fees for a 104 unit affordable housing project to be built by Wild Pines of Naples, Phase II, LTD., a Florida Corporation known as Wild Pines Apartments Affordable Rental Units. 5) Authorization of a 75% deferral of impact fees for one house to be built by Erika Abrams at 5013 Catalina Court, in Colony Pines, Collier County. 6) Recommendation to approve Commercial Excavation Permit No. 59.732, "Creative Excavating, U 39, TR 68" located in Section 5, township 48 South, Range 28 East: bounded on the east, south, and west by vacant land zoned Estates, and on the north by 54th Avenue, N.E. 7) Recommendation to approve commercial excavation Permit No. 59.731, "Jim Weeks Commercial Excavation TR 93, U 72" located in Section 28, Township 48 South, Range 28 East, bounded on the north, south, and west by vacant zoned estates, and on the east by DeSoto Boulevard. 8) Final Acceptance of water facilities for Yarberry Lane House of Worship. 9) Request to approve for recording the final plat of "Pelican Marsh Unit Nineteen", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. 10) Request to approve for recording the final plat of "White Lake Corporate Park, Phase Three", and approval of the Standard Form Construction and 7 March 28, 2000 Maintenance Agreement and approval of the amount of the performance security. 11 ) Final Acceptance of water facilities for St. Croix at Pelican Marsh. PUBLIC WORKS 1) This item has been deleted. 2) Award Bid 99-3005 to selected firms for manhole, lift station and wet well rehabilitation contracting services. 3) Approve Work Order WMBP-FT-00-01 to Wilson Miller, Inc. for Engineering Services related to proposed improvements to the Potable Water System in Pelican Bay, Project 74023. 4) Approve Change Order to the North County Regional Water Treatment Plant 8-MGD Expansion, Bid 97-269OR, Project 70859/70828. 5) Request approval to use funds from the Solid Waste Tire Grant to provide safety play surface at various locations in Collier County. 6) Approve Amendment No. 2 to the Professional Services Agreement with Wilson Miller, Inc. for the Gordon River Extension Basin Study (Phase III) Project #31005. 7) Authorize funds for Professional Services to perform post-construction monitoring requirements for the Collier County Beach Restoration Project. 8) Approve staff ranking of firms for Contract Negotiations for Grade Separation Study, RFP #99-3010. 9) Authorize the Chairman of the Board of County Commissioners to execute a Sovereign Submerged Lands Easement for the Water Turkey Bay Maintenance Dredging Project. 10) Approve funding for a Work Order with Hartman & Associates, Inc., for Engineering Services related to noise issues at the North County Regional Water Treatment Facility, Project 70063. 11) This item has been deleted. 8 March 28, 2000 Dm Approve a Developer Contribution Agreement between the County, SUNCO Building Corporation and the Islandwalk Development Company for provision of Right-of-Way and Stormwater Management Facilities related to the future extension of Logan Boulevard one mile north of Vanderbilt Beach Road. Award Bid No. 00-3042 "Purchase of One (1) Portable Self-Contained Vacuum Unit". 14) Award Bid No. 99-3029 "Purchase of Seven (7) Trailer Mounted Portable Generators." Approve a Resolution directing that certain roadways in the Unincorporated Area of Collier County be maintained by Collier County. Award a Contract to Surety Construction Company to construct a sound attenuating enclosure for effluent transfer pumps at the South County Reclamation Facility, Bid 00-3049, Project 73916. 17) Approve Work Order No. SMT-FT-00-04 with Southern Mapping Technology, Inc. for an aerial survey of the proposed widening of Vanderbilt Beach Road from Airport Road to CR-951 (Collier Boulevard), Project No. 63051, CIE #63. Award Construction Engineering Inspections Services Contract to Wilson Miller, Inc. for the widening of Golden Gate Boulevard, Collier County Project No. 63041, CIE No. 62, RFP #99-3022. PUBLIC SERVICES 1) Approval of a resolution and certification by the Board of County Commissioners and signature of the Chairman permitting the Collier County Public Library to apply for a State Construction Grant to enlarge the Immokalee Branch Library. SUPPORTSERVICES 1) Approval of Amendment No. 2 for Architectural Services for the Design of the Immokalee Jail Center, RFP #98-2867. 9 March 28, 2000 2) Appropriate Carryforward Funds in Human Resources Information System Capital Projects Budget. 3) Renewal and Approval of Prequalified List of Appraisers and Appraisal Firms for Real Estate Appraisal and Valuation Services. 4) Approval to Modify Authorization Method of Bid #99-2978 for Painting Contract. 5) Enter into an Agreement with Coastland Center for Exhibitor Space During National County Government Week, April 17-22, 2000. 6) Resolution for Approving the Satisfaction of Lien for a Certain Residential Account Wherein the County has Received Payment and Said Lien is Satisfied in Full for the 1992 Solid Waste Collection and Disposal Services Special Assessments. 7) Resolution for Approving the Satisfactions of Liens for Certain Residential Accounts Wherein the County has received Payment and said Liens are Satisfied in Full for the 1994 Solid Waste Collection and Disposal Services Special Assessments. 8) Resolution for Approving the Satisfaction of Lien for a Certain Residential Account Wherein the County has received Payment and said Lien is Satisfied in Full for the 1991 Solid Waste Collection and Disposal Services Special Assessments. COUNTY ADMINISTRATOR 1) Approval of Budget Amendment Report - Budget Amendment #00-168; #00-172; #00-179; #00-180. BOARD OF COUNTY COMMISSIONERS 1) Resolution of the Board of County Commissioners supporting the candidacy and election of Commissioner Rudy Malloy to the position of NACo Second Vice President. (Commissioner Constantine) EMERGENCY SERVICES 10 March 28, 2000 17. 1) Appropriate revenue from donated moneys for purchase of Automatic External Defibrillators to be placed in high risk locations in Collier County. 2) Approval of an agreement between the State of Florida Department of Community Affairs and Collier County, Florida to accept State and Local Assistance (SLA) Funding for Local Emergency Management. H. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. I. OTHER CONSTITUTIONAL OFFICERS 1) Request that the Board of County Commissioners authorize expenditure of Budgeted 301 Funds for the purchase of 800 MHz portable radios for the Sheriff's Office. 2) Recommend that the Board of County Commissioners serve as the Local Coordinator Unit of Government in the State of Florida's Department of Community Affairs Anti-Drug Abuse Act Formula Grant Program. J. COUNTY ATTORNEY l) Recommendation that the Board of County Commissioners approve a litigation position and legal secretary position in the Office of the County Attorney and approve the necessary budget amendments. 2) Recommendation that the Board of County Commissioners authorize the employment of a land use attorney and legal secretary to be dedicated to the Community Development and Environmental Services issues and approve the necessary budget amendments. K. AIRPORT AUTHORITY SUMMARY AGENDA- THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS iI March 28, 2000 ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. An Ordinance amending Collier County Ordinance No. 93-20, the Disaster Recovery Task Force Ordinance; amending Section Four, "Composition, Appointment, Terms of Office of Recovery Task Force," by revising the membership to twenty-seven to include a member from the City of Marco Island; amending Section Five, "Removal From Office; Failure to Attend Meetings," to conform with the requirements of Collier County Ordinance No. 86-41, as amended; providing for conflict and severability; providing for inclusion in Code of Laws and Ordinances; and providing an effective date. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383. 12 March 28, 2000 March 28, 2000 Item #3A, B,&C CONSENT, SUMMARY AND REGULAR AGENDA - APPROVED AND/OR ADOPTED WITH CHANGES CHAIRMAN CONSTANTINE: Good morning, and welcome to the March 28th, 2000 meeting of the Board of County Commissioners. If you'd join me in standing, we have Reverend Robert Jacobs from the Messiah Lutheran Church with us to say the invocation. REVEREND JACOBS: Dear heavenly Father, as we come to you this day, we thank you for the many blessings you bring into our life, the gift of family and friends, the opportunity to live our lives in service unto other people. Especially do we ask you for your guidance and direction upon this County Board of Commissioners today. They have many unique items on their agenda, and many things which will affect the lives of the people of this county. And we just ask that you will give them that outpouring of your direction and guidance. As they deliberate and as they have studied many of these issues, may they come to that decision which will best serve the interest of your creation, the people of this county, and to our nation. We ask also your gift of healing upon Commissioner Norris and upon Commissioner Carter later on in his surgery. You are the one who heals. And we ask that you will bring that healing and renewed strength into their lives. As we begin this day, we begin with that confidence of knowing that you are a God who cares and provides for all of our needs. Through Jesus Christ our Lord, we ask this all. Amen. CHAIRMAN CONSTANTINE: If you'd stay standing and join us in the pledge to the flag. (Pledge of Allegiance was recited in unison.) CHAIRMAN CONSTANTINE: Mr. Olliff, I understand we have a very short change list this morning. MR. OLLIFF: Yes, sir, we do. Good morning. The change list is a full list of one single item. If you would, Page 2 March 28, 2000 there's a staff request that we move Item 16(B)(2), which is an award for some manhole lift station and wet well contracting services, to Item 8(B)(8), under public works. The only other item is just a note that under the staff communications, we will -- would like to discuss with you the BCC meeting schedule through the month of May. I think there's some suggestions that have been provided to you in advance earlier this week, and maybe we can have a revised schedule. CHAIRMAN CONSTANTINE: Sounds good. Mr. Weigel, do you have any changes? MR. WEIGEL: None, thank you. CHAIRMAN CONSTANTINE: Commissioner Berry? COMMISSIONER BERRY: Nothing. CHAIRMAN CONSTANTINE: Commissioner Norris? COMMISSIONER CARTER: Nothing. CHAIRMAN CONSTANTINE: Commissioner Carter? COMMISSIONER CARTER: Nothing. CHAIRMAN CONSTANTINE: Commissioner Mac'Kie? COMMISSIONER MAC'KIE: None. CHAIRMAN CONSTANTINE: With that, do we have a motion to approve the agenda, consent agenda and summary agenda? COMMISSIONER MAC'KIE: So moved. COMMISSIONER CARTER: Second. CHAIRMAN CONSTANTINE: in favor, please state aye. Anybody opposed? (No response.) CHAIRMAN CONSTANTINE: Motion and a second. All those Motion carries 5-0. Page 3 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING MARCH 28, 2000 MOVE: ITEM 16(B)(2) TO 8(B){8) - AWARD BID 99-3005 TO SELECTED FIRMS FOR MANHOLE, LIFT STATION AND WET WELL REHABILITATION CONTRACTING SERVICES. (STAFF'S REQUEST). STAFF COMMUNICATION 1. DISCUSS BCC MEETING DATES FOR THE MONTH OF MAY. March 28, 2000 Item #4 MINUTES OF THE BCC WORKSHOP OF MARCH 7, 2000 - APPROVED AS PRESENTED Approval of the minutes of the board workshop, March 7th. COMMISSIONER BERRY: So moved. COMMISSIONER MAC'KIE: Second. CHAIRMAN CONSTANTINE: Motion and a second. Any objections? (No response.) CHAIRMAN CONSTANTINE: Seeing none, motion carries. Item #5A1 PROCLAMATION PROCLAIMING MARCH 20, 2000 AS HABITAT FOR HUMANITY OF COLLIER COUNTY DAY IN CELEBRATION OF THE CONSTRUCTION OF ITS 300TM HOME - ADOPTED Takes us on to proclamations and service awards. Commissioner Mac'Kie, you have a proclamation for Habitat for Humanity. COMMISSIONER MAC'KIE: I do. I'm looking for it in my '- here it is right here. If we -- is Dr. Durso, Sam Durso with us? There he is this morning. Come forward, we're going to tell you guys a wonderful thing that's happened with Habitat for Humanity. Whereas '- CHAIRMAN CONSTANTINE: You know, before you get started, I was just thinking, it's a good thing these aren't government hammers, because they would be valued at more than $50. DR. DURSO: They're less than a dollar. COMMISSIONER MAC'KIE: WHEREAS, Habitat for Humanity of Collier County began its mission in 1978 to eliminate poverty housing; and WHEREAS, Habitat volunteers and homeowners have built Page 4 March 28, 2000 200 homes in Immokalee, and t00 homes in Naples; and WHEREAS, the lives of the Habitat families, comprised of 1,500 residents of Collier County, have become enriched through the pride of first-time home ownership; and WHEREAS, each of the 300 Habitat families worked over 500 sweat equity hours to build other Habitat homes, as well as their own; and WHEREAS, each of the 300 Habitat homeowners buys the home at cost from Habitat and pays an interest-free mortgage for 20 years; and WHEREAS, each of the 300 Habitat families pledge to partner with Habitat to build not only homes but a community; and WHEREAS, the Habitat for Humanity of Collier County board of directors, volunteers and staff are committed to build an additional 250 homes for other deserving Collier County families by 2005. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida that March 28th, 2000 be designated as Habitat for Humanity of Collier County Day, in celebration of the construction of its 300th home. DONE AND ORDERED THIS 28th day of March, 2000, Board of County Commissioners, Tim Constantine, Chairman. I'm honored to move the acceptance of this proclamation. COMMISSIONER NORRIS: Second. CHAIRMAN CONSTANTINE: Motion and a second. Any objection? (No response.) CHAIRMAN CONSTANTINE: Motion carries 5-0. COMMISSIONER MAC'KIE: Wonderful. (Applause.) COMMISSIONER MAC'KIE: If you want to say something, go on the mike and do so. Commissioner Berry and I had the pleasure of being at the ribbon cutting, so to speak, of the 300th home yesterday. And I'm sure she joins me in saying it was a very touching experience. A kid-built house. A lot of Lely High School students Page 5 March 28, 2000 worked on that house. DR. DURSO: I'll limit myself to about 15 minutes. COMMISSIONER MAC'KIE: He's going to preach. DR. DURSO: No, I won't. Yesterday Millit Fuller, who's the founder of Habitat, visited us. And he's an inspirational person. And 24 years ago he had the vision to eliminate poverty housing in the world. Crazy idea. But in the last 24 years, Habitat has built 100,000 houses in the world. In the next five years, Habitat for Humanity will complete another t00,000 houses. Collier County is a unique Habitat for Humanity chapter. We're the sixth largest chapter in the country, even though this county is very small in population. But it's inexcusable for substandard housing to still exist in this county because of the wealth that exists in this county. And we're committed to end poverty housing is this county. Millit Fuller has asked us to set a date, at which time we'll do that. It's very difficult. I'm going to sit down with Greg Mihalic, and we're going to come up with some kind of plan. I would like to see it happen in my lifetime, and that's my goal. Thank you very much. CHAIRMAN CONSTANTINE: Thanks, Sam. COMMISSIONER CARTER: Okay, thank you, Sam. (Applause.) Item #5A2 PROCLAMATION PROCLAIMING MARCH 21, 2000 AS NAPLES JUNIOR CIVITAN CLUB DAY - ADOPTED CHAIRMAN CONSTANTINE: Commissioner Carter, you have a proclamation for us this morning. COMMISSIONER CARTER: Yes. If Mr. David Fife would come forward this morning. Turn around and give TV land your best smile. WHEREAS, the Neapolitan Civitan Club is sponsoring the Naples Junior Civitan Club, a part of an international organization dedicated to helping our youth unite to make a difference in our Page 6 March 28, 2000 society; and WHEREAS, Junior Civitan teaches our youth to be builders of good citizenship, being centered on helping the communities, while supporting the members to live fuller and unselfish lives; and WHEREAS, Junior Civitan is progressive in a world of change, and their members have pledged to be aware citizens, seeking to meet the needs of the world in order to ensure a better future of all people; and WHEREAS, the Naples Junior Civitan Club has made a commitment to help other citizens of the world that are in need in their desire to make this a better world in which to live; and WHEREAS, a group of dedicated local youths are founding the Naples Junior Civitan Club by directing their energies to help Naples Community and their fellow citizens; and WHEREAS, the Naples Junior Civitan Club's pledge will further benefit the Naples community and have positive effect on the citizens. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that March 21, 2000, be designated as Naples Junior Civitan Club Day. DONE AND ORDERED THIS 28th day of March, 2000, Board of County Commissioners, Collier County, Florida, Timothy J. Constantine, Chairman. Mr. Chairman, I move that we accept this proclamation. COMMISSIONER MAC'KIE: Second. Motion and a second. All those CHAIRMAN CONSTANTINE: in favor, please state aye. (Unanimous vote of ayes.) CHAIRMAN CONSTANTINE: (Applause.) Motion carries 5-0. COMMISSIONER CARTER: Do you want to say anything to us, sir? Step right up to the mike. MR. FIFE: I'd like to thank you for this proclamation, and I hope that our club can help the community and meet you -- everybody's standards of what you would expect to be done. We have several projects coming up. We are working on our Page 7 March 28, 2000 fundraisers now. And all I could ask is that we have the support of our community to help us get this done and help out families that need help, and underprivileged children. Thank you. COMMISSIONER CARTER: Thank you, David. (Applause.) CHAIRMAN CONSTANTINE: David Fife. Item #5A3 PROCLAMATION PROCLAIMING GATOR OSCEOLA, EVERGLADES CITY SCHOOL, CENSUS 2000 COMMITTEE POSTER CONTEST WINNER - ADOPTED Barbara Berry, proclamation recognizing Gator Osceola. COMMISSIONER BERRY: Absolutely. If Gator's here, and I think I see him back there, if he would come up. And I think his art teacher may be back there as well. CHAIRMAN CONSTANTINE: Can we get one of these up on the display? COMMISSIONER MAC'KIE: That's a great idea. COMMISSIONER BERRY: Can we put this on the visualizer? COMMISSIONER MAC'KIE: Let people see his work. COMMISSIONER BERRY: If you want to turn around and face the TV camera, I'd like you to do that. You just turn around and just stand there and that camera will get you. COMMISSIONER MAC'KIE: Say hi to mom. COMMISSIONER BERRY: This is a great honor and I'm very pleased to be able to read this proclamation. Gator is a fifth grade student in the Everglades City schools. And for those of you that might not be familiar, the Everglades City schools is one of the few K-12 schools in the State of Florida. Back when I was on the school board, there were only like five or six in the entire state. And I don't know how that's changed since I was there, but I do know that it's one of the few K-12 schools. Very unique situation. Many of you, perhaps, depending on where you lived, may have gone to a K-12 school. And it's a very unique situation. Page 8 March 28, 2000 And Gator's very lucky, they have a brand new school down there. Don't you? MR. OSCEOLA: Yes. COMMISSIONER BERRY: Right. And is your art teacher here? MR. OSCEOLA: Yes. COMMISSIONER BERRY: Could you intro -- could you tell us who your art teacher is? MR. OSCEOLA: Mr. Tribble. COMMISSIONER BERRY: Would you have Mr. Tribble come up here and stand with you? MR. OSCEOLA: Mr. Tribble, over here. Oh, there you are. COMMISSIONER BERRY: Mr. Tribble's been an art teacher down in the Everglades City school 24 years. Anyway, at this time, I'd like to read this proclamation. It says: WHEREAS, Collier County government initiated a Census 2000 public awareness and education campaign to encourage residents to fill out and mail in their questionnaires; and WHEREAS, Census 2000 is vital to the future of Collier County, because results determine the amount of federal funding allocated here for 10 years that will be used for roads, education, health care, social services, libraries, senior centers, and other community needs; and WHEREAS, children are an especially critical element in the overall success of the Census 2000 count. And in 1990 more than four million persons were missed in the United States. And more than half of those were children; and WHEREAS, the local Census 2000 committee staged a poster contest to get school children involved in spreading the word about the significance of the count; and WHEREAS, more than 300 poster entries were received from first through fifth grade students in schools throughout Collier County, and were judged by a team of professional designers; and WHEREAS, the winner was fifth grade student Gator Osceola of Everglades City School. Page 9 March 28, 2000 NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida that we are recognizing Gator Osceola today, Tuesday, March 28th, 2000, for his achievement and congratulating him for his exceptionally artistic and thoughtful poster. We thank you for sharing your creativity with us and helping in our efforts to promote Census 2000. DONE AND ORDERED THIS 28th day of March, 2000, Board of County Commissioners, Collier County, Florida, Timothy J. Constantine, Chairman. Mr. Chairman, I -- it's my pleasure and my proudest moment to extend and move this proclamation. COMMISSIONER MAC'KIE: Second. CHAIRMAN CONSTANTINE: Motion and a second. Any discussion? All those in favor of the motion, state aye. (Unanimous vote of ayes.) COMMISSIONER BERRY: And I'd also like to thank Mr. Tribble. (Applause.) Item #5A4 PROCLAMATION RECOGNIZING THE FRIENDS OF THE PARKS - ADOPTED CHAIRMAN CONSTANTINE: And Commissioner Norris, you have a proclamation recognizing Friends of the Parks. COMMISSIONER NORRIS: I do indeed. And we have a whole group of people supposed to be here. Let me see if we can get them up here. Karen Wood, from the East Naples Community Park, would you please come up? Evelyn Vidaurri, Immokalee Community Center; Lynn Allyn, Veterans Community Park; Carolee Steelman and Donna Koenig, Vineyards Community Park; Carol Timbers, president; Mr. and Mrs. Leon Eisenbud, from Barefoot Beach; Ginny Stack, president, Sugden Regional Park; and Nancy Sineni, president of Tiger Tail; and Mr. and Mrs. Harold Saylor, Friends of Barefoot Beach. Page 10 March 28, 2000 If you all would come up here and face the cameras, I'll read this proclamation for you. Thank you all for coming. Proclamation reads: WHEREAS, the friends of Barefoot Beach, East Naples, Immokalee, Tiger Tail Beach, Sugden, Veterans and Vineyard community parks, and all our program volunteers are an integral part of the Collier County park system; and WHEREAS, in the past year, the Friends of the Parks and our program volunteers have contributed $10,392 in donations, and over 79,000 volunteer hours; and WHEREAS, their efforts have educated park patrons, made park improvements, assisted in youth activities and program scholarships for children; and WHEREAS, the Friends of the Parks and volunteers have pledged their time to continue this endeavor of enrichment to the Collier County park system; and WHEREAS, the quality of life in Collier County would be reduced without their presence. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that gratitude and appreciation is extended to the membership of all the Friends of the Parks for their successful partnership between the public and private sectors of the community. We the Board of County Commissioners do affirm our commitment to a high quality park system and honor these citizens who have given time and service to Collier County. DONE AND ORDERED THIS 28th day of March, 2000, by the Board of County Commissioners, Timothy J. Constantine, Chairman. And Mr. Chairman, I move that we accept this proclamation. COMMISSIONER BERRY: Second it. COMMISSIONER MAC'KIE: Second. CHAIRMAN CONSTANTINE: There's a motion, and there's a second. All those in favor, please state aye. Anybody opposed? (No response.) CHAIRMAN CONSTANTINE: Motion carries 5-0. Page 11 March 28, 2000 (Applause.) Item #5B EMPLOYEE SERVICE AWARDS - PRESENTED CHAIRMAN CONSTANTINE: Which brings us to service awards. Apparently early spring is a good hiring time. We have several people who are celebrating their anniversary with us today; these first few celebrating five years with the county. First, from county administration, a gentleman who started his career in Golden Gate Community Center, John Dunnick, III. (Applause.) CHAIRMAN CONSTANTINE: development, Lori Oldham. (Applause.) CHAIRMAN CONSTANTINE: And five years currently with road and bridge, Izell Hall. (Applause.) COMMISSIONER MAC'KIE: folks in the county. CHAIRMAN CONSTANTINE: EMS, five years, Wayne Watson. (Applause.) CHAIRMAN CONSTANTINE: From inspection and plan review, five years, James Dix. (Applause.) CHAIRMAN CONSTANTINE: five years, celebrating today, James Turner. (Applause.) CHAIRMAN CONSTANTINE: And five years also with EMS, Jorge Gonzalez. MS. FLAGG: Unfortunately, he wasn't able to attend today. CHAIRMAN CONSTANTINE: Accepting on behalf of Jorge, Diane Flagg. COMMISSIONER MAC'KIE: All the way in from Hawaii. CHAIRMAN CONSTANTINE: And celebrating 10 years with Also five years with community Some of the hardest working Speaking of hard working, with Building review and permitting, Page 12 March 28, 2000 Us, getting the -- what is that yellow stone? COMMISSIONER MAC'KIE: Citron. CHAIRMAN CONSTANTINE: With a citron stone for 10 years service, Peg Ruby, from Parks and Recreation. COMMISSIONER MAC'KIE: Maybe a yellow diamond. (Applause.) CHAIRMAN CONSTANTINE: And from our library, celebrating 10 years with the county, Pamela Moore. (Applause.) COMMISSIONER MAC'KIE: Pam works in the children's library, and I'll tell you, she's got a lot of kids who know her, and she does a lot of good for our community. Lot of good public relations. CHAIRMAN CONSTANTINE: That concludes our service awards for today. Are we going to hear any clerk's items now? His items will be later on the agenda. Item #7A MR. & MRS. HORBAL REGARDING A CODE ENFORCEMENT DECISION - REMOVAL OF JAVA PLUM TREES - STAFF DIRECTED TO RETURN THE FIRST MEETING IN MAY WITH A HORTICULTURE REPORT Public petitions. We have two today. And just so -- I think this has probably been explained to the people who are doing the petitioning, but for anyone who is not aware, our public petitions work as follows: And that is you have 10 minutes to make a presentation, and there's usually no specific board action, though we may have some input or response. And we always have the option to place it on a future agenda for particular action. Our first public petition is Mr. and Mrs. Horbal, regarding a code enforcement decision, removal of Java Plum trees. Good morning. MRS. HORBAL: Good morning. I have copies here. Can I Page 13 March 28, 2000 present those to you all? CHAIRMAN CONSTANTINE: Sure. Could you give them to Mr. Weigel, and then for the record, if you would introduce yourself. MRS. HORBAL: My name is Mrs. Horbal, Mrs. Cheryl Horbal. My husband was unable to attend today, due to work obligations. CHAIRMAN CONSTANTINE: Go ahead. MRS. HORBAL: Good morning, and thank you for the time. Again, my name is Cheryl Horbal, and my husband and I are respectfully requesting a variance be granted on the following case. It was brought to our attention during the week of April 26th, 1999 by Ms. Alexandra Sulecki, from Collier County Code Enforcement, that we had two Java Plum trees on our property that had to be removed within 30 days. Ms. Sulecki and I exchanged words and correspondence up until the time I requested an appearance before the citizens review board. The citizens review board felt I should come before the commissioners to present my case. These are the following facts: We purchased our home in 1997, receiving our CO, our final CO, and a clean CO from the county on February 17th, 1998. We moved into our new home in March. 