BCC Minutes 04/27/2004 R
April 27, 2004
REGULAR MEETING OF
APRIL 27, 2004
/OF THE
BOARD OF COUNTY COMMISSIONERS
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 9:02 a.m. in REGULAR
SESSION in Building "F" of the Government Complex, East Naples,
Florida, with the following members present:
CHAIRMAN:
Donna Fiala
Tom Henning
Jim Coletta
Fred Coyle
F rank Halas
ALSO PRESENT: Jim Mudd, County Administrator; David C.
Weigel, County Attorney
Page 1
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
April 27, 2004
9:00 AM
Donna Fiala, Chairman, District 1
Fred W. Coyle, Vice-Chairman, District 4
Frank Halas, Commissioner, District 2
Tom Henning, Commissioner, District 3
Jim Coletta, Commissioner, District 5
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. 2003-53, AS AMENDED 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
EXPLANA TION 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
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April 27, 2004
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5)
MINUTES UNLESS THE TIME IS ADJUSTED 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, (239) 774-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMP AIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1.
INVOCA TION AND PLEDGE OF ALLEGIANCE
A.
Dr. Bob Petterson, Senior Pastor, Convenant Presbyterian Church
2.
AGENDA AND MINUTES
A.
Approval of today's regular, consent and summary agenda as
amended. (Ex Parte Disclosure provided by Commission members for
summary agenda.)
B.
April 5, 2004 - BCC/PUD Monitoring Workshop
C.
April 6, 2004 - BCC/City of Naples Joint Workshop
3.
SERVICE AWARDS
A.
20 Year Attendees
1)
2)
Patricia Lehnhard, Office of Budget and Management
Steven Donovan, EMS
B.
25 Year Attendees
1)
David Gigee, Transportation
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April 27, 2004
4.
A.
B.
D.
E.
F.
2)
Gail Watson, Library
PROCLAMA TIONS
Proclamation to proclaim the week of May 2-8,2004 as Drinking Water
Week. To be accepted by Steve lang, Plant Manager SCRWTP; Steve
Messner, Plant, NCRWTP; Joe Thomas, Water Distribution Manager and
Howard Brogdon, Laboratory Supervisor.
Proclamation to designate the month of May, 2004, as Civility Month.
Will mail upon presenting the proclamation. To be accepted by David
Weigel, Attorney for Collier County Government.
c.
Proclamation to recognize May 9-15, 2004 as Tourism Week in Collier
County. To be accepted by Jack Wert, Executive Director of Tourism
Department.
Proclamation to designate the week of April 26 through May 2, 2004 as
Florida American Association of University Women Week. To be accepted
by Cindy Anderson.
Proclamation to designate the first week in May every year as National
Arson Awareness Week. To be accepted by Jason Gunkle, Inspector for the
Golden Gate Fire Department.
Proclamation to designate the week of May 2 through May 8, 2004 as Be
Kind to Animals Week. To be accepted by Beth Walsh, Collier County
Interim Director for Domestic Animal Services.
5.
PRESENTATIONS
A.
6.
Recommendation to recognize John Conti, Field Engineering Inspector,
Transportation Division, as "Employee of the Month" for April 2004.
PUBLIC PETITIONS
A.
B.
Public Petition Request by David Tetzlaff to discuss potential for the
County to purchase Caribbean Gardens property.
Public Petition request by Larry J. Gantzer to discuss a Collier Junior/Public
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April 27, 2004
7.
A.
8.
Golf Course.
C.
Public Petition Request to discuss appeal of LDC Interpretation of PUD
located on Pine Ridge Road.
BOARD OF ZONING APPEALS
ADA-2004-AR-5363, D. Wayne Arnold, AICP, ofQ. Grady Minor &
Associates, P.A., representing Pine Ridge Investors LLC, requesting to
appeal the formal interpretation issued by the Director of the Department
of Zoning and Land Development Review that states building construction
may not occur over the common boundary of the Pine Ridge Center PUD
and the Pine Ridge Center West PUD, which comprises + 17.60 acres and
is located in Section 18, Township 49 South, Range 26 East, Collier
County, Florida.
AD VER TISED PUBLIC HEARINGS
A.
B.
9.
This item was continued from the April 13, 2004 BCC Hearine:. Public
Hearing to consider adoption of an Ordinance establishing the
VeronaWalk Community Development District (CDD) pursuant to section
190.055, F.S.
A Public Hearing to consider an application submitted by Naples
Community Hospital to the Board of County Commissioners for the
issuance of a Certificate of Public Convenience and necessity to provide
transportation services for the inter-facility transfer of post hospital
patients.
BOARD OF COUNTY COMMISSIONERS
A.
B.
C.
D.
Appointment of member to the Forest Lakes Roadway & Drainage Advisory
Committee.
Appointment of member to the Collier County Code Enforcement Board.
Appointment of members to the Bayshore Beautication MSTU Advisory
Committee
Appointment of members to the Housing Finance Authority
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April 27,2004
10.
11.
12.
13.
14.
15.
COUNTY MANAGER'S REPORT
A.
Approve Tourist Development Category "A" 10- Year Expense and Revenue
Projections.
B.
To receive Board approval of an Interlocal Agreement between Collier
County and the City of Naples regarding construction of the Golden Gate
Parkway at Airport Road Overpass.
PUBLIC COMMENTS ON GENERAL TOPICS
COUNTY ATTORNEY'S REPORT
OTHER CONSTITUTIONAL OFFICERS
AIRPORT AUTHORITY
STAFF AND COMMISSION GENERAL COMMUNICATIONS
16.
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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.
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A.
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1)
Request to grant final approval of the roadway (public), drainage,
water and sewer improvements for the final plat of "Timber Ridge,
Unit Two" the drainage improvements will be privately maintained,
the water and sewer improvements will be maintained by Immokalee
Water and Sewer District, the roadway improvements will be
maintained by Collier County.
2)
Request to approve for recording the final plat of "Fiddler's Creek
Parkway Extension, Phase 3", and approval of the standard form
Construction and Maintenance Agreement and approval of the amount
of the performance security.
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April 27, 2004
7)
8)
3)
Approval of the Satisfaction of Liens for Resolution No. 2002-395,
2003-435, 2003-442 and 2003440.
4)
LIEN RESOLUTIONS-CODE ENFORCEMENT CASE NUMBERS:
2003051145/ H S Partnership, 200311 0551/Stonestreet, William M.,
200309l073/Wilkinson-Meffert Const. Co. Inc., 2003090701/
Wilkinson-Meffert Const. Co. Inc., 200309l072/Wilkinson-Meffert
Const. Co. Inc., 2003091071/ Wilkinson-Meffert Const. Co. Inc.,
2003l0ll40/Wilkinson-Meffert Const. Co. Inc.
5)
LIEN RESOLUTIONS-CODE ENFORCEMENT CASE NUMBERS:
2003l00068/Avila, Filomeno & Maria J., 2003l00358/Baton
Rouge,LLC, 2003l00882/Bray, Steven F., 2003ll0796/Condori,
Franklin & Haydee, 2003110797 /Condori, Franklin & Haydee,
2003ll0798/Condori, Franklin & Haydee, 2003100 1 99/Hamilton Bay
Dev., LLC, 2003l008ll/Perseco Corp., 2003ll0488/Baron, Mimon
6)
LIEN RESOLUTIONS-CODE ENFORCEMENT CASE NUMBERS:
2003l20857/Delarosa, Sandy L., 2003l20487/Eichaker, William H.
& Ayako, 2003091 1 83/Mobil Oil Corp.200308l551/ Horse Creek
Partners, Ltd.,Alan Schiffman -(Reg. Agent), 2003081505/ Horse
Creek Partners, Ltd.,Alan Schiffman -(Reg. Agent), 2003081552/
Horse Creek Partners, Ltd.,Alan Schiffman -(Reg. Agent),
2003081546/ Horse Creek Partners, Ltd.,Alan Schiffman -(Reg.
Agent), 2003081540/ Horse Creek Partners, Ltd.,Alan Schiffman-
(Reg. Agent), 2003081538/ Horse Creek Partners, Ltd.,Alan
Schiffman -(Reg. Agent), 2003081554/ Horse Creek Partners,
Ltd.,Alan Schiffman -(Reg. Agent), 2003081544/ Horse Creek
Partners, Ltd.,Alan Schiffman -(Reg. Agent)
Approval of the Satisfaction of Liens for Code Enforcement Board
Case No. 2003-050, 2003-049, 2003-007, 2003-025, 2003-046, 2003-
029 and 2002-033.
Request to approve for recording the final plat of "Mission Hills
Shopping Center", and approval of the standard form Construction
and Maintenance Agreement and approval of the amount of the
performance security.
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April 27, 2004
9)
10)
11)
12)
13)
14)
15)
That the Board of County Commissioners of Collier County, Florida,
accept $1,500.00 as satisfaction for a second mortgage, and execute a
satisfaction of mortgage.
LIEN RESOLUTIONS-CODE ENFORCEMENT CASE NUMBERS:
2003ll0863/Benjamson, Martin I. & Lillian E., 20031 008 1 5/Dion,
Cheryl L., 200308 1 437/Endres, John D., 200311 0659/Glover, Lizzie
H., 2003101236/ Glover, Lizzie H., 20040l03l6/Gomez, Jesus,
2003090838/Gray Est., Charlie Mae-Underwood, Willie J.
Underwoood Est., 2003l2008l/La Rue, Claude E.,
200310 1 1 95/Melendez, Miranda, 2002060752/Springs, Matthew J. &
Paula A.
Request to grant final approval of the roadway (Public), drainage,
water and sewer improvements for the final plat of "Habitat Village"
the roadway and drainage improvements will be privately maintained,
the water and sewer improvements will be maintained by Collier
County.
Request to grant final approval of the roadway (private), drainage,
water and sewer improvements for the final plat of "Calumet Reserve"
the roadway and drainage improvements will be privately maintained,
the water and sewer improvements will be maintained by Collier
County.
Approve the execution of a mutual general release between the
County and former employee Lee H. Combs and to waive recovery of
Grants Management Certification training and related travel expenses
of Lee H. Combs in the amount of$4,162.76.
Requesting the Board of County Commissioners to authorize
Engineering Review staff and the County Attorney's office to amend
Ordinance 2002-01, the Collier County Administrative Construction
Code (ACC), which amends CHAPTER 1 of the Florida Building
Code (FBC), Administration, codified as chapter 22 of the Collier
County Laws and Ordinances, as it pertains to fill materials and
finished floor elevations.
To Approve a budget amendment transfering $250,000 from
Community Development and Environmental Services fund 113
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April 27, 2004
B.
Building Permit Reserves to Capital for the refurbishment of the
existing Community Development and Environmental Services
(CDES) building.
16)
Recommendation that the Board of County Commissioners approve a
Budget Amendment of$27,485.00 from Fund 186 Operating
Expenses to Fund 111-138318 Operating Expenses to reimburse Fund
111-138318 for payments made for utility and road projects in the
Immokalee Redevelopment District.
