BCC Minutes 06/27/2000 RJune 27,2000
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, June 27, 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 9:05 a.m.
in REGULAR SESSION in Building "F" of the Collier County
Government Center, Administration Building, Naples, Florida,
with the following members present:
CHAIRMAN:
Timothy J. Constantine
Pamela S. Mac'Kie
Barbara B. Berry
James Carter
David E. Brandt
ALSO PRESENT:
David C. Weigel, County Attorney
Tom Olliff, County Administrator
Page1
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Tuesday, June 27, 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 MANAGER
PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL,
BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED
TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE
CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS
AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY
MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE
HEARD UNDER "PUBLIC PETITIONS".
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A
RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY
NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE,
WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE
APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL 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.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION - Minister Art Holt, Unity of Naples Church
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June 27, 2000
PLEDGE OF ALLEGIANCE
APPROVAL OF AGENDAS
APPROVAL OF CONSENT AGENDA.
APPROVAL OF SUMMARY AGENDA.
APPROVAL OF REGULAR AGENDA.
APPROVAL OF MINUTES
May 23, 2000 - Community Redevelopment Agency Meeting
May 31,2000 - LDC Meeting
PROCLAMATIONS AND SERVICE AWARDS
A. PROCLAMATIONS
B. SERVICE AWARDS
1)
2)
3)
4)
5)
6)
7)
Mark Callis, Facilities Management - 5 Years
Larry Graham, Parks & Recreation - 5 Years
Jose Condomina, Parks & Recreation - 5 Years
Carolann Adams, Library - 5 Years
Glenda Smith, Planning Dept. - 10 Years
Ron Jamro, Museum - 20 Years
Luz Pietri, Library - 25 Years
C. PRESENTATIONS
1) This item has been deleted.
2)
The Community Development and Environmental Services Division
representing the Florida Archaeological Council in presenting the
Stewards of Heritage Award 2000 to the Collier County Historical and
Archaeological Preservation Board and Planning staff for their
commitment to the protection of archaeological and historical resources in
Collier County.
3) Presentation of Adopt-A-Road Sponsor Recognition.
APPROVAL OF CLERK'S REPORT
A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES.
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June 27, 2000
7. PUBLIC PETITIONS
Wes Brodersen, President, Guider Real Estate, Inc. regarding a business flag
display.
B. Jeff Popick regarding sewer bill.
COUNTY MANAGER'S REPORT
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1)
Report on the Immokalee Housing Initiative Program and consideration of
additional implementation strategies.
2)
Board authorization for the County Attorney to retain outside legal counsel
to research the advisability of filing a lawsuit in Federal Court to challenge
implementation of Florida's Communications Services Tax Simplification
Act (Senate Bill 1338).
B. TRANSPORTATION SERVICES
1)
Report to Board of County Commissioners on the results of the annual
Countywide Traffic Signal Warrant Study and Intersection Improvement
Program.
2)
Adopt a resolution authorizing the acquisition by condemnation of
perpetual, non-exclusive, road right-of-way, utility, drainage, maintenance
and temporary construction interests by easement for the construction of
the four-laning roadway improvements for County Barn Road Project
between Davis Boulevard (SR 84) and Rattlesnake Hammock Road (CR
864), CIE No. 33.
C. PUBLIC UTILITIES
1)
Accept a report evaluating the use of the Lee County Waste-To-Energy
Facility.
2)
Approval of Florida Department of Environmental Protection Consent
Order regarding odor emissions.
D. PUBLIC SERVICES
E. SUPPORT SERVICES
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June 27, 2000
EMERGENCY SERVICES
1) Presentation regarding update on 2000 hurricane season.
COUNTY MANAGER
AIRPORT AUTHORITY
9. COUNTY ATTORNEY'S REPORT
10. BOARD OF COUNTY COMMISSIONERS
A. Appointment of member to the Lake Trafford Restoration Task Force.
B. Report on the composition of the Rural Assessment Oversight Committees.
C. Appointment of members to the Rural Lands Oversight Committee.
D. County Attorney annual performance review (Commissioner Constantine).
E. Resolution requesting FDOT to remove, replace and/or install highway
directional signs for International College at various intersections throughout
Collier County. (Commissioner Berry)
F. Discussion/Action regarding potential land swap. (Commissioner Constantine)
G. Discussion regarding weekly BCC meetings. (Commissioner Constantine)
H. Detailed discussion regarding transportation planning.
I. Davis Boulevard landscaping.
11. OTHER ITEMS
A. OTHER CONSTITUTIONAL OFFICERS
B. COMMUNITY REDEVELOPMENT AGENCY
C. PUBLIC COMMENT ON GENERAL TOPICS
PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS
12. ADVERTISED PUBLIC HEARINGS - BCC
4
June 27, 2000
13.
COMPREHENSIVE PLAN AMENDMENTS
ZONING AMENDMENTS
1)
Petition PUD-2000-04 Timothy W. Ferguson representing Outdoor
Resorts of America requesting a rezone from its current zoning
classification of "A" Rural Agricultural and PUD to "PUD" Planned Unit
Development to be known as Outdoor Resorts of Naples. The subject
property is an undeveloped 93.5 acre parcel located on Immokalee Road
approximately one half mile east of Collier Boulevard (CR 951), in Section
26, Township 48 South, Range 26 East, Collier County, Florida.
2)
Petition PUD-2000-05 Michael R. Fernandez, AICP, of Planning
Development, Inc. representing John J. Nevins, Bishop of the Diocese of
Venice requesting a rezone from its current zoning classification of "A"
Rural Agricultural to "PUD" Planned Unit Development to be known as
The Mission Church. The subject property is an undeveloped 35.56 acre
parcel located at the northeast intersection of Vanderbilt Beach Road and
Collier Boulevard (CR-951), in Section 35, Township 48 South, Range 26
East, Collier County, Florida.
3) THIS ITEM WAS CONTINUED FROM THE MAY 23, 2000 MEETING
Cm
AND IS FURTHER CONTINUED INDEFINITELY. Petition PUD-2000-02
William Hoover Planning and Development, Inc. representing Mark L.
Linder, Trustee, requesting a rezone from its current zoning classification
of "A" Rural Agricultural to "PUD" Planned Unit Development to be known
as Hibiscus Village PUD for an affordable housing development. The
subject property is an undeveloped 18.76 acre parcel located on the west
side of Collier Boulevard approximately % of a mile north of Vanderbilt
Beach Road in Section 34, Township 48 South, Range 26 East, Collier
County, Florida.
OTHER
1)
To amend Ordinance 99-51, the Weeds, Litter and Exotics Control
Ordinance.
2)
Adopt an ordinance revising the Library Impact Fee rate schedule and
adopt an ordinance revising the Emergency Medical Services Impact fee
rate schedule.
BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
5
June 27, 2000
14.
15.
1)
Petition V-2000-10, Rodney K. and Donna R. Pavlisin, requesting a 5-foot
variance from the required 10-foot rear yard setback for accessory
structures to 5-feet for property located at 5970 Amberwood Drive, further
described as Lot 14, Pelican Strand Replat-6, in Section 19, Township 48
South, Range 26 East, Collier County, Florida.
2)
Petition V-2000-12, Richard Baranski, representing Michael Browder,
requesting an after-the-fact variance of 1.5 feet from the required 10-foot
rear yard setback for accessory structures to 8.5 feet for property located
at 6630 New Haven Circle, further described as Lot 122, Mill Run at the
Crossings, in Section 2, Township 49 South, Range 25 East, Collier
County, Florida.
3)
Petition SV-2000-01, Karen Bishop of PMS, Inc. representing Vanderbilt
Partners, Ltd., requesting a variance from the provisions of Subsection
2.5.5.1.6. of the LDC which permits a maximum of two signs with a
maximum height of eight feet and a maximum area of sixty-four square
feet, with the resulting variance allowing for three signs, two located on
the southern corner of the property with one thirty two square foot sign on
a planter wall at the base of an existing structure, one sign on the same
structure at a height of twenty two feet with an area of fifteen square feet
and one sign at the entrance to the development with an area of thirty two
square feet for property located at the intersection of Vanderbilt Drive and
Vanderbilt Beach Road and known as Regatta.
4)
Petition PE-2000-01, R. J. Ward of Spectrum Engineering, Inc.,
representing Bishop John J. Nevins of the Diocese of Venice, requesting
parking exemption approval for St. Peter the Apostle Church for off-site
parking on the south side of Rattlesnake Hammock Road across from the
Hawaii Boulevard intersection, in Section 18 & 19, Township 50 South,
Range 26 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
June 27, 2000
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1)
Approve an Agreement to accept a Derelict Vessel Removal grant from
the Florida Fish and Wildlife Conservation Commission.
2)
Approval of an agreement with the Florida Department of Environmental
Protection to conduct ambient air quality monitoring with Collier County.
3)
Award Bid 00-3068 to Astoria Pacific International to obtain an Automated
Flow Analyzer.
4)
Approval of a Budget Amendment transferring funds from 113 Reserves
for Fire Plan Review.
5)
Authorization of a 100% waiver of Impact Fees for three houses to be built
by Habitat for Humanity in Collier County, Florida.
6)
Assignment Agreement for easement for Bentgrass Bend at Pelican
Marsh.
7)
Final acceptance of water utility facilities for Villas at Greenwood Lake
Sales Trailer.
8)
Request to approve for recording the final plat of "Osprey Isle at Carlton
Lakes"
9)
Request to approve for recording the final plat of "Naples Lakes Country
Club Unit Two", and approval of the Standard Form Construction and
Maintenance Agreement and approval of the amount of the Performance
Security.
Request to approve for recording the final plat of "Preserve Commons",
and approval of the Standard Form Construction and Maintenance
Agreement and approval of the amount of the Performance Security.
Authorization of a 75% deferral of impact fees for one house to be built by
Benjamin and Iris Sanchez at 170 Golden Gate Blvd., in Golden Gate
Estates, Collier County.
Fourth Amendment to the FY2000 Tourism Agreement approved in 1999
between Collier County and the Tourism Alliance of Collier County
regarding the Film Office.
13)
Approve a Budget Amendment to appropriate funds for legal services
related to the Growth Management Plan.
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June 27, 2000
B=
14)
Request to approve for recording the final plat of "Block E Kensington
Park Phase Two Replat".
TRANSPORTATION SERVICES
1)
Adopt a Resolution and approve a Declaration of Easement for County
owned property located on Golden Gate Boulevard.
2)
Report to the Board on staff and consultant findings and
recommendations for a right turn lane for Southbound Airport-Pulling
Road (CR 31) at Davis Boulevard (SR 84).
3) This item has been deleted.
4) This item has been deleted.
5)
Approve Amendment No. 13 to the Professional Services Agreement with
Hole Montes and Associates, Inc., for the Immokalee Road Phase II (I-75
- CR 951), Project ¢¢69101.
6)
Metropolitan Planning Organization (MPO) Budget for Grant Year 2000-
01.
7)
Approve Amendment No. 10 to the Professional Services Agreement with
Hole Montes and Associates Inc., for Livingston Road North Four Laning
MSTU, Project #65041.
8)
Recommendation that the Board of County Commissioners approve the
compensation amount for Fiscal Year 2001 and amend Exhibit "A" as
contained herein with Severn Trent Environmental Services, Inc., to
provide for current contract manager services for the Pelican Bay
Services Division.
9)
Approve a Budget Amendment for traffic signal systems added to the
FY2000 Traffic Signal Program.
10)
Award a Construction Contract to Better Roads for the Pathways 2000
Project, Bid No. 00-3080.
11)
Award a Construction Contract to APAC-Florida, Inc., for intersection
improvements at Immokalee Road and Randall Boulevard, Bid ¢¢00-3084.
12)
Approve Change Order ¢¢2 for Work Order ¢¢TE-98-TO-05 assigned to
Tindale-Oliver and Associates, Inc., for roadway and traffic signal
improvements on Golden Gate Parkway at Coronado Parkway.
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June 27,2000
13)
Approve Work Order No. JEN-FT-99-1-1A with Jenkins and Charland,
Inc., and Work Order No. PHA-FT-99-3-2A with Pitman-Hartenstein and
Associates, Inc., for partial CEI involvement during the construction of the
proposed Palm River Boulevard Bridge replacement and utility relocation,
Project No. 69133.
Award a construction contract to Landscape Florida, for Radio Road
median landscape improvements, Bid No. 00-3072.
15)
Approve contract for Construction Engineering Inspections Services by
Wilson Miller for Pine Ridge Road widening from Airport Road to Logan
Boulevard, Project No. 60111, CIE No. 41.
16)
A Resolution appointing and authorizing the Public Utilities Administrator,
the Transportation Administrator, the Transportation Operations Director,
the Transportation Planning Director, the Engineering and Construction
Management Director, and the Stormwater Management Director to
execute Grant Applications, Permit Applications, and other documents
pertaining to the Construction of Public Works Improvement Projects.
17)
Approve staff ranking of firms for contract negotiations for design and
permitting of Golden Gate Parkway from Airport Road to Santa Barbara
Boulevard, Project No. 60027.
18)
Approve Supplemental Agreement No. 2 to the Professional Services
Agreement with Johnson Engineering, Inc., for Goodlette-Frank Road
improvements between Pine Ridge Road and Vanderbilt Beach Road,
Project No. 60134, CIE #65.
19)
Approve a donation agreement and accept a drainage easement from
Palm River, L.L.C.
20)
Requesting direction to revise the enabling ordinance that sets forth the
requirements for the Golden Gate Beautification MSTU Advisory
Committee.
21)
Recommendation that the Board of County Commissioners award Bid
#00-3052 for Pelican Bay streetlights, sign poles and luminaries to
Consolidated Electric Distribution, Inc., to reject the bids for the sign poles
and approve the necessary amendment.
22)
Approve a 2-Party Agreement and accept an easement and temporary
construction easement from Briarwood Development Corporation.
PUBLIC UTILITIES
9
June 27, 2000
1) This item has been deleted.
2)
Approval of Amendment to a Reclaimed Water Agreement by and
between the Collier County Water Sewer District and Audubon Joint
Venture.
3)
Increase award amount of Bid No. 00-3055 for painting of aerial water,
wastewater and effluent lines.
4)
Tentatively award Contract pending easement acquisition to construct 30-
inch Immokalee Road parallel sewer force main, Bid 00-3074, Project
73943.
5)
Approve Change Order to the North County Water Reclamation Facility 5-
MGD Expansion, Bid 99-2908, Project 73031.
6)
Approve Professional Services Agreement with Hole, Montes &
Associates, Inc., for engineering services related to Marco Island sewer
improvements, Project 431-234111.
7)
Approve Professional Services Agreement with Focus Engineering, Inc.,
for engineering services related to Pelican Bay Fire and Irrigation Water
System Improvements, RFP 00-3051, Project 74023.
8)
Approval of Budget Amendments for Water Operations and Water Capital
Projects.
9) This item has been deleted.
10) This item has been deleted.
11)
Accept the utility easement for the Diamond Shores Subdivision
connection to the County Regional Sewer Facilities.
Approve an Interlocal Agreement with Cedar Hammock Heritage
Community Development District.
PUBLIC SERVICES
1)
Approval of interlocal fund sharing agreement with the City of Everglades
to renovate the recreational community center.
2)
Approve a budget amendment to fund construction of a neighborhood
park on Tract ¢¢179 located within Golden Gate.
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June 27, 2000
3)
4)
6)
Waive requirement for formal bid process utilizing general contractor's
services work order system and award work order for the construction of a
roller hockey rink cover.
Approval of a cooperative agreement with Signature Communities, Inc.
and Bayside Builders, Inc. for the design and construction of Conner Park.
Approve the Home Care for the Elderly Continuation Grant and authorize
the Chairman to sign the contract between Collier County Board of County
Commissioners and the Area Agency on Aging for Southwest Florida, Inc.
D/B/A Senior Solutions of Southwest Florida.
Approve the Community Care for the Elderly Continuation Grant and
authorize the Chairman to sign the contract between Collier County Board
of County Commissioners and the Area Agency on Aging for Southwest
Florida, Inc. D/B/A Senior Solutions of Southwest Florida.
7)
Approve the Alzheimer's Disease Initiative Continuation Grant and
authorize the Chairman to sign the contract between Collier County Board
of County Commissioners and the Area Agency on Aging for Southwest
Florida, Inc. D/B/A Senior Solutions of Southwest Florida.
8) Authorization to accept funds to employ a 4H program assistant.
SUPPORT SERVICES
1)
Budget Amendment to Commit Reserves for Increased Fuel Costs in
Fleet Management Fund 521-122450.
2)
Approve Exhibit 2, Contract Amendment, RFP 98-2856, Consultant
Services for Development of Regional Impact (DRI) Process.
3)
Approve Amendment No. 3, Domestic Animal Services Shelter,
Professional Services Agreement, RFP ¢¢97-2754.
4) This item has been deleted.
Recommendation to have the Board of County Commissioners Approve
Assignment of Lease for Bid No. 99-3018, Brush Patrol Vehicle.
6)
Request Board Approval of a Budget Amendment Recognizing Increased
Expenses and Revenue in Fund 188.
7)
Authorize Consolidated Media Systems Inc., as Vendor for Purchase of
Camera Equipment for the Board.
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June 27, 2000
Fo
8)
9)
11)
12)
Recommendation to Amend County Purchasing Policy.
Approve a Budget Amendment to Appropriate the Maintenance Service
Revenues for Reimbursement of Operating Expenses.
Recommendation to Award Bid No. 00-3044, Concrete/Pavement
Contractor.
To Approve the Transfer of Capital Funds for Administration Building (F)
Renovations.
Recommendation to Award Bid No. 98-2827, Locksmith Services.
EMERGENCY SERVICES
COUNTY MANAGER
1) Approval of Budget Amendment Report - Budget Amendment #00-300;
#00-303; #00-295, #00-351.
2) Approval of a Budget Amendment adjusting the countywide capital fund
budget for the capital project carryforward.
AIRPORT AUTHORITY
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to approve the Sheriff's Office United States
Department of Justice COPS More 2000 Grant Application and increase
the Sheriffs Office Fiscal Year 2000/01 Budget for nine civilian positions.
COUNTY ATTORNEY
1) Recommendation that the Board of County Commissioners approve the
Stipulated Final Judgment Relative to the easement acquisition on Parcel
Nos. 111,112,612,711,172A, 712B, 811A, 811B and 812 in the lawsuit
entitled Collier County v. John A. Pulling, et al., Case No. 98-1674-CA
(Airport - Pine Ridge Road to Immokalee Road)
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June 27, 2000
17.
2)
Recommendation that the Board of County Commissioners approve the
Stipulated Final Judgment relative to the easement acquisition on Parcel
No. 84-T in the lawsuit entitled Collier County v. John B. Fassett, Trustee
of the Anne M. Fassett Trust Dated 6/05/86, et al., Case No. 99-3040-CA
(Livingston Road from Immokalee Road to Imperial Road).
M. 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
ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO
SPEAK IN OPPOSITION TO THE ITEM.
An Ordinance amending Ordinance No. 92-18, as amended, the Collier County
Tourist Development Council; by amending Section Three, Composition of
Membership, Providing for Alternating Membership Between the City of
Everglades and the City of Marco Island, and to Include Future Cities in the
Rotation of its Membership; providing for conflict and severability; providing for
inclusion in Code of Laws and Ordinances; and providing an effective date.
Petition PE-2000-02, William C. McAnly of McAnly Engineering and Design, Inc.,
representing Golf Club of the Everglades, requesting a parking exemption to
reduce the required 122 parking spaces to 71 parking spaces and to reserve
land for 60 parking spaces for a private golf club located on the northeast corner
of Vanderbilt Beach Road Extension and Douglas Street, in Section $6,
Township 48 South, Range 26 East, Collier County, Florida.
Petition PUD-99-27, Mr. Tim Hancock, of Planning Solutions, Inc., representing
Richard Myers, Trustee, Inc., requesting a rezone from "A" Rural Agriculture to
"PUD" Planned Unit Development to be known as Pine View PUD for property
located on the southwest corner of Pine Ridge Road (C.R. 896), and
Whippoorwill Lane in Section 18, Township 49 South, Range 26 East, Collier
County, Florida, consisting of 16.5 acres.
Petition PUD-89-06(4), George L. Varnadoe, Esq., of Young, Van Assenderp,
Varnadoe and Anderson, P.A., representing Halstatt Partnership and Naples
Golf Course Holdings, Ltd., requesting an amendment to the Grey Oaks PUD
having the effect of rezoning the property from "PUD" Planned Unit Development
to "PUD" Planned Unit Development for the purpose of relocating authorized
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June 27,2000
commercial development between the northeast and northwest activity nodes
while reducing the acreage of total commercial area by 15.6 acres; reducing the
number of dwelling units by 300; revisions to golf course acreage and water
management facilities; revision to access points and elimination of Airport-Pulling
Road and Golden Gate Parkway overpass, for property located in the northeast,
southeast and northwest quadrants of Airport-Pulling Road (C.R. 31) and Golden
Gate Parkway (C.R. 886), in Sections 24, 25 and 26, Township 49 South, Range
25 East, Collier County, Florida, consisting of 1601+ acres. (companion to DOA-
2000-03)
Petition DOA-2000-03, George L. Varnadoe, Esq., of Young, Van Assenderp,
Varnadoe and Anderson, P.A., representing Halstatt Partnership and Naples
Golf Course Holdings, Ltd., requesting an amendment to the Grey Oaks
Development of Regional Impact (DRI), Development Order (DO-90-3), as
amended, for the purposes of relocating authorized commercial development
between the northeast and northwest activity nodes while reducing the acreage
of total commercial area by 15.6 acres; reducing the number of dwelling units by
300; revisions to golf course acreage and water management facilities; revision
to access points and elimination of Airport-Pulling Road and Golden Gate
Parkway Overpass, for property located in the northeast, southeast and
northwest quadrants of Airport-Pulling Road (C.R. 31) and Golden Gate Parkway
(C.R. 886), in Sections 24, 25 and 26, Township 49 South, Range 25 East,
Collier County, Florida, consisting of 1601_+ acres. (companion to PUD~89-06(4))
A Resolution amending Resolution 97-49 to correct a scrivener's error in
paragraph six providing the legal description for property at 1351 Caxambas
Court in Section 20, Township 52 South, Range 26 East, Collier County, Florida.
Petition VAC-00-009 to disclaim, renounce and vacate the public's interest in
road right of way, being a portion of Lucerne Road, according to the plat of
"Golden Gate Unit 4", as recorded in Plat Book 5, pages 107 through 116, Public
Records of Collier County. Located in Section 21, Township 49 South, Range 26
East.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO
THE COUNTY MANAGER'S OFFICE AT 774-8383.
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June 27, 2000
June 27, 2000
CHAIRMAN CONSTANTINE: Good morning and welcome to
the Tuesday, June 27, 2000, meeting of the Board of County
Commissioners.
Starting this morning we have Minister Art Holt from Unity of
Naples Church. If you would stand and join us in an invocation,
we'll then say the pledge to the flag.
REVEREND HOLT: Good morning. Let us pray. Gracious
Lord, we acknowledge your presence here today acting in and
through each one of us, filling us with your infinite wisdom and
divine guidance. We give thanks for the responsibility roles that
you have provided each of the leaders of this governing body,
and all others who are here to conduct the business of Collier
County.
We commend ourselves to work in harmony and to be filled
with the oneness of purpose as we go forth to manage the
well-being and the healthy growth of Collier County. We remain
open and receptive to the fulfillment of your divine plan for good
and the abilities to carry out our individual roles today and every
day.
So it is. Thank you God. Amen.
(The pledge of allegiance was recited in unison.)
Item #2A
SWEARING IN OF DAVID E. BRANDT, COMMISSIONER FOR
DISTRICT #1 - SWORN IN
CHAIRMAN CONSTANTINE: We have the Honorable Judge
Frank Baker with us this morning, and he's going to swear in our
new commissioner, David Brandt.
David, if you want to join the judge down there, we'll get
underway.
Good morning, Frank.
JUDGE BAKER: Good morning, commissioners.
COMMISSIONER MAC'KIE: Good morning.
JUDGE BAKER: Thank you for this invitation. I promised
soon-to-be Commissioner Brandt that I would make this as
simple as I would require under the same circumstances.
COMMISSIONER BRANDT: And what I requested was that it
be broken up in short chunks so I could remember the words that
Page 2
June 27,2000
I'm supposed to say. (Laughter.)
JUDGE BAKER: Exactly as I would request it.
Please raise your right hand and say after me.
I do solemnly swear or affirm.
COMMISSIONER BRANDT: I do solemnly swear or affirm.
JUDGE BAKER: That I will support, protect.
COMMISSIONER BRANDT: That I will support, protect.
JUDGE BAKER:
COMMISSIONER
JUDGE BAKER:
COMMISSIONER
States.
And defend the Constitution.
BRANDT: And defend the Constitution.
And government of the United States.
BRANDT: And government of the United
JUDGE BAKER:
COMMISSIONER
JUDGE BAKER:
COMMISSIONER
JUDGE BAKER:
COMMISSIONER
JUDGE BAKER:
COMMISSIONER
JUDGE BAKER:
COMMISSIONER
enter.
JUDGE BAKER: And of the State of Florida.
COMMISSIONER BRANDT: And of the State of Florida.
JUDGE BAKER: And I am duly qualified.
COMMISSIONER BRANDT: And I am duly qualified.
JUDGE BAKER: To hold office.
COMMISSIONER BRANDT: To hold office.
JUDGE BAKER: Under the Constitution.
COMMISSIONER BRANDT: Under the Constitution.
JUDGE BAKER: Of the state.
COMMISSIONER BRANDT: Of the state.
And that I will well.
BRANDT: And that I will well.
And faithfully.
BRANDT: And faithfully.
Perform the duties.
BRANDT: Perform the duties.
Of Collier County commissioner.
BRANDT: Of Collier County commissioner.
On which I am now about to enter.
BRANDT: On which I am now about to
JUDGE BAKER: So help me God.
COMMISSIONER BRANDT: So help me God.
JUDGE BAKER: Commissioner Brandt, congratulations.
COMMISSIONER BRANDT: Thank you very much.
(Applause.)
COMMISSIONER BRANDT: Thank you very much.
Page 3
June 27,2000
Appreciate being here. It's an honor for me to be here.
COMMISSIONER CARTER: Welcome, David.
COMMISSIONER BRANDT: Thank you. Appreciate it.
COMMISSIONER BERRY: Well, this is as good as it gets,
David.
(Laughter.)
COMMISSIONER CARTER: It's a downhill run from here,
David.
COMMISSIONER BERRY: It's downhill from here on.
CHAIRMAN CONSTANTINE: Before we hit that slippery
slope, Commissioner Brandt, would you like to say a few words?
COMMISSIONER BRANDT: Certainly. Can you hear me back
there okay?
Well, I want to -- I want to do several things. I want to
thank, first of all, the governor for having seen that I might be
qualified for this position, and I certainly feel that I'm in good
company when you see the list of people that were applying for
this position. How can you be in a better group? And I feel
honored to be there.
I'm also looking forward to working with the fine group of
county commissioners that we have here. I've seen them from
afar. I've also seen them close up a few times, and it's going to
be a great opportunity. I hope it'll be a great opportunity for
them, but it will be a great opportunity for me. And I would like
to just say one other thing.
Recently I had an opportunity to be in Spokane, Washington.
My younger son was graduating from a special program that he
has been in for some time, and the president of the Spokane
Falls Community College presented each one of the graduates
with a permit to make a mistake. And I'm going to read that, and
then I'm going to give myself one of those.
COMMISSIONER MAC'KIE: Could you share?
(Laughter.)
COMMISSIONER BRANDT: Be happy to.
COMMISSIONER MAC'KIE: Good.
COMMISSIONER BRANDT: The bearer of this card -- the
bearer of this card is entitled to make a mistake, provided he or
she learns from the mistake and tries not to repeat it but
continue to take risks. Abraham Lincoln, Thomas Edison, George
Washington Carver, Marie Curie and most CEOs of Fortune 500
Page 4
June 27,2000
companies have made outrageous mistakes as they risked
uncharted paths, yet their failures paled in light of their
contributions. When the bearer of this card makes a mistake or
fails, he or she is entitled to support and encouragement from all
who have erred, forgiven themselves and grown wiser.
And I hope I can do that. Thank you. I just gave myself one.
(Applause.}
COMMISSIONER BRANDT: I need more than one.
COMMISSIONER BERRY: I would like a dozen, please.
CHAIRMAN CONSTANTINE: We'll be budgeting for several of
those.
COMMISSIONER BRANDT: Thank you.
CHAIRMAN CONSTANTINE: Thank you.
Item #3
CONSENT, SUMMARY AND REGULAR AGENDA - APPROVED
AND/OR ADOPTED WITH CHANGES
Mr. Olliff, I understand we have a number of changes to this
morning's agenda.
MR. OLLIFF: We do, sir, and I'll walk you through them as
quickly as I can.
For the record, we need to note that we did add an item,
which was 2(A), which was the swearing in of David E. Brandt,
Commissioner for District 1.
The second item is an addition as well, it's Item 5(C}(4), and
it is a presentation of National Motto plaques by the American
Family Association.
The next item is 8(A), a request by the planning staff of the
Board to delegate limited temporary authority to the risk
management director. And I'll tell you, that just relates to the
insurance requirements for the filming of television commercials.
It's a fairly minor item.
COMMISSIONER BERRY: That was what?
MR. OLLIFF: Item 8(A).
COMMISSIONER BERRY: 8(A)?
MR. OLLIFF: Right.
COMMISSIONER MAC'KIE: Must be 8(A}(3).
COMMISSIONER BERRY: Must be 3, because we've got I
Page 5
June 27,2000
and 2.
MR. OLLIFF: 8(A)(3). You're right.
CHAIRMAN CONSTANTINE: And what is that?
MR. OLLIFF: It's a request by the planning service staff for
the board to delegate limited temporary authority to the risk
management director.
The next item is an addition as well. It is Item 8(D)(1), D as
in David. This is a great item. This is authorization to purchase
a Sherman tank.
COMMISSIONER CARTER: Well, stepping right up there.
COMMISSIONER BERRY: Gee, we haven't done that in a
while.
CHAIRMAN CONSTANTINE: The Collier guard from now on
out.
COMMISSIONER BERRY: It's for us to get out of town.
COMMISSIONER BRANDT: And all of this happens when you
get a new commissioner.
COMMISSIONER BERRY: David, I don't know about --
COMMISSIONER BRANDT: There must be something here.
MR. OLLIFF: The tank would be used as a World War II
commemoration opportunity for us at the County Museum.
The next one is an item, is also an addition, it's Item 10(J).
It is resolution to urge Governor Jeb Bush to stop the closing of
the G. Pierce Wood Memorial Hospital in DeSoto County. It's at
the request of Commissioner Constantine.
We are adding 16(E)(13), and I just need to note, that is on
your consent agenda but it is a routine item, but it is the
approval of a faithful performance bond for Commissioner Brandt
in his new capacity as county commissioner.
Next item, we are moving an item from the consent to the
regular agenda. It should have been on the regular agenda to
begin with. It is Item 16(B), as in boy, (2), moving to 8(B)(3).
That's a report on staff and consultant findings regarding a right
turn lane for southbound Airport Pulling Road at Davis Boulevard.
Next item is a withdrawal, withdrawing Item 13(A)(3). That
was a sign variance request in North Naples, Petition SV
2000-01.
The last item I have on the list is a continuation. We're
requesting that Item 16(B)(8), which was a management contract
for the Pelican Bay Services Division, be continued to the
Page 6
June 27~2000
meeting of August 1st.
CHAIRMAN CONSTANTINE: Mr. Weigel, do you have any
additional changes?
MR. WEIGEL: Just one, thank you. It's come to my attention
from staff and petitioner that Items 17(D} and (E} on your
summary agenda have a master plan correction for the record.
The master plan that's been distributed to you and available is
not that which appears in the agenda, just incrementally
different. The plan that is before you is the plan that was before
the CCPC. If the board would recognize that for the record, I
think we're in good shape.
COMMISSIONER BERRY: Thank you.
COMMISSIONER MAC'KIE: Just basically, what's the
change, since we won't discuss this item?
MR. WEIGEL: The iljustration in the agenda packet is not
the drawing that is to be part of the agenda item itself. It's
slightly different.
COMMISSIONER MAC'KIE: In what way?
MR. WEIGEL: That which was submitted --
MR. MULHERE: Nothing is substantially different.
For the record, Bob Mulhere, planning services director.
That master plan you have before you does identify several
small wetlands in the area within the City of Naples that were
not identified on the previous -- on the master plan that was
provided in your packet. That's the only change.
COMMISSIONER MAC'KIE: Okay.
CHAIRMAN CONSTANTINE: The written summary did reflect
those changes.
Commissioner Berry, any changes?
COMMISSIONER BERRY: I do. 16 -- I'm having a little
trouble reading this, but I think it's (K)(1}. It has to do with the
grant from the sheriff's office. Yeah. 16(K}(1}.
CHAIRMAN CONSTANTINE: Which will become then 8(K)(1},
I guess.
MR. OLLIFF: I think it would be 11(A)(1}.
CHAIRMAN CONSTANTINE: 11(K)(1}.
MR. OLLIFF: Under other constitutional officers.
COMMISSIONER BERRY: Okay. And then the next one is
16(A}(4), has to do with a budget amendment recognizing the fire
plan review.
Page 7
June 27,2000
CHAIRMAN CONSTANTINE: That will become 8(A)(4}.
Anything else?
COMMISSIONER BERRY: And the other one had been
withdrawn, so just those two. Thank you.
CHAIRMAN CONSTANTINE: Commissioner Brandt, any
changes?
COMMISSIONER BRANDT: No, thank you.
CHAIRMAN CONSTANTINE: Commissioner Carter?
COMMISSIONER CARTER: None.
CHAIRMAN CONSTANTINE: Commissioner Mac'Kie?
COMMISSIONER MAC'KIE: None.
CHAIRMAN CONSTANTINE: We'll entertain a motion for all
three agendas.
COMMISSIONER MAC'KIE: Motion to approve consent,
summary and regular agenda as amended. COMMISSIONER CARTER: Second.
CHAIRMAN CONSTANTINE: Motion and a second. Any
discussion? (No response.) Any objection? (No response.)
Seeing none, motion carries 5-0.
Page 8
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
JUNE 27, 2000
ADD: ITEM 2(A): SWEARING IN OF DAVID E. BRANDT, COMMISSIONER FOR DISTRICT #1.
ADD: ITEM 5(C~(4~: PRESENTATION OF NATIONAL MOTTO PLAQUES BY THE AMERICAN
FAMILY ASSOCIATION (COMMISSIONER CONSTANTINE).
ADD: ITEM 81D~(l): AUTHORIZATION TO PURCHASE A SHERMAN'TANK TO BE DISPLAYED
AS A PERMANENT MEMORIAL AT THE COLLIER COUNTY MUSEUM TO COMMEMORATE
THE VALOR AND SACRIFICE OF VETERANS WHO SERVED IN WORLD WAR II. (STAFF'S
REQUEST).
ADD: ITEM 10(J): RESOLUTION TO URGE GOVERNOR JEB BUSH TO STOP THE CLOSING OF
G. PIERCE WOOD MEMORIAL HOSPITAL IN DESOTO COUNTY. (COMMISSIONER
CONSTANTINE).
ADD: ITEM 16(E)(.13): APPROVAL OF A FAITHFUL PERFORMANCE BOND FOR DAVID E.
BRANDT IN HIS CAPACITY AS COUNTY COMMISSIONER. (STAFF'S REQUEST).
MOVE: ITEM 16(B)(2) TO 8(B)(3): REPORT ON STAFF AND CONSULTANT FINDS AND
RECOMMENDATIONS FOR A RIGHT TURN LANE FOR SOUTHBOUND AIRPORT-PULLING
ROAD AT DAVIS BLVD. (STAFF'S REQUEST).
WITHDRAW: ITEM 13(A)(3): PETITION SV-2000-01, VARIANCE REGARDING SIGNAGE FOR
PROPERTY LOCATED AT THE INTERSECTION OF VANDERBILT DRIVE AND VANDERBILT
BEACH ROAD, KNOWN AS REGATTA. (PETITIONER'S REQUEST).
CONTINUE: ITEM 16(B)(8) TO 8/1 MEETING: APPROVE THE COMPENSATION AMOUNT FOR
FY 01 AND AMEND EXHIBIT "A" AS CONTAINED HEREIN WITH SEVERN TRENT
ENVIRONMENTAL SERVICES TO PROVIDE FOR CURRENT CONTRACT MANAGER SERVICES
FOR THE PELICAN BAY SERVICES DIVISION. (STAFF'S REQUEST).
STAFF DISCUSSION
1. STATUS OF FILM COMMISSION.
June 27,2000
Item #4
MINUTES OF THE MAY 23, 2000 COMMUNITY REDEVELOPMENT
AGENCY MEETING AND THE MAY 31, 2000 LDC MEETING -
APPROVED AS PRESENTED
Approval of minutes.
COMMISSIONER MAC'KIE: Motion to approve May 23, 2000,
and May 31, 2000, meeting.
COMMISSIONER BERRY: Second.
CHAIRMAN CONSTANTINE: Motion and a second. Any
discussion?
(No response.)
CHAIRMAN CONSTANTINE: Any objection?
Seeing none, all of those in favor, please state aye.
(A unanimous vote of ayes.)
CHAIRMAN CONSTANTINE: 5-0.
Item #5B
EMPLOYEE SERVICE AWARDS - PRESENTED
Proclamations and service awards. Commissioner Carter,
you have service awards.
COMMISSIONER CARTER: Yes. This morning we have -- we
have five service awards, and we'll begin with the people who
have served us for five years.
Mr. Mark Callis from facilities management, five years.
Mark, would you come forward, please? (Applause.)
COMMISSIONER CARTER: Mark, congratulations.
COMMISSIONER MAC'KIE: Don't forget that pretty pin.
You'll be wearing that every day, right?
COMMISSIONER BRANDT: Thank you, Mark.
COMMISSIONER BERRY: Thank you very much.
COMMISSIONER CARTER: The next one I have is for Mr.
Larry Graham for five years of continuous service. If he would
step forward, please. This must be from one of our other
meetings, I don't have the department. Is Mr. Graham here this
morning?
Page 9
June 27,2000
COMMISSIONER MAC'KIE: Nope.
COMMISSIONER CARTER: Is Mr. Jose Candomina here for
five years? No. Moving right along.
Carol Ann -- Carolann Adams, library department, five years.
(Applause.)
COMMISSIONER CARTER: Thank you.
COMMISSIONER MAC'KIE: Which branch are you? Thank
you very much.
COMMISSIONER
COMMISSIONER
COMMISSIONER
Smith from our purchasing department.
COMMISSIONER BERRY: Planning.
COMMISSIONER MAC'KIE: Planning.
COMMISSIONER CARTER: What do you know? The guy
can't read. Okay. (Applause.)
COMMISSIONER CARTER: Thank you.
COMMISSIONER MAC'KIE.' Thank you.
CHAIRMAN CONSTANTINE: Thank you.
COMMISSIONER CARTER: I know I'll get this one right. Ron
Jamro for twenty years with our museum. Ron? (Applause.)
COMMISSIONER CARTER: Thank you, Ron.
MR. JAMRO: Thank you, Commissioner.
COMMISSIONER MAC'KIE: I think we should have a
historical reenactment of your first day.
COMMISSIONER CARTER: They drove the Sherman tank
onto the property.
MR. JAMRO: Thank you. Thank you.
COMMISSIONER BERRY: Thanks, Ron, so much.
COMMISSIONER CARTER: And the grand winner this
morning is Juz Pietri from the library for twenty-five years.
(Applause.)
COMMISSIONER CARTER: Thank you.
COMMISSIONER BERRY: Thank you so much.
BRANDT: Carolann, thank you.
BERRY: Thank you very much.
CARTER: And for ten years we have Glenda
Item #5C1 - deleted
Item #5C2
Page 10
June 27,2000
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES
DIVISION REPRESENTING THE FLORIDA ARCHAEOLOGICAL
COUNCIL PRESENTING THE STEWARDS OF HERITAGE AWARD
2000 TO THE COLLIER COUNTY HISTORICAL AND
ARCHAEOLOGICAL PRESERVATION BOARD AND PLANNING
STAFF - PRESENTED
CHAIRMAN CONSTANTINE: Our next item would be 5(C)(2),
the community development and environmental services division
representing Florida Archeological Council. Good morning.
MR. BELLOWS: Good morning, Commissioners. It's my
pleasure to-- for the record, Ray Bellows of planning services
staff.
I would like to -- the purpose of this presentation is inform
the Board of County Commissioners that the Historical and
Archeological Preservation Board has received this award from
the Florida Archeological Council. They are recognizing the hard
work of the preservation board in preserving Collier County's
historical and archeological resources. As you know we have
designated sites on the National Register of Historic Places. We
have historic and archeological probability maps, which staff
uses to review all site plans and rezonings to make sure we're
not going to infringe upon any archeological site. We also have
Laura Jean Young. She's the chairman of the preservation board
here today, and Bill Tyson. If she would like to come up and
make a little statement. Yes. Bill Tyson and Alex Tuseca
(phonetic), also on the preservation board.
This is Laura Jean Young and here's the plaque celebrating
the award.
MS. YOUNG: I'm delighted to let you all know what good
work your board of historic preservation is doing. My hard
working members and our wonderful chief planner, Ray Bellows --
MR. BELLOWS: Principal. Whoops.
MS. YOUNG: Principal planner. We all thank you for your
recognition of this award.
MR. BELLOWS: Bring it up.
MS. YOUNG: Would you like to see it?
COMMISSIONER BERRY: Thank you.
Page 11
June 27,2000
Ray.