14 months later, on April 26th, Collier County Code Enforcement contacted us in person. I started gathering information and facts in order to appear before the citizen review board. And the following are the facts that I have attained and would like to present to you. Our builder, Rotland (phonetic) Homes, followed the current Longshore Lake PUD. The inspector who was responsible for signing off on the job card for our property was at our location at least half a dozen times. He was actively involved in the landscaping design because of the county requirements regarding the sewer station, which is located in the front of our home. CHAIRMAN CONSTANTINE: Before you go through everything, this actually is spelling itself out fairly clear. There is a process to request this. And rather than make you go through it now and go through it a second time -- Page 14 March 28, 2000 MRS. HORBAL: Okay. CHAIRMAN CONSTANTINE: -- Mr. Olliff, can we have somebody assist her in taking the steps to go through that process? Because I just glanced ahead. I'm reading what -- and they've come on property and so on. She may have a legitimate case, and we probably ought to put this on a regular agenda item, rather than go through it twice. MR. OLLIFF: We can. We'll have Michelle, I think, work with her. But my understanding is that what she's particularly asking for is not an issue that the board actually has the ability to grant those particular type variances, I think because we've set up a process through the Code Enforcement Board, and that's the process that I believe this has already gone through. But Michelle can give us some more detail on that. CHAIRMAN CONSTANTINE: And Mr. Weigel, if someone appeals the Code Enforcement Board, does it ultimately come to us, or does that go to a court of law? Or what happens? MR. WEIGEL: No, it ultimately comes to the Board of County Commissioners. It does have to be done within the time frame of the code enforcement ordinance. And it's my understanding that the last action of the Code Enforcement Board may have been in January, and that we're beyond that time frame, is my understanding. COMMISSIONER MAC'KIE: Can we grant a variance on the time frame, or is that outside our authority? MR. WEIGEL: Well, there's no controlling -- there's no language in any ordinance that addresses that power. CHAIRMAN CONSTANTINE: There's no language that prohibits that, is there? MR. WEIGEL: Well, the criteria for variances are typically site related and not -- and structural related. And this doesn't seem to follow under either of those, under the Land Development Code. CHAIRMAN CONSTANTINE: And if we need to go through the entire explanation this morning, we will. I'm just trying to make it easier. If -- is there anybody on the board who would object us Page 15 March 28, 2000 having hearing briefly from staff, but having this item come before the board? COMMISSIONER MAC'KIE: Well, I guess I don't understand how we would have any authority to hear it. It sounds like that if they've missed their filing deadlines for appeal, if there's some reason why, if the county participated and caused you to miss your filing deadline for an appeal, then I would want to know that. But if the process that was -- was available to you and you just didn't avail yourself of it, I don't see how we can do anything about it. CHAIRMAN CONSTANTINE: Let's hear from Ms. Arnold. MS. ARNOLD: For the record, Michelle Arnold, code enforcement director. My understanding is that Ms. Horbal is not appealing the board's decision. She agrees -- well, I don't know if I want to stretch it to agree, but she understands why the board made the decision that they made. And what she's asking for your consideration is to exempt her from the rule to remove exotics. COMMISSIONER MAC'KIE: We can't do that. And God help us if we started that, because I know a lot of people who would be in here asking for it. I don't '- MRS. HORBAL: Well, can I '- CHAIRMAN CONSTANTINE: In that case, let's go through it. Because she does -- as you read through here, there are some unique things to this. I'm sorry for interrupting. I '- MRS. HORBAL: That's okay. CHAIRMAN CONSTANTINE: -- actually thought it would move it along. You go ahead, and we won't take that time away fro m you. MRS. HORBAL: All right, thank you. I appreciate it. Again, as I was saying, our builder did follow the current PUD. He did conform to that. And the inspector from the county was on our property at least half a dozen times, because we have a -- the main lift station for Longshore Lake is in the front of our property to the left-hand side. So there were some issues with drainage. And we had to conform our landscaping to the county requirements so that the water would not drain off onto Page t6 March 28, 2000 the top of the lift station. So the inspector was there, the same inspector who also inspected the landscaping. The inspector signed off on the landscaping that there were no exotics to be removed from the property. And I've put a copy of that in with my paperwork to you, so you can see that his signature is on there. We purchased this specific lot in Longshore Lake because of the trees. Our first concern that was brought to the builder was whether or not the trees were on our property and whether or not the trees could remain. We were told at that time yes, they were on our property and yes, they could remain because they were not on the current PUD, they were not listed as a tree that had to be removed, or as a plant that had to be removed. The trees are approximately 50 feet tall. They're pretty hard to miss. And they're somewhere between 20 and 25 years old. The back of our home faces west, or Valewood Drive. The trees provide us with abundant shade, privacy, a noise buffer from the traffic on Valewood, and are an integral part of our landscaping. And I've also included some pictures of our home, the backyard, in this packet. The trees provide us with much pleasure and are irreplaceable obviously at this stage in their life. The traffic on Valewood is in excess of 7,300 vehicles per day. Upon speaking with several neighbors who live on either side of me, those folks do not have the benefit of these types of trees, and they inform me that the noise is unbearable. They cannot leave their windows open, they cannot sit on the lanai, and they're unhappy with their new homes because of the traffic sounds. The county is now asking us to assume a financial responsibility for these trees that we would not have otherwise had if the inspector had done his job correctly from the beginning. In fact, we would not even have purchased this lot if we had known the trees had to be removed. We are now put in a position that was not of our doing. The removal of the trees would cost us approximately $1,800. The replacement cost would be near 3,000 to 4,000 per tree, with Page t7 March 28, 2000 months of prepping to ensure their survival. The Java Plum is a large, lush tree found in Florida. It's found from the west coast and the east coast from Sarasota and Cape Canaveral down, as well as in Collier County. The trees were brought here into Florida in 1877 and have flourished here because of the subtropical climate. They do not do well in colder regions, and they cannot live in water. They need dry, sandy soil to survive. The trees can grow as tall as 75 feet, or can be trimmed as a hedge. Now, what I did was I contacted a tree service here in Naples, obviously to get the estimate on removing the trees and also on replacing the trees. Davey Tree Service, Mr. Phil Buck, who's the owner here in Collier County, informs me that the Java Plum trees are abundant in Collier County, especially around the Lely Hibiscus area, Airport Road area, and of course directly across the street from the Collier County Government Center; there are about 50 of these trees that line the street on Horseshoe Drive. COMMISSIONER MAC'KIE: Could I --just because it sounds like I hope there is an avenue by which we can provide some relief. So I just want to interrupt you to ask Mr. Weigel to be thinking creatively to give us some avenue, because two points: One is if our inspector missed it, then it seems like that -- we should have to play some role in remedying the problem. And second, can somebody tell us what's wrong with Java Plums, why they're on our list of exotics to be removed anyway? It's not like it's a Brazilian pepper or '- MRS. HORBAL: Australian pine. COMMISSIONER MAC'KIE: Yeah. CHAIRMAN CONSTANTINE: No, and I don't think -- your note here indicates it was added in 1991. I think we actually added it in the mid '90's, because I remember someone standing at that podium, and I didn't think Java Plum should be added. If you remember, I joked about the '- COMMISSIONER MAC'KIE: Carrotwood. CHAIRMAN CONSTANTINE: -- Carrotwood. But there were so many things we were adding that year, and it seemed like Page 18 March 28, 2000 every year we were looking for new things to add to the exotics, and Java Plum was one of them sometime in the mid '90's. So it may or may not have even been on the list in 1997. MRS. HORBAL: Well, I know in 1996 when we were building our home, it was not on the current PUD for Longshore Lakes. And they have to follow the county guidelines, so '- COMMISSIONER MAC'KIE: So help us, Mr. Weigel. How can we provide some remedy? MR. WEIGEL: Happy to help. It looks like what we're going to have to deal with here is the exotic plant ordinance itself, not the variance ordinance under the LDC, not the exemptions that might be requested under the Code Enforcement Board. But it's certainly within your purview and power to go on record requesting staff to put a temporary halt while you review and study this and possibly amend the ordinance. You could also direct staff to come back with the horticultural report in regard to specific '- CHAIRMAN CONSTANTINE: Any objection to directing staff to do that? COMMISSIONER MAC'KIE: No, I like it. COMMISSIONER BERRY: No objection. CHAIRMAN CONSTANTINE: You have a time frame, Ms. Arnold, that you think you need to do that? Okay, one month it is. Let's -- two meetings from now, second meeting in April, whenever that may be. We're not actually sure; we're going to decide that at the end of the meeting. COMMISSIONER BERRY: How about the first meeting in May? CHAIRMAN CONSTANTINE: First meeting in May. Sounds like a good idea. That way we can address this appropriately and we'll see if we can't help you out. MRS. HORBAL: Okay. CHAIRMAN CONSTANTINE: Thank you very much. MRS. HORBAL: Thank you. Appreciate it. Item #7B Page t9 March 28, 2000 MS. KAREN RIGEL REGARDING IMMOKALEE ROAD - STAFF REPORT GIVEN REGARDING CURRENT DEVELOPMENTS IN SAFETY ISSUES ALONG IMMOKALEE ROAD CHAIRMAN CONSTANTINE: Which takes us to Item 7(B), public petition, Ms. Karen Rigel regarding Immokalee Road. You've got some assistance this morning. COMMISSIONER MAC'KIE: Good. MS. DOWNEY: My name is actually Shannon Downey, a student from Gulf Coast High School. And we have been working on these petitions since -- three weeks. We collected over 3,300 signatures. They're for improvements on Immokalee Road. We lost a good friend of ours, and we all drive on this road every day, and we're hoping that something more has already been done -- because we've seen a lot of improvements and are very, very happy with them in the last couple of weeks -- can be done to make it safer for all of us to drive on this road. CHAIRMAN CONSTANTINE: I will tell you, we don't get very many petitions wrapped in a bow. MS. RIGEL: And I am Karen Rigel. And I wanted to tell you a little bit how this idea came about. My good friend and neighbor Cheryl Horbal and I were discussing our mutual concerns and fears for our own children who have to cross Immokalee every single morning to get to school. As we all know, Immokalee Road is one of Collier County's most dangerous roads. One morning I went at 6:45 a.m. to observe what was going on. And as I stood there, I watched drivers waiting for a break in the traffic, and then they would take off in frightening speeds to get across safely. It was horrifying and totally unacceptable. At that moment I began to organize our community through an E-mail campaign to address all the safety concerns that we had. Several people responded to our invitation to plan steps of action, when, sadly, the tragic death of Melissa Schultz occurred. To her parents, we all express our sorrow. Melissa was an excellent student and a good friend of many. On that morning Page 20 March 28, 2000 she was only doing what she was supposed to do, get to school on time. So the very next morning, 21 of us, including several students, met and we started the Citizens for Immokalee Safety. We discussed a variety of solutions, but wanted to present to you only those ideas that could be done immediately and without much cost. Janet Vasey wrote the petition, with input from Sandy Hoagland and Jamie Horsley. The board of Longshore Lakes endorsed our petition at our annual association meeting, and then we began to hand them out. Please, do not misinterpret what we were saying in this petition. We fully realize that the county faces many challenges, as we have explosive growth. We know that you have taken steps to expand Immokalee to a four-lane road, and we are also happy to learn that there's going to be a light at Immokalee and Livingston by the end of the year. We in no way wish to hinder you and your staff in carrying out your plans, nor do we wish to insult you by assuming that you don't understand our situation. The main purpose of this petition is to proclaim the need for safe access onto Immokalee Road now. You see, with every single day that goes by, someone else is involved in another accident on that road. Staff member, Nancy Frye, of the Department of Transportation, was very helpful in assisting me in looking at all the traffic accident reports. From January 1st to March 17th, I was amazed to find that there were 77 accidents on Immokalee Road. Only in Naples; that does not count the town of Immokalee. And that is 77 days. It doesn't take a fatality to severely traumatize a family. But there were three fatalities during those three months. Melissa's accident has turned into Melissa's mission. Many students took this challenge and ran with it. And I have been so impressed with the students both of Gulf Coast High School and Barron Collier. They took this campaign seriously, because they are very concerned. And they were instrumental in getting over half of those 3,300 signatures. Page 21 March 28, 2000 The idea of safety now is a hot issue, with many of our residents in the surrounding neighborhoods as well. I had people from all over North Naples telling me, calling me at my home, to pick up petitions, as well as I know Ms. Lugo got several phone calls at Gulf Coast High School. Two weeks ago, one of our board members at Longshore Lakes, Herb Luntz, arranged a meeting for our group to meet with Ed Finn of the Department of Public Works, Ed Kant and Jeff Bibby of the Department of Transportation. And a few days later, Herb also met with the SherifFs Department. Both meetings were very positive and our suggestions were well received, and we were very encouraged by the spirit of cooperation among all parties. Just yesterday I was told that the speed limits on Immokalee Road will be lowered, perhaps as soon as today, and that there will be Sheriff's deputies assisting with traffic control. We are very excited about this news, but we do have to ask, where will these deputies be placed? Certainly they are needed both at Executive Drive and Livingston Road intersections. We also want to remind the Sheriff's Department that traffic needs to begin -- traffic control needs to begin as early as 6:45 a.m., as the high school students must be in school by 7:20. Also, will there be speed enforcement with this new speed limit? There are only two other issues. We are asking that the flashing yellow lights everywhere along Immokalee Road rotate from red to green, because residents of the surrounding communities need breaks in the traffic to get across this busy road. We feel that this is needed at all times between the hours of 6:00 a.m. and 10:00 p.m. The traffic is already so heavy that we feel this is a necessity, even now. Yet traffic is only going to get worse as all the planned communities become populated. Our last item on the petition is a request for you to work with the residents for long-term solutions, as we are the ones who have to live with the difficulties every day. We have many good ideas and suggestions. Several residents of the Quail Creek communities feel that there's enough traffic to warrant a traffic signal at Executive and Immokalee. Page 22 March 28, 2000 As you just heard, over 7,300 vehicles travel Valewood every single day. And that equates to over 56,000 vehicles a week. However, your staff has told us that traffic signals contribute to the number of accidents. And that is important -- that it is important to keep the traffic moving. Well, if this is true, then we just ask for an alternative. Provide us with safe access. If that means an access road to the nearest signal, then we're happy to get an access road. In fact, if future developments are planned along Immokalee without access roads, I fear that you will be hearing this cry for signals over and over again. The Citizens for Immokalee Road Safety want to thank you, the board and your staff and the Sheriff's Department for listening to us and acting upon our concerns. We anticipate your continued cooperation, and this is indeed how government for the people and by the people should work. Thank you. CHAIRMAN CONSTANTINE: Thank you very much. COMMISSIONER CARTER: Thank you. CHAIRMAN CONSTANTINE: I want to say a couple of things, and that is we get, as you might imagine, from time to time petitions for different things, often asking us not to do something that we've started off on. I think what's particularly impressive about this is not only are you asking for something, but you've outlined some very specific suggestions on how we can accomplish that. That goes way beyond what we often get, and you're to be complimented on that, for the work you've done on it. MS. RIGEL: Thank you. CHAIRMAN CONSTANTINE: If we could just ask our staff, I know some of the things you have asked for are in progress right now. And if we can just get a brief update, I think that would be very helpful. MR. FINN: Thank you, Mr. Chairman, Edward Finn, interim public works administrator, for the record. We've just put on the digitizer a photo taken this morning. The photo shows two things. The one we're looking at actually shows a sign board that's been installed near the intersection of Livingston Road and Immokalee Road. That sign board indicates Page 23 March 28, 2000 that the intersection is being monitored and controlled by Sheriff's deputies. And we, like the citizens, want to thank the Sheriff for his efforts to assist us in improving the safety here. Mr. Kant has put up on the board across from me a record of some of the accidents that have taken place there. And he's prepared to give you a brief overview on those, to give you some indication of impacts, if you'd like. Other than that, we are willing to work with them and we've made some significant efforts. And we'll continue to do everything we can. CHAIRMAN CONSTANTINE: Commissioner Mac'Kie. COMMISSIONER MAC'KIE: Two things: One is it's no surprise to those of us who know high school students, that you are as proactive and as positive as you were in this case. And I just want to commend you for that and thank you for it. You are hopefully an inspiration to some of the older adults in the community about how to react positively and appropriately. And I hope that this inspires you to get involved more often in your local government and in government generally, because I hope that you will see from this that we do respond, we will react, we do want to hear. We are desperate to hear from your age group in this community. And I just -- I know everybody joins me in thanking you for what you've done. My question for staff is for answers, please, on the particular questions that were asked on the timing of law enforcement participation there, and on whether or not we're going to have increased monitoring for the speed limit. MR. KANT: Edward Kant, transportation services director. Before I answer your question, Commissioner, I too want to thank the citizens committee. We work with a number of citizens groups and it has been a pleasure to see the mix of people -- and especially I met Ms. Brock at that earlier meeting '- and we have found that it is much easier to work with people that are genuinely interested, involved, and understand that we also have some issues on our side of the fence. And I want to thank you for helping us to help you. As far as the timing, when we set the initial times, I believe Page 24 March 28, 2000 that the a.m. times we thought were 7:00 to 9:00. I don't think there's going to be a problem in discussing with the Sheriff moving that back from 6:30 to 8:30. We -- today was the first day. We're trying to get a handle on it. Based on our traffic counts, we went for the high hours. But obviously there's a little before that and a little bit after that. So we can adjust that. The sheriffs representative is here. I will speak with him before he leaves the room. As far as the -- as you mentioned, the Immokalee Road and Livingston Road signal is scheduled to be in place before the end of the year. The Strand signal is undergoing final interconnection with the 1-75 ramps. We've been living through one of those two weeks, and we're pushing to get that two weeks down to two days. It's pushing as fast as we can with that. The only other signal that I can think of that is in flash other than school hours is the one in front of the -- it would be the Laurel Oaks entrance, and where there is some activity on the north side of the road at the Olde Cypress commercial center. I believe that once we begin to get some traffic in and out of there, that we will justify more than just the school hours operation of that signal. So we're kind of tuned into that, too. There was one other question, unfortunately it escapes me right now, but I'll try to answer it. MS. RIGEL: Where will the deputies be located besides Livingston? MR. KANT: Okay. They're at Livingston and Immokalee. The bridge work that's taking place on Valewood, that permit requires that that contractor have his own traffic control for Executive Drive as necessary. And I believe that the community development division has been enforcing that quite stringently. That is not -- yeah, that is not a uniformed officer, however. That is a construction flag person. But we'll talk to them and see what we can do about that. The other issue had to do with the traffic signal, I think, at Executive Drive. And as I pointed out earlier at one of our meetings, we are going to do a warrant analysis. If it's Page 25 March 28, 2000 warranted, we don't have a problem recommending it in our program. If it's not warranted, then that's a policy decision the board's going to have to wrestle with. CHAIRMAN CONSTANTINE: Commissioner Berry? COMMISSIONER BERRY: Just one other comment. And this is something -- since I happen to live out in that area and we all share the Valewood Drive entrance and exit out there. Mr. Kant, through some discussions, had proposed to our homeowners' associations that we seek another alternative to coming out Valewood Drive. And I will tell you, and this is something that we need to work on our homeowners' groups, when they went to them -- when I talked to them about the suggestion, after Mr. Kant and I had spoken about it, apparently our groups turned it down. And it would have linked us up with the possibility through -- it would have had to have been negotiated and there would have had to been some work done, but there was a proposal made that perhaps we could go over and tie up to where the signal is by running Valewood Drive and kind of angling it around to the west and coming over perhaps into that area. MR. KANT: To Oakes Boulevard. COMMISSIONER BERRY: To -- over to Oakes Boulevard. Which to me was the best of both worlds. But that was rejected by our boards. And so I think this is something that perhaps this is '- MS. RIGEL: Well, that will be our Phase II. We wanted safety now, and I think we're addressing those concerns. And I think you'll find us back here again. COMMISSIONER BERRY: Well, it really needs to come through -- you need to get -- you need to work through '- MS. RIGEL: The homeowners is where we start. COMMISSIONER BERRY: Through the homeowners' association. MS. RIGEL: We'll be there. COMMISSIONER BERRY: Because Mr. Kant and I talked, and they took it to their joint meetings that they have, and it was turned down because they wanted to keep the identity of Page 26 March 28, 2000 Valewood Drive as the entrance and exit. And I was -- you know, what do you do after that? You know, I was very frustrated, because I also know what the situation is in terms of trying to get lights at a T-intersection like that. And it's a very difficult situation. It really doesn't warrant it in some regard if we could have an alternative. And it appeared through negotiations that there could perhaps have been an alternative. And then to have it rejected, I was very disappointed in that effort. But '- COMMISSIONER MAC'KIE: I bet it will be resurrected. MS. RIGEL: I think it will be. COMMISSIONER BERRY: I certainly would have hoped -- I would hope it would be resurrected. MR. KANT: And for the record, Commissioner, anything that the transportation department can do to assist you to the limits of our resources, please don't hesitate to call on us. MS. RIGEL: Thank you. CHAIRMAN CONSTANTINE: Just a final note, Ed. If we can maybe copy Ms. Rigel in on the different steps as they take place. Some of these things are staggered out as the lights get phased in and so on, just let them know as that unfolds. MR. KANT: Not a problem. CHAIRMAN CONSTANTINE: Thank you very much. COMMISSIONER CARTER: Mr. Chairman, I -- you know, I think this may lend itself well to going back to the homeowners' groups. And I can only commend you and your young people who have come here today, the maturity, the positiveness that was brought to this commission. You are a message to this community. Because so many times we get people who complain about the problems but never want to be a part of solving the problems. And you are to be commended for what you've done. And it's certainly resonated well with everyone here. And hopefully, we can get those who are adults to be as responsive as you have. Thank you. MS. RIGEL: Thank you. (Applause.) Page 27 March 28, 2000 Item #8A1 REQUEST TO RECONSIDER THE REZONING OF NAPLES PARK SUBDIVISION FROM RMF-6 (RESIDENTIAL MULTI-FAMILY) TO RESIDENTIAL SINGLE FAMILY AT THE REQUEST OF THE ASSOCIATION OF PROPERTY OWNERS OF NAPLES PARK - STAFF RECOMMENDATION APPROVED CHAIRMAN CONSTANTINE: That takes us to item 8(A)(1), response to request to consider the rezoning of Naples Park subdivision from RFM-6 to residential single family. Mr. Mulhere, good morning. MR. MULHERE: Good morning. Thank you. For the record, Bob Mulhere, planning director. On February 22nd, you'll recall that Vera Fitz-Gerald petitioned the board to direct the staff to explore rezoning Naples Park to an appropriate single-family district. And the board expanded that request a little bit too in directing staff to also look at other redevelopment scenarios and issues. And I'm pleased to report to you that I think we have an excellent solution here. We've met with representatives of the community. They support the recommendations of staff. In fact, my staff attended the property owners of Naples Park meeting this past week and answered questions. And it so happens that Dover/Kohl & Associates, our consultants for the community character plan, will be identifying five or six community subdistricts to look specifically at issues within those subdistricts. And in fact they're going to look at Naples Park. So we think it would be a more appropriate -- and that will happen on a fairly expedited time frame. I suspect that between three to six months we'll have recommendations back from the consultants. And those recommendations can be applied elsewhere in similar neighborhoods that have similar issues and concerns. This is a non-deed restricted older subdivision, predominantly single-family with some commercial abutting it. There are transportation issues, water management issues. So there are a number of issues that need to be reviewed. Page 28 March 28, 2000 We think it's an excellent solution and it's covered of course in the cost of the contract that we already have with Dover/Kohl. And we would be prepared to come back to you with reports as recommendations are provided by the consultants. And of course they'll be working with staff and with representatives of the community. That pretty much concludes my presentation, unless you have some specific questions. CHAIRMAN CONSTANTINE: Commissioner Carter? COMMISSIONER CARTER: Mr. Chairman, I would recommend we go with staff's recommendation. I think this is where we're trying to go with Dover/Kohl, to do a total picture for Naples Park, and not just do a piecemeal situation. And from what I read and from what I understand, this will take us where we want to be. So I would recommend that we go with staff's recommendations. CHAIRMAN CONSTANTINE: Mr. Olliff, I understand we have one public speaker. MR. OLLIFF: We do. Vera Fitz-Gerald. MS. FITZ-GERALD: I waive. CHAIRMAN CONSTANTINE: Speaker has waived. Commissioner Carter, do you want to put that in the form of a motion? COMMISSIONER CARTER: I move that we accept staff's recommendations in regards to '- COMMISSIONER NORRIS: Second. COMMISSIONER CARTER: I like that, John. CHAIRMAN CONSTANTINE: There's a motion for staff recommendation and a second. Any discussion? All those in favor, please state aye. (Unanimous vote of ayes.) CHAIRMAN CONSTANTINE: Motion carries 4-0, Commissioner Mac'Kie temporarily absent. Item #8A2 ALTERNATIVE ROAD IMPACT FEE CALCULATION FOR THE Page 29 March 28, 2000 NAPLES PHILHARMONIC CENTER FOR THE ARTS - STAFF RECOMMENDATION APPROVED We go to 8(A)(2), approve an alternative road impact fee for the Naples Philharmonic. I had the question yesterday, Mr. Weigel, that someone was under the impression that the opportunity to apply for alternative impact fees was limited to either schools and medical facilities or something. Is that the case, or can anybody apply for an alternative impact fee? MR. WEIGEL: It's very broad. It's not limited, as suggested to you. CHAIRMAN CONSTANTINE: Thank you. Hi. MR. TINDALE.' Good Morning. My name is Phil Tindale. I'm with Community Development Environmental Services. I'm the county's impact fee coordinator, and I'm here to address this issue. Back in 1999, the Philharmonic had submitted applications for a couple of building permits; one for a 14,000 square foot office addition, and the other for a 31,000 square foot museum. Those permits were issued, impact fees were assessed and paid. Subsequent to that, the petitioner acquired the services of Wilson-Miller, particularly Mr. Jeff Perry, who's here today, to do some analysis to determine whether they were actually entitled to a lower fee, based upon the individual characteristics of this construction. Mr. Perry did that analysis, submitted an alternative fee calculation to staff. We reviewed it and subsequently put it on the agenda. However, after that we have reviewed that a couple more times just to ensure for our satisfaction that the data used met the requirements of the ordinance. In the process of reviewing this item, we have determined that we really have not properly defined the issue with this. The ordinance allows a petitioner to submit an alternative impact fee calculation if they feel that the individual characteristics of this construction results in fewer trips on the road network than that which is indicated in our fee schedule for a particular land use. Page 30 March 28, 2000 After reviewing this subsequently, we feel like the issue is really not so much whether this results in fewer trips on the road network, but does this land use in particular-- is this particular land use one that is contemplated in our fee schedule. And after reviewing this and discussing it with Mr. Perry, we feel it is not. There is no particular land use in our fee schedule for a museum. Also, that there is one for an office space for the office addition; however, the -- that particular land use in our fee schedule is based upon general office building as described in the docu -- the trip generation, published by the Institute of Transportation Engineers. We feel like the description given to us of this particular office addition, comes closer to the description of a corporate headquarters building, which is addressed in that document, but is not something that's included in our fee schedule. So what we're doing here, and I'd like to provide some clarification. This was initially submitted as an alternative fee calculation pursuant to Section 2.03 of the ordinance. However, we feel that this is more in the lines of an individual calculation, based upon a land use which is not contemplated in the ordinance, which is covered under a different section, Section 3.10 of the ordinance. That particular type of a fee calculation can be approved administratively by staff, but we feel that since this is being done after the fact and it was initially submitted as an alternative fee calculation, we need to go ahead and bring this to you to get your input and approval. CHAIRMAN CONSTANTINE: Just to be clear, current law, current ordinance in Collier County allows for alternative impact fee suggestion '- MR. TINDALE: Yes, that would be '- CHAIRMAN CONSTANTINE: And they '- MR. TINDALE: -- allowed under this case. We just feel like it really doesn't fit the definition of what is -- of an alternative fee calculation being needed. Had we done this right in the first place last year, we would have done an individual fee calculation and approved it