17)
Approve the local Housing Assistance Plan (HAP) and Interlocal
Agreement for fiscal years 20042005, 2005-2006, and 2006-2007 as
required by the State Housing Initiatives Partnership (SHIP) Program.
TRANSPORTATION SERVICES
1)
2)
3)
4)
5)
6)
Accept the conveyance of a Quit Claim Deed for Tract "A" of Tarpon
Bay Boulevard, which is required for the purpose of maintaining
Tarpon Bay Boulevard as a public road. Estimated fiscal impact:
$10.50.
Request the Board approve and authorize the Chairman to sign, an
easement use agreement, allowing homeowners to continue using a
permitted cabana which was constructed within a public utility &
drainage easement held by Collier County.
Approve reimbursement to the City of Naples for the Sandpiper
Boulevard Intersection Improvements in the amount of $146,080.61.
Request the Board approve the installation of a traffic signal at the
intersection of Collier Boulevard and Business Circle Drive South at
an annual maintenance cost of approximately $3,500.
Board approval of Adopt-a-Road Program Agreements at the Board of
County Commissioners meeting April 27, 2004.
Request the Board to approve a landscape installation and
maintenance agreement between Brynwood Preserve Residents
Association and Collier County for landscaping within the right-of-
way on Livingston Road.
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April 27, 2004
C.
6)
7)
Approve a budget amendment in the amount of $1 ,654,309 for the
Final Judgment for Parcel 110, Collier County V s. Northside
Construction Company for Pine Ridge Road 6 Laning Project No.
60111.
8)
Award of contract # 03-3505 - "Consultant Services for Developing a
Roadway Asset Inventory Database" in the estimated initial contract
amount of$502,259.50.
PUBLIC UTILITIES
1)
Approve Amendment 1 to Contract 03-3517 with Greeley and Hansen
LLC for "Professional Engineering Services for Water Main Projects"
in the amount of$72,7l0. Project 60001.
2)
Adopt a Resolution and approve a Declaration of Easement for a deep
injection well and monitoring well facilities at the North County
Water Reclamation Facility, at an estimated cost not to exceed $10.50,
Project Number 73948.
3)
Convey a Utility Easement from Collier County, a political
subdivision of the State of Florida to the Board of County
Commissioners of Collier County, Florida, as Ex-Officio the
Governing Board of the Collier County Water-Sewer District to
reflect the as-built location of a raw water line at a cost not to exceed
$10.50, PUED Project 70054.
4)
Accept a Utility & Access Easement from the District School Board
of Collier County, Florida, for two water wells, pipeline and access
easements on school property, the cost not to exceed $37.50, Project
Number 710061.
5)
Adopt a Resolution and approve a Declaration of Easement for a
water well, pipeline and access within property acquired for a future
park at an estimated cost not to exceed $19,723, Proj ect Number
710061.
Authorize conveyance of an easement to Florida Power & Light
Company for electric utility facilities to service a proposed potable
9
April 27, 2004
7)
8)
9)
10)
11)
12)
13)
water well at a cost not to exceed $33.00, Project Number 710061.
Approve Work Order # SC-02- 74 with Surety Construction Company
in the amount of$125,840.00 to perform selective demolition for the
Public Utilities Operations Center, Project Numbers 70059 and 73072.
Approve necessary budget amendments to record revenues and related
expenditures for payment received from property owners of the Price
Street - Barefoot Williams Road Water Municipal Services Benefit
Unit (MSBU) Project No.# 70077 and payments to various vendors.
Recommendation that the Board of County Commissioners approve
the after-the-fact submittal of the attached Alternative Water Supply
Grant Application to the South Florida Water Management District
(SFWMD) for the Manatee Road Four New Potable Water ASR Wells
Project 70157
Recommendation that the Board of County Commissioners approve
the after-the-fact submittal of the attached Alternative Water Supply
Grant Application to the South Florida Water Management District
(SFWMD) for the Carica Road Potable Water ASR Exploratory Well
Program, Project 70897
Recommendation that the Board of County Commissioners approve
the after-the-fact submittal of the attached Alternative Water Supply
Grant Application to the South Florida Water Management District
(SFWMD) for the Reclaimed Water ASR Project 74030
Recommendation that the Board of County Commissioners approve
the after-the-fact submittal of the attached Alternative Water Supply
Grant Application to the South Florida Water Management District
(SFWMD) for the Goodlette Frank Road Forcemain and Reclaimed
Water Main, Project 74077
Recommendation that the Board of County Commissioners approve
the after-the-fact submittal of the attached Alternative Water Supply
Grant Application to the South Florida Water Management District
(SFWMD) for the 20" Reclaimed Water Main at Vanderbilt Beach
Road, Project 74034
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April 27, 2004
E.
D.
7)
PUBLIC SERVICES
1)
Board of County Commissioners approval of a Medical Director
Consulting Contract between Collier County and Naples Community
Hospital. (Companion item relating to COPCN application)
2)
Approve a Budget Amendment Appropriating $29,532.05 from
General Fund Reserves for Reimbursement to the State of Florida for
Overpayment on a FEMA Claim Submitted After Tropical Storm
Gabrielle
3)
Approve an Authorized Provider Agreement with the American Red
Cross
4)
Approve a Request to Apply for a Florida Communities Trust Florida
Forever Grant in an Amount No Less Than $1,260,000 for Purchase
of the Mar-Good Resort in Goodland
5)
Approve a South Florida Water Management District Grant
Agreement for $26,300 for a Central Irrigation Control System in the
South District of the Parks System
6)
Expand the state of emergency declaration boundaries to be county
wide per county ordinance 2004-11 regarding inoculation and removal
of palm trees to suppress lethal yellowing disease.
Consideration of request by Youth Haven, Inc. for the Board of
County Commissioners to provide a letter of support for the Naples
Education and Children's Foundation as Outstanding Philanthropist
for the Year 2004.
ADMINISTRATIVE SERVICES
1)
2)
Approve and execute an Agreement to provide the Golden Gate Fire
Control & Rescue District $88,227 from the GAC Land Trust Fund
for the purchase of a Fire Safety House and Tow Vehicle.
Authorize the conveyance of an easement to Lee County Electric
Cooperative, Inc. for electric utility facilities to service the Immokalee
Library Addition at a cost not to exceed $15.00.
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April 27, 2004
3)
That the Board of County Commissioners award Bid No. 04-3606 for
On-Call Roofing Repairs and Inspection Services to Advanced
Roofing, Inc. as primary vendor, Crowther Roofing & Sheet Metal,
Inc. secondary vendor, and Sutter Roofing Co. of SW Florida as
tertiary vendor.
4)
Approve Contract for RFP 04-3584 "Fixed Term Public Relations
Services for Collier County." (Estimated maximum annual contract
amount not to exceed $500,000 per firm).
5)
That the Board of County Commissioners award Bid No. 04-36l0R
for Vending Machine Services to Naples Vending.
6)
Recommendation to approve additions to, deletions from and
modifications of certain classifications in the 2004 Fiscal Year Pay
and Classification Plan made from February 1, 2004 through April 6,
2004.
7)
Approve Resolution Stating a Valid Public Purpose for a
Departmental Employee Recognition Program, as Established in
Ordinance 87-5.
8)
Approve and ratify the Settlement in Professional Firefighters of the
Everglades, IAFF, Local 3670 v. Collier County Board of County
Commissioners, Case No. CA-2003-040, State of Florida Public
Employees Relations Commission and approve related budget
amendment.
F.
COUNTY MANAGER
2)
3)
1)
Recognize and Appropriate $22,497 of Revenue from a
Communications Tower Lease and Approve the Required Budget
Amendment.
Approve a Tourist Development Category "A" Grant Application
submitted by Parks and Recreation for Beach Cleaning and
Maintenance for Fiscal Year 2005 in the Amount of$333,400
Approval of Budget Amendment Report - BA #04-218 in the amount
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April 27, 2004
G.
H.
I.
J.
K.
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of $3,688
AIRPORT AUTHORITY
BOARD OF COUNTY COMMISSIONERS
1)
Commissioner Henning requesting approval for payment to attend a
function serving a valid public purpose for the Collier County
Tourism Awards Luncheon. Cost to be paid is $15.00.
2)
Commissioner Coletta is requesting approval to attend a function
serving a valid public purpose: The Greater Naples, Marco Island,
Everglades Convention & Visitors Bureau's 2004 Collier County
Tourism Awards Luncheon.
3)
Commissioner Coletta requests Board approval for payment to attend
a function serving a Valid Public Purpose: The Florida Citrus
Mutual's 2004 Area Meeting Luncheon in LaBelle on April 14, 2004
in the amount of $9.68.
4)
Commissioner Fiala request for Board approval for payment to attend
function serving a valid public purpose - 2004 Collier County
Tourism Awards Luncheon Celebration. In the amount of$15.00-
funds to be paid from Commissioner's travel budget.
5)
Commissioner Fiala requests Board approval for payment to attend
function serving a valid public purpose - Luncheon to honor former
Mayor Bonnie Mackenzie. In amount of $35.00 - funds to be paid
from Commissioner's travel fund.
MISCELLANEOUS CORRESPONDENCE
1)
Miscellaneous Items to File for Record with Action as Directed.
OTHER CONSTITUTIONAL OFFICERS
COUNTY ATTORNEY
1)
Approve Agreed Order and Authorize Payment of Planning Fees,
Appraisal Fees, and Environmental Fees in the Lawsuit Styled Collier
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April 27, 2004
6)
7)
8)
9)
County v. Carole Construction of Naples, Inc., et. aI., Case No. 02-
5l39-CA (Immokalee Road Project #60018).
2)
Approve the Stipulated Final Judgment Relative to the Acquisition of
Parcel 116 in the Lawsuit Styled Collier County v. Calusa Pines Golf
Club LLC, et al. Immokalee Road Project No. 60018.
3)
Approve Agreed Order and Authorize Payment of Appraisal Fees in
the Lawsuit Styled Collier County v. Kathryn Hankins, et. aI., Case
No. 00-1296-CA (Golden Gate Boulevard Project #63041).
4)
Approve Agreed Order and Authorize Payment of Planning Fees and
Appraisal Fees for Parcel 127 in the Lawsuit Styled Collier County v.
G. Herbst, et. aI., Case No. 02-5l38-CA (Immokalee Road Project
#60018).
5)
Authorize the Making of Five Offers of Judgment Relative to the Fee
Taking of Parcel Nos. 808, 908, 112, 114 and 914 in the Lawsuit
Styled Collier County v. Elias Valencia, et aI., Case No. 03-2274-CA
(Golden Gate Parkway Project #60027).
Approve Agreed Order and Authorize Payment of Planning Fees and
Appraisal Fees for Parcel 128 in the Lawsuit Styled Collier County v.