COMMISSIONER MAC'KIE: Congratulations.
MS. YOUNG: Thank you.
COMMISSIONER BRANDT: Where do you put this now?
MS. YOUNG: We're going to keep it in Ray's office, I believe.
COMMISSIONER BRANDT: Great.
COMMISSIONER MAC'KIE: Congratulations. Thank you.
COMMISSIONER CARTER: Thank you so much. Thanks,
COMMISSIONER MAC'KIE: Great work.
Item #5C3
ADOPT-A-ROAD SPONSOR RECOGNITION - PRESENTED
CHAIRMAN CONSTANTINE: Which takes us to the
Adopt-A-Road sponsor recognition. Today we're celebrating the
tenth anniversary of Adopt-A-Road.
And, Mr. Kant, please don't be shy.
It's encouraging in the first year of the millennium that
Collier County residents are still enthusiastic in their support for
this fine volunteer program, to keep our county beautiful and
litter free. It's a landmark year for the program, since it started
in the '89/'90 year. Ten years is obviously a long time for any
group of volunteers to continue untiring efforts, unpaid, picking
up litter along a two mile stretch of roadway. But we have with
us today members of one of the first groups to volunteer their
services in the program. I'm referring to the Pilot Club of Naples.
And if we have some folks from the Pilot Club, please come on
up. It's not an unusual occurrence today to see groups of folks in
their orange vests out there picking up litter along the roadway.
But in 1990 it attracted a lot more attention from passing
motorists who were pleasantly surprised and would toot their
horns and whistle and wave and so on. Their presence
encouraged others to join, enabling the program to grow close to
a hundred sponsors each year. As you look around the county,
we have over a hundred groups that actually are out there doing
what you guys helped kick off ten years ago.
So we want to acknowledge the recipients of the sponsor of
the year award for the year 2000.
The runner up in the service organization category is First
Page 12
June 27,2000
Assembly Ministries, who sponsor not one but two roadways, a
portion of County Road 951 and a part of Rattlesnake Hammock
Road. Dana Weiner is here to accept the award. (Applause.}
CHAIRMAN CONSTANTINE: Let's make sure we get you the
right plaque. Thank you.
COMMISSIONER MAC'KIE: Thank you so much.
COMMISSIONER CARTER: Thank you.
COMMISSIONER BRANDT: Thank you.
COMMISSIONER BERRY: Thank you very much.
CHAIRMAN CONSTANTINE: And runner up in a residential
neighborhood category goes to Wiggins Lakes and Preserve
homeowners who've kept Wiggins Pass Road litter free since
1996. Although composed of mostly winter residents, they have
a small vanguard of year-round residents who take pride in
making sure their roadway is litter free, both winter and summer.
Their award is being accepted by Barbara Lee on their behalf.
(Applause.)
CHAIRMAN CONSTANTINE: Thank you very much.
COMMISSIONER MAC'KIE: You really do a good job.
Wonderful.
MS. LEE: Very happy. Thank you.
COMMISSIONER BERRY: Thank you so much.
CHAIRMAN CONSTANTINE: In the business category,
sponsor of the year is being awarded to Wilson, Miller for their
dedicated efforts in keeping their roadway on Vanderbilt Beach
Road litter free since '96. They pick up on a consistent basis and
provide timely reports. Brett Rosenbloom, their Adopt-A-Road
chairman, is accepting the award.
COMMISSIONER BERRY: Thank you very much.
CHAIRMAN CONSTANTINE: I mentioned the longevity award
goes to the Pilot Club who have been doing this for ten years.
They have been out there picking up trash and keeping it clean.
We appreciate that very, very much. (Applause.)
COMMISSIONER MAC'KIE: Thank you so much. You started
a good thing.
COMMISSIONER BRANDT: Thank you very much.
COMMISSIONER BERRY: Thank you very much.
CHAIRMAN CONSTANTINE: And the top sponsor of the year
Page 13
June 27,2000
plaque is being awarded to the Men's Brotherhood of Mayflower
United Church of Christ who take pride in keeping the road
outside of their church, County Barn Road, litter free. They
maintain a consistent schedule, also returning borrowed
equipment in a timely manner and providing all requests --
requested reports. Their award is being accepted by Robert
Twist.
MR. TWIST: Thank you.
CHAIRMAN CONSTANTINE: Thank you very much.
COMMISSIONER MAC'KIE: We appreciate it. Thank you.
COMMISSIONER CARTER: Thank you very much.
COMMISSIONER BRANDT: Thank you.
COMMISSIONER BERRY: Thank you so much.
CHAIRMAN CONSTANTINE: Ed, you want to say a few
words? I know you do a lot of work to make sure this runs
smoothly.
MR. KANT: Well, thank you, Commissioner. But I don't want
to take any of the credit. I would like to recognize Miss Barbara
Lee, the young lady that took the plaque on behalf of the Wiggins
Pass folks. Miss Lee is the -- our Adopt-A-Road coordinator and,
without all of her dedication, hard work, none of this would take
place.
On a little bit more serious note, one of the things that we
have to recognize is that we save, that is the people, save
themselves hundreds of thousands of dollars annually by taking
on this chore. At one point we computed that a four person
crew, a truck driver, two maintenance workers and a crew
leader, and assorted vests, pick-up sticks and garbage bags,
which cost in excess of $244, 000 a year, one single crew to do
that work. So there's a significant impact, not only to our roads
but to your budget. And for that I also want to add my thanks to
that of the board for those people who volunteer their time and
their effort. Thank you for recognizing them, commissioners.
CHAIRMAN CONSTANTINE: Thank you very much.
COMMISSIONER MAC'KIE: Incredible work.
Item #5C4
PRESENTATION OF NATIONAL MOTTO PLAQUES BY THE
AMERICAN FAMILY ASSOCIATION - PRESENTED
Page 14
June 27,2000
CHAIRMAN CONSTANTINE: Our final presentation of the day
is Ken Killer is with us. He has some national motto plaques --
July is the anniversary of the adoption by the United States
Congress of our national motto. And the American Family
Association has a number of plaques to present. He has a
sample of one of these this morning. Good morning, Ken.
COMMISSIONER MAC'KIE: Isn't that beautiful?
MR. KELLER: This is the national motto of the United States
of America, and it is -- it represents the foundation of our peculiar
brand of patriotism in this country, that it rests on God. And we
have heard God mentioned a couple of times in this meeting
today. And the Congress in 1956 recognized that and made it the
national motto. And it's on our money, and it's still on our
money. So we handle it every day. And this is a recognition,
particularly July 4th, of that fact, that our faith rests in the future
of our country on God.
CHAIRMAN CONSTANTINE: Thank you.
(Applause.)
COMMISSIONER MAC'KIE: Isn't that beautiful? That's just
gorgeous.
MR. KELLER: We will be posting these throughout the
county in various government buildings; is that correct?
CHAIRMAN CONSTANTINE: We have a number of these they
are donating to us and they are being -- actually being given to a
number of groups ranging from Grace Community School to
Wal-Mart who have donated either the framing or money to get
them framed, so --
MR. KELLER: This is -- there are no tax dollars going into
this. This is entirely community sponsored, community led,
community bought and paid for. We have sponsors everywhere
from $1,000 to $30. 00. And each one of the plaques will have
on it a little metal plate that will say donated by, so that
everybody who sees it knows this has nothing to do with their
tax dollars. This is the community spirit at work.
CHAIRMAN CONSTANTINE: This is safe protection.
MR. KELLER: Right. So everybody knows --
COMMISSIONER MAC'KIE: I would like to ask --
MR. KELLER: -- this is God and community that's doing it.
Page 15
June 27,2000
COMMISSIONER MAC'KIE: In the county commission office,
when you first come in there is a beautiful Clyde Butcher print
that was donated to us on the dedication of the scenic highway.
I wonder if that wouldn't be just the perfect place to hang the In
God We Trust plaque in the county commission office so
everybody can see it as they walk in the door.
MR. KELLER: That's a wonderful idea.
COMMISSIONER MAC'KIE: Great.
CHAIRMAN CONSTANTINE: Thank you very much.
MR. KELLER: Thank you, commissioners.
Item #7A
WES BRODERSEN, PRESIDENT, GULDER REAL ESTATE, INC.
REGARDING A BUSINESS FLAG DISPLAY - NO ACTION TAKEN
CHAIRMAN CONSTANTINE: Public petitions. We have a
couple this morning. And a reminder to those who are making
the public petition, what the board of commissioners traditionally
does is, you have ten minutes to make your case, whatever it
may be. We are unlikely to take any action on that. What you're
doing is petitioning us for some sort of action, therefore to take
action, that will be on a future agenda.
7(A), Wes Brodersen, president, Guider Real Estate
regarding a business flag display.
MR. BRODERSEN: Good morning, commissioners. Thank
you for giving me the opportunity to petition the commission this
morning.
CHAIRMAN CONSTANTINE: And if you would just identify
yourself for the record.
MR. BRODERSEN: I'm Wes Brodersen. I'm the president and
broker of Guider Real Estate in Bonita Springs, Florida.
CHAIRMAN CONSTANTINE: Thanks.
MR. BRODERSEN: To give you an idea of why I'm here
today, it might be best to give you a quick family history.
My grandfather first visited Bonita Springs in Collier County
right after World War II. He bought a lot and built the third house
in Bonita Shores in Bonita Springs. My parents and I visited him
in the late fifties. I told him then that I was going to live here
when I grew up. They all laughed at me.
Page 16
June 27,2000
My parents moved here in 1974 when my Dad retired. I
continued to visit them, fish, until I moved here in 1977. My
father started Guider Real Estate that same year. There have
been four generations of Brodersens living in Bonita Springs at
this time. Dad told me that anyone who visited the area was
sure to love it and want to live here. He was right.
From the start my father saw the potential of Bonita Springs
as a worldwide resort destination. Pop started the tradition of
our company to work with anyone and everyone who came to our
office. He also began putting out flags of many other countries
to show the local residents and visitors alike that we welcome
them to our town.
From then on things kind of snowballed and he began to hire
agents who were multi-lingual to try and serve whoever walked
through our door. They spoke German, French and Spanish from
the start.
I joined my dad in 1984. My brother joined us the following
year. We talked a lot about where we thought real estate would
go in this area. We all agreed that international travelers who
vacationed in our area would probably return to retire and live
here. Once again, we were right.
The main philosophy of our country -- of our company has
been and will remain to welcome people of all nationalities,
races, religions, cultures to this beautiful area. As time passed,
we've watched Bonita and Southwest Florida blossom into a truly
cosmopolitan area. We have come from a community that
started out as a sleepy little fishing village with our customers
coming as retirees from Illinois, Indiana, Michigan and Ohio.
Now it is becoming a destination that is being talked about the
world over.
While I recognize the county's right to enact rules that
enhance the safety of our roads, I disagree with this particular
ordinance. I think you should have the power to regulate the size
of flags or the placement of them to make sure that they don't
block the vision of drivers but not the right to display them.
I recently was served a notice of ordinance violation and
order to correct at my office on Bonita Beach Road. As soon as I
talked to the code enforcement investigator, we immediately
removed three offending signs also mentioned in the notice along
with the order to remove four flags. This was when I first called
Page 17
June 27,2000
Commissioner Jim Carter, that's Bonita Springs' Collier County
Commissioner, to try and discuss my position with him on the
flag issue. When I was unable to talk to him, I decided to try and
speak to you all. I have some thoughts that I would like to share
with you.
First of all, for twenty-three years we have had these
national flags in Bonita. In that time there have been no
complaints until this notice. Guider Real Estate, Incorporated is
an international brokerage office. I am the first international --
I'm sorry -- the first certified international property specialist in
Bonita Springs and one of the first in Collier County.
Approximately twenty to thirty percent of the properties we sell
are sold to international visitors. We believe that this number
will continue to grow.
Guider Real Estate, Incorporated has sold over the years
approximately 4.8 billion dollars' worth of real estate, totaling
almost over 29 million dollars' worth of commissions that have
been spent locally in Bonita Springs and here in Collier County.
My office at this time speaks twelve languages. We are looking
for more. We have two mottos. The first was telling the world
about Southwest Florida since 1977. That was my dad's original.
And we have since added Bonita Springs' connection to a world
of buyers. Lee County, which is directly across the street from
my office, has no code about the number of country flags flown,
only commercial flags, open, welcome, open house, going out of
business, those types of things. I am in direct competition with
companies in Bonita Springs who do not have to deal with this
very restrictive ordinance. Only one mile of the south side of
Bonita Beach Road is located in Collier County. The north side of
the road and the remainder is all within Lee County. I have no
Collier County competitors located on Bonita Beach Road. I have
personally talked with the owners of thirty-six businesses
located in Collier County and on Bonita Beach Road. None of
them have a problem with my flags and in fact most of them
think that my office is very attractive because of them. All of the
businesses in Collier County are worried about their ability to
compete across the Lee County line. This is the only place in the
county where we have this, two counties sharing one business
district.
International clients visit all the time telling us how nice it
Page 18
June 27,2000
is to see their flag so far from home. It's just a friendly thing to
do. My grandfather fought in World War I, my father fought in the
Pacific in World War II. I personally served in the Vietnam
conflict. I have a major problem with one part of the ordinance.
I find it repugnant that you ask me to count the American flag in
any way, shape or form. Your ordinance allows three flags,
including the American flag. Should the American flag be part of
a quota?
A recent story published in the Bonita Banner about my flag
problem has prompted many calls from veterans and other local
residents to tell me that they agree and to wish me luck in front
of you folks. I have been in contact with many Florida county
governments, including Lee, Charlotte, Sarasota, Manatee,
Hillsborough, Broward, Dade, Palm Beach and Monroe. None of
these counties limit national flags. Monroe County ordinance
includes these words -- and this is an excerpt from the Monroe
County land use ordinance, Division 13, flag, Section 9.5.403,
general provisions. It says, "Flags. Each business frontage shall
be allowed to display two flags containing any graphic symbol,
logo or other advertising message provided that no such flag
shall exceed fifty square feet in size. "That's huge. "There
shall be no number or size limit on the display of the flags of any
nation, organization of nations, state, city, fraternal, religious or
civic organizations." I find it very telling that they mention this
in their ordinance.
I truly hope to work out this problem with Collier County
amicably, however, I have been in contact with the American
Civil Liberties Union and they tell me that I have the kind of case
that they would love to argue. There seems to be some first
amendment questions arising from this matter. They tell me that
they will pursue this matter for me at no cost to me, other than
my time.
For all these reasons I now ask the county commission to
amend the Collier County sign ordinance to exclude any national,
state, city, fraternal, religious and civic organization flags from
this ordinance.
I hope you will discuss this matter with the county attorney
and maybe with some first amendment attorneys.
And I thank you all for hearing me this morning.
CHAIRMAN CONSTANTINE: Thank you very much.
Page 19
June 27,2000
What's the pleasure of the board? Do you want to give an
assignment to our county attorney and have a regular agenda
item come back to us?
COMMISSIONER MAC'KIE: I assume, Mr. Weigel, you just --
may we assume that you've already opined that the ordinance
we've adopted complies with the constitution?
MR. WEIGEL: Yes. We have been through this years ago, as
far as that goes. You may recall --
COMMISSIONER MAC'KIE: That's my only question. I don't
need to hear it again.
CHAIRMAN CONSTANTINE: Commissioner Berry?
COMMISSIONER BERRY: Is this similar to the issue that
came about with the Sports Page Restaurant years ago where
they flew the flag?
COMMISSIONER MAC'KIE: Yes.
COMMISSIONER BERRY: Whoever was -- this was before I
was on the board, but I remember the incident. Is this the same
type of thing that you-all dealt with at that point?
CHAIRMAN CONSTANTINE: Could well be.
COMMISSIONER BERRY: Is this the -- are we talking about
the number?
MR. WEIGEL: It is, yes. In that case it wasn't national flags.
COMMISSIONER BERRY: I understand.
MR. WEIGEL: It was team flags.
COMMISSIONER BERRY: It was a state flag, or whatever.
Okay.
CHAIRMAN CONSTANTINE: The politically incorrect
Packers, by the way, if you read today's newspaper.
COMMISSIONER CARTER: Well, it is my recollection that my
office did return his call and explain to him it was the ordinance.
I didn't do it personally, but it was done. And I'm still standing by
the ordinance. You know, the ordinance says what it says. And
it's not any disrespect to anyone, but if everyone else has been
able to fly three flags, including our flag, the USA flag, then it
seems to me it would be appropriate that everyone follow the
same ordinance.
CHAIRMAN CONSTANTINE: Sounds like that's three.
Item #7B
Page 20
June 27,2000
JEFF POPICK REGARDING SEWER BILL - STAFF TO REVIEW
ORDINANCE AND RETURN WITH RECOMMENDATION DURING
THE AUGUST 1, 2000 MEETING
Let's go to the next item, which is 7(B), Jeff Popick
regarding sewer bill. Good morning.
MR. POPICK: Good morning. My name is Jeff Popick,
president of Popick Properties, Incorporated. Approximately four
months ago we purchased a small office building on Marco
Island, 20 -- the address is 20 Marco Lake Drive. Our average
monthly water bill, which is actually since we have had
possession, as well as prior to our possession, is approximately
$70. 00 a month, give or take a few dollars. Our sewer bill is
$524.88 a month. I've asked Collier County Utilities to make
some type of equitable reduction in my bill, and they haven't, so
I'm here to ask you to make a recommendation or mandate to
Collier County Utilities to make this more equitable. This is
grossly inequitable based on --
CHAIRMAN CONSTANTINE: Is there an explanation why it's
so high for that sewer bill?
MR. POPICK: Well, what they tell me, apparently, with
commercial properties, they had to set up some type of policy to
cover their expenses to treat the water. They set up a system
where, with certain commercial properties, they charge
forty-three dollars and change per toilet. My office building -- it's
a small building but each unit has its only toilet. Each unit is --
maybe one or two people are there, some -- actually, one unit is
actually used as storage. There's nobody in there, maybe once
or twice a week for a few minutes, and they have a toilet in
there. So I'm paying forty-three dollars and change per toilet, but
the usage -- like I said, the average monthly water bill is $70.00,
however, the usage of water, part of that is -- the base facility
charge is $54.41 -- I'm just looking at my April bill -- $54.41. My
usage, my actual water usage was $19.57 for water. I'm paying
$524 for sewer. So I would like some type of reduction.
CHAIRMAN CONSTANTINE: Mr. Finn?
MR. FINN: Yes, sir. For the record, Edward Finn, interim
utilities administrator.
Mr. Popick and I have spoken on this. We've looked into the
specifics of the situation. There does appear to be some basis
Page 21
June 27,2000
for looking a little further into this and we would seek board
direction to do so. Worst possible scenario would be making a
recommendation, as this utility turns over to the City of Marco
Island, to have them consider a rate change to make this more
equitable. And that would be a fall-back in the event that we
can't get back in time to the board to make that change.
COMMISSIONER MAC'KIE.' When is the turnover to Marco?
MR. FINN: That is scheduled to occur on October 1, and the
last billing is going to be, I believe, in August.
COMMISSIONER MAC'KIE: All right. The other question that
I have is, if the problem is a legitimate problem as applied to this
individual, is it a problem with our ordinance that we should look
at overall?
MR. FINN: Yes. And that's why I would ask for a little bit of
time to look at it in this forum. The board can only direct us to
take -- to bring back some action. It is an ordinance related
action so we would need to report back to the board --
CHAIRMAN CONSTANTINE: Commissioner Brandt?
COMMISSIONER BRANDT: My personal view is that I would
like to see the staff look at this, as Mr. Finn has suggested, and
bring something back to the board. I would -- I would hope that --
I would hope that the county would be able to give some input to
the City of Marco Island prior to that turnover as some kind of a
foundation to work with.
COMMISSIONER MAC'KIE.' I would support that direction.
CHAIRMAN CONSTANTINE: Any objection to that?
COMMISSIONER CARTER: No. I would support that. I don't
want to set a precedent that he encumbers Marco Island in the
future in whatever they work out, but I think we need to look at it
for our total county-wide ordinance and perhaps give you some
relief and then the City of Marco will have to ultimately make
that decision.
MR. POPICK: Well, I was told by Ed and other people that it
was being turned over to Marco, so why don't you just wait until
they take it and then take it up with Marco? So I asked Ed,
actually, the other day for some type of an interim action, just
some relief until such time, because, who knows -- I don't know
how things go and who knows when Marco is actually going to
take over. And then it's several months down the line by the
time it's addressed. And I really feel -- I actually asked Ed
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June 27,2000
yesterday for him to give me his idea, based on my usage, what
he feels a fair sewer bill would be. And he said, I believe, about
$60.00 a month. And I'm sure he'll corroborate that. I'm paying
$524 a month. And I'm not asking -- Ed seemed to be very
concerned, I guess for precedent purposes and so on, that I was
-- that I'm going to be asking for a retroactive, either based for
myself as well as previous owners. I'm not. I'm just looking for
some relief here. And I think it would be fair to have some type
of interim action here.
CHAIRMAN CONSTANTINE: Right.
COMMISSIONER CARTER: Mr. Weigel --
CHAIRMAN CONSTANTINE: Hang on just a second.
Commissioner Brandt?
COMMISSIONER BRANDT: Mr. Chairman, if I may, it may be
that Mr. Popick's situation may not be an isolated one within that
sewer area, and I don't know if you would look at a broader view
of it rather than this singular one as part of the input that you
would provide to Marco Island at the time it would be transferred
over.
MR. FINN: Yes, sir.
COMMISSIONER BRANDT: That would be our intent. Okay.
CHAIRMAN CONSTANTINE: Mr. Finn, as far as who knows
when Marco is going to take over, I suspect you do?
MR. FINN: Yes. I believe it's October 1.
CHAIRMAN CONSTANTINE: Thank you.
Mr. Weigel, you had a comment?
MR. WEIGEL: Thank you, yes.
Just to note, as staff and the county attorney's office look at
this, is that the law in effect here is one, of course, of
assumptions and averages. And the law itself is not under
attack. But I will say that it may parallel somewhat, for
instance, our solid waste mandatory collection. That is, we may
have many residences that are not using their capacity many
months of the year, but they pay on a monthly basis based upon
the system that's in place. And we'll probably be looking at that
standpoint as well as looking at the fact that relief granted here
may set us up for mandatory legal relief for other persons
similarly situated.
CHAIRMAN CONSTANTINE: Sounds like we need direction
to look at that. Can you have that for our next meeting?
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June 27,2000
MR. FINN: Yes.
COMMISSIONER MAC'KIE: Being sure that they incorporate
this concern with the legal staff. Is that agreed to? MR. FINN: Yes.
CHAIRMAN CONSTANTINE: Thank you. Thank you.
MR. POPICK: So when do -- what do I do next?
COMMISSIONER MAC'KIE: Talk to Ed.
MR. POPICK: Okay. Can I get some type of recommendation
or mandate for an interim relief?
CHAIRMAN CONSTANTINE: No. However, we -- obviously
we can look at this -- the real change is going to be the big
picture from here on in and what changes may be made and how
that affects the City of Marco as well. But I don't know that
anybody here is prepared to make that change at this instant for
the next two months.
MR. POPICK: Okay. I feel -- you know -- again, I think it's a
fair thing to do to keep it as simple as possible and rather than
saying, well, we need to look at this whole picture -- which is fine
because I think it needs to be addressed -- but by the same time,
I'm being affected every month, and if this needs to be made
into, into something larger, as far as I'm concerned, something
larger, then I'm also going to reserve my right to go for
retroactive relief as well. I think that that's fair. I just wanted
that for the record.
CHAIRMAN CONSTANTINE: Fair enough.
MR. POPICK: Thank you.
CHAIRMAN CONSTANTINE: Thanks. And I suspect we can
look at the individual case and the big picture concurrently.
Item #8A1
REPORT ON THE IMMOKALEE HOUSING INITIATIVE PROGRAM
AND CONSIDERATION OF ADDITIONAL IMPLEMENTATION
STRATEGIES - OPTION #1 APPROVED; FINDING OF NO IMPACT
WITH REGARD TO EXISTING PROPERTY; STAFF DIRECTED TO
PREPARE AGGRESSIVE PLAN TO REACH 50% COMPLIANCE
WITHIN 2 YEARS AND REPORT ON AUGUST 1~ 2000
That will take us to the morning agenda. County manager's
report. 8(A)(1), report on the Immokalee housing initiative
Page 24
June 27,2000
program in consideration of additional implementation
strategies.
Before you start, I'm just going to tell you, some of the items
in here look as though we are setting the bar lower for
Immokalee, and that's just something I have consistently
opposed. I realize we want to have some incentives there, and
much of this is good. There are a couple of pieces of this that it
seems like we're making it easy for people who are slumming.
COMMISSIONER MAC'KIE: Just on a -- to respond to that,
because I've got the same concern, the last thing I want to do is
say it's okay to treat people poorly if they live in Immokalee. And
that's -- I suspect that you're watching for that and don't want to
let that happen. At the same time, if you talk to community
leaders in Immokalee, I think -- well, my experience is that they
support some different standards for Immokalee that's not lower
but different, recognizing the nature of an agricultural community
and a community where the economy is changing, then I hope
that we can be flexible and creative while being careful to
protect the people who live there, because that's why we're
going down this road in the first place.
CHAIRMAN CONSTANTINE: Mr. Cautero?
MR. CAUTERO: Vince Cautero, for the record --
good morning, commissioners -- community development and
environmental services administrator.
My presentation will be even briefer than I had planned,
since you had opened up with those questions. However, for the
board's consideration and for Commissioner Brandt's
consideration, since this is an item that was discussed nine
months ago -- it will be nine months ago tomorrow that we first
discussed the Immokalee housing initiative program. At that
time we told you that we wanted to reach a goal to have so many
substandard units in Immokalee, housing units, removed, which
is a very tall task. But we outlined a very detailed program. And
now, nine months later, we're here to give you an update, and I
will take your opening remarks also as a sign or a compliment
that our executive summary was complete. We hope that it was.
The statistics are on Pages 2, 3 and 4. And we're also trying
to tell you in that executive summary that there have been some
very proactive code enforcement efforts in the area and I'm
pleased to tell you that our success rate or our abatement rate
Page 25
June 27,2000
for the cases initiated since this program was started is over
sixty-five percent. Additionally, over 530 new units of affordable
housing have been created by various agencies in Immokalee,
and that's located on the bottom of Page I of your executive
summary. One of those is a planned unit development that the
board approved several months ago through Harvest for
Humanity called Jubilation.
The meat of the issue is money. And we might as well get
right into it. I have some pictures that I can also show you
related to the mobile home parks that we have identified. Those
statistics are on Pages 3 and 4. The issue is similar to a
subdivision that we dealt with through code enforcement several
months ago called Looneyville (phonetic) in the Big Cypress area.
What we did in that case was bring forward over thirty-five cases
to you, one by one, in several executive summaries. And the
board's ultimate action was to charge property owners the fees
that were in effect, all fees, development review fees, building
permit fees and impact fees, effective at the time the unit was
constructed or when they could show proof that the unit was
placed on the property.
What we're looking for is some anecdotal evidence from
these individuals, and it is your choice as to what you would like
us to do. But what I'm telling you is, before I go to the fullest
extent in code enforcement, I want to give these people the
benefit of the doubt because our response rate from the letters
that we sent out in the code enforcement department was over
fifty percent, which I was very pleased to see, and the staff was
as well, in that the property owners in -- of the mobile home
parks, in working with them and telling them there were funds
available to them for site improvement plans, that's not enough.
They are coming to us and saying, if you want me to move these
units off-- and I can, through code enforcement action -- but
we're trying to give them an incentive to do so. And the
incentive for them to move them off and replace them, even at a
higher density, which is another issue we will come forward to
you with at a later date, that's explained in the executive
summary, they are not guaranteed the same amount of units,
there are health department and fire department requirements
that deal with the spacing of the units, but in doing so they are
saying, well, I'm not going to do it, so you're just going to have to
Page 26
June 27, 2000
take your chances with me through code enforcement.
Compliance is our goal. Safe, affordable housing is another goal.
To do that, to put a new unit back on the property, they would
have to pay an impact fee. What I am telling you is that some of
these units are as many as thirty and forty years old, maybe even
older, there is no new impact. We believe you can make a policy
decision, of course if we're in accordance with the ordinances
and all of the legal documents are in -- are properly recorded, if
no new impact can be proven, there would be no impact fee due.
We're asking you to consider that as an option.
And, if you consider that, there are two options within that.
One is that you assume they are all placed prior to 1991, or you
do ask for some anecdotal evidence, whether it be an affidavit, a
property appraiser card record, an electric bill or some other
documentation. Our goal is to get as many of the substandard
units out, single family, multi-family, single family, either mobile,
manufactured or conventionally built, and in the mobile home
parks, which is where we have focused our efforts. There are
approximately ninety-five parks that we're dealing with. The
incentive for the owners of these parks is cash, and that's what
we're here to talk to you about today.
I would be happy to answer any questions and show you
some pictures, and I want to publicly thank all the members of
those four departments that have worked on the project.
CHAIRMAN CONSTANTINE: As far as density, I know we're
going to deal with that another, another time, but I don't have
any problem if somebody has a current density and they want to
replace that, upgrade and keep the same density or something
similar. I don't think anybody from our prior discussions had any
difficulty with that. I do have some difficulty, if someone is in
violation of the current code, however. I don't have any desire to
grant them an incentive to come up to code. It's one thing -- you
mentioned safe, affordable housing is our goal here, and if we
need to give some incentives to help make that happen, I don't
have any problem with that at all. I think that's great. But if
someone is breaking the law, I don't want to give incentives to
comply with the law. If you're not complying, the incentive is,
we violate them, they go to the code enforcement board, and it
takes money out of their pocket if they don't comply with the
law. So that's my split.
Page 27
June 27,2000
As I read through here there are parts that appear as though
some of those who may be violating, we're going to go ahead and
give an incentive to, and that just -- that doesn't ring okay with
me,
MR. CAUTERO: I understand completely, Commissioner, and
I was remiss in my presentation. I apologize for not telling you
that we do not -- we are not offering any incentive when it comes
to building code issues.
COMMISSIONER MAC'KIE: There you go.
MR. CAUTERO: And if I inferred that or if we've included
something along those lines in our talk, we certainly did not
intend to do that. We are merely talking about the site
improvement plan and actually getting a unit on the property.
We are not offering, nor would we come to you with any incentive
dealing with a building code issue. But to get to that, before we
get to that issue, people are saying, I do not find this acceptable,
take your chances with me through code enforcement. I'm
willing to do that. I'm going to do that. I told you last summer I
was going to do that. However, this is such a big issue that I
wanted to come to you and see if you were willing to entertain
the impact fee issue before we go to that next step.
CHAIRMAN CONSTANTINE: No. Thank you. That helps
clarify considerably.
Commissioner Mac'Kie, then Commissioner Brandt.
COMMISSIONER MAC'KIE: I am willing to consider the
impact fee solution, the abatement that you discussed, and I
would like to hear more from you on a recommendation about
whether or not we should require some level of documentation,
but I'm only willing to do that, Vince, if you show us a
spreadsheet, a time line -- we've got, what is it, 1,100 units we're
talking about here?
MR. CAUTERO: Yes. I think it's over 1,200.
COMMISSIONER MAC'KIE: How fast or how slow are you
going to be able to address all of these? I'm willing to put money
where my mouth is, but I also want to do it with a plan, a time
line of, when are we going to accomplish something significant?
And the reason being, those 530 new units you just said that are
out there. The fear that I've had has been displacement of
people from substandard homes that -- that's better than the
street in some cases.
Page 28
June 27,2000
MR. CAUTERO: Yes.
COMMISSIONER MAC'KIE: While we have 530 houses
coming on, now is the time to be aggressive in shutting down, if
it's 500 of the 1,100, can you give us a time line -- MR. CAUTERO: Yes.
COMMISSIONER MAC'KIE: -- and tell us when you can have
it accomplished and what it is going to cost for staffing and
otherwise, that would be good.
MR. CAUTERO: Sure. Those new units, of course,
complement our program.
COMMISSIONER MAC'KIE: Of course.
MR. CAUTERO: I would say that, coupled with our efforts,
new staffing would probably be in the area of four full-time
equivalents. That's more than four people doing other tasks. I go
back to Commissioner Constantine's questions during our budget
workshop, what would these people do? They would not be
solely working on this. As a matter of fact, in your budget
workshop you tentatively agreed to one code enforcement
investigator that we would use partially in this program and we
could always add new building inspectors on. We may have to,
with the uniform building code, and we may be coming to you at
any point in the year with that. I am anticipating no impact on
the ad valorem tax base. We would recommend that we use the
reserve funds from the community development fund, which is
generated from permit fees. I would estimate at least four
full-time equivalents of planning, building, housing and code
enforcement departments. Housing department staff would be
minimal. It would be very intensive for the building department
and the code enforcement staff in dealing with the inspections.
Time line, commissioners, based on past experiences in this
community and others, I would think we would probably see a
significant success rate of over fifty percent somewhere in two
to three years. Probably three years.
COMMISSIONER MAC'KIE: Does the time line tie directly to
the number of employees? And, in the same two to three years,
is that when the 500 plus units are going to be coming on?
MR. CAUTERO: I can't answer that. I know that some of my
staff might be able to help me with that. It's partially -- there's a
correlation between the number of staff and what I would
consider a significant success rate.
Page 29
June 27,2000
COMMISSIONER MAC'KIE: How many staff would it take to
get a fifty percent rate in a year or two instead of two or three?
MR. CAUTERO: I would double that. I would say eight FTEs.
COMMISSIONER MAC'KIE: And could you do that also out of
the reserve fund from development services? MR. CAUTERO: Yes.
COMMISSIONER MAC'KIE: No impact -- no cost to the
property taxpayer? I'm interested. Let's do it now, because
we're not going to get it done if we don't do it now.
CHAIRMAN CONSTANTINE: Commissioner Brandt?
COMMISSIONER BRANDT: I support the comments that the
chairman made earlier, and I fully endorse what you just said.
COMMISSIONER MAC'KIE: Good.
COMMISSIONER BRANDT: I really feel that we need to be
more aggressive.
MR. CAUTERO: One other piece of information that I did not
tell you, and Michelle just reminded me -- I want to thank her for
that -- is the site improvement plan portion of this program, we've
given the property owners until December of 2000 to revise those
plans or we go to code enforcement. But, again, once you go to
code enforcement, then you're into that whole process and that
could drag on. And that's why I answered you the way I did.
COMMISSIONER MAC'KIE: Because, once we got in code
enforcement, we're months and months. So that's why I would
like to do -- if you can do it in two years with eight, I want you to
do eight.
CHAIRMAN CONSTANTINE: Commissioner Berry.
COMMISSIONER BERRY: Vince, I don't want you to be nice
to the commissioners. If you need more people, then I want you
to stand up here and tell us that we need more people.
CHAIRMAN CONSTANTINE: I would like you to tell us that
nicely, though.
(Laughter.}
COMMISSIONER BERRY: No. I really don't care because I
think they have all been very nice in the past. COMMISSIONER MAC'KIE: Me too.
COMMISSIONER BERRY: And instead of standing up and
saying, you know, you guys expect us to do this in this amount of
time, and we don't have the resources to do that, what we --
COMMISSIONER MAC'KIE: Belly up.
Page 30
June 27, 2000
COMMISSIONER BERRY: -- really need to hear is, if there is
a need out there, and if they need more than one person or three
people or four people, the Board of County Commissioners needs
to hear that, because we're the only ones that can sit up here
and say yeah, go ahead and do that. So I want you to tell us and
say, look, you're asking us -- Commissioner Mac'Kie is saying,
you know, we want it done in a year or two, and if that's what we
want done, then you tell us, okay, if you want that, then here's
what it's going to require. And, at the same time, I believe some
direction was given some time back, or we had talked -- you,
even, I believe had discussed it with us -- about opening an office
in Immokalee.
MR. CAUTERO.' Yes.
COMMISSIONER MAC'KIE: Got it.
COMMISSIONER BERRY: Where are we in that, because I
think that we need to have that full-time presence and have
somebody there, because I think you're losing time with people
going from here over there, you know, and we're wasting a lot of
time. It's just difficult. I mean, you're -- you know, it's a distance
away and --
MR. CAUTERO: If we couldn't get to the next step, which is
getting cooperation from the property owners, which we believe
we are getting -- if we weren't at this step right now where
everybody said we'll comply, we would be able to tell you, we're
going to open an office in X amount of days. We're at the point
now where if there is no incentive given to the property owners
in this impact fee area, I can honestly tell you basically we can
do most of the work from Horseshoe, unless it becomes a code
enforcement exercise and then our normal inspections that we
would do through building and code enforcement -- if we go this
next step, we are anticipating that we're going to have the
cooperation that we've come to expect through the phone calls.
If we do that, we could justify an office in Immokalee with those
number of employees that I mentioned, where we would just
throw more resources at it. Part of it is unknown territory. It's a
quagmire of paperwork we may be looking at. But I think I could
make a dent with those four FTEs, and if you want something
done quicker, I would probably add more to that. Those four
full-time equivalents are more than four bodies because people
are going to be working part time on it. It's very intensive with
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June 27,2000
code enforcement and building because I have to put inspectors
out there and investigators to work on nothing but that.
COMMISSIONER BERRY: Vince, do it.
COMMISSIONER MAC'KIE: Do it.
COMMISSIONER CARTER: Do it.
MR. CAUTERO: I need people.
COMMISSIONER MAC'KIE: Okay. I make a motion that we
approve the abatement of impact fees with some nominal -- I'm
sorry. You're stopping me. Don't do it?
MR. CAUTERO: Yes. It wouldn't be abatement. I'll give you
the wording.
COMMISSIONER MAC'KIE: Tell me the word.
MR. CAUTERO: I would recommend that we assume that
they were all there prior to 1991, and I wouldn't even worry about
anecdotal levaritance. If they offer it, fine, and if the lawyers tell
me I can't do it, we'll work it out.
COMMISSIONER MAC'KIE: Then that's my motion, with the
condition that you also hire -- that you come back to the board
with a recommendation for the number of FTEs and a plan for an
office in Immokalee that would give us a time line of two years
for fifty percent compliance.
CHAIRMAN CONSTANTINE: Mr. Olliff, did you have a
comment?
MR. OLLIFF: I am encouraged that the board is supportive of
a real effort in Immokalee. I think the motion is structured to
address my concerns. I didn't want us to stand here flat-footed
and give you an FTE figure that, frankly, we hadn't put a lot of
time into determining. And I want to make sure that we go back
and do a legitimate job of determining what is the cost and what
is the impact on the budget that you just recently reviewed, but
there were some rate increases that you need to keep in mind
that were included in that budget in order to balance that budget
and I just want to make sure that you see the full picture when
we bring it back.
CHAIRMAN CONSTANTINE: Commissioner Berry.
COMMISSIONER BERRY: One of my concerns is that we
have sat up here and we have hammered this group. And we've
said we've wanted this and we've wanted that, but we haven't
stepped up to the plate and allocated the dollars. If you would
rather come back in the first meeting in August and tell us, after
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June 27, 2000
you've reviewed this, what you think is really, really realistic,
that's fine. I don't have a problem. But I think that you need to
get the direction from the board today to go ahead and do that,
make that assessment. And, at the same time, we're going to
move in this direction, with the group, we're not going to
Immokalee to hammer that community, we're going over there to
try to get them in compliance and to do the things that are
necessary and to bring them where we think -- I know that when
we went over there and reviewed some of the sites, I believe it
was a year ago, Pam, wasn't it, at this point in time --
COMMISSIONER MAC'KIE: Yes, it was.
COMMISSIONER BERRY: -- and there were some distinct
things in terms of electrical violations, there was some questions
about the units being extremely close together in case of fire.
Those were concerns that we observed. At the same time, you
have people in that community who are meeting and they are in
compliance with their particular parks. So I think we don't want
to step on them. At the same time, they are doing what they are
supposed to be doing and there are others who may not be in
compliance. And the main thing is to get them where they need
to be. And if the waiving of the impact fees, or whatever the
word is that you want to insert here, I think that's important. I
still think, perhaps, that those people need to do the permits, you
know, if they need permits, to do something in terms of their
units or whatever, I still think they need to pay that permitting
fee. I don't think that that's outrageous when you look at the
cost of them. The single was, what, 172, a double-wide is -- or
it's 212. I don't think that that is outrageous to require that, but I
think the impact fee is another matter because you are looking
at over $3, 000 in most cases, and by the time you add that, it's
getting a little pricey to get them up there. But -- because you're
not increasing the density in some cases. I mean, the impact is
already there.
MR. CAUTERO: Right. It would be--
COMMISSIONER BERRY: So you're not changing the impact
part of it, it's already there, where it stands today, but there's
something that we can do here in terms of that.
But I think you need to come back, perhaps, tell us what you
need over there at the August 1st meeting. But I think you're
getting the go-ahead from the board today. Ask. Do it.
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June 27,2000
COMMISSIONER MAC'KIE: Let me just restate my motion, to
clarify. My motion is to approve the recommendation that Vince
verbally made here a moment ago, and that is that we --
COMMISSIONER CARTER: Right here. Assume the number
of trailers approved on the SIP was placed prior to 1991.
COMMISSIONER MAC'KIE: And not waive -- what's the word
again?
MR. CAUTERO: A finding of no impact on impact --
COMMISSIONER MAC'KIE: Make a finding of no impact with
regard to the existing properties, and that we give direction to
Mr. Olliff to bring back, at the first meeting in August, an
aggressive plan for -- with a time line, for accomplishing some
meaningful abatement of the problem in Immokalee.
CHAIRMAN CONSTANTINE: Do we have a second?
COMMISSIONER CARTER: Yes. I'll second that.
CHAIRMAN CONSTANTINE: Motion and a second.
Further discussion?