Page 31 March 28, 2000 administratively prior to issuance of a permit. CHAIRMAN CONSTANTINE: Thank you very much. Commissioner Mac'Kie? COMMISSIONER MAC'KIE: You said that there's not an appropriate category? MR. TINDALE: Right. COMMISSIONER MAC'KIE: What would you '- MR. TINDALE: If you look at our fee schedule in the ordinance, there is no museum. COMMISSIONER MAC'KIE: What would you use if you were required to use the ordinance? What's the closest? MR. TINDALE: Well, the closest thing we could come to was a retail facility, which is what that was initially assessed at. But this is really not a retail establishment of the general sense. There are I'm sure some retail sales involved. But this is more for the purpose of educating and entertaining the public. COMMISSIONER MAC'KIE: And what are other art museums -- how are they calculated? MR. TINDALE: There really -- there is no precedent for that in Collier County. COMMISSIONER MAC'KIE: This is not the first art museum in Collier County. MR. TINDALE: Mr. Kant has something he would like to add. MR. KANT: If I may, Edward Kant, transportation services director. The only other museum that we're aware of in Collier County -- there actually are two. One was the Teddy Bear Museum and the other is the Collier County Museum itself. Obviously the Collier County Museum is exempt; it's a government building. The Teddy Bear Museum, at the time it was built, predated the present ordinance. The only other type of art exhibition, if you will, that we're aware of are the art galleries and shops that you might find on Fifth Avenue South, which we would consider as retail. So we do believe that this museum is a unique use. CHAIRMAN CONSTANTINE: Let's hear from the petitioner. Mr. Perry, good morning. Page 32 March 28, 2000 COMMISSIONER MAC'KIE: I needed to -- I wasn't quite finished with that question. CHAIRMAN CONSTANTINE: I'm sorry, go ahead. COMMISSIONER MAC'KIE: That's okay. Just I need to understand, because I think this is going the right way, don't misunderstand me. But I need to understand the distinction between this gallery and the, quote, retail galleries that already exist. I don't understand enough about the use proposed for this gallery to understand how it's different from the other galleries in town. CHAIRMAN CONSTANTINE: Maybe the petitioner can tell us. COMMISSIONER MAC'KIE: There you go. MR. PERRY: Good morning. For the record, my name is Jeff Perry, with the firm of Wilson-Miller. To answer specifically your question, before I have some other comments, the other types of galleries are in fact art galleries that have art for sale. They're in the business of selling art and are in essence a retail establishment. I would argue that they're probably not the same as a shopping center and, therefore, if I was contacted by an art gallery who had said that they had paid a rate similar to hardware store or something else like that, I would probably suggest to them that they have some cause for an alternative calculation, because their trip generation rates are significantly different than you would have on the square footage based on a hardware store or a convenience store, one of those that would be listed in the list of schedules. I -- when I looked back and tried to calculate this particular fee, there is in fact nothing comparable in your code, in your schedule of fees, that we could even sort of look to to sort of point at in terms of the types of uses that would generate the same kind of trips. In fact, there is no museum rate in the Institute of Traffic Engineers manual. So it's sort of flying here and trying to come up with something -- some reasonable methodology for calculating it. I did, however, think that this was on the scale of the size of kinds of buildings you have and the amount of people that you Page 33 March 28, 2000 would have coming through, wandering around. It's similar to a furniture store, that you have a large area of floor space with display areas, and you have a certain volume of people that you expect to go through a furniture store. Certainly not the same as a grocery store, where you have large floor space but you have just perhaps 10 or 15 times the amount of traffic or people that you would have coming into it. So we kind of went in that direction and developed a methodology for looking at the expected number of visitors, the number of employees, or, in this case, volunteers, and running some calculations to try to identify the kind of traffic that we would expect to get from this particular facility. We used the high end of those estimates. We increased the trip length, which is one of the factors that typically is looked at. Where in the retail establishment it's a one and a half mile trip, we used a four and a half mile trip. We assumed that 100 percent of the traffic would be brand new, whereas, a retail establishment uses about 50 percent of the traffic being new and assessable. So we felt we had a reasonable approach at trying to calculate the kind of impact that the museum, not an art gallery, but this particular museum, might have. We did the same thing with the office addition. We're talking about an expansion of an existing office that was built with the Phil to house a few additional staff people, plus provide a boardroom facility, storage facility and things like that. So we tried to evaluate this particular use, as Mr. Tindale has said, in the case of an individual use that would normally have been done administratively, simply because they are not listed -- like a lot of uses, they're just not listed in your code. CHAIRMAN CONSTANTINE: Obviously the intent of the impact fee is that any new structure does have an impact. And we want to make sure it is fairly applied and fairly taken care of and that those impacts are paid. Perhaps the best use of your time would be convincing us what you think the appropriate impact is here. MR. PERRY: Well, it's listed in your executive summary. I think we've -- the calculation that we've made is based on those Page 34 March 28, 2000 trip generation numbers that we've generated. I can go through that specifically, if you'd like in terms of '- CHAIRMAN CONSTANTINE: No. Is there anything you need to add to that '- MR. PERRY: No, other than '- CHAIRMAN CONSTANTINE: -- that's already there? MR. PERRY: No, the comparison that we're making here is that the shopping center generates on the order of -- if this were a shopping center, we'd be talking about 2,800 trips per day. And in fact, that's not what this kind of use will actually generate. It's probably one-tenth of that in terms of the amount of traffic that would be coming in and out of this particular facility on any given day. CHAIRMAN CONSTANTINE: Questions for Mr. Perry. Commissioner Mac'Kie? COMMISSIONER MAC'KIE: Is the nutshell here that the distinction is that this is a museum instead of a gallery? Is there a category in the ordinance for galleries? MR. PERRY: No, ma'am. COMMISSIONER MAC'KIE: It just comes -- it's under retail? MR. PERRY: Right. COMMISSIONER MAC'KIE: Let me just say what's troubling me here is that -- you know, Mr. Olliff, we went through this with Cleveland Clinic versus through NCH, that Cleveland was, you know, clever enough to ask for an alternate calculation, got a significantly reduced impact fee. We came to the place where we were refunding NCH, or they were seeking refunds; I'm not exactly sure where that one went. Similarly, we have Naples Players and the art museum downtown in Naples that we waived impact fees because they were quasi governmental buildings. They were essentially government projects. I'm just -- I don't question, frankly, whether or not this is appropriate, because if the -- I certainly don't want the Philharmonic to be paying something more than their actual impact fee, but it harkens me back to the Cleveland Clinic/NCH problem. And what we had said was that in the future, we're not Page 35 March 28, 2000 going to just accept whatever check people are going to give us, we're going to help them calculate their impact fees and tell them we're not going to just take your money, we're going to take money based on the actual impact. I'm concerned if we need to look at the galleries and similar projects and see if we have over-assessed other businesses in Collier County. MR. TINDALE: Could I offer just a little bit of clarification on that item, ma'am? The issue having to do with the road impact fees for Cleveland Clinic and NCH had to do with an outright exemption, which is prescribed in another section of the document. It was not in reference to an alternative fee calculation. CHAIRMAN CONSTANTINE: And let's stay on the issue on the agenda today, which is this specific request. I understand your concern, but I don't want to get too adrift from what we're talking about here and that is a specific request from a specific location for a specific use. MR. OLLIFF: And perhaps to answer Commissioner Mac'Kie's question, I think those were specifically very different types of calculations that were done. The ordinance does provide for this type of calculation. I think the analysis was done and it requires a certain number of steps of analyses that we've been working with the clerk in terms of developing a full response to what the ordinance requires in terms of analysis. I think this meets that test. The staff agrees that it meets this test, agrees with the alternative calculation that's been provided. If there's one thing in the long term that I think that we would look at as perhaps looking at some additional categories, perhaps, within the ordinance that might allow staff not to be in the position of having to make up uses, like we are in this particular case. So we'll '- COMMISSIONER MAC'KIE: And is there a deadline by which if some gallery thinks they've overpaid and they want to go hire Mr. Perry to argue on their behalf, is there a limit on when they could do that? Page 36 March 28, 2000 MR. OLLIFF: Yes. MR. TINDALE: I'm sorry, could you restate the question? COMMISSIONER MAC'KIE: The limitation on when other -- if some art gallery now realizes that they should have sought an alternate impact fee calculation and they didn't, what's the statute of limitations on their ability to come back in? MR. TINDALE: Well, the ordinance normally would require that this be done prior to the issuance of the permit. However, we have some precedent because of some other cases in which we have addressed alternative fee calculations in which we have allowed them to '- CHAIRMAN CONSTANTINE: I don't think that's the question. If somebody two years ago built something, never asked for anything, they're prohibited by law from coming back now, aren't they? MR. PERRY: That's correct. CHAIRMAN CONSTANTINE: Thank you. COMMISSIONER MAC'KIE: That was my question. COMMISSIONER CARTER: I'd like to '- CHAIRMAN CONSTANTINE: Any other questions '- COMMISSIONER CARTER: -- move staff's recommendations. COMMISSIONER NORRIS: Does that apply in this case? CHAIRMAN CONSTANTINE: Why are we here in this case? Did you guys file at the time? MR. PERRY: Yes, sir, we did. CHAIRMAN CONSTANTINE: And that's the difference, you can pay it and then reserve the right. You can challenge it while MR. PERRY: Right. CHAIRMAN CONSTANTINE: -- construction's going on. MR. PERRY: The purp -- the ordinance specifically allows for what's called paying in protest. If you want to get your building permits and move ahead at your own risk, but pay your fees, you file your petition to seek the difference between what you believe is appropriate and what you were actually charged. COMMISSIONER NORRIS: And did you '- MR. TINDALE: And I'm sorry, I did misunderstand the Page 37 March 28, 2000 question. That is correct. MR. PERRY: I'm sorry? COMMISSIONER NORRIS: Did you in fact file in protest? MR. PERRY: Yes. Yes, the fee was paid in protest. CHAIRMAN CONSTANTINE: Mr. Tindale, did you have something you wanted to '- MR. TINDALE: That's all I have. COMMISSIONER BERRY: Mr. Chairman? CHAIRMAN CONSTANTINE: Commissioner Berry. COMMISSIONER BERRY: I'd like to move approval of the staff recommendation. COMMISSIONER CARTER: I'll second that. CHAIRMAN CONSTANTINE: Motion and a second. Discussion? Seeing none, all those in favor, please state aye. Anybody opposed? (No response.) CHAIRMAN CONSTANTINE: Motion carries 5-0. Thank you very much. MR. TINDALE: Thank you, commissioners. Item #881 BID 00-3039 FOR THE WIDENING OF GOLDEN GATE BOULEVARD FROM CR 95t TO WILSON BOULEVARD - AWARDED TO APAC IN THE AMOUNT OF $15,047,228.29 CHAIRMAN CONSTANTINE: 8(B)(1), award a construction contract to APAC - Florida, Inc., for widening of Golden Gate Boulevard from Collier Boulevard to Wilson Boulevard. MR. BIBBY: Good morning. Jeff Bibby, public works engineering director. COMMISSIONER NORRIS: I'll make a motion to approve. COMMISSIONER CARTER: Second. CHAIRMAN CONSTANTINE: Do we have speakers on this item? MR. OLLIFF: Yes, you do. In fact, you have a bid protest Page 38 March 28, 2000 that you'll need to hear this morning that they filed the purchasing policy and went all the way through the bid protest scenario so that they are actually registered to speak. You have three speakers on the item. And unless you want to hear any more from the staff, we'll get right to those speakers. CHAIRMAN CONSTANTINE: Let's go right to the speakers. MR. BIBBY: Before we do start, though, the actual bid protest and their response to it was distributed late last week. Last night we received the objection, and our response to it, and I have that to pass out right now. CHAIRMAN CONSTANTINE: Thank you. MR. OLLIFF: First speaker is John Humphreville. CHAIRMAN CONSTANTINE: Good morning. MR. HUMPHREVILLE: Good morning. For the record, my name's John Humphreville. I'm with the law firm of Quarles and Brady, and we have the pleasure of representing Better Roads, a Naples contractor. We have representatives from Better Roads here today. Mr. Joe Turner, Mr. Joe Ristino, and Mr. Joe Bonness, president of Better Roads. If the contract before you today is awarded to APAC, Collier County will pay almost $90,000 more for the same services on the same or longer construction schedule. Better Roads' total base bid for this project was 14,957 -- or 14,957,925.49. Better Roads based its bid on a 700-day construction schedule. APAC's base bid is almost $90,000 more than Better Roads. APAC bid on an alternative to complete the project in 730 days, 30 days longer than Better Roads' base bid construction schedule. However, Better Roads did not bid on the non-mandatory alternatives because they were ambiguous in their content. Moreover, the timing of the release of the addendums, that's addendum number one and addendum number two, did not provide reasonable time to clarify these ambiguities with regard to the alternatives themselves. The alternatives are ambiguous primarily for two reasons: First, the completion time is not defined at all. Second, Page 39 March 28, 2000 unforeseeable delays is not defined at all in the alternatives. The alternatives use the phrase completion time, but failed to state whether that means the date of substantial completion, the date of final completion, or some other date of completion. Therefore, without a definition of this term, there is no date upon which the county could assess liquidated damages. More significantly, the alternatives are ambiguous because they don't state whether completion time is an immoveable date, not subject to extensions, whether it will be extended by foreseeable delays in the procurement of right-of-ways and the relocation of utilities, or whether it will simply be extended by any delay that is beyond the contractor's control, including foreseeable, right-of-way and utility delays. The county knows that there will be delays caused by right-of-way procurement and utility relocation. But Section 9.2 of the county standard road construction contract allows for extensions of time for unforeseeable causes beyond the contractors control. The bid documents simply fail to address how this issue will be treated with respect to the alternatives. In other words, if APAC -- if the APAC bid is accepted, it is unclear whether they will be given an extension of time for right-of-way and utility delays, or that we see now as foreseeable delays, but could be construed as unforeseeable under the county's own contract. In fact, to this date, the county does not have a detailed utility scheduled for the relocation of the utilities for the whole five miles of this project. The ambiguities could have been corrected if it were not for the fact that the addendum themselves, that's addenda one and addenda two, which introduce the alternatives were issued at the last minute by the county. And Joe, if you could -- I have a time line that I would like to pass to the commissioners and share with you some of the time sequencing. The original invitation to bid, dated February 2nd, 2000, did not contain alternative bids. The idea of a 24-hour, seven-day-a-week work schedule was discussed at the bid Page 40 March 28, 2000 conference, which was held February 2nd of this year, but their alternatives were not actually introduced at that time. The alternatives were first introduced by addendum one, which was issued on February 25th, a Friday. Paragraph 8.1 of the instructions to bid requires that all requests for interpretation or clarification of bid documents -- may I continue? CHAIRMAN CONSTANTINE: If you'll make it '- MR. HUMPHREVILLE: Certainly. CHAIRMAN CONSTANTINE: -- a wrap-up. MR. HUMPHREVILLE: Bid documents be completed within 10 days before the bid opening of March 28th. The deadline was two days away for Addendum 1. Addendum 2, where the county changed the standard for their review from an objective standard to a subjective standard, was issued three days after the deadline for which we could ask clarifications on the alternatives. So we had no opportunity to ask questions on these ambiguities that we saw in these alternatives. In fact, we attempted to contact the county, and I think the county rightfully said no communication. Better Roads is committed to building roads as quickly as possible, and believes that the county addresses these alternatives with the best intentions. But unfortunately, they were added late in the bidding process and did not contain enough specificity for us to make a reasonable bid on their impact. The county is required to award the contract in accordance with the express terms of the bid documents. Addendum t provides that the county will identify the lowest qualified responsive bidder, taking into consideration the total base bid and the two pricing alternatives. Upon doing so, the board has the discretion to select the best pricing alternative, which is in the best interest of the county. CHAIRMAN CONSTANTINE: About 30 seconds, Joe. MR. HUMPHREVILLE: We submit to you -- yes, sir -- that the contract be awarded to Better Roads because it is the lowest qualified responsive bidder. And the selection of Better Roads' total base bid would serve the best interest of the county. Page 41 March 28, 2000 The base bid, which is based upon a 700-day construction schedule, is again $90,000 less than APAC's base bid. CHAIRMAN CONSTANTINE: Thank you very much. I suspect we may have some questions, but let's go through the other two speakers first, and then we'll save them up. MR. OLLIFF: Next speaker is Joe Bonness, followed by Dennis Ferguson. CHAIRMAN CONSTANTINE: Good morning. MR. BONNESS: Good morning. I'm Joe Bonness. I'm president of Better Roads, Incorporated. We've been a contractor working here in Naples for the last 33 years. I'm sure everybody is aware of our reputation. We've completed our jobs as timely as we possibly can. I'm not going to downgrade our competition; they're also very good. They've been here just about as long as we have. We're a local contractor. And we have -- when we were putting this bid together, we did put together a short time frame schedule, which was 700 days. The bid itself does call for a longer time period, but because of the ambiguities, we just could not see how we could responsibly come back and meet the addendums and put in a responsible bid with that. At the time that we were bidding the project, there was a lot of unanswered questions as to utility delays and that. At this point, I think that we have pushed with the county to quite an extent that we have been able to get the utilities to actually answer and start putting together their schedule so that the project will move along. I think that this whole effort has probably benefitted the county citizens, because now the utilities are jumping on it and they are getting the answers that are necessary. But we will -- if awarded the project, we will complete the project in 700 days, and we will complete it for $90,000 less than APAC has quoted, so '- CHAIRMAN CONSTANTINE: Thank you. MR. OLLIFF: Last speaker, Dennis Ferguson. CHAIRMAN CONSTANTINE: Good morning. MR. FERGUSON: Good morning, Mr. Chairman. My name is Page 42 March 28, 2000 Dennis Ferguson, for the record. I'm with the firm of Mernahan (phonetic) and Ferguson. We represent APAC-Florida, the contract to whom it is recommended that this -- the contract to whom it is recommended that this contract be awarded. APAC's position before the board this morning is simply that this project was validly proposed, it was appropriately bid, and the purchasing department has reasonably exercised its discretion to determine the best responsive bid in the best interest of the county. And accordingly, this contract is appropriate to be awarded today. I would briefly respond to the arguments that have been made on behalf of the petitioner. First, in the first argument I would point out goes to the lack of information or ambiguity in the bid documents with respect to the alternatives. And I would submit to the board that that is an objection or a protest which could have -- and as I read the rules relating to protest, should have been made prior to the opening of the bids. It is directed to the bid documents themselves and the information contained in the bid documents. Not to the bids, not to the award. That rule is intended to prevent just what has happened here. Better Roads, with all due respect, wants to creatively reconstruct its bid to -- with knowledge of all the other bids that have been submitted. The objection on the basis of a problem with the addenda should have been made before the bids were opened. With respect to other grounds for the protest that has been submitted, I would only point out that it is not required -- it is only required, I should say, that specifications in bid documents be sufficiently specific to permit biddersto bid on the same matter and indicate the factors to be given consideration as a basis for the award. It is intended to provide a basis for an effective comparison of the bids, and that is what was presented here. APAC's bid of a 730-day completion date could be directly compared to Better Road's bid for a 900-day completion date under the terms of the bid document. The 700 days that you've heard today is nowhere in Better Roads' bid. And I would urge Page 43 March 28, 2000 the board that you need to award this contract based upon what was bid and what the contractor's bid obligates it to do, rather than what the contractor says it now can do or will do because of its own internal basis for calculating its bid. Better Roads' evaluation of APAC's bid of course is entirely irrelevant. APAC can't challenge APAC's alternative bid based upon the way it sees this project going. It's particularly inappropriate for Better Roads to argue for an evaluation of this bid based upon what its intended completion time is, in comparison to what the completion time is that its bid is actually based upon. In summary, I would submit the -- again that this project was appropriately proposed, validly bid. The purchasing department, in the exercise of its discretion, has weighed the factors that are important to the county. And one of the most important factors to the county is the date of completion of this project. APAC's bid requires completion within 730 days. That can be directly compared to a date approximately six months later. APAC's bid was -- I want to get this right -- less than one percent higher than Better Roads' bid, some $90,000 in the scope this contract. It is a valid consideration for the county to consider the almost six months in expeditious completion of this project under the terms of the contract. And we simply urge the board to award the contract based upon the county recommendation. CHAIRMAN CONSTANTINE: Thank you. Mr. Bibby, as concisely as you can, the reason you're recommending APAC is? MR. BIBBY: We have two options in front of us: One where we would enter into a 900-day contract with the low bidder, the base bid. Another where we would go for alternate no. 2 when APAC would enter us into a 730-day contract. CHAIRMAN CONSTANTINE: Commissioner Berry? COMMISSIONER BERRY: I just have a question, looking over this information. And I'm just asking a question. What is to stop -- if we go ahead and award this bid -- and I have no ill feeling toward either one of these companies, but we award a contract Page 44 March 28, 2000 and the company comes back for a change order, based on the fact that they're going to require more time to do the project due to the fact that we have -- the county has failed to get the utilities moved and also the right-of-way procured. MR. BIBBY: Correct. First of all '- COMMISSIONER BERRY: That's taken into consideration. What does this do? Where are we at then in terms of the contract? MR. BIBBY: Okay. First I take exception to the fact we do not foresee delays on this project. Right-of-way acquisition is well along. We're doing this in two phases, as I'm sure you know. The right-of-way is available for the first phase. The right-of-way for the second phase will be available no later than early October. Our in advance is when the second phase will start. Right-of-way is not an issue. As far as utilities go, let me just take a second to just outline the approach on this. The first phase of the project was of more importance to us. We took responsibility for clearing and grubbing, which we've done. We are taking responsibility for utility relocation there. Phase I is not an issue, and I know it's not being discussed as an issue. The second phase we revert to a regular type project. The contractor under this contract is responsible for clearing and grubbing and responsible for clearing and utility relocations. There are two utilities involved here, FP&L and Sprint. They have not changed their approach or interest in supporting this project in the last couple of days. They've been very responsive. In the case of Sprint, they will be laying their cable as the contract continues, or as the construction continues. The contractor is responsible for coordinating this. I see no reason why this shouldn't go smoothly. Now, there could be extensions to the contract, as on any job. I do not foresee them at this time. If there's an extraordinary situation, we'll evaluate it based on the merits. COMMISSIONER BERRY: Well, you know, I think that's fine. But in 18 months, you know, there's going to be a new board, probably, sitting up here. And I could see change order coming Page 45 March 28, 2000 back or a real concern about why didn't the board take this into consideration~ and this $90~000 difference here being eaten up very quickly and surpassed. And I just -- I would hope that we're making the right decision here. I -- CHAIRMAN CONSTANTINE: Of course I suppose that could be true regardless of which we -- whether it's -- MR. OLLIFF: You're exactly right. CHAIRMAN CONSTANTINE: Whichever we award it to~ you could have change orders or delays. COMMISSIONER BERRY: Well~ that's probably true. But, you know, when you're looking at the concerns here that are expressed -- but what I don't understand is, I don't understand why any of this is even a consideration~ why it's even a problem now. And I would hope this is not only about this project~ but we're going to have numerous projects, road projects going on. I would hope that we are doing whatever is necessary in terms of right-of-way and the clearing process and the utilities and all that kind of thing~ so we don't have this as even a question when it comes up of whether the county is doing their part of it. I would hope that we're going ahead and proceeding so we don't have these kinds of delays and have to have this as an issue. MR. BIBBY: Again~ I'd like to make -- CHAIRMAN CONSTANTINE: Mr. Bibby~ you're confident we are? MR. BIBBY: I'd like to make a point on Phase II of this project. The county is not assuming responsibility for clearing and grubbing or utility relocations. We can't. It has to go with the construction contract. It has to be coordinated with the construction. COMMISSIONER BERRY: Okay. Well~ I would be the last to sit up here and delay this road project, okay? This thing has been a millstone around this commissioner's neck for four years. And if that road doesn't get built pretty darn soon~ I'm out -- well, I'm going to be out of here anyway. So you won't have to throw me out, I'm leaving. At any rate, let's just get this road project built, guys, because I'm sure you don't want to hear about it anymore either. Page 46 March 28, 2000 MR. BIBBY: We're very eager to complete this. COMMISSIONER BERRY: And do it for the people that are out there. CHAIRMAN CONSTANTINE: Commissioner Mac'Kie? COMMISSIONER MAC'KIE: It seems to me that the question here is one the challenge is to Mr. Weigel in the drafting of the contract. Because what we are hearing -- if I understand it, what we are hearing today is that we are willing to pay $90,000 extra for a shorter time frame. What Mr. Humphreville is pointing out to us, that we don't have language well drafted that will allow us to enforce that shorter time frame. He's telling us a lot of other things, but that's the one that I'm hearing, because it's the bottom line for me. Is there something that we could do today, Mr. Weigel, to get on the record some clarification with APAC, or whatever is necessary in the contract, to be sure that -- forgive me -- that Mr. Humphreville is wrong, and that we will have the ability to enforce the deadlines and that the ambiguities are not going to prohibit that? MR. WEIGEL: I think so. I think you already have on the record counsel on behalf of APAC indicating that they recognize completion time as being final completion time. If you want to have him come back up and indicate that, that's fine. Let's keep in mind that when the addenda came out quickly in the process here, based on board direction or other impetus, that the contract language itself is not -- or the draft contract that we have in place for these things are not in place in poorly worded fashion. But the fact is, is that if you're looking for further assurances from the potential awardee (sic) for either one of these in your consideration, you may ask them that question on the record right here in regard to interpretation, where one or another claims that there's an ambiguity. I'd '- COMMISSIONER MAC'KIE: I'd like to bring them back and ask you to ask them the question so that it's worded appropriately. MR. WEIGEL: All right. COMMISSIONER MAC'KIE: And with -- the penalty that we're Page 47 March 28, 2000 looking for here is clearly that there's a financial penalty, a liquidated damages penalty if they fail to meet the deadlines that are established. That's what we're looking for, true? CHAIRMAN CONSTANTINE: Make sure that was understood as part of the bid, not that that's new news today. COMMISSIONER MAC'KIE: Right. MR. WEIGEL: Okay. Mr. Ferguson, on behalf of your client, APAC, are you prepared to respond to the board on the record today, indicate that there is no ambiguity and no -- that you have clear -- your client has a clear understanding in its bid response that the 730-day, I believe, completion time is for full completion, not merely substantial completion, and that -- that's a yes or no question. MR. FERGUSON: Yes. That's APAC's understanding, as provided by the bid documents, yes. MR. WEIGEL: And that the promise and indication, the response that you're attesting to right now takes into account the requirements for a utility relocation, whether in Phase I or Phase II of the project? MR. FERGUSON: Yes. As provided by the bid documents, yes. MR. WEIGEL: I believe that's clear for me. If you have any other questions -- CHAIRMAN CONSTANTINE: I understand very clearly from Mr. Bibby's comments that we received two bids, and one was for 730 days, I believe, and one was for 900 days. And so for an additional -- particularly considering how many delays we've undergone out here, if we can pick up three months or five months or six months on that project for an extra $90,000, I think we ought to do that. I understand there's some concerns. I don't think I'm going to agree with them. Unless there's any other questions for our staff, we do have a motion on the floor from Commissioner Norris. Did we have a second on that? COMMISSIONER NORRIS: Yes, we did. I think -- COMMISSIONER CARTER: Second. CHAIRMAN CONSTANTINE: There's a second from Page 48 March 28, 2000 Commissioner Carter. Any further discussion? All those in favor of the motion, please state aye. All those opposed? (No response.) CHAIRMAN CONSTANTINE: Motion carries 5-0. Thank you. We're going to take about a seven-minute break for the court reporter, and then we're going to come back and move fairly rapidly. (Recess.) CHAIRMAN CONSTANTINE: Hi, we're back, and we'll continue with the March 28th agenda. Item #882 TRANSFER OF SIX-LANE IMPROVEMENTS ON GOLDEN GATE PARKWAY FROM AIRPORT ROAD TO SANTA BARBARA BOULEVARD FROM FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) WORK PROGRAM TO COLLIER COUNTY WORK PROGRAM - APPROVED Our next item is 8(B)(3) -- no, I'm sorry, 8(B)(2), approve staff request to transfer six-lane improvements of the Golden Gate Parkway from Airport to Santa Barbara route. COMMISSIONER NORRIS: Motion to approve. COMMISSIONER MAC'KIE: Second. COMMISSIONER BERRY: Second it. CHAIRMAN CONSTANTINE: Motion and a second. Any discussion? Any public speakers on the item? Seeing none, seeing no discussion, all those in favor of the motion, please state aye. Anybody opposed? (No response.) CHAIRMAN CONSTANTINE: Motion carries 5-0. 