G. Herbst, et. aI., Case No. 02-5l38-CA (Immokalee Road Project
#60018).
Approve the Mediated Settlement Agreement as to Parcel 167 A in the
lawsuit styled Collier County v. Andy R. Morgan, et aI., Immokalee
Road Project 60018 (total cost of $27,408.00).
Recommendation that the Board approve and authorize the Chairman
to execute a Retention Agreement for services on an "as needed" basis
with the law firm of Allen, Norton & Blue, P.A., to meet county
purchasing policy contract update requirements.
Recommendation that the Board of County Commissioners approve a
budget amendment to pay for minor reconfiguration of the office
space allocated to the Office of the County Attorney
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
-----------
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April 27, 2004
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. FOR THOSE ITEMS, WHICH ARE
QUASIJUDICIAL IN NATURE, ALL P ARTICIP ANTS MUST BE SWORN
IN.
A.
B.
18.
(This item reQuires that all participants be sworn in and ex-parte
disclosure be provided by Commission members) SE-2004-AR-5345, A
Resolution amending Resolution 03-354, the Maretee earthmining
conditional use to correct a scrivener's error resulting from the unintentional
inclusion of an incorrect legal description attached as EXHIBIT "B" to the
original resolution for the property located at the eastern terminus of
Maretee road in section 7, township 51 south, range 27 east, Collier County,
Florida.
An Ordinance of the Board of County Commissioners of Collier County,
Florida, amending Ordinance No. 04-08, which amended Ordinance No. 91-
102, as amended, the Collier County Land Development Code, to correct
scrivener's errors relating to the incorrect insertion of maps pertaining to
Section 2.2.2 1/2, Rural Fringe Mixed Use District and Section 2.2.30,
Natural Resource Protection Area Overlay District; and to correct scrivener's
errors relating to Division 3.15, Adequate Public Facilities; providing for
Conflict and Severability; providing for inclusion in the Collier County Land
Development Code; and by providing for an effective date.
ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383
--______m__-
15
April 27, 2004
April 27, 2004
Item #2A
REGULAR, CONSENT AND SUMMARY AGENDA-
MR. MUDD: Madam Chair, you have a hot mic.
CHAIRMAN FIALA: Thank you very much. The meeting will
come to order.
Our invocation today will be given by Steven -- wait a minute,
Steven, I've got you right here -- oh, I'm sorry, Chris Shepherd.
I'm sorry. Chris Shepherd. He's the pastor at Covenant
Presbyterian Church. Thank you.
MR. SHEPHERD: Thank you. Would you pray with me.
CHAIRMAN FIALA: Will you all stand, please.
MR. SHEPHERD: Our Father, we thank you for bringing us
here this morning, and we thank you for allowing us to live within
Collier County, for creating such a beautiful place. We also thank you
for these Commissioners and the staff, the people who work so hard to
give of their time and energy that we might enjoy a higher quality of
life.
And this day, we ask that you would give the people who are
called here to make decisions a greater understanding of the issues that
face them, that you would give them wisdom that would enable them
to know what they need to do, and that you would give them courage
to make the right decisions. Increase the respect that they have for
one another, increase their own unity, and may our community receive
a great gift because of the meeting that occurs here today, because of
the decisions that will be made.
We thank You for your presence here with us, and it's in Christ's
name we pray. Amen.
CHAIRMAN FIALA: Amen. Pastor Shepherd, that was a
Page 2
April 27, 2004
beautiful prayer. Thank you very much.
Now Commissioner Coletta will lead us in the pledge.
(Pledge of Allegiance was recited in unison.)
CHAIRMAN FIALA: Very good. Now, this morning we have
-- let's see, first we're going to ask if we have any adjustments to the
agenda by our county attorney.
MR. WEIGEL: Good morning, Madam Chairman and
Commissioners.
CHAIRMAN FIALA: Good morning.
MR. WEIGEL: Just one thing to note for the record from County
Attorney, and that is item 16(D)(6), which is consent agenda item
relating to lethal yellowing declaration, that we would ask that a
resolution number be reserved, if the board keeps that on the consent
and approves it. Thank you.
CHAIRMAN FIALA: Okay. And Mr. Mudd?
MR. MUDD: Madam Chair, Commissioners, agenda changes,
board of County Commissioners meeting April 27th, 2004. The first
item is add Item 4(G), and that's a proclamation designating May 6th
as a National Day of Prayer to be accepted by Reverend Michael
Harper. That's at staffs request.
The next item is Item 6(C), which will be continued till May
25th, 2004 BCC meeting. And that's a public petition request by
Richard C. Grant to discuss appeal of the LDC interpretation of PUD
located on Pine Ridge Road. And that's at petitioner's request. And
that item is kind of linked to the next item, which is also continued,
and that's Item 7(A), to be continued until May 25th, 2004 BCC
meeting. And that's ADA-2004, AR-5363, D. Wayne Arnold, AICP,
of Q. Grady Minor & Associates, P A, representing Pine Ridge
Investors, LLC, requesting an appeal -- to appeal the formal
interpretation issued by the Director of the Department of Zoning and
Land Development Review that states building construction may not
Page 3
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April 27, 2004
occur over the common boundary of the Pine Ridge Center PUD and
the Pine Center West PUD, which comprises 17.6 acres and is located
in Section 18, Township 49 south, Range 26 east, Collier County,
Florida, and that's at petitioner's request.
Next item is to withdraw Item 10(B), to receive board approval
of an interlocal agreement between Collier County and the City of
Naples regarding construction of the Golden Gate Parkway at the
Airport Road overpass, and that's at staffs request.
The next item -- and for a while there I thought we were going to
have no agenda for today but there's some things that have changed.
The next item is to move Item 16(A)(13) to 10(C), and that's to
approve the execution of a mutual general release between the county
and former employee Lee H. Combs, and to waive recovery of grants
management certification training and related travel expenses of Lee
H. Combs in the amount of$4,162.76, and that's at Commissioner
Henning's request.
The next item is to move Item 16(B)(3) to the regular agenda, to
Item 10(D). And that's to approve reimbursement to the City of
Naples for the Sandpiper Boulevard intersection improvements in the
amount of$146,080.61, and that's at Commissioner Coletta's request.
The next item is to move Item 16(E)( 4) to the regular agenda
under Item 10(E), and that's to approve a contract for RFP 04-3584,
fixed term public relations services for Collier County, estimated
maximum annual contract amount not to exceed $500,000 per firm,
and that's at Commissioner Halas's request.
That's all I have, Madam Chair.
CHAIRMAN FIALA: Thank you. Commissioners, do you have
any additions to the agenda? We'll start with Commissioner Halas. Or
any ex parte on the summary agenda.
COMMISSIONER HALAS: Good morning, Madam
Commissioner. And at this point, I don't have any additions or
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April 27, 2004
corrections to the agenda. And I also don't have any ex parte.
CHAIRMAN FIALA: Thank you. Commissioner Coletta?
COMMISSIONER COLETTA: I have nothing to -- I have no
changes to the agenda and I have nothing to declare under the
summary agenda.
CHAIRMAN FIALA: Thank you very much. Commissioner
Henning?
COMMISSIONER HENNING: Just a comment. The Item 7(A),
the appeal, the interpretation of the planning director. Usually I don't
mind things coming off the agenda because we usually have a busy
agenda, but today we have a light agenda and we can take care of this
item. What's the purpose of this being continued? Is that staff or is
that the petitioner?
MR. MUDD: That's the petitioner's request, sir.
COMMISSIONER HENNING: Yeah. You know, I just -- I'm
not sure what the May 25th meeting is going to be like, but --
MR. MUDD: I promise, it will be busier than today, sir.
COMMISSIONER HENNING: Oh, yeah, I guarantee it.
And then the next comment that I have, Item 6( C), which is being
continued, is probably a companion item. And I -- being that this is a
quasi-judicial item, I have concerns about this public petition. It
should be heard together in -- when this comes back on May 25th. So
maybe the County Attorney could look at that.
I have no ex parte on today's summary agenda, Commissioner.
CHAIRMAN FIALA: Thank you.
Commissioner Coyle?
COMMISSIONER COYLE: I have no changes to the agenda, I
have no ex parte communications.
CHAIRMAN FIALA: Very good. Do we have any speakers for
the summary agenda?
MS. FILSON: No, ma'am.
Page 5
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April 27, 2004
CHAIRMAN FIALA: Very good. Thank you.
Do any board members have any questions about the consent
agenda, or would you like to make a motion to approve the minutes
and the --
COMMISSIONER HENNING: I move --
COMMISSIONER HALAS: So moved -- second.
COMMISSIONER HENNING: -- to approve the agenda as
amended.
COMMISSIONER HALAS: Second.
CHAIRMAN FIALA: Very good. I have a motion by
Commissioner Henning to approve, second by Commissioner Halas.
All those in favor, say aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(N 0 response.)
Page 6
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
April 27. 2004
Add Item 4G: Proclamation - Designating May 6 as National Day of Prayer to be
accepted by Rev. Michael Harper. (Staff request.)
Item 6C continued to the May 25. 2004 BCC meetina: Public Petition Request by
Richard C. Grant to discuss appeal of LDC Interpretation of PUD located on Pine
Ridge Road. (Petitioner request.)
Item 7 A continued to the May 25. 2004 BCC meetina: ADA-2004-AR-5363, D.
Wayne Arnold, AICP, of Q. Grady Minor & Associates, P.A., representing Pine
Ridge Investors LLC, requesting to appeal the formal interpretation issued by the
Director of the Department of Zoning and Land Development Review that states
building construction may not occur over the common boundary of the Pine Ridge
Center PUD and the Pine Ridge Center West PUD, which comprises + 17.60 acres
and is located in Section 18, Township 49 South, Range 26 East, Collier County,
Florida. (Petitioner request.)
Withdraw Item 10B: To receive Board approval of an Interlocal Agreement
between Collier County and the City of Naples regarding construction of the
Golden Gate Parkway at Airport Road overpass. (Staff request.)
Move Item 16A13 to 10C: Approve the execution of a mutual general release
between the County and former employee Lee H. Combs and to waive recovery of
Grants Management Certification training and related travel expenses of Lee H.
Combs in the amount of $4,162.76. (Commissioner Henning request.)
Move Item 16B3 to 10D: Approve reimbursement to the City of Naples for the
Sandpiper Boulevard Intersection Improvements in the amount of $146,080.61.
(Commissioner Coletta request.)
Move 16E4 to 10E: Approve Contract for RFP 04-3584 "Fixed Term Public
Relations Services for Collier County." (Estimated maximum annual contract
amount not to exceed $500,000 per firm). (Commissioner Halas request.)
April 27, 2004
Item #2B&2C
MINUTES OF APRIL 5, 2004 BCC/PUD MONITORING
WORKSHOP AND APRIL 6, 2004 BCC/CITY OF NAPLES JOINT
COMMISSIONER HENNING: Move to approve the April 5th
'04 BCC PUD monitoring workshop and April 6th, '04 BCC City of
Naples joint workshop.