Mr. Olliff, do we have a speaker?
MR. OLLIFF: You do. You have one speaker. Barbara
Cacchione.
CHAIRMAN CONSTANTINE: Welcome home.
MS. CACCHIONE: Good morning, commissioners. For the
record, my name is Barbara Cacchione representing the
Immokalee community. I'm their enterprise community
coordinator.
I want to thank you for that motion today. It is very critical
and important to the whole strategy for redevelopment in
Immokalee to address the housing conditions. Establishing an
office and appropriately staffing it is critical to the success. The
problem is large. You have the mobile home parks and you also
have the existing housing that are not mobile homes that need to
be addressed as well.
I think in terms of the impact fees and that issue, I liken it
very similarly to when you have a home in Pine Ridge and you go
in and the house is pre-existing and the impact is there and you
scrape the lot and put up a new one, I think that's what we're
looking at here.
And hopefully an overall improvement in the conditions. And
also to make the existing new housing we're building able to
stand up and continue and not have the substandard units sort of
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June 27,2000
be a market effect upon that.
And I thank you very, very much for your motion this
morning.
COMMISSIONER MAC'KIE: Barbara's comment made me
remember something that I would hope -- we were talking this
morning about trailers and the 1,200 trailers, but when we see
the time line and the plan for abatement of the housing problem
in Immokalee, that certainly includes all of the housing and not
just those 1,200 trailers we're talking about today.
CHAIRMAN CONSTANTINE: With that we'll call the question.
All those in favor please, state aye.
Anybody opposed?
(No response.)
CHAIRMAN CONSTANTINE: Motion carries 5-0.
Item #8A2
AUTHORIZATION FOR THE COUNTY ATTORNEY TO RETAIN
OUTSIDE COUNSEL TO RESEARCH THE ADVISABILITY OF FILING
A LAWSUIT IN FEDERAL COURT TO CHALLENGE
IMPLEMENTATION OF FLORIDA'S COMMUNICATIONS SERVICES
TAX SIMPLIFICATION ACT (SENATE BILL 1338) - APPROVED
8(A)(2), board authorization for the county attorney to retain
outside legal counsel.
COMMISSIONER MAC'KIE: Motion to approve.
COMMISSIONER BERRY: Second it.
CHAIRMAN CONSTANTINE: Motion and a second.
Discussion?
Public speakers on the item?
Lou, anything you need to get on the record.
MR. WALLACE: Only that --
CHAIRMAN CONSTANTINE: I'm sorry.
MR. WALLACE: For the record, Lou Wallace, director of
utility and franchise regulation.
I expected some questions today in the legal vein. Had
assistant county attorney Tom Palmer along with Allison Hift and
Luis Konski from the firm Becker & Poliakoff here to answer any
of those legal questions regarding this legislation.
CHAIRMAN CONSTANTINE: I assume each of the
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June 27,2000
commissioners has been briefed on the item in detail.
COMMISSIONER BERRY: I have.
COMMISSIONER CARTER: I have been briefed and I support
the motion.
CHAIRMAN CONSTANTINE: . With that we'll call the
question.
All those in favor, please state aye.
Anybody opposed?
(No response.)
CHAIRMAN CONSTANTINE: Motion carries 5-0.
Thank you. You've done a wonderful job this morning.
Item #8A3
REQUEST BY PLANNING SERVICES STAFF FOR THE BOARD TO
DELEGATE LIMITED TEMPORARY AUTHORITY TO THE RISK
MANAGEMENT DIRECTOR - APPROVED
8(A}(3) was a consent agenda item. It is now the planning
services, giving some limited authority to our risk management
director.
MR. REISCHL: Good morning, commissioners. Fred Reischl,
planning services.
I have the executive summary that I'll pass out to you.
MR. OLLIFF: Mr. Chairman, in a nutshell, there are some
insurance requirements in our land development codes that
relate to the filming of commercials in Collier County. During
this season when there are several candidates that are running,
some of them want to film political commercials. The current
code requires a million dollar insurance provided to the county
for this, and the board -- the board needs to waive that, and
simply because of the board's vacation schedule and the election
schedule, we're suggesting that in those cases the risk
management director be delegated some authority to determine
if there is a lower limit on insurance.
CHAIRMAN CONSTANTINE: Is there a motion from the
board?
COMMISSIONER MAC'KIE: Motion to approve.
COMMISSIONER CARTER: Second.
CHAIRMAN CONSTANTINE: Motion and a second.
Page 36
June 27~2000
Discussion?
COMMISSIONER BERRY: I don't have any problem with this,
but would you -- I'm sorry. I hate to be so dense. I'm not
understanding this. What's the problem, Fred?
MR. REISCHL: Well, this just came up Friday.
COMMISSIONER BERRY: Okay.
MR. REISCHL: Which is the reason for the short notice. A
candidate called up our department and said there's no permit
for a TV commercial, is there? And we said yes, there is. It's
free, however, there is the million dollar insurance requirement
that the board can waive. Mr. Walker discussed it with the
candidate. He said, no way does this require a million dollars'
worth of insurance. And then we figured, to make this -- instead
of just this one candidate, make it blanket, since --
MR. OLLIFF: Normally I think the code was designed for
commercial type filming operations as opposed to a candidate.
CHAIRMAN CONSTANTINE: When Hollywood shows up and
does a car ad on a slick track.
MR. REISCHL: We have about three commercials a year that
we issue permits for. I've just come into mind, Mercedes Benz
did one, catalogs do them, things like that.
COMMISSIONER BERRY: Okay. They come in and get a
permit --
MR. REISCHL: And they come up with a million dollars with
no problem at all.
CHAIRMAN CONSTANTINE: But obviously if somebody is
running for county commission they are probably not in great
danger --
MR. OLLIFF: And they want to stand in front of the
courthouse.
CHAIRMAN CONSTANTINE: -- of some sort of trouble, in
making the commercial anyway.
COMMISSIONER MAC'KIE: Yes. I want to be sure -- yeah.
The issue here is that the risk management -- what's his title
-- director will make an assessment of the risk and require a
reasonable amount of insurance for the -- MR. OLLIFF: Correct.
COMMISSIONER MAC'KIE: -- commercial filming.
MR. OLLIFF: Correct.
COMMISSIONER MAC'KIE: But not an automatic million
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June 27,2000
dollars?
MR. OLLIFF: Correct.
(Commissioner Carter leaves the room.)
COMMISSIONER MAC'KIE.' But a reasonable assessment will
be made and the insurance will be purchased? MR. OLLIFF: Absolutely.
COMMISSIONER MAC'KIE: So my motion stands.
CHAIRMAN CONSTANTINE: If the second leaves the room,
can we still move forward with that?
MR. WEIGEL: The second was previously made. You may
move forward.
CHAIRMAN CONSTANTINE: Great.
All those in favor, please state aye.
Anybody opposed?
(No response.)
CHAIRMAN CONSTANTINE: Motion carries 4-0.
Commissioner Carter has wandered off.
Item #8A4
APPROVAL OF A BUDGET AMENDMENT TRANSFERRING FUNDS
FROM 113 RESERVES FOR FIRE PLAN REVIEW- CONTINUED TO
THE AUGUST 1, 2000, MEETING. STAFF TO PREPARE SOLUTION
TO PERMITTING BACKLOG DUE TO DELAYS IN FIRE REVIEWS
8(A)(4), budget amendments, fire review.
COMMISSIONER BERRY: Yes. I brought that out.
CHAIRMAN CONSTANTINE: Commissioner Berry.
COMMISSIONER BERRY: It has come to my attention
through a number of phone calls regarding permits being held up
because of review for fire inspections. And when I read today
that they wanted to collect their 220,000, I thought we should
pull this off and have a little discussion about the timeliness of
our fire review procedure. And maybe this isn't the time to do
that, but I believe the total amount that they are being paid is
400 and some thousand dollars. And when permits are being
held up because we can't get these fire reviews, I think we've
got a problem and I think we need to re-assess the whole
situation and either--
CHAIRMAN CONSTANTINE: I agree.
Page 38
June 27,2000
COMMISSIONER BERRY: -- set a policy whereby fire reviews
or any other review, inspection, what have you, is done with X
number of days, and if they can't get it done, then we hire
someone to come in and get these done. It's going to vary, you
know. There's going to be times of the year, perhaps, that they
are not going to be, you know, be able to do them as quickly.
There are going to be other times, I would think, that it may not
be as demanding. But I'm hearing a lot of concern again about
our permitting process. And when I saw this -- but I also got
phone calls, ironically, about fire inspections. I got two of them
this week. And I have some concern about it. And I'm not real
excited about handing over $220,000 when we're not getting the
service.
CHAIRMAN CONSTANTINE: Mr. Cautero, I'm sure that at
some times of the year it's busier than others, but the numbers
we're hearing -- I assume you got the same calls I did -- is forty
days plus sometimes to turn around a fire inspection, which is
clearly unacceptable.
COMMISSIONER BERRY: Unacceptable.
CHAIRMAN CONSTANTINE: How can we best address that?
MR. CAUTERO: Vince Cautero, for the record.
That very issue is being discussed right now by not only our
staff but the fire steering committee themselves and the North
Naples Fire District, which is the administering agency for our
interlocal agreement. A task force was formed -- my
understanding, consisting of builders and the fire steering
committee members, as well as our building director, Mr. Perico,
and other interested individuals.
The problem is resources. I know the fire department is
working as best they can on it. I'm not at a point to recommend
to Mr. Oilill that we pull the interlocal agreement. We have a
forty-five day notice that we would have to give. The problem is
twofold. It's turnaround time with the plan review, which has
never been a serious problem until the last, maybe six or eight
months, and then the differences between what the fire plan
reviewer says in the office and what the fire inspector says in
the field. That's a problem we've never been able to overcome,
even with the interlocal agreement, I'm sorry to tell you. But
right now it's gone into another area, and that area is customer
service in the plan review arena.
Page 39
June 27,2000
We are working on it very closely with everybody, and it's an
item that I've told Mr. Olliff about. We're going to monitor it. And
I'm not going to be bashful about telling you that the agreement
would need to come to an end if we don't see any improvement.
The new fire code official, Mr. Riley, I believe, is committed
to fixing the problem but they have a long way to go. I'm not
here to cast blame on them. We have those backlogs and those
problems, but we have the luxury of coming to you with our
reserve funds and asking for more resources. I don't believe they
do.
COMMISSIONER MAC'KIE: You're telling me that the
problem is that the North Naples Fire Department, with the
budget the size that they have, doesn't have the money to hire
the people? I must be misunderstanding.
CHAIRMAN CONSTANTINE: Don't they have more
employees than the county does?
COMMISSIONER MAC'KIE: Well, they have more money than
the county does.
MR. CAUTERO: I don't know exactly what their policies are
in terms of where they -- how they would spend money for this
area, other than the funds that we give them. I will tell you that
the money that we budgeted to give to the fire district is
approximately $420,000. That money goes to North Naples, and
it's divvied up amongst the other fire districts. It is not just in
North Naples. They are the administering agency for plan
review. However, all of the districts, with few exceptions, have
their inspectors or they contract out for the inspectors.
CHAIRMAN CONSTANTINE: What I hear you saying is, we're
working on the problem. Can we have -- and I hear Commissioner
Berry saying, you know, we can't continue to tolerate it. Can we
have a specific solution presented to us for the next meeting?
MR. CAUTERO: Yes. I will prepare an executive summary
for the August 1st meeting and give you an update on the --
COMMISSIONER BERRY: Okay. This commissioner is
prepared to pull the plug. I thought the idea of having an
administrator over this, a fire department over this, was to better
streamline but to have a uniformity. MR. CAUTERO: Correct.
COMMISSIONER BERRY: That's not happening. That isn't
happening, because there's still -- everybody is doing their own
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June 27,2000
thing. And the bottom line is that the permits and the inspection
-- I should say -- maybe I guess it results in, permits are still
behind. And for 400 and some thousand dollars, guys, I'll go out
and get trained, because this is ridiculous. It's ridiculous.
COMMISSIONER MAC'KIE: I agree.
COMMISSIONER BERRY: There is no excuse for this kind of
thing. And everybody is on the developers' backs and they are
on everybody else's backs about all the money they are making.
At the same time, they have -- I don't care whether you're a
homeowner or you're a commercial builder or what you're doing,
you have the right to expect that Collier County is going to
perform this service and do it in a timely manner. And when
you're backlogged forty, fifty days, whatever, that's not a timely
manner. And one of the big things for Collier County is service.
And that should be one of our number one priorities. And if we
need more people or we need to re-look at this, I'm ready to look
because this -- it ain't working, Vince.
MR. CAUTERO: I understand that. And we ultimately, if you
get the complaint, Mr. Olliff has, I have -- COMMISSIONER BERRY: I'm sure.
MR. CAUTERO: And it went to the building department. And
even though it is not our function any longer --
COMMISSIONER BERRY: I know.
MR. CAUTERO: -- it is our function.
COMMISSIONER BERRY: It is.
MR. CAUTERO: Because we're responsible for issuing the
building permit.
COMMISSIONER BERRY: Because it comes back. I don't
think they're calling the fire departments, okay. They are calling
the Board of County Commissioners, they are calling you, they
are calling Mr. Olliff. And we're the ones. This is where the buck
stops, and I'm saying, no more.
COMMISSIONER CARTER: Well, I sent my calls over to the
fire chief and said, these are the people you need to talk to. Our
hands are literally tied in this process. And I also sent a
memorandum to the North Naples fire chief saying, we need to
get this thing improved.
COMMISSIONER BERRY: But the bottom line, Jim, it's our
policy. And we're going to change our policy as far as this
commissioner's concerned. We need to take another look. It's
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June 27,2000
just -- it's not right.
MR. CAUTERO: We will certainly bring back the executive
summary. But just in closing, I believe it's fixable. I think they
just need more people. The problem with the inspectors and the
plan reviewers is what started the whole issue. What brought it
over the edge was the time line in even getting the permit out.
Before you get into the field, to have the problem between the
inspectors and the plan reviewers. That problem is not as easily
fixed. It may never be fixed in Collier County because of the
nature of the way we are set up with the fire districts. What is
fixable is the turnaround time.
CHAIRMAN CONSTANTINE: Commissioner Brandt.
COMMISSIONER BRANDT: Vince, I have some questions.
MR. CAUTERO: Yes, sir.
COMMISSIONER BRANDT: As a new person up here, not
fully knowledgeable of all the issues -- MR. CAUTERO: I apologize.
COMMISSIONER BRANDT: --just identified, I have some
difficulty in understanding the complexity of all of the
organizations that are trying to work with this issue. Can you
help me better understand --
MR. CAUTERO: Certainly.
COMMISSIONER BRANDT: -. who is on first base and
whatever is responsible for the various aspects of this, because
I'm having trouble understanding that, and where the board and
its policies fit into the implementation of something. MR. CAUTERO: Certainly.
COMMISSIONER BRANDT: Can you help me with that?
MR. CAUTERO: Certainly. In the early to mid-1990s the fire
districts on various occasions had approached the county staff
and asked for a change to the way fire plan review was
conducted. And the reason that they had asked was because
Collier County, under its building department, had performed that
function, for all fire plan review, multi-family, industrial,
commercial, single family. But the independent districts in
Collier County, the fire districts, would conduct the fire
inspections.
Prior to the building department even looking at the fire plan
review, a contractor or a homeowner builder would go to the
various fire districts and submit their plans, concurrent with the
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June 27,2000
review in the building department, which was not good. When
the one stop shop was put in in the late eighties, early nineties,
that changed. Collier County did all the fire plan review. But the
inspections are still done in the field by certified licensed
inspectors who are employees of the fire districts. The problem
that was encountered by many builders and homeowners was
due to the fact that the inspectors on occasion would say
something contrary to what the fire plan reviewer said in his or
her review.
COMMISSIONER BRANDT: And this was the county person?
MR. CAUTERO: This was the county person, exactly. So,
after several unsuccessful attempts, somewhere around 1996,
'97, representatives of the CBIA, the Building Industry
Association, and the fire steering committee approached me to
work on an interlocal agreement to try to cure the problem. And,
after many months of negotiation and briefings with the board,
county manager, we brought it to the board and the board
enthusiastically approved the interlocal agreement which said,
we will give you all the money that's collected for the fire plan
review function -- at that time it was about 350,000, it's now
420,000, because of volume -- we will give you all that money and
in return you will hire a fire code official -- and it was the same
person that we had, they just changed jobs and uniforms -- and
you will provide that function for us, and the inspections would
still be status quo. We thought that that would make it better
because everybody would be working, in essence, under the
same roof.
Now, since there are so many independent districts, an
administrating agency had to be formed, and that was North
Naples. They decided on their own that they wanted to go
through North Naples.
COMMISSIONER BRANDT: Okay.
MR. CAUTERO: But the employees work for the fire steering
committee. They do not actually work for a person. The fire plan
review, or the fire code official and the assistant work for the
committee, I have been told. Administratively they report to the
assistant chief of North Naples, but they formally work for a
committee, similar to Mr. Olliff working for the board collectively.
That problem has never been cured, even though the fire
plan reviewer, which is now called the fire code official, works
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June 27,2000
for the fire district, and so do the inspectors. That problem has
never been cured. I don't know if it ever will in Collier County.
Now, you couple that with --
COMMISSIONER BRANDT: That's the part that bothers me.
MR. CAUTERO: That's part of the problem. And we have
constantly been trying to improve that and work with that, and I
don't know if we're ever going to be able to cure it, but we're
trying.
Now, the problem that you're hearing now in addition to that
is turnaround time, because of lack of resources. And the
numbers that Commissioner Constantine, I believe, was quoted
are accurate, maybe conservative, in some cases. When that
happens to us, you know, we hear about it, and then we're with
the county manager and we're with you, and you graciously
approve inspectors mid-year for us, or towards the end of the last
fiscal year -- excuse me, this fiscal year to cure the problem.
We're hoping that the fire districts will do the same thing and add
more resources to it. We have had some builders now say, we
want to go back to the old system. We'll take our chances with
the inspectors because we know we're going to get a permit in a
reasonable period of time, even though we're backlogged as
well. I hope that frames things.
COMMISSIONER BRANDT: Thank you. I have a better
understanding.
CHAIRMAN CONSTANTINE: Commissioner Berry, you want
to hold the item until we can get a review back in August?
COMMISSIONER BERRY: I would like to continue this until
you can come back the first meeting in August.
COMMISSIONER MAC'KIE: Second.
CHAIRMAN CONSTANTINE: Motion and a second to
continue the item. Any discussion? Any objection? Motion
carries 5-0. Let's take about a ten minute break. (A recess was taken.)
CHAIRMAN CONSTANTINE: We're back.
Item #8B1
REPORT ON THE RESULTS OF THE ANNUAL COUNTYWIDE
TRAFFIC SIGNAL WARRANT STUDY AND INTERSECTION
IMPROVEMENT PROGRAM - APPROVED
Page 44
June 27,2000
We'll go to 8(A)(1). That is a report to the BCC on the results
of the annual county-wide traffic signal warrant study. Mr. Kant.
MR. KANT: Good morning, commissioners. Edward Kant,
transportation services director.
We're pleased to bring you our annual report giving the
results of our annual traffic warrant analyses and our
recommendations for traffic signal installation. I would invite
your attention to the table on the first page of the executive
summary indicating that we have two relatively isolated
intersections at Santa Barbara and Coronado and Vanderbilt
Beach Road and North Point Drive. We have several others
which we feel we need to get more data on because they are iffy
however, if the final data indicates that they are appropriate for
signalization, then we have planned to add them into the
program.
We've also outlined on the second page of the executive
summary a list of eleven signals which will be included as part of
the other capital projects with which you are familiar, Airport
Road, Golden Gate Boulevard, Livingston Road and
Goodlette-Frank Road. We have also, again due to resource
constraints, both internally and with our contractors, been
unable to complete two projects that were on last year's list,
which are Vanderbilt and Wiggins Pass and Golden Gate and
Coronado. We are planning -- and I use the word advisedly -- to
complete these this fiscal year. The one at Golden Gate and
Coronado is a little interesting in that it's being -- it warranted
because not only of the traffic but because of the presence of
the fire and EMS station at that intersection. And, due to the
commercial development on the south side of the Parkway, we
are going to need some good cooperation with the owners of
those commercial plazas, to work on the parking and the access
to make sure that that signal works as efficiently as possible.
We may be back to you with a special report on that one later in
the fiscal year.
And at this point we're merely asking that you receive this
information and endorse the program we've planned for the
budget in the upcoming budget cycle.
CHAIRMAN CONSTANTINE: Questions for staff?
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June 27,2000
COMMISSIONER BERRY: Nope. Move approval.
COMMISSIONER CARTER: Second.
CHAIRMAN CONSTANTINE:
MR. OLLIFF: No, sir.
CHAIRMAN CONSTANTINE:
motion?
(No response.)
Motion carries 5-0.
MR. KANT:
Speakers?
Anybody opposed to the
Thank you, commissioners.
Item #8B2
RESOLUTION 2000-193 AUTHORIZING THE ACQUISITION BY
CONDEMNATION OF PERPETUAL, NON-EXCLUSIVE, ROAD
RIGHT-OF-WAY, UTILITY, DRAINAGE, MAINTENANCE AND
TEMPORARY CONSTRUCTION INTERESTS BY EASEMENT FOR
THE CONSTRUCTION OF THE FOUR-LANING ROADWAY
IMPROVEMENTS FOR COUNTY BARN ROAD PROJECT BETWEEN
DAVIS BOULEVARD (SR 84) AND RATTLESNAKE HAMMOCK
ROAD (CR 864) - ADOPTED
CHAIRMAN CONSTANTINE: 8(B)(2), adopt a resolution
authorizing the acquisition by condemnation of perpetual
nonexclusive road right of way for utility drainage, blah, blah,
blah, blah.
COMMISSIONER MAC'KIE: For--
MR. KANT: Et cetera. This is for --
COMMISSIONER MAC'KIE.' Motion to approve.
CHAIRMAN CONSTANTINE: We have a motion. Is there a
second?
MR. KANT: -- county --
COMMISSIONER CARTER: Second.
CHAIRMAN CONSTANTINE: Motion and a second. Thank
you, Mr. Kant.
MR. KANT: Before you act, commissioners, if I may, it is
important -- we were informed by our legal staff --
COMMISSIONER MAC'KIE: Oh, yeah.
MR. KANT: -- that we point out to you that we have
reviewed alternative locations. We've reviewed environmental
factors, cost variables, safety and welfare considerations as they
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June 27,2000
relate to the construction of this process -- project, and we are
advising you that, based on these factors and after reviewing
these factors, that the most feasible location for the project is as
we have described it on the resolution.
COMMISSIONER MAC'KIE: Well, based on that, I will make a
motion to approve.
MR. KANT: Thank you.
CHAIRMAN CONSTANTINE: We have a motion and I believe
we had a second --
COMMISSIONER CARTER: Second.
CHAIRMAN CONSTANTINE: -- also down at that end of the
dais.
Any speakers on this item?
MR. OLLIFF: No, sir.
CHAIRMAN CONSTANTINE: Any discussion on this item?
Seeing none, all those in favor of the motion, please state
aye? Anybody opposed? (No response.)
CHAIRMAN CONSTANTINE: Motion carries 5-0.
Item #8B3
REPORT ON STAFF AND CONSULTANT FINDINGS AND
RECOMMENDATIONS FOR A RIGHT TURN LANE FOR
SOUTHBOUND AIRPORT-PULLING ROAD (CR 31) AT DAVIS
BOULEVARD (SR 84) - STAFF RECOMMENDATIONS APPROVED
The former 16(B)(2) is now 8(B)(3), report on staff
consultant's findings and recommendations for a right turn lane.
MR. KANT: Thank you, commissioners.
If you will remember, at your meeting on February 8th, we
had a discussion of neighborhood traffic management issues for
the Estey Avenue and Shadowlawn Drive neighborhoods. One
the issues that arose out of that discussion was the diversion of
traffic to Airport Road and the issues with the lack of a
southbound right turn lane on -- at Airport Road at Davis
Boulevard. We were directed to go back and look at the
feasibility of constructing that turn lane and using that as a way
to help divert traffic rather than to go into a rather large and
complicated traffic calming program.
We issued a work order to one of our annual consultants,
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June 27,2000
Pitman-Hartenstein & Associates, and we provided them with the
direction of the board. And they have come up with three
alternatives. One would be an exclusive right turn lane
southbound. Another alternative would be to use dual right turn
lanes, and a third alternative would be to merely extend the
existing turn lane that goes nowhere in front of the -- it used to
be a potential access for the Salvation Army property, to turn
into Terrace Avenue.
After reviewing those alternatives, the recommendation is
for a single southbound right turn lane as opposed to dual turn
lanes or the extension into Terrace. There are some
complications with that because of the existence of the Pure
Gas Station and the Combs/Pure Oil tank farm, both of which are
owned by the Combs family. The estimated cost, without
business damages, without severance damages and assuming
that an engineering cure for the disruption to the business can
be found is about $925, 000 for that, of which 35, 000, more or
less, for engineering and about 60 to 70,000 for actual turn lane
construction and over 800,000 for property acquisition. If, of
course, there are damages incurred, then that figure would
change.
Our recommendation to you at this point is to permit us to
go forward with enough engineering to determine if we can make
a cure for whatever incursion we may make into that property
and to come back to you, if necessary, to make a
recommendation further, either to continue or to drop the project
or to see what your pleasure would be, knowing what the true
costs would be. So it's kind of an interim step, rather than giving
you the final step.
COMMISSIONER MAC'KIE: Motion to approve that
recommendation.
COMMISSIONER BERRY: Second it.
CHAIRMAN CONSTANTINE: Discussion?
COMMISSIONER BRANDT: I have a question.
CHAIRMAN CONSTANTINE: Certainly.
COMMISSIONER BRANDT: When -- when you say that you
would look at a cure for what happens as a result of putting that
turn lane in there, can you help me understand better? MR. KANT: Yes, sir.
COMMISSIONER BRANDT: That's a cure for their business?
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June 27,2000
MR. KANT: Yes, sir. I'm sorry. I'm afraid I ]argonized it
somewhat.
Whenever we impact a business, for example, using as an
example in this case the Pure Gas Station on the corner, even
though he has no gas pumps, he still has several active service
bays in the old garage. If we were to put that turn lane in and
create a situation where they could no longer safely access that
from Airport Road, we would have to look at that entire property.
They own the three lots on the corner, including the two blank
lots behind them. And possibly get access to those bays another
way. That would be a cure for the take.
COMMISSIONER BRANDT: Is that something that the county
would look at?
MR. KANT: And that's one of the things we need to look
into.
COMMISSIONER BRANDT: Have the county look at?
MR. KANT: Yes, sir. That's one of the things we need to
look into.
COMMISSIONER BRANDT: Okay. Thank you.
CHAIRMAN CONSTANTINE: Speakers on this item, Mr.
Olliff?
MR. OLLIFF: No, sir.
CHAIRMAN CONSTANTINE: Thank you.
We have a motion, we have a second. All those in favor,
please state aye. Anyone opposed? (No response.)
CHAIRMAN CONSTANTINE: Motion carries 5-0. That takes --
MR. KANT: Thank you, commissioners.
CHAIRMAN CONSTANTINE: Thank you, Mr. Kant.
Item #8C1
REPORT EVALUATING THE USE OF THE LEE COUNTY WASTE-TO-
ENERGY FACILITY - REPORT ACCEPTED; STAFF TO PRESENT
SUMMARY OF PAST ACTIVITIES AND FUTURE OPTIONS DURING
AUGUST 1~ 2000~ MEETING
8(C)(1), accept a report evaluating the use of the Lee County
waste-to-energy facility. Mr. Finn.
MR. FINN: Thank you, Mr. Chairman. Edward Finn, interim
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June 27,2000
public utilities administrator.
At the board's direction and with the assistance of the
consulting firm of Malcolm Pirnie, we're pleased to provide the
board with this preliminary evaluation of the Lee County
waste-to-energy facility alternative. In general, I am going to tell
you what the report concludes. And, if it's the board's pleasure,
we'll bring Malcolm Pirnie up here to provide you with a brief
presentation or they are available to answer questions for the
board.
CHAIRMAN CONSTANTINE: Why don't you give us a very
brief summary, but I think the Lee County commissioners, via the
newspaper anyway, plus some individual conversations I've had
with them, have made it abundantly clear they're not particularly
interested right now. So, regardless of feasibility, we may have
some limited opportunity.
COMMISSIONER MAC'KIE: Yeah. As far as I'm concerned,
good effort, nice try, but let's don't keep banging our heads
against the wall.
MR. FINN: Okay. In that case I will simply tell you what our
recommendations are and that is to accept the report and direct
staff to continue to pursue alternatives for solid waste disposal
and focus on a dialogue on some regional concept for solid
waste as part of that ongoing exploration.
CHAIRMAN CONSTANTINE: As long as we don't spend a
whole lot of money going to a county that doesn't apparently
have any interest in regional cooperation. Commissioner Berry.
COMMISSIONER BERRY: I would -- I can read the
newspapers like everybody else, and I'm hearing, you know, what
their displeasure is, apparently. Their board's going to change
up there, and I think that we should not totally discount the idea.
I still think down the road, it may be a while, but down the road I
still think that the regional concept has some merit that we
ought to at least consider before we make a final decision here
in Collier County.
CHAIRMAN CONSTANTINE: I'd like to make a suggestion
that --
COMMISSIONER BERRY: I don't want to just close the door,
Tim --
CHAIRMAN CONSTANTINE: Right.
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June 27,2000
COMMISSIONER BERRY: And say, well, okay, you guys have
said this and that's it and no more. But I do know that -- I think
that they ought to -- I think we ought to keep trying but not -- I
don't want us to waste a whole lot of energy on it, but I think we
ought to try.
COMMISSIONER MAC'KIE: How many of them are up for
re-election this time?
CHAIRMAN CONSTANTINE: You are likely to have four of
them back. Commissioner Manning is not running for re-election.
COMMISSIONER MAC'KIE: Right.
CHAIRMAN CONSTANTINE: The others that are up are in
races they will likely win. So you'll probably have four of the
same.
What I would like us to do, and we can discuss this further,
but I agree. I don't think you totally close the door. I just think
we have to be careful, not spending too much effort right now, if
there's no interest. Maybe August at our meeting we could have
a summary of everything we have done, because over the years,
and particularly with our new commissioner, over the years we
have done different studies, done different looks, come up with
different alternatives, looked at virtually every alternative
technology on the planet. We've done all those things. But we
do them a piece at a time, and we still have not set a specific
direction. So maybe in -- at the August meeting we could have a
summary of certainly in the last six or eight years all the various
things we've done, and then I think it will be fairly easy to rule
out some of the things and then rule in some others and
hopefully move forward at that point with
some general direction anyway, because we seem to be stalled
right now.
MR. FINN: Yes, sir.
COMMISSIONER CARTER: Because, in this report, you
know, the best option would have been an intercounty, solid
waste authority. However, that says it's like four counties that
would have to come to agreement on this. And I would never like
to lose sight of that possibility, but under the current make-up of
the Lee County board, and perhaps in the future it may not fly,
who knows what the next board here will think, but I would like
to keep that a long range plan.
But I agree with Commissioner Constantine. We went to get
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June 27,2000
out all of the possibilities in here, take a look at it and see what
kind of really direction that we need to take. And I know staff
has been working on some alternatives. So we don't piecemeal
it back to the public. I think we've probably confused the public
at times. They don't understand what we're doing because we've
been looking at singular issues. So let's give them the big
picture in August and then they'll know where we're trying to go.
CHAIRMAN CONSTANTINE: Do we have public speakers?
MR. OLLIFF: We do. We have one. Joerg -- and I believe it's
Wiebe.
MR. WIEBE: Good morning, Commissioners. My name is
Joerg Wiebe. I am the president of City Link 2000, a company
out of Fort Myers Beach. I am in touch with Commissioner
Constantine for about six, seven, eight months talking about
alternatives to this issue. And the only thing I would like to
propose at this point, which is very preliminary, is that we talk to
our parent company in Germany. We would like to emphasize the
idea to install a system of a new technology which is a
gasification (sic) system which produces no emissions
whatsoever, whatever you put in there, except nuclear waste,
which, of course, doesn't work. And you get out synthetic gas,
which we can utilize for energy. Our energy output is much
higher than any incineration system available right now. And I
got instruction from the German company that the German
company is willing to put the thing in, that system in, on their
own risk and own behalf, if the county would be interested in
that.
mix,
CHAIRMAN CONSTANTINE:
MR. WIEBE: Pardon?
CHAIRMAN CONSTANTINE:
MR. WIEBE: No expense to the county.
COMMISSIONER CARTER: I think we ought to put it in the
No expense to the county?
No expense to the county?
COMMISSIONER BERRY: Yep.
COMMISSIONER MAC'KIE: Be sure it's on the list in August.
MR. WIEBE: If you are interested in a full-fledged
presentation of how the thing works, what it does and what the
benefits are, I would like to present that to you in August.
COMMISSIONER MAC'KIE: I would hope --
CHAIRMAN CONSTANTINE: I like that part of it.
Page 52
June 27,2000
COMMISSIONER BERRY: As long as it offers a trip to go look
at it.
COMMISSIONER CARTER: Well, I think what would be most
important is that you make the presentation to Mr. Finn --
COMMISSIONER MAC'KIE: Thank you.
COMMISSIONER CARTER: -- and to our solid waste people
so that they have a good concept of what this is all about before
it comes to us.
MR. WIEBE: And I could even do that before I come there.
COMMISSIONER MAC'KIE: That would be important.
MR. WIEBE: Yep. Is this something we should do?
CHAIRMAN CONSTANTINE: Why don't we do that, have you
sit down with our staff in advance and then be prepared August
1st to make a presentation.
MR. OLLIFF: We'll do that. We'll have our scientists talk to
their scientists and we'll have them back on August 1st.
(Laughter.)
CHAIRMAN CONSTANTINE: Thank you.
MR. WIEBE: Thank you very much.
CHAIRMAN CONSTANTINE: So we'll just accept that report.
We don't need to do anything in particular with it, other than
accept the facts that have been presented. Thank you.
MR. FINN: Thank you.
Item #8C2
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
CONSENT ORDER REGARDING ODOR EMISSIONS - STAFF
RECOMMENDATION TO CONTRACT WITH INDEPENDENT
LANDFILL MANAGEMENT/ODOR CONTROL EXPERT APPROVED
CHAIRMAN CONSTANTINE: The next item is 8(C)(2),
approval of Florida Department of Environmental Protection
Consent Order.
MR. FINN: Staff is seeking board approval of a consent
order regarding objectionable odor abatement at the Naples
Landfill. This order is a written agreement between DEP, the
county and waste management to abate the odor problem by a
certain time, a time certain, if you will. The agreement provides
for the county and waste management to demonstrate to DEP
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June 27, 2000
that the objectionable odors have been abated by December 1.
At that time DEP will publish a notice of intent to issue an
operating permit for the landfill.
There are no fines associated with this consent order and,
based on discussions with DEP, they have told us that waste
management is taking what they consider to be all reasonable
steps to abate those odors and they are confident that, come
December 1, we will be in good shape and we will get that notice
of intent.
CHAIRMAN CONSTANTINE: So we have anybody from DEP
here today?
MR. FINN: I don't believe so.
CHAIRMAN CONSTANTINE: Apparently not. Do we have --
do we have any idea how they are measuring? Are they simply
measuring H2S gas or how are they going to quantify whether or
not odors have been abated? And I have to add onto that. I have
to amend that because even one of our own staff members will
get calls from the East Naples community and the Golden Gate
community with what is clearly an odor and will kind of poo-poo
it, no pun intended.
MR. FINN: They told us that they will know it when they
smell it, which, much like the chair, that leaves us in an
uncomfortable position. On the other hand, they did do an
inspection early in June and that inspection was very positive.
In fact, they indicated there was no noticeable odor that
concerned them. Based on that, they said, if that continues, they
expect to be able to issue the permit, and on that basis we're
prepared to move forward with this consent order.
CHAIRMAN CONSTANTINE: Obviously our goal is to have
abatement of the odor, however, will they be doing, like they did
in June, just an inspection at a particular time on a particular
day --
MR. FINN: No.
CHAIRMAN CONSTANTINE: -- and if there's no odor it's a
green light, or will there be a little more depth to it?
MR. FINN: It will actually -- they will look at our objective
data from the odor detectors we have out there, as well as doing
on-site inspection. So it will be a combination of the two. There
is also some nominal appeal that we can make in the event that
we're unhappy with their decision.
Page 54
June 27,2000
CHAIRMAN CONSTANTINE: Will we be installing any odor
detectors in the four square miles of Golden Gate where a huge
number of the complaints come from, where, to the best of my
knowledge, there haven't been odor detectors up until maybe
even now?
MR. OLLIFF: We are looking -- because there are actually
some areas on the perimeter of the landfill itself where we don't
as well have some odor detectors, so we want to install them at
least on a peripheral around on the landfill, and we will look at --
at some of those other outlying areas.
CHAIRMAN CONSTANTINE: Just call me crazy, but wouldn't
it make sense to have the odor detectors at the location the
complaints are coming from?
MR. OLLIFF: That's a good point.
COMMISSIONER MAC'KIE: We didn't do that before? I
mean, when we installed those monitors, they are not -- there are
maps that show where the complaints are most prevalent. MR. FINN: Yes, ma'am.
COMMISSIONER MAC'KIE: I bet those people might let us
put a little monitor on their property if we asked them.
MR. FINN: And we are working on that effort. The
contractor has actually indicated some willingness to help fund
some part of that effort. We're going to move forward with it.
Where the current monitors are located are in the prevailing wind
direction, and that's why they were placed where they are.
COMMISSIONER MAC'KIE: And that's good, but that surely
is incomplete.
CHAIRMAN CONSTANTINE: Just to clarify, then, DEP will
not be based solely on the H2S readings, there will be other
criteria, other data included as well?
MR. OLLIFF: And --
MR. FINN: They will be using their noses.
MR. OLLIFF: And, in fact, they -- even if the current --
COMMISSIONER CARTER: Make sure they have a cold the
day they come.
MR. OLLIFF: Even if the current work that's being done is
completed within the next thirty to sixty days, I believe they are
going to want to see how the system functions during the rainy
season. So they are going to want to see it up and running over
the couple of months during the rainy season. And so they would
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June 27,2000
probably withhold any final decision until the end of the summer.
So I think they are going to do a pretty thorough look at the odor.
COMMISSIONER MAC'KIE: I wonder if we might want to
have -- I'm just thinking out loud here, but, Commissioner
Constantine, you would probably be better attuned to this than I,
but if -- when might be the appropriate time, October or
sometime, to have a community meeting to find out from the
people who live there, do you agree? DEP tells us that, you
know, it looks like things are all okay. How has it been for you?
I mean, some way to access the community to get their input as
well.
CHAIRMAN CONSTANTINE: That's a great idea.
COMMISSIONER BERRY: How many monitors --
MR. FINN: There are currently three monitors.
COMMISSIONER BERRY: How much do they cost?
MR. FINN: They are about 9 or $10,000 apiece.
COMMISSIONER MAC'KIE: And can't we use reserves from --
solid waste reserves to buy those monitors?
MR. FINN: Yes, ma'am. If the board directs us, we will
acquire those monitors and have them installed.
CHAIRMAN CONSTANTINE: I think that's a high priority. I
mean, I think back to the situation with Lely and the wastewater
plant. It did smell, the neighborhood could smell it. We spent
millions in utility funds, not tax funds, but nonetheless customer
funds to correct that. We probably need to do the same thing
here. If it's $10,000 and we have 17 million in reserve, let's --
COMMISSIONER BERRY: I think you ought to double it. If
you've got three, I really think you need a half a dozen of them.
And I think you need to look carefully at where you're going to
place them. I don't know that we should get into the discussion
of telling you where to place them. I could tell you where I would
like to see one, but --
COMMISSIONER MAC'KIE: I've got some ideas.
COMMISSIONER BERRY: Don't snicker. I wasn't going
there.
COMMISSIONER MAC'KIE: All right.
COMMISSIONER BERRY: At any rate, but I would definitely --
I would like to see us increase that number and get those
monitors out there.
MR. FINN: Yes, ma'am. We will work on that. Part of the
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June 27,2000
recommendation is to bring in an independent consultant to deal
with what are currently secondary odor issues that will probably
become primary odor issues. Part of their initial task might well
be to help us place these additional monitors.
COMMISSIONER MAC'KIE: When are we going to hear from
those people, those consultants?
MR. FINN: We're looking for direction today to proceed with
CHAIRMAN CONSTANTINE: Hang on a second.
Commissioner Brandt.
COMMISSIONER MAC'KIE: Sorry.
COMMISSIONER BRANDT: Mr. Finn, I have a question with
regard to the portability of the various detectors. Are they of
such a nature that you have to put them in one place, leave them
there, or are they capable of being relocated over a period of
time? And part of my question has to do with a question that I
think was alluded to earlier about the prevailing winds. And do
you leave them there at all times or do you have plans to move
them and gather data from around the area?
MR. FINN: The additional monitors, we would try to put
them in a place relatively permanent in order to get a long-term
picture, if you will, of the hydrogen sulfide, or whatever odor
we're monitoring. We do have a hand-held monitor and we do
respond to specific complaints and do readings with that
hand-held when it's site specific.
CHAIRMAN CONSTANTINE: Are we still responding to
complaints, because--
MR. FINN: We respond. We're not responding on a
twenty-four hour basis any longer.
CHAIRMAN CONSTANTINE: Commissioner Carter.