8(B)(3), continued -- MR. RANT: Thank you, commissioners. CHAIRMAN CONSTANTINE: Thank you. Great presentation, Page 49 March 28, 2000 Edl Item #883 TRANSPORTATION OPTIONS FOR A PORTION OF THE ROADWAY NETWORK BOUNDED BY WIGGINS PASS ROAD, U.S. 41, VANDERBILT DRIVE AND 111TM AVENUE - STAFF RECOMMENDATION APPROVED Item 8(B)(3) continued from the March 14th meeting. That is transportation options for a portion of the roadway network by Wiggins Pass Road. COMMISSIONER BERRY: Build 'em all. CHAIRMAN CONSTANTINE: Hi, there. MR. KANT: Good morning, commissioners. Edward Kant, transportation services director. Unfortunately, I don't think this item will be quite as quick as the last one. COMMISSIONER MAC'KIE: Well, for what it's worth, I'm going to be hard pressed to be argued out of agreeing with staff's recommendation. COMMISSIONER BERRY: I concur with that. MR. KANT: If I may be permitted to spend just a moment and give the public some background on what we've looked at and what our recommendation is. I recognize that this may be old hat, but there are some folks here that are interested, if I can have the board's indulgence? CHAIRMAN CONSTANTINE: Go ahead. MR. KANT: Thank you. This is an item that was originally put on the agenda several weeks ago, and at Commissioner Carter's request we took it back off the agenda and reexamined what some of the options might be to make sure that we had closed the loop and that we hadn't left anything out. One thing that was brought up at both the workshop and in discussions with members of the public was what about Wiggins Pass Road instead of 11 l th. And I believe that staff had always Page 50 March 28, 2000 been of the opinion that it wasn't a matter of either/or but a matter of when. And one of the issues -- or some of the issues that have been raised by some of the residents which we feel do merit further investigation are the issues of the residential driveways connecting 11 l th Avenue at very close spacing; whether or not a roundabout might provide a more efficient terrific circulation pattern at the intersection of Vanderbilt and 111 th than would the proposed signal; and some environmental issues associated with the reconstruction of existing bridges and culverts on Vanderbilt Drive, which again must ultimately be four-laned. In an effort to get to a conclusion that would both ratify staff's original or deny the original conclusions and also provide an individual analysis. The firm of Wilson-Miller was hired and they did confirm that 11 lth Avenue did require four-lane improvements to assure sufficient network capacity. They also confirmed that Vanderbilt Drive would be a candidate for four-lane improvements. Based on the information and based on some of the public concerns, staff developed three options or three items that should be considered. One was investigating the potential for creating a roundabout at Vanderbilt Drive and 11 l th in lieu of a traffic signal. An option to proceed with the work order for Agnoli, Barber and Brundage for the update of the construction plans, which were completed a number of years ago for proposed four-lane improvements for 111th, or to revise the 111th Avenue plans to reflect what staff is terming an enhanced two-lane section, cross-section, which would be in concept similar to, say, Orange Blossom Drive, between Goodlette and Airport, which has two wider travel lanes but has left turn and right turn bays so that the through traffic is facilitated. That section will not provide the ultimate capacity that a four-lane section will, but it will certainly alleviate the existing two-lane problem. The MPO data continues to indicate that 11 lth Avenue would be best four-laned. And the staff recommendation is that we adopt -- that we implement options one and two, which are to Page 51 March 28, 2000 investigate the roundabout and to proceed with the four-laning plans. And we will await your directions. COMMISSIONER CARTER: My question was on three. And Ed, that -- you're saying that is not a possibility, that '- MR. KANT: No, sir, what I said was that if we went that route, that would not provide as much capacity, obviously, as a four-lane route. However, it would provide more capacity than the existing type of two-lane road that's there now. Eventually -- and the eventually is getting shorter and shorter as we talk about these limited network sources. We will still have to do something with Wiggins Pass, we will still have to potentially do something else with 111 th, or find a third alternative. COMMISSIONER CARTER: Okay. If we took option three and widened Wiggins Pass Road, would that not alleviate the situation? And in the future, there may even be another connector further north, way in the distant future, before you get to Bonita Bay Road. MR. KANT: That is a possibility. That modeling has not been done. We can do that as part of-- again, if we're directed to do so. Keep in mind, we're not offering an either/or solution. Eventually additional capacity is going to have to be found in an east-west direction in that part of the county. The extension of the what has been termed east-west Livingston Road, for lack of a better name, at present is programmed to stop at new 41. It's coming east from where Livingston Road comes up, will come east, cross old 41 and then cut across that bottom to new 41, and eventually we will try to eliminate that terrible intersection at The Y. However, the plan, which showed that continuing across to Vanderbilt Drive, goes through some significantly impacted environmental wetlands. And the indications I'm getting from our environmental experts are that that's just going to be a bear to try to get permitted. We've already had several instances where we've had construction in the area, and they've actually required us to use our right-of-way for mitigation. So we were going to have to not only mitigate for ourselves, but mitigate for Page 52 March 28, 2000 somebody else, if we do try to pursue that. So frankly, sir, staff is not looking very kindly on that. We'd have to find yet another way of getting from U.S. 41 to Vanderbilt Drive. And right now the only one -- roads that I'm aware of are going through closed communities. CHAIRMAN CONSTANTINE: Commissioner Berry? COMMISSIONER BERRY: Two concerns. And one is as you know right now, Ed, when you come off of 41 on 11 l th, this is the WaI-Mart corner, the McDonald's corner, and you have the traffic coming from Immokalee Road, the other side, and you're coming through that intersection, and if you're going straight through, you have a lot of people who are coming through on two lanes. And suddenly it dawns on them that if they want to continue on 111 th, they can't do it '- MR. KANT: They have to merge. COMMISSIONER BERRY: -- and so we have this continual cutting in of traffic. Tell me how just an enhanced two-lane would benefit that problem. MR. KANT: I can't stand here and tell you that that would eliminate that problem, Commissioner. COMMISSIONER BERRY: Thank you. Because that, I think '- COMMISSIONER MAC'KIE: It's the bottom line. COMMISSIONER BERRY: -- is one of the biggest situations and the biggest reasons to go ahead and make this a four-lane roadway. And I think you need to four-lane that one, and I think you probably eventually will four-lane Wiggins roadway as well. And you have the park at the end of this. I just -- it makes sense to do it. MR. KANT: There are going to be some Iogistic issues. We're very, very concerned about how we're going to treat the residences which front on 11 l th. COMMISSIONER BERRY: I understand that. MR. KANT: We've had some questions about where will the right-of-way come from. The existing right-of-way along 111 th, as you're probably aware, is much wider than the normal 60 feet that we have. And we have, as those projects develop, we've Page 53 March 28, 2000 been acquiring right-of-way along the north side of the road. Our present anticipation is that if we do need any right-of-way at all along the south side of the road, it would be corner clips at intersections or silvers for turn lanes. And the trick is going to be preserving the residential aspect, at the same time recognizing that we have traffic that needs to move through there. COMMISSIONER CARTER: And that's '- COMMISSIONER BERRY: My second question has to do with the roundabout at t 11 th and Vanderbilt Beach Drive. How does that work for emergency vehicles? MR. KANT: Not particularly different from any other type of traffic control, considering that in a roundabout -- a true roundabout, as opposed to a traffic circle -- the cars, the vehicles in the roundabout have the right-of-way. COMMISSIONER BERRY: Right. MR. KANT: Every approach is a yield approach rather than a stop approach. And if we do a roundabout with a four-lane section, it would have to be at a minimum a two-lane or a two width '- COMMISSIONER BERRY: I understand, okay. MR. KANT: -- two widths of the doughnut, if you will, circle in the middle. That's going to be of significant size. We -- if we're directed to do so at this point, though, depending on what your direct is with 11 lth, we would look at both a single lane roundabout and a two-lane roundabout. The traffic volume capacity of a roundabout is significantly greater, we found in the literature, than is a signalized intersection. So that should help enhance the traffic flow in that area. COMMISSIONER BERRY: They don't have any problems as far as fire to the big hook and ladder trucks, negotiating those? What do they do, just drive over them, or '- MR. KANT: We have -- if you'll notice -- again, I will be happy to provide you more information on roundabouts, but typically they have what's called a truck apron around the center island so that it's uncomfortable for passenger cars, because it's got Page 54 March 28, 2000 about a three-inch lip on it. But emergency vehicles, garbage trucks, have no problem at all traversing with roundabouts. We have three public speakers. CHAIRMAN CONSTANTINE: MR. OLLIFF: We do. CHAIRMAN CONSTANTINE: second put in the on-deck circle. Let's call the first one, and the MR. OLLIFF: First speaker is Dick Lydon, followed by Vera FitzGerald. CHAIRMAN CONSTANTINE: Good morning. MR. LYDON: Good morning, ladies and gentlemen. Certainly nice to be here again. Seems to me we got a chicken and egg situation here. Which comes first? The problems that exist on Vanderbilt Drive seem to me to be driving this particular factor. Four-laning Vanderbilt Drive from 11 l th to Bonita Beach Road is about half done. There's enough turn lanes in there north of the bridge that adding another one isn't going to be a major problem. It's the problem from the bridge, including the bridge, to come south. What we're looking at is a method of getting people from Vanderbilt Drive to U.S. 41. And that method, it seems to me, is first off Wiggins Pass Road. Wiggins Pass Road is sitting there ready to be four-laned. A right-of-way is there, everything is there. You have to move quick, because those folks who are building over at the corner of 4t and Wiggins Pass are already doing things, that means that if we do four-lane it, we're going to have to tear out some of their concrete. That seems to me to be the first priority, get that one done. We still, after being promised many, many times, we have never seen, Mr. Kant, that comparable to Vanderbilt Beach Road type of a design from Wilson-Miller. They have never given us anything to look at that would give us some opportunity to see what the traffic movement would be on your third point to be considered. The roundabout, thank you very much, I'm glad you certainly have taken the second look at that. We do believe that the -- any way you do 11 l th is going to impact the people on the south side of it. The less impact will be the two-laning with the turn-offs. Page 55 March 28, 2000 There's one other thing that scares me to death, and I understand why. There is a proposal to put the cemetery access -- the cemetery entrance in at the same place as the entrance to Saint John's goes. Why do you put more traffic on t 1 l th when you have a perfectly good opportunity to put that particular entrance north of 11 l th on Vanderbilt Drive? You have Signature Properties up there tearing the hell out of things right at the moment with in, out and whatever roads. Let's put it up there. That does not seem to me to create nearly as much of a traffic problem as to adding to the existing problems on 11 l th. In closing, let me just say one thing: Yes, let's look at the turnaround as a roundabout. Two, let's go ahead and do Wiggins Pass Road and get it done. That will take a lot of it off. Three, let's not go ahead immediately to four-lane 11 l th until we -- the neighborhood has seen what it's going to really do to the people in Naples Park. Thank you. Any questions? CHAIRMAN CONSTANTINE: Ms. Fitz-Gerald will be followed by whom? MR. OLLIFF.' Sally Barker. MS. FITZ-GERALD: I must say, this constant push by '- CHAIRMAN CONSTANTINE: You are? MS. FITZ-GERALD: Oh, Vera Fitzgerald, Naples Park. I just can't understand this constant push by -- I think it's capital projects office or something, that just keeps pushing for four-laning 11 lth. It's like they're looking at a map and saying oh, that would make a nice double black line. There's something in this world called a livable city. And when you start putting four-lane highways through residential areas, this is not a livable city. It's the antithesis of a livable city. It just -- it makes no sense to anybody up there in the north end. It's just ridiculous. We could four-lane Wiggins, we can make 11 l th enhanced with turn lanes, and we can have it policy constrained. The more congestion you have, the less traffic you have, believe it or not. That is a fact. And if you put out this great big four-lane road to come Page 56 March 28, 2000 whipping through our residential area past the living rooms of the people who live on the south side of 11 l th, all that will happen is you will bring an enormous amount of more traffic down to use that. They're going to get on 11 t th and they're going to say oh, that 41 and 11 lth is so congested, I'll just cut through Naples Park. So they'll just cut along Seventh, Sixth, whatever. Or they may just say, well, I'll stay on Vanderbilt Drive, and I'll cut up 99th, and I'll zap right through Naples Park and I'll get up on the highway that way. And that's what's going to happen if you drag all this traffic down into what is now a congested area. As they say, you build it and they'll come. And if you do build -- four-land 11 l th, they'll come. And we don't want them. We've got enough of our own. 99th, as we all know, is currently being used as a cut-through. And we're trying to work with the transportation department to do something about that. Now, one of the commissioners, Commissioner Berry, mentioned this problem with merging on 11 l th. There is -- with the odd exception, one in 200 comes down there and says oh, my, I'm stuck. No, they don't. They get up there on Immokalee Road, they're going to go across 41 and they're saying I'll get ahead. So they know one lane goes into McDonald's and into WaI-Mart and the other one goes straight ahead. And what they do is they pull up, they gun that car -- and I know this, because I use that road daily, two, three times a day '- and they gun it and then they cut in front of you. And that's the whole purpose, just to get ahead one car. It has nothing to do with getting stuck out there. It is just -- it's just the typical way people seem to have taken to driving. I don't understand it, but anyway, that's what they do. So it isn't an accident, believe me. I would think that by now our area is almost built out. I think Dick Lydon made a good point when he said that taking traffic counts now with problems on the highway and the construction of the Dunes, it greatly exaggerates what the actual traffic is. So I don't think you should really use those. The cemetery entrance, by all means, please, don't put it on Sixth and 1 t lth. We already have a serious problem with traffic Page 57 March 28, 2000 going in and out of that church. It is big time. And I can't imagine having the cemetery entrance on there, too. What's the matter with having it on Vanderbilt Drive? It's the only sensible thing I have heard about that one. As far as -- oh, and the roundabout. I think that is an absolutely marvelous idea that's decades late. We should go for it. Anywhere I've ever driven where they have roundabouts, I thought they really worked great. I'm not talking about the traffic circles up in Boston where you can get lost for decades, but a good roundabout is a marvelous way to keep traffic moving. And lastly, the only way I can think that you could construct a four-lane highway along 11 lth is to buy out the residences along 11 l th and put up a berm. That is the only way I can see it. And you better hurry up, because Sabatino is going to build his $350,000 townhouses, so that's going to be a pretty expensive proposition. That's the only way you can do it. Please, don't four-lane 11 lth. Thank you. MR. OLLIFF: Sally Barker is your last speaker. CHAIRMAN CONSTANTINE: Hi there. MS. BARKER: Good morning, commissioners. Try to stay as far away from the flu area as I can. For the record, my name is Sally Barker. I'm chairman of the Property Owners Associations of North Collier County/The Second District Association. And I wanted to be here this morning to support our members, the Vanderbilt Beach Property Owners Association, the Naples Park Area Association, and the Property Owners of Naples Park Association, all of whom, as you no doubt know, are unalterably opposed to four-laning of 11 l th. It is the job of staff to plan the movement of traffic around the country to -- county to ensure that traffic moves smoothly with the fewest problems. And staff does that job very well. It is our job to speak out on behalf of the residents of the neighborhoods to try to head off impacts that we feel would be potentially injurious to them. Sometimes these two viewpoints come into conflict, as you very well know, and you're faced with the tough choice of Page 58 March 28, 2000 keeping traffic moving and sacrificing a neighborhood, or protecting a neighborhood and adding to traffic congestion. I commend you for the choices that you have made in the past on these issues, as unpopular as some of those choices have turned out to be among people who do not live in the effected neighborhoods. The problem with 11 l th is intellectually we understand the need to find reliever routes for U.S. 41. However, we also question the appropriateness of funneling the excess traffic from U.S. 41 directly into the heart of a residential neighborhood. Especially an older residential area like this where the homes are so close to the roadway, and where large volumes of traffic have really no reason for being here, other than to avoid U.S. 41. In short, the four-laning of 11 l th is not aimed at improving traffic circulation for people who live in Naples Park or who live in Vanderbilt Beach, but rather to improve the circulation for traffic that is just passing through en route to someplace else. That said, we are cognizant of the fact that 111 th, as it exists now, does need improvements. Which is why we came up with the enhanced section that Mr. Kant has described, which would be two lanes with a median that would house turning lanes that would take the traffic out of the mainstream -- the turning movements out of the mainstream into the church, into the school, into the streets of Naples Park, so the traffic can continue to move along that roadway. But more smoothly does not actually mean faster. And this is the point I think we need to get across. Even with the turn lanes, 11 l th will continue to move relatively slowly as a two-lane section. And that's all right. That's a good thing. A roadway lined with residential driveways, as this one is, along with a school and a church, shouldn't have the kind of traffic volumes on it that move at higher speeds along other collectors and arterials in the county. And hopefully, the slower speeds along a two-lane section of 11 lth would encourage this passing through traffic that are really looking for faster routes elsewhere to find some other way to go. We have an opportunity right now to do something to Page 59 March 28, 2000 improve 11 lth without over-improving it, to the detriment of the neighborhoods it serves. We would strongly urge you to consider option number three. Thank you. CHAIRMAN CONSTANTINE: Thank you. What's the pleasure of the board? COMMISSIONER MAC'KIE: I'm going to move staff's recommendation and just with apologies to Ms. Barker. I'm going to use her words in making that motion, and that is we should find -- people should find some other way to go. There's not one. We need to do Wiggins Pass and 111. We have to do it. It's not the first or the last time that we're going to have these kind of impacts on existing neighborhoods, but we have to do it. I move staff's recommendation. COMMISSIONER BERRY: I'll second it. CHAIRMAN CONSTANTINE: Motion and a second. And I support the -- and I don't know about the balance of the board, but I support the roundabouts, only if they are two lanes and are true roundabouts as opposed to a little circle like on 7th. I mean, that just confuses everybody and makes it difficult to get around. Now we have an actual thing where people can keep moving comfortably. Unfortunately, like Vera said, in Boston I think if you go up to New England, there are several that worked very well where traffic continues to move, you can keep your level of service '-MR. KANT: We would come back to you with a recommendation and a design before we wanted to implement it. CHAIRMAN CONSTANTINE: Don't anybody misinterpret that to say we want to have a traffic system like Boston. Perhaps the COMMISSIONER CARTER: Well, Mr. Chairman, I can support the roundabout effort. I cannot support the second part of the motion. I believe we've got the other alternatives that have been proposed. I also think that we've overlooked, perhaps, that Dover/Kohl might have given us some insight to work with this process, and if we lose sight of widening Wiggins Pass Road, we're making a major mistake. So I cannot support the motion as proposed. Page 60 March 28, 2000 CHAIRMAN CONSTANTINE: All right, we'll call the question. All those in favor of the motion, please state aye. All those opposed? COMMISSIONER CARTER: Aye. CHAIRMAN CONSTANTINE: Motion carries 4-1, Commissioner Carter opposed. MR. KANT: Thank you, commissioners. CHAIRMAN CONSTANTINE: Thanks, Mr. Kant. Item #884 PRESENTATION ON WATER SOURCES TO ADDRESS THE SUPPLY OF WATER THROUGH THE YEAR 2020 - PRESENTED Item 8(B)(4), presentation on water resources to address the supply of water through the year 2020. Good morning. MR. ELTON: For the record, I'm Mark Elton with the South Florida Water Management District, and project manager of the Lower West Coast Water Supply Plant. The Water Management District, following droughts and water shortages in the late Eighties, early Nineties, undertook a water supply planning initiative for development of water supply plants encompassing the water management district. The lower west coast is one of those regions. Since then, the legislature saw the wisdom and the benefit of developing water supply plants in a proactive approach towards water supply, and have incorporated into statutes in 1997. This isn't the first effort within this area in looking at water supply. There was a water supply plant completed by the District in 1994. That plant is currently still being implemented. So this could be considered an update of that plan. A couple of things to emphasize. 