COMMISSIONER HALAS: So moved (sic).
CHAIRMAN FIALA: I have a motion to approve the minutes of
the April 5th and April 6th meetings by Commissioner Henning, a
second by Commissioner Halas.
All those in favor, say aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
Item #3 A&3 B
CHAIRMAN FIALA: Now what a great pleasure we're going to
have. Service awards. Our service awards, Patricia Lehnhard.
MR. MUDD: I've got 'em, ma'am. If you would come on down
and present them, that would be great.
CHAIRMAN FIALA: That would be wonderful.
Page 7
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April 27, 2004
And Steve Donovan. Is he any relationship to --
MR. MUDD: Madam Chair, it's indeed an honor to move on to
service awards on our agenda today, and it's an honor and pleasure for
me to announce the 20-year attendee service awards. And the first
awardee is Patricia Lehnhard from the office of management and
budget.
The next 20-year awardee is Mr. Steve Donovan, from EMS.
That brings us, Commissioners, to -- that brings us to our 25-year
awardees. The first awardee is David Gigee, from transportation.
And Madam Chair, the next awardee is Gail Watson from the
library. And I don't know if she made it in. Did Gail make it? Oh,
she did. Great. And she's also a 25-year awardee.
Madam Chair, that brings us to proclamations on our agenda.
Item #4 A
PROCLAMATION PROCLAIMING THE WEEK OF MAY 2-8,
CHAIRMAN FIALA: Thank you very much. And the first
proclamation will be read by Commissioner Halas. It's a proclamation
to proclaim the week of May 2nd to 8th as Drinking Water Week. To
be accepted by Steve Lang, plant manager, Steve Messner, Joe
Thomas and Howard Brogdon. If they would come up here, please.
Thank you.
Commissi oner Halas?
COMMISSIONER HALAS: Good morning, gentlemen. It's a
pleasure to have you with us this morning, and also, it gives me great
pleasure to read this proclamation for the wonderful service that you
people perform.
WHEREAS, the water flows in a natural cycle from earth to air
Page 8
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April 27, 2004
and earth again; and,
WHEREAS, water is a basic and essential need of every living
creature; and,
WHEREAS, our health, comfort and the standard of living
depend upon the abundant supply of safe drinking water; and,
WHEREAS, the citizens of Collier County should have a safe
and dependable supply of water both now and in the future; and,
WHEREAS, we are calling upon each citizen to help protect our
water resources from pollution, to practice water conservation, and to
be involved in local water issues.
NOW THEREFORE, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that the week of May 2nd
through the 8th, 2004 be recognized as Drinking Water Week.
DONE AND ORDERED THIS 27th day of April, 2004, Board
of County Commissioners of Collier County, Florida, Donna Fiala,
Chairperson.
I move we accept this proclamation.
CHAIRMAN FIALA: Second.
All those in favor, say aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Thank you very much.
Here's your proclamation. Would any of you like to say a few
words? Would you like to say a few words? If anybody wants to say
a couple of words, feel free to do --
MR. DeLONY: Our tech will say a couple of words.
Page 9
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------
April 27, 2004
CHAIRMAN FIALA: Okay, thank you. Thank you very much.
MR. BROGDON: For the record, I'm Howard Brogdon, Water
Department Laboratory Supervisor. Mr. Steve Lang, South Water
Plant Manager, Steve Messner, North Water Plant Manager, Joe
Thomas, Water Distribution Manager. And I would like to thank the
Board of County Commissioners and the citizens of Collier County
for recognizing May 2nd through 8th, 2004 as Drinking Water Week.
On behalf of the water department, the public utilities division
and Collier County government, we accept this proclamation and
recognize the responsibility to provide the citizens of Collier County
with a safe and reliable source of drinking water.
And also, further, we would like to state that we will strive to
educate and inform all citizens on the conservation and protection of
this most important and essential resource. Thank you.
CHAIRMAN FIALA: Before you leave, may I ask a question?
Will you be doing anything special to focus on drinking water in
Collier County, such as tours of the water plants or any kind of a
special water symposium, or, you know, anything to show people
what we're doing in Collier County to not only improve their drinking
water but to make sure that we have drinking water in the future?
MR. DeLONY: For the record, Jim DeLony, Public Utilities
Administrator.
Not this week. This is just one of the many facets of our
outreach program this year, ma'am.
CHAIRMAN FIALA: Okay.
MR. DeLONY: We've had special programs throughout the
year, and this is just another part of that total package.
CHAIRMAN FIALA: Very good. Thank you.
MR. DeLONY: Yes, ma'am.
COMMISSIONER HALAS: I would also like to say, I really
want to thank the water department for the outstanding work they did
Page 10
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----------
----
April 27, 2004
this past season. As you know, we had a high tourist season this year,
and we didn't have any glitches in the system. And I think everybody
in the water department should be commended for an outstanding job,
and thank you very, very much.
MR. DeLONY: Thank you, Commissioner.
Item #4 B
PROCLAMATION DESIGNATING THE MONTH OF MAY, 2004,
CHAIRMAN FIALA: And the second proclamation will be read
by Commissioner Coyle, designating the month of Mayas Civility
Month.
COMMISSIONER COYLE: And this proclamation will be
accepted by David Weigel. David, would you come up here and stand
with us? You want to bring anyone else with you? Okay. Okay,
good.
WHEREAS, the open exchange of public discourse is essential to
the democratic system of government; and,
WHEREAS, as a cornerstone of democracy, Americans have
observed the certain rules of behavior generally known as civility;
and,
WHEREAS, civility, derived from the Latin word civitas,
meaning city, and civis, meaning citizen behavior worthy of citizens
living in a community or in common with others; and,
WHEREAS, displays of anger, rudeness, ridicule, impatience,
and a lack of respect and personal attacks detract from the open
exchange of ideas, prevent fair discussion of the issues and can
discourage individuals from participation in government; and,
WHEREAS, civility can assist in reaching consensus on diverse
Page 11
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April 27, 2004
issues and allow for mutually respectful ongoing relationship; and,
WHEREAS, civility can uplift our daily life and make it more
pleasant to live in an organized society; and,
WHEREAS, the city, county and local government law section of
the Florida Bar urges the adoption of a pledge of civility by all citizens
in the State of Florida.
NOW THEREFORE, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, the month of May is
proclaimed as Civility Month, and calls upon all citizens to exercise
civility toward each other.
DONE AND ORDERED THIS 27th day of April, 2004, Board
of County Commissioners, Collier County, Florida, Donna Fiala,
Chairman.
Madam Chair, despite the fact that this will remove all the fun
from our Board of County Commissioner meeting, I strongly
recommend that this proclamation be accepted.
COMMISSIONER HALAS: And I second that.
CHAIRMAN FIALA: I have a motion to approve by
Commissioner Coyle, second by Commissioner Halas.
All those in favor, say aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: And opposed, like sign.
(No response.)
CHAIRMAN FIALA: Thank you very much.
Would you like to say a few words?
MR. WEIGEL: I would, thank you.
Madam Chairman and Commissioners, and all here, I want to
Page 12
April 27, 2004
thank you, on behalf of the County Attorney office, as well as being a
member and president of the Florida Association of County Attorneys,
to accept this proclamation of Civility Month.
I note, however, that its origin comes from the Florida Bar local
government law section, and we also note from the text of the
proclamation itself that it's not talking purely to the government public
processes here but civility in general among men and women. But I
know in my heart that the root of this comes back from Shakespeare's
Hamlet where the famous phrase came, first let's kill all the lawyers.
And then after that we decided that we better spread it a little further
than that and make sure that it applies to everyone.
Attorneys are often in the front line fighting battles, or at least
seeking assistance and relief from courts, and our office and so many
attorney offices here in Collier County are respectful of the judicial
process and respectful of the process of working through local
government as well.
We hope that our office continues to and certainly is accepted as
reaching those standards of civility. And as I mentioned last year,
when appropriate, that we're the iron fist in a velvet glove.
But again, we thank you to have the opportunity to speak on
behalf of attorneys in the public at large, and we'll do our part as best
we can to increase the civility with our everyday actions. Thank you.
CHAIRMAN FIALA: Thank you, David.
Item #4C
PROCLAMATION RECOGNIZING MAY 9-15, 2004, AS
And now we have a proclamation to recognize Tourism Week in
Collier County, to be accepted by Jack Wert. Is Jack here? No?
Page 13
April 27, 2004
MR. MUDD: I'll take it, ma'am.
CHAIRMAN FIALA: Okay, very good. To be accepted by Jim
Mudd, on behalf of Jack Wert.
WHEREAS, the travel and tourism industry supports the vital
interests of Collier County, Florida and the United States, contributing
to our employment, economic prosperity, peace, understanding and
goodwill; and,
WHEREAS, travel and tourism ranks as the number one private
sector industry in Collier County and in Florida, in terms of revenues
generated; and,
WHEREAS, 1.5 million visitors contributed nearly $1 billion to
the economy of Collier County in 2003; and,
WHEREAS, the travel and tourism industry provides over 18,000
direct jobs to the economy of our area; and,
WHEREAS, potential visitors become more aware of the
outstanding beaches, golf, shopping, restaurants and natural historic
and cultural activities, travel and tourism will become an increasingly
important aspect in the lives of our citizens; and,
WHEREAS, given these laudable contributions to the economic,
social and cultural wellbeing of the citizens of Collier County, it is
fitting that we recognize the importance of travel and tourism.
NOW THEREFORE, be it proclaimed that the Board of County
Commissioners acknowledges the contributions of the economy of
Collier County, Florida, by the travel and tourism industry by
designating May 9th through the 15th, 2004 as Tourism Week in
Collier County, and that this proclamation be acknowledged by the
greater Naples, Marco Island, Everglades Convention and Visitors
Bureau at their tourism awards luncheon on May 7th.
DONE AND ORDERED THIS 27th day of April, Board of
County Commissioners, Collier County, Florida, Donna Fiala,
Chairman.
Page 14
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April 27, 2004
Motion to approve.
COMMISSIONER HALAS: Second.
COMMISSIONER COLETTA: Second.
CHAIRMAN FIALA: All those in favor, say aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Mr. Mudd, thank you for being here on
behalf of Mr. Wert.
Did you want to say a few words?
MR. MUDD: I'm going to, ma'am.
CHAIRMAN FIALA: And did you know that Commissioner
Coyle brought a timer today to time all of us?
COMMISSIONER COYLE: No, only to time Commissioner
Coletta.
CHAIRMAN FIALA: Oh, I see.
MR. MUDD: Ma'am, on behalf of the tourism industry of
Collier County, I'd like to thank the Board of County Commissioners
for this proclamation, declaring the week of May 9th through the 15th
as Travel and Tourism Industry Week.