COMMISSIONER CARTER: Mr. Olliff, I believe that you also
wanted to do an independent audit --
MR. OLLIFF: Oh. That's what he's talking about in terms of
having a staff review as well. We have relied, frankly, on waste
management to fix the odor problem and I think at this point the
issue has risen to a level where the county's landfill operating
permit is an issue. And I think that, frankly, from our
perspective, the consent order is a good thing because it
provides some time frames and provides some scientific, third
party assessment of when the odor is going to go away, at least
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June 27,2000
in DEP's opinion. So it allows us an opportunity to force a
schedule of those improvements being done. And I have every
reason to believe that waste management understands the
severity of this. And just to ensure that, we have sent them a
letter just indicating, you know, that it is very, very serious to us.
It is a contractual issue with us. It is a landfill operating permit
that has economic value to us. So we are pursuing it
aggressively. But I also believe we as a staff and we as a county
ought to take a third party look at not only what are the odor
containment efforts that waste management is making, but are
there other things we can do above and beyond the minimum?
And so we want to look at whether we have some odor emissions
from leachate holding ponds or from old cells, or whatever it may
be. And if there's anything else we can do in addition to meeting
the DEP minimum, let's go do that.
CHAIRMAN CONSTANTINE: We have a couple of speakers
on this item.
MR. OLLIFF: We do, and I think they are available to answer
questions if you have them. Steve Bigelow and Don Groseclose,
both representing waste management.
COMMISSIONER MAC'KIE: And I have a question for the
county manager before, if you don't mind, Mr. Chairman.
CHAIRMAN CONSTANTINE: Sure.
COMMISSIONER MAC'KIE: I would wish that we would treat
this like we did the B truck. First we find out the solution. We've
waited too long. And, with all due respect to waste
management, you know, I've listened to it now for six years, that
we're going to fix it, we're going to fix it. I'm tired of hearing it
from them. I would like for you to tell me how to fix it, and then I
will talk to them about who pays for that solution and who pays
for the study we did to find out how to solve the problem. But
we've wasted way too much time.
MR. OLLIFF: And that's just what we are recommending.
And I will tell you that there is the good news and bad news. We
talked to -- Ed Finn and I both talked to the DEP staff in Fort
Myers last week and it is correct that we asked DEP what is the
standard that we need to meet in order to have the consent order
lifted and for you to issue a notice of intent that you are going to
renew our permit. DEP indicates they can't tell us what that
standard is going to be. They know it when they smell it. So we
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June 27,2000
are sort of at the mercy of DEP and their inspectors' noses,
frankly. But the good news is that, when I asked them, you
understand what is being done at the landfill today and, in your
opinion, is that what is necessary in order for us to have the
consent order lifted and for us to have the permit renewed?
They also indicated yes, that they thought what was being done
out there was what was necessary to correct the problem.
So that's the good news and bad news of the consent order.
Actually, it's an administrative issue, the consent order signing,
and we are fortunate that DEP has not placed any financial
penalties as part of this consent order. A normal consent order
from DEP that we've seen in the past has usually got ten
thousand dollar a day fines associated with it. This has no
financial penalty, so I think that they are simply trying to put a
schedule and bring closure to the issue.
CHAIRMAN CONSTANTINE: Mr. Grose¢lose, how are you?
MR. GROSECLOSE: Mr. Chairman, doing fine. We just stand
ready for questions, if any, from the commission.
CHAIRMAN CONSTANTINE: Any questions for waste
management or are we reasonably clear at this point? Thanks for being here.
COMMISSIONER MAC'KIE: My question for staff is, have we
given you the direction that you need to go and hire the
consultant, find out what the solution is to the problem, bring
that back to us and then we'll talk about who pays for the
solution?
MR. OLLIFF: If you will make a motion to approve the staff
recommendation, I will have that direction.
COMMISSIONER MAC'KIE: So moved.
COMMISSIONER CARTER: Second.
CHAIRMAN CONSTANTINE: Motion and a second. Further
discussion? All those in favor, please state aye. Anybody
opposed? (No response.)
CHAIRMAN CONSTANTINE: Motion carries 5-0.
Thank you, Mr. Finn.
Item #8D1
AUTHORIZATION TO PURCHASE A SHERMAN TANK TO BE
DISPLAYED AS A PERMANENT MEMORIAL AT THE COLLIER
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June 27, 2000
COUNTY MUSEUM TO COMMEMORATE THE VALOR AND
SACRIFICE OF VETERANS WHO SERVED IN WORLD WAR II -
DISCUSSION CONTINUED LATER IN THE MEETING
That takes us to 8(D)(1), purchase of Sherman tank.
COMMISSIONER MAC'KIE: You know, when you run for
county commissioner, there's some things you just don't
anticipate being asked. This is not (sic) one of those things.
MR. JAMRO: Good morning, commissioners. Ron Jamro,
your museum director. And I guarantee, this is something you'll
probably never have to deal with again.
COMMISSIONER CARTER: I don't know.
MR. JAMRO: Can you see that?
Thanks to the enthusiastic support and interest of the
Friends of the Collier County Museum and the Veterans Council
of Collier County, the Collier County Museum has a rare
opportunity to acquire a genuine and genuinely impressive piece
of American history. And, principally, as a permanent memorial
at the museum to honor the valor and sacrifice of our veteran
service men and women of World War II.
The artifact at issue is a restored M-4 Sherman tank, the
most widely produced, widely used and important battle tank of
World War II, and instantly recognizable to any veteran of any
branch of the service.
Over 49, 000 of these Sherman tanks were produced by this
country, a testament to America's wartime industrial output and
our will to win, but only about 160 exist in this country today,
and they are mostly in private collections and mostly not
restored as well as this one here.
Friends of Museum are today requesting the board's
assistance in acquiring this Sherman tank for the museum, to
allow them the opportunity to raise the $48,500 needed to buy
the tank from a private collector and $4, 000 to ship it south to
Naples. The Friends have also helped raise funds they needed to
develop a fitting memorial, brass plaques and a platform for the
tank once at the museum.
The public response already has been very supportive.
We're very encouraged by that. I'll note that the Naples Junior
Women's Club has already made the first donation to the
purchase of the tank and Friends' president, Myrna Ella, who
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June 27,2000
unfortunately is on holiday, couldn't be here today, received
pledges of $1,000 yesterday, so we are on our way and we
require now your help to get things really going.
It is an exceptional opportunity. I heartily recommend it and
hope that you will see the merits of it.
CHAIRMAN CONSTANTINE: Commissioner Mac'Kie.
COMMISSIONER MAC'KIE: A couple of questions. One is, I --
where are the veterans' groups on this? With all due respect to
the outstanding veteran of the year for the State of Florida, I see
Scotty's here. Have other veterans' organizations weighed in on
this? Is this something that they would like to see?
MR. JAMRO: Yes. And I think Scotty is probably the man to
answer that for you, since he represents almost all of them, if he
may.
MR. OLLIFF: And he is your one registered speaker.
COMMISSIONER MAC'KIE: As he's answering that question,
or getting ready to speak, my other one is, is this something
where we might anticipate doing a matching or something, I
mean, where you raise part of the money -- are you going to pay
back a hundred percent of this money?
MR. JAMRO: If that's your wish, yes.
CHAIRMAN CONSTANTINE: That's a good point, because in
the last two weeks, with Marco Island and the Wilkinson house,
we said, great, here's some money, if you can raise X amount.
COMMISSIONER MAC'KIE: We'll be your last donation.
CHAIRMAN CONSTANTINE: And, to be consistent, we
probably ought to do the same thing.
COMMISSIONER MAC'KIE: Do you understand what we're
saying? We'll be your last donation of whatever amount. But I
think that that may be giving them more than they've asked for. I
think what they are asking for is loan us the money and we'll pay
it all back.
MR. OLLIFF: That's correct. And the issue here is a timing
issue simply because it is available and there are others who are
interested in this tank.
COMMISSIONER MAC'KIE: I'd love to hear how the veterans
feel about this as a World War II memorial.
CHAIRMAN CONSTANTINE: Good morning.
MR. SCOTT: Good morning. My name is Ron Scott. I'm the
president of the Collier County Veterans Council. Excuse me.
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June 27,2000
I can stand here and tell that you every veteran in the Collier
County Veterans Council approved of bringing this tank to the
museum. I can give you my personal feelings on this. My father
was in the Battle of the Bulge. Patton came in with this similar
tank and saved my father's life. I myself feel that the Veterans
Council would do everything that we can to pay back every dime
that it would cost to bring this to our county. I think it would be
a good addition, especially with what we have coming up
January through April, with all of the museum things that's going
to be going on.
I am going to go to the Veterans Council meeting, the next
one we have. I'm going to present this to the council, and we are
going to try to do any and all kind of fundraisings that we can for
this particular item.
And I thank you for having me here today. Do you have any
questions?
COMMISSIONER BERRY: Just of Ron. Where do you want to
place this tank, Ron?
MR. JAMRO: Right in front of the museum, is our plan.
COMMISSIONER BERRY: Okay. Do you have enough room?
MR. JAMRO: Oh, yes.
MR. OLLIFF: I'm not sure there are any setback
requirements that I'm aware of for a Sherman tank. (Laughter.)
MR. JAMRO: To sort of challenge those that are --
COMMISSIONER BERRY: And how do they get this tank
here?
MR. JAMRO: By truck. And they will do a reinforced
concrete sandbag platform and mount it on that. It also runs,
and there are possibilities of starting it up every now and again
in parades and what have you.
COMMISSIONER MAC'KIE-' I don't even want to think about
it.
MR. JAMRO: But the idea is it is about the best memorial
piece you can have for World War II. It really is symbolic of that
whole wartime era.
COMMISSIONER MAC'KIE: I'll tell you, my interest in it is
only if it is really, really supported by particularly World War II
veterans. I mean, because a fitting memorial to World War II
veterans would be something appropriate for the county to at
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June 27,2000
least loan money toward doing in this community when we have
the veteran population of World War II that we particularly have.
I guess my concern I need some help on is, what if we buy it and
then we can't raise the money to pay it back, then what
happens?
CHAIRMAN CONSTANTINE: Mr. Jamro, you put a down
payment on this already, didn't you?
MR. JAMRO: Yes. Friends of the Museum are sending
$5,000 to essentially hold it.
CHAIRMAN CONSTANTINE: That will hold it for how long?
MR. JAMRO: Not very long. Certainly by the --
CHAIRMAN CONSTANTINE: Six months, a year?
MR. JAMRO: No, no. Probably about, I would say, a week
and a half. There's a significant -- a large museum is right behind
us with lots of cash, and this is pretty much our only -- our only
chance.
CHAIRMAN CONSTANTINE: Is there a -- surely there is a
contract. You don't send off a $5,000 check without having
some idea exactly. Do you have something that says this will
hold it for ten days?
MR. JAMRO: This is in the mail. It's on its way from the
owner at the moment.
COMMISSIONER MAC'KIE: Have you sent them your $5,000
check yet?
MR. JAMRO: I think that's going out today.
COMMISSIONER MAC'KIE: Okay.
CHAIRMAN CONSTANTINE: So I'm assuming, if you're
sending a check, you have seen an agreement from them.
MR. JAMRO: No. This actually has been just over the
phone, you know, and E-mails, and just a lot of chutzpa and
charisma and we're holding it on this so far.
CHAIRMAN CONSTANTINE: I guess I would be a little
concerned there if we don't have any sort of obligation from
them, sending a check.
COMMISSIONER MAC'KIE: But that's the museum's
business.
COMMISSIONER CARTER: It's not us.
COMMISSIONER MAC'KIE: It's the Friends' business.
MR. OLLIFF: That was their decision to do that. And I'll tell
you, there is a history of loaning the Friends money and they
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June 27,2000
have repaid in every case, if that helps any. I know that we
funded them the money and they actually built the lecture hall
that is there and raised the money to repay the county for that.
CHAIRMAN CONSTANTINE: I guess, what's the plan? If
you're sending that out today and you don't get a full loan today
from the board --
COMMISSIONER MAC'KIE: Is that money refundable?
CHAIRMAN CONSTANTINE: Yeah. I don't understand the
you don't have any -- you don't have an idea. You're saying, "1
don't know. Maybe ten days they'll hold it. "Surely you've had
that discussion, "1 will send you this amount. Can you hold it for
a little while? Great. How long?"
MR. JAMRO: Well, I think the understanding with the owner
at the moment, actually a broker, is that Collier County is
interested. This is the money that we're pledging to show that
interest. Please send the contract. Let's look at the details. In
the meantime we will approach the county government with the
idea that maybe they could, you know, provide that window of
opportunity for us to complete the fundraising.
CHAIRMAN CONSTANTINE: I guess you still haven't
answered my question. Is that -- I mean, is that window of
opportunity ten days? Is that window of opportunity ninety days?
MR. JAMRO: Yeah. I don't have the exact day.
CHAIRMAN CONSTANTINE: You haven't had that discussion
with them? You said, "We'll send you a check to hold this."
MR. JAMRO: Right.
CHAIRMAN CONSTANTINE: It never occurred to you or to
him to say, how long are you holding it for?
MR. JAMRO: No. I didn't have that conversation, so I'm, you
know --
CHAIRMAN CONSTANTINE: You understand the point.
You're here representing --
MR. JAMRO: Yes, I do.
CHAIRMAN CONSTANTINE: -- whomever had that
conversation.
MR. JAMRO: Yeah. My thought is that by your next meeting
in August it will be too late.
CHAIRMAN CONSTANTINE: You'd--
MR. JAMRO: I will guarantee that.
CHAIRMAN CONSTANTINE: You're guessing that --
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June 27,2000
MR. JAMRO: I will guarantee that personally. That's the
best I can give you at this time.
COMMISSIONER CARTER: I guess the question is, do you
have like a ten-day period, is, I guess, is where Commissioner
Constantine is going.
CHAIRMAN CONSTANTINE: He doesn't know, or he doesn't
want to tell us. I haven't gotten a straight answer.
MR. JAMRO: No. I don't know. You know, we can get that
information --
CHAIRMAN CONSTANTINE: Who did have that conversation
with the broker?
MR. JAMRO: My assistant.
COMMISSIONER MAC'KIE: Could that person come and talk
to us?
MR. JAMRO: Sure.
MR. OLLIFF: I don't think they have anything in writing as
yet. What they are trying to get from the owner of the tank at the
moment is something in writing and I think -- and I don't believe
that the check has been sent and probably won't be until today
when they receive whatever it is that gives the terms of this
agreement with him.
CHAIRMAN CONSTANTINE: Whether it's in writing or not
though, surely whomever had that conversation has some idea.
It's not just, okay, hold it for some mysterious period of time, if
we send you a check. Surely someone has had that
conversation. And if it's not you, I'd like to talk to the person
that did.
COMMISSIONER MAC'KIE: I'm assuming Commissioner
Constantine is not asking the questions just to see if you're a
good negotiator. The question is, how long do we have? Like,
could we come up with something that says, okay, veterans,
we'll pledge $25, 000 if you'll raise $25, 000 in the next sixty
days, or whatever amount of time. We don't have any -- we can't
COMMISSIONER CARTER: But they're not even asking us to
pledge any money. What they are asking us to do is loan them
the money, and there could be stipulations on this, you know, we
need to see the contract, we need to know how much time
before a decision has to be made and a time line to pay it back.
It seems to me that's all they're asking. Will we loan the
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June 27,2000
difference between what you've already raised, is where I -- what
I think you're asking.
MR. JAMRO: Yeah. I don't think that the amount of time
that the broker is prepared to hold it is truly the issue. It is the
issue, is there a chance that the county government --
CHAIRMAN CONSTANTINE: Mr. Jamro, it's an issue to me.
MR. JAMRO: Certainly. And I see that now.
CHAIRMAN CONSTANTINE: If you can't answer that, it
makes me wonder what else you do or don't know about this. I
think it's a great concept, but it sounds like there's an awful lot
of detail work to be filled in there. So I would like whomever had
that conversation to stand at that podium and answer those
questions and maybe we can bring the item back later today.
MR. OLLIFF: We can continue this to the end of the agenda
and we'll try and get some idea of what the holding period is for
you.
MR. JAMRO: I'm sure we can do that. Thanks.
CHAIRMAN CONSTANTINE: Thank you.
COMMISSIONER MAC'KIE: Tanks to hurricanes.
Item #8F
PRESENTATION REGARDING UPDATE ON 2000 HURRICANE
SEASON - PRESENTED
CHAIRMAN CONSTANTINE: Well, now with an upbeat
report.
Mr. Storrar, presentation regarding update on the 2000
hurricane season.
MR. STORRAR: Yes, sir. For the record, Tom Storrar,
emergency services administrator.
I want to give you an update here. Bear with me just a
moment here while I get some things going.
COMMISSIONER BERRY: While he's doing that, Mr.
Chairman, I'm just looking at the time. It's 1t:20. Is it your
assumption perhaps that we will be taking a lunch break today?
And I'm only saying this for some folks that are here that have an
item on the --
CHAIRMAN CONSTANTINE: We may. What I'm going to
suggest -- I think after this item, each of the Board of County
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June 27,2000
Commissioners' items are going to be fairly rapid, and I know
there's at least one family here who probably doesn't want to
spend the day, so we'll certainly hit that item before we go, and
we'll see where we are on the others. See if we can't do that
before the lunch break.
COMMISSIONER BERRY: Okay. Thank you.
MR. STORRAR: I'd like to give you an update on the 2000
hurricane season. I've provided each one of the commissioners
with a resource book. In the front of that book are the slides
that I'm about to show you. And also in that book I have tabbed
certain items of information that might provide useful reference
in the future.
CHAIRMAN CONSTANTINE: Ms. Filson?
MR. STORRAR: First of all, the 2000 season predictions as
they stand today are twelve named storms, big hurricanes and
four major storms. I've included in your book a chart of the
Stafford Simpson scale which tells us wind velocity and storm
surge associated with those storms. I think of note in there is
that we are expecting four major storms this year. And a major
storm is a Category 3 or above, which means that you would get
anywhere from nine to twelve feet of storm surge, winds in the
area of 112 to 131 miles per hour.
COMMISSIONER MAC'KIE: Tom, when you say we're
expecting, I assume you mean coming across the Atlantic, you
don't mean --
MR. STORRAR: That is correct. Coming across the Atlantic.
That doesn't necessarily mean Florida is going to get them,
although we all know we're sticking way out there. I guess the
bottom line is it's going to be a busy hurricane season.
I've included in your packet a storm surge model. This is
not the one you have in your packet. The one you have in your
packet is much more detailed. But basically what this shows is
the amount of saltwater intrusion based on the category of the
storm. And there also on your chart it shows shelter placements
that we have in there.
Let's talk a little bit about the Big Cypress Basin. This
seems to be an item of interest because there seems to be a
perception out there that we wait until the last minute to open or
close the gates. Basically I can tell you that there's a
representative present at the EOC throughout the total period.
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June 27,2000
We base the gate openings on the amount of rain associated with
the storm, what position the tides are in, tidal rotation, things of
that nature. However, usually eighteen to twenty-four hours
prior to the arrival of hurricane force winds, those gates are open
and we start to drain those areas that the gates are containing.
Currently we have twenty-four shelters. We have 30,600
spaces. However, there's some -- when I pulled this chart
together for you, three of those shelters are in Category 2 zones,
seven of those shelters are in Category 3, five of them are in
Category 5 zones. Outside of the surge area, tidal surge area,
you have nine shelters and you have thirteen shelters to date
that have protection, and we have ongoing endeavors to harden
up the rest of those. And I've included a photograph so you can
see -- we just completed Village Oaks. What you're seeing there
is the work crews that are installing the accordion shutters, and
this is what they look like when it's done.
COMMISSIONER MAC'KIE: What is that? Is that what
protection means?
MR. STORRAR: Yes. Protection means the storm shuttering
on the exposed surfaces.
COMMISSIONER MAC'KIE: And who pays for that?
MR. STORRAR: That comes from a different -- a couple of
different sources. The particular ones out at Village Oaks is from
a local mitigation strategy grant from the state. We have had,
through the -- some developers have paid. For example, I can tell
you we've got a check from Fiddlers Creek to install protection
at Lely High School, at the shelter at Lely High School. So it
comes from different sources on that.
COMMISSIONER MAC'KIE: Great.
MR. STORRAR: Special needs shelters, Barron Collier High
School, Immokalee Health Department. We have a total number
of clients of 730 and our numbers are increasing on our special
needs clients. Public seminars --
COMMISSIONER MAC'KIE: I'm sorry. Tom, of the 730, how
much shelter space does that require? I mean, could we get all
of them in the nine protected --
MR. STORRAR: We get them all at Barron Collier High
School.
COMMISSIONER MAC'KIE: We get them all in one?
MR. STORRAR: Yes, we do. They are all housed right there
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June 27, 2000
because we do need additional medical staff to support their
needs while they are in the shelter with us.
Public seminars have been extremely busy this year. We've
done seventy-seven of them. We've done five community
emergency response team classes. That's where we go out and
assist in training the community to take care of themselves for
the first, say, twelve to twenty-four hours and assist the
emergency workers. We've done six disaster preparedness
expos. And we are ongoing, day by day we're presenting more of
those, so that number probably has already gone up into the
eighties as we speak.
Emergency publications. I had sent you a copy of an
emergency publication that we came out with brand new this
year. The All Hazards Guide, which is in the sleeve in the back of
your book, we've gotten 70,000 of those. We've already
distributed fifty thousand of them.
COMMISSIONER MAC'KIE: Where are they distributed, Tom?
MR. STORRAR: They are distributed at libraries, the EOC,
public presentations, most public gatherings that we can get out
to that will receive them, those guides are distributed in.
COMMISSIONER MAC'KIE.' So if somebody wanted one, they
could go to the library.
MR. STORRAR: Yes. Or they could go right outside in the
hallway and get one right today.
The new Hurricane Home Protection Guide, I've also
included another copy of that in your resource book so that you'll
have it there. We've got -- we just got those in. We got 3, 000 of
them this year and likewise they are distributed at the same
places. These are the sample publications of what they look
like. You've all seen those. I wanted to make you aware of the
additional publications that we have. And I could stand up here
for thirty minutes and go through all the publications, and there's
no need for me to do that. Anything that -- everything from
taking care of your dog to your boat. We have multi-language
pamphlets. There is all kinds of things that we have in there.
COMMISSIONER MAC'KIE: And again, they get that stuff
where?
MR. STORRAR: Most of that stuff is at the EOC and some of
it is at the libraries.
COMMISSIONER MAC'KIE: And I would just comment that
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June 27,2000
there's real practical tips in there. I mean -- MR. STORRAR: Yes.
COMMISSIONER MAC'KIE: -- as I was looking through my
book, I never understood how you're supposed to brace the
plywood you put over your windows, that kind of stuff. Real
practical information.
MR. STORRAR: Right. Media support. Lead PIO is Jean
Merritt. We support her staff during times of EOC activation,
obviously. We are all trying to get the information out and I do
have something new that I want to show you here in just a
moment.
Channel 54 obviously is going to do regular updates during
our activation and we still have Carl Loveday that will be using
WSGL, 104.7 as emergency broadcast, and that will be -- he will
be down in the EOC with us, and also we do blast faxing to
fifty-three separate lists. I'm sure we cover several thousand fax
machines and those machines -- we're constantly putting those
out. I named just a few of the receptors that get our information
from the blast fax.
Internet information. That seems to be the big one these
days. Our government site -- and I want to try to show you this --
through IT/emergency management working in a partnership,
we've created a separate emergency management website. And
basically what that site allows us to do is, when we have a storm
that is impending arrival in Collier we can constantly update that
site. If someone wants to check that site from anywhere, they
can go out on the Internet and they can do that. I would like to
see if I can do a demonstration here for you on that.
COMMISSIONER MAC'KIE: So you're in Iowa but you can
check on --
MR. STORRAR: Yes. Exactly.
COMMISSIONER MAC'KIE: Hum.
MR. STORRAR: This is what the site is going to look like.
When you come into the site, this is what you'll see. And I put a
test in there. And if we go to this Hurricane Zorro, what you'll
see are these buttons. For example, you want to look at shelter
information, there is your shelter information. This will be
constantly updated twenty-four hours a day while we are in the
activation mode. We have the ability from the EOC to change
this data every two minutes if we want to. If you want to look at
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advisories, this is some information that we put in yesterday.
Like I say, it is real time. It is updated. It goes updated to the
server. And if you don't do anything with your screen, if you just
leave your screen on, our server will update your screen every
five minutes automatically.
COMMISSIONER MAC'KIE: How comforting to people who
have relatives out of town who are always wanting to know --
MR. STORRAR: Right.
COMMISSIONER MAC'KIE: -- how things are.
MR. STORRAR: Yeah.
COMMISSIONER MAC'KIE: That's great.
MR. STORRAR: And some of the enhancements that we're
looking at, Number 1, is we're looking at -- we are going to put on
a frequently asked questions list so people can go to this site
and they can look at the frequently asked questions about
hurricane preparedness, what to do, how to do it. The other
thing we're looking at is transferring this data automatically over
to scroll on Channel 54 while we're activated so it will be a
seamless migration of the data from the website to the TV
station. And we're working hard on that right now.
Going back with our presentation here, we also have our
emergency management website, www. CollierEM.org. On that
website you will see -- and that's maintained by emergency
management -- you will see a feature in there called the one list.
That is free. A person can sign up for the one list and you will
get automatic updated E-mails every time a hurricane advisory
comes out. It's automatically placed in your list. You don't have
to do anything, if you want to just check your E-mail. Currently
we have 352 subscribers. And, again, that's an automatic server
that functions twenty-four hours a day, seven days a week. And
it's also in plain text so you don't have to interpret any of the
data that's on there.
The tropical watch list, E-mail list is also a part of the one
list and that gets all Atlantic advisories.
Talk a little bit about volunteers. We have phone bank
volunteers. Currently county staff has been gracious to supply
us with fifty-five volunteers that have been trained to man those
phone banks.
COMMISSIONER MAC'KIE: Excellent.
MR. STORRAR: The phone banks are operating twenty-four
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June 27,2000
hours a day while the EOC is activated, and we really appreciate
the support from staff on that. Yes, ma'am.
COMMISSIONER MAC'KIE: I'm sorry. When we have EOC
and that phone bank's in there and people are calling in
twenty-four hours a day, those people are volunteers? MR. OLLIFF: Yes, ma'am.
COMMISSIONER MAC'KIE: They are not being paid? They
are county staff and -- wow.
MR. STORRAR: Correct. And we really appreciate that
support. Tremendous support.
COMMISSIONER MAC'KIE: Wow. I just always assumed
they were all on overtime. MR. OLLIFF: No.
MR. STORRAR: Red Cross. Currently we use their shelter
management program and their trained shelter managers and
obviously they respond with humanitarian efforts during the
times of need.
Our health department has recruited between thirty and fifty
volunteers from the health care community. And basically what
they're doing is they are providing that support staff to special
needs clients while they are in the shelters. Again, a huge
commitment on the part of that. And they probably will be able
to manage on their own for at least the first seventy-two hours
after the storm.
The Salvation Army again provides the disaster feeding and
requests during that time of the EOC activation.
This is new this year, the unmet needs committee. And
basically they are out -- we have a person at the EOC who is out
recording recruiting organizations to supply unmet needs. For
example, we need some housing, they will go out and they will
try to find special housing for us from volunteer groups in the
community, and they are basically kind of plugging all the little
holes and the gaps that we have where we need some
assistance.
COMMISSIONER MAC'KIE: Do we know what the unmet
needs are?
MR. STORRAR: They are identified as we go along. I can
tell you right now we're looking at housing a special group of
folks and we have people today that are going out and looking at
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June 27,2000
the site that, if we do have an impending storm, that we will
move this one group of people to that site and they will be cared
for. And that person is supporting that whole program there.
RACES. Again, volunteers, fifty volunteers that we have for our
amateur radio operators. They provide a vital communication
link between our shelters, our EOC, Tallahassee and the
hospitals, if we have enough manpower. When the EOC is
activated we have RACES operators, ham radio operators that
are at the EOC and we have one at each shelter, so we have
communications, a back-up communications system. We know
that we have deputy sheriffs at all of those shelters with radios,
but this, again, is a redundant operation. It provides us just that
bit of edge when we need that communications link.
NOAA weather radio. That's something new that we've
started in the county. And basically what that does is it's strictly
a weather radio that provides constant weather information
twenty-four hours a day, seven days a week. But what is real
nice, a nice package for us is, if you buy the NOAA weather radio
and you get the SAME feature, that is specific area message
encoding, you will only get Collier County weather information,
severe weather information. You don't want to get Broward, you
don't want to get Dade and you don't want to get that other stuff,
if you plug the code in, you're only going to get Collier County
and we're putting our final installation in as we speak. Our final
transmitter is going in so we will have county-wide coverage.
COMMISSIONER MAC'KIE: And this is a particular machine,
it's a radio that you buy for this particular area.
COMMISSIONER BERRY: If you don't have one, you all ought
to get one.
COMMISSIONER MAC'KIE: Seriously?
MR. STORRAR: Yes.
COMMISSIONER BERRY: Absolutely.
MR. STORRAR: Two things that you want to make sure of
when you buy that radio -- and it costs you about $70. 00. All the
electronics stores have them. Number 1, make sure it does have
a battery backup, if that's a feature, and, Number 2, you want
that SAME encoding feature on that radio. Put it in your house.
When that radio goes off, pay attention to it.
COMMISSIONER BERRY: And you will hear it.
MR. STORRAR: Yes, you will.
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June 27,2000
COMMISSIONER MAC'KIE: Is this the same one that has to
do with tornadoes?
MR. STORRAR: Yes. Any severe weather warning that
comes up from the National Weather Service is going to come
across that radio.
COMMISSIONER BERRY: You can turn it -- we have one.
MR. STORRAR: Right.
COMMISSIONER BERRY: You can turn it on. You won't hear
anything, for the most part. If there is something that affects
this area, you get the alert. And, as I said, you will hear it. There
is no question.
COMMISSIONER MAC'KIE: For seventy bucks?
COMMISSIONER BERRY: And all of a sudden -- and they
start broadcasting and give you the information that deals with
this area. I think it's money well worth spending.
COMMISSIONER MAC'KIE: Well, for the daughter of a
woman who lives in a mobile home, it sounds like Mom --
COMMISSIONER BERRY: Well, this is what -- we got one.
Every -- all of our family that lives here in Collier County,
everybody's got one.
MR. STORRAR: Make great Christmas presents, by the way.
COMMISSIONER MAC'KIE: Sounds good. Too bad I didn't
know about it for Father's Day.
MR. STORRAR: And the last thing I wanted to -- I've included
a copy in your packet of Ordinance 84-37. That is the succession
ordinance. It identifies who can declare a state of emergency in
the event of a disaster here. It also -- it sets other mechanisms
in motion. Obviously, the chair, the vice chair or the county
manager, depending upon the availability of those, can declare
the local state of emergency. It has the anti-gouging component
that kicks in when that state of emergency is declared. There's
a copy in there for your review so that you can review that if you
want.
And basically that is the end of the presentation. I would be
glad to answer any questions.
CHAIRMAN CONSTANTINE: Any questions for Mr. Storrar?
Speakers?
COMMISSIONER BERRY: Well done.
MR. OLLIFF: No, sir.
COMMISSIONER MAC'KIE: I feel safer.
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June 27,2000
CHAIRMAN CONSTANTINE: Commissioner Brandt.
COMMISSIONER BRANDT: I just have a comment. This is
one of the best presentations and most thorough presentations
I've ever had the benefit of listening to. I congratulate you.
Thank you.
COMMISSIONER MAC'KIE: I agree.
MR. STORRAR: Thank you very much.
CHAIRMAN CONSTANTINE: I will tell you, in county
government we get some things right and we get some things
wrong. And, you know, you'll hear complaints about traffic or
parks or whatever. But when we have had emergencies over the
last couple of years, and you look around down at that EOC, it
gives you a tremendous boost of confidence. We've just got a
great team and I think adding Tom in down there can do nothing
but help us.
COMMISSIONER MAC'KIE: I just had a thought. Let's be
sure one of those In God We Trust plaques gets in the EOC.
MR. OLLIFF: We'll do that. We just wanted to make sure,
prior to the meat of the hurricane season, that the board got an
update and felt good about where we were in terms of our
preparedness. And Tom's been a great addition but you have to
give a lot of thanks to Ken and Gary and Jim down there in EOC
for all the work that they've done.
COMMISSIONER CARTER: Well, I'm sure on Channel 54
we're rolling programs like this on a regular basis so the
community understands how well we are prepared, the resources
we have, and that they should feel very comfortable, if they pay
attention and do what we ask them to do, they could be
relatively safe.
Item #10A
APPOINTMENT OF MEMBER TO THE LAKE TRAFFORD
RESTORATION TASK FORCE - VACANCY TO BE ADVERTISED
CHAIRMAN CONSTANTINE: That takes us to Board of
County Commissioners, 10(A). Appointment of member to the
Lake Trafford Restoration Task Force.
I have a quick question on this, and that is, Nicole Ryan will
do a fine job, but did we have a slot set aside specifically for the
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June 27,2000
Conservancy or did it just happen to be that way, because if we
did not have a slot set specifically for them, do we need to
advertise in order to be legal in this, rather than simply replace
them with the Conservancy's choice?
MR. CAUTERO: Vince Cautero, for the record.
I don't believe we did have a slot designated for the
Conservancy.
CHAIRMAN CONSTANTINE: I don't have any problem, if
Nicole Ryan applies, appointing her, but it seems to me, as we do
with each of these committees, we need to advertise that to be
legal rather than let the Conservancy pick who is going to sit in
that seat. I think we're going to get in trouble. Somebody will
complain if we don't do it that way.
MR. CAUTERO: We'll certainly get that answer for you very
quickly, before you finish this section of your agenda.
COMMISSIONER BERRY: Madam or-- Madam Chair. Mr.
Chair.
CHAIRMAN CONSTANTINE: Hi there.
COMMISSIONER BERRY: Mr. Chairman, I would move that
we would just table this item momentarily until we can get an
answer to that question.
CHAIRMAN CONSTANTINE: Fair enough. Let's go to -- who's
second for that? Any objection to that? COMMISSIONER CARTER: No.
CHAIRMAN CONSTANTINE: Seconded by--
COMMISSIONER MAC'KIE: Second.
CHAIRMAN CONSTANTINE: -- me.
COMMISSIONER MAC'KIE: Whatever.
Item #10B
REPORT ON THE COMPOSITION OF THE RURAL ASSESSMENT
OVERSIGHT COMMITTEES - PRESENTED
CHAIRMAN CONSTANTINE: 10(B), report on the composition
of the Rural Assessment Oversight Committees. Hi, Mr. Mulhere.
MR. MULHERE: Good morning. Thank you. Bob Mulhere,
planning services director.
This report was requested by the board, I think basically to
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facilitate a discussion by the board with respect to the makeup
of those two committees. I've included in your packet, I think,
most of the backup information as well as a memorandum from
our outside counsel, Nancy Linnan, of the law firm of Carlton,
Fields. I also attempted to identify the area of professional
expertise or organization represented by the individuals making
up the committees. I really didn't attempt to identify where an
individual didn't represent an organization or didn't have
experience that was germane but really should have been
classified, I think, as a citizen at large. I just wanted to let you
know, I didn't mean to confuse the board. There was no such
sort of requirement when the board created these committees.
Members were appointed on the basis of their application and on
the basis of their experience, but not to represent a particular
interest group or particular organization.
COMMISSIONER MAC'KIE: But what prompted this
discussion is, from my point, anyway, was that we needed to be
sure, as we replaced people, that we kept a balance, because we
did a pretty decent job when we, you know, appointed the first
committee of being sure there was a balance. And, as we lose
members and add members we need to be attendant to that. So
even though we are not creating categories here, it's still useful
for the board to have.
CHAIRMAN CONSTANTINE: We need to be aware.
MR. MULHERE: In fact, I think that's what Nancy Linnan's
memorandum references, and we would concur that it's going to
be very important that, when we fill vacancies, we don't detract
from or disturb the balance, that we either maintain or enhance
the balance. And one of the major areas that we're dealing with
out here really is environmental issues, natural resource issues.
And David Guggenheim has resigned from the committee, and
the board will be in the future, I suppose in your August meeting,
most likely, dealing with filling that vacancy. And we use that as
an example in the executive summary of attempting to replace --
to fill a vacancy with an individual who had like qualifications,
experience and attributes. And I think that's what Nancy also
recommended.
And, to that end, our recommendation would --
recommendation from staff would be that when we have future
vacancies that we structure the ad to attract individuals with the
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June 27,2000
qualities that we're looking to attract.
COMMISSIONER MAC'KIE: And on that point, though, that's
a real important piece to me, because we did a decent job, I
think, on the Berry committee, we did a pretty well-balanced job.
On the fringe committee, of the ten slots, six of them are
associated with the construction industry. We have a developer,
Mr. Conrecode, we have a representative of the construction
industry, we have a plumbing contractor, we have the Chamber
of Commerce, which I lump into construction, but perhaps a little
too general. And then we have two commercial lenders who
make loans to construction projects. So, of the ten seats, there
are six construction related positions, there's one environmental
position and three that I would agree are general citizens at
large, Mr. Agoston, Mr. Pelletier and Mr. Molke.
CHAIRMAN CONSTANTINE: I'll tell you, I interpret it a little
different, and there are three clearly that are CBIA, plumber,
although he is on -- he chairs our contractor licensing board and
all anyway. But, agreed, that's building industry and, probably
Conrecode as well, but financial, I thought -- I know
Commissioner Berry had brought up as we talked about this and
several topics, what are the economic impacts? What are the
economic impacts? And that was really where I looked at those
folks from the banking industry. I didn't look at them as
somebody in the building industry. I looked at them as being
able to put some dollars and cents on whatever changes we
make, how does that impact. And I certainly don't put the
Chamber of Commerce in the building industry because one of
the things they try to do is actually diversify that and the big
thing they have been pushing, of course, is eco-tourism.
But I understand your point. We want to make sure we
maintain a balance.
COMMISSIONER MAC'KIE: And I'm a little worried about the
balance. I have some familiarity with Pat Miller. He's one of the
most well known construction lenders in this community. I
mean, he -- he finances many, many, many -- and you're welcome
for this little advertisement, Pat -- but he does quite a bit of
construction lending to developers. He's known for that. I don't
happen to know the SunTrust banker, but I think Pat's certainly
associated with the construction industry in this community, I
can tell you, from my experience. So while I wouldn't suggest
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June 27,2000
that we make changes to the people who are appointed to the
committee, what I wanted to be sure, Bob, is that, as we replace
people, as they go off, that you don't assume that -- and I hope
the board will agree -- that you don't assume that, when Pat
Miller goes off, we've got to have a construction lender on the
board.
MR. MULHERE: I think we could bring back each
opportunity to appoint members, highlighting what, in the staff's
opinion, which attributes are most necessary to maintain that
balance. And certainly, of course, the decision is up to the
board. But we could certainly bring back the list of applications
and highlight those qualifications maybe a little more than -- than
we have in the past.
CHAIRMAN CONSTANTINE: I assume there's no objection
from anybody on the board in stressing the environmental
importance for --
COMMISSIONER BERRY: I think it's important. I think you
need to maintain that. I do want to mention, too, and I'm sure
we've noted this, but there's been another resignation on my
committee. Jim Rideout is not going --
MR. MULHERE: That was actually the first I heard of that,
but I was on vacation for a few days last week, so --
COMMISSIONER BERRY: I received a letter from him and we
got that letter and he's withdrawing because he's going to be --
he's got some other things that he's involved in and he feels
strongly that he doesn't want to just be a member in name only.
And I certainly concur with him, that he said, if he's going to be
on a committee, he wants to be an active participant. And he's
having to step aside because he's involved in some other things,
MR. MULHERE: Well--
COMMISSIONER BERRY: I appreciate his honesty.
MR. MULHERE: I'm sorry. I didn't mean to interrupt.
COMMISSIONER BERRY: That's okay.
MR. MULHERE: In fact the next item is an appointment of
two vacancies to the Rural Fringe -- or excuse me -- the Rural
Lands Oversight Committee. And neither of those vacancies are
the ones that were created by the resignation of Dr. Guggenheim.
That will come again later in August back to the board.
But I just -- I wanted -- I felt it important that this discussion
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precede the appointment process, and we only had two
applicants for that anyway. But not moving ahead to that item
yet, I just wanted to remind the board.
CHAIRMAN CONSTANTINE: Mr. Olliff.
MR. OLLIFF: One of the other things that I wanted to
mention, and I'm breaking a cardinal rule in not having talked to
the commissioner in advance, but the board may want to think
about as well Commissioner Berry's continued participation on
the Berry committee because, just for some continuity and
leadership's sake and, frankly, if we needed to create an at-large
position, and if we're going to start setting some appointments, I
don't know that there's actually a formal seat for her continued
participation. And I just think that, as a community we would be
well-served to have that continuity on the committee after
November.
MR. MULHERE: In fact, for the board's information, the way
the committee was structured, the board appointed
Commissioner Berry as the board representative, but she -- but
Commissioner Berry is not actually appointed or -- as part of the
resolution to the make-up. So I think Mr. Olliff's point is well
taken and certainly the committee would be well-served.
CHAIRMAN CONSTANTINE: I'll agree to that only if we can
continue to refer to it as the Berry committee.
COMMISSIONER BERRY: Oh, I'm not supposed to roll my
eyes. I just heard that the other day.
MR. OLLIFF: Well, what I've not talked to her about is
whether she's actually willing to continue to participate, and we
may want to make sure that's the case.
COMMISSIONER MAC'KIE: From Montana.
COMMISSIONER BERRY: Montana?
MR. MULHERE: And then, again, the board would have to
consider as the next item whether or not to appoint
Commissioner Berry to one of those vacancies or to direct the
staff to revise the resolution to create a new at-large or an
additional at-large.
CHAIRMAN CONSTANTINE: All great food for thought but
none of that on today's agenda.