1995 and 2020. We're looking towards 2020 as projected demands and trying to identify sufficient sources to meet those. Another important concept of this is we're planning to meet Page 61 March 28, 2000 the demands during what we call the one in 10 drought event. Basically what that means is we're planning to not be in water shortages regionally greater than once every 10 years, which we think is a reasonable level of service. What is a water supply plant? Like indicated, the proactive approach, and what it comes down to is we project out demands to 2020, urban, agriculture and environment, and identify sufficient sources to meet those needs. During this process, we're identifying where historically use sources won't be sufficient to meet those needs, and we're developing strategies so that there is sufficient water as development occurs. Proactive verse reactive. An important thing here is this is not a master permit. This is a regional look, and that there's another level of analysis that's necessary at the local level and through the district permitting process. It's also not a growth management tool. We're charged to identify sufficient sources of water for the projected needs, basically keeping that decision-making process at the local level. The lower west coast region incorporates Lee County, most of Collier, and parts of Hendry, Glades and Charlotte counties. One aspect I wanted to point out here is this is Lake Okeechobee. And this blue represents some of the regional canal networks. And for the majority of this area, it's not connected to the regional system. There's not -- we don't have the facilities for the ability to move water around like we do on the lower east coast. So this area is primarily rainfall driven, except for the C-43 basin. On that point, this area is not short of rainfall. We get over 50 inches of rain a year. However, 70 percent of that falls during our wet season, from May through October. And as indicated in that previous graphic, there's not a lot of storage within that system. So when it rains, we discharge significant volumes of water. When it's dry, we're discharging very little. So management is a key thing in the way of meeting our future needs. Generally speaking, the geology and some of the sources that are available -- groundwater sources that are available to us. Page 62 March 28, 2000 Collier County's somewhere right in there. And basically you -- the historical use sources of water are the Lower Tamiami Aquifer, and more recently, the Floridan Aquifer. A couple of things I wanted to point out is with the Lower Tamiami Aquifer, it's easily recharged from the surface, there's communication, there's not a confining layer prohibiting water to move downward. But also, it's limited in its development because of migration of sea water inland with additional use in the dropping of water tables, but also for protection of the wetland systems here. We don't want to draw down water at a depth where it could be harmful to our natural system. So it is a limited system. And I'll get into that in a minute. Another groundwater source that's available in this area is what's called the lower Hawthorne or the Floridan Aquifer System. There's no communication in this area to the surface. It's recharged in central Florida, Orange, Osceola counties. COMMISSIONER MAC'KIE: That's where the Floridians recharge? MR. ELTON: That's one of the recharge points. But it extends the whole length of Florida and into Georgia. A massive system, lots of water. But the downside is it's saline, it's brackish and requires desalination for uses of fresh water source. Some of the issues we are faced with -- and this effort's been going on for approximately two years -- is a significant increase in growth. And I don't think I have to tell you that. But we're projecting about a 70 percent increase in population to almost a million people in this area by the year 2020. With that comes a need for potable water, as well as irrigation water. Golf courses we're projecting to double, an increase of about 100 courses over the next 20 years, based on historical growth and future projections. Also, we have a significant agricultural industry inland consisting of citrus, vegetables and sugarcane to the north. We are attempting to meet these needs, while protecting our environmental systems. We don't want to cause harm to our inland systems by excessive draw-downs, and also to our Page 63 March 28, 2000 estuarine systems. We want to try to manage our discharges so that we can support a healthy estuarine system. COMMISSIONER MAC'KIE: Which -- that's something we're not doing such a great job on right now in the wet season, because we've put so much fresh water out to tide. MR. ELTON: Right. And one of the problems is the system was designed as a drainage system and worked excellent as a drainage system. Now it's become an integral part of our water supply system, as well as we're recognizing the damage that that is causing, or the harm to those estuarine systems. And I'll get into that in a minute about some of the recommendations. With agriculture, we're anticipating a moderate increase of about 10 to 11 percent. Overall, water demands in this area will increase about 30 percent. We didn't do this in isolation. We established an advisory committee that consists of about 44 representatives from various organizations, local governments. Collier County was represented regularly from the water department, Paul Mattausch. This committee has met about 17 times over the past year and a half; has provided critical feedback to us, to ensure, one, that we've identified issues the issues and concerns of the area, and two, that we've adequately addressed those and have developed options that we can live with and are reasonable. And we tried to use a consensus-based approach. Not that you got everything you wanted, but can you live with the recommendations of the plan. And we've been very successful with that. In addition to the advisory committee, this has also been coordinated with other regional planning efforts. Specifically in Collier County, the Big Cypress Basin Watershed Management Plan, which is looking at the drainage system within Collier County and, you know, how can we modify that system to retain more water in the watershed, which will have a positive influence on recharge to the aquifer system, was also incorporated into this analysis. Okay, so when we used our groundwater modeling from our Page 64 March 28, 2000 1994 plan with the public input we received during the update, we've identified the following issues: The limited -- there's limited expansion of the surficial aquifer system, especially in the coastal areas because of that potential for saltwater and intrusion of wet -- and potential harm to wetlands. Also, the future irrigation demands. There's limited fresh water. Reclaimed water's been used successfully, and really '- especially in Collier County to meet those needs, but there's not enough to go around. You know, like the rain, we have a lot during certain times of the year. Supply and demand. There's times where we don't have enough, and there's other times where we need to dispose of it through discharge of surface waters or through deep well injection. As we indicated earlier, the fresh water discharge to the estuarine system is another issue. And as we address those, there's some potential opportunities that could become available to benefit water supply. And also surface water availability, primarily in that Caloosahatchee Basin. And also, to a much lesser extent, surface water availability within our systems as we address discharge to Naples Bay, Estero Bay and some of the other estuarine systems. COMMISSIONER MAC'KIE: That we may have less surface water available? Is that your point? MR. ELTON: No, I'm saying right now that it's really not utilized in Collier County. The main use is in the Caloosahatchee Basin. There's a potential as we try to resolve some of our environmental needs. There could be some benefits to water supply. Okay, the good, the bad and the good. The good is we've identified sufficient volumes of water to meet our needs through the year 2020 during the one and 10 drought event. CHAIRMAN CONSTANTINE: Could you repeat that? MR. ELTON: Yeah. We have identified sufficient sources of water to meet our needs. COMMISSIONER MAC'KIE: And? MR. ELTON: The bad news is we're going to have to change things from the way we've been doing business in the way of Page 65 March 28, 2000 diversification and management. The good news is we've already recognized that, and that's happening. Collier County -- and I'll get to it in a minute -- has been used as an example of positive things you have done to ensure your water. And these can be met. And I'll get into that in a minute. COMMISSIONER MAC'KIE: That's a good example. COMMISSIONER BERRY: We have done something right? MR. ELTON: Yes, you have. COMMISSIONER CARTER: I would like him to reinforce that, please. MR. ELTON: We looked at -- to resolve these issues, we looked at eight different water source options, from using water more efficiently through water conservation to developing new sources such as the Floridan Aquifer. With these water source options, we developed two types of recommendations: Recommendations termed water resource development recommendations, which are regional in nature and are going to be the responsibility of the Water Management District. And these are more regional to facilitate development of each of these options. There's also water supply development recommendations, which are more guidance to the local water users to facilitate use with these sources. I need to emphasize, this is not a prescriptive plan to water users. We've laid out a menu for which water users can choose to effectively meet their needs. And there's a bunch of different considerations, depending upon the situation on which source you tap. Within this area, the -- for the urban public water supply, we've identified fresh groundwater from the Lower Tamiami, along with Floridan Aquifer waters. Probably the two primary sources are going to be used to meet our urban needs. The good news is Collier County's already went there. You guys have initiated a Floridan Aquifer development program with reverse osmosis to meet your future needs. To address the urban irrigation needs, the continuation and use of reclaimed water and the use of fresh groundwater, but we Page 66 March 28, 2000 need to address the surplus and deficits that we're looking at 2020. And what we're recommending is we need to look at what we term a regional irrigation system or a system that we could move water from areas of surplus to areas of deficit. The sources to this we perceive being reclaimed water, groundwater and surface water. However, that's not going to be enough, because all those sources are seasonal in nature. We need something to balance it out, so we're recommending that we need to look at storage also in the way of aquifer storage and recovery. An example of this system could be your existing reclaimed water system. You have a north system, a south system, and they're either connected or are in the process of being connected, to allow you to move irrigation water, reclaimed water, throughout Collier County to meet those needs. And that's what we envision as some storage and some supplemental sources to meet this need -- meet those needs. And this plan is recommending a more detailed study than the regional approach that we took to refine that and look at potential solutions. COMMISSIONER MAC'KIE: Who's it recommending undertake that more detailed study? MR. ELTON: The Water Management District would initiate that. COMMISSIONER MAC'KIE: What can we do to -- is that -- we may have enough water but not electricity. Is there -- is that going to happen, or is that a possibility? MR. ELTON: That's a recommendation of the plan, with approval by our governing board and budgeting. We hope to carry that -- to initiate that next year. And it won't be done in isolation. The public has a huge tool in this, and especially the utilities and users, to develop the specifics of this system, so that we look at it comprehensively. For our agriculture inland, we've concluded that historical use or groundwater sources are probably sufficient to meet those needs. There's some local considerations that will have to be addressed through our permitting. But regionally we think Page 67 March 28, 2000 there's sufficient water. I need to bring up conservation. That was a huge discussion item as part of our process. And there's a lot of interest within the community for increased conservation. As part of that, the District is going to develop a comprehensive conservation program in concert with local governments and utilities to realize conservation to a greater extent than what we're doing now. Just wanted to point out the sea water option. There's an end-all out there. But at this time we didn't think that it was necessary to look at that any further because of the other options available to us, and with respect to cost considerations. So what's next? We've drafted our documents, and I saved you -- we've gone through the committee several times in reviewing those. We have one committee meeting left on April 7th, one final review, and we will present this to our governing board April 13th for their consideration of approval. Once it's approved, we'll initiate the implementation of the plan. And our board is 100 percent behind these plans and realizing these plans and not making another plan that sits on the shelf. So I think you will see several things occur as a result of approval of the plan. CHAIRMAN CONSTANTINE: Thank you. MR. ELTON: And that concludes my presentation. CHAIRMAN CONSTANTINE: Questions? Commissioner Mac'Kie. COMMISSIONER MAC'KIE: I'm worried about implementation. What -- will your -- will the board be -- will your board be reporting to this board steps that we as a county need to take in order to reach the happy conclusion here that we're going to have enough water? MR. ELTON: There are certain items that we look at partnerships. Especially with the Floridan Aquifer, we intend on developing a regional model to minimize the cost of developing that and gathering hydrogeologic information. We look to partner with entities who are drilling into the Floridan to gather that data jointly. As you drill your wells for the Floridan Aquifer, or water use, Page 68 March 28, 2000 or if you're going to the border zone for wastewater disposal, we want to work with you to collect that data. Conservation I think is another important part where we're going to see some partnerships. COMMISSIONER MAC'KIE: And communication we don't have problems with? You're going to be able to continue to '- MR. EL~ON: Yes. COMMISSIONER MAC'KIE: -- communicate with us so we know what to do? MR. ELTON: And what we plan on doing is conducting regular every three-month to six-month meetings of our advisory committee to keep them up to date on implementation and where we need help and support in implementing the plan. CHAIRMAN CONSTANTINE: Commissioner Norris? COMMISSIONER NORRIS: I'm certainly glad you came down here this morning, sir, and exploded the old water shortage myth that continues to raise its ugly head around here. From what we gather in your presentation, we have plenty of water, we just need to work on our management and capture systems more than anything else. So we certainly appreciate the information. MR. ELTON: Thank you. And we need to do these more often. Because it seems like every time I give a presentation, it rains. When we're talking about water supply or wastewater reuse, it always seems to be raining outside. CHAIRMAN CONSTANTINE: Working late last night. Thank you very much. MR. ELTON: Thank you for having me. CHAIRMAN CONSTANTINE: Appreciate it. MR. OLLIFF: Mr. Chairman, one quick note before you head to your last item. That last blip was actually a good blip. We've had no power to this building as of about 10 of 8:00, and we were on generator power and emergency power from every floor above this without air conditioning. We're back on full power now and they've restored that FP&L lines. That's what that blip was. CHAIRMAN CONSTANTINE: Thank you. Page 69 March 28, 2000 Item #886 INVESTIGATION OF ONE-WAY EXTENSION OF PIPER BOULEVARD BETWEEN LIVINGSTON ROAD AND STRAND BOULEVARD - STAFF RECOMMENDATION APPROVED 8(B)(6), response to the board request for investigation of a one-way extension of Piper Boulevard. Mr. Kant. MR. RANT: Edward Kant, transportation services director. Good morning again, commissioners. On January 25th at the board meeting, the board directed staff to pursue a pathway option along the front of the Carlton Lakes development, in lieu of an extension of Piper Boulevard. And then at the March 14th meeting two weeks ago, the board requested that we investigate the potential for a one-way street in that same location. In the package today -- and I'll use the visualizer for folks who don't have that package -- we determined that there were two options. One option was for a one-way east. And I just -- I guess that blip also turned the visualizer off, if you'll give me just a second, please. CHAIRMAN CONSTANTINE: It's on. COMMISSIONER CARTER: We're on up here, Ed. MR. KANT: I don't have any lights here. Okay, I beg your pardon. I just got so nervous. What we've shown here in the heavy lines would be an easterly one-way route which would require turning movements against traffic for people desiring to go north into the either the Strand development or the shopping center area, and then a counter movement to blend with traffic in this short stretch across the canal for people that wanted to continue to go east along Immokalee Road. The one way west -- thank you, whoever that was -- the one way west -- the one way west option, on the other hand, would permit a smooth right turn flow for traffic heading west back toward the Palm River and Willoughby Acres area. Page 70 March 28, 2000 After careful examination of the area -- and I have some photos here which I can share with you -- showing the geometry in that area, staff is still recommending that in lieu of a roadway, a pathway be pursued. An eastbound roadway would not, in our opinion, be safe. We would not be able to do anything with that intersection that would guarantee motorists the ability to traverse that in any kind of peace and comfort. A westbound one way would work. On the other hand, to what end? What does it gain? It doesn't really give us anything that can't be done presently. I also think that when we get the signal at Livingston and Immokalee, that's really going to obviate some of that need; however, the need for pedestrian, safe pedestrian and bicycle access, is not going to go away, and that's why staff is recommending that we continue to pursue that pathway. We've also had some preliminary discussions with the conservation land trust, the -- I'm sorry, but the full name escapes me -- and they have some funding that they are looking at that they would like to possibly distribute up in that area. Apparently they have some funds left over or in lieu of another project, they don't want to lose the funds, so they've asked -- can I have another 30 seconds -- they've asked for us to consider if we're going to do that pathway, to add kind of a greenway concept to it. And we're investigating that also. So that's why our recommendation does not change from the January 25th recommendation. CHAIRMAN CONSTANTINE: Thank you. Commissioner Mac'Kie? COMMISSIONER MAC'KIE: I don't understand why the one way west doesn't at least relieve some of the traffic on Immokalee. COMMISSIONER CARTER: Yeah, that's my question, Ed. CHAIRMAN CONSTANTINE: Is it in concert -- and this is -- I think we're all probably asking the same thing. MR. KANT: I don't '- CHAIRMAN CONSTANTINE: Particularly with the shopping center there, does it alleviate some of your short-term -- short Page 71 March 28, 2000 traffic coming out of the shopping center, driving down Immokalee Road, half a mile or less and turning in again? Does it just keep them off the main through? MR. KANT: I can't stand here and represent to you that there won't be some alleviation of that traffic. The question becomes -- and frankly, we haven't done an in-depth analysis, but the question becomes for the amount of money that you're going to have to spend to make a roadway rather than a pathway, are you going to get a return in terms of traffic relief? And frankly, we don't see that happening with that type of geometry. If -- you know, the question is can it be done? Certainly it can be done. But what are you getting in return for your expenditure? We don't see it happening. But I'll be happy to perform that analysis if-- CHAIRMAN CONSTANTINE: Commissioner Berry? MR. KANT: -- it's of interest. COMMISSIONER BERRY: One other concern, keep this in mind, at where this point would start. You're going to have a shopping area. Albertson's is coming in there. This would be between Albertson's and the Strand, which is where the Publix is located. So once you come down, if you were to go westbound, you would be coming down along the canal. You would actually be coming into what will be the Albertson's shopping area. And I have to agree, if that one wasn't going to be there, I could see more of a necessity to put this roadway in. But I do think a pathway along there, at this point in time, is something that, you know, we definitely need to consider. Of course, my first -- you know, my first druther would have been that we would have continued Piper Boulevard up along there, and that should have been done years ago. But in light of everything that's happened at this point, with the event of the Albertson's shopping center going in there, and having to get across Livingston Road from the current Piper Boulevard, presents some concerns, because you have a bridge right there as well. But Ed I think was figuring they could somehow negotiate and realign some things and make that work. But that would Page 72 March 28, 2000 take you right on over into the Albertson's shopping area. And then you would have to negotiate around that to get onto this pathway that will then take you on up to the Strand. And then once you get to the Strand, you still have another obstacle to overcome of getting up onto the Strand Boulevard. And you have at that point traffic coming out of the Strand. And so you're going to have to negotiate getting across that to get into the shopping area. COMMISSIONER MAC'KIE: Motion to approve staff recommendation. COMMISSIONER NORRIS: Second. CHAIRMAN CONSTANTINE: We have no speakers. MR. OLLIFF: No. CHAIRMAN CONSTANTINE: Motion and a second. All those in favor of the motion, please state aye. Anybody opposed? (No response.) CHAIRMAN CONSTANTINE: Motion carries 5-0. MR. KANT: Thank you, commissioners. Item #887 EMERGENCY CONDITION DECLARED AND AMENDMENT NO. I TO THE PROFESSIONAL SERVICES AGREEMENT WITH AGNOLI, BARBER & BRUNDAGE, INC. TO INCORPORATE PHASE IV OF LIVINGSTON ROAD DESIGN INTO THE PHASE III DESIGN WHILE MAINTAINING THE SAME PLAN PRODUCTION SCHEDULE - APPROVED CHAIRMAN CONSTANTINE: 8(B)(7), declare an emergency '- COMMISSIONER MAC'KIE: Motion to approve. CHAIRMAN CONSTANTINE: There's a motion. Is there a second? COMMISSIONER CARTER: Second. COMMISSIONER NORRIS: Second. CHAIRMAN CONSTANTINE: Motion and a pair of seconds. We'll give it to Commissioner Carter. Page 73 March 28, 2000 All those in favor of the motion, please state aye. Anybody opposed? CHAIRMAN CONSTANTINE: Motion carries 5-0. Item #888 BID 99-3005 FOR SELECTED FIRMS FOR MANHOLE, LIFT STATIONS AND WET WELL REHABILITATION CONTRACTING SERVICES - AWARDED ACCORDING TO STAFF'S RECOMMENDATION IN THE EXECUTIVE SUMMARY Item 8(B)(8) was 16 something, is manhole lift station. This was pulled from the consent agenda by whom and for what reason? MR. BIBBY: We pulled it because there is also a bid protest on that that we'd like to discuss, and I'm sure they're here today. CHAIRMAN CONSTANTINE: Which means we do have one speaker on this item. Let's go to them. MR. OLLIFF: You actually have three. The first speaker is Mike Angel, followed by Ron McNeil. MR. MCNEIL: Actually, I'll be the first speaker, if that's all right. I'm Ron McNeil, and I'm president of SunCoast Environmental, International. CHAIRMAN CONSTANTINE: Are you all part of a team? MR. MCNEIL: Yes, we are. CHAIRMAN CONSTANTINE: Fine. I don't care what order you go in, as long as you're all -- that's fine. MR. MCNEIL: Because-- MR. OLLIFF: All three of the speakers. MR. MCNEIL: Yes, this is -- I'm here as an answer to prayer, I guess, from the opening prayer this morning about the wisdom and prudence in making decisions financially. And I brought two angels. COMMISSIONER NORRIS: Would you mind addressing us up here? MR. MCNEIL: Yes, I will. I'm sorry. Okay. Page 74 March 28, 2000 We filed a protest on the bid for manhole and pump station rehabilitation, and we've got a product that we've developed over the years that's got 63 U.S. patent claims granted on it in three separate patents. I'm the guy that invented the process. These -- Mike and Holly Angel are -- Mike is with about a two or three billion dollar a year company, international. It does environmental work. Holly Angel is president of SunCoast Environmental Utility Services down here locally in Cape Coral. And they were -- will be our installers for this area for this patented system. We've installed systems throughout the United States and Canada and Mexico. We have '- CHAIRMAN CONSTANTINE: I'm going to ask you to just stick strictly -- if it's a protest to the bid, let's stick strictly to what you think was appropriate or inappropriate about the bidding procedure and focus our efforts there '- MR. MCNEIL: Okay. CHAIRMAN CONSTANTINE: -- rather than the merits of your particular system. MR. MCNEIL: Okay. Well, for one, the -- to quote their most important consideration was that we were the most responsive bidder. That was their most critical contention of the protest. They had asked for a cast-in-place product. And as they state in their answer to Mr. Mohan Thampi, with the county engineering department, said the bid offered by SunCoast is for a cured-in-place technology not contemplated by the bid specifications. Well, it's kind of a play on words, cured-in-place or cast-in-place. What they've basically specified, and we were an alternative to that, was a product where you take a plastic liner and you make a form inside a manhole or pump station and you then put this plastic liner inside and pour concrete over behind it. And of course they're calling that a cast-in-place. Well, it takes 28 days to cure, probably, as concrete would. And our process, we called it a cured-in-place liner. And they bid three different styles of product. They scheduled A, B and C. And I personally am the author of that Page 75 March 28, 2000 whole philosophy behind Schedule A, B and C. This is a news article that was in Water Engineering & Management in February, 1999. And I started that whole thing of Schedule A, B and C for preventive maintenance for the general maintenance of manholes and for the really severe deteriorated falling apart structures. And there had (sic) one other contention was that I didn't '- that we hadn't put in a manhole for Collier County to observe for a year. And in fact, this is some pictures that I'd like to show you. CHAIRMAN CONSTANTINE: We just need you to --you can give that to us, and you need to stay on the microphone while you're speaking. MR. MCNEIL: I will. CHAIRMAN CONSTANTINE: Thank you. MR. MCNEIL: We've in fact done about 70 structures for Collier -- for the City of Naples. I shot those pictures late yesterday afternoon. Those holes have been in -- that job was scheduled to start the very day that Andrew came through in 1992, and so we had to delay about a couple of weeks. We were there during all the cleanup and we did 40 of these structures. I came in last night and shot a few of those pictures at night, actually. And those holes have been in the ground now for -- ever since 1992. I wanted to give you a product to look at. What we do is we pressure clean the structure at 5,000 psi. To give you an idea of how strong that is, you could saw a two-by-four right into with that pressure cleaner. CHAIRMAN CONSTANTINE: I appreciate where you're going, but I need you to really just stay on the bid and what -- because none of us up here are engineers and what we're going to turn around and ask our staff is whether or not you've met specifications, so '- MR. MCNEIL: Yes. CHAIRMAN CONSTANTINE: I know what you're trying to achieve, but we really need to stay on the technical question of did you meet the bid request or not. Page 76 March 28, 2000 MR. MCNEIL: We did meet the bid request, because we -- we are -- we're cured-in-place because we mold our fiberglass hull inside that existing structure. We clean that surface down to the old material that's left after 5,000 psi pressure washing, and we mold in a fiberglass hull that tests out at 23,000 psi flexural strength. And the savings -- and I'll quit right now -- the savings is that in the bid, you have a $500,000 project that we can save you either about $200,000 on, or you can get about 30 percent more manholes lined. The prices -- from the one they had specified originally, their price was $450 a lineal foot for the manholes. Ours was 345, $105 a foot less. That's on the four-foot diamond manholes. On the five-foot diamond ones, we were 435 and they were $675 a foot. So about 55 percent more than our bid. And we far more than qualify. As I say, I wrote the article on manhole rehabilitation that's been published nationally. I've spoken for conventions all over this nation and other countries, Germany and other places, and we selected what the three process were that was a Schedule A project, which was an orange corning fiberglass precast insert that was put in place and poured behind it. The type that they specified, which was a plastic liner with concrete poured behind it and forming, and our Poly-Triplex liner system. CHAIRMAN CONSTANTINE: I need to you wrap up. MR. MCNEIL: Okay. Basically, we are the lower bidder by far. And just because SPERCO probably didn't think they'd had any competition, they did. We're the best product in the Category A, we qualify to be bid, and just because they want to use a play on words of whether it's cured-in-place or cast-in-place, I think that's a ridiculous splitting of hairs for something that could save this city 200 -- or this county $200,000, where you could get about 35 percent more manholes rehab for the same money. CHAIRMAN CONSTANTINE: Thank you very much. We'll save our questions till we go through the other two speakers as well, since it's a team effort. Page 77 March 28, 2000 MR. OLLIFF: The other speaker is Mike Angel, and I believe that Holly Angel, the third speaker, has waived. CHAIRMAN CONSTANTINE: Great. Thank you. MR. ANGEL: Good morning. My name is Mike Angel. As Mr. McNeil mentioned, I am -- I do represent also another company, Seventron (phonetic) Environmental Services, which I'm the underground utility contractor, licensed -- I hold the license for them. But as Mr. McNeil did state, we did meet the specifications in the bid documents. It's a play on word, cured verse cast. Actually, in the documents it does state that they mention two different terms. They mention cured and cast for the other product that's being supposedly awarded for this project. So actually the bottom line is both products are cured, both products are cast. That's our opinion, anyway. Secondly is the cost savings to the county is substantial. You know, it could be possibly up to $200,000. CHAIRMAN CONSTANTINE: Thank you. Mr. Bibby, cured, recast, what's the difference and do they meet whatever our request was for?. MR. BIBBY: Jeff Bibby, public works engineering director. We're always interested in new methods, and we will continue to look at this. We've already looked at what they've done at the city, as well as Lee County. However, specific to our needs right now, we did ask for three different methods: The cast-in-place, sealing and coating with resin lining, cementitious lining. They do not meet the specifications as documented in our response to it. For our needs right now, they did not meet the specifications. We will continue to look at it for future contracts. COMMISSIONER MAC'KIE: In what way did they not meet? MR. BIBBY: It's not a play on words. For the cast-in-place, they do not meet that spec requirement. COMMISSIONER MAC'KIE: How? How do they fail to -- he described something that sounded like casting. Pour it in, he's got a form, he pours it, it hardens. That sounds like casting. So I mean, if we're going to save half price for a better product, I want to understand it. Page 78 March 28, 2000 MR. THAMPI: For the record, my name is Mohan Thampi. I'm with public works engineering. The cast-in-place, which you have specified, uses concrete. A concrete plastic shell is inserted and concrete is poured around it. What they are proposing is a completely different method. COMMISSIONER MAC'KIE: But it's a form that they pour some kind of plastic or something into instead of concrete into. MR. THAMPI: No, it's -- it's a fiberglass method. It's a different method. It's '- CHAIRMAN CONSTANTINE: If I worked in the industry, would I understand the difference between cast-in-place and this product? MR. THAMPI: Yeah. The material used for this method is '- we use concrete plus a plastic liner, a PVC liner. We do not specify fiberglass liner or using the cured-in-place. And it's different. And if you want to get into the merits of which one is better, you know, it's '- COMMISSIONER MAC'KIE: No, because that's not relevant on a bid protest. I mean, the question we have -- it may be '- MR. MCNEIL: Theirs is cured-in-place also. Concrete. CHAIRMAN CONSTANTINE: Mr. Bibby, what I heard you say was it may be a product in the future to look at. It does not meet the particular specifications of this specific bid. MR. BIBBY: That is the case, yes. MR. MCNEIL: This is a multi year contract, four-year. CHAIRMAN CONSTANTINE: Thank you. You've had your opportunity. I apologize, but we do have some forum here. Okay, any questions for either staff or for the petitioner?. COMMISSIONER NORRIS: Move staffs approval -- or recommendation. CHAIRMAN CONSTANTINE: Motion for staff recommendation. Is there a second? COMMISSIONER CARTER: I'll second. CHAIRMAN CONSTANTINE: Motion and a second. Discussion? I understand the concern, and there may be a great deal of Page 79 March 28, 2000 merit. But if my guys who's expertise in this say it doesn't meet our bid specifications, I can't go outside that bid specification. It sounds like we may be looking at this for future opportunities, but I'm going to support the motion. We'll call the question. All those in favor, please state aye. Anybody opposed? (No response.) CHAIRMAN CONSTANTINE: Motion carries 5-0. Thank you. Item #10A EVERGLADES RESTUDY FUNDING OPTIONS - DISCUSSED Discussion regarding the Everglades restudy funding options. Commissioner Mac'Kie? COMMISSIONER MAC'KIE: I put this on the agenda just because I somehow de facto have been getting a lot of correspondence from other counties on the topic. And it may be an issue that we want to get recommendation from staff about whether we take a position on