As you all know, tourism is a large part of our economy in
Collier County. It's the number one employer in business in the
county. I will also say, based on records that we've seen, it was a
bang-up year for the tourism industry. They finally -- we finally
caught up to the 9/11 Iraqi war kind of scare that we had. And our
high season this year is basically bringing revenues at an all-time high.
I would also like to let folks know about the tourism awards
Page 15
April 27, 2004
luncheon on May 7th, and encourage folks to go. And the tourism
industry will be there in order to encourage themselves and pat
themselves on the back for a great year. Hope to see you there.
Thank you very much.
CHAIRMAN FIALA: Thank you so much.
Item #4 D
PROCLAMATION DESIGNATING THE WEEK OF APRIL 26
THROUGH MAY 2, 2004 AS FLORIDA AMERICAN
And now we have a proclamation to designate the week of April
26th through May 2nd as Florida American Association of University
Women Week. And this is to be accepted by Cindy Anderson. Cindy
Anderson, a fellow Kiwanian with my Marco Island Kiwanis Club.
Thank you, Cindy. Come on up. Thank you.
WHEREAS, the Florida American Association of University
Women promotes equity for all women and girls, learning life-long
and positive social change and -- societal change, I'm sorry.
WHEREAS, the Florida American Association of University
Women is a part of a powerful national network for professional and
personal growth and advocacy for equality and equity; and,
WHEREAS, the Florida American Association of University
Women has launched community programs that touch women and
girls of diverse backgrounds; and,
WHEREAS, the Florida American Association of University
Women is part of a national organization that offers $4 million a year
in fellowships and grants to graduate women through their educational
foundation; and,
WHEREAS, the Florida American Association of University
Page 16
April 27, 2004
Women supports plaintiffs challenging sex discrimination on college
and university campuses; and,
WHEREAS, the Florida American Association of University
Women makes a global impact through international initiatives and
partnerships.
NOW THEREFORE, be it proclaimed by the Board of County
Commissioners of Collier County, Florida that April 26th through
May 2nd be designated as Florida American Association of University
Women Week, and to honor the 75th anniversary of the Florida
American Association of University Women, and to encourage all
Florida residents to become aware of the continuing contributions
made by their 6,000 members in 50 Florida communities.
DONE AND ORDERED THIS 27th day of April, 2004, Board
of County Commissioners, Collier County, Florida, Donna Fiala,
Chairman.
Motion to approve.
COMMISSIONER HENNING: Second.
COMMISSIONER HALAS: Second.
CHAIRMAN FIALA: All those in favor, say aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Thank you, Cindy.
Would you like to say a few words, after our photo opportunity?
MS. ANDERSON: I'm always happy when they say the whole
thing, AAUW, because you can imagine sometimes what people think
it might be. It's not an organization for rehabilitation.
Page 1 7
April 27, 2004
Anyway, you heard rather that the AAUW is an organization
comprised of women who have four-year degrees and beyond, whose
purpose is to promote equity for women and girls.
And as president of the 26-year-old Marco Island AAUW branch,
I'm really proud to accept this on behalf of our branch, as well as the
greater Naples branch, and will be taking this proclamation with me to
the state AAUW convention in Orlando, as we celebrate 75 years.
And this will be shared with all the conventioneers with this terrific
honor that you, the Board of Commissioners have bestowed upon us,
and we're excited and we're proud and we thank you so much.
CHAIRMAN FIALA: Thank you.
Item #4 E
PROCLAMATION DESIGNATING THE FIRST WEEK IN MAY
EVERY YEAR AS NATIONAL ARSON AWARENESS WEEK-
AllOEIED
Our next proclamation will be read by Commissioner Henning to
designate the first week in May every year as National Arson
Awareness Week. To be accepted by Jason Gunkle.
COMMISSIONER HENNING: Madam Chair, if we can ask all
the representation from the fire districts to join us in moving this
proclamation, I would appreciate it.
Also, Madam Chair, I would like to add, this is a very important
message to get out to the public, as we are in dry season this year. So
let's move this proclamation.
WHEREAS, juvenile arson is a serious crime and affects all the
people and can only be stopped when citizens realize the fiscal and
emotiona~ pain suffered by arson victims; and,
WHEREAS, juvenile arson and young set fires result in 300
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April 27, 2004
deaths annually, 2,000 injuries annually, and 300 million property
damage annually, and more than 40,000 accidents annually; and,
WHEREAS, if people can become more informed and
communities can have intervention and treatment programs for
juvenile fire setters, stride can be made in a very preventable
malfeasance; and,
WHEREAS, the price that people pay for young setters' fires is
extreme, most of the lives lost are those of very young children setting
the fires.
In addition to the cost of the damage to the property, there is a
cost in communities for the increased resources needed to combat
juvenile fire setting.
WHEREAS, public awareness is one of the specific
responsibilities in Collier County Commission.
NOW THEREFORE, be it proclaimed by the Board of
Commissioners of Collier County, Florida that they designate the
beginning week of May 2nd, 2004 as National Aware -- Arson
Awareness Week, and fully -- first fully week of May shall be
designated each year thereafter.
DONE AND THIS ORDER 27th day of April, 2004.
I guess I forgot to take my Lipitor this morning. Sorry about
that.
Madam Chair, I make a motion that we move this proclamation.
COMMISSIONER COLETTA: Second.
CHAIRMAN FIALA: Motion and a second on the floor.
All those in favor, say aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
Page 19
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April 27, 2004
CHAIRMAN FIALA: Thank you. Congratulations, and thank
you for all you're doing for us.
Jason, go ahead.
MR. GUNKLE: I'd like to thank the Commissioners for
recognizing the first week of Mayas Arson Awareness on behalf of
the fire districts in Collier County.
As you know, every year we do fire prevention in the schools,
and we don't really teach on arson awareness and things like that. And
at this time, with the proclamation and the juvenile fire setter program
and educating children, I encourage people that know of people
starting fires to definitely report them, or, you know, get them into
educational programs, such as the fire setter program, to help stop
injuries and property damage loss and things like that. Again, I thank
you for your time and -
Item #4 F
PROCLAMATION DESIGNATING THE WEEK OF MAY 2
THROUGH MAY 8, 2004, AS BE KIND TO ANIMALS WEEK-
A.DOnED
CHAIRMAN FIALA: Thank you. And our next proclamation is
to designate the week of May 2nd through the 8th as Be Kind to
Animals Week. Commissioner Coletta will read this proclamation.
COMMISSIONER COLETTA: Everybody say ahh. For good
reasons.
WHEREAS, animal companions are considered to be man's best
friend by protecting and befriending their human caretakers; and,
WHEREAS, Collier County Domestic Animal Services actively
seeks to educate the public about proper loving care of all animals,
while the department also investigates reported cases of animal
Page 20
April 27, 2004
neglect and abuse; and,
WHEREAS, thousands of animals suffer from neglect of their
basic needs, including food, water and shelter every year, because
many times pet owners do not recognize the signs of pet neglect; and,
WHEREAS, pet abuse has been closely linked by several studies
to other types of violence, including family violence; and,
WHEREAS, Collier County recognizes the need to raise
awareness concerning the importance of respecting all animals,
domestic or wild, because animals should be treated like family and
provided with gentle loving care; and,
WHEREAS, the animal humane society -- American Humane
Society has led the campaign to respect the animals for the last 85
years through its national recognized Be Kind to Animal Week; and,
WHEREAS, believing dogs, cats and other animals deserve to be
respected, well cared for and protected from harm or abuse, the
Department of Animal Services also recognizes Be Kind to Animal
Week in an effort to educate the public about our best friends.
NOW THEREFORE, be it proclaimed by the Board of Collier
County Commissioners that May 2nd through May 8th, 2004 be
recognized as Be Kind to Animal Week.
DONE AND ORDERED THIS 27th day of April, 2004, Donna
Fiala, Chairman.
And I make a motion for approval.
COMMISSIONER COYLE: Second.
COMMISSIONER HALAS: Second.
CHAIRMAN FIALA: I have a motion on the floor by
Commissioner Coletta, second by Commissioner Coyle.
All those in favor, say aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COYLE: Aye.
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April 27, 2004
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Would you like to say a few words?
MS. WALSH: Good morning, Commissioners. By name is Beth
Walsh, I'm the interim director of animal services. Thank you for
proclaiming May 2nd through the 8th as Be Kind to Animals Week.
This nationally recognized week celebrates all of our furred, feathered
and finned friends. It provides us the opportunity to pamper those
animals that provide so much comfort and love to us and to our
families.
A few things everyone can do to celebrate this week are making
dog walks a part of your regular routine, have your pet spayed or
neutered, or update your license. If you have an outside cat, bring it
indoors permanently, since indoor cats live longer, healthier and safe
lives.
You can show your appreciation for the animals that share our
environment by planting a bush that feeds butterflies, conserving
water or perhaps increasing your recycling efforts. Whatever you
choose to do, use this upcoming week, May 2nd through the 8th, to
look around your house, yard and community, and enjoy the beauty
and friendship that animals bring to this world. Thank you.
CHAIRMAN FIALA: Thank you.
MR. MUDD: Beth, are any of those animals up for adoption?
That would be a good thing to do during the week. Maybe go by the
DAS, and if you don't have a pet, come by and pick one up, and
they're pretty inexpensive.
MS. WALSH: Yes, this baby and two of her siblings are
available for adoption.
COMMISSIONER HALAS: How old is the dog?
MS. WALSH: She's eight weeks.
COMMISSIONER HALAS: Eight weeks?
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April 27, 2004
MS. WALSH: Thank you.
CHAIRMAN FIALA: Thank you.
Did anybody say that Beth is our interim director over there?
MR. MUDD: She did, ma'am.
CHAIRMAN FIALA: Oh, great. I'm sorry I missed that.
Item #4G
PROCLAMA TION DESIGNATING MAY 6 AS NATIONAL DAY
OE.E.R A YER - A llilITED
A proclamation to be read again by Commissioner Coletta,
declaring May 6th as the National Day of Prayer.
COMMISSIONER COLETTA: Thank you. Is the Reverend
Pastor Michael Harper in the audience? Sir, would you come up front,
please. The Reverend Harper is the new minister of the Everglades
Community Church on the circle in historical Everglades City. He's a
full-time chaplain at Naples Community Hospital.