COMMISSIONER BERRY: That's right. You all can think
about that.
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June 27,2000
Item #10C
RESOLUTION 2000-194 APPOINTING JAMES H. HOWARD AND
GRADY E. MIARS TO THE RURAL LANDS OVERSIGHT
COMMITTEE - ADOPTED
CHAIRMAN CONSTANTINE: Let's go to the next item on
today's agenda, and that is appointment of members to the Rural
Lands Oversight Committee. There are two vacancies and two
applicants.
COMMISSIONER MAC'KIE: Question. The two vacancies are
for -- who is no longer -- what was the expertise of the people
who resigned?
MS. FILSON'- Dick Bothoff resigned.
CHAIRMAN CONSTANTINE: For the record?
MS. FILSON: I'm sorry. Sue Filson from the commissioners'
office.
And Les Wilkins' seat was declared vacant.
COMMISSIONER MAC'KIE.' Okay. And, so, we basically, if
we were going to keep the balance here, we would be looking for
somebody with banking and environmental.
MR. MULHERE: Mr. Wilkins actually was, I think, an
architect.
COMMISSIONER BERRY: He's an architect.
MR. MULHERE: So he was aligned with, I think, certain
environmental groups.
COMMISSIONER MAC'KIE: Didn't we throw him off the
committee because he sued the county over --
MR. MULHERE: Correct.
COMMISSIONER MAC'KIE:
MR. MULHERE: Correct.
COMMISSIONER MAC'KIE:
-- not like the NRPA boundaries.
I think that makes him an
environmentalist, whether he does it for a living or not, you know
MR. MULHERE: I understand.
COMMISSIONER MAC'KIE: Because, again, going back to
what Ms. Linnan said, we're going to talk about what people's
expertise is rather than their particular slots. But when these
ads were run, had you gotten the direction to us to advertise for
particular areas of expertise?
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June 27,2000
MR. MULHERE: No.
COMMISSIONER MAC'KIE: Do we know what these two
people's expertise --
COMMISSIONER BERRY: Yes.
CHAIRMAN CONSTANTINE: One is a banker and one is a
project manager.
COMMISSIONER CARTER: At Bonita Bay.
MR. MULHERE: The project manager, I think, has an
undergraduate degree in environmental science.
COMMISSIONER MAC'KIE: See, it kind of sounds to me like
one's a banker and one's a developer and that that's going to be
a real change from a banker and an environmentalist who feels
so strongly about a position that he sues over it, you know.
CHAIRMAN CONSTANTINE: I guess you're getting into
politics instead of expertise here, though, because if he has an
undergraduate degree in environmental science, then he
probably has some expertise in the environment, and that's --
COMMISSIONER MAC'KIE: Tim, what I'm talk --
CHAIRMAN CONSTANTINE: That's where we want to go,
because you're talking where political feelings are as opposed to
expertise.
COMMISSIONER MAC'KIE: That's true. I'm talking about
what position is supported by an individual. In other words, this
is--
CHAIRMAN CONSTANTINE: And the whole idea is to have
people who are not pre-determined some position but to get on
here and work together.
COMMISSIONER MAC'KIE: And that's -- and you made my
point, though. If he works for a developer, how is he possibly
going to be supporting positions that are anti-development?
COMMISSIONER CARTER: Well, the question is, does Bonita
Bay own any lands in a rural area?
COMMISSIONER MAC'KIE: Yes. Absolutely.
MR. MULHERE: Well, I don't know that they -- I mean, they
own the existing golf course --
COMMISSIONER MAC'KIE: Right.
MR. MULHERE: But that would be exempt from the
assessment process. That's already existing and would be
exempt from the --I don't know if they own any additional land.
CHAIRMAN CONSTANTINE: All right. Commissioner
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June 27,2000
Mac'Kie, by that example, everybody is going to have -- when you
say, how can they possibly do it? I don't think that's a fair
assessment because I think there are people who generally have
the best interest of the community regardless of what they do for
work.
COMMISSIONER BERRY: Wait a minute.
CHAIRMAN CONSTANTINE: But, secondly, then you are
going to say that about anyone who happens to work for an
environmental organization or anything else. Well, how can they
possibly be fair and take into consideration the economic
impacts? I don't think we can try to second guess somebody. I
think we're looking for particular expertise, particular
backgrounds.
COMMISSIONER BERRY: Mr. Chairman?
CHAIRMAN CONSTANTINE: Commissioner Berry.
COMMISSIONER BERRY: When this committee was put
together, and I remember specifically with Les Wilkins, when he
was put on here -- and I believe -- I think -- I think I brought his
name forward as far as placing him on the committee -- the
reason for that at the time was that he lived in the area that was
being affected. Okay?
COMMISSIONER MAC'KIE: Good point.
COMMISSIONER BERRY: All right. That's what the
expertise -- if you want to look at expertise, that's what the
expertise was. It had nothing to do with his persuasion as to
whether he was an architect or whether he was an
environmentalist or what he was, it had to do with where he
lived.
COMMISSIONER MAC'KIE: He knew the area.
COMMISSIONER BERRY: That he knew the area. That's all.
After he was on the committee, yes, it became evident that that
was his persuasion in terms of the way he voted and, not that we
have taken, quote, that many votes, it hasn't been, but
comments that were made and so forth. Also, that was more or
less reinforced when he sued and became a participant in a suit
against the county.
But that was not his reason for being placed on the
committee. It had to do with his residence.
COMMISSIONER MAC'KIE: I think-- I'm going to make a
motion that we appoint Grady Miars and that we advertise for a
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June 27,2000
person who lives in the area to fill the other vacancy.
CHAIRMAN CONSTANTINE: Mr. Howard lives off Immokalee
Road.
COMMISSIONER MAC'KIE: That's not the area of the eastern
Collier property.
CHAIRMAN CONSTANTINE: Is there a second for that
motion?
I'm not going to support the motion because we have legally
advertised. We have asked everybody in the county who wants
to participate to participate, and we have two openings and two
applicants. They are qualified. If someone -- if others chose not
to participate, I don't think we should penalize Mr. Howard for
that. He's put his name forward. He does meet the criteria. He
does fit here. And this board over eight years I don't think has
ever insulted someone by saying, yes, you're qualified and yes,
nobody else applied, but we're kind of looking for something
different, so let's advertise all over again. We've never done that
and I don't think we should start now.
COMMISSIONER MAC'KIE: And the only reason I would
suggest it at this point is because of the direction we gave on
the item right before this, is that, as these positions come open --
and maybe we should re-advertise both seats. But what we just
told Mr. Mulhere is that, as these positions come open, please
identify for us the profession, the interest area or the sort of slot
they are going to fill on the committee. Had we done that last
week, then we would have that opportunity on this item.
CHAIRMAN CONSTANTINE: Motion dies for lack of a
second.
Commissioner Berry.
COMMISSIONER BERRY: Can I just interject kind of a
common sense problem that we're having here? Having chaired
this committee we're having a heck of a time getting a quorum
at meetings. It is extremely difficult because of the people that
are volunteering to do this, and, for them to maintain their own
businesses and families and what have you, to spend the time
that's required to do this job, we're having a whale of a time.
And currently, with these two positions and then the two more,
we've got four people that are off this committee right now. I
need -- I need people on this committee if we're going to be
looking at all these things. We had a presentation at our last
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June 27,2000
meeting that I thought was extremely important for people to
understand as we go forward. It was a matrix of evaluation
criteria.
Am I correct, Mr. Mulhere?
MR. MULHERE: That's correct.
COMMISSIONER BERRY: And we're short people.
Unfortunately, a lot of the people were not at that meeting and
it's going to be -- we're going to have to rehash some of these
things at a future meeting again. And we spent two and a half
hours that night going over this material. And when people
aren't there, we've got a problem. So --
CHAIRMAN CONSTANTINE: Commissioner Brandt.
COMMISSIONER BRANDT: Mr. Chairman, I have a concern
about people who apply for a particular position, volunteering
their time, and don't recognize the amount of time that it takes
to do the job that they are volunteering for. And I don't know
how we get that information out, but I've experienced the same
kind of thing that Commissioner Berry has just expressed at the
state level, where people volunteer -- and I've had a lot of
experience at the state level -- where people volunteer and they
really don't follow through. They don't come to meetings, they
don't come to meetings prepared, and you find that you have a
lot of difficulty accomplishing what that committee is expected
to do. How do we, here in the county, give the people some idea
of the expected time they have to participate so they don't come
back and say, well, I have this to do, I have my business to run, I
have my family to take care of, I can't be at meetings. And if
they don't come to a meeting three or four times, they get kicked
off, but that doesn't accomplish a lot if we don't have some kind
of criteria in -- up front that gives them some idea of what this
contribution means. Thank you.
COMMISSIONER CARTER: Well, I -- Commissioner Brandt, I
understand and I empathize with those concerns, but I think
that's always a problem. However, in this particular instance I
like the backgrounds of both of these gentlemen that have
applied, Number 1. Number 2, perhaps a briefing by
Commissioner Berry after the appointing as to, do you fully
realize the magnitude of what you have volunteered for? And
maybe we can flush it out real quick. If one of them has second
thoughts, that opens it up again, but at least we have filled the
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June 27,2000
positions. And I think that's the obligation of any chair to say,
you know, this is what we have to do and can you devote the
time to it?
COMMISSIONER BERRY: But Jim, I've got to get them to a
meeting so I can say it.
CHAIRMAN CONSTANTINE: The Chair will be happy to
entertain a motion.
COMMISSIONER CARTER: I move we approve the two
recommendations, the two people who have volunteered to
serve on the Rural Fringe Committee.
CHAIRMAN CONSTANTINE: There is a motion. Is there a
second?
COMMISSIONER BERRY: I'll second it.
CHAIRMAN CONSTANTINE: Motion and a second. Further
discussion?
aye.
Seeing none, all those in favor of the motion, please state
COMMISSIONER CARTER: Aye.
COMMISSIONER MAC'KIE: Aye.
CHAIRMAN CONSTANTINE: Aye.
COMMISSIONER BERRY: Aye.
CHAIRMAN CONSTANTINE: All those opposed?
COMMISSIONER MAC'KIE: Aye.
CHAIRMAN CONSTANTINE: Motion carries 4-1.
MS. FILSON: I have one question, or comment, I think.
I've
already advertised for Mr. Guggenheim's position. Is it your wish
that I re-advertise for that after coordinating with Bob Mulhere
the type of vacancy he wants me to advertise for?
COMMISSIONER BERRY: Mr. Chairman, I would move that
we try and replace Mr. Guggenheim with an --
MS. FILSON: I did get an application.
COMMISSIONER BERRY: -- individual with similar
credentials.
MS. FILSON: I did get an application from someone from the
Conservancy.
COMMISSIONER BERRY: Well, I don't know -- I don't know
that that's a requirement, but I think the credentials are what's
important. I don't know as the, quote, body is as important as
their credentials.
CHAIRMAN CONSTANTINE: There is certainly ample time to
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re-advertise and still have it to us at the August meeting, so why
don't we do that, to be safe?
COMMISSIONER BRANDT: Sounds good.
Item #13A1
RESOLUTION 2000-195, RE PETITION V-2000-10, RODNEY K. AND
DONNA R. PAVLISIN, REQUESTING A 5-FOOT VARIANCE FROM
THE REQUIRED 10-FOOT REAR YARD SETBACK FOR ACCESSORY
STRUCTURES TO 5-FEET FOR PROPERTY LOCATED AT 5970
AMBERWOOD DRIVE - ADOPTED
CHAIRMAN CONSTANTINE: Let's go to the -- if there's no
objection, can we go to the public hearing that is 13(A)(1) for the
Pavlisin family?
COMMISSIONER MAC'KIE: That's a good idea.
CHAIRMAN CONSTANTINE: Anyone who, either on staff or
from the public, who intends to participate in this Petition
V-2000-10, you need to be sworn at this time. If you would kindly
stand and raise your right hand. (Witnesses sworn.)
MR. REISCHL: Fred Reischl, planning services.
This is a request for a five-foot variance to the required
ten-foot rear yard setback in Strand PUD.
If I could have the visualizer, please?
CHAIRMAN CONSTANTINE: Do we have any public speakers
on this item?
MR. OLLIFF: You do.
CHAIRMAN CONSTANTINE: How many?
MR. OLLIFF: One.
CHAIRMAN CONSTANTINE: Is it the petitioner?
MR. OLLIFF: No, it is not.
CHAIRMAN CONSTANTINE: Okay. I didn't see anybody else
stand.
MR. OLLIFF: I didn't either.
COMMISSIONER MAC'KIE: Call the name, then, please.
MR. OLLIFF: Robert McClure.
MR. REISCHL: I don't see him here. He was here earlier.
CHAIRMAN CONSTANTINE: Hello?
MR. REISCHL: He might be in the hallway.
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June 27,2000
COMMISSIONER MAC'KIE: Because, if we call this item out
of order --
CHAIRMAN CONSTANTINE: We mentioned it once already.
COMMISSIONER MAC'KIE: Well, you did. That's true.
MR. REISCHL: And if I could have the visualizer, please.
CHAIRMAN CONSTANTINE: If Mr. McClure does not -- I don't
know if there are going to be questions on this. This seems fairly
cut and dried. Unless there's --
MR. REISCHL: Mr. McClure objected at the planning
commission.
CHAIRMAN CONSTANTINE: I understand. I was going to
say, unless he re-appears, I'm going to close the public hearing
shortly.
COMMISSIONER MAC'KIE.' I have been briefed on this and
think that it makes perfect sense for a variance that ought to be
granted.
COMMISSIONER CARTER: I likewise have been briefed by
the petitioners on this, and I'm going to -- and I can comment
further on it -- but I'm going to support it because I think they
went through a very frustrating process, tried very hard to do
everything they needed to do, and they have no objection from
the people on one side, and the other person who is objecting, I
can't really see how it impairs their view. But the only question
I'm going to have out of this for Mr. Reischl is, the Planning
Commission went 4-4 because they said, well, it shouldn't be in
front of us, it was really an argument with the developer. I don't
understand it. Didn't they have to make a decision on it,
regardless of whether it was an argument with the developer, I
mean, other than saying, we'll send it to the board? Well, if it's
an argument with the developer, then why would we be hearing
it?
CHAIRMAN CONSTANTINE: I'll tell you what. It's a
no-brainer. I'm going to close the public hearing.
COMMISSIONER MAC'KIE.' And I'm going to disclose that I
met with the petitioners.
CHAIRMAN CONSTANTINE: Any other disclosures?
COMMISSIONER BERRY: I met with the petitioners as well.
COMMISSIONER BRANDT: Did not.
COMMISSIONER CARTER: I met.
CHAIRMAN CONSTANTINE: As did I.
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June 27,2000
COMMISSIONER MAC'KIE: And I'm going to make a motion
to approve the variance.
COMMISSIONER BERRY: I'll second it.
CHAIRMAN CONSTANTINE: Motion and a second.
Discussion? Seeing none, all those in favor of the motion state
aye. Aye.
COMMISSIONER BERRY: Aye.
COMMISSIONER CARTER: Aye.
COMMISSIONER MAC'KIE: Aye.
CHAIRMAN CONSTANTINE: Motion carries 5-0. Thank you
very much. Lovely family.
COMMISSIONER BRANDT: I didn't say aye.
CHAIRMAN CONSTANTINE: Oh, I'm sorry.
All those opposed?
COMMISSIONER BRANDT: Opposed.
CHAIRMAN CONSTANTINE: Motion carries 4-1.
Congratulations. You still have a lovely family.
(Laughter.)
COMMISSIONER CARTER: They really do. If anybody that
came to me was as pleasant as this family, my job would be 110
percent easier. They really were wonderful to work with.
COMMISSIONER MAC'KIE: Ditto.
COMMISSIONER BERRY: That's the truth.
COMMISSIONER MAC'KIE: Welcome to the community.
CHAIRMAN CONSTANTINE: Let's go back and try to knock
out the remainder of the morning items before we take a lunch
break.
Item #10D
COUNTY ATTORNEY ANNUAL PERFORMANCE REVIEW - GOALS
TO BE SET BY THE BOARD IN CONJUNCTION WITH REVIEW OF
EVALUATION IN NOVEMBER
The 10(D), County Attorney annual performance review.
We have all done our written stuff, actually, months ago,
with the exception of Commissioner Brandt, although I did notice
one brief memo here today. I appreciate that, as does the
County Attorney. I don't know that we have to rehash in detail,
but I did want to give Mr. Weigel the opportunity to respond, and
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obviously any board member can comment as they see fit. Mr. Weigel, did you have anything?
MR. WEIGEL: Thank you. Well, it's been the longest year for
an evaluation in a long time, certainly, but I've appreciated
meeting with the various commissioners, reviewing their
comments, discussing them at length. I believe that the County
Attorney and the office have a pretty good understanding of the
direction that they are looking for. We're very proud of what
we've done, however, and never want to get away from that,
whether it's in the area of litigation, road acquisition, where we
have never been defeated, always been on time with the projects
that have come to us, and also responding to the public and with
a personal touch, which I myself exercise whenever possible.
I want to thank the board for the increases in staff that
they've allowed us during this current budget year, which will
allow for additional flexibility within the office, reorganization.
You will meet later today the new land use attorney, the new
eminent domain attorney and the new litigation attorney, all on
board. And I think that we'll be able to have even faster
turnaround, a reduction in the prioritization, which has been
mandated up until now, where some projects, some people are
left hanging because of the very imminent demands of other
projects, and I think that that can be reduced and will be
demonstrably shown, statistically and otherwise, in the months
ahead. So I thank you very much.
CHAIRMAN CONSTANTINE: In the reviews there were --
each of us had some specific concerns. Overall things were
reasonably good.
One of the things I had forgotten until I looked through the
contract for our attorney is his pay does not bump automatically
the way other employees do every year and it's been at least two
years --
COMMISSIONER BERRY: I think in '98, I believe.
CHAIRMAN CONSTANTINE: At least two years --
MR. WEIGEL: That's right.
CHAIRMAN CONSTANTINE: -- since we adjusted that. And I
thought it probably appropriate to make that same adjustment
we're making for other employees as we go into the new year for
Mr. Weigel as well.
COMMISSIONER MAC'KIE: You know, respectfully, I'm going
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to have to say that I think it would be disingenuous of me to say
that a raise is warranted. I am satisfied that David is ready to
make improvements in the delivery of service in the office, but
I'm not ready to provide an increase based on the performance
over the last couple of years.
I apologize to all of you that we didn't do an evaluation of
David last year when I was the chairman, and that was because
we were dealing with another evaluation that took most of our
attention. And I had hoped to get to this one as soon as we had
finished with the then county administrator.
CHAIRMAN CONSTANTINE: And an important side note
there. Contrary to what was reported in our daily newspaper,
this is not the first evaluation for Mr. Weigel.
COMMISSIONER MAC'KIE: No. This is a continuation of the
one -- you know we worked -- anyway, I won't start that.
But as much as I am willing to give our county attorney an
overall sort of C average and willing to see how these things can
be improved, I'm not ready to support a raise. I wanted to send a
message that we need to see real improvement over the next
year and do an evaluation at that time. I even had in my mind
today to talk about things like perhaps outsourcing some of our
legal services, maybe in the land use area, maybe in the
contracts area, places where we've had real problems with some
of the advice or lack of advice we've gotten. So I'm not ready to
support an increase. I would like instead to send a message,
from me anyway, that I want to see real improvement over the
next year.
COMMISSIONER CARTER: Well, I think I've sent the same
message. David and I have had several conversations about this.
I do not quarrel with his technical expertise. My issues were
with his management side of the business, and I look at what he
runs as a business. I am not satisfied. I think he needs to
become a better manager and he needs to let go and have a
better feel for this. I also think that it's my obligation as a
commissioner to help him in establishing some goals in this area.
I would like to evaluate in the future against those goals, but I
think at this point I am with the status quo on salary. I'm not
willing to reward what I consider-- good technical expertise, but
his primary job to me is to be a manager. And there I think I've
seen some shortcomings, which I have written publicly and I
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have shared with David privately, and I think he understands
where I am. So that's my position.
CHAIRMAN CONSTANTINE: Commissioner Berry.
COMMISSIONER BERRY: When -- when I spoke with David --
and he also knows what my evaluations were when I did that -- I
think one of the areas where we have probably short-changed
David is the fact that we haven't set the goals, and so he is not
really certain where he needs to be and what our expectation is.
We do on an individual case by case basis, perhaps on comments
that we would make. But I think that we have erred in not
setting some specific goals. So I think, until that time comes -- I
don't know if you want to wait the full year or if you want to set
some goals and look at perhaps a six month review and then at
that time take another look and see what you think.
COMMISSIONER CARTER: Well, I would agree,
Commissioner Berry. I think maybe by our first meeting in
November we could take a look at, you know, the goals have
been set, what kind of accomplishments have we done here? I
would rather defer the discussion on salary until that point. And
I agree with you. See, my concern has been, we had several
issues, whether it was impact fees, whether it was the noise
ordinance. As I explained to David, we really need to be -- have a
task force and you can't operate in tunnel vision. You cannot
operate just from a legal practice standpoint when you embrace
other divisions. And this is a problem that I've seen, and I think
he's ready to take corrective action on that. So I would like to
defer it until November.
COMMISSIONER BERRY: I think one of the things, too, that
-- many times we sit up here, and I think one of the big issues is
that David's here to, you know, be proactive but also to keep the
Board of County Commissioners from getting into a lot of
difficulty. And sometimes he will tell us that we can't do certain
things. At the same time that he's telling us we can't do certain
things, I'd like him to be telling us, well, you can't do it this way
but you can do it in another way.
COMMISSIONER CARTER: What are our options?
COMMISSIONER BERRY: Give us an alternative perhaps
instead of saying, well, this wouldn't be in our best interest to do
this. And -- because I respect that. He's absolutely doing his job
when he's trying to keep us out of trouble. But, at the same
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time, I would like to see -- and I guess we'll call it being a little
more proactive in telling us what we can do in certain instances.
COMMISSIONER MAC'KIE: And then just to follow on that,
because I agree a hundred percent with what you said, the other
place that David knows that I want to say publicly that I think he
needs to do a better job on and that is telling us when we can't
do something we want to do. Because we have amended
contracts after events are completed and come to find out, you
know, how absurd that was from a legal perspective. There are
other examples like that. MR. WEIGEL: Okay.
COMMISSIONER MAC'KIE: Despite the political will of the
board, there are times when you have to tell us, you just can't.
CHAIRMAN CONSTANTINE: Commissioner Brandt.
COMMISSIONER BRANDT: I don't have any background on
David, but when I had a discussion with him yesterday afternoon
late -- I come from a private sector background. And I think that
one of the things that I would expect -- and I put it out as
expectations. So I could give David some guidance anyway, from
my perspective, is that I would expect the attorney's office to
keep a finger on the pulse of what's happening, not only in other
parts of the county but within the administration of this county
itself, as a business. And so that means, in my view -- in my
mind, that he has to be aware of what the various departments
are doing. That means a close communication with the county
administrator. And, by being able to keep a finger on the pulse of
what's happening, be alert, anticipate things that could happen
and notify the board of things that we may not even be aware of
and give us a heads-up well ahead of time.
And that has to do with the last item I have here, keep us
out of trouble, communicate. But when I say keep us out of
trouble, I mean the whole county, not just the commissioners,
not just the staff, but the county as a whole. And that's a pretty
broad encompassing kind of thing that I have here in this
communique. But I don't feel that I can do an evaluation of David
and his past performances, and I don't intend to at this point.
But I do agree with some of the other comments that he
does need to have some goals, the -- and what those
expectations are from this board so he can have some guidance
as to how to perform his job.
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June 27,2000
CHAIRMAN CONSTANTINE: My suggestion might be that we
should put those goals together now. I know Commissioner
Carter has been doing that on the county administrator/county
manager side. We probably want to do the same thing here. But,
frankly, rather than do an evaluation with three out-going
commissioners in November, that's probably not appropriate,
two, three incoming commissioners. So it might be appropriate
to do that a year from now when those commissioners have had
an opportunity to spend some time with him.
COMMISSIONER MAC'KIE: Well, just a thought on that.
When I think of myself as a rookie, you don't know anything for a
year about -- you know, if we ask a new board to evaluate David
after six months of experience with them, they are going to be
saying a lot like what Mr. Brandt just said, and that is -- I wish
you guys would give an outgoing evaluation in November. I wish
you would.
COMMISSIONER BERRY: Well, we can do that.
CHAIRMAN CONSTANTINE: Yeah. I have no objection to
doing that. I just -- I hate to -- I wouldn't -- you know, I don't
anticipate making any changes in November -- COMMISSIONER MAC'KIE: Understood.
CHAIRMAN CONSTANTINE: -- with three new folks coming
on board. But, no, I don't have any objection to that, because it's
probably a good frank opportunity for the three of us --
COMMISSIONER MAC'KIE: Exactly.
CHAIRMAN CONSTANTINE: -- to be in a non-political
environment.
COMMISSIONER MAC'KIE: That's -- I don't know --
MR. WEIGEL: Okay.
COMMISSIONER MAC'KIE: -- how to direct that, but that's
what I would like to see. And then, hopefully, with some of--
some concrete evaluations that Commissioner Carter is going to
come up with, and just in the interest that maybe this transcript
will be reviewed in trying to develop those.
The other thing that I wish we could see a little more of it is
two things. One is, look at, as state law changes occur and as
even the constitutional amendments that were passed several
years ago, what legislative opportunities or challenges do those
offer to us? Are there reactions that we should make or could
make, based on -- I happened to know about the gun law one
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night. Is there something we should be doing with respect to
that, for example, bringing that to our attention.
And the other challenge, that is, as we get specific in
defining these goals, I also hope that we'll have the one that I
like best of Tom's, and that is, provide service that exceeds
expectations, some general, global, overall, we're going to be
the best county attorney's office in the count -- in the State of
Florida.
COMMISSIONER CARTER: See, you've got two issues here
with the county attorney. You've got technical skills that you
evaluate and then you've got, in my judgment -- and correct me if
I'm wrong -- you've got management skills. Now, we did a list of
management abilities and we rank ordered those for the county
administrator. If I circulate those again, if you want to take the
top ten so that David has some feel for, what do we mean by
communications? What do we mean by leadership? So that he
can -- we can develop some goals for him so that, from the
management side, he's got a better perspective of where he
wants to go. The technical side, you almost have to look and
defer and say, "All right, David, you got to help me a little bit
here. How do we measure your technical skills?"
COMMISSIONER BRANDT: If I may?
CHAIRMAN CONSTANTINE: Certainly.
COMMISSIONER BRANDT: Commissioner Carter, I totally
support what you just said. There is a difference between
leadership and management. And I'm not sure a lot of people
understand that. And I don't -- I don't know -- I don't think you
can go to school and get a four-year degree and come out and
say I'm a leader. I think a leader has to have some vision of
where we're trying to go and then what it takes to get there. And
unless that leader has an ability to communicate what that goal
is and get the people who are responsible to help make that goal
happen on board and understand the achievability of that goal, it
will never happen. And so leadership is a quite different than
just management.
CHAIRMAN CONSTANTINE: Why don't we task
Commissioner Carter with putting together, as you just said, a
similar thing to what we did in the manager's slot and assemble
that and we'll plan on doing an outgoing review in November, and
then you can have a full formal review again next summer.
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MR. WEIGEL'- Okay.
COMMISSIONER MAC'KIE: The last suggestion is, having
recently listened to the law dictation tapes, there is a section on
local government law at the Florida Bar that I would expect
would be a good source for some of this information. I'd
volunteer to try to collect some of that and provide it to you,
Commissioner Carter, if that would be helpful.
COMMISSIONER CARTER: Good. Yes, ma'am.
CHAIRMAN CONSTANTINE: Thank you.
Item #10E
RESOLUTION 2000-196 REQUESTING FDOT TO REMOVE,
REPLACE AND/OR INSTALL HIGHWAY DIRECTIONAL SIGNS FOR
INTERNATIONAL COLLEGE AT VARIOUS INTERSECTIONS
THROUGHOUT COLLIER COUNTY - ADOPTED
Next item is 10(E), resolution requesting FDOT to remove,
replace or install highway directional signs.
Commissioner Berry, do you have a motion?
COMMISSIONER BERRY: I have a motion of acceptance of
this resolution --
COMMISSIONER MAC'KIE: Second.
COMMISSIONER BERRY: --to be passed along to FDOT.
CHAIRMAN CONSTANTINE: Motion and a second. Any
discussion?
Any public speakers, Mr. Olliff?
MR. OLLIFF: No, sir.
CHAIRMAN CONSTANTINE: Seeing none, all those in favor
of the motion, please state aye.
Anybody opposed?
(No response.)
CHAIRMAN CONSTANTINE: Motion carries 5-0.
Item #1 OF
DISCUSSION/ACTION REGARDING POTENTIAL LAND SWAP -
STAFF TO PURSUE OPTIONS AND REPORT BACK AT THE
SECOND MEETING IN SEPTEMBER
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That takes us to 10(F), discussion and action regarding
potential land swap. Each of you now has in front of you a
nonbinding letter of intent.
COMMISSIONER MAC'KIE: Without a map.
CHAIRMAN CONSTANTINE: I'm sorry. It's in this package
here.
Mr. Barnard may want to come to the podium and do the
presentation on this. I was approached with this idea, oh, I don't
know, a month or so ago, and it actually appears to have some
merit to it. And I think the idea of the nonbinding letter is to
allow some folks to explore it before we some back and make
any formal commitment.
But, Tom, if you wanted to explain it, you can do it much
better than I, I'm sure.
MR. BARNARD: Very briefly.
For the record, my name is Tom Barnard, the author of the
proposal that's in front of you.
It basically has an opportunity or presents an opportunity at
the county to accomplish something which has been a long-term
goal of various boards in the past, and that is to provide a golf
course for the residents of Collier County. As you know, the way
that the golf business goes, it gets more and more expensive,
and it's basically getting to the point where the public golf may
be priced out of the range of your typical Collier County resident.
It gives you an opportunity to do that acquisition without a major
expenditure of capital by using some land as exchange for part
of the purchase price.
The land in question is the Section 25 ownership of the
county immediately to the north of the current landfill location,
which I believe has been placed as surplus property on your
designation. Not to say that it may not have some, some -- based
on what we've heard this morning, some continuing concerns.
But the reason that we've structured this as a nonbinding letter
of intent is just to see if there is sufficient interest on the part of
the board in accomplishing, Number 1, ownership of a golf
course by the county, number 2, using land, surplus land, as a
part of the acquisition price, understanding that it may include
part of or all of the 300 acres. It doesn't necessarily have to
include it all.
There are several options and we recognize that this is not
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something that we can place in front of you and have you make a
decision on today, whether or not you are going to take this land
and exchange it for -- in part for a golf course.
So we've structured it as something for you to say yeah,
there's some merit, we would like to look at it, we think we
ought to study it more and let's get together and discuss it with
staff or with the legal section and see if there's a way that this
can be done in such a manner that we can make it work.
It also has some peripheral benefits, we think, to the county,
providing some roadways to parts of the county that are
currently not accessible, some access easements to 951, which
the transportation department has indicated an interest -- it
would provide for the land being used as a rock and earth mining
operation, which would have access to the roads only through
the landfill road, which picks it out of the realm of having to go
through neighborhoods and housing areas to get the trucks out
of the area to the main roads.
COMMISSIONER MAC'KIE: Commissioner Berry~ I hate to
sound -- I feel like you felt before when you said I hate to be
dense, but I'm not getting this. Basically there's a golf course
named Arrowhead.
COMMISSIONER BERRY: It's right up off Immokalee Road.
COMMISSIONER MAC'KIE: And I know where that is. It's
part of Heritage Greens.
COMMISSIONER BERRY: It is.
COMMISSIONER MAC'KIE: And then there is the property
currently designated excess or surplus property around the
landfill. And is that this piece here?
COMMISSIONER BERRY: That's the part -- we've talked
about this parcel of land forever, what to do with it, should it
stay, should it go.
COMMISSIONER MAC'KIE: I understand.
COMMISSIONER BERRY: Was the Sheriff's department going
to make a --
COMMISSIONER MAC'KIE.' What is this Exhibit C?
MR. BARNARD: Exhibit C basically identifies some
roadways which the company would build for access to various
areas of the eastern Golden Gate or southern Golden Gate area.
COMMISSIONER MAC'KIE: So -- but --
CHAIRMAN CONSTANTINE: The appeal of that is, if you
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happen to live in northern Golden Gate Estates east, you used to
be able to get on what is now 1-75 and go either way. Right now,
if you want to get on 1-75 and head to the east, it's a thirty
minute drive to come in and around --
COMMISSIONER BERRY: And come back.
CHAIRMAN CONSTANTINE: --just to get on the interstate.
This provides some opportunities for those estates folks to get in
and out of the estates in a much more convenient manner
without upsetting any existing neighborhoods.
COMMISSIONER MAC'KIE: I don't have any idea if that's a
good idea or a bad idea and how that might affect the restoration
of southern Golden Gate Estates.
CHAIRMAN CONSTANTINE: It won't at all. It's -- everything
there is north of the interstate. And I understand and I know,
particularly with the landfill property, your immediate reaction
is--
COMMISSIONER MAC'KIE: Ah.
CHAIRMAN CONSTANTINE: This has a number of
components to it that are too complex to get in in ten minutes'
time, transportation being one of them, public golf issue being
one, surplus property being one. What's being asked for here is
the opportunity to go forward, explore all those with our staff and
to find, okay, is it going to impact southern blocks or is it going
to do these various things rather than throw it out on its face.
And I would just ask that we do that. There's no commitment
here, but it lets us go ahead and actually make an informed
decision instead of saying a no on fears of what might be.
COMMISSIONER MAC'KIE: I'm interested in an exchange or
in some transaction that results in the county having a public
golf course without expense to the county, if it can support
itself, et cetera, all those things. I'm hesitant to sign even a
nonbinding letter of intent. I would rather give direction to staff
to explore this fully, bring it back to us in an executive summary
and tell us what the options are.
COMMISSIONER BRANDT: Yes.
COMMISSIONER
COMMISSIONER
COMMISSIONER
COMMISSIONER
COMMISSIONER
MAC'KIE: I'd make that motion.
BRANDT: Second.
BERRY: And I'll second it -- well, go ahead.
BRANDT: That's all right.
BERRY: I don't have any desire to sign a
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nonbinding letter of intent.
CHAIRMAN CONSTANTINE: And I think we can achieve
what's listed here without--
COMMISSIONER BERRY: I think so, but I -- Tim, I will tell
you right now, I have a ton of questions in regard to a public golf
course in Collier County. I know it works in other counties. I
would like to know the difference in land values in those other
counties as opposed to Collier County. I grew up in the Midwest.
There were certain people that got to play golf and there were
certain people that didn't play golf because, unless you belonged
to a country club, you didn't play golf. Now, I did not --
COMMISSIONER MAC'KIE: Count --
COMMISSIONER BERRY: I did not feel, as a resident in that
county, that the county owed me the opportunity to be able to
play golf, that they should go out and build me a golf course so I
could play too. That's just my feeling. But I know times have
changed, you know. Maybe it's different.
CHAIRMAN CONSTANTINE: I'll tell you that --
COMMISSIONER BERRY: You know.
CHAIRMAN CONSTANTINE: -- there are two thoughts there,
one is, there are people, there are any number of residents who
come here from elsewhere or have grown up here that the
opportunity isn't there, particularly in season. And I think that's
the difference, is, in this time of year, you can go play.
COMMISSIONER BERRY: Well, Tim, you know, there's a lot
of things we can't do during the season that maybe we can do in
the off season, you know.
CHAIRMAN CONSTANTINE: If I can finish my thought --
COMMISSIONER BERRY: Go ahead. I'm sorry.
CHAIRMAN CONSTANTINE: But there is an opportunity
here, and Mr. Olliff is probably as well informed as anybody
because he's done the backup on the feasibility of this in the
past, there is an opportunity to do this and not cost a penny. We
do any number of things with tennis and with all kinds of other
sports that don't pay for themselves, and if we have an
opportunity to do this and it can pay for itself, we probably ought
to explore that. We want to make sure we have accurate
numbers, but if it can pay for itself, there's no downside.
The other part of that is, golf's a unique sport. There are a
handful of sports that do this more than others. Hopefully
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sportsmanship's alive and well in all sports, but in -- in golf there
are particular things with etiquette and so on that then spread on
to all facets of life. And with Tiger Woods and some of the other
role models, if you will, today, there are more kids interested in
golf probably than ever before. And that's one of the aspects of a
public course we could make available is getting kids into that
type program.
But I think, if it can pay for itself, it answers all those
questions, regardless of whether it's kids or adults. And I know
Mr. Olliff had done that probably two years ago, and we needed
to have that updated, and if we had some specific questions. All
I'm asking is, let's look at this, see if there's feasibility, see what
the impacts are. There may be a good opportunity here. If not,
we'll back off it. But let's at --
COMMISSIONER MAC'KIE: Look at all --
CHAIRMAN CONSTANTINE: -- least explore it.
COMMISSIONER MAC'KIE; Look at all the parts.
CHAIRMAN CONSTANTINE: Yep.
COMMISSIONER MAC'KIE: The parts would be public golf
course, whether or not this land should be in the surplus.
CHAIRMAN CONSTANTINE: Environmental issues.
COMMISSIONER MAC'KIE: Environmental issues associated
with road building. Don't just look at public golf.
CHAIRMAN CONSTANTINE: Absolutely.
COMMISSIONER BERRY: I would like to --
COMMISSIONER CARTER: Also waste management, you
know, waste energy issues. I, for one, am not going to let go of
one acre of what we own until we resolve that issue.
COMMISSIONER BERRY: Right.
COMMISSIONER BRANDT: I agree with that.
COMMISSIONER CARTER: I have no problem in looking at
this thing. I have asked many times, tell me if a public golf
course will pay. I have had people in my office, yes, sir, that will
pay and I'll get you the numbers. They have never been back.
CHAIRMAN CONSTANTINE: Tom Olliff has actually shown
me numbers.
Commissioner Brandt.
COMMISSIONER BRANDT: With regard to a public golf
course, I came from an area where we had a public golf course. I
thoroughly agree with the need to have a place for young
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June 27,2000
children who have aspirations to greater things with regard to
the sport. And I totally endorse that. I used to be a golfer. I'm a
duffer -- am not even a duffer any more. Terrible. And -- but the
public golf course that I had available to me was always so darn
crowded, we all had trouble getting on the course. So if you -- if
you're looking at it from the simple perspective of people in the
community, in the county, being able to have access to a public
golf course, you can bet that there is going to be a lineup and
there are going to be a lot of complaints about people not being
able to get on this public golf course, just like it was from the
area that I came from. So that problem won't be solved.
CHAIRMAN CONSTANTINE: I would hope that demand is a
good thing.
COMMISSIONER BRANDT: Well, the demand is a good thing.
But not everybody is going to be satisfied with a single county
public golf course.
CHAIRMAN CONSTANTINE: Commissioner Berry.
COMMISSIONER BERRY: I would hope, Mr. Olliff, that when
you get new numbers, that you would talk to people who are in
the business and have developed golf courses in Collier County
and get all of the current information. Because, if this becomes
a public golf course, the expectation in Collier County is that it
will be maintained like one of the private clubs. That will be the
expectation, because they will feel discriminated against if that
club is not maintained or that public course is not maintained
like one of the private courses. And you can expect your phone
to start ringing incessantly about how it's being kept. And no
matter -- mind you, that the number of people are lined up, as Mr.
Brandt explains, and that also relates to how well a golf course
is taken care of. There's times when you've got to let that
course rest. Well, if you have a public course, that's going to be
difficult, so --
COMMISSIONER BRANDT: And the one I came from was
listed Number 27 of the hundred top public courses available in
this country. So it's the very point you just made.
CHAIRMAN CONSTANTINE: I grew up on one of those as
well, about three blocks from my house, so --
COMMISSIONER MAC'KIE: Mine's more like Commissioner
Berry's. I don't think I even knew anybody that played golf as a
child, much less like--
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June 27,2000
COMMISSIONER BERRY: There were a few. I mean, it is --
COMMISSIONER MAC'KIE: I don't know. If they did they
weren't in my neighborhood.
CHAIRMAN CONSTANTINE: I assume then that we have no
objection to letting staff explore -- I understand the concern
about signing anything in particular, but moving ahead with the
general content of this and letting them explore all facets.
COMMISSIONER BERRY: What's the time frame?
CHAIRMAN CONSTANTINE: What's a reasonable time frame,
Mr. Olliff?
COMMISSIONER CARTER: Six months.
MR. OI. LIFF: I think you've loaded up your meeting in August
and I'd be real hesitant to tell you I could get it done by August
anyway, so--
CHAIRMAN CONSTANTINE: September?
MR. OI. LIFF: Yeah. I would say we're looking at probably
September and probably the second meeting in September, if I
had to guess. And I don't expect that we're going to hire the
National Golf Foundation to go out and actually do a feasibility
study or anything. We're going to do an in-house look at what
we've got available to us. If the board, then, when we bring it
back, wants to take the next step of actually hiring a consultant
to come in and do, you know, an analysis of the number of greens
fees and number of rounds and those kind of things, we can do
that as a next step.
COMMISSIONER BERRY: And don't forget, as I said, you
have to have people in the community who have done this and
don't -- I certainly wouldn't hesitate to ask for their experience
and expertise in that area. MR. OLLIFF: Fine.
COMMISSIONER MAC'KIE: And I think you've heard from
Commissioner Carter, I want to be sure you hear it from me, that
not one acre am I going to vote to give away or trade until we
know what our alternatives are for landfill.
CHAIRMAN CONSTANTINE: And, in that direction, August
3rd.
COMMISSIONER BRANDT: And I'm in that camp.