how the restoration funding is allocated, or it may be not. But it seems to me appropriate for us to weigh in on the question. CHAIRMAN CONSTANTINE: Are you looking for us to weigh in today, or just to have enough knowledge to set a direction today? COMMISSIONER MAC'KIE: Frankly, I had hoped -- and I've discussed this with Mr. Olliff -- I had hoped that there was going to be a staff recommendation today. But because of the timing on finding out what was coming out of the Water Management District, they were unable to do that by today. I don't frankly care if we do this today or if we do it in two weeks. I care that we make an informed decision and weigh in appropriately. CHAIRMAN CONSTANTINE: Maybe we could get a brief '- brief being the operative word from Clarence -- and -- because we do have a couple of agenda items still that are going to be -- have a little life to them, have a number of public input. And also, I know Commissioner Norris has a time line here today. So if we Page 80 March 28, 2000 can get an update, we'll keep it fairly brief. And Commissioner Berry, do you have a question? COMMISSIONER BERRY: I just -- I didn't know, I thought we were going to probably have to approve this resolution. And if we were, I would have to object to it, because it says something about the 50/50 cost sharing between the State of Florida and congress. Well, folks, what that relates to is it's 100 percent for you and I. Because you're going to be paying through the federal government and you're going to be paying locally. And so this 50/50 cost sharing, I don't know why they put this kind of misleading information in here, because everybody thinks they're getting a big deal. Oh, we're only going to pay 50 percent. No, you're not, you're going to pay 100 percent. They're going to get you at the federal level and they're going to get you at the state level. So I really have some concern. And there's no way in a million years that I would support that resolution. CHAIRMAN CONSTANTINE: Clarence, if you could just spend a couple of minutes, frame the issue for us, and then we'll get into it in some detail in two weeks. MR. TEARS: Can you hear me? CHAIRMAN CONSTANTINE: We can. MR. TEARS: Clarence Tears, director of Big Cypress Basin. In March, the governing board looked at internal funding for the comprehensive Everglades restoration plan. So the Governor requested the district governing board to come up with 100 million dollars. The district governing board could not find 100 million dollars internally, so as you can see on this sheet, they went back and forth, they cut out some item '- COMMISSIONER MAC'KIE: Something's wrong with the digitizer, guys. We can't read it. You go ahead, Clarence. COMMISSIONER CARTER: Just keep talking, Clarence. MR. TEARS: I thought it was my eyes. COMMISSIONER MAC'KIE: There. MR. TEARS: There we go. Okay. Basically they went through -- originally they had 15.7 Page 81 March 28, 2000 million dollars worth of program cuts, they had 49.1 million dollars internal sources, and all they could come up with was 14.75. The impacts to Collier County would be an alternative water supply program, because we do pay some district funding to the district. And as part of that funding was the alternative water supply program. This year we were able to get $600,000 worth of projects in Collier County. And this is like seed money for like reverse osmosis project, water reuse projects. So it did help the local community. So I do see an impact there. But the district, what they're trying to do is not increase ad valorem millage rates. So some of the options they looked at, there were some external sources, local participation, dock stamp fees, water use fees, garage sales tax. They also looked at airline ticket surcharges, rental car surcharges, road tolls. These were some of the options that they said to the Governor, we cannot meet the 100 million dollar request. These are some ideas that we have to find the funding for the comprehensive Everglades restoration plan. I'm missing one sheet. And for us, this is the ad valorem taxes that we currently pay. You can see where the district tax is the same for this basin and all the other counties in the Okeechobee Basin. Yet the Okeechobee tax is a lot higher for the other 15 counties. My understanding at present, what we would be doing is paying for the improvements in Collier County, Southern Golden Gate restoration, Lake Trafford restoration, Tamiami Trail flow enhancement improvements; all that would come through the basin. The large majority of the projects currently identified, I have already included that in my 20-year capital projection at the current millage rate. And that was based on the conservative growth rate of three and a half percent, which were far beyond that. So we're fine for our local funding. Some of the larger projects that may be identified through this plan would come out of the district funds. Not increasing the district millage rate, but they would come -- the district Page 82 March 28, 2000 would, through the district fund that we give to the district, help compensate us for some of the local projects. Land acquisition, some of the things that the basin budget couldn't handle, or future projects that are identified through the Southwest Florida study could be funded by the district and the basin and having the cooperative agreement with the Corps of Engineers for matching funds. So the idea really for Collier County is it gives us the opportunity to get these projects identified through the Corps and possibly get partial funding for projects in the future that protect the water resources of Collier County. Any questions? I mean, I tried to do it real quick. CHAIRMAN CONSTANTINE: No, that's great, thank you. MR. TEARS: But basically there's no increase in millage rates, and basically we do have the funding in place for local projects through the basin. CHAIRMAN CONSTANTINE: Thank you very much. Item #10B RESOLUTION 2000-96 APPOINTING DAVID LOVING TO THE OCHOPEE FIRE CONTROL DISTRICT ADVISORY COMMITTEE - ADOPTED Let's go to 10(B), appointment of member to the Ochopee Fire Control District. One name here to fill out '- COMMISSIONER MAC'KIE: Motion to approve. CHAIRMAN CONSTANTINE: -- our vacant term. COMMISSIONER NORRIS: One question before we vote on that. Ms. Filson, is it legal he's a -- it says in the letter that he's a city councilman. Is it legal to put him on the fire board? MS. FILSON: There isn't anything in that ordinance prohibiting that. COMMISSIONER NORRIS: Okay. I just wanted to make sure. COMMISSIONER MAC'KIE: Motion to approve. COMMISSIONER CARTER: Second. Page 83 March 28, 2000 CHAIRMAN CONSTANTINE: Motion and a second. Any discussion? Seeing none, all those in favor of the motion, please state aye. (Unanimous vote of ayes.) CHAIRMAN CONSTANTINE: Thank you. Item #10C NAMING OF MLK COURTHOUSE BUILDING RESCINDED AND COLLIER COUNTY COURTHOUSE TO REMAIN AS COLLIER COUNTY COURTHOUSE; SUPERVISOR OF ELECTIONS BUILDING TO BE NAME AS REV. DR. MARTIN LUTHER KING, JR. BUILDING Go to Item 10(C), reconsideration of naming the Collier County Courthouse. Commissioner Carter? COMMISSIONER CARTER: Yes, a couple of things that I'd like to introduce into the record this morning is that I have a petition here of over 2,000 people encouraging us to keep the name of the Collier County Courthouse the Collier County Courthouse, and that we establish a process and a criteria for naming any government facilities within Collier County. Also, there is an option for us, because of the situation, that Mary Morgan has graciously agreed to have us name the board of county elections after Dr. Martin Luther King, I think which is an appropriate opportunity for us to recognize him and the community because of all the work he did in eliminating poll taxes and literacy tests and those types of things, to encourage people to be able to vote in this country. So it is my recommendation to the board that we not name any other buildings in the future in this county until we have process and criteria, and that as the situation is evolved, that we name the board of county -- the supervisory board of elections building after Dr. Martin Luther King. CHAIRMAN CONSTANTINE: Comments before we go to the public? I understand we have a number of speakers. Page 84 March 28, 2000 MR. OLLIFF: Mr. Chairman, I believe you have 11. CHAIRMAN CONSTANTINE: Well, let's get started. MR. OLLIFF: First speaker is Rufus Watson, followed by LaVerne Franklin. CHAIRMAN CONSTANTINE: And if the next person in line could just kindly come up and stand behind the podium, we'll move that along fairly rapidly, since we have so many speakers. Good morning. MR. WATSON: Good morning. My name is Rufus Watson. I'm chairman of the Collier County Black Affairs Advisory Board. A few weeks ago the board took action to name the courthouse after Dr. Martin Luther King. This action by the board created controversy, pro and con. However, as a result of that controversy, some dialogue was created between all parties that were interested and had some sort of interest in it. I hope today is the day of a start of a new and cooperative spirit that will bring about all citizens of Collier County in a positive way. We should let the naming of the elections building in honor of Dr. Martin Luther King, Jr. be an example of a positive and creative spirit of the citizens of Collier County. I don't think that we need to look backwards at the issues that would tend to divide us. Instead, we should look forward at the issues that unite us. For you, the commissioners of Collier County, your action today and acceptance of this recommendation will be a historic -- will be a heroic and historic message throughout the state that people of good intentions can take actions that will result in inclusions rather than exclusions. And by the way, the Black Affairs Advisory Board did adopt a resolution on March 20th, unanimously supported the naming of this building. I thank you. CHAIRMAN CONSTANTINE: Thank you very much. Ms. Franklin will be followed by? MR. OLLIFF: Frances Barsh. MS. FRANKLIN: Good morning. My name is LaVerne Franklin. Page 85 March 28, 2000 I'd like to submit to you 622 petitions. I also submitted to you in January 532 petitions. And so that bring the total to 1,154. And at that time we asked for highway, then we went to the Courthouse, and now we're here at the elections building. So the numbers clearly indicate that there is a genuine interest in naming something permanent and honorable in honor of Dr. Martin Luther King. And I stand here before you and say that compromise is a fine art. And I think that we have gotten to this point that we are here to support that idea that we should name the board of elections building in honor of Dr. Martin King. We are here willingly and openly supporting that idea. And we should move on with our lives and have something in honor of him suitable. And indeed, I'd like to thank Mary Morgan and her staff for bringing forth this idea, and we totally support that. Because Dr. King, one of his great missions was to bring voter registration empowerment to the people, and that is clear throughout the United States, especially here in the south. Because without Dr. King and that movement, a lot of people would not have the power to vote. And I thank you so much, an I hope that you will pass this. CHAIRMAN CONSTANTINE: Thank you. Ms. Barsh will be followed by whom? MR. OLLIFF: Jane Varner. CHAIRMAN CONSTANTINE: Good morning. MS. BARSH: Good morning. I'm Frances Barsh. I'm a resident voter and a taxpayer in Collier County. My parents were immigrants. They regarded themselves as Americans of Polish heritage. I am the first generation of our family born in the United States. I regard myself as an American of Polish heritage. I am not a hyphenated American. The naming of buildings in the Collier County complex after single personages is the practice of special interest pandering and the policy of exclusion. Such custom is a method which gives an excuse to discriminate in the name of diversity. It is a method which does not constructively serve anyone or any community. Page 86 March 28, 2000 For this reason, it is crucial to the integrity of government and to the forthright recognition of diversity and equality for all that the buildings in the government complex and that the complex itself be identified only by location and function. Champions of freedom have no exclusive face, color or gender. A civilized society is achieved by people of all faces and all colors. It is achieved by men and women alike. It is the legacy of the nameless shoulder, who gave his life on the battlefield, just as it is the legacy of those who garnered fame in their pursuit of civil rights. It is our obligation to those champions to keep the character of government free of exclusionary policies and selectivism. To do otherwise is to embrace government practices of methods of diversity which exclude, divide and destroy. At the February 22nd meeting, Fred Thomas spoke of a quilt of diversity in this county; a quilt that would blend to a neutral beige, just as the wall in back of you. A quilt that would enjoy and respect diversity. Naming government buildings will not make that quilt. But there is a way. There is a way in which all the diverse people of this county can join together in moving forward to a method of diversity which is inclusive, cooperative and constructive. I put forward an individual suggestion. It is independent of the Botanical Garden. It is offered in the spirit of constructive American diversity. The Botanical Garden is a new entity in Collier County. It is just beginning, and has great promise for the entire community. Its location in the tropical zone offers singular conditions for horticultural research and development. Why not cultivate unique strains of orchids honoring great Americans? Why not cultivate a Martin Luther King orchid, sponsored by the NAACP, Susan B. Anthony orchid, sponsored by the League of Women Voters, a Marconi orchid, sponsored by the Italian-American Club, a Jonas Salk, sponsored by medical societies; all of these set in a great Americans pavilion with commemorative figures and descriptive designations could bring the people from all over the world to see how we, in Collier County, can practice the method of constructive diversity. Page 87 March 28, 2000 I dare say that all of us in this chamber share a common heritage of slavery somewhere along the line. The practice of slavery has existed from the beginnings of time. It has been experienced by the diverse people of all the continents of the world. The etymology of the word slave is slav. Let us be candid; slavery does not have one face, nor does it have one color. It should not be an excuse, nor should it be a reason for demarcation. Booker T. Washington said, and I quote, there is a class of colored people who make a business of keeping the troubles, the wrongs and the hardships of a Negro race before the public. Some of these people do not want the Negro to lose his grievances, because they do not want to lose their jobs. It is time to move on. In Collier County, we have a chance to celebrate American diversity at its best. We can recognize all those great Americans who championed freedom, who championed civil rights, who achieved women's suffrage, who set the foundation of the technological communications age we live in, and who freed the world of polio. This is a sampling of the American quilt of diversity possible; the American quilt of diversity that can be honored in a Collier's -- in Collier's Botanical Gardens. There are many possibilities. I urge you, the leaders of Collier County, to extend your thinking. I urge you to have the courage to move forward, to set an example to be followed by other communities. I urge you not to compromise, not to move backwards. I urge you to keep the buildings of Collier County government reflective of what government must be; neutral, unbiased and dispassionate. Only that kind of government achieves the freedom, liberty and equality which Martin Luther King himself espoused. Thank you. CHAIRMAN CONSTANTINE: Thank you. Ms. Varner will be followed by whom? MR. OLLIFF: AI Moore. MS. VARNER: Good morning. My name is Jane Varner and I'm a resident of Collier County. The renaming of the courthouse from Collier County Page 88 March 28, 2000 Courthouse to Martin Luther King, Jr. Courthouse has created controversy and hard feelings. And this is really a shame. But I must ask you that since courthouses are generally named for the counties in which they reside, it is only right and fair that you return to our courthouse its original and rightful name. And furthermore, the whole of the government complex, in the interest of peace and harmony, should not carry any other name than that of Collier County, indicating the different buildings merely by their function. If the government center has neutrality, favoring no one, then no one will feel slighted or favored. Regarding the naming of the supervisor of elections building, I recognize the offer of conciliation, but we have other notable people we could offer. Susan B. Anthony could rightfully have her name on the building. She worked for anti-slavery, she was a founder of the women's loyal league to fight the emancipation of slaves. And she urged full participation of Blacks in the Women's Suffrage movement. And although Black men were granted the vote by the 15th Amendment in 1870, women of all races continued to be excluded until the ratification of the 19th Amendment in 1920. So Susan B. Anthony, in her work has every right to have her name on the supervisor of election building. But I'm not asking for that, because I'm adhering to our request for no names and neutrality. Also naming another building without a process violates what seems to be or seemed to be your future intention to avoid these problems. There were some comments made before Ms. LaVerne Franklin commented, that the county hadn't addressed the concerns of Blacks. Since the Blacks in Collier County have the same legal rights and protection of Whites, she can't be talking about legal rights, so is she talking about special considerations? Is she talking about things she feels entitled to at the expense of others? It sounded as if we were hearing that the people of Collier County owe certain things to certain groups. Another statement by Ms. Franklin was that people were brought here. Now, I don't know what that's supposed to mean. Page 89 March 28, 2000 Everyone is free to decide where they want to live and who they want to work for. She can't be referring to slavery, because that ended in the United States 135 years ago. And while it has existed for all races, and even still does exist in some parts of the world, it does not legally exist here and now. Another thing I don't understand is the comment that somehow this county doesn't acknowledge the Black community enough. It seems to me that we just had Black History Month and celebrate Martin Luther King's birthday, which is a national holiday established for him alone, while we have bunched together other White notable males into generic terms for holidays. And we have no holiday for any woman. So I would say Martin Luther King, Jr. has unusual and amazing acknowledgement. Of course, I wish we could do away with looking at people by race, ethnicity, gender or whatever. This diversity craze may sound high-minded, but it really means division, and it doesn't unify us one iota. Justice should be blind and we all should be grateful for the vast opportunities this country offers. We're Americans first and last. Everyone who has come here or was born here has had to build his own worth. And true pride does not depend upon someone else's efforts. Each one of us must earn our own glory. It cannot be achieved by taking it from someone else. In closing, I again appeal to you that you return our courthouse to its rightful name, Collier County Courthouse. And to save us from future controversy, please abandon the naming of other buildings in the government complex. You, our commissioners, have your plates full addressing vital issues in the county, one being growth. Your concentration should be on those things necessary for the safety and well-being of everyone in the county. Thank you very much. CHAIRMAN CONSTANTINE: Thank you. Mr. Moore will be followed by whom? MR. OLLIFF: Jack Sodergren. MR. MOORE: Good morning, commissioners. My name is AI Moore. I'm a resident of Collier County. And I'd like to say thanks Page 90 March 28, 2000 for the opportunity to address this issue. And as you can see, the issue -- there are still issues out there in reference to race. So I just ask you to consider, when you're making your deliberations, to take those -- take that into consideration. I would applaud you for the recommendation to name the elections building after Dr. Martin Luther King. I think that was one of his primary focuses, and I think it would be very appropriate. I would ask also, though, it's my understanding that that building will be replaced in the near term. I'm not sure exactly what term. But avoid controversy again, that it should be that the name should follow with the new facility. For those who have said that we should remain neutral here in Collier County, I would point to Washington D.C., which is the capital of our country, and I would say that you can name numerous monuments, the city itself, as reference to recognition of people that have done great things for this country. And that's the big thing about Martin Luther King. He proposed that the country come together and live up to its greatest potential. And that's what we're all about. Thank you. CHAIRMAN CONSTANTINE: Thank you. MR. OLLIFF: Next speaker would be Tom Macchia. CHAIRMAN CONSTANTINE: Tom Macchia. Macchia will be followed by?. MR. OLLIFF: Is Jack Sodergren not here? CHAIRMAN CONSTANTINE: Apparently not. MR. MACCHIA: Good afternoon. CHAIRMAN CONSTANTINE: Hang on a second, Tom. MR. OLLIFF: Marilyn Von Seggern. CHAIRMAN CONSTANTINE: Thank you. MR. MACCHIA: I'm going to first read a statement, and then I'm going to pass some remarks about the statement. Maybe I'm becoming too critical at my old age, but I find very few things that human beings do that make any sense. Consider the following: Why would anyone want to change the name of the Collier County Courthouse? That's what it is, the Page 91 March 28, 2000 Collier County Courthouse. I see no sense in naming roads and buildings after people unless there is some relevancy to it. It makes more sense to me to name roads and buildings for their location, which identify them, such as Corkscrew Elementary, Middle School, Immokalee High School, Lely School, Golden Gate Parkway, Tamiami Trail, Immokalee Road, Collier Boulevard, et cetera. Why doesn't the NAACP stick to its original purpose, which is the advancement of Colored people, instead of trying to change the names of everything to Martin Luther King. This statement was a letter to the editor. It was not written by me. And although I completely concur with everything that was said in the letter, I will be called a racist for having those views, while the fellow who wrote the letter is certainly not a racist. His name is Eddie Flier (phonetic). He's a proponent of civil rights, he is in favor of the -- he's certainly not a racist. Yet what bothers me is the fact that I as a person cannot disagree with anybody who's Black. I have the narrow option of only being a racist. I cannot oppose Martin Luther King because I don't like the man, because I'm not enamored by him, I must be a racist. And people are talking about people bringing people together and being friends. The NAACP knows full well that people in this county probably don't share their view of Martin Luther King. And this is an in-your-face type of thing, trying to name something. I personally am enamored with Clarence Thomas and Walter Williams and Thomas Sole and J.C. Watts. And the reason I like them is not because they're Black, it's because they're conservative. And it looks like a foregone conclusion, but I wish you people would back off and stand up and say no. Thank you. CHAIRMAN CONSTANTINE: Thank you. Our next speaker?. I'm sorry, Tom. MR. OLLIFF: After Ms. Von Seggern would be David Shealy. MS. VON SEGGERN: My name is Marilyn Von Seggern. I am co-chair of the social action committee of the Unitarian Universalist Congregation of Naples, along with my colleague, Page 92 March 28, 2000 Maureen Armor. The courthouse incident highlights the need for sensitively and respect for the values and culture of all citizens of our community. Until one has walked in the shoes of one of our Black citizens who has and still does suffer from discrimination in Naples, one cannot know the level of pain and insult that has been inflicted by this incident. To offer and then withdraw a recognition that is so meaningful truly sends a negative message. I hope that this community has learned a lesson from this debate. Now is the time for the community leadership to: One, stimulate a broad-based effort to address racist attitudes evident in some areas of our community; two, develop programs to promote justice and equity for all citizens; and three, make adjustments to official procedures and processes that recognize diversity, socioeconomics issues and minority needs. I urge the commission to lend their support to such efforts. Thank you for your time. CHAIRMAN CONSTANTINE: Next speaker is Mr. Shealy, and he'll be followed by? MR. OLLIFF: Jerome VanHook. CHAIRMAN CONSTANTINE: Good afternoon. MR. SHEALY: Good afternoon. My name's David Shealy, and I'd like to say that I'm happy to hear, seems like there might be a compromise coming around. And if that be, I hope there's a decision made today on that. Because the only decision that's a bad decision is no decision at all. We can't keep going on with this. This is an item that should have never been brought up in the first place, under these conditions. My mother taught in a Black school. I grew up sitting on the floors of one of the first all Black schools in Collier County. My mother was a secretary there. She -- but back then they had a multitude of jobs. I remember sitting there with no air conditioning, the windows wide open, mosquitoes blowing in. My father always helped people when they came to the house. And many a time at night a Black person would come to the house, and my father would help him. And I remember Page 93 March 28, 2000 desegregation, when they started putting the schools together instead of having different schools. I remember that. But, you know, one thing I don't know anything about is racism. My mother and father never taught me about that, thank God. And I think this whole issue is really a big black eye to Collier County, not only here but afar. Word of this has spread, you know. And I can't believe the NAACP is backing down. I just can't believe it. It's beyond he me. And I think you should take this opportunity to do the right thing and make a decision. Thank you very much. CHAIRMAN CONSTANTINE: Thank you. Before Mr. Van Hook comes up, our reporter from Fox News, I'm pretty sure there's a sign back there referencing cell phones. If you don't have a vibratory function on there, I'm going to ask you to turn it off, because that's twice this morning it's rung. Mr. VanHook? MR. OLLIFF: And the last speaker following Mr. VanHook will be Mary Morgan. CHAIRMAN CONSTANTINE: Thank you. MR. VanHOOK: My name is Jerome VanHook. I'm the president of the NAACP. And I would like to thank everyone for their comment. I think that when we truly express our feelings, we can get to a bottom -- the bottom of a lot of problems that exist out here. There was a lot that I was going to say, but a lot has already been said, so I'm going to shorten it up quite a bite. And I know the commissioners would like that. We had the opportunity to witness a lot of things over the past couple of weeks. I understand with the conclusion probably it's going to end up being as far as the courthouse naming. But it was a good gesture. And I would like to take this time to send our warmest thanks in efforts to Tim Constantine, Commissioner Tim Constantine, Commissioner Pam Mac'Kie. I know the community was expecting us to retaliate negatively on the conclusion of the courthouse, whether it was to stay Martin Luther King or if it was going to be called the Page 94 March 28, 2000 Collier County Courthouse. And the NAACP is not going to retaliate in any form, because what we're trying to do is we're trying to let the community know that there comes a time when we have to come together as a group. And even though I've heard compromise, I think it's more than a compromise. It's leaders coming together to decide what is going to be in the best interest of the community. There's been a lot of fighting, a lot of verbiage that has been going on. That is really sad. And I think that we need to bring this to an end. And as some of the individuals have said, as they have come up and spoke, that we need to move on. Now, it is obvious that there are a lot of issues based on the conclusion of whatever happens today. And what we need to realize is that racism and prejudice is obviously a lie, even in Collier County and the rest of the nation. We know that. What we need to do, and as leaders, we need to be able to talk with one another, find out what the problems are, and then come up with a conclusion that again would benefit everyone. And I think that's why we elect the officials that are in front of us today. I hope that at the end of this ordeal we can, all of us, all the individuals that came up and spoke, we can shake hands and start the process of being a community with many cultures instead of a community that is separated by different cultures. So I would like to thank everyone, and I hope that at the end, that we all can work together. And when there are problems, if we could come together as a group, as a unit, I feel that there's nothing that we would not be able to overcome. And the NAACP stands for the National Association of the Advancement of Colored People. But that does not just mean Black individuals. That means people of all colors. And it just doesn't mean civil rights, that means issues that is affecting the community as a whole. And that's what we would like to do. We don't want to just come up here and talk about things that are negatively impacting the community. It would be nice to be able to talk about some of the positive things as well. So I thank you all. I hope that we come up with some kind type of a compromise that we all can agree on and we all would Page 95 March 28, 2000 be happy with and then we can move forward as one community and not a community of just different cultures. Thank you. CHAIRMAN CONSTANTINE: Thank you very much. Ms. Morgan. COMMISSIONER MAC'KIE: And while she's coming up, I just want to thank the local chapter of the NAACP and commend you for your political maturity~ for one thing. But most of all~ for your leadership on this issue~ in the finest tradition of Dr. King. I think the action that you've taken today is exactly what he would have donel and I appreciate