On May 6th, the National Day of Prayer in Everglades City,
Mayor Sammy Hamilton, is planning a special event at City Hall that
day at noon when the proclamation will be read from the steps of City
Hall. Just for your information, lunch will be served, but I expect you
all to pay for it. With that:
WHEREAS, America has turned to God in prayer for guidance
since our nation's founding; and,
WHEREAS, throughout the history of our state and nation, we
have humbly prayed for guidance, comfort and protection, where
needed, and have given thanks for our many blessings which God has
graciously bestowed on the nation since its inception; and,
WHEREAS, prayer is regarded by millions as the most important
utterance of mankind for its benefit; and,
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April 27, 2004
WHEREAS, prayer has comforted us in times of sorrow and
given us strength and hope for the future. We ask God to keep His
hand upon us and bless the great State of Florida and the United States
of America; and,
WHEREAS, we continue to give thanks for the men and women
of the military that are defending freedom, and we humbly ask God
for their protection and pray for peace throughout the world; and,
WHEREAS, the National Day of Prayer is a day set aside by
Congress for all Americans to pray and reaffirm the spiritual
principles upon which this nation was founded; and,
WHEREAS, this year is the 53rd anniversary of the consecutive
annual observation of the National Day of Prayer, with this year's
theme, Let Freedom Ring, based on Leviticus, 25: 10, proclaim liberty
throughout the land to all its inhabitants; and,
WHEREAS, on May 6th, 2004, Americans across our nation and
state will unite at specific times in pray to acknowledge our
dependence upon God, give thanks for the many blessings our country
has received from Him, recognize our needs for personal and
corporate repentance and renewal, and involve God's blessing upon
our leaders and ask God to protect and bless our nation.
NOW THEREFORE, be it proclaimed by the Board of Collier
County Commissioners of Collier County, Florida that May 6th, 2004
be observed as National Day of Prayer.
DONE AND ORDERED THIS 27th day of April, 2004, Donna
Fiala, Chairperson.
And I make a motion for approval.
COMMISSIONER HALAS: Second.
CHAIRMAN FIALA: Okay, I have a motion on the floor from
Commissioner Coletta, second from Commissioner Halas.
All those in favor, say aye.
COMMISSIONER HALAS: Aye.
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Apri127,2004
CHAIRMAN FIALA: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Thank you very much, Michael, for being
here.
COMMISSIONER COLETTA: Would you like to say a couple
of words? First, for the picture.
MR. HARPER: Madam Chairman and Board of County
Commissioners, on behalf of the churches and the citizens of Collier
County, and especially the community I represent, Everglades City
Community Church, and the churches that have banned together there
and our citizens there, with the leadership of our Mayor, Sammy
Hamilton, we accept this proclamation with great humbleness and
gratitude, recognizing that our founding fathers established our
country upon prayer. It was in 1 775 that our Continental Congress
recognized the value of prayer, called our country to prayer.
We pray for our County Commissioners, we pray for our civic
leaders. And on May the 6th, there will be several celebrations around
our county, Everglades City, City Hall, City Hall in Naples, and in the
evening at Cambier Park at 6:00 p.m. So our churches and our
citizens are valuing the foundation that our forefathers recognized of
the importance of prayer and faith in having a quality of life. Thank
you very much.
CHAIRMAN FIALA: Thank you.
Item #5A
JOHN CONTI RECOGNIZED AS EMPLOYEE OF THE MONTH
~
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April 27, 2004
And now we would like to recognize John Conti as the employee -
of the month. Hi, Michael, how are you?
John, come on up. Thank you.
It's embarrassing, but would you face the audience.
John Conti is one of Collier County's stars.
Collier County has employed John Conti for over 15 years. The
last nine of those years has been as a member of the county's
transportation team. John's responsibilities include being in charge of
the widening of Radio Road, the Goodlette- Frank improvement
project and the Wiggins Pass outfall project, where he received input
from residents concerned about the close proximity of the project to
their homes. John demonstrated good judgment, professionalism and
a good engineering know-how in his responses that ultimately
resolved their concerns. This contributed favorably to the final
outcome.
John's management's style is a proactive one. John utilizes his
expertise to troubleshoot and improve any potentially troubling project
situation. John has saved the county money and time through his
experience and expertise. He puts all public information meetings
regarding -- he attends, I'm sorry -- all public information meetings
regarding his projects and is responsive to community input and
concerns.
John's selfless commitment to the transportation services division
and its mission to exceed the expectations of the community he serves
are all examples of his service beyond the call of duty.
The employee of the month selected is John, and we will be
giving him a $150 check to cash for his use any way he'd like, and we
have a really wonderful plaque and a little letter as well.
John, thank you so much for all that you're doing. Service is our
business, right? That's all we have. And with good service we can
take care of those customers. Thank you very much.
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April 27, 2004
Oh, let me see your buttons. Oh, I'm glad you wore those.
Item #6A
REQUEST BY DAVID TETZLAFF TO DISCUSS POTENTIAL
FOR THE COUNTY TO PURCHASE CARIBBEAN GARDENS
PROPERTY - STAFF DIRECTED TO HOLD A WORKSHOP TO
MR. MUDD: Commissioner, that brings us to public petitions.
CHAIRMAN FIALA: Thank you. Our first public petition,
request by David Tetzlaff to discuss potential for the county to
purchase Caribbean Gardens property.
MR. TETZLAFF: Good morning, Madam Chair,
Commissioners.
CHAIRMAN FIALA: Good morning.
MR. TETZLAFF: Thank you for the opportunity to present this
petition in front of you this morning. I have some materials that need
to be distributed. Just basic information on the zoo.
I'd like to preface this that I know this has been in the media over
the last four days. We did not seek advance publicity on this issue. I
wanted to clarify that with you all, and I apologize for any
inconvenience that the media may have imposed upon you. That was
not our intent whatsoever.
We've arranged a brief power point presentation, if we can direct
your attention to your screens, go over some of the things that we'd
like to present for you this morning.
We do feel we are one of the top attractions here in Collier
County and have been so for 35 years and continue to grow each and
every year.
Caribbean Gardens provides a save, fun attraction for residents
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April 27, 2004
and visitors. For a number of years running we have been voted the
best tourist attraction, the best place to take kids among the local
periodicals.
We feel that our attendance has grown. Last year we actually had
almost 202,000 visitors to Caribbean Gardens, which is a record year
for us, which represents a 1 7,000 attendance jump from the year
before. So you can see we are making an impact with residents and
visitors. And we do entertain a number of school children at the zoo
every single year, as far as outreach programs. Not only do children
visit the zoo, but we also go out to the schools. We do Rotary,
Kiwanis. Because we're about animals, we're about the environment.
Our membership continues to grow each and every year.
Currently we have 6,000 individual zoo members for the Caribbean
Gardens.
We participate in a number of programs that save animals in and
outside the wild, species survival plans, and currently we're involved
in 13 local national and international projects that involve the
safekeeping of animals and habitats. So zoos do a lot more than just
maintain, in our case, 52 acres. We reach out.
We are located in the heart of Naples. And yes, it is 150 acres of
prime real estate. I believe that's why we're here this morning. For
those of you not familiar, this is an aerial view of the zoo, of course
with Goodlette Road, which would be on the left side of the
photograph. The Gordon River tributary would be on the right.
A quick briefing of our history. Actually, we're celebrating three
anniversaries at the zoo this year. We have an 85th anniversary of
when Dr. Henry N ehrling, who was a German botanist and
ornithologist started the gardens, the original plantings. And of course
the Fleischmanns, Julius Fleischmann who began the gardens as an
attraction in 1954 and his estate still maintains ownership of the land.
You might be interested in this photograph taken circa late 1950's
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April 27, 2004
where in the background is now a strip mall, Coquina Sands.
My family came here in 1969. We had vacationed in Naples, fell
in love with it, and actually my father asked to purchase the property
in '67. Of course it was not for sale. But as it came about, when
Julius Fleischmann passed away in 1968, we had the opportunity to
begin leasing the property. There's my dad, the founder of the exotic
animal end of our zoo.
We have a lot of contacts in the zoo business, and Jack Hanna,
who is well known, says when you think of Jungle Larry, you think of
a man and his family who literally dedicate their lives to exotic
creatures of the earth.
We've been promoting not only tourism in Collier County, but
also the states. We'd only been here for three years and my father was
elected president of the Florida Attractions Association, and my
mother Nancy actually started the Southwest Florida Attractions
Association in our area.
Okay, let's look at where we want to be. We have been operating
on a lease agreement with the Fleischmann family now for 35 years.
F or the last decade or so things, quite honestly, have been up in the
air, and currently, the owners of the property are wishing to sell the
property. They're working on a management plan and this
management plan is six to 18 months out. So no, there's not a for sale
sign in front of the zoo currently, but we're trying to get ahead of the
curve and present this to the Board of Commissioners.
Right now we had met with their legal advisors about three
weeks ago, and they would entertain purchase of the zoo, once they
figure out their management plan, which, as I said, is six to 18 months
out.
What we're presenting to the Board of Commissioners at this
time through this petition is a potential purchase of the property,
which could be done in two ways. We could lease the property as we
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April 27, 2004
have now and maintain it with no direct responsibilities on the part of
Collier County and the citizens other than to support the zoo. And we
also could run the zoo under contract agreement with the county. So
those are options that could be explored.
But we would want to present that we have run this facility for 35
years in the black with no financial assistance from any charity group,
any non-profits, and basically I think that's a testament to our financial
management, and we've continued growth, we've done so.
In respect, if you read the papers lately, everyone from San
Diego Zoo, the Bronx Zoo has had lay-offs and other problems. So I
feel it's -- especially my mother, Nancy, her sound financial advice
has kept us going. We've continued to thrive, long after the mouths
arrived in Florida in 1971.
And what a lot of people don't look at, along with other
attractions, we do offer economic impact. These numbers aren't just
based on estimates. Right now we're working with Florida Gulf Coast
University to get an exact number for you. But based on other zoos
our size and communities our size, we bring in between six and $12
million per year.
A quote from Donna Ross, who's the president of the Florida
Attractions Association: Attractions like the Caribbean Gardens have
a positive influence on local, regional and state economies. They also
contribute to the quality of life in the communities by providing
unique visitor experience for residents and visitors.
We have been promoted in the area for 50 years, in the last 10
years -- there's your economic impact thing again -- 50 to $100 million
is a rough estimate, it could be higher.
A quote from Jack Wert, who unfortunately was not here this
morning for his presentation: Caribbean Gardens and the surrounding
undeveloped area are important assets to protect and preserve.
Without Caribbean Gardens, the visitor experience in our area will be
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April 27, 2004
weakened.
And Mike Watkins has said Caribbean Gardens meets both the
needs of residents and visitors alike. And Bob Delaney, who is with
marketing at the Clarion Inn: It is vital to the tourism community that
venues like the Caribbean Gardens exist and thrive. Our guests need
more than just our beaches. So we have joked for years, we are the
beach alternative.
Our website is in the top 10 first-page rankings on the Google
search engine in Naples, and Naples, Florida. And our website
receives approximately 1,300 visits a day. In the last four months,
we've had over 16,000 visitors.
Another quote from Jack: We preach the Caribbean Gardens in
all our promotional literature and at trade shows worldwide. In fact,
we consider Caribbean Gardens as one of our top attractions.
And this means a lot to us, because basically we're a family-run
operation, one of the few accredited zoos in America that is private
and family-owned that's become accredited. And accredited means
we're in the same grouping with Miami Metro Zoo, Busch Gardens,
Lowery Park, Jacksonville. Those are all top accredited zoos. And
we're family with those folks now.