COMMISSIONER BERRY: As well.
CHAIRMAN CONSTANTINE: I'm glad this doesn't happen
until after August 3rd, then.
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Item #10G
DISCUSSION REGARDING WEEKLY BOARD MEETINGS -
DISCUSSED
10 (G), discussion regarding weekly Board of County
Commissioner meetings. I brought this item up probably three or
four months ago. I had some concerns or some pros or some
cons to doing what we're doing. But I'll tell you, between
Commissioner Carter's medical situation and getting a new
District One commissioner and so on, we haven't had a full slate
here to have this discussion for the last couple of months.
I wanted to be sure and get it in. We're going to have our
summer recess. It allows the staff to go do what they do for
budget purposes. But when we return, I wanted to get a feel
from both Commission and from Mr. Olliff what the thoughts are
on doing a weekly meeting. Whether that works better, whether
it makes any difference, whether it works worse.
And, Mr. Olliff, maybe you're the best place to start on that.
MR. OLLIFF: I did a little research. And I'll tell you, so I
don't bury the lead on this story here. I'm trying to -- my
recommendation would be that we leave the meetings the way
that they are -- the biweekly meetings -- for a number of reasons.
The one -- the foremost is, I guess, just the amount of staff
time that's required in order to be able to put together a meeting
agenda, put together the executive summaries, review those
executive summaries, run them through the budget office. It's
significant. And we put together a brief summary and we looked
at just a quarter of information -- January through March -- when
we had weekly meetings versus when we've gone to the every
other week meeting schedule. Generally speaking, one of the
concerns has always been that there's not enough opportunity
for public comment.
Paget04
June 27,2000
I think if you look under the public comment section there
were eight registered public comment speakers in that first
quarter of '98 when we had weekly meetings and it reduced
down to six in 1999. So I don't think you'd say that there is a
significant impact on the amount of public comment.
I think if you look at the people who are registered -- and
there is -- you know, not to say anything about the people who
are registered, but generally speaking it is the same people who
are here when we met weekly versus when we're here biweekly.
COMMISSIONER MAC'KIE: That's a more important point
because, frankly, the number -- the question here is: Do people
have the opportunity to present their concerns before the Board
in a timely manner?
MR. OLLIFF: Right. And there is -- just the amount of staff
and the cost of your staff who attend these meetings -- and I will
show you in terms of both preparation and attendance of the
meetings. The difference over that one annualized -- if we
straight-lined that one quarter was about $63, 000 a year in
terms of additional staff time and cost. And you will notice that
doesn't include the County Attorney, any of the Board's office
time, the Clerk of Court staff, or any departmental staff, with the
exception of Community Development.
CHAIRMAN CONSTANTINE: So obviously it could be as
much as 100,000 bucks, which isn't a savings if we're being less
efficient, but if we can do as good a job and save $100,000.
MR. OLLIFF: In that same quarter between '98 and '99 the
Board and your staff spent 72 hours in meetings versus 21 hours
in meetings. So there is just a significant amount of time
associated with sitting in meetings.
And, yet, when I looked at when the actual meetings
adjourned, when we met every week the meetings adjourned at
3:00 and when we went to biweekly they adjourned at 4:30 on
average. So, I mean, the meetings have not gotten significantly
longer as a result. I think you're simply getting the same amount
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June 27, 2000
of work done in less time.
The last thing I'd propose to you is that the biweekly
schedule does provide an opportunity for us -- and one of the
things that I'm going to recommend for future Boards, especially
after the election in 2001, is that we focus a little more on some
of those policy issues and have some workshop-type
opportunities.
And it gives us an off week opportunity to be able to have
some single issue type workshops, whether it be, as we've talked
before, about economic development-type issues or whether it
be water resource issues. Those are two of the immediate
workshops that we are already working on for that first quarter
in 2001.
So I think from our perspective the biweekly schedule is not
only more efficient, less expensive, but it offers us some
opportunities to actually have the Board focus on some policy
issues.
CHAIRMAN CONSTANTINE: Commissioner Carter.
COMMISSIONER CARTER: Mr. Olliff, you said everything that
I was going to say. It's not -- if you go to -- go beyond what we're
doing, it's not time efficient, it's not cost effective, it ties up too
much staff, and you can -- you can focus on single issues in
workshop and get everything done. I think we ought to stay right
where we are and use workshops in the future to augment
anything that we need to do.
CHAIRMAN CONSTANTINE: Commissioner Mac'Kie.
COMMISSIONER MAC'KIE: Maybe I'm saying the same thing
in a different way. Because I think that we ought to have regular
business meetings biweekly, but that we ought to have standing
meetings every Tuesday and maybe they're two hours on some
Tuesdays. But I've been on the Board for six years and there are
a lot of issues that I would like to get educated about more
thoroughly so that I can make well thought-out policy decisions.
And as we get three new members on the Board, I hope that
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June 27,2000
we will go to a weekly meeting schedule with every other week
being regular business and the off weeks being real policy
discussion, real policy workshops.
COMMISSIONER BERRY: Is it policy or philosophy, Pam?
COMMISSIONER MAC'KIE: I want philosophy. I want to be
educated so that I can make an informed recommendation on
policy.
COMMISSIONER CARTER: I am not sure that it has to be
regimented on that basis. I am going to opt to look at -- my
feeling is you do it as needed for these workshops. And if it took
two outside in a given month, I would do it. But I don't want to
be regimented because I've always found if you call a meeting,
I'll guarantee to you the materials will fill the time.
CHAIRMAN CONSTANTINE: I will tell you over the eight
years we've had some workshops that have been extremely
helpful and extremely workable, but we got on a calendar one
year where we had workshops on particular dates and we were
looking for things to fill those calendars.
COMMISSIONER MAC'KIE: That's true.
CHAIRMAN CONSTANTINE: And that's not helpful to
anybody.
COMMISSIONER MAC'KIE: You're right about that. That's
true. I guess what I want to say is that I am willing and even
anxious to meet on a weekly basis, but keeping it regular
business every other week.
MR. OLLIFF: I don't want to waste your time. And I'm not
sure that I can sit here flat-footed and tell you there's 26
different workshop issues that we need to talk about over the
course of next year.
CHAIRMAN CONSTANTINE: I just want to make sure that if
-- there have been some concerns expressed from the public.
There have been a couple of items this year that have been
awkward at the very least because there was a two-week wait in
between.
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June 27,2000
MR. OLLIFF: I agree.
CHAIRMAN CONSTANTINE: That's my primary worry is
making sure we're doing it as efficiently as we possible can. If
you tell us we cannot, I'm willing to continue that. But on those
particular ones we may want to go back and look at those and is
there a more efficient way to handle those when those strange
things come up.
CHAIRMAN CONSTANTINE: Commissioner Brandt, anything?
COMMISSIONER BRANDT: No.
CHAIRMAN CONSTANTINE: Commissioner Berry, anything
else?
COMMISSIONER BERRY: Nothing.
CHAIRMAN CONSTANTINE: Let's finish up these last couple
of items and then we'll take a little lunch break.
Item #10H
DETAILED DISCUSSION REGARDING TRANSPORTATION
PLANNING - STAFF TO PROVIDE UPDATE ON AUGUST 1, 2000
The detailed discussion regarding transportation planning.
Boy, that will be a quick one.
Who is going to lead us on that discussion?
MR. OLLIFF: That was actually an item that you added to
the agenda to talk about whether or not the Board wanted to
consider hiring an outside consultant. We had a workshop.
CHAIRMAN CONSTANTINE: I foolishly thought that someone
was going to address this. I will be glad to --
MR. OLLIFF: I can take care of this, I believe, in terms of at
least getting the Board's understanding and perhaps a direction.
COMMISSIONER MAC'KIE: There's nothing in our agenda
packet about this, right?
MR. OLLIFF: No, there's not.
CHAIRMAN CONSTANTINE: Let me cut to the chase on this.
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June 27,2000
My fear is my perception -- and this is not critical of our staff. My
perception and the perception of some people that I talk to is we
had this big hoo-ra-rah two or three months ago about what we
were going to do and you saw a lot of activity take place. There
is some perception that we've kind of slowed down, we're into
low gear again. That may or may not be accurate, but I wanted
to have some sort of discussion to assure us and perhaps plan
again -- I know we're going to have a full day August 3rd, but -- if
we can't do this today, but to have some particular layout of
where we're at and do that regularly.
Because this is the number one issue. And there are some
specific projects that appear to be moving a little slower than
what I thought was going to happen. If we have questions on
those, obviously we can ask during the week. But if we have
questions and want to address that in the public forum -- I would
just like to suggest to the Board because this is such a high
priority and because we know we're going to have some trouble
when we come into season this year.
There are a couple of projects that if those incentives are
met, they will be done at least for a big part of season and some
of them won't. And we're going to have congestion again next
season. And rather than leave that out there and have people
wonder, I think it would be appropriate to have regular updates,
whether that's at every meeting or every other meeting, from
staff where we are on every single one of these projects for
public as much as for us. So that we know, yes, we continue to
move forward on what we planned on three months ago.
CHAIRMAN CONSTANTINE: Commissioner Berry.
COMMISSIONER BERRY: I would agree. I think that if we
did this once a month. Even if it required some pictures of
what's going on on our current road projects. In other words,
what's the development. Hey, you know, stick them on the
visualize here, let them know -- those people sitting home in their
armchairs -- what's going on out there.
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June 27,2000
At least they have an idea of what we're doing because it
has been a question in -- you know, if we're working on some
intersections, if we're doing certain things, whatever it might be.
Just have a report that comes to the Board and so then the
public has an opportunity to hear what we're doing.
COMMISSIONER MAC'KIE: Just like what we saw from Mr.
McNees at our last meeting.
COMMISSIONER BERRY: It could be five minutes or it could
be three minutes. Whatever it takes just to -- we're on schedule.
No, we're not on schedule. We've got a little problem here.
CHAIRMAN CONSTANTINE: A reminder. Because I think
there is some -- and legitimate concern -- that we didn't do what
we should have been doing as a County the last couple of years.
Let's make sure they know that we're on track.
COMMISSIONER BERRY: I have a little experience with this,
Mr. Chairman, in regard to a building project when I was back on
the School Board. And we got to the point where we did hear
and we had -- at our monthly meetings we had reports as to what
was being done.
And I think until you get through this, quote, if you want to
call it a crisis. I'm not going to call it a crisis. I think it's going
to be an ongoing problem in Collier County.
But at least until we can lump the hurdle I think -- I think we
need to have some little timely reports, Mike.
MR. MCNEES: Sure. Mike McNees from your County
Manager's Transportation Office.
Absolutely. If you want them every week, you can have
them every week. In fact, to be perfectly honest with you, I
always scratch my head a little. We just did the update you
asked for and gave you a list of all the transportation
improvements that we've already constructed since our last
workshop, not that we have delayed, but we have already
completed since your last workshop.
To be perfectly frank, from the staff's standpoint we're more
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June 27,2000
concerned that you all will slow us down in terms of public
complaint or comment or problems with a particular road
segment. So if you want to hear from us every two weeks, by
God, we'll be up here.
CHAIRMAN CONSTANTINE: I think-- if I wasn't clear, I
apologize. It's a communication issue for me, not an actual
project issue. I don't have a problem there. I think we are
clicking along, but there is a perception or a communication that
I just want to make sure we're clear.
MR. OLLIFF: We think it's a good idea. We think it gives us
an opportunity to provide some public information, frankly, to you
and to the public about where are we every month.
COMMISSIONER BERRY: And I think we should go one step
further. If you think this Board is slowing you down, then you
need to let us know.
MR. MCNEES: Trust me. We'll let you know.
COMMISSIONER BERRY: Thanks.
COMMISSIONER MAC'KIE: Remember their motto.
CHAIRMAN CONSTANTINE: We have been accused of being
slow on many occasions.
COMMISSIONER CARTER: In Mike McNees we trust, right?
COMMISSIONER BERRY: I mean, I think that's fair. If we're
doing something that is holding you up on an issue, then --
CHAIRMAN CONSTANTINE: Why don't we plan on having
one August 3rd and then when we come back in September do
those regularly.
COMMISSIONER MAC'KIE: 1st.
CHAIRMAN CONSTANTINE: And we'll see how often we
need them from that point forward. But certainly in the next two
meetings.
COMMISSIONER CARTER: I think you mean August 1.
CHAIRMAN CONSTANTINE: Yes. I'm sorry. I keep saying
August 3rd. That was last year.
COMMISSIONER CARTER: Well, the folks out there will start
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June 27, 2000
writing down August 3rd and come here and we won't be here.
CHAIRMAN CONSTANTINE: I remember that only because
of Abe Skinner wanting that finalized budget issue last year. It
was August 3rd. It stuck in my head.
Item #101
DAVIS BOULEVARD LANDSCAPING - STAFF TO EXPLORE
PHASED DOWN IMPROVEMENTS TO COUNTY BARN ROAD AND
REPORT BACK
10 (I), Davis Boulevard landscaping.
Ahead of this, as well -- I apologize for making our agenda
longer today, but do you remember the discussion we had about
completing the beautification so that it was equal. From one end
to the other it was the same.
You did a fabulous job doing that. The question is that last
700 feet. And my recollection was that we had said -- if you
remember that, that's blank from County Barn Road. The
beautification just stops and then you get to County Barn Road
and there's 700 feet that's empty.
My recollection was that we actually gave direction to go
ahead and finish that part. The next phase, which will be phase
three, is the other side of County Barn. Mr. Olliff had given me
some paper that was ambiguous on that.
I did get something from one of our residents in the area
that actually had an E-mail from our staff a day or two after we
had -- I apologize. I don't have it here. I've got it in the office.
And she may have it with her.
It was an E-mail from our staff within a day or two of that
meeting that said, "You'll be happy to know that we said we will
go ahead and do that. The County Commission did approve that,"
which was my recollection as well.
COMMISSIONER MAC'KIE: What's the cost of 700 feet?
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June 27, 2000
MR. OLLIFF: I don't know. We don't have a design done for
that. I think the concern was that there is going to be some road
widening work on County Barn Road. That is going to be in a two
or three year from now time frame.
I think Commissioner Constantine's only point is it does stop
abruptly. And perhaps we can do a phased-down plan. Rather
than having trees that are going to have to be relocated, maybe
we can just scale down the landscaping until it gets to the
intersection. If we just get some direction to do that, we'll bring
you back an amended cost for that and get some direction from
you.
COMMISSIONER CARTER:
thought we were going to do it.
let's move along very easily.
CHAIRMAN CONSTANTINE:
to 10,000 bucks.
I think we ought to just do that. I
Let's do a scaled-down deal and
The number I remember was six
COMMISSIONER MAC'KIE: One hundred bucks a foot.
MR. MCNEES: Mike McNees again. There is one issue you
need to be aware of. There is a turn lane slated to be
constructed in that segment that, I believe, is constructed by
one of the developments along there. We wouldn't recommend
doing any of the work until that turn lane construction is finished
because chances are it's going to be torn up.
COMMISSIONER CARTER: Do we know when that's going to
happen, Mike?
MR. MCNEES: I don't know exactly. I just looked into this in
the last couple of days. But we can report back to you on some
schedule. We just don't want to put something in there that's
going to be torn up.
CHAIRMAN CONSTANTINE: Why don't we go ahead and do
the phased-down, but obviously avoid -- I mean, that's similar to
on Radio Road where we're doing the whole thing. We know that
is going to be six laned at some point, so we're trying to design it
where a lot of that growth is pinched in. We don't tear it out in
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dune 27,2000
six years.
MR. MCNEES: Two concerns. One, that it's torn out. Two,
that it be damaged by the actual construction. We just want you
to be aware of that, too.
COMMISSIONER CARTER: I would like to say, find out when
they're going to do that and let us know and then let's finish it
up. Do it so it looks good.
CHAIRMAN CONSTANTINE: Do we have a speaker on this?
MR. OLLIFF: We don't. We'll take that as direction and just
provide you a little action plan memo, if you will, internally. I
don't know that we need to bring that back to the Board.
CHAIRMAN CONSTANTINE: Thank you.
Item #10J
RESOLUTION 2000-197 URGING GOVERNOR JEB BUSH TO STOP
THE CLOSING OF THE G. PIERCE WOOD MEMORIAL HOSPITAL IN
DESOTO COUNTY - ADOPTED WITH CHANGES
Item 10 (J), resolution regarding the G. Pierce Wood
Memorial Hospital. I've told each of you and you agreed to have
your name in the letter in the News Press. So you probably have
a pretty good idea of what this is about.
We just want to pass a resolution on to the State saying
there is a genuine concern here with Charter Glade closing
down. And, frankly, we've got some other concerns with mental
health issues.
COMMISSIONER MAC'KIE: Motion to approve that
resolution.
COMMISSIONER CARTER: Could we have in that resolution
money to follow to the community? I mean, if you're going to
close this thing down -- if they're saving $100 million and they
said, "Well, we're going to spread $3 million out around the
State," I don't buy that. If you're going to close the facility, then
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June 27,2000
you have to give us the money to take care of those that are
coming out of that institution. So if we can word it in a way to
include that, I want to send the message, "If you're going to do it,
where is the money?" Because it's another push down from the
State to the County because the Federal is pushing it down on
the State.
COMMISSIONER MAC'KIE: Well, if you're going to -- perhaps
even specifically, "If you're going to close this, please send
another $1 million or a million and a half dollars to David
Lawrence Mental Health Centers so they can provide these
services.'"
COMMISSIONER BERRY: I think that's Jim's point.
COMMISSIONER CARTER: Send it to an institution we have
here that can take care of the people that come back to the
County. We don't want them as vagrants and in jail and
everything else.
CHAIRMAN CONSTANTINE: And to put it into perspective,
this is a huge facility. This has over 300 beds -- over 300 beds
and it serves 18 counties. You go from St. Petersburg all the way
down through and some of the farm counties. I mean, this is
huge.
And the Governor had said, "1 would like to see" -- because
they have lost -- this is the backup on this. Because the State
has lost some Federal funding for mental health care, he said, "1
would like to cut 300 and some odd beds Statewide."
Unfortunately, they're looking to take that all from that one
spot. And that's the problem here. If you need to lose some
mental health beds around the State because of funding -- it's not
a pleasant thought, but I would think that you would disperse
that among 15 million people, not just around Southwest Florida.
COMMISSIONER MAC'KIE: Have we given sufficient
direction for my motion to stand that a resolution will be
prepared incorporating these comments, including these --
Commissioner Carter, Commissioner Constantine?
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June 27,2000
CHAIRMAN CONSTANTINE:
Lindsay Harrington has a resolution that is very close to that.
it doesn't include the financing, we can put that in.
COMMISSIONER CARTER: I'm fine with that.
aye.
it.
You
Yeah. And, I believe, actually--
If
CHAIRMAN CONSTANTINE: Is that all right?
Motion and a second.
Any public speakers on this item?
MR. OLLIFF: No, sir.
CHAIRMAN CONSTANTINE: All those in favor please state
Anybody opposed? (No response.)
CHAIRMAN CONSTANTINE: Motion carries 5-0.
Commissioner Carter.
COMMISSIONER MAC'KIE: I made the motion. He seconded
COMMISSIONER CARTER: I seconded it.
CHAIRMAN CONSTANTINE: I'm sorry. Isn't that what I said?
made the motion --
COMMISSIONER CARTER: If not, we just re-created it.
Item #11A
RECOMMENDATION TO APPROVE THE SHERIFF'S OFFICE
UNITED STATES DEPARTMENT OF JUSTICE COPS MORE 2000
GRANT APPLICATION AND INCREASE THE SHERIFF'S OFFICE
FISCAL YEAR 2000/01 BUDGET FOR NINE CIVILIAN POSITIONS -
APPROVED
CHAIRMAN CONSTANTINE: 11 (A) (1) was 16 (K) (1), the
Sheriff's grants.
COMMISSIONER BERRY: I pulled this off.
CHAIRMAN CONSTANTINE: Commissioner Berry.
COMMISSIONER BERRY: Looking at this -- and this is for
fiscal year 2000/2001. And, I believe, during our budget session
we just allocated a quite substantial chunk of money to the
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June 27,2000
Sheriff~s Department. And, as you know, most of the times on
any of these grants I have spoken in regard to just be prepared
because you will be picking up this expense in a few years.
In this particular case, we have allocated a large amount of
money to the Sheriff's Department and it appears that they are
asking from the County Commission another $74, 000. And I -- if
I'm wrong about that, clarify it. But is that not what you're
asking for?
CHAIRMAN CONSTANTINE: We'll certainly--
COMMISSIONER BERRY: It's a match. I understand that.
But I believe in the amount of money that we allocated that there
certainly ought to be $74, 000 that they can provide. And why
wasn't it brought to us during the budget?
CHAIRMAN CONSTANTINE: My understanding -- and
obviously they can answer this themselves. I spoke with the
Sheriff this morning and he had said they actually aren't looking
to phase this in until the 01/02 budget, but they can get the
grants underway now.
You can probably clarify that for us.
MR. LEWIS: The match, sir--
COMMISSIONER CARTER: For the record you are --
MR. LEWIS: For the record, Harvey Lewis. Collier County
Sheriff's Office, budget analyst. A couple of things I would like to
say about this. One is that this is an unexpected opportunity
that came to our attention right at the end of May about four
weeks ago. The Department of Justice came out with requests
for applications for a grant. So it's something we've only known
about for about four weeks.
It's an opportunity to get about $220,000 in Federal funds
that taxpayers in Collier County had paid to the Federal
government back here to try and help do some work in the
Sheriff's Office. The grant is a one-year grant for fiscal year 2001
or the year 2000/2001 with the potential for two one-year
extensions.
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June 27,2000
We do anticipate that we would be phasing in hiring of the
positions. As you know, we have been having some problems
with hiring. We hope that the pay increases will solve some of
those problems. But we do anticipate that -- the people have to
be hired under the grant sometime during the year 2000/2001. So
there could be -- part of the grant match will probably happen
that year.
I think in answer -- and the grant match is a total of about
$150,000. We feel very comfortable that we'll be able to come --
part of that is capital that we'll be able to deal with the capital
portion of that without any problem.
We have -- we have every expectation that we would be able
to come up with the other 75, 000 that's personal services either
from internal sources or confiscated trust funds, something of
that nature. But -- so that's what the situation is.
CHAIRMAN CONSTANTINE: Just let me oversimplify this.
What the Sheriff indicated to me this morning was that there
would be no fiscal impact -- there would be no fiscal change to
your 2000 and 2001 budget as a result of this. MR. LEWIS: That's correct, sir.
COMMISSIONER BERRY: Well, no. If we do it, of course,
there is not going to be an impact. If I say no to it, then the
Sheriff is going to have to find $74, 000 in his budget.
CHAIRMAN CONSTANTINE: No. I think what he's saying is
he will find -- he is going to find that.
MR. LEWIS: We are not requesting any funding at this point.
We are requesting your approval to request the grant funds.
COMMISSIONER MAC'KIE: They are going to spend their
own money.
MR. LEWIS: If the grant is approved, then we have to come
up with the grant -- the match money out of our budgeted funds.
COMMISSIONER MAC'KIE: That's the key. If they were
asking for additional money, I would agree with you completely.
COMMISSIONER BERRY: I'm sorry. Then I misunderstood.
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June 27,2000
As reading this, that's not what I read.
COMMISSIONER MAC'KIE: It wasn't very clear. I agree.
MR. LEWIS: The one thing that was a concern on the
personal services, we believe we can come up with the funding
for personal services. There was some -- we don't have to come
up with the funding for that until near the end of the fiscal year.
The executive summary did indicate, I believe, that there --
if we couldn't find funding internally that we might have to come
back before the Board and ask for reserves.
COMMISSIONER BERRY: Harvey, this is what it says. It
says, "Increase the Sheriff's Office fiscal year 2001 budget for
nine civilian positions."
MR. LEWIS: No. That's only the staffing. All we're asking
there is you approve that we could have higher staffing, not that
we would have additional funding.
COMMISSIONER BERRY: Well, I guess, when people talk
about more positions that equates in my mind to more dollars
because somebody has got to foot the bill.
MR. LEWIS: No. This is the case where the Feds will be
footing 75 percent of the bill and all we have to do is come up
with the other 25 percent out of our --
COMMISSIONER BERRY: However -- and that's all well and
good.
MR. LEWIS: Out of our existing funding.
COMMISSIONER BERRY: That's for one year and then --
COMMISSIONER MAC'KIE: In the future --
COMMISSIONER BERRY: -- Two subsequent yearly matches,
but don't be --
MR. LEWIS: That's right. Yes, ma'am.
COMMISSIONER BERRY: I don't want the public to be
misled because at some point in time, taxpayers, you will pick up
this grant. Because once you get the people in place, it becomes
Collier County's. MR. LEWIS: If I may, we talked about that
with the County Budget Office. Also, in the future, I think, on
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June 27,2000
these executive summaries we will include a chart that lays out
all the out-year funding for not only this grant, but the other
grants that we have in place. We did provide that as part of the
budget process for fiscal -- the fiscal 2001 budget. And we
decided that it might be a good idea to put those on executive
summaries in the future so you cannot only see the impact of
this in the future, but how it ties to the other grants.
COMMISSIONER MAC'KIE: I think we should call that the
Berry legacy. She's brought that up every time and we're
starting to get it.
COMMISSIONER BERRY: I'm sorry.
COMMISSIONER MAC'KIE.' I appreciate it.
COMMISSIONER BERRY: I've dealt with grant problems.
COMMISSIONER CARTER: You're absolutely right. It's no
free lunch.
CHAIRMAN CONSTANTINE: Mr. Olliff, speakers?
MR. OLLIFF: No, sir.
CHAIRMAN CONSTANTINE: Is there a motion?
COMMISSIONER MAC'KIE: Motion to approve.
COMMISSIONER CARTER: Second.
CHAIRMAN CONSTANTINE: Motion and a second. Any
further discussion?
Seeing none, all those in favor please state aye.
Anybody opposed?
(No response.)
CHAIRMAN CONSTANTINE: Motion carries 5-0.
Item #1 lcl
KENNETH THOMPSON REGARDING SHERIFF'S BUDGET
That takes us to public comment on general topics.
COMMISSIONER MAC'KIE: We don't have any.
CHAIRMAN CONSTANTINE: Do we have any public
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June 27,2000
comments?
MR. OLLIFF: You do. Your first speaker is Kenneth
Thompson.
CHAIRMAN CONSTANTINE: Did you have something?
COMMISSIONER MAC'KIE: Well, I was just hoping while he
was coming up that the rest of the Board might agree. I just
looked. I mean, we have five items left. They all look to me to
be pretty darn short.
I wonder if -- we've waited this long and we couldn't just -- I
bet we could get them done in a half an hour. CHAIRMAN CONSTANTINE: Sure.
COMMISSIONER MAC'KIE: Forty-five minutes tops.
COMMISSIONER BERRY: Just take a short, couple minute
break. CHAIRMAN CONSTANTINE: Let's hear from the public.
We'll do like five minutes after that and -- that's fine. Ken, hi there.
MR. THOMPSON: My name is Ken Thompson.
Pam, the last time I was here, you know, if you will be gentle
with me, I am going to be gentle with you, you know. When I'm
trying to say something, you start throwing papers around, you
know. I ain't in too good a shape today, but I'm like a hot wire,
you know, but I do apologize to you.
COMMISSIONER MAC'KIE: That's okay.
MR. THOMPSON: I look at Mr. Norris as myself. In 1987 I
told you I had to take an 80 degree turn. And you know who
those people had me do that was County Commissioners.
I had some phone numbers brung to me I'll never forget.
And they told me to call these people and I told them, no, if they
want me, let them come see me and they did on Sunday morning.
It was the best feeling in my life to get out of the problem I was
in.
And I look at him as looking at myself. It's like seeing --
looking in the mirror. And this was uncalled for, the damn
handcuffs. I didn't appreciate that. I mean, the same thing
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June 27,2000
happened to me. But when you get used to wearing them, it
don't bother you.
I got away from that problem, see. But I never hurt nobody.
I always had fun. I've done what I've done. But I was doing
pretty good until this guy come up here and wanted some more
money. What does this guy do with that money anyway?
Somebody needs to look into his budget or get the CIA up
here or something to stop him from getting the money. And he's
so over budget right now it's pitiful. And I'm asking Mr. Carter
there to -- give Mr. Carter 60,000 more dollars so he can go back
over this sign deal. Will you do that?
And start at the Tipsy Seagull. That thing has been out of
business for six months and you're advertising an illegal bar.
Because I have been out there, ATF, Alcohol, Tobacco and
Firearms -- the sign shouldn't be there. And every morning I get
up I have to look at that thing. And it's out of whack and it's,
"Happy birthday, babe. See you soon."
You don't need that stuff. You're trying to fix Bayshore Drive
and redevelop it and that's the ugliest sign I've ever seen in my
life. I just wish you would help me get that sign down. I mean, it
would be worth $60,000 to me.
And the guy had the right machine here, you know, awhile
ago. You know that tank, I was almost going to buy that thing
myself. And believe you me, I can do it. But that popped in my
mind. It's a straight shot right down that canal. That would
eliminate it.
COMMISSIONER CARTER: Might be a solution.
MR. THOMPSON: I don't drink anymore. People ask me
what I do. If you're going to do Bayshore Drive, quit messing us
around. It's getting on my nerves. My wife beats me up every
day. I know she'll kill me when she hears this.
But it's back and forth, back and forth with this. You spend
more money on paperwork than if you go ahead and do the thing.
I was going to do it from the bridge on 41 myself. I was going to
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June 2?,2000
do it. And if you go down Airport Road like I told you before -- I
was going down there every day and everybody is pulling up here
and here's a bunch of bushes and this guy can't see for this guy.
And it's just a terrible, terrible mess.
So get Bayshore redevelopment done, will you, because it's
getting -- my wife is having to dye my hair. It done turned white
on me. Most Indians hair don't turn white. This thing drives me
crazy. I'm telling you, this -- this Sheriff, every time you can turn
around, man, that guy -- like these gentlemen right here, you
know. I've begged and pleaded with you to give them more
money.
I was talking to one the other day and I said, "Man, I
wouldn't get out here and work like you're doing for $14 an hour."
He said, "My God. Who is getting $14 an hour?"
I said, "You are."
He said, "I'm no such thing."
It's not fair. And his shoulder radios I asked you about
before, the other day one of them was over at the house and he
walked under the garage. There was a guy across the bridge.
They were having a stabbing or something and it shut right off.
And he's trying to beat it to get it to work.
I don't know. He just will not give these guys a raise. Why
don't we take his money and Bill Stief's money -- Chief Bill Stief
and bring them down to level, see, and then see how it feels.
You know, when I worked in my business -- and I built up a
lot of buildings and I sell them. And it's -- it's good for business
like that. Business is good for business if you know how to
operate it. So I appreciate all of you and I will see you later.
CHAIRMAN CONSTANTINE: Thank you.
COMMISSIONER CARTER: Thank you.
MR. THOMPSON: Get that sign down.
MR. OLLIFF: The only other speaker that we had this
afternoon was Robert Richmond. And I think he's provided some
information packets to each of you.
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June 27,2000
MR. WEIGEL: I would like to note for the record, as Mr.
Richmond comes up, that the County is a Defendant in a lawsuit
by Mr. Richmond, as well as several County employees and a
former County employee being defended by the County.
CHAIRMAN CONSTANTINE: Thank you.
MR. RICHMOND: My response would be that I hope that's on
Mr. Weigel's five minutes. And I am opposed that -- this morning
Mr. Weigel, based on Mr. Olliff's statement, was going to violate
my First Amendment Right to speak here today on this issue. So
I hope that the public would get interested in what I have to
present to you today. I would hope that you refrain from any
comment until I'm complete with my presentation. I appreciate
that.
I am here in response to a 6/16 2000 budget meeting when --
in which Dan Rodriguez requests $60,000 for an outside
contracting of filter replacements here in Collier County. I would
like to say good afternoon to the Commissioners and say that I'm
here as an acting agent for the best interests of the taxpayers
and the public's best interest.
I understand my comments are provided in your package
and I wish I can set the meter on warp speed so I can get
everything accomplished here, but that won't happen. That's
why I'm providing you a package here today. One of the exhibits
-- I believe in four-- it references approximately 15 -- and my
favorite is an emphasis on number five because it gives a
realistic approach to what's going on, as far as filter replacement
in-house for the County.
I am opposed to this and I'm hoping that I will set up in the
package enough of an opposition that the Board will see that
they need to reassess the situation and do further explanation.
And I've requested a further explanation from Mr. Rodriguez. I
feel that Mr. Rodriguez attended this meeting and was not fully
prepared.
He clouded the issues and made it very difficult to
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June 27,2000
understand. I find, too, that he failed because he -- he misled the
Board on certain issues. Rodriguez was poorly prepared. He
failed as to the number of buildings that are being maintained by
Collier County.
He clouded the issue by indicating square footage of over
million square feet. Now, I'm opposed to that because this is a
simple, basic issue and it is the number of buildings, the number
of filters in the buildings.
Collier County Public Schools through my research -- with
nine hours on this project, I'd like you all to know that they have
five people in-house performing filter replacement. We are
looking at about 200 buildings in Collier County here that are
being serviced, give or take an inch. Public schools
approximately 450 buildings. There is five in-house people
taking care of filter replacements. Between -- in response to a
Commissioner's statement in that 6/16 meeting, in '93 and '94 I --
and only I -- primarily, and the workers will support that, between
the years of 1989 and 1996 November did the filter replacement
of these entire buildings here for the County. It was until
approximately May of '95 that I was relieved of the entire
complex.
I find that we are accountable to the public citizens here
and we need to pay more attention to that. We shouldn't misuse
our authority. We can provide trucks. Mr. Olliff's own
observations several years ago when I was employed with
Facilities Management -- he observed a truck being driven around
the parking lot to accumulate mileage over -- repeatedly during
the day.
I'm opposed to the fact that I personally observed couches
being moved from Ms. Mac'Kie's residence to the courthouse
here -- your office -- and that we should have took a closer look --
a closer look in regard to that approximate cost of $200. I took
the liberty of taking seven bids on the phone in the Yellow Pages
and you could have had it done for $85 to $100. And another bid
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June 27, 2000
was $140.
Besides the safety issues, I believe two of the employees
that were involved in that move for Ms. Mac'Kie had job-related
back injuries. So we need to pay attention to things like this.
If there could be a truck made available -- in response to Mr.
Olliff's statements in that meeting. If a truck can be made
available for that, I really think you need to take a good look at
some of your managers and Facility Management, as far as this
filter contract. There's not been enough homework done.
It works for Collier County Public Schools for over 20 years.
You have individual accountability among your employees in a
given department because nobody wants to look like a slacker
within an A/C department or an electrical department. Everybody
wants to look proper to the other. So if somebody overlooks
belts and preventative maintenance issues, they get razzed
about it. So it's kind of an inside policing.
CHAIRMAN CONSTANTINE:
MR. RICHMOND: I'm sorry?
CHAIRMAN CONSTANTINE:
wrap up. MR. RICHMOND: Okay.
I need you to wrap up.
Your five minutes. I need you to
Bottom line is contracting
didn't work at fleet in -- two years ago in regard to fleet
maintenance. Contracting didn't work in regard to irrigation.
Two outside contractors it failed.
It does work as far as telephone people, communications
people. And a lot of that is because we've established long-term
relationships with them. I would like the Board to invite me back
to address this closer.
I didn't have enough time to do it, but I really think we're
making a large mistake. And Mr. Rodriguez needed to present a
more adequate approach to this and how much they're spending,
how many buildings. He couldn't answer none of this for you.
And it's all within your package.
CHAIRMAN CONSTANTINE: Thank you very much.
COMMISSIONER MAC'KIE: I just think I probably ought to
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June 27,2000
clarify something. I don't know what it has to do with air
conditioner filters and that kind of stuff, but rather than spending
a budgeted amount for decorating my office I had some furniture
at home that I brought up to use in the office. That's why the
trucks were going from my home to here.
MR. RICHMOND: Ms. Mac'Kie, with all due respect, Mr. Olliff
raised a question about the -- needing to supply a vehicle if this
was performed in-house. In-house employees and myself, having
eight years of prior history back in facilities, happen to know
there is always one truck sitting out there. If you go out there
now, you'll see one truck sitting there.
You need to take a good look at this and not waste money
and be more accountable to the public. I'm appalled again with
Mr. Weigel's approach to me today.
CHAIRMAN CONSTANTINE: Let's take a five minute break.
We'll come back and finish the rest of the agenda.
(A recess was held from 1:09 p.m. until 1:24 p.m.)
CHAIRMAN CONSTANTINE: Okay. Mr. Olliff, I understand
we are going to -- are we back? MR. OLLIFF: We are back.
CHAIRMAN CONSTANTINE: Yes, we are back. I understand
we're going to do the impact fee update first.
MR. OLLIFF: We are. If we could take that one item of
order, I think that would allow us to get the consultants on their
way and also allow some speakers who probably aren't in the
room for the next item, 12 (B} (1}, that was regularly scheduled,
to get back.
Item #12C2
ORDINANCE 2000-47 REVISING THE LIBRARY IMPACT FEE RATE
SCHEDULE AND ORDINANCE 2000-48 ADOPTING THE
EMERGENCY MEDICAL SERVICES IMPACT FEE SCHEDULE -
ADOPTED
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June 27,2000
CHAIRMAN CONSTANTINE: And for those following on their
score card, the impact fee update is item number -- MR. OLLIFF: 12 (C) (2). Mr. Tindall.
MR. TINDALL: Good afternoon, Commissioners. For the
record, my name is Phil Tindall, Collier County Impact Fee
Coordinator.
What we're presenting to you today and asking for your
recommendation is an update of the library and EMS impact fee
schedule. Basically you will be approving two ordinances
establishing those two updated schedules.
The last time both of these were updated was in 1991. So
they are definitely due. Our current contract with Tindale-Oliver
and Associates is composed of a number of tasks that are
basically divided into three main phases. The first phase is an
update of the road impact fees, which you approved in January of
this year. And that became effective April 1st.
The second phase is what we're asking you to do today,
which is the approval of the library and EMS fees. And then the
third and final phase, as far as the contract is concerned, is to
write a consolidating ordinance that encompasses all our impact
fees and just a general clean-up, as well, of all the administrative
provisions, as well as administrative procedures.
COMMISSIONER MAC'KIE: What is the timing on that?
MR. TINDALL: We expect that to be completed by October.
COMMISSIONER MAC'KIE: That's good.
MR. TINDALL: And just a couple of little items to cover and
then I'll turn it over to Keith Tindale of Tindale-Oliver and
Associates, who has a brief power point presentation. We're
asking for an effective date for these two ordinances of October
1st. This will give builders with projects in the pipeline and with
budgets in place to a little bit of lead time on it to get those
permits in in time before the fees actually go up.
And also we'd like to point out that we have presented this
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June 27,2000
impact fee update to both the Collier Building Industry
Association and the Development Services Advisory Committee.
If you'll note on page two, we actually reflect the fact that the
DSAC actually voted in favor of our recommendation on June 7th.
And I believe-- I know the Building Industry Association has
some -- is probably going to want to speak to that effect. I'm not
sure who all we have as public speakers, but I did want to point
that out.
If you have no other quick questions for me, I would like to
turn it over to Mr. Tindale.
CHAIRMAN CONSTANTINE: Before we do turn it over, let's
go to our public speakers.
MR. OLLIFF: Your only public speaker on this item is David
Ellis.
MR. ELLIS: Good morning. I'm David Ellis with the Collier
Building Industry Association. Before I start my comments on
the impact fees, I would like to thank you for your attention to
the fire review process. It's a very critical process for the
building industry and we started a task force with your County
staff on that and with the fire folks. We'll keep you posted, as
well, working with the staff.
On the impact fees, I really just wanted to say that CBIA --
we've worked closely with the County staff and consultant
reviewing the fees for the EMS, as well as the libraries. And
although you won't hear me come and tell you -- when we look at
impact fees, we're always concerned about the effect that it has
on the affordability of housing and what it does in Collier County
and is it always the most or the best and the most appropriate
form of funding infrastructure. We are satisfied that the report
that they're going to bring you today and the information they
brought is accurate. The calculations for the EMS, as well as the
library fees, as they will explain, are a little simpler than the road
fees, which have a number of moving parts and we had a lot of
challenges in trying to understand those fees. These are a little
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June 27,2000
more straightforward, as well as the calculations go.
Again, I just wanted to come today and let you know that as
an industry we've had a chance to meet with and be satisfied by
the information that was brought forward by the County. I
appreciate that they have made a lot of outreach to us in terms
of getting together with our group, having meetings with our
governmental affairs folks and then requesting that back to us.
Again, I just wanted to come forward with that. Thank you.
CHAIRMAN CONSTANTINE: Thank you. Commissioner
Mac'Kie.
COMMISSIONER MAC'KIE: I will just comment that my --
that the explanation for the backup for these impact fees is so
much simpler than the road impact fees that I even understood it
and don't necessarily need to see the presentation, having
already reviewed it in my agenda packet. If there are others --
CHAIRMAN CONSTANTINE: Everybody is okay with -- we've
all seen it. The building industry is supporting it. The
Development Services Advisory Committee is supporting it. I
think we can probably pass on the power point presentation,
though we appreciate having you here. Great way to spend the
morning for you, I know. Anybody want to make a motion?
COMMISSIONER CARTER: I move we approve the impact
fees as recommended by staff.
COMMISSIONER MAC'KIE: Second.
CHAIRMAN CONSTANTINE: Motion and a second. Any
further discussion?
Seeing none. Any objection?
(No response.)
Seeing none, it passes 5-0. Thank you very much.
Item #12B1
ORDINANCE 2000-49, RE PETITION PUD-2000-04, TIMOTHY W.