it, commend you for it. MS. MORGAN: For the record~ I'm Mary W. Morgan~ supervisor of elections for Collier County~ Florida. For what it's worth with respect to my comments, at least three of my forefathers were involved in the fight for independence of this country over 200 years ago. And while I don't really like to say that I'm proud of being born in a state where a lot of Dr. King's headline events took place, I was. Any decision that you make on any day~ you probably alienate half the voters in this county. But when you're making those decisions~ I personally believe that you're trying to do what you think is best for the voters and the residents of the county. And the decisions you have to make are tough. And this decision is probably one of the tougher ones~ because you're not only going to look at what's legally correct~ but probably what's morally right. In 1870~ the 15th Amendment to the Constitution was passed~ and that gave people the right to vote without respect to race~ color or previous condition of servitude. And about 90 years later it became apparent to the outside world that a lot of the states -- or a number of the states have passed laws that were barriers to exercising their 15th Amendment right. Those states had passed poll taxes~ they had a literacy test. And when I turned 21 and was old enough to register to vote myself~ I was subject to those requirements. Dr. King is the symbol of all of the people who were involved in calling this problem to the attention of our nation and to pricking the conscience of the nation. And some 95 years after Page 96 March 28, 2000 the passage of the 15th Amendment, then congress passed the Voting Rights Act of 1965, which again reiterated the intent that everyone would have the same rights to register and vote, and to participate in the election process, and perhaps even be candidates for office. While I wouldn't try to tell you how to make your decision or what it should be, I do think it would probably be more appropriate that the building that houses the process of registration and elections would be more appropriately named the M.L. King Building. I urge you to make that tough decision and send the minority members of our community -- and I mean all the minority members of the community -- that we have a message of inclusion and appreciation for the injustices our forefathers may have brought to bear on them and that we acknowledge them for the important contributions they've made to our county and to our nation. CHAIRMAN CONSTANTINE: Thank you. Is that all? MR. OLLIFF: That is all your speakers. CHAIRMAN CONSTANTINE: I've got some comments. And I understand the concern for those who have seen great controversy over the last few weeks. However, the suggestion that we not name anything for anyone because someone might be offended, while in the year 2000, that would be politically correct, I think is very short-sighted. And I don't think naming something for someone is exclusionary. Mr. Moore made the reference to Washington. Not only are monuments there, but buildings are there. You take the great leaders in the history of Congress and the congressional buildings are named for them. You take the great leaders in the United States Senate building and the Senate buildings are named for them. And you can look at that all over the country. Washington obviously is the most obvious symbol. But to suggest that that is exclusive I think is too bad. I think this building is a great example. The Harmon Turner Building. The vast majority of people that live in Collier County moved here from somewhere else. And if you're from Page 97 March 28, 2000 Youngstown, Ohio, you probably grew up learning the history of Youngstown, Ohio. But if you moved here as an adult, you probably don't have a clue about a lot of the history of Collier County. And things like the Harmon Turner Building will teach you that history. When you come in, if there's a plaque there that explains Harmon Turner, he was the first county manager, and a brief history of that. If nothing else, it may spark some interest in local history. So I don't think that is bad, I don't think that's divisive, and I think Mary Morgan's comments about Dr. King and his influence on the elections process makes the obvious connection there. My intent, when I brought this up a month and a half ago, was not to be divisive or to be exclusionary. It was supposed to be educational and an honorable thing. And I certainly apologize for the controversy it generated. I had no idea that would happen. I want to applaud the Black Affairs Advisory Board and the NAACP for the leadership you've shown here today. As Jerome said, you could very easily come here and fight and scrap and argue, and you're not doing that. I appreciate your words on trying to bring the community together and do what's in the greatest good of the community as a whole. And I think that's what all of us are trying to do. I think the election building is a fair compromise. I think Mr. Watson's comments about it being inclusive is correct. I think the fair compromise is there. And I think we ought to do exactly what Commissioner Carter has suggested and that is freeze any future naming until we put together a policy. And that can't take more than a month or two to lay out some sort of policy. And I don't know that there's a rash or a rush on doing any naming right away anyway, but at least until we do have a formal policy, so we can avoid any difficulty in the future. I think that's a great idea, Commissioner Carter. And we can decide how and when and who at some future date. But I think the naming of the election building is a fair compromise, it deals with it appropriately, and allows us to move on from here. Page 98 March 28, 2000 COMMISSIONER CARTER: I just want to reinforce one more time that the reason I brought this back is we didn't have policy, we didn't have a process, we did not have criteria. And if we can come out of this with that for the future, then we won't be in these situations again. And I am comfortable with where we are. I think some great remarks have been made this morning. I think what Frances Barsh brought forward, the idea with Botanical Gardens is also another excellent idea, thinking outside the box, the kind of things that we need to do. So I think the challenge now back to staff, make sure that we don't end up in future meetings having controversy that divides a community. And that was not my purpose. But I wanted process and I wanted criteria, and I thank you for your indulgence. CHAIRMAN CONSTANTINE: Commissioner Mac'Kie? COMMISSIONER MAC'KIE: In the interest of compromise, I'd like to make a motion that we un-name the Collier County Courthouse and that we designate its name to remain the Collier County Courthouse; that we name the elections building the Reverend Dr. Martin Lutheran King Elections Building. COMMISSIONER NORRIS: Junior. COMMISSIONER MAC'KIE: What? Junior. I don't think there's a question about that. And that the name -- that name survive the reconstruction of the building. COMMISSIONER NORRIS: Second. CHAIRMAN CONSTANTINE: Other comments? Mr. Weigel? MR. WEIGEL: Okay. Well, that's -- that motion is fine, and may the record reflect that that is a motion on the reconsideration agenda item that's before the board today, with the additional motion and vote of the board to be taken in regard to the renaming of the elections building as per all of the statement of the motion-maker, Ms. Mac'Kie. COMMISSIONER MAC'KIE: Thank you for clarifying my intention. COMMISSIONER CARTER: I believe initially that's what I Page 99 March 28, 2000 said in our opening remarks, that we would not name the building after -- the courthouse after Dr. Martin Luther King, it would remain the Collier? County Courthouse, going to Commissioner Mac'Kie's motion just now. CHAIRMAN CONSTANTINE: Motion, second. Discussion? All those in favor, please state aye. Anybody opposed? (No response.) CHAIRMAN CONSTANTINE: Motion carries 5-0. Thank you very much. COMMISSIONER BERRY: Can I make just one comment? CHAIRMAN CONSTANTINE: Sure. COMMISSIONER BERRY: This has to -- this has nothing to do with this other than the upcoming policy that may well be drafted. And I have just two comments that I think on that, and two points that ought to be made and build the policy based on these, and that's dead and local. CHAIRMAN CONSTANTINE: Agreed. Particularly dead. But COMMISSIONER CARTER: Well, I would support what the rest of the State of Florida has done, where 61 courthouses are named after the county and only four after that were dead and local. MR. OLLIFF: Will we take that as board direction then that that's the parameters that you'd like that policy drafted around? CHAIRMAN CONSTANTINE: Let's work on that another day. COMMISSIONER MAC'KIE: Yeah, because I'd like to '- CHAIRMAN CONSTANTINE: But I think those are a good start. Item #10D GOLDEN GATE ESTATES AREA CIVIC ASSOCIATION SURVEY RESULTS- DISCUSSED Let's go to the next item, it's t0(D), discussion regarding Golden Gate Estates Area Civic Association results. Page t00 March 28, 2000 You have in your folder a -- the numbers that came back. And what the state's area civic association had done is originally made a vote. There were a limited number of people at their meeting. There was some concern over whether or not that was truly representative. They did a mailer to all of their members. And then there were other people that said gee, I'm not a member, can I participate, too? We sent them ballots. I read in the paper, and I wanted to ask Commissioner Berry, apparently there may have been some lobbying going on to the folks who voted in this, and I didn't know '- COMMISSIONER BERRY: I wanted to make a comment. There had been some question; I was asked in regard to was it broad-based enough in terms of the civic association. And I made a comment that I had hoped that we could get other input together. That -- and then it got down to well, those people came to a meeting. And I said, well, I would hope that those that come to a meeting, that is what we would consider today if they had not participated in the survey. In other words, don't be counted twice. In other words, if you've already made your wants and wishes known on the survey, that there's no need to come back. CHAIRMAN CONSTANTINE: Your intent was not to exclude anybody. COMMISSIONER BERRY: Not to exclude anybody but to include and expand it. But you don't need to feel like you need to come back and say the same thing all over again, if you've already been counted. But I did want to make sure that it was as inclusive as possible, because there are a number of people who live in the Estates that are not members of the civic association that may want to weigh in on the issue. And I thought it was only fair that they be included in this particular survey. CHAIRMAN CONSTANTINE: And Ms. Filson, we did get a handful of calls asking for those from non-members of the association, didn't we? MS. FILSON: It was probably less than five. COMMISSIONER BERRY: A handful. Page 101 March 28, 2000 CHAIRMAN CONSTANTINE: The numbers, I think for a couple of reasons, are fairly overwhelming, particularly as it pertains to a grocery store, that are in favor of the activity out there. And Commissioner Berry's probably more in touch with this than anybody, but with the traffic and the time now it takes to try to go buy a loaf of bread. Or your alternative is to pay triple the cost at a particular store out there. So I think the idea of having some alternative is overwhelmingly supported by the community. The objections seem to come from people who want to make sure that the Boulevard doesn't end up as a commercial strip up and down, which I don't think is in danger here. But I think we need to reassure the community that's not the intent of this at all. We have a couple of public speakers on this? MR. OLLIFF: We do. Your first is Ty Agoston, and I don't see him, but Steve Dellecave is also scheduled to speak. CHAIRMAN CONSTANTINE: Good afternoon, Ty. MR. AGOSTON: That's right. You are now in my martini time, so -- good afternoon, everybody. My name is Ty Agoston and I live in that disadvantaged Golden Gate Estates. And I am here to protest the actual limits that were placed on this discussion. As I understand, Golden Gate Estates at this point is only 25 percent built out. You're going to have a lot of people going to move there and live there. And it's already '- traveling on Golden Gate Boulevard is a catastrophe. You have three blank open corners on the corner of Golden Gate Boulevard and Wilson. And for you to limit commercial development to whatever, six, seven acres, is unreasonable. Most people there would prefer a full preferably nationally known grocery chain who would not think of building anything less than a 40,000 square foot, which is the normal size of a grocery store. What you are going to do with limiting the size of commercial development there is having a Mickey Mouse operation which is overpriced, just like the gas station that is there now. So you in a sense disadvantage a lot of young married Page 102 March 28, 2000 people who live there now, have to get in line to buy a loaf of bread, or travel -- I told you this story before, that it took me 48 minutes to get back from the library. It will take two or three hours to get to the supermarket. I believe that you should open up the commercial allowance on that corner sufficiently so you can build a decent supermarket. I'm just watching, make sure he doesn't fall down. COMMISSIONER MAC'KIE: He ain't falling. CHAIRMAN CONSTANTINE: Wincing a little. Falling, no. COMMISSIONER NORRIS: I'll be back. (Commissioner Norris exits the boardroom.) MR. AGOSTON: But the fact of the matter is that by you limiting that corner development to that seven acres is not a fair treatment of the Estates. And there is no reason for you to do so. The space is there. A space is available. It's a question of economics, and I'm sure that you'll find -- no, you don't have to find anybody. I'm sure there will be people coming forward to offer to buy those or develop those. And the discussion should not be focused on building a small store, the discussion should be focused to satisfy those people. They could use a drug store, they could use a full-service supermarket and whatever else you could fit into a country-like setting. I'm not suggesting that it should be a commercially full-blown corner, but it should provide the services a young family needs. Thank you very much. CHAIRMAN CONSTANTINE: Thank you. Just to clarify, too, that the Estates Civic Association sponsored this. The reason this went to them is it was their idea, and they have a fairly large membership. They just had it mailed here to us to make sure nobody said oh, gee, there must have been tampering, anything else. They just wanted a fair, impartial location. And this is just an informational item to get a good feel. Commissioner Berry? COMMISSIONER BERRY: Just a comment, Ty. I think I remember hearing this, I believe, from the Center Fund representative, Mr. Raymond. He indicated when there was Page t03 March 28, 2000 some discussion about Publix coming out there, and of course that was the number one choice of the people who lived out there, or at least an overwhelming choice. And one of the concerns apparently from the Publix standpoint wasn't so much the size of the grocery store, but the fact was that there weren't enough rooftops in the area to warrant for them to come into the area. So I'm not so sure it's the size of the land where this store or whatever is going to go in there, that that's the concern as much as it is, even though you and I know there's been a lot of change out in the Estates. As we speak I'm sure there are more homes going up out there. That until they reach a certain point, that's when Publix or perhaps some of the other bigger chains, that's when they're going to come in. But at this point, as of this time, that was their concern, that the rooftops were just not there to support the kind of an operation that they wanted to put out there. So it had nothing to do with the Board of County Commissioners or anything to do with the land size, but it has to do with the number of people out there. MR. AGOSTON: Before I heard '- CHAIRMAN CONSTANTINE: You're not on the microphone. We are going to move on and we're going to go into high gear here. Item #10E RESOLUTION 2000-97 APPOINTING KAYDEE TUFF TO THE GOLDEN GATE COMMUNITY CENTER ADVISORY COMMITTEE - ADOPTED Item 10(E), appointment of member of the Golden Gate Community Advisory Committee. One opening, one person. COMMISSIONER MAC'KIE: One question. COMMISSIONER CARTER: I move the item. COMMISSIONER MAC'KIE: One question. And that is a member of the press? Page 104 March 28, 2000 CHAIRMAN CONSTANTINE: Member of the community. Former president of the civic association, everything else. COMMISSIONER MAC'KIE: I guess if there's a problem, it's more from a journalistic ethics than from our rule? CHAIRMAN CONSTANTINE: Certainly is. COMMISSIONER MAC'KIE: All right. CHAIRMAN CONSTANTINE: God bless them if they want to be involved in the community. Motion from Commissioner Carter to appoint Dee Tuff. COMMISSIONER BERRY: Second. CHAIRMAN CONSTANTINE: Motion and a second. Any discussion? Seeing none, all those in favor, please state aye. (Unanimous vote of ayes.) CHAIRMAN CONSTANTINE: Motion carries 4-0, Commissioner Norris temporarily absent. Item #11A1 JOINT PRESENTATION OF THE CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING AND THE DISTINGUISHED BUDGET PRESENTATION AWARD -ACCEPTED 11 (A)(1), joint presentation of the Certificate of Achievement for Excellence. Mr. Mitchell, good news. MR. MITCHELL: Commissioners, good morning. For the record, Jim Mitchell, the director of financing and accounting department. And I have with me Mike Smykowski, who is the director of the office of management and budget. I realize it's long in the day, so we're going to move as swiftly as we can. We have three items back to back, and if it pleases you, we're going to get started and not stop until we get finished. CHAIRMAN CONSTANTINE: It please me. MR. MITCHELL: Okay. As you are aware, the clerk of the circuit court, serving in the capacity of ex officio clerk to the Page t05 March 28, 2000 board, is responsible for the coordination of the annual independent audit, along with the production of the Comprehensive Annual Financial Report, which is commonly referred to as the CAFR, while the office of management and budget, under the direction of the county manager, is responsible for the production of the county's annual budget. Our first presentation today is a joint presentation by both the clerk's office and the office of management and budget, and it deals with the CAFR for the fiscal cycle ending September 30th of 1998, and the budget document that was prepared for the fiscal year beginning October 1st, 1998. For those of you who do not know, the Government Finance Officer's Association has two awards program: The Certificate of Achievement for Excellence in Financial Reporting, and the distinguished Budget Presentation Award. The Certificate of Achievement for Excellence in Financial Reporting Award was established by the GFOA in 1945 to encourage all government units to prepare and publish an easily readable and understandable comprehensive annual financial report that covers all funds and financial transactions of the government during that fiscal cycle, while the distinguished budget presentation award, which was established in 1984, recognizes exemplary budget documentation by governments. The GFOA, along with the finance department and the office of management and budget, believe that governments have a special responsibility to provide the public with a fair presentation of their financial affairs. The CAFR's, along with the budgets prepared by and for Collier County, go beyond the requirements of generally accepted accounting and budgeting principles to providing the many users of these documents with a wide variety of information used in evaluating the financial condition of this county. Collier County has received the Certificate of Achievement for Excellence in Financial Reporting Award for 12 consecutive years, and the Distinguished Budget Presentation Award for 10 consecutive years. And it is with great pride that we present to you today the 13th consecutive award for the CAFR that was Page t 06 March 28, 2000 prepared for the fiscal cycle ended September 30th of 1998 and the 11 th consecutive award for the budget document that was prepared for the fiscal cycle that began on October I st of 1998. I'd like to read to you the Certificate of Achievement Award, and Michael will read to you the budget award. This one reads: Certificate of achievement for excellence in financial reporting, presented to Collier County, Florida for its comprehensive annual financial for the fiscal year ended September 30th of 1998. A certificate of achievement for excellence in financial reporting is presented by the Government Finance Officers Association of The United States and Canada to government units and public employment retirement systems whose CAFR's achieved the highest standards in government accounting and financial reporting. Michael? MR. SMYKOWSKI: Excuse me, for the record, Michael Smykowski, budget director. The distinguished budget presentation award presented to Collier County, Florida, for the fiscal year beginning October 1st, 1998. To receive this award, the budget document itself must meet program criteria, as a policy document, as an operations guide, as a financial plan and as a communication device. And we appreciate the opportunity to participate in this program, because we get reviews from other county budget representatives who provide input as to means to improve our product, make it more user friendly to the lay person. And it's certainly a laudable, worthwhile program, and we're happy certainly to continue to receive this award. In addition, I'd like to recognize my staff, Gary Vincent '- please stand up, don't be shy -- Tony Gambino, Chris Dublis, and Pam Lehnhard, and thank them for their efforts. (Applause.) MR. SMYKOWSKI: As well, the budget process is long and detailed and involves cooperation amongst many groups, and we certainly appreciate the cooperation certainly of the constitutional officers as we embark upon another budget, one that will be probably especially challenging. So we thank you. Page t 07 March 28, 2000 And with that, I'd like to present to you the distinguished award. CHAIRMAN CONSTANTINE: Thank you. MR. MITCHELL: Mr. Chairman, before I present this award to you, the one thing that I'd like to do is formally recognize that it's not the finance department or the budget office that's responsible for these awards, but it's each and every employee that works for Collier County. The budget document is strictly the plan of what we're going to do, and the CAFR documents how we did it. Without the dedication of your employees, awards of this nature would not be possible. So on behalf of the clerk's office, the county manager's office and all your employees, we'd like to also present this award to you. CHAIRMAN CONSTANTINE: Thank you very much. (Applause.) MR. MITCHELL: Moving on. Item #11A2 & 3 PRESENTATION OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 1999 - ACCEPTED. DEPARTMENT OF FINANCE AND ACCOUNTING SEEKING APPROVAL TO FILE STATE OF FLORIDA ANNUAL LOCAL GOVERNMENT FINANCIAL REPORT FOR FISCAL YEAR 1998-99 - APPROVED CHAIRMAN CONSTANTINE: t 1(A)(2). MR. MITCHELL: The second and third items are companion items that once they are accepted by the board, they allow us to complete all of the filings required by law. As was previously stated, the clerk of the circuit court, his role as ex officio clerk to the board is responsible for -- COMMISSIONER MAC'KIE: Motion to accept the report. COMMISSIONER CARTER: Second. CHAIRMAN CONSTANTINE: Motion and a second. All those in favor, please state aye. (Unanimous vote of ayes.) Page 108 March 28, 2000 MR. MITCHELL: We had planned a very short presentation by our auditors. If you would like to hear that, they're here for you. Or if you'd just like to have their -- the document they had prepared, that's fine also. CHAIRMAN CONSTANTINE: Document will probably do the trick for us today. MR. MITCHELL: Very good. Thank you. CHAIRMAN CONSTANTINE: Thank you. Which takes us on to public comment -- wait. Those weren't both items. I thought -- okay, they were both items. Thank you. That was inclusive of both. Matter of fact, if you want to leave those with Mr. Olliff, he'll distribute them to each of us. Thanks, appreciate it. Let's go to public comment on general topics. Mr. Olliff, do we have any?. MR. OLLIFF: No, sir, we don't. CHAIRMAN CONSTANTINE: How convenient. Item #12C1 RESOLUTION 2000-98 AUTHORIZING THE COUNTY MANAGER TO APPLY FOR A $350,000 ECONOMIC DEVELOPMENT GRANT OFFERED THROUGH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS - ADOPTED We'll go then to 12(C)(1), conduct a public hearing to receive comments concerning a community development block app. Do we have any public speakers on that? COMMISSIONER BERRY: No, but I move approval. COMMISSIONER MAC'KIE: Second. MR. OLLIFF: Yes, we do, but I would bet if we hazard a guess, they would both be in support of. COMMISSIONER BERRY: I just made a motion to approve it. COMMISSIONER MAC'KIE: And I seconded it. CHAIRMAN CONSTANTINE: Who is our speaker on that? COMMISSIONER BERRY: Mr. Nogaj. MR. OLLIFF: Mr. Nogaj and Florence Nogaj. Page 109 March 28, 2000 CHAIRMAN CONSTANTINE: are waiving. You don't have to. MR. NOGAJ: We'll waive. CHAIRMAN CONSTANTINE: hearing. There is a motion to approve. COMMISSIONER MAC'KIE: Second. CHAIRMAN CONSTANTINE: There's a second. All those in favor, please state aye. Anybody opposed? (No response.) CHAIRMAN CONSTANTINE: Motion carries 4-0. very much. MR. MIHALIC: Thanks, commissioners. CHAIRMAN CONSTANTINE: Thanks, Greg. Sounds like -- or looks like they Great. We'll close the public Thank you Item #12C2 EMERGENCY DECLARED. EMERGENCY ORDINANCE 2000-19 AMENDING ORDINANCE 95-66, THE COLLIER COUNTY VEHICLE FOR HIRE ORDINANCE, AUTHORIZING A TEMPORARY EMERGENCY INCREASE IN TAXICAB RATES DUE TO THE EXTRAORDINARY INCREASE IN MOTOR VEHICLE FUEL COSTS - ADOPTED WITH CHANGES The next item is 12(C)(2). It's an emergency ordinance talking about the taxicab rates. What I'd like to do here, this part isn't written in the way the ordinance is written. But if you've all had a chance, the only change I would make, it bumps it up and makes it during the emergency time period possible for these folks to make a living. I'd like to just have a required mandatory review October 10 or somewhere six months from now, and that gets us through the summer season, rather than trying to tie it to a dollar amount and fluctuating and following that. Let's just review it in six months, and if OPEC is treating us better then, then we'll correct it. Is that -- can we make that one particular change, if the Page 110 March 28, 2000 board so wants? (Commissioner Norris enters boardroom.) MR. WEIGEL: You can. First you need to declare an emergency by four-fifths vote. Then thereafter you can vote on the ordinance with the direction. And if I understand correctly, we will bring it back as an agenda item for consideration, and you'll give us direction at that time to advertise an agenda -- an amendment change, if it's necessary. CHAIRMAN CONSTANTINE: Before we do any of that, do we have a speaker? MR. OLLIFF: You have two. You have Russ Baisley, followed by Jack Bridenthal. COMMISSIONER BERRY: Can I just ask, we -- I received a letter. I don't know, did the rest of you receive that letter, too? And I just want to know how that all '- CHAIRMAN CONSTANTINE: Which letter is that? COMMISSIONER BERRY: It had to do with the ordinance, I believe. COMMISSIONER CARTER: Well, I think if it's the same one I did, there was questions about the ordinance '- COMMISSIONER BERRY: Yes. COMMISSIONER CARTER: -- the process going in front of the boards, and are we stepping out of bounds here by doing it. Not that the need doesn't exist, but '- COMMISSIONER BERRY: Right. COMMISSIONER CARTER: -- are we violating process. CHAIRMAN CONSTANTINE: It was for -- and I believe that actually came from a competitor who would not -- who is not under regulation right now. COMMISSIONER BERRY: I didn't know, but I know that the letter came. And I had -- the concern was what were we doing. And they mentioned that, you know, the gas price didn't go up $2, and that's what the amount was that we were talking about. And I just wanted to know how this all fit in. CHAIRMAN CONSTANTINE: There's a certain segment of the transportation population that we have some restrictions on. There are certain parts that do not. And those that do not aren't Page 111 March 28, 2000 particularly enamored with this change. Mr. Baisley, let's hear from you. MR. BAISLEY: My name is Russ Baisley. I'm an associate with Yellow Cab of Naples. The taxicab industry itself is regulated by your ordinance. It says that we cannot discriminate against anyone on the basis of the length of the trip. So you can quite often go across town to take someone from a supermarket two blocks away for as little as $2.35 or $2.05. Which may seem foolish, but to the person needing to make that trip, it's a needed trip. Our cost of operation really right now -- we're looking for relief-- is to be able to continue to service those short trips. And this temporary increase to help with the gasoline thing allows us basically to serve that need. When we're going -- as the Commissioner mentioned, the other parts of the industry, the limousine and that are not required to accept anyone. They can pretty much pick and choose what they do. We feel we provide a needed service. We need some emergency relief at this point. Thank you. CHAIRMAN CONSTANTINE: Is Jack here? Oh, I thought you were hiding. MR. BRIDENTHAL: I completely agree with everything Russ says. The only question I have, there was some question as to whether this was going to be on the meter or not, rather than just a sticker in the wind. Our population that we serve would not understand here's the meter 6.85, pay us 8.65. They already think cab drivers steal from them, like people from big cities, because they see the same store five times. And our people don't do that way. But it still would look that way to a non English-speaking person or someone who doesn't understand completely. Question, possibly, here as to whether that's in the ordinance, that it is to be added to the start-up fee on the meter? MR. WEIGEL: Well, it's in the ordinance that it's added to the start-up fee. But we didn't get to the mechanics. And we can do that if the board directs us. So it would be implemented at the meter at start-up. Page 112 March 28, 2000 CHAIRMAN CONSTANTINE: Jack, for the record, you are? MR. BRIDENT. HAL: Oh, Jack Bridenthal, USA Taxi. Just a small competitor of Mr. Baisley's. But see, when you hit the button now, it starts at $1.75 and then $1.50 a mile in increments. This way would work. That was the only reason I wanted to speak, was