And this certainly applies to us and to our community. And
believe it or not, this was said a century ago: It's high time to protect
and preserve what is left. And that's by the garden's original founder,
Dr. Henry Nehrling. Thank you for your time this morning.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: Madam Chair, the Caribbean
Gardens is truly a community resource. It's not just something that
should be addressed to the Board of County Commissioners, but
because it impacts the City of Naples, it does impact our tourist
industry. And it's more than a zoo. There are some very, very
interesting botanical exhibits in those gardens.
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April 27, 2004
I asked David to bring this before the board in the form of a
public petition, primarily to get the ball rolling. I think there are lots
of opportunities to do something here. And because it's not currently
for sale doesn't mean we shouldn't start planning for it. I believe that
if we can come up with some plans, we can do something with this
and preserve this resource for our community. And I believe that not
only county government but city government should be involved. I
also believe that the TDC should be involved.
I would like to get an indication as to whether or not
Conservation Collier feels that there are some lands here that meet
their requirements. So I think if we can bring this back for a hearing,
we'll have an opportunity to evaluate lots of alternatives, rather than
dismissing it out of hand that we don't have the money right now. I
think we can find alternatives by getting enough people working
together, because this is truly a community resource.
CHAIRMAN FIALA: So is that in the form of a motion?
COMMISSIONER COYLE: That's in the form of a motion, to
bring it back for a formal hearing.
CHAIRMAN FIALA: Okay. I have a motion on the floor, a
second by Donna Fiala. And we have three commissioners waiting on
line.
Commissioner Halas first.
COMMISSIONER HALAS: I'd like to see an interlocal
agreement between possibly the county and the city in regards to
purchasing the zoo, or something of this nature. I think that needs to
be for discussion. But I really think that this is a community affair,
and most of the zoo, even though it's located within the county,
basically it's within the confines of -- geographically in the city. So I
really think that the city ought to step up to this, too.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: Thank you. I think we're all on
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April 27, 2004
the right track with this. I don't think it should come back in a regular
commission meeting, I think it should be a workshop, if we're going to
do anything, to include all the partners that would be out there. You're
going to need a tremendous amount of community support to carry
this forward. And like the Friends of the Museum and the Friends of
the Library.
The way we work it with museums, which there's some relation
here, is that normally what happens is outside of the county
government, they raise the money, they make the purchase, they put
together the infrastructure and then the county assumes responsibility
of maintaining it. In this case I know you're looking for something a
little bit different. But if there's the interest of our so-called possible
potential partners out there, being the City of Naples, the Chamber of
Commerce should be one, because it's going to be a benefit to the
economic well-being. The EDC, City of Naples, going right down the
list, the tourist development thing. Have a great big workshop where
we all come together and we take a look at this thing and we see what
the financial feasibilities of this whole venture would be.
Like Commissioner Coyle says, you know, the money isn't there
right now for something of this size. I would assume that we're
talking many, many millions of dollars. That property has got to have
a value of 10, $20 million or more. I would have no idea. But
obviously it's a big nut to crack, but it is an opportunity that we need
to explore on a community effort.
I would support a workshop, but not bringing it back at a regular
meeting.
CHAIRMAN FIALA: Okay. Commissioner Henning?
COMMISSIONER HENNING: At this time, I think it's
appropriate to direct the Chairperson to write a letter to the property
owner, ask them if they would consider selling the property to local
government before, you know, we spend a lot of time on this.
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April 27, 2004
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: First of all, the property owner isn't
ready to sit down and discuss sale price, because they don't know what
they can or will do with the property. If we wait until they have made
that determination, it might very well be too late.
I believe that the intent of the public petition is to get our
approval to bring it back for a formal hearing. However, I like
Commissioner Coletta's recommendation, because if we bring it back
for a formal hearing, obviously we would then direct somebody to go
out and gather information about how we could do it. So why not
jump start it, let's go directly to the workshop. Let's instead give
guidance to the staff to get all of the potential players involved and try
to find out to what extent we can depend upon those players for the
necessary financial resources to get this moving along. And if we can
put together some kind of partnership, then we'll be in a position to
make a reasonable offer for this property, if and when it is offered for
sale.
Because it is going to be developed. I think we all know that.
And I think we all know that the property that is occupied by the zoo
is among the most valuable property in that parcel. So we have to be
prepared to do something. We cannot wait until the last minute.
COMMISSIONER FIALA: So would you like to amend your
motion?
COMMISSIONER COYLE: Yes, I would be happy to amend
the motion to direct staff to have a workshop, identify all of the
potential stakeholders and invite them to a workshop and see if we
can't get this discussion started.
CHAIRMAN FIALA: And my second will amend that as well.
COMMISSIONER HENNING: Commissioner Fiala, can I
clarify my comments?
CHAIRMAN FIALA: Sure.
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April 27, 2004
COMMISSIONER HENNING: My comments wasn't -- I didn't
say that we ought to seek a sales price or what the property -- what
they would sell it for. I just asked that the Chairperson write a letter
and ask the property owner if they would consider selling to local
government.
CHAIRMAN FIALA: Do you think we ought to be doing that
after we workshop it to see if we're -- you know, if we have
partnerships aligned, or do you want to --
COMMISSIONER HENNING: If there's no consideration by
the property owner to sell it to local government, then if the local
government wants to go forward, then the only option is eminent
domain, and I'm not sure if the commission is in favor of that. I just --
I think it's a fair question to ask the property owner if they would
consider selling to it the government. Not any price at this point.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: The other thing is that with the
amount of people that travel through there, maybe somebody in the
public would buy this piece of property and retain it as a zoo as it is
right now. So that's a possibility also.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: I think the kinds of things a
property owner would evaluate with respect to selling property to
anybody is what is the price and what's it going to be used for and
how will it affect my land, the remaining land I have. And I think by
forming a coalition of interested people, we have a much better chance
to influence the property owner to provide it to us. We have nothing
to offer to the property owner at the present time. We can't even talk
price. So how's he going to make a decision about selling it, if you
can't -- if you don't have a proposal to present to them? They're not
going to just say to you that yeah, I'll sell it to government without
knowing how much they're going to pay for it and what the -- and they
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April 27, 2004
won't say no, we won't sell it to the government unless they know
what they're likely to get out of it.
So I think it's probably -- writing a letter is a nice thing to do, but
I think it's something that's not likely to produce any results. If that's
the desire of the majority of the board, then I see no harm in it. But I
wouldn't want to delay the process of getting the stakeholders together
and coming up with something that is really hopefully meaningful.
CHAIRMAN FIALA: Okay, we have a motion on the floor to
workshop this issue and a second, but we also have a request to write
this letter. I would like all the commissioners' comments on that.
Would you like to write a letter before we do this workshop? You've
already made a comment, and you're --
COMMISSIONER COYLE: Yeah, my concern is what if he
writes back and says no, we wouldn't -- we're not interested in selling
it. So now, then we're going to say well, why get everybody together
to talk about it, and then six months from now he says okay, yeah,
now I'll sell it and we don't have anything put together to do anything
with it. So I think it's a mistake.
CHAIRMAN FIALA: To write a letter?
COMMISSIONER COYLE: Yeah, to write a letter.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: Yeah, I think what we ought to
start off with is probably a workshop at that point.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: I can go for a workshop, and at
that point in time we might have a better feeling of how the property
owner stands on it.
CHAIRMAN FIALA: Okay. So we can keep the suggestion
from Commissioner Henning at bay until we've done this workshop
and until we move forward.
So we have a motion on the floor by Commissioner --
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April 27, 2004
COMMISSIONER HALAS: Can I ask one more question?
CHAIRMAN FIALA: Yeah.
COMMISSIONER HALAS: When we have a workshop, what
we're going to include -- who are basically we going to include? Are
we going to include the city, so that we can see if there's going to be --
CHAIRMAN FIALA: Absolutely.
COMMISSIONER HALAS: Okay. All right.
CHAIRMAN FIALA: And Conservation Collier. We've
mentioned quite a few, EDC, Chamber of Commerce, TDC. EDC--
EDC, TDC, yes.
Okay. So we have quite a few players on this. And of course the
owners -- or the people who operate --
COMMISSIONER COYLE: You might even be included,
David, I don't know.
CHAIRMAN FIALA: Thank you. Okay, we have a motion on
the floor by Commissioner Coy Ie to workshop this issue and for staff
to set this workshop up, second by Commissioner Fiala.
MR. MUDD: Commissioner, before you take the vote, let me
just interject one thing. And I asked the question back from Mr.
Schmitt real quick about zoning. I believe that this property is in the
county. I believe if the family has plans to develop, they're going to
have to come before this board for some kind of a zoning approval.
And I'm going to ask counsel if this workshop in any way would
jeopardize that particular zoning, if it does come in front of the board
at a future time. I just want to make sure that we're okay on this one
before you finally take the last vote, get a little bit of legal opinion.
MR. WEIGEL: Well, the answer to the first question is no, so
the answer to the second question is we're okay on this one and can go
forward with the workshop.
CHAIRMAN FIALA: Thank you, David.
Commissioner Halas?
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April 27, 2004
COMMISSIONER HALAS: That was from the last time.
CHAIRMAN FIALA: Okay, fine, thank you.
All those in favor, say aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Very good. That passes 5-0. We're going
to set up a workshop. And thank you so much for coming here today
and for all of your friends and my good friend, thank you.
Item #6B
REQUEST BY LARRY GANTZER TO DISCUSS A COLLIER
JUNIOR/PUBLIC GOLF COURSE - STAFF DIRECTED TO
EV ALUA TE OPPORTUNITIES AVAILABLE AND PROVIDE A
We have the next petition, Larry Gantzer, to discuss the golf
course.
MR. GANTZER: Good morning, Madam Chairman. Good
morning, Board of County Commissioners, Mr. Mudd, Mr. Ochs.
I've been on this band wagon for a few years, and I think I've
talked with a couple of you independently regarding the possibilities
of a junior golf course in Collier County that would be open to the
public when the juniors are in school. I have put some paperwork in
front of you, some letters that have come from different departments
of the state, environmental protection agency, from one of our state
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April 27, 2004
senators. Also, I put a little thing together from the history of Collier
Junior golf.
When I started this back -- the idea in '99, I started to play 100
holes of golf and do a fundraiser. I teamed up with the Community
Foundation. I have Mr. Franz in the audience, as well as Mr. Watkins
from the Naples Beach Club, my employer, who has been a great
supporter of the fundraising efforts for this.
We have had some private donors that have contacted me.
Things have not panned out for that. If you look down, I think it's
about the fifth page in, there's a proposed Collier County land, and it
talks about the possibilities and what could happen with said land, the
price to build the golf course. The possibility of grant money through
different entities for this project.
We have Gulf Coast University that is trying to adopt the
professional golf management program. That is a program that
educates young men and women in the business of golf through the
PGA of America. And those students could in fact be at a golf course
like this honing their skills.