FERGUSON REPRESENTING OUTDOOR RESORTS OF AMERICA
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June 2?,2000
REQUESTING A REZONE FROM ITS CURRENT ZONING
CLASSIFICATION OF "A" RURAL AGRICULTURAL AND PUD TO
"PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS
OUTDOOR RESORTS OF NAPLES - ADOPTED WITH CHANGES
CHAIRMAN CONSTANTINE: Which takes us to petition PUD
2000-4. Timothy Ferguson representing Outdoor Resorts of
America.
Commissioner Mac'Kie.
COMMISSIONER MAC'KIE: Yes. I have to abstain from this
matter. You guys may recall about a year ago we had a similar
petition and I abstained on it because I have a client whose
economic interest is affected that the statute imputes that
economic interest to me as their attorney. And, therefore, I'm
abstaining.
I have consulted with Mr. Weigel quite thoroughly about it
and been advised that it's the proper course of action.
CHAIRMAN CONSTANTINE: Anybody that intends to
participate either as a staff member or as a member of the
public or a part of the petitioning team, if you would be so kind
as to stand and be sworn at this time.
(All witnesses were sworn in.)
CHAIRMAN CONSTANTINE: Thank you.
COMMISSIONER BRANDT: I had an ex parte at some point in
time.
CHAIRMAN CONSTANTINE: Any outside contact?
COMMISSIONER BERRY: I have had contact with the
petitioner regarding this particular issue just outlining what the
proposal was going to be and what they're doing.
CHAIRMAN CONSTANTINE: Commissioner Brandt.
COMMISSIONER BRANDT: I received a phone call from Mr.
Ferguson on Saturday. He offered to make a presentation to me
and fill me in on what the program was about. I elected not to do
that.
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June 27,2000
And I have communicated that to the attorney. I did meet
with Mr. Weigel and Mr. Olliff yesterday and had some questions,
which they, I think, will provide in the discussion today. I did not
get answers to the questions. I asked that some information be
gathered. Thank you.
CHAIRMAN CONSTANTINE: Commissioner Carter.
COMMISSIONER CARTER: I met with the petitioner, Mr. Tim
Ferguson, and his representative.
CHAIRMAN CONSTANTINE: As did I. Let's go to staff.
MR. BELLOWS: Good afternoon, Commissioners. For the
record, Ray Bellows of the planning staff. I would like to point
out I am filling in for Chahram Badamtchian. He is the planner
assigned to this project. His wife is expecting and he went to be
with her. I guess, he's not--
CHAIRMAN CONSTANTINE: Sounds like a good priority.
MR. BELLOWS: Good priority.
COMMISSIONER MAC'KIE: If we have any news, you'll tell
us, Mr. Bellows, right?
MR. BELLOWS: Yes. I've discussed this project with
Chahram before he left and I'm very familiar with it now. I know
you have some traffic questions and I'm capable to answer
those. We also have Ed Kant here.
Basically the project is located -- if the visualizer would go
on here. It's on the south side of Immokalee Road about a mile --
half a mile east of County Road 951. The petitioner is requesting
420 recreational vehicle units. It's similar to the application that
was filed a few years ago for a site in the Laurel Wood PUD,
which is about a mile west of 951.
The applicant is requesting a gated type of recreational
vehicle community similar to the Crystal Lake RV Resort to the
south. To the north is the Mulepen Quarry and to the east is a
driving range.
As you recall, earlier in the year there was a conditional use
started, Grand Land Golf Course, which impacted Immokalee
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June 27,2000
Road greater than five percent. This project will not exceed five
percent of the level service "C" design capacity. So it's not a
significant impact on Immokalee Road; however, Immokalee
Road is operating at level service "E" right now east of 951.
There is road improvements for the western segment. The
eastern segment there are some planned improvements that will
be completed two to three years from now.
It is consistent with the growth management plan. Staff has
recommended approval. And on the staff report, the EAC also
recommended approval by a 5-2 vote.
COMMISSIONER CARTER: What were the objections?
MR. BELLOWS: Chahram indicated that there were concerns
about wetlands.
COMMISSIONER BRANDT: About what?
MR. BELLOWS: Wetland issues.
COMMISSIONER BRANDT: Okay.
MR. BELLOWS: However, it is consistent and the EAC did
approve.
CHAIRMAN CONSTANTINE: I'm just amazed the EAC voted
to approve something. That was good.
COMMISSIONER CARTER: In their assessment, do you know
-- maybe it's an unfair question to you. Was an inventory taken of
cypress trees and tortoise turtles and all that kind of stuff?
MR. BELLOWS: I am not familiar with all the EAC -- Mr.
Ferguson? CHAIRMAN CONSTANTINE: Petitioner.
MR. FERGUSON: Good afternoon, Commissioners. For the
record, my name is Tim Ferguson.
To address your question, there were several areas that
were predominantly cypress heads that remain preserved. The
rest were substantially impacted by melaleuca. But what some
people consider wetlands, I call pine flat woods with a
substantial amount of melaleuca. But that was the issue.
COMMISSIONER CARTER: Okay. So you're preserving the
cypress heads, in other words?
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June 27, 2000
MR. FERGUSON: That's correct.
COMMISSIONER CARTER: Okay. What about tortoise turtles
or tortoise whatever?
MR. FERGUSON: No endangered species were sighted.
COMMISSIONER CARTER: Not turtles. They're --
COMMISSIONER MAC'KIE: Gopher tortoise.
COMMISSIONER CARTER: Gopher tortoises, right.
MR. FERGUSON: No gopher tortoises.
MR. BELLOWS: I would also like to point out they do have to
get all jurisdictional permits from the appropriate agencies.
CHAIRMAN CONSTANTINE: Other speakers on this item?
MR. OLLIFF: There are. I'm not sure Mr. Ferguson actually
made his presentation.
CHAIRMAN CONSTANTINE: I'm sorry. That was your
opportunity to make the presentation.
MR. FERGUSON: I'm sorry. That was a fine opportunity.
CHAIRMAN CONSTANTINE: We've been, of course, before
you all, except for Commissioner Brandt. Welcome to the Board.
COMMISSIONER BRANDT: Thank you.
MR. FERGUSON: We have a project here that is a top quality
RV resort. It's restricted to motorcoaches only. As you can see,
we are -- I thought this line was a little bit more recognizable
than it is. This is our project. As you can see here, this being
-- this part Crystal Lake RV, all along our border here, of course.
Industrial rock crushing situation here. We've got commercial, a
driving range, a lighted driving range here. Our only residence is
here. We've provided a 100-foot buffer for them.
As far as from a pure planning perspective, it's a very
compatible project with the surrounding uses. You can see --
when this project came to you before, we were down in this area.
And school children would walk here and it was the feeling of the
Board that that might impact them if we were turning in front of
them here. We are no longer doing that. Our project is as far
out of Immokalee Road as we can have it now. It's a moratorium
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past that. So we have -- and the last time we brought the project
before the Board, we were asked to move further out Immokalee
Road and we have done that.
CHAIRMAN CONSTANTINE: Let me just make sure I
understand. Just above on that -- I think it's actually south, but --
MR. FERGUSON: This is south.
CHAIRMAN CONSTANTINE: Right. The area with the lake is
Crystal Lake. That is mobile home. MR. FERGUSON: That's RV.
CHAIRMAN CONSTANTINE: I am sorry. I am sorry. And
then the area to the north, which appears on the bottom, is the
excavation facility.
COMMISSIONER BERRY: The rock quarry.
CHAIRMAN CONSTANTINE: Rock quarry.
COMMISSIONER MAC'KIE: I can't believe that. I am sorry.
CHAIRMAN CONSTANTINE: Have you seen the sign outside
the door? COMMISSIONER MAC'KIE: I am so sorry.
CHAIRMAN CONSTANTINE: Okay. So there is an existing --
you're asking for the same use that is on one side and, obviously,
a less intense use than is on the other side.
MR. FERGUSON: That's correct. And this was here first.
(Commissioner Mac'Kie left the Board room.}
MR. FERGUSON: In the last hearing there was an issue
about who was there first and the RV was there first.
As has been stated by staff, we're consistent with the
growth management plan. We're consistent with the LDC. We're
consistent with the surrounding project -- surrounding
development patterns.
(Commissioner Mac'Kie returned to the Board room.)
MR. FERGUSON: There have been issues that have been
raised with the Commissioners about safety. We have a letter
here from the RV Alliance of America, which is the number one
insurer of RVs all around the world. They are stating that, in
general, motorhomes are safer and a better insurance risk than
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June 27,2000
passenger vehicles, that people that own them are average age
of 64. They take better care of their things. They have great
driving records and that sort of thing. And I thought that would
be good for purposes of the record.
Furthermore, I think Mr. Chini from Crystal Lake will address
this. They have 300 RVs that are right across the street from the
school and there has never been one incident in the last seven
years or whatever that they have been coming in and out of there
with the school where anybody has impacted by an RV.
Basically, we've got a nice project. And we will have Mr.
Perry address the traffic issues. I will reserve any other time for
rebuttal of any --
CHAIRMAN CONSTANTINE: Okay. Thank you.
MR. OLLIFF: The first of four public speakers will be Ronald
Inge.
CHAIRMAN CONSTANTINE: I am sorry. Are you still part of
the presentation? This is a little bit disjointed. I am sorry.
MR. PERRY: Good afternoon. For the record, Jeff Perry from
Wilson-Miller. I will be glad to answer any specific questions you
have.
We did do a thorough traffic impact analysis on this
particular project. As you know, the project is just to the east of
the intersection of Immokalee Road and 951. The bulk of the
traffic entering and leaving the project will be traveling back
towards the west. All the destinations associated are in that
particular area. Some traveling south on 951, some continuing
further west towards -- towards 1-75.
The traffic generated by this particular type of project is
significantly less than you would expect at a comparable size
residential development. Single-family homes in an area like this
with a golf course, as this particular project has, typically would
generate about nine to ten trips per day for each of the
single-family residences. This type of development will generate
about one-third of that, about three trips per day, during peak
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June 27,2000
season.
The added advantage is that this is a very seasonal type of
occupancy. During the summer months there may be as little as
ten percent of the units actually there on-site. These are very
large, up-scale types of units. They travel one time into the
resort. They may stay there two or three months. They drag a
little car behind them. All of their vehicular traffic is by the
second vehicle that is dragged behind. The motorcoach itself
remains on the site for the duration of the stay. They have the
one exit out and are typically back on the road to their next
destination.
It's very low volume. We have an on-site golf course, which
has a tendency to keep a lot of the recreational trips on-site.
Again, contributing very little impact on the roadway.
We also have committed as part of our Planning Commission
commitment to not have any certificates of occupancy issued
until the widening of Immokalee Road that is currently under
construction is completed. That widening will be carried all the
way through the intersection about 1,200 feet towards our
project. We're about 2,500 feet from that intersection. So about
half the distance from the intersection is where the four laning
will actually come to an end, essentially picking up almost where
our turn lanes begin.
We feel we are in a very safe situation with the vehicles
entering and leaving the site. Traffic along Immokalee Road will
be mitigated substantially by the improvements that the County
is undergoing right now.
Any specific transportation questions I can answer, I will be
more than happy to do so.
CHAIRMAN CONSTANTINE: Commissioner Berry.
COMMISSIONER BERRY: One question. Is there a turn lane
if you were coming -- if you were westbound on Immokalee Road
or are you just putting a turn lane in eastbound?
Do you do it both direction?
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June 27,2000
MR. PERRY: Both directions. There is a westbound turn
lane, as well as eastbound turn lane I think is what the County
will require.
COMMISSIONER BERRY: Thank you.
CHAIRMAN CONSTANTINE: Okay. Anybody else on your
team want to speak?
MR. HENDERSON: My name is Randall Henderson. I
suppose I am on the team. I'm the president of Outdoor Resorts.
I want to, if I might, address a couple of specific issues that
came up from the staff at the Planning Commission that, I
believe, are adaptable probably in most instances to
conventional residential communities.
One, we would ask to investigate whether or not we could
work with our neighboring property owners to maintain through
streets as you would in a subdivision that is as ours. In this
instance we abut to our south a gated 24-hour security Crystal
Lakes and we also, if you look at the middle design up there --
the colored one -- we plan and hope to have a fenced -- if not a
walled community, at least a fenced and landscaped community
throughout with gates and 24-hour security.
So we would hope not to -- we weren't required. We were
asked to investigate by the staff and by the Planning
Commission. We have inquired of two of our abutting neighbors
and they don't favor opening their properties up to through traffic
and we would prefer not to ourselves.
The other incident has to do with sidewalks. We naturally
are going to be doing the sidewalk out on Immokalee and we
think that will serve a very useful purpose. But sidewalks inside
the facility, actually in front of the RV sites, motorcoach only,
don't really serve any purpose.
We're an eight mile an hour speed limit. We are -- again, we
have patrol security. At our other resorts the people use the
streets to jog, walk their dogs, ride their bicycles. And
sidewalks in non-dedicated streets and in a community for
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June 27,2000
recreational vehicles where we prohibit permits -- we do not
permit park models. We do not permit extended stay -- no fifth
wheels. They're all motorhomes. They all move. They are all
licensed chattel vehicular.
If I might, I have a couple of photos just to demonstrate
specifically what I'm speaking of. I don't know whether to take it
over here to be demonstrated or bring them -- okay. Thank you.
This is -- this is not addressed as an expense item either.
It's really just a simple aesthetics. We would just rather have as
much greenbelt as we possibly can within the property and not
put more concrete and more asphalt than is necessary to
accommodate the roadways or the actual pads upon which the
people park their motorhomes.
Again, the purpose of the photo on the screen there is
simply to demonstrate that in our other resorts -- we've been
building them for 30 years. And this is not a project type thing
that we do or don't do. It's just simply something we don't think
enhances the project. We would rather spend more on
landscaping out front or more in some beneficial way to enhance
the resort than to stick in sidewalks because that may be some
standard residential criteria.
And, again, as Tim mentioned earlier, we do intend to, if
approved, make it the highest quality facility that we have built
to date. And, thus far, we've built some pretty nice ones across
the country. Naturally, I certainly would be happy to answer any
questions.
CHAIRMAN CONSTANTINE: Questions?
Let's go to the public speakers.
MR. OLLIFF.' There seems to be one public speaker who
also may be a part of the team. Bill Chini.
MR. CHINI: Hi. Good afternoon. For the record, my name is
Bill Chini. I'm the manager of Crystal Lake Resort. I'm not part
of the team per se, but I was here for the Planning Board meeting
and felt it necessary to stop in and participate in this function.
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June 27,2000
In respect to Outdoor Resorts being our neighbor to the
immediate north, we fully welcome them. We had a vote
amongst our 489 lot owners in the facility and it was
wholeheartedly accepted by the community.
If I can make a comment in respect to traffic as manager of
the facility of 489 sites, I deal with this pretty much on a daily
basis. Quote, unquote, in season, as we call it here, these
vehicles as they come into the community kind of straggle in at
different hours. When you think of impact, as far as traffic, we
may in the course of the day in season, November through March
-- maybe you get eight or ten vehicles in a day, the RV vehicle.
And then, again, as Mr. Ferguson had alluded to, they unhook
their tow car and that's basically what they use to travel around
the community.
And basically the same thing happens when they exit the
area. Again, it could be after six weeks, three weeks, two weeks
or a month they hook up their tow vehicle and at different hours
during the course of the day. And most of the time it is not
during high traffic hours. It's basically kind of straggled
throughout the day. If there are any questions, I would be more
than happy to answer them in respect to our community.
COMMISSIONER BRANDT: Mr. Chairman, I don't know if it is
appropriate to ask this question of the petitioner or of the staff,
but it has to do with the turn lane again that would come out on
Immokalee Road. Both the left and right turn lanes.
I don't get a good feel for what that would look like and
there is a comment in the writeup that says that it depends on
whether you're exiting on a two-lane road as compared to the
four lanes that will ultimately happen, I think.
MR. KANT: Edward Kant. Transportation Services Director.
I will try to answer that for you, Commissioner.
Under a two-lane condition, the existing two-lane condition,
we will require both an eastbound right turn lane and a
westbound left turn lane. And the closest I can give you, if you
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June 27,2000
would like an example, is if you go down the road a mile or more
-- maybe it's more -- towards -- down at Twin Eagles area.
You will notice that there's a turn lane complex in front of
Twin Eagles. That's a little more complicated only because they
had a sales center on the south side while they were building the
north side. So that's got turn lanes both ways. But if you can
imagine something like that with a simple -- a little more simpler
in front of this development. That's what would be required of
the two-lane condition.
Under the four-lane condition, they would also have median
bays for making those turns. When we design that road, they will
have that. They will also have the right turn lane. We will
replace whatever is out there with the same or similar type of
facility.
COMMISSIONER BRANDT: And what would the petitioner's
responsibility be with respect to that change when you go to four
lanes?
MR. KANT: It depends upon the timing. Assuming for a
moment that they get their approvals and they start building and
they are ready to occupy in a little over a year when the western
segment of Immokalee Road has been completed, as was stated
by Mr. Perry, we're still going to be a good year or more away
from the four-laning. They will be required to put that turn lane
complex in as a condition of their certificate of -- or compliance.
When we come along and four lane, we will then replace it
like for like. That is, if there's a right turn lane, we will replace it
with a right turn lane. If there's a median bay in the center, we
will replace it with a median bay in the center. But the initial
expenses will be solely theirs.
COMMISSIONER BRANDT: Will there be any kind of traffic
control device needed there?
MR. KANT: As was pointed out earlier -- I believe it was Mr.
Ferguson who indicated there hadn't been any problems at all at
the entrance of Crystal Lake. I think that the record needs to
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reflect the fact that there is a traffic signal there that operates
school hours. At this location we do not believe that there is
going to be a traffic signal warranted from the size of this
development.
Although, on the north side where the Mulepen Quarry -- the
pit is, it's our understanding there's a development interest that
has taken or is considering taking that over and there may be a
development over there. If, in fact, in the future the signal
warrants are met and if their driveways line up and -- there's a lot
of ifs out there.
But if it works out, then there could be a traffic signal there.
But I -- we don't have a good crystal ball on that one.
COMMISSIONER BRANDT: Okay. Thank you.
CHAIRMAN CONSTANTINE: Thanks, Bill.
MR. OLLIFF: The next two speakers are Ronald Inge
followed by Wait Kozlowsky.
MR. INGE: Good afternoon, Mr. Chairman, and members of
the Board. My name is Ron Inge with Florida Rock Industries.
We operate the mining operation right across the street and
north of, if you look at the map, this particular application.
I've had an opportunity to speak before the Planning
Commission, as well as discuss with the applicants some of our
concerns, and proposed some language on June 9th that was
sent to Mr. Badamtchian, who forwarded to the applicant for
their consideration, to try to address issues that were concerns
to us.
Mr. Ferguson advised me that that language was
acceptable. I would ask that perhaps when he comes up later
you ask him to confirm that that language will be part of this
approval and recommended as such.
MR. BELLOWS: I would like to point out that Chahram
informed me that that change was made.
CHAIRMAN CONSTANTINE: What is that change?
MR. INGE: I am going to head down that path now. First, let
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June 27,2000
me address the issue that people have talked about and that's
the interest of U.S. Homes in our property. There are ongoing
discussions, but that operation is pending upon a large number of
issues, not the least of which is compliance with the Collier
County rules and regulations, and whether development should
occur in that area and so forth.
So from an operational standpoint, we have to view the
quarry as something that is going to go on for another couple of
decades. That's our life out there. And we expect that to occur,
unless something is successfully negotiated with U.S. Homes
and they receive all the approvals they need, which brings me to
my concerns.
That is, mining operations are typically located further out in
the rural areas because of their impacts on adjacent neighbors
through truck traffic, noise, blasting and those kinds of things.
And those are inherit issues in a mining operation. It has to
happen.
And when you locate further out from the urban areas,
there's no problem. But after awhile, and certainly in Florida, you
start to see urban uses intrude upon those rural activities, such
as mining. And when that happens everything is fine for a brief
period of time when the original developer is involved or some of
the original landowners are involved, but then there becomes a
series of questions, "Wait a minute. Why are they doing what
they are doing? And we find the blasting that they do and the
resultant vibrations particularly offensive. So we're going to
start complaining about that."
We see this happen throughout the country near our
operations when residential uses move nearby. And so then
what occurs is that, rather than stay with existing County
ordinances, which are designed to protect structures and people
from blasting activities, because of the number of complaints
that are generated there's efforts made to tweak those down to
make the mining operation less economical and much harder to
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June 27,2000
do,
As an example of that, in the Miami-Dade County area just
recently there were -- the mines were located out very far to the
west. Residential development moved nearby. A large number
of complaints started to be generated. So much so that the
County considered reducing the blasting levels because of these
complaints and felt, "Well, the prudent thing would be to
commission a study to see whether the complaints are valid or
not."
Dade County spent $200,000 to study the blasting issue and
the impacts that blasting has on adjacent residents and went so
far as to set seismographs in the residences, to have national
experts come in and inspect the residences. And what they
determined is that the blasting was not causing an impact to the
homes, but the perception that it was the issue. And the
ultimate conclusion in the report was that the winds
approximately 50 to 60 miles an hour in either Hurricane Andrew,
which were much higher, or Hurricane Irene caused the cracking
that the people saw in their residences and they just assumed
that it had to be those evil mining companies that were within
the mile or so.
We face this all the time. So what I've asked Mr. Ferguson
and Mr. Henderson to consider is advising all the folks that are
going to purchase property there, "Hey, there is a mining
operation nearby. There is blasting that is going to occur. And
as long as they operate within County rules and regulations,
you're going to be protected and you don't need to complain.
That's what those ordinances are designed to promote."
The blasting levels that Collier County has are two-thirds of
what the Federal U.S. Bureau of Mines has promulgated as being
levels at which structural damage, i.e. sheet rock cracking,
would occur. So we are at two-thirds of that Collier County wide.
And our blasting levels are generally around 60 percent of that,
even providing more of a buffer for protection.
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June 27,2000
Let me give a real-life example on our quarry on how this is
-- why this is an important issue. We have some neighbors that
have moved in across the street in the last few years -- last ten
years, I would say, but long after our operation was existing --
and have proceeded to complain recently about our blasting
levels. Now, they are at this time 20 to 25 percent of what the
Collier County rules allow, but that still doesn't alter the
perception.
So we have spent an enormous amount of time and energy
this year trying to alter the way we blast, to sequence the
blasting as such to reduce their perception that there is a
problem occurring and we haven't been able to be successful on
that. Of course, they have threatened to come down and tell you
all that they don't like what we do and ask for your intervention.
But those things happen because -- of people's perception about
blasting, rather than scientific facts and it impacts us even
today.
CHAIRMAN CONSTANTINE: Thank you.
MR. INGE: In other words, if the petitioner has agreed with
the language we have presented, then we have no objection to
the application.
CHAIRMAN CONSTANTINE: Thanks.
MR. OLLIFF: Last speaker is Wait Kozlowsky.
MR. KOZLOWSKY: My name is Wait Kozlowsky. I'm a
representative of Calusa Pines Golf Club. We're the owners of a
500-acre parcel adjacent to the Outdoor Resorts project on its
southeast.
We're aware that Outdoor Resorts of America has developed
numerous superior, up-scale projects throughout the United
States. We recently completed an independent analysis of one of
their resorts in Palm Springs and were quite satisfied with the
results. We believe this project if developed as expected in an
up-scale fashion will enhance the area. It will not increase the
traffic to any significance.
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June 27,2000
Therefore, we offer our support of this project and
encourage you to approve it as planned. Thank you.
CHAIRMAN CONSTANTINE: Okay. Thank you.
MR. OLLIFF: That's all.
COMMISSIONER MAC'KIE: Mr. Weigel, I have a question. I
want to make a comment. And I know that -- I want to be
careful that I'm am not lobbying on anybody's behalf. So I'm just
going to ask the question and you tell me if I should stop.
I received a stack of petitions and correspondence objecting
to this.
CHAIRMAN CONSTANTINE: Can I just ask that -- if you are
participating, that's okay. If you're not participating --
COMMISSIONER MAC'KIE: Tim, here is my question. Where
are they? They are not in my packet. I wondered if everybody
else had seen them or if I'm the only one who got them. Did anybody else get the petitions?
COMMISSIONER BERRY: I did get the petitions, I think, but
it has been awhile ago. It was early on, I believe, that I got the
petitions.
CHAIRMAN CONSTANTINE: Those would be from people
that are your clients?
COMMISSIONER MAC'KIE: No, no, no.
COMMISSIONER CARTER: I received the same thing,
Commissioner. And they're people, I think, from the project to
the south. The one project to the south. The golf --
COMMISSIONER BRANDT: The one I have is from the Pebble
Brook group.
COMMISSIONER BERRY: Which would be the client, right,
Pam?
COMMISSIONER MAC'KIE: My client is the developer of that
project and that's why I'm abstaining. But I was just concerned
that I haven't seen that anywhere here today. I was afraid I was
the only one who got that information. I wanted to be sure that
that's not the case.
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June 2?,2000
COMMISSIONER BRANDT: I received it.
CHAIRMAN CONSTANTINE: Mr. Ferguson, do you want to
wrap up here?
MR. FERGUSON: I will just make a couple of comments. We
had an 8-0 Planning Commission approval. I'm going to have to
object to anything coming in, as far as -- we've already recused
ourselves. We can't put anything on the record.
COMMISSIONER MAC'KIE: Please, let be perfectly clear. I
am not trying to put anything on the record. My inquiry was -- no.
I am going to be clear about this.
My inquiry is: Was I the only person who received those
petitions? If I were, then I might want to put something on the
record. Since I'm not, I don't have to.
COMMISSIONER CARTER: I will put it on the record that I
have received that petition.
MR. FERGUSON: If there any other questions, I would be
happy to entertain them. If not, I will leave it to the Board's
leisure.
CHAIRMAN CONSTANTINE: Any other questions for the
petitioner?
COMMISSIONER CARTER: Has there been any
conversations with the people to the south of you; what is their
objection to you being there?
CHAIRMAN CONSTANTINE: The people to the south have no
objection.
COMMISSIONER BERRY: People to the south are Crystal
Lake, Jim.
COMMISSIONER CARTER: Well, the people from Pebble
Brook.
COMMISSIONER BERRY: They are to the west. They are on
the west side of 951 or Collier Boulevard.
CHAIRMAN CONSTANTINE: How far away are they?
COMMISSIONER BERRY: A mile.
MR. FERGUSON: Mile and a half.
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June 27,2000
COMMISSIONER CARTER: Not adjacent.
MR. FERGUSON: Our understanding it's the same people
that objected to the last time when we were adjacent to them,
but we're not adjacent to them this time.
CHAIRMAN CONSTANTINE: Is this going to be a petitioner
or -- otherwise I will close the public hearing.
COMMISSIONER BERRY: Close the public hearing.
CHAIRMAN CONSTANTINE: We'll close the public hearing
and I will open it up for questions for the staff.
COMMISSIONER BERRY: I don't have any questions, but I do
have a comment. That when this group came in before and they
were interested in locating this project at the site that is now
considered Laurel Lakes--
COMMISSIONER MAC'KIE: Laurel Wood.
COMMISSIONER BERRY: Laurel Lake. I opposed the project
at that time because of the traffic on Immokalee Road. The
traffic in that particular section of the roadway is now being
addressed. This is now on the east side of Collier and 951.
I look at this as a compatible use for that property because
of the location of the Crystal Lake RV Resort, which is to the
south. I also look at it they're looking at the Class "A" type
motorhomes to go in there. This isn't looking at a, quote, travel
trailer type of operation. This is a little higher end. I am not
opposed to the other group, but this is what this particular
project is.
That's the reason I am going to support this project.
Because, in addition to that, the extension of the improvements
to Immokalee Road east of Collier Boulevard and also the
upcoming work that is to be done on Immokalee Road from this
area on out to the Orange Tree area or out to the County
extension office area. This roadway will have those
improvements that will be forthcoming within a very short time.
It's not like you're looking at five years out. You're looking -- for
the most part, the traffic issue is going to be addressed to this
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June 27,2000
area by the time they probably are opened or get their CO to
start operating. And then within a short period of time after that,
then the other roadway section will be addressed, as well.
And I don't -- having lived off of Immokalee Road, which I do,
and observing traffic that does go to the Crystal Lake Park, the
only thing I can say is I'm just jealous when I watch the big
motorhomes go by with all of their beautiful cars and what have
you. And they have not been a problem, from what I can observe,
on Immokalee Road. I don't think we have had one instance in
that section of roadway involving one of these motorhomes.
And at the time that they many times are leaving, you're
looking at past your hours where people are traveling to and from
work. They are not going to bound out at seven o'clock in the
morning and get into the commute traffic. So I would just -- I will
tell you that I will support the project from that particular group.
CHAIRMAN CONSTANTINE: When this petitioner came
forward before with the Laurel Wood site, what we said at the
time was, "Good looking project. It's in the wrong place. Find us
a more compatible place." That's exactly what they have done.
You look at that map and you look what's to the north and
what's to the south of them, you couldn't find a more compatible
place.
Questions for staff. Commissioner Brandt.
COMMISSIONER BRANDT: Mr. Olliff, I have a question with
regard to the package that you presented us. On page five it
says, "Staff recommends that a stipulation be added to the PUD
document to delay issuance of certificate of occupancy until the
four laning is complete."
I need to understand why the staff felt that and is this the
four laning from Collier Boulevard, 951, to 1-75 or to the four
laning to the east? That's not clear to me.
MR. BELLOWS: May I answer that?
COMMISSIONER BRANDT: Yes, please.
MR. BELLOWS: It's intended to be that road segment from
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June 27,2000
1-75 to Collier Boulevard. And I would like to have that language
cleared up and we'll put a clarification in.
Also, we would like to make another clarification to Section
6.7 of the PUD document dealing with language when
landowners would be notified of -- or property owners be notified
of the land mining operation. We would like the last part of that
sentence to be deleted. And just to -- we agree that we will
notify the residents that there is a land mining operation.
COMMISSIONER BRANDT: Okay. That's the issue that was
raised earlier by the mining company.
COMMISSIONER CARTER: Do they have to sign anything? If
I buy a lot there, do I have to sign that I recognize that there is a
land mining operation and, therefore, I will never complain about
that?
CHAIRMAN CONSTANTINE: Can we get a yes on the record?
MR. FERGUSON: When we provide an offering statement
that language will be in there. We had some language that the
people would waive their right to complain, unless it exceeded
State or local ordinances. And I understand there is a first
amendment problem with that and we're going to strike the
waiver, but the language will still be there that they are not
entitled to complain unless it exceeds County or State
regulations.
COMMISSIONER BRANDT: Okay. Help me understand why
the staff recommended that stipulation to be added that says,
"Delay issuance of certificate of occupancy until the four laning
is complete."
MR. MULHERE: Yes.
COMMISSIONER BRANDT: Why?
MR. MULHERE: That was added because -- I think,
independent of the transportation staff. Post four laning will --
will minimize the difficulties or problems since a lot of traffic will
be traveling west on Immokalee Road generated -- a certain
percentage of traffic generated by this project will be traveling
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June 27,2000
west on Immokalee Road. So if it's post four laning, there's
going to be less of a problem. I just wanted to point out to you
that on page 36 of your executive summary there -- the
stipulation is spelled out in greater detail and does identify that
as the segment west of 1-75.
COMMISSIONER BRANDT: Okay. And there will be -- there
will be a requirement?
MR. MULHERE: I would like to speak to that issue, if I
might. I think I mentioned, Bob Mulhere, Planning Director. I'm
not sure. In my opinion -- I just saw the sort of new language
that was offered up to require purchasers to become aware of
the fact that blasting might occur and that there was a rock
quarry. I think the County's only obligation -- and I have no
problem with the stipulation that requires notification, but I think
that's really where it stops.
The waivers and those types of things I think are not our
obligation. That is an agreement that should take place between
the two property owners, if that's necessary. And I believe that
the only language that we need to have in the PUD -- because I
think it is important that purchasers be made aware of the fact
there is an ongoing mining operation there -- would be the
sentence, "All prospective purchasers must be notified that a
land mining operation with periodical blasting occurs on the
north side of Immokalee Road," or something similar to that
effect. That's really all I think we need.
COMMISSIONER BRANDT: If I may just --
CHAIRMAN CONSTANTINE: Certainly.
COMMISSIONER BRANDT: One more thing -- again, coming
right back to the stipulation about certificate of occupancy. How
will that stipulation be worded if we approve this today?
MR. MULHERE: It would be worded, "No certificate of
occupancy shall be issued for any motorcoach site until the four
laning of Immokalee Road between 1-75 and Collier Boulevard,
951, is complete."
Page t51
June 27,2000
COMMISSIONER BRANDT: Thank you.
CHAIRMAN CONSTANTINE: I am a little bit concerned. I
understand the County doesn't want to insert itself in the middle
of legal issue here, as far as the waiver and so on, but when you
say, "Gee, it has got to be notified somewhere," you know, if you
buy a property, you participate in a real estate transaction and
there is a stack of papers this thick and somewhere in there it
says something about it --
MR. MULHERE: What we would --
CHAIRMAN CONSTANTINE: I would like to go further than
that. And I think in order to be fair to that use that has been in
place for at least a decade, we need to go a little further than
just having that appear somewhere.
MR. MULHERE: What we have done in the past is -- for
example, with airports. I mean, airports -- it's recorded in the
deed. Now, I agree that that does put some responsibility on the
prospective buyer to look at what is contained in the contractual
agreement and in the deed, but it's recorded. And when they
sign those documents, most people have an attorney, maybe not
everybody does.
My concern is that we not go so far as to require that a
waiver of any ability from therefore -- from that point forward to
complain about it --
CHAIRMAN CONSTANTINE: I just want to make sure that it
is clear to anybody that chooses to go there.
COMMISSIONER BERRY: Well, I have to tell you, Tim, unless
these people are absolutely -- have no sight at all, I don't know
how you're going to miss that rock mining operation out there. I
don't know. Maybe a little different with an airport.
If the airport is down here and you buy a house over in
another -- across the street and up the road a ways and if you
don't happen to come down by the airport you might not know,
but even that is a stretch. But in this case, I don't know how in
the world you can possibly miss the rock quarry.
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June 27,2000
COMMISSIONER CARTER: I know. But I've got a bad
experience in my district that I would -- the war that's in there
that says, "You bought it. You knew it." You still -- if it exceeds
an ordinance, you have a right to complain, but don't come back
to me and say, "Well, I never saw it."
COMMISSIONER BERRY: Jim, I'm telling you the same -- I
am telling those people the same thing because you can see it
from the Boulevard that goes into that whole area up there.
COMMISSIONER CARTER: I would think they would know
what it is, but some people -- I never know. Anything you can
put in that contract, I want it there so that they clearly
understand.
COMMISSIONER BERRY: A little bit of this, I think, is
personal responsibility.
MR. FERGUSON: We're required by law to provide that in our
sales material.
CHAIRMAN CONSTANTINE: Unless there are other
questions, what is the pleasure of the Board?
COMMISSIONER BERRY: I would like to move approval of
this project with all the language, stipulations, as stated
regarding the -- not requiring them to have the sidewalks. They
don't have to do the interconnect. And the language being
contained in regard to the rock mining operation as we have
stated on the record.
CHAIRMAN CONSTANTINE: The Inge amendment?
COMMISSIONER BERRY: The Inge amendment. That would
be fine.
COMMISSIONER BRANDT: Does that include the stipulation
about certificate of occupancy?
COMMISSIONER BERRY: And the certificate of occupancy.
I think that's all part of the language.
COMMISSIONER BRANDT: Then I can second that.
CHAIRMAN CONSTANTINE: Motion and a second. Further
discussion? Seeing none, all those in favor, please state aye.
Page 153
June 27,2000
COMMISSIONER BRANDT: Aye.
COMMISSIONER BERRY: Aye.
CHAIRMAN CONSTANTINE: Aye.
COMMISSIONER CARTER: Aye.
CHAIRMAN CONSTANTINE: Motion carries 5-0.
COMMISSIONER MAC'KIE: Four.
CHAIRMAN CONSTANTINE: I am sorry. 4-0. One
abstention.
Item #12B2
ORDINANCE 2000-50, RE PETITION PUD-2000-05, MICHAEL R.
FERNANDEZ, AICP, OF PLANNING DEVELOPMENT, INC.,
REPRESENTING JOHN J. NEVINS, BISHOP OF THE DIOCESE OF
VENICE REQUESTING A REZONE FROM ITS CURRENT ZONING
CLASSIFICATION OF "A" RURAL AGRICULTURAL TO "PUD"
PLANNED UNIT DEVELOPMENT TO BE KNOWN AS THE MISSION
CHURCH - ADOPTED
Item t2 (B) (2) has a companion item, 13 (A) (4).
Have we received any objection to these?
MR. BELLOWS: Which item?
CHAIRMAN CONSTANTINE: The church items.
MR. BELLOWS: PUD 2005?
CHAIRMAN CONSTANTINE: Yeah.
MR. BELLOWS: No objections.
COMMISSIONER CARTER: The parking lot -- yeah.
COMMISSIONER BERRY: Those aren't the same thing, Tim.
CHAIRMAN CONSTANTINE: PUD 2005. I don't know.
MR. REISCHL: Fred Reischl, Planning Services. Those are
not companion items. They're Diocese of Venice, but two
different churches.
CHAIRMAN CONSTANTINE: I'm sorry. Companions for my
Bishop.
Page 154
June 27,2000
Let's just keep them separate then. Petition 2000-5. Let's
have everybody stand and be sworn who may choose to
participate in this in any way, shape or manner. (All witnesses were sworn in.)
CHAIRMAN CONSTANTINE: I will close the public hearing.
COMMISSIONER BERRY: I would like to move approval of
this item.
COMMISSIONER MAC'KIE: Second.
CHAIRMAN CONSTANTINE: Motion and a second.
Anybody signed up?
Great. All those in favor, please state aye.
(Unanimous vote of ayes.)
CHAIRMAN CONSTANTINE: Motion carries 5-0.
COMMISSIONER BERRY: And that church does have a
name, by the way. St. Agnes.
COMMISSIONER MAC'KIE: St. Agnes.
CHAIRMAN CONSTANTINE: Who, of course, is the patron
saint of--
COMMISSIONER MAC'KIE: Anybody know?
COMMISSIONER BERRY: I haven't read the Book lately.
COMMISSIONER MAC'KIE: She's the patron saint of--
UNKNOWN FATHER: Well, actually it's Father Blackin's
mother.
COMMISSIONER MAC'KIE.' There you go.
CHAIRMAN CONSTANTINE: Father Blackin's mother, let the
record reflect.
COMMISSIONER BERRY: Is that right? Is that true?
UNKNOWN FATHER: It's his mother's first name.
Item #12Cl
ORDINANCE 2000-51 AMENDING ORDINANCE 99-51, THE WEEDS,
LITTER AND EXOTICS CONTROL ORDINANCE - ADOPTED
Page 155
June 27,2000
CHAIRMAN CONSTANTINE: 12 (C) (1), to amend ordinance --
has not yet be deified. We're not sure.
To amend ordinance 99-51, the weed, litter and exotics
control ordinance.
MS. ARNOLD: For the record, Michelle Arnold, Code
Enforcement Director.
CHAIRMAN CONSTANTINE: Do I need to close the public
hearing on this, Mr. Weigel?
MR. WEIGEL.' Yes, you do. We have one public speaker on
this.
MR. OLLIFF: You do. David Ellis.
MR. ELLIS: Okay. But if you're all moving it along, that's
fine. I can --
CHAIRMAN CONSTANTINE: That's great. He's waived that.
We'll close the public hearing.
Commissioner Carter.
COMMISSIONER CARTER: I move for approval.
COMMISSIONER MAC'KIE: Second.
CHAIRMAN CONSTANTINE: Motion and a second. Any
discussion? Seeing none, all those in favor please state aye.
Anybody opposed?
(No response.)
CHAIRMAN CONSTANTINE: Motion carries 5-0.
Item #13A2
RESOLUTION 2000-198, RE PETITION V-2000-12, RICHARD
BARANSKI, REPRESENTING MICHAEL BROWDER, REQUESTING
AN AFTER-THE-FACT VARIANCE OF 1.5 FEET FROM THE
REQUIRED 10-FOOT REAR YARD SETBACK FOR ACCESSORY
STRUCTURES TO 8.5 FEET FOR PROPERTY LOCATED AT 6630
NEW HAVEN CIRCLE - ADOPTED
13 (A) (2), V-2000-12, after-the-fact variance of 18 inches.
Page 156
June 27, 2000
All those who are going to participate in this in any way, shape
or manner, please stand and be sworn. (All witnesses were sworn in.)
MR. REISCHL: Fred Reischl, Planning Services. This is a
request for an after-the-fact variance of a foot and a half in the
Crossings subdivision. You can see on the screen it backs up to
a lake preserve easement.
CHAIRMAN CONSTANTINE: Is there a story?
MR. REISCHL: Yes. The original survey for the pool was
submitted and it showed the foot and a half encroachment. It
was approved by the customer service agent. When the owner
went to --
CHAIRMAN CONSTANTINE: Hold on right there. I will close
the public hearing.
COMMISSIONER MAC'KIE: Motion to approve since we
messed up.
COMMISSIONER CARTER: Second.
COMMISSIONER BERRY: Nothing more to say.
CHAIRMAN CONSTANTINE: Not a whole lot we can do
there, if we made the mistake.
We have a motion and a second.
COMMISSIONER CARTER: Second.
CHAIRMAN CONSTANTINE: Discussion?
Seeing none, all those in favor please state aye.
(Unanimous vote of ayes.)
CHAIRMAN CONSTANTINE: Thank you. Motion carries 5-0.