to make sure it was on the meter, visible to the eye of the person like this. COMMISSIONER CARTER: What we're saying is that the moment you get in the cab, it's going to register 3.75, if I'm understanding what '- MR. BRIDENTHAL: Right. Instead of the current 1.75. And that's going to take care of the drivers. But we'll revisit it in six months and see. If the gas is back down to where it was a couple of years ago, that's fine. CHAIRMAN CONSTANTINE: Yeah. And there's two concerns here: One is I don't know that the numbers have been adjusted for about 10 years anyway. And then you combine that with the increase in gas prices. So when somebody says, gee, gas hasn't gone up two bucks, it's worth reviewing in six months, but I think the two bucks is going to do what it needs to do for the next '- MR. BRIDENTHAL: I've been in it six years, and it was at least two or three before I was in it the last time that the rates were increased. Now, most employees get three percent a year, and these guys haven't had anything in nine, 10 years. Thank you. CHAIRMAN CONSTANTINE: We need -- we'll close the public hearing. We need four-fifths majority to declare an emergency. Is there a motion for that? COMMISSIONER MAC'KIE: I'm confused. I just don't know enough about it. I'm worried about -- do we have a staff recommendation from transportation, for example, or from somebody? I don't know enough about this except for that there are two people here who are going to benefit by it who are here saying we need an extra $2. And I know gas prices are up, but OPEC's meeting and maybe they'll go down tomorrow. I don't know enough about this to declare an emergency. Page 113 March 28, 2000 CHAIRMAN CONSTANTINE: Russ, can you come up and just explain the way the drivers make their living? I mean, the cab companies get a chunk, the drivers get so much per thing, and when the gas prices go up, it literally comes right out of their pocket. But he could probably explain that better than I can. COMMISSIONER MAC'KIE: Maybe there's four for that. I just MR. BAISLEY: The people who are ultimately going to benefit from this, true, the companies and drivers will be better able to cover their cost and in theory make more money. But truly the people who are not going to be injured or will benefit are the customers in Collier County who go short trips who will be discriminated against by necessity, because it will be economically impossible to go out to perhaps Sunshine Boulevard to take someone to Winn-Dixie for a $2.40 trip. Most of the driving that you do in a taxi is to get to the fare (sic). COMMISSIONER MAC'KIE: But didn't you say it's illegal to discriminate against them? MR. BAISLEY: It is. COMMISSIONER MAC'KIE: So you have to go, whether we raise this rate or not. MR. BAISLEY: It's true, but you won't stay in business very long losing money. CHAIRMAN CONSTANTINE: How does the driver make his money? MR. BAISLEY: Drivers make their money in a combination of different ways. Some of them lease the vehicles, some of them do a split meter where they pay the company commission. Commissions vary from company to company on a gross dollars, true. CHAIRMAN CONSTANTINE: So the company's going to see money whether gas prices go up or not. MR. BAISLEY: That's correct. CHAIRMAN CONSTANTINE: I mean, really, the person you are assisting by doing this is the driver. COMMISSIONER BERRY: Is the driver. COMMISSIONER MAC'KIE: And the person we're hurting is Page114 March 28, 2000 the lady who can't drive who's going to have to pay an extra couple of bucks to get in the cab. MR. BAISLEY: That's true. And the concern that we have is that person who is taking the short trip from -- for example, Goodlette Arms. We take a lot of people from Goodlette Arms just around the corner to a doctor's office. However, that same person on Social Security has had substantial increases in their Social Security over the last 10 years. We've had increases in insurance, gasoline, motor vehicles. Even the courier package (sic) who brought the taxi meters in, UPS tacked the surcharge on because of the fuel. So it's not just impacting the drivers, it's impacting all of us. CHAIRMAN CONSTANTINE: I mean, this is -- that's the price you pay for a service. If you buy an airline ticket right now, fuel prices are up, you pay more. If you hop on Greyhound, you're paying more. And so will it hit the consumer? Absolutely. But we are controlling the price on a particular industry. Hasn't changed for nine years. Now the prices are up literally t00 percent in some areas, since -- certainly 70 and 80 percent since last summer. And that is coming out of the folks who are actually trying to do a genuine day's work. And so will it cost somebody more to travel? Sure. But I don't think it's inappropriate. And I'm not someone who usually is in any way excited about increasing cost to anybody for anything. MR. OLLIFF: The only difference between this item and the way this item may have normally been brought to you is that there is a Public Vehicle Advisory Board, and it probably would have gone through that Vehicle Advisory Board. It has been brought to you under an emergency, simply because the gas prices have increased as rapidly as they have. I will tell you that the rates -- and I was involved in developing the first ordinance that regulated public vehicles '- the rate is established on a reasonable operating cost plus profit basis. So considering a rate increase based on a reasonable known operating increase is a reasonable way to look at that. CHAIRMAN CONSTANTINE: And the whole idea of having Page 115 March 28, 2000 the six months is not only to look at -- rather than try to tie this to a particular price, is not only to look at what the gas prices are in October, but to go through every step along the way with our Public Vehicle Advisory Board. Because what will happen, even if prices go back down, there may be a logical adjustment, since they haven't made a change since 1991. That can take months, and I just didn't think it was appropriate that our drivers out there who are trying to make an honest day's wage be hit for the next few months. That's why I put that on the table. MR. OLLIFF: I think it does raise the bigger issue, and perhaps we need to have a more regular way of reviewing these rates so that we don't end up in this situation. COMMISSIONER CARTER: Well, I think you're absolutely right, Tom. And I would like to see us review this in that six-month period and make sure that we keep adjusting so you don't hit people with these big jumps all at once. But in this situation, I see why we have to do it. And we need to do it with the review in process, so at end of six months we know what we'll have is a better rate in the future. CHAIRMAN CONSTANTINE: I need a motion for an emergency to allow us to do this. COMMISSIONER BERRY: So moved. COMMISSIONER NORRIS: Second. COMMISSIONER CARTER: Second. CHAIRMAN CONSTANTINE: Motion and a second. This one will go to Commissioner Norris. All those in favor of declaring an emergency, state aye. (Unanimous vote of ayes.) CHAIRMAN CONSTANTINE: Motion carries 5-0. Mr. Weigel, is there some reason why we can't take that final step today? MR. WEIGEL: Oh, no, absolutely not. And incidentally '- CHAIRMAN CONSTANTINE: That's on account of the emergency. MR. WEIGEL: That's right, you may go forward. CHAIRMAN CONSTANTINE: So from there we can make the change to the ordinance. Page 116 March 28, 2000 MR. WEIGEL: You may. You may adopt the ordinance today. COMMISSIONER MAC'KIE: Is there -- how long will a comprehensive review of the rates take, Tom? How long will it take for your staff to comprehensively review whether or not this is the appropriate rate? Can you do that in three months, or is it going to take six months? MR. OLLIFF: I think you've made a reasonable assumption about what the increase was, strictly based on the increase in fuel. I think what the motion is, is that we come back in six months just to see if that rate increase is still appropriate. COMMISSIONER MAC'KIE: No, my question at this point is we are just about to adopt the ordinance '- MR. OLLIFF: Correct. COMMISSIONER MAC'KIE: -- which will change the rate. Does that need to be effective for three months or for six months? If you can have a comprehensive review done of what the rate ought to be in three months, then we should let this be short-term. CHAIRMAN CONSTANTINE: The reason I had suggested six months is I don't think the whole oil situation is going to have shaken out by June or July. Plus we have a limited schedule in June and July -- July and August. So just rather than rush this, then let's give them a break, and we have full time to do a full review and come back as the '- COMMISSIONER NORRIS: Move that we adopt the proposed ordinance. CHAIRMAN CONSTANTINE: Motion to adopt the proposed ordinance with the six-month '- COMMISSIONER BERRY: I'll second it. COMMISSIONER NORRIS: Sure. CHAIRMAN CONSTANTINE: There's a second from Commissioner Berry. All those in favor, please state aye. All those opposed? (No response.) CHAIRMAN CONSTANTINE: Motion carries 5-0. Final scheduled item, and then we will have discussion item. Page 117 March 28, 2000 Item #13A1 PETITION V-99-28, RICHARD AND LESLIE LILIEN REQUESTING A 5.5 FOOT VARIANCE FROM THE REQUIRED 7.5 FOOT SETBACK TO 2 FEET FOR PROPERTY LOCATED AT 10262 VANDERBILT DRIVE, FURTHER DESCRIBED AS LOT 26, BLOCK 40, NAPLES PARK, UNIT 6 - DENIED Petition V-99-28. Anybody who's going to participate in this, I need to you stand and be sworn. (All speakers were duly sworn.) CHAIRMAN CONSTANTINE: Thank you. MR. REISCHL: Afternoon, commissioners. Fred Reischl, planning services. This is a request for a side yard variance for an accessory deck screen enclosure from the required seven and a half feet to CHAIRMAN CONSTANTINE: Is there anybody objecting to this? MR. REISCHL: Well, there was a phone call-in objection. CHAIRMAN CONSTANTINE: And their reason for the objection is? I'm sorry, I'm just trying to streamline. MR. REISCHL: It would set a bad precedent. At the Planning Commission there was a motion made to approve the variance, and that motion failed two to six. COMMISSIONER MAC'KIE: Seems to me there's a negative staff recommendation and a negative Planning Commission recommendation. MR. REISCHL: Yeah, staffs recommendation was due to the no land related hardship. If -- I don't know if you have the colored pictures in your packet. These are just black and white. But this is the -- if you read the staff report, it was the variance request is due to Banyan trees shading a good portion of the pool area. This is the petitioner's house under construction, the Banyan trees, and you can see the pool under construction over here. Page118 March 28, 2000 COMMISSIONER NORRIS: This is a case, Mr. Reischl, of somebody's designing and building a house and trying to create a problem that they can solve during the design and build. All of the variances, of course, as we see many times, they run with the land. If you grant this variance, then it's permanent. But they should have thought about this before they designed the house is what I'm saying. MR. REISCHL: That was the thread of conversation at the Planning Commission. CHAIRMAN CONSTANTINE: Let's go to the petitioner. And hopefully at this point you understand what you have to prove from a legal standpoint is that there is a land-related hardship, and that's the hurdle we need to overcome in order to approve it. MR, REISCHL: If, Mr. Commissioner, I could add, the code does allow -- doesn't require that there be a land-related hardship, but staff sticks to that '- CHAIRMAN CONSTANTINE: Right. MR. REISCHL: -- position. CHAIRMAN CONSTANTINE: Then that's consistent with what this board has always taught. MR. LILIEN: I'm Richard Lilien and I'm representing my wife and myself in this. I almost feel like it's kind of a minuscule thing after all the big things that we've been seeing today. But you have to understand that we have the good of Collier County at heart. We're actively involved with traffic, sidewalk, education problems and other problems with the county, an we do understand that we don't want to set a precedent that would adversely affect the county. How this turned about, we didn't realize we would have this problem. It's a huge tree. It does -- and we hate to see it trimmed off completely or destroyed. And what we've done is it would cost us probably almost $2,000 to reset where our deck area would be in the back. But it's the only alternative that we do have for affording us getting sunlight in the back. And so what we're doing is we felt if this request would have a negative affect on the zoning, per se, we would not have made Page 119 March 28, 2000 this application, and we hope that the commission would understand that this was not a frivolous request and we had thought it out completely and, therefore, just offering up the problem as we have it and asking that you indulge us with this request. CHAIRMAN CONSTANTINE: Commissioner Norris? MR. LILIEN: Thank you. COMMISSIONER NORRIS: Mr. Williams (sic), the tree that's causing you a problem, is that on your property or somebody else's? MR. LILIEN: It overhangs completely our property. And for us to get any relief from that, we would have to get that whole thing trimmed off. And we have discussed that with our next door neighbor. And in fact if it were completely a problem, he said that possibly we could go together and remove the tree. So we felt out of deference, not doing that, we would bear the expense of moving the deck area over to the other side. Understand that alongside of us, our neighbors, Susan has no problem with it. They have a lawn area there that it doesn't affect. And none of our neighbors have been adversely affected either. And we've had discussion with them on it. COMMISSIONER NORRIS: It just seems to me that if there's an option to trim back a tree rather than grant a variance, then that certainly seems to be a more reasonable solution. COMMISSIONER MAC'KIE: Or to sit in the shade. CHAIRMAN CONSTANTINE: For those of us with Irish skin, that's not a bad idea. MR. REISCHL: If I can show you the photo that Mr. Lilien was referring to. This is the neighbor to the north. This is Mr. Lilien's house. So that the neighbor to the north's house does not directly abut where the pool cage is going. It's basically backyard for the neighbor to the north. CHAIRMAN CONSTANTINE: We'll close the public hearing. I understand the nature of the request. I understand your neighbors are being cooperative. We have a legal hurdle we have to meet in order to grant a variance, and it doesn't appear we're meeting that hurdle. So as much as I appreciate what Page 120 March 28, 2000 you're trying to accomplish there, I'm not sure I can support it and stay within the confines of my job. COMMISSIONER NORRIS: It's unfortunate, but I'll make a motion to deny. COMMISSIONER MAC'KIE: Second. CHAIRMAN CONSTANTINE: Motion and a second. Any further discussion? All those in favor of the motion, state aye. (Unanimous vote of ayes.) CHAIRMAN CONSTANTINE: Motion carries 5-0. COMMISSIONER CARTER: No, I oppose. CHAIRMAN CONSTANTINE: I'm sorry, I thought I heard a voice down there. Fair enough. Motion is 4-1, Commissioner Carter in the minority. Thanks. MR. LILIEN: Thanks. Item #14 STAFF'S COMMUNICATION - DISCUSSION REGARDING BCC DATES FOR THE MONTH OF MAY CHAIRMAN CONSTANTINE: Mr. Olliff, on communication, we've got an issue. Commissioner Carter will be out the last meeting of April, I understand Commissioner Berry has a conflict, and we're looking -- do we need to reschedule that, should we reschedule that and if so, how? You can probably tell us how heavy of an agenda we're anticipating and we can talk, if we need to reschedule, what the best for everybody is. MR. OLLIFF: The memo that was sent to you earlier last week was -- gave you three options to consider. One was simply to continue with the current schedule the way it is, in which case you would have three commissioners, you'd have a quorum for a meeting on the April 25th meeting. You would not have the ability to take action on several of the land use type items that you would normally have. COMMISSIONER MAC'KIE: Are there land use items Page t2t March 28, 2000 scheduled? MR. OLLIFF: Yes, there are. The second option was simply to reschedule that April 25th meeting to the first meeting Tuesday in May, which would be May 2nd, and then go to a first, third and fifth schedule for the month of May, which still gives you an every other week schedule and allows you to have the same number of meetings. CHAIRMAN CONSTANTINE: That sounds like a great opposite. First, third and if fifth. Any opposition? COMMISSIONER MAC'KIE: what's easiest for staff. CHAIRMAN CONSTANTINE: other week that way? COMMISSIONER NORRIS: Carter? COMMISSIONER CARTER: -- my schedule in Baltimore is about 15 days totally. I'm hoping to be back by mid May. And even if I cannot physically be here, I could certainly be hooked up electronically to participate in this. And I think we've got legal clearance to do that. MR. OLLIFF: We have. CHAIRMAN CONSTANTINE: So you may only miss one meeting that way, as opposed to two. COMMISSIONER CARTER: So I plan to be an active player. MR. OLLIFF: I will tell you, if you go to that schedule, there may be an item or two which because of the Planning Commission schedule, we won't have a written recommendation from them. We may have to have a verbal recommendation or a follow-up memo after the agenda material is actually printed, but that's the only hardship we really see in going to first, third and fifth. CHAIRMAN CONSTANTINE: As long as we can meet communications requirements with the public and make sure everybody is comfortable. Is that all right, first, third and fifth? Deal. Anything else? I have more interest in deferring Does that work, if it's still every Does that work for Commissioner Well, it will work for me. I plan to Page t22 March 28, 2000 MR. OLLIFF: Only that we'll try and make our meetings a little more interesting to keep the press awake from now on. COMMISSIONER NORRIS: First, third and fifth Tuesdays. MR. OLLIFF: Yes, that would be '- COMMISSIONER NORRIS: I have a problem with the third Tuesday. First, second and fourth, that's fine. COMMISSIONER MAC'KIE: Then first, second and fourth works for me either way. Because we don't accomplish much if we-- COMMISSIONER BERRY: It doesn't make any difference to me. COMMISSIONER CARTER: I'm okay. COMMISSIONER BERRY: Anything in May is fine. MR. OLLIFF: 1st, 2nd and 9th? CHAIRMAN CONSTANTINE: First, second and fourth. Whenever you want to have them, I'll be here. COMMISSIONER NORRIS: There you go. COMMISSIONER MAC'KIE: There you go. MR. OLLIFF: That would be May 2nd, May 9th and May 23rd. CHAIRMAN CONSTANTINE: I guess so. I won't have anybody to go to lunch with May 9th. My dad goes home May 8th. Mr. Weigel, you don't have anything for us, do you? MR. WEIGEL: Just one last clarification. That is on the emergency ordinance you adopted for the fares. We're bringing it back to you in six months, but we're not having an automatic fare change in six months? CHAIRMAN CONSTANTINE: No, you're bringing it back to us for our review '- MR. WEIGEL: Exactly. CHAIRMAN CONSTANTINE: -- and you sent whatever -- or make no change or whatever is appropriate change. MR. WEIGEL: Exactly, that we don't -- it doesn't change automatically without it coming back to you at that '- CHAIRMAN CONSTANTINE: You got it. MR. WEIGEL: Thank you. CHAIRMAN CONSTANTINE: Commissioner Berry, anything? Page t23 March 28, 2000 COMMISSIONER BERRY: Nothing. CHAIRMAN CONSTANTINE: Commissioner Norris? COMMISSIONER NORRIS: Nothing further. CHAIRMAN CONSTANTINE: Commissioner Carter? COMMISSIONER CARTER: Nothing from me. CHAIRMAN CONSTANTINE: Good luck to you. COMMISSIONER CARTER: Thank you. I'm here. I got one more. CHAIRMAN CONSTANTINE: Oh, you've got one more. COMMISSIONER CARTER: Before new parts, I get one more meeting. CHAIRMAN CONSTANTINE: Well, good luck to you anyway. Commissioner Mac'Kie? Ms. Filson, may we be excused? MS. FILSON: Absolutely. CHAIRMAN CONSTANTINE: We're out of here. ***** Commissioner Mac'kie moved, seconded by Commissioner Carter, and carried unanimously, that the following items be approved and or/adopted: * * * * * Item #16A1 A NEWSRACK AGREEMENT AND WAIVER OF LIABILITY FORM Item #16A2 CARNIVAL PERMIT 2000-06, RE: PETITION C-2000-5, MARIO VALLE, REPRESENTING GULF COAST HIGH SCHOOL BAND BOOSTERS, REQUESTING AN AFTER-THE-FACT PERMIT FOR A CARNIVAL THAT WAS HELD MARCH 9-12, 2000, ON PROPERTY ADJACENT TO THE HIGH SCHOOL GROUNDS LOCATED AT 8200 IMMOKALEE ROAD AND WAIVER OF SURETY BOND Item #16A3 RESOLUTION 2000-86 AND AGREEMENT AUTHORIZING A 100% Page 124 March 28~ 2000 WAIVER OF IMPACT FEES FOR ONE HOUSE TO BE BUILT BY ANTONIO RAMIREZ AT 5469 HARDEE STREET IN NAPLES MANOR ADDITION, COLLIER COUNTY, FLORIDA Item #16A4 RESOLUTION 2000-87 AND AGREEMENT DEFERRING 100% OF THE IMPACT FEES FOR A 104 UNIT AFFORDABLE HOUSING PROJECT TO BE BUILT BY WILD PINES OF NAPLES, PHASE II, LTD., A FLORIDA CORPORATION KNOWN AS WILD PINES APARTMENTS AFFORDABLE RENTAL UNITS Item #16A5 RESOLUTION 2000-88 AND AGREEMENT AUTHORIZING A 75% DEFERRAL OF IMPACT FEES FOR ONE HOUSE TO BE BUILT BY ERICKA ABRAMS AT 5013 CATALINA COURT, IN COLONY PINES, COLLIER COUNTY Item #16A6 COMMERCIAL EXCAVATION PERMIT NO. 59,732, "CREATIVE EXCAVATING, U 39, TR 68", TOWNSHIP 48 SOUTH, RANGE 28 EAST: BOUNDED ON THE EAST, SOUTH, AND WEST BY VACANT LAND ZONED ESTATES, AND ON THE NORTH BY 54 TM AVENUE N.E. WITH STIPULATIONS Item #16A7 COMMERCIAL EXCAVATION PERMIT NO. 59,731, "JIM WEEKS COMMERCIAL EXCAVATION TR 97, U 72" LOCATED IN SECTION 28, TOWNSHIP 48 SOUTH, RANGE 28 EAST: BOUNDED ON THE NORTH, SOUTH, AND WEST BY VACANT LAND ZONED ESTATES, AND ON THE WEST BY DESOTO BOULEVARD WITH STIPULATIONS Item #16A8 Page 125 March 28, 2000 FINAL ACCEPTANCE OF WATER FACILITIES FOR YARBERRY LANE HOUSE OF WORSHIP Item #16A9 RECORDING THE FINAL PLAT OF "PELICAN MARSH UNIT NINETEEN" AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY WITH STIPULATIONS Item #16A10 RECORDING THE FINAL PLAT OF '~/HITE LAKE CORPORATE PARK, PHASE THREE" AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE BOND WITH STIPULATIONS Item #16A11 FINAL ACCEPTANCE OF WATER FACILITIES FOR ST. CROIX APARTMENTS AT PELICAN MARSH Item #1681 - DELETED Item #1682 - Moved to Item #888 Item #1683 WORK ORDER WMBP-FT-00-01 TO WILSONMILLER, INC., IN THE AMOUNT OF $41,050 FOR ENGINEERING SERVICES RELATED TO PROPOSED IMPROVEMENTS TO THE POTABLE WATER SYSTEM IN PELICAN BAY, PROJECT 74023 Item #1684 Page126 March 28, 2000 CHANGE ORDER WITH WILMIR CONSTRUCTION TO THE NORTH COUNTY REGIONAL WATER TREATMENT PLANT 8-MGD EXPANSION, BID 97-2690R, PROJECT 70859/70828, IN THE AMOUNT OF $81,897. Item #1685 USE OF FUNDS FROM THE SOLID WASTE TIRE GRANT TO PROVIDE SAFETY PLAY SURFACE AT VARIOUS LOCATIONS IN COLLIER COUNTY, NOT TO EXCEED $35,000 Item #1686 AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH WILSONMILLER, INC. FOR ADDITIONAL STUDY, DATA COLLECTION AND BOUNDARY DELINEATION FOR THE GORDON RIVER EXTENSION BASIN STUDY (PHASE 999) PROJECT #31005, IN THE AMOUNT OF $58,912 Item #1687 FUNDS FOR PROFESSIONAL SERVICES TO BE PROVIDED BY COASTAL ENGINEERING CONSULTANTS, INC., FOR POST- CONSTRUCTION MONITORING REQUIREMENTS FOR THE COLLIER COUNTY BEACH RESTORATION PROJECT, IN THE AMOUNT OF $283,000, AND APPROVING SCHEDULE "B" - ATTACHMENT "B", HOURLY RATE SCHEDULE Item #1688 STAFF RANKING OF FIRMS FOR CONTRACT NEGOTIATIONS, BEGINNING WITH TOP RANKED KIMLEY-HORN AND ASSOC., INC., FOR GRADE SEPARATION STUDY, RFP #99-3010 Item #1689 Page t27 March 28, 2000 EXECUTION OF A SOVEREIGN SUBMERGED LANDS EASEMENT FOR THE WATER TURKEY BAY MAINTENANCE DREDGING PROJECT Item #16810 WORK ORDER HAA-FT-00-02 WITH HARTMAN & ASSOCIATES, INC., FOR ENGINEERING SERVICES RELATED TO NOISE ISSUES AT THE NORTH COUNTY REGIONAL WATER TREATMENT FACILITY, PROJECT 70063, IN THE AMOUNT OF $19,730; INCLUDING ADDITIONAL SCOPE TO BE INCORPORATED IN A FUTURE WORK ORDER AMENDMENT Item #16811 - DELETED Item #168t2 A DEVELOPER CONTRIBUTION AGREEMENT BETWEEN THE COUNTY, SUNCO BUILDING CORPORATION AND THE ISLANDWALK DEVELOPMENT COMPANY, ESTABLISHING A VALUE OF $897,735 IN IMPACT FEES CREDITS FOR THE ISLANDWALK PUD, FOR PROVISION OF RIGHT-OF-WAY AND STORMWATER MANAGEMENT FACILITIES RELATED TO THE FUTURE EXTENSION OF LOGAN BOULEVARD ONE MILE NORTH OF VANDERBILT BEACH ROAD Item #16813 BID NO. 00-3042 "PURCHASE OF ONE (1) PORTABLE SELF- CONTAINED VACUUM UNIT" AWARDED TO VANTAGE EQUIPMENT COMPANY, IN THE AMOUNT OF $33,297 Item #t 6814 BID NO. 99-3029 "PURCHASE OF SEVEN (7) TRAILER MOUNTED PORTABLE GENERATORS" AWARDED TO AAA GENERATOR & PUMPS, INC., IN THE TOTAL AMOUNT OF $200,771.89 Page t28 March 28, 2000 Item #16815 RESOLUTION 2000-89, DIRECTING THAT CERTAIN ROADWAYS IN THE UNINCORPORATED AREA OF COLLIER COUNTY BE MAINTAINED BY COLLIER COUNTY Item #t 6816 BID NO. 00-3049, AWARDED TO SURETY CONSTRUCTION COMPANY TO CONSTRUCT A SOUND ATTENUATING ENCLOSURE FOR EFFLUENT TRANSFER PUMPS AT THE SOUTH COUNTY WATER RECLAMATION FACILITY, IN THE AMOUNT OF $109,986 Item #16817 WORK ORDER NO. SMT-FT-00-04, WITH SOUTHERN MAPPING TECHNOLOGY, INC. FOR AN AERIAL SURVEY OF THE PROPOSED WIDENING OF VANDERBILT BEACH ROAD FROM AIRPORT ROAD TO CR-951 (COLLIER BOULEVARD), PROJECT NO. 63051, CIE#63, IN THE AMOUNT OF $89,270 Item #16818 AWARDING CONSTRUCTION ENGINEERING INSPECTION SERVICES CONTRACT TO WILSONMILLER, INC. FOR THE WIDENING OF GOLDEN GATE BOULEVARD, COLLIER COUNTY, PROJECT NO. 63041, CIE NO. 62, RFP #99-3022, IN THE AMOUNT OF $1,43t ,556 Item #16C1 RESOLUTION 2000-90 AND CERTIFICATION OF APPLICATION, PERMITTING THE COLLIER COUNTY PUBLIC LIBRARY TO APPLY FOR A STATE CONSTRUCTION GRANT TO ENLARGE THE IMMOKALEE BRANCH LIBRARY Page129 March 28, 2000 Item #16D1 AMENDMENT NO. 2 OF RFP #98-2867 TO THE V GROUP OF FLORIDA, INC., FOR ARCHITECTURAL SERVICES FOR THE DESIGN OF THE IMMOKALEE JAIL CENTER Item #16D2 APPROPRIATING CARRYFORWARD FUNDS IN THE HUMAN RESOURCES INFORMATION SYSTEM CAPITAL PROJECTS BUDGET Item #16D3 RENEWING AND APPROVING THE PRE-QUALIFIED LIST OF APPRAISERS AND APPRAISAL FIRMS FOR REAL ESTATE APPRAISAL AND VALUATION SERVICES AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D4 MODIFYING THE AUTHORIZATION METHOD OF BID #99-2978 TO THE PAINT DOCTOR, INC., SPECTRUM PAINTING, INC., AND TYTON PAINTING, INC., FOR ANNUAL PAINTING CONTRACT Item #16D5 ENTERING INTO AN AGREEMENT WITH COASTLAND CENTER FOR EXHIBITOR SPACE DURING NATIONAL COUNTY GOVERNMENT WEEK, APRIL 17-22, 2000 Item #16D6 RESOLUTION 2000-91 APPROVING THE SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN Page 130 March 28, 2000 FULL FOR THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS Item #16D7 RESOLUTION 2000-92 APPROVING THE SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND LIENS ARE SATISFIED IN FULL FOR THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS Item #16D8 RESOLUTION 2000-93 APPROVING THE SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND LIENS ARE SATISFIED IN FULL FOR THE 1991 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS Item #16E1 BUDGET AMENDMENTS #00-168, #00-t72, #00-179 AND #00-t80 Item #16F1 RESOLUTION 2000-94 SUPPORTING THE CANDIDACY AND ELECTION OF COMMISSIONER RUDY MALOY TO THE POSITION OF NACo SECOND VICE PRESIDENT Item #16G1 APPROPRIATING REVENUE FROM DONATED MONEYS FOR PURCHASE OF AUTOMATIC EXTERNAL DEFIBRILLATORS TO BE PLACED IN HIGH RISK AND NOT-FOR-PROFIT LOCATIONS IN COLLIER COUNTY Item #16G2 Page 131 March 28, 2000 RESOLUTION 2000-95 APPROVING AN AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND COLLIER COUNTY, FLORIDA TO ACCEPT STATE AND LOCAL ASSISTANCE (SLA) FUNDING FOR LOCAL EMERGENCY MANAGEMENT Item #16H1 MISCELLANEOUS CORRESPONDENCE - FILES AND/OR REFERRED The following miscellaneous correspondence, as presented by the Board of County Commissioners, has been directed to the various departments as indicated: Page t32 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE MARCH 28, 2000 FOR BOARD ACTION: I. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: 2. Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1 ), the disbursements for the Board of County Commissioners for the period: A. February 16 - 22, 2000 B. February 23 - 29, 2000 C. March 01 - 08, 2000 3. Districts: A. Port of the Islands Community Improvement District - Notice of Board of Supervisors' Regular Meeting B. Golden Gate Fire Control & Rescue District 4. Minutes: A. City/County Beach Renourishment Advisory Committee - Agenda for February 10, 2000 meeting B. Golden Gate Estate Land Trust Committee - Minutes of September 22, 1999 and November 15, 1999 meetings C. Utility Authority - Agenda for February 28, 2000 and minutes of October 25, 1999 meeting D. Rural Fringe Area Assessment Oversight Committee - Agenda for February 23, 2000 and minutes of February 9, 2000 meeting E. Parks and Recreation Advisory Board - Agenda for February 23, 2000 and minutes of January 26, 2000 meeting F. County Government Productivity Committee - Minutes of February 14, 2000 meeting NAR 2 8 2000 Pg, I Me Emergency Medical Services Advisory Council - Agenda for February 23, 2000 and minutes of January 27, 2000 meeting Collier County Community Health Care Ad Hoc Committee - Minutes of February 9, 2000 meeting Historical/Archaeological Preservation Board - Minutes of February 11, 2000 meeting Board of Building Adjustments and Appeals - Minutes of February 16, 2000 meeting Environmental Advisory Council - Agenda for March 1, 2000 and minutes of February 2, 2000 meeting Collier County Planning Commission - Agenda for March 2, 2000 meeting Pelican Bay MSTBU Advisory Committee - Agenda for March 1, 2000 meeting and minutes of February 2, 2000 meeting HAR 2 8 2000 March 28, 2000 Item #1611 EXPENDITURE OF BUDGETED 301 FUNDS FOR THE PURCHASE OF 800 MHz PORTABLE RADIOS FOR THE SHERIFF'S OFFICE Item #1 612 BCC TO SERVE AS THE LOCAL COORDINATING UNIT OF GOVERNMENT IN THE STATE OF FLORIDA'S DEPARTMENT OF COMMUNITY AFFAIRS' ANTI-DRUG ABUSE ACT FORMULA GRANT PROGRAM, EXECUTING THE CERTIFICATION OF PARTICIPATION FOR TWELFTH YEAR FUNDING, APPROVING THE SHERIFF'S OFFICE GRANT APPLICATIONS FOR FISCAL YEAR 2000/20001, AUTHORIZING ACCEPTANCE OF AWARDS AND APPROVING ASSOCIATED BUDGET AMENDMENTS Item #16J 1 A LITIGATION ATTORNEY POSITION AND LEGAL SECRETARY POSITION IN THE OFFICE OF THE COUNTY ATTORNEY AND APPROVING THE NECESSARY BUDGET AMENDMENTS Item #16J2 EMPLOYMENT OF A LAND USE ATTORNEY AND LEGAL SECRETARY TO BE DEDICATED TO COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES ISSUES AND APPROVING THE NECESSARY BUDGET AMENDMENTS Item #17A ORDINANCE 2000-18, AMENDING COLLIER COUNTY ORDINANCE NO. 93-20, THE DISASTER RECOVERY TASK FORCE ORDINANCE Page 133 March 28, 2000 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 1:13 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZON I NG APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL.DISTRICTS UNDER ITS CONTROL DWIGHT E:!BROCK, CLERK s t n~ture ~hese ~m~futes approved by the Board on ~)o.~ ~.~ 2.~ presented /-/// or as corrected , as TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY CHERIE' R. LEONE, NOTARY PUBLIC Page 134