As a young man, I started at the Naples Beach Club, 15 years
old, working around the golf. You know, the basics, cleaning clubs,
picking up range balls, things of that nature, with the assistant pro for
13 years, and took over as the head professional in '99.
Young men and women don't get that opportunity to learn the
business of the game of golf. Not every one of them turns out to be
one of the great players out on tour, but there are great opportunities in
the business of golf.
And I'd like to take this point in time just to bring to the attention
that there are many, many golf courses in the area. Two years ago, the
girl's district championship had no place to play their event and it was
going to be canceled. The Watkins family donated the golf course for
the day. This year, same thing, we have a district championship
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April 27, 2004
coming up. We're looking for a golf course to be donated for that
championship to happen.
The young men and women in Naples, the children, the juniors,
have started to play golf at the middle school level. We coach
Gulfview Middle School in practices and their matches at the Naples
Beach Club. There are several other golf courses in the area that host
middle schools, high schools. If we had one facility that could host
them all, they would have a central location for their events, for their
place to practice.
The idea was entertained by one of the commissioners that we
have a bus system now in Naples that could help provide
transportation to that golf course. With some 80 golf courses, I
believe, in our county, it's becoming more and more difficult for
juniors to find a place to play where there's no cost to them, where
they can have their events and matches.
Also, my idea behind it is that it becomes an educational place.
It teaches them about the business of golf from etiquette to rules to,
you know, club repair, caddy programs, and merchandising in the golf
shop. I have talked to retired superintendent of schools, as well as
retired teachers that would love to donate their time for after school
programs for tutoring the children. And I think in one of my addresses
with Bill from the Community Foundation, he mentioned, you know,
if we can have kids in a program that's teaching them etiquette, ethics,
where they call the rules on themselves, I think you all have watched a
little golf on television, you see the PGA promoting junior golf and
what kind of young men and women that game makes.
I just wanted to bring it to the board, find out if there's anything
we can do, where we can go from here, a workshop, another hearing,
whatever it may be, I'd like to know what direction we can take.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: This golf course, do you envision
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April 27, 2004
this being open to the general public?
MR. GANTZER: Yes, sir, I do believe that it should be open to
the general public on the time period when the children are in school.
I think -- and with this is some research that I did a year or so ago,
August 12th through May 28th, that's the time that the children are in
school, so the golf course could be open to the public at that point.
And the bottom of that page, you know, if we ran tee times from 7:30
to 2:00 in the afternoon for those months, we're looking at about
24,000 rounds. Now, that's a figure that I just came up with lightly in
my head as a golf professional knowing the business. And there's a
definite, you know, need for it in Collier County. We don't have a
municipal or public golf course.
COMMISSIONER HALAS: That's what I'm concerned about.
I'm not a golfer myself. I tried to take the game up a few years ago
and ended up destroying a set of clubs. So -- but anyway, I know
there is a lot of people that would like to golf, but they can't afford
some of the green fees that are imposed on some of the golf courses.
And I feel it's just as important to have golf courses or areas of
recreation for not only the young people but the older people. It's just
as important as having beach access. So like I said, I don't have a dog
in this fight. I'm not a golfer, and I probably won't be. But I feel that
there's a lot of people that need to have access to a golf course at or for
a reasonable price.
CHAIRMAN FIALA: Commissioner Coy Ie?
COMMISSIONER COYLE: Yeah, Larry, you and I have talked
about this a number of times over the years, and I have to admit, based
on one of our earlier conversations, I sort of thought there was going
to be a private solution to this problem, and I guess that didn't work
out. And as a result, I haven't been as actively involved in it as I had
been earlier.
But we have tried to reserve some land with some large PUD's as
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April 27, 2004
they come before us, but we haven't been successful. The problem
never has been finding a way to manage it or to even build it. I think
Larry has some good ideas and some good sources for getting
donations to build these things.
And so I think that the real problem is finding land. And I've just
noticed some e-mail recently that suggests that there are some golf
courses for sale. And you probably know more about this than I do,
Larry. And maybe if you could, tell us a little bit about those.
MR. GANTZER: To be honest with you, I don't know the golf
courses that are for sale in the county. I have heard hearsay. I don't
know public record fact that there are things for sale.
Yes, it would be something that I'd like to see the county provide.
I mean, if the county owned a public municipal golf course and we
could have it run so that it would be there for the juniors, as well as
the public. I just really feel that it's very, very important that we take
a stand in this community to try to help junior golf at a higher level.
You can go anywhere across the country and find First Tee programs,
programs that are out there to grow kids in the game or in the business
of golf. And Collier County and Naples, Florida, I feel we need to
have that as well.
COMMISSIONER COYLE: Well, I don't want to prolong the
discussion, since the purpose really is to determine whether or not we
want to bring it back for a formal hearing. I would be perfectly happy
to do that, bring it back for some discussion.
COMMISSIONER HALAS: If you'll make a motion,
Commissioner, I'll second it.
COMMISSIONER COYLE: Okay, I'll make a motion that we
do bring it back for consideration before the board.
COMMISSIONER HALAS: And I'll second that.
CHAIRMAN FIALA: Commissioner Henning, then
Commissioner Coletta.
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April 27, 2004
COMMISSIONER HENNING: Sir, you stated that the students
have to pay for being on golf courses?
MR. GANTZER: I'm sorry?
COMMISSIONER HENNING: The public golf courses, you
stated that the students have to pay to get on these courses?
MR. GANTZER: No, sir, what I was stating is that the public
would come and pay a fee to play the golf course.
COMMISSIONER HENNING: Well, presently what do they
do?
MR. GANTZER: Presently, yes, there's a fee associated with, I
would say, 95 percent of the golf courses for juniors or anybody to
come and play at a public facility.
COMMISSIONER HENNING: Is your intent for these students
not to pay if we had a public course?
MR. GANTZER: That's correct. Through grant money, through
donations, through charitable events that Collier Junior Golf -- I
incorporate Collier Junior Golf, the money sits at the Community
Foundation, and all donations, all fundraising activity that happens,
money sits there. We do make donations to different junior programs
that are in place already, but we do not have a facility specifically set
for junior golf or grade school competitions or high school
competitions.
COMMISSIONER HENNING: I just want you to be aware of
the Parks and Recs facilities today, if a person wants to use it, they
need to pay. An example, we just did a ground breaking in Golden
Gate for a skate park. It's a membership to play.
MR. GANTZER: I feel that would be fine, but --
COMMISSIONER HENNING: Wouldn't it be just more
accomplished trying to raise money to pay for -- through the private
sector, raise money to pay for children to play on private golf courses?
COMMISSIONER HALAS: I think he brought that up. It would
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April 27, 2004
be grant and donations from the public.
MR. GANTZER: Correct.
COMMISSIONER HALAS: I think that was what --
COMMISSIONER HENNING: To do that today, instead of
using public funds to have a public golf course. If your goal is to get
the kids to play for free, why can't we do it that way, is try to raise
some money for these --
MR. GANTZER: There are different entities that -- where
children play. We at the resort do not charge the children to play in
their grade school matches. Different high schools, different -- other
schools in the community do not pay to use the facility when they're
playing their matches or when they're having their practices.
I can't speak for the other facilities, but I know that it's becoming
harder and harder with the amount of people that are coming to Naples
and to Collier County to provide that golf course at no charge, and the
times when we have to provide it for them, it's impacting businesses.
It doesn't allow them to use the facility for their members or for the
public players.
So what I'm proposing is that we find a facility that's there for the
children. Okay, we have Fleischmann Park, they can go skate
boarding, they can play baseball, they can play football, they can play
soccer.
Golfs a great entity for juniors, as well as for men and women --
not only juniors, it's a great place for people to enjoy time. And I
really think that yes, there's plenty of facilities that a junior can go and
pay to play, and there's plenty of activities out there for juniors to have
to -- that they can use. But the point that I'm trying to make is okay, I
can go out and do all the fundraising I want, but I still have to send
those juniors to play at a facility that may not want them there. How
do I find that facility?
COMMISSIONER HENNING: At 80 golf courses, I would
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April 27, 2004
imagine you could find one.
I just -- Commissioners, I just have a concern. I think the private
sector can provide like they do for a lot of things. And you know, I
can't get on a baseball field sometimes because it's being utilized by
other people, you know. I'm not sure if what we're trying to do here
would really fix the problem, when I think the private sector can fix
the problem.
COMMISSIONER HALAS: Can I just jump in here? I think
where the gentleman is trying to lead us is the fact that you have 80
golf courses that are in Collier County, and if it's up to the golf course
to decide whether they're going to let the young people have a match
on there or whether they're going to have the public come out there
and pay $250 a round for golf, I think that's the bottom part of the
equation. And young kids -- or young people don't have the ability to
pay $250 for a round of golf. So I think that's where we're trying to
lead this, in that we want to make something that's -- and of course the
people are, the young people, the high school students, or people that
are involved in this golf, they're going to playing at the same time as
when everybody else wants to play. And so when you look at the
economics of it, are you going to let some young group, some young
team come on the golf course and only maybe pay $15 a head to play,
or are you going to wait until you can collect $200 for a round of golf?
So I think that's the economics.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: Economics is, of course, a very
big part of the whole picture.
What does a golf course cost? Just a round number.
MR. GANTZER: At the bottom of that page where I put Collier
Junior Golf proposed, Collier County land, I put four to four and a half
million dollars to construct the facility. Now, I also have an architect
that has donated his drawings, which is $150,000 to $200,000 just to
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April 27, 2004
do the drawing for the facility.
So also you have to remember that if we acquire the land or if we
have a place to do this project, Community Foundation, Tiger Woods
Foundation, National Golf Foundation, United States Golf Association
and the PGA of America -- first letter that I put in front of all of you is
from M.G. Orender, the president ofPGA, on growing the game of
golf. They have grant money available that we can acquire. I'm
trying to do this without costing the county anything, other than
finding us a place to do it at, to find us a piece of land.
COMMISSIONER COLETTA: But what -- Commissioner
Halas, please, I got the floor at the moment. You jumped right in front
of me a couple of times, sir, you know that? Of course, I've got to
show respect your age, and I'll do that. I don't want to lose my train of
thought.
Going back to golf courses and the cost. Obviously the reason
they charge so much to go onto a golf course is because of what the
cost of land is and the availability of the land. So what we're is talking
several things: One, we're talking about county land, maybe, that
might be in surplus or deemed to be presumed to be in surplus, that
still has a real value. Or we're talking about going to ad valorem and
taking the money from that. Or -- and that, one or two ways, we cut
back on something like possibly the water parks, grab that and go to a
golf course. Or we raise the ad valorem tax. Neither one of those
things are a very popular option. We're talking about a lot of money.
I want to be very careful before we start going down that slippery
slope of examining this and then coming back after we have involved
a tremendous amount of staff resources and time to be able to get to
the final thing, that we're talking real money. And real money is very
heavy and we just don't have the surpluses like that.
Now if