Item #13A4
RESOLUTION 2000-199, PETITION-2000-01, R.J. WARD OF
SPECTRUM ENGINEERING, INC., REPRESENTING BISHOP JOHN
J. NEVINS OF THE DIOCESE OF VENICE, REQUESTING PARKING
EXEMPTION APPROVAL FOR ST. PETER THE APOSTLE CHURCH
FOR OFF-SITE PARKING ON THE SOUTH SIDE OF RATTLESNAKE
Page 157
June 27, 2000
HAMMOCK ROAD ACROSS FROM THE HAWAII BOULEVARD
INTERSECTION - ADOPTED
And Petition PE-2000-1, Bishop John J. Nevins. I suppose
we could swear people in, but I'm going to close the public
hearing instead.
COMMISSIONER MAC'KIE: Are there any speakers?
MR. OLLIFF: No, there are not.
COMMISSIONER MAC'KIE: Motion to approve.
COMMISSIONER CARTER: Well, okay. I can second that.
CHAIRMAN CONSTANTINE: What? I will second that.
Discussion?
COMMISSIONER CARTER: I have a question. Is this going to
be -- there were some questions raised by correspondence that
if we clear cut this lot there may be flooding issues. Have we
looked at this? Are we going to just clear cut, create a lot and
cause flooding issues or have those been addressed?
MR. REISCHL: Fred Reischl, Planning Services. The change
in the LDC last year that allowed this parking exemption, instead
of the old petition off-site parking -- off-site parking, the
petitioner had to submit a site development plan with it. The
change in the code now allows the petitioner to seek whether
they would be allowed to do it first before a site plan is
submitted.
So, therefore, in answer to your question, no, we don't have
a site plan yet that shows that; however, they will have to meet
all current commercial site plan regulations, which --
CHAIRMAN CONSTANTINE: Which requires you to handle
water --
MR. REISCHL: Water management, landscape buffers 15
feet adjacent to the residential parcels, plus, in conversations
with Mr. Ward, they are going to have an area that they are going
to have at some future time build a parish center and are not
going to have parking on that at this time. And, plus, in a church,
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June 27,2000
70 percent of the parking is permitted to be grass parking.
COMMISSIONER CARTER: So we'll see this again?
MR. OLLIFF: No.
MR. REISCHL: The site plan would be administrative.
MR. OLLIFF: The site plan is administrative, but I think the
short answer to your question in terms of drainage is that the
draining requirements require that whatever the development is
required to retain all the water that historically would have been
retained on that property and release it at the same levels that
historically that property would have released it.
CHAIRMAN CONSTANTINE: So the site development plan
cannot be approved if it fails to do that?
MR. OLLIFF: Correct.
COMMISSIONER CARTER: Okay.
CHAIRMAN CONSTANTINE: We have the motion.
second. Do we have further discussion?
We have a
Seeing none, all those in favor of the motion please state
aye.
(Unanimous vote of ayes.)
CHAIRMAN CONSTANTINE:
acclaim. That concludes the
regular agenda.
Motion carries with unanimous
Item #14A
STATUS OF FILM COMMISSION
We have do have under staff communications at least one
item. Status of the Film Commission.
MR. OLLIFF: Just a quick update. The Board was interested
in getting a follow-up. The Film Commission's recording, in terms
of the telephone, has been changed to reflect a temporary
number where -- COMMISSIONER MAC'KIE: Madge McCarty.
MR. OLLIFF: -- Ms. McCarty is located. We have secured a
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June 27,2000
new facility and office space at Cambier Park and have been
working with the City and have that secured. COMMISSIONER MAC'KIE: Good.
MR. OLLIFF: We've obtained written approval from the
Chamber to utilize the same Film Commission telephone number.
We are finalizing a procurement for the balance of this fiscal year
for Ms. McCarty and she will be functioning as a contracted
employee.
And then we are also developing an agreement for her
services. It would begin in October and be for the balance of the
next fiscal year. So I think everything that the Board was
looking for us to do short-term has been accomplished and we're
looking at the longer term contract for her next year.
Item #8D1 - Continued from earlier in the meeting
AUTHORIZATION TO PURCHASE A SHERMAN TANK TO BE
DISPLAYED AS A PERMANENT MEMORIAL AT THE COLLIER
COUNTY MUSEUM TO COMMEMORATE THE VALOR AND
SACRIFICE OF VETERANS WHO SERVED IN WORLD WAR II -
APPROVED WITH CONDITIONS
CHAIRMAN CONSTANTINE: We had a couple of items that
we continued earlier-- tabled. One was 8 (D). We'll remove that
from the table. That was the tank.
MR. JAMRO: Good afternoon, Commissioners. Ron Jamro,
Museum Director. We appreciate this opportunity for a second
run at this hopefully with the information that you require. I gave
Mr. Olliff copies of the sales agreement that was faxed to us a
little while ago. We do -- we can answer now definitively we
have 30 days on -- this will be held for us for 30 days. And
beyond that, any -- any other questions, comments of how we got
to this point, the negotiations?
I brought David Southhall from our museum staff along for
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June 27,2000
questions and the Veteran's Council is represented here, as well.
COMMISSIONER MAC'KIE: How much time do you think it
will take to raise the money to repay this loan if the County
makes it?
MR. JAMRO: Oh, gosh. That's almost impossible to say. I
think I have seen a very good response thus far. I don't believe it
will take -- I will say five years tops.
Am I in trouble; what do you think?
COMMISSIONER MAC'KIE: I want to do this. It's just when
prioritizing how to spend County money, it's tough for me to say,
"Spend $50,000 on a tank," when I have issues that -- Healthy
Kids is one I'm going to bring up every time that we don't spend
money on. I don't know if this is the right thing to do, unless we
have some assurance that the money is coming back. Anybody else feel that way?
CHAIRMAN CONSTANTINE: I agree. It's a neat idea. It's a
fitting memorial out there or dedication to our veterans. But to
say, "Jeez, I don't know. Maybe in five years we can pay."
You know, even Wilkinson House you were criticizing a
week ago because it's going to take them a couple of years to
raise $2 million and saying, "Jeez."
How much proof is there of public support for it and now five
years for $50,000 -- less than 50,000.
MR. JAMRO.' Well, I'm just offering that figure. I don't know
that to be the truth. And this could go a lot easier--
CHAIRMAN CONSTANTINE: I was thinking, you know, six
months or 90 days or something.
COMMISSIONER BRANDT: No more than a year.
COMMISSIONER MAC'KIE: What if I made a motion to
approve it if within the 30-day period you've raised half the
money?
I mean, how--
CHAIRMAN CONSTANTINE: I don't think that's unfair. How
hard -- I don't mean this as flip as it sounds, but if there is the
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June 27~2000
support that you've generated, $24, 000, you ought to be able to
COMMISSIONER MAC'KIE.' I want to do this, but somebody --
I don't know if you can do it.
COMMISSIONER CARTER: I am confused here. I thought
one --
MR. JAMRO: I need to talk to the veterans groups and see
how confident they are about that. That is a --
CHAIRMAN CONSTANTINE: Would you rather have us say no
outright?
MR. JAMRO: No, no. I just don't want to come back before
you and say, "1 am sorry. We failed you."
COMMISSIONER MAC'KIE: Well, I guess what I'm saying is
we would make -- I guess I will make a motion that we approve
the loan in the amount requested. And that it -- that the amount
be issued in 30 days if--
CHAIRMAN CONSTANTINE: You're really approving half--
COMMISSIONER MAC'KIE: Right. If $20,000 has been raised
in 30 days, that the full loan amount will be granted, but $20,000
will already be pledged for repayment.
COMMISSIONER CARTER: And that the remainder would be
repaid within 12 months?
COMMISSIONER BRANDT: Uh-huh.
MR. JAMRO: I'm reminded that this not the best fundraising
time of the year in the summer. Generally that happens during
our --
CHAIRMAN CONSTANTINE: It is what it is. I think that's
fair. That is completely consistent with what we did with the
Marco Island Historical Society a week ago or two weeks ago.
That's completely consistent with what we did with the
Historical Society and the Wilkinson House. I think it's a fair
compromise.
It gives an opportunity to do it, but you've got to show that
there is some support out there. $20,000 within the 30 days and
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June 27,2000
we'll provide the balance, assuming that balance is going to be
repaid in 12 months. That's fair.
COMMISSIONER MAC'KIE: That's my motion.
CHAIRMAN CONSTANTINE: Is there a second for that?
COMMISSIONER BRANDT: I second that.
MR. OLLIFF: I need to point out the Clerk of Courts and the
Finance Director have indicated that we can't loan money. So it
would be -- the County would make this purchase and then we
would set up an agreement that -- there is a way to do. We
simply can't call it a loan. We can pay for it and then they can
make contributions and fund raise and provide it in another way.
It's simply not a loan to The Friends. We'll structure an
agreement that meets the direction of the Board.
COMMISSIONER MAC'KIE: My motion incorporates that
direction.
COMMISSIONER BRANDT: I will second that.
CHAIRMAN CONSTANTINE: Motion and a second. Further
discussion? All those in favor state aye. Anybody opposed?
(No response.}
CHAIRMAN CONSTANTINE: Motion carries 5-0. Thank you.
COMMISSIONER BRANDT: When do we see this tank?
MR. JAMRO: Excuse me?
COMMISSIONER BRANDT: When do we see the tank?
MR. JAMRO: In 30 days. You have given us a tall order
there, but we'll give it a shot.
COMMISSIONER MAC'KIE: You can do it.
CHAIRMAN CONSTANTINE: The other item was 10 (A). We
just wanted -- I was concerned that position, to the best of my
knowledge, was not dedicated to a particular organization. I
wanted to confirm that.
COMMISSIONER MAC'KIE: 10 (A} is what?
CHAIRMAN CONSTANTINE: The appointment -- one of The
Conservancy members had stepped down. It just seemed to me
-- unless that is dedicated to The Conservancy, we're going to
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June 27,2000
get complaints unless we advertise it. She may well be the best
person for it, but we need to go through the exercise.
MR. CAUTERO: Vince Cautero, for the record. We've
checked the agreements and the extensions of the Lake Trafford
Task Force itself, which goes to May 7th of '01. There is no
requirement that that slot be dedicated to a Conservancy
employee or official.
CHAIRMAN CONSTANTINE: Can we advertise that, Ms.
Filson?
MS. FILSON: Yes, sir, I will.
CHAIRMAN CONSTANTINE: Thank you.
Mr. Weigel, anything you need to add today?
Item #14B
INTRODUCTION OF ASSISTANT COUNTY ATTORNEYS PATRICK
WHITE, ELLEN CHADWELL AND WILLIAM MOUNTFORD-
INTRODUCED
MR. WEIGEL: Yes, briefly. That is, I would like to introduce
to the Board our three new attorneys. We have here with us
Patrick White over behind Vince Cautero. Patrick comes to us
from the Lee County Attorney Office. He's our new land use
attorney. He comes at their significant loss and we are very
pleased to have him.
To my right here is Ms. Ellen Chadwell. She is our new
imminent domain attorney. She's been with us about two weeks.
Already very productive. I am very pleased at her writing
samples. She's formerly of a Tallahassee law firm, most recently
with Price, Siket here in Naples.
Last, and certainly not least, is Mr. Bill Mountford, our new
litigation attorney who came to our office starting yesterday.
Most recently he's been with the State Attorney General's Office.
I am very pleased to have him.
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June 27,2000
One last thing I would like to say to correct the record, that
is, in regard to 10 (D), the prior evaluation report, in discussing
about bad advice from the County Attorney, if we're going to go
back to January of 1997 please recall and remember that the
advice I give is legal. And if a majority of the Board at that time
accepts that legal advice and makes their policy decision, it's
not that the advice was bad, it's that the decision or policy of the
Board at that time was bad.
And since that time, October 1998, my contract was
renewed. And, Ms. Mac'Kie, you yourself spoke highly of me and
my performance at that time. So I just want to keep the
chronology and the record straight. I have little opportunity at
the public forum and the statement was made and I felt it needed
to be corrected on the record.
COMMISSIONER MAC'KIE: Let me --
MR. WEIGEL: Beyond that, I look forward to working with
yOU,
COMMISSIONER MAC'KIE: And I do, too, David. And I
appreciate that and I want to be fair about it. My -- just so I have
communicated clearly, do I not recall correctly?
Because I thought if I were the County Attorney at the time I
would have said, "You may choose to amend this contract, but
I'm going to tell you that it won't be legally enforceable." MR. WEIGEL: No, no.
COMMISSIONER MAC'KIE: I recall that being your --
MR. WEIGEL: Absolutely. That was my advice. In fact, the
question came to me from the Clerk's Office itself. "Can this be
done? Can it please be done?"
I looked and I said, "Yes, it can be done with the consensus
of both of the parties," and the fact that that was an operational
part of the contract that had not yet finished.
COMMISSIONER MAC'KIE: I guess I disagree that that was
the appropriate legal advice. I think it could not be done. That is
what my objection is.
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June 27,2000
MR. WEIGEL: Yes. Thank you.
CHAIRMAN CONSTANTINE: Correction noted.
Commissioner Berry, anything?
COMMISSIONER BERRY: I wouldn't think of it.
CHAIRMAN CONSTANTINE: Commissioner Brandt, any
comments at the conclusion of day one?
COMMISSIONER BRANDT: I think it's an interesting process
that we go through here.
COMMISSIONER BERRY: I bet you do.
CHAIRMAN CONSTANTINE: Commissioner Carter?
COMMISSIONER CARTER: No, nothing further.
COMMISSIONER MAC'KIE: Nothing else.
CHAIRMAN CONSTANTINE: Everybody have a good holiday.
We will see you in a couple of weeks.
Commissioner Mac'Kie moved, seconded by Commissioner
Carter, and carried 5/0, that the following items under the
Consent and Summary Agenda be approved and/or adopted:
Item #16A1
AGREEMENT TO ACCEPT A DERELICT VESSEL REMOVAL GRANT,
IN THE AMOUNT OF $4,165.20, FROM THE FLORIDA FISH AND
WILDLIFE CONSERVATION COMMISSION FOR ARTIFICIAL REEF
CONSTRUCTION
Item #t 6A2
AGREEMENT WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION TO CONDUCT AMBIENT AIR QUALITY MONITORING
Item #16A3
AWARDED BID 00-3068 TO ASTORIA PACIFIC INTERNATIONAL
TO OBTAIN AN AUTOMATED FLOW ANALYZER, IN THE AMOUNT
Page t66
OF $33,180
June 27,2000
Item #16A4 - Moved to Item #8A4
Item #16A5
RESOLUTION 2000-182 THROUGH 184 AND AGREEMENTS,
AUTHORIZING 100% WAIVER OF IMPACT FEES FOR THREE
HOUSES TO BE BUILT BY HABITAT FOR HUMANITY ON LOT 13,
BLOCK 9, NAPLES MANOR LAKES; LOT 12, BLOCK 9, NAPLES
MANOR LAKES; AND LOT 2, BLOCK 2, NAPLES MANOR
EXTENSION, RESPECTIVELY
Item #16A6
ASSIGNMENT AGREEMENT FOR EASEMENT FOR BENTGRASS
BEND AT PELICAN MARSH FOR WATER AND SEWER FACILITIES
Item #16A7
FINAL ACCEPTANCE OF WATER UTILITY FACILITIES FOR VILLAS
AT GREENWOOD LAKE SALES TRAILER
Item #16A8
FINAL PLAT OF "OSPREY ISLE AT CARLTON LAKES"
Item #16A9
FINAL PLAT OF "NAPLES LAKES COUNTRY CLUB UNIT TWO"
AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND
MAINTENANCE AGREEMENT AND APPROVAL OF THE
PERFORMANCE SECURITY WITH STIPULATIONS
Page 167
Item #16A10
June 27,2000
FINAL PLAT OF "PRESERVE COMMONS" AND APPROVAL OF THE
STANDARD FORM CONSTRUCTION AND MAINTENANCE
AGREEMENT AND APPROVAL OF THE PERFORMANCE SECURITY
WITH STIPULATIONS
Item #16A11
RESOLUTION 2000-185 AND AGREEMENT, AUTHORIZING A 75%
DEFERRAL OF IMPACT FEES FOR ONE HOUSE TO BE BUILT BY
BENJAMIN AND IRIS SANCHEZ AT 170 GOLDEN GATE BLVD., IN
GOLDEN GATE ESTATES
Item #16A12
FOURTH AMENDMENT TO THE FY2000 TOURISM AGREEMENT
APPROVED IN 1999 WITH THE TOURISM ALLIANCE OF COLLIER
COUNTY REGARDING THE FILM OFFICE
Item #16A13
BUDGET AMENDMENT TO APPROPRIATE FUNDS FOR LEGAL
SERVICES RELATED TO THE GROWTH MANAGEMENT PLAN
Item #16A14
FINAL PLAT OF "BLOCK E KENSINGTON PARK PHASE TWO
REPLAT"
Item #16B1
RESOLUTION 2000-186, DECLARATION OF EASEMENT FOR
COUNTY-OWNED PROPERTY LOCATED ON GOLDEN GATE
Page 168
BOULEVARD
June 27,2000
Item #16B2 - Moved to Item #8B3
Item #16B3 - deleted
Item #16B4 - deleted
Item #t6B5
AMENDMENT NO. 13 TO THE PROFESSIONAL SERVICES
AGREEMENT WITH HOLE MONTES & ASSOCIATES, INC. FOR THE
IMMOKALEE ROAD PHASE II (I-75 - CR 951), PROJECT #69101, IN
THE AMOUNT OF $39,545
Item #16B6
METROPOLITAN PLANNING ORGANIZATION (MPO) BUDGET FOR
GRANT YEAR 2000-01
Item #16B7
AMENDMENT NO. 10 TO THE PROFESSIONAL SERVICES
AGREEMENT WITH HOLE MONTES & ASSOCIATES, INC. FOR
LIVINGSTON ROAD NORTH FOUR LANING MSTU, PROJECT
#65041, IN THE AMOUNT OF $515,315
Item #16B8 - Continued to 8/1/2000
Item #16B9
BUDGET AMENDMENT FOR DESIGN SERVICES AND
INSTALLATION OF TRAFFIC SIGNAL SYSTEMS ADDED TO THE FY
2000 TRAFFIC SIGNAL PROGRAM
Page 169
June 27,2000
Item #16B10
AWARDED CONSTRUCTION CONTRACT TO BETTER ROADS FOR
THE PATHWAYS 2000 PROJECT, BID NO. 00-3080, IN THE
AMOUNT OF $371,058
Item #16B11
AWARDED CONSTRUCTION CONTRACT TO APAC-FLORIDA, INC.,
FOR INTERSECTION IMPROVEMENTS AT IMMOKALEE ROAD AND
RANDALL BOULEVARD, BID #00-3084, IN THE AMOUNT OF
$428,864.29
Item #16B12
CHANGE ORDER #2 FOR WORK ORDER #TE-98-TO-05 ASSIGNED
TO TINDALE-OLIVER & ASSOCIATES, INC. FOR ROADWAY AND
TRAFFIC SIGNAL IMPROVEMENTS ON GOLDEN GATE PARKWAY
AT CORONADO PARKWAY~ IN THE AMOUNT OF $70,500
Item #16B13
WORK ORDER NO. JEN-FT-99-1-1A WITH JENKINS & CHARLAND,
INC., IN THE AMOUNT OF $14,800, AND WORK ORDER NO. PHA-
FT-99-3-2A WITH PITMAN-HARTENSTEIN & ASSOCIATES, INC., IN
THE AMOUNT OF $24,087, FOR PARTIAL CEI INVOLVEMENT
DURING THE CONSTRUCTION OF THE PROPOSED PALM RIVER
BLVD. BRIDGE REPLACEMENT & UTILITY RELOCATION,
PROJECT NO. 69133
Item #16B14
AWARDED CONSTRUCTION CONTRACT TO LANDSCAPE
Page170
June 27,2000
FLORIDA, FOR RADIO ROAD MEDIAN LANDSCAPE
IMPROVEMENTS, BID NO. 00-3072, IN THE AMOUNT OF
$601,683.63
Item #16B15
CONTRACT FOR CONSTRUCTION ENGINEERING INSPECTIONS
SERVICES BY WILSONMILLER, FOR PINE RIDGE ROAD WIDENING
FROM AIRPORT ROAD TO LOGAN BOULEVARD, PROJECT NO.
601 t 1, CIE NO. 41, IN THE AMOUNT OF $1,078,690
Item #16Bt 6
RESOLUTION 2000-187, APPOINTING AND AUTHORIZING THE
PUBLIC UTILITIES ADMINISTRATOR, THE TRANSPORTATION
ADMINISTRATOR, THE TRANSPORTATION OPERATIONS
DIRECTOR, THE TRANSPORTATION PLANNING DIRECTOR, THE
ENGINEERING & CONSTRUCTION MANAGEMENT DIRECTOR,
AND THE STORMWATER MANAGEMENT DIRECTOR TO EXECUTE
GRANT APPLICATIONS, PERMIT APPLICATIONS, AND OTHER
DOCUMENTS PERTAINING TO THE CONSTRUCTION OF PUBLIC
WORKS IMPROVEMENT PROJECTS
Item #16B17
STAFF RANKING OF FIRMS AND BEGIN CONTRACT
NEGOTIATIONS WITH RWA, INC., WILSONMILLER, INC. AND
AMERICAN CONSULTING ENGINEERS FOR DESIGN AND
PERMITTING OF GOLDEN GATE PARKWAY FROM AIRPORT ROAD
TO SANTA BARBARA BOULEVARD, PROJECT NO. 60027
Item #16B18
SUPPLEMENTAL AGREEMENT NO. 2 TO THE PROFESSIONAL
Page t 71
June 27,2000
SERVICES AGREEMENT WITH JOHNSON ENGINEERING, INC.,
FOR GOODLETTE-FRANK ROAD IMPROVEMENTS BETWEEN PINE
RIDGE ROAD AND VANDERBILT BEACH ROAD, PROJECT NO.
60134, CIE #657 IN THE AMOUNT OF $300,000
Item #16B19
DONATION AGREEMENT AND ACCEPT A DRAINAGE EASEMENT
FROM PALM RIVER, L.L.C. FOR ESTABLISHMENT OF DRAINAGE
IMPROVEMENTS WHICH BENEFIT WILLOUGHBY ACRES AND THE
SURROUNDING AREAS
Item #t 6B20
DIRECTED STAFF TO REVISE THE ENABLING ORDINANCE (ORD.
87-78) THAT SETS FORTH THE REQUIREMENTS FOR THE
GOLDEN GATE BEAUTIFICATION MSTU ADVISORY COMMITTEE
Item #16B21
AWARDED BID #00-3052 FOR PELICAN BAY STREETLIGHTS,
SIGN POLES AND LUMINARIES TO CONSOLIDATED ELECTRIC
DISTRIBUTION, INC. TO REJECT THE BIDS FOR THE SIGN POLES
AND APPROVE THE NECESSARY BUDGET AMENDMENT, IN THE
AMOUNT OF $450,775.68
Item #16B22
2-PARTY AGREEMENT AND ACCEPT AN EASEMENT AND
TEMPORARY CONSTRUCTION EASEMENT AND THE ROAD RIGHT-
OF-WAY, DRAINAGE, UTILITY AND MAINTENANCE EASEMENT,
FROM BRIARWOOD DEVELOPMENT CORPORATION
Item #16C1 - deleted
Page 172
June 27,2000
Item #16C2
AMENDMENT TO A RECLAIMED WATER AGREEMENT BY AND
BETWEEN THE COLLIER COUNTY WATER SEWER DISTRICT AND
AUDUBON JOINT VENTURE
Item #16C3
INCREASED AWARD AMOUNT OF BID NO. 00-3055 TO SECOR
PAINTING CORP. FOR PAINTING OF AERIAL WATER,
WASTEWATER AND EFFLUENT LINES, IN THE AMOUNT OF
$20,979
Item #16C4
TENTATIVELY AWARDED CONTRACT TO FLORIDA STATE
UNDERGROUND, INC., IN THE AMOUNT OF $1,670,056.35,
PENDING EASEMENT ACQUISITION, TO CONSTRUCT 30-INCH
IMMOKALEE ROAD PARALLEL SEWER FORCE MAIN, BID 00-3074,
PROJECT 73943
Item #16C5
CHANGE ORDER TO THE CONSTRUCTION CONTRACT WITH
PROJECT INTEGRATION, INC., FOR THE NORTH COUNTY WATER
RECLAMATION FACILITY 5-MGD EXPANSION, BID 99-2908,
PROJECT 73031, IN THE AMOUNT OF $17,925.05
Item #16C6
PROFESSIONAL SERVICES AGREEMENT WITH HOLE, MONTES &
ASSOCIATES, INC., FOR ENGINEERING SERVICES RELATED TO
MARCO ISLAND SEWER IMPROVEMENTS, PROJECT 431-23411t,
Page 173
June 27, 2000
IN THE AMOUNT OF $41,000; WAIVED COMPETITIVE SELECTION
PROCESS
Item #16C7
PROFESSIONAL SERVICES AGREEMENT WITH FOCUS
ENGINEERING, INC., FOR ENGINEERING SERVICES RELATED TO
PELICAN BAY FIRE AND IRRIGATION WATER SYSTEM
IMPROVEMENTS, RFP 00-3051, PROJECT 74023, IN THE AMOUNT
OF $342,214.15
Item #16C8
BUDGET AMENDMENTS FOR WATER OPERATIONS AND WATER
CAPITAL PROJECTS TO COMPLETE CRITICAL MAINTENANCE
PROJECTS, IMPROVE OPERATIONAL RELIABILITY, INSTALL
ODOR CONTROL EQUIPMENT AND FUND OPERATING COSTS
Item #16C9 - deleted
Item #16C10 - deleted
Item #16Cl I
ACCEPTED THE UTILITY EASEMENT FOR THE DIAMOND SHORES
SUBDIVISION CONNECTION TO THE COUNTY REGIONAL SEWER
FACILITIES
Item #16C12
INTERLOCAL AGREEMENT WITH CEDAR HAMMOCK HERITAGE
COMMUNITY DEVELOPMENT DISTRICT TO ADDRESS ISSUES
RELATED TO WATER AND SEWER FACILITIES
Page 174
June 27,2000
Item #16D1
INTERLOCAL FUND SHARING AGREEMENT WITH THE CITY OF
EVERGLADES TO RENOVATE THE RECREATIONAL COMMUNITY
CENTER
Item #16D2
BUDGET AMENDMENT TO FUND CONSTRUCTION OF A
NEIGHBORHOOD PARK ON TRACT 179 WITHIN GOLDEN GATE
Item #16D3
WAIVED REQUIREMENT FOR FORMAL BID PROCESS UTILIZING
GENERAL CONTRACTOR'S SERVICES WORK ORDER SYSTEM;
AND AWARDED A WORK ORDER FOR THE CONSTRUCTION OF A
ROLLER HOCKEY RINK COVER TO THE LOWEST, QUALIFIED AND
RESPONSIVE GENERAL CONTRACTOR ABLE TO MEET THE
REQUIRED TIMEFRAME
Item #16D4
COOPERATIVE AGREEMENT WITH SIGNATURE COMMUNITIES,
INC. AND BAYSIDE BUILDERS, INC. FOR THE DESIGN AND
CONSTRUCTION OF CONNER PARK, IN AN AMOUNT NOT TO
EXCEED $500,000
Item #16D5
HOME CARE FOR THE ELDERLY CONTINUATION GRANT AND
AUTHORIZED THE CHAIRMAN TO SIGN THE CONTRACT WITH
AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA. D/B/A
SENIOR SOLUTIONS OF SOUTHWEST FLORIDA
Page 175
Item #16D6
June 27,2000
COMMUNITY CARE FOR THE ELDERLY CONTINUATION GRANT
AND AUTHORIZED THE CHAIRMAN TO SIGN THE CONTRACT
WITH AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC.
D/B/A/SENIOR SOLUTIONS OF SOUTHWEST FLORIDA
Item #16D7
ALZHEIMER'S DISEASE INITIATIVE CONTINUATION GRANT AND
AUTHORIZED THE CHAIRMAN TO SIGN THE CONTRACT WITH
AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. D/B/A/
SENIOR SOLUTIONS OF SOUTHWEST FLORIDA
Item #16D8
BUDGET AMENDMENT RECOGNIZING THE 4H DONATION TO
EMPLOY A PROGRAM ASSISTANT
Item #16E1
BUDGET AMENDMENT TO COMMIT RESERVES FOR INCREASED
FUEL COSTS IN FLEET MANAGEMENT FUND (521)
Item #16E2
EXHIBIT 2, CONTRACT AMENDMENT, RFP 98-2856,
"CONSULTANT SERVICES FOR DEVELOPMENT OF REGIONAL
IMPACT (DRI) PROCESS" WITH WILSONMILLER, INC. TO INCLUDE
THE JUVENILE DETENTION CENTER IN THE SUBMITTAL OF THE
APPLICATION FOR DEVELOPMENT APPROVAL (ADA) FOR THE
MAIN GOVERNMENT COMPLEX DRI, IN AN AMOUNT NOT TO
EXCEED $34,000, WHICH IS TO BE FULLY REIMBURSED BY THE
STATE
Page 176
June 27,2000
Item #16E3
AMENDMENT NO. 3, DOMESTIC ANIMAL SERVICES SHELTER
PROFESSIONAL SERVICES AGREEMENT, WITH BACON GROUP,
INC.~ IN THE AMOUNT OF $9,500~ RFP #97-2754
Item #16E4 - deleted
Item #16E5
ASSIGNMENT OF LEASE FOR BID NO. 99-3018, BRUSH PATROL
VEHICLE TO FIRST STATE BANK OF LIVINGSTON
Item #16E6
BUDGET AMENDMENT RECOGNIZING INCREASED EXPENSES
AND REVENUE IN FUND 188, THE TRAFFIC TICKET ALLOCATION,
FOR MAINTENANCE AND OPERATIONAL EXPENSES FOR THE 800
MHz SYSTEM
Item #16E7
WAIVED THE FORMAL COMPETITIVE BID PROCESS AND
AUTHORIZED CONSOLIDATED MEDIA SYSTEMS, INC. TO DESIGN
AND INSTALL CAMERA EQUIPMENT FOR THE BOARD ROOM
TELEVISION EQUIPMENT SYSTEM, IN THE AMOUNT OF $25~600
Item #16E8
RESOLUTION 2000-188, AMENDING SECTION XIV. F OF THE
CURRENT PURCHASING POLICY TO ENABLE THE
PURCHASING/GENERAL SERVICES DIRECTOR TO AUTHORIZE
FORMAL CONTRACTS ON BEHALF OF THE BOARD AGENCY,
Page 177
June 27, 2000
SUBJECT TO REVIEW AND APPROVAL FOR LEGAL SUFFICIENCY
BY THE COUNTY ATTORNEY
Item #16E9
BUDGET AMENDMENT TO APPROPRIATE THE MAINTENANCE
SERVICE REVENUES FOR REIMBURSEMENT OF OPERATING
EXPENSES INCURRED FOR BUILDING MAINTENANCE AND
JANITORIAL ITEMS KNOWN AS SPECIAL SERVICES
Item #16E10
AWARDED BID NO. 00-3044, CONCRETE/PAVEMENT
CONTRACTOR, TO BQ CONCRETE AND NEUBERT
CONSTRUCTION SERVICES, IN AN APPROXIMATE ANNUAL
AMOUNT OF $25,000
Item #16E11
TRANSFERRED CAPITAL FUNDS FOR LIMITED ADMINISTRATION
BUILDING (F) RENOVATIONS AND AUTHORIZED STAFF TO
UTILIZE STATE CONTRACT/SNAPS II PRICING AND TO APPROVE
CHANGE ORDERS WITHIN THESE PROJECTS NOT TO EXCEED
THE PROJECT AND/COST CENTER
Item #16E12
AWARDED BID NO. 98-2827, LOCKSMITH SERVICES, TO QUICK
KEY AS PRIMARY AND A-LOCKSMITH AS SECONDARY, IN AN
AMOUNT THAT AVERAGES $26~000 ANNUALLY
Added - Item #16E13
FAITHFUL PERFORMANCE BOND FOR DAVID E. BRANDT IN HIS
Page 178
CAPACITY AS COUNTY COMMISSIONER
June 27,2000
Item #16G1
BUDGET AMENDMENTS #00-300, 00-303, 00-295, 00-329 AND 00-
351
Item #16G2
BUDGET AMENDMENT ADJUSTING THE COUNTYWIDE CAPITAL
FUND BUDGET FOR THE CAPITAL PROJECT CARRYFORWARD
Item #16J1
MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED
The following miscellaneous correspondence, as presented
by the Board of County Commissioners, has been directed to the
various departments as indicated:
Page 179
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
June 27, 2000
FOR BOARD ACTION:
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
o
H:Data/Format
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. May 24 - 30, 2000
B. May 31 - June 6, 2000
C. June 7 - 13, 2000
Districts:
A. Nothing Submitted
A. Naples Heritage Community Development District - Minutes of March 16, 2000
meeting
B. Bayshore Beautiflcation Advisory Committee - Agenda for June 7, 2000 meet'rag
and minutes of May 3, 2000 meeting
C. The Beach Renourishment/Maintenance Committee - Agenda for June 1, 2000
meeting
Collier County Planning Commission - Agenda for June 1, 2000 meeting and
minutes of April 20, 2000, May 3, 2000 and May 4, 2000 meetings
E. Golden Gate Beauflfication Advisory Committee - Agenda for June 13, 2000
meeting and minutes of May 9, 2000 meeting
F. Historic & Archaeological Preservation Board - Minutes of May 19, 2000
meeting
G. Lake Trafford Task Force Members - Agenda for June 28. 2000 meetin~ and
minutes of May 26, 2000 meeting AGENDA ITEM
NO
JUN 27 2000
Pg,.~
L
He
No
Pelican Bay MSTBU Advisory Committee - Agenda for June 7, 2000 meeting
and minutes of May 23, 2000 meeting
Library Advisory Board - Minutes of April 26, 2000 meeting
Rural Fringe Area Assessment Oversight Committee - Agenda for May 31, 2000
meeting and minutes of May 17, 2000 meeting
County Government Productivity Committee - Minutes of May 17, 2000 meeting
Collier County Health Care Review Committee - Notice of July 26 meeting and
minutes of May 17, 2000 meeting
Lely golf Estates Beautification Advisory Committee - Agenda for June 9, 2000
and minutes of May 12, 2000 meeting
Rural Lands Area Assessment Oversight Committee -Notice of June 19, 2000
meeting, Agenda for June 19, 2000 and minutes of May 15, 2000 meeting
H:Data/Format
AGENDA ITEM
No.
JUN 2 7 2000
Item #16K1 - Moved to Item #11A1
Item #16L1
June 27,2000
STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT
ACQUISITION ON PARCEL NOS. 111, 112, 612, 711,712A, 712B,
811A, 811B AND 812 IN THE LAWSUIT ENTITLED COLLIER
COUNTY V. JOHN A. PULLING, ET AL., CASE NO. 98-1674-CA
(AIRPORT ROAD - PINE RIDGE ROAD TO IMMOKALEE ROAD)
Item #16L2
STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT
ACQUISITION ON PARCEL NO. 84-T IN THE LAWSUIT ENTITLED
COLLIER COUNTY V. JOHN B. FASSETT, TRUSTEE OF THE ANNE
M. FASSETT TRUST DATED 6/05/86, ET AL., CASE NO. 99-3040-CA
(LIVINGSTON ROAD FROM IMMOKALEE ROAD TO IMPERIAL
ROAD)
Item #17A
ORDINANCE 2000-44, AMENDING ORDINANCE 92-18, AS
AMENDED, THE COLLIER COUNTY TOURIST DEVELOPMENT
COUNCIL; BY AMENDING SECTION THREE, COMPOSITION OF
MEMBERSHIP, PROVIDING FOR ALTERNATING MEMBERSHIP
BETWEEN THE CITY OF EVERGLADES AND THE CITY OF MARCO
ISLAND, AND TO INCLUDE FUTURE CITIES IN THE ROTATION OF
ITS MEMBERSHIP
Item #17B
RESOLUTION 2000-189, RE PETITION PE-2000-02, WILLIAM C.
MCANLY OF MCANLY ENGINEERING AND DESIGN, INC.,
REPRESENTING GOLF CLUB OF THE EVERGLADES, REQUESTING
Page 180
June 27, 2000
A PARKING EXEMPTION TO REDUCE THE REQUIRED 122
PARKING SPACES TO 71 PARKING SPACES AND TO RESERVE
LAND FOR 60 PARKING SPACES FOR A PRIVATE GOLF CLUB
LOCATED ON THE NORTHEAST CORNER OF VANDERBILT BEACH
ROAD EXTENSION AND DOUGLAS STREET
Item #17C
ORDINANCE 2000-45, RE PETITION PUD 99-27, MR. TIM
HANCOCK OF PLANNING SOLUTIONS, INC., REPRESENTING
RICHARD MYERS, TRUSTEE, INC., REQUESTING A REZONE FROM
"A" RURAL AGRICULTURE TO "PUD" PLANNED UNIT
DEVELOPMENT TO BE KNOWN AS PINE VIEW PUD FOR
PROPERTY LOCATED ON THE SOUTHWEST CORNER OF PINE
RIDGE ROAD (C.R. 896} AND WHIPPOORWILL LANE, CONSISTING
OF 16.5 ACRES
Item #17D
ORDINANCE 2000-46, RE PETITION PUD-89-06(4), GEORGE L.
VARNADOE, ESQ., OF YOUNG, VAN ASSENDERP, VARNADOE
AND ANDERSON, P.A., REPRESENTING HALSTATT PARTNERSHIP
AND NAPLES GOLF COURSE HOLDINGS, LTD., REQUESTING AN
AMENDMENT TO THE GREY OAKS PUD HAVING THE EFFECT OF
REZONING THE PROPERTY FROM "PUD" PLANNED UNIT
DEVELOPMENT TO "PUD" PLANNED UNIT DEVELOPMENT FOR
THE PURPOSE OF RELOCATING AUTHORIZED COMMERCIAL
DEVELOPMENT BETWEEN THE NORTHEAST AND NORTHWEST
ACTIVITY NODES WHILE REDUCING THE ACREAGE OF TOTAL
COMMERCIAL AREA BY 15.6 ACRES; REDUCING THE NUMBER OF
DWELLING UNITS BY 300; REVISIONS TO GOLF COURSE
ACREAGE AND WATER MANAGEMENT FACILITIES REVISIONS;
REVISIONS TO ACCESS POINTS AND ELIMINATION OF AIRPORT-
PULLING ROAD AND GOLDEN GATE PARKWAY OVERPASS, FOR
Page 181
June 27,2000
PROPERTY LOCATED IN THE NORTHEAST, SOUTHEAST AND
NORTHWEST QUADRANTS OF AIRPORT-PULLING ROAD (C.R. 31)
AND GOLDEN GATE PARKWAY (C.R. 886), CONSISTING OF 1601 +
ACRES (COMPANION TO DOA-2000-03)
Item #17E
DEVELOPMENT ORDER 2000-04, RESOLUTION 2000-190, RE
PETITION DOA-2000-03, GEORGE L. VARNADOE, ESQ., OF
YOUNG, VAN ASSENDERP, VARNADOE AND ANDERSON, P.A.,
REPRESENTING HALSTATT PARTNERSHIP AND NAPLES GOLF
COURSE HOLDINGS, LTD., REQUESTING AN AMENDMENT TO
THE GREY OAKS DEVELOPMENT OF REGIONAL IMPACT (DRI)
DEVELOPMENT ORDER (DO-90-3), AS AMENDED, FOR THE
PURPOSES OF RELOCATING AUTHORIZED COMMERCIAL
DEVELOPMENT BETWEEN THE NORTHEAST AND NORTHWEST
ACTIVITY NODES WHILE REDUCING THE NUMBER OF DWELLING
UNITS BY 300; REVISIONS TO GOLF COURSE ACREAGE AND
WATER MANAGEMENT FACILITIES; REVISION TO ACCESS
POINTS AND ELIMINATION OF AIRPORT-PULLING ROAD AND
GOLDEN GATE PARKWAY OVERPASS, FOR PROPERTY LOCATED
IN THE NORTHEAST, SOUTHEAST AND NORTHWEST
QUADRANTS OF AIRPORT-PULLING ROAD (C.R. 31) AND GOLDEN
GATE PARKWAY (C.R. 886), CONSISTING OF 1601 -+ ACRES
(COMPANION TO PUD-89-06(4))
Item #17F
RESOLUTION 2000-191, AMENDING RESOLUTION 97-49 TO
CORRECT A SCRIVENER'S ERROR IN PARAGRAPH SIX
PROVIDING THE LEGAL DESCRIPTION FOR PROPERTY AT 1351
CAXAMBAS COURT
Item #17G
Page182
June 27,2000
RESOLUTION 2000-192, RE PETITION VAC-00-009 TO DISCLAIM,
RENOUNCE AND VACATE THE PUBLIC'S INTEREST IN ROAD
RIGHT OF WAY, BEING A PORTION OF LUCERNE ROAD,
ACCORDING TO THE PLAT OF "GOLDEN GATE UNIT 4", AS
RECORDED IN PLAT BOOK 5, PAGES 107 THROUGH 116, PUBLIC
RECORDS OF COLLIER COUNTY
There being no further business for the good of the County,
the meeting was adjourned by order of the Chair at 2:26 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S} OF
~ ~:~ -:~DWI G~. E? B ROCK, CLERK
These minuS, approved by the Board on
presented or as corrected
SPECIAL~ CONTROL
TIM ' '' NTI N;E,~CH~AI R---~-~
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICE, INC. BY ELIZABETH M. BROOKS, RPR,
AND KELLEY M. BLECHA, RPR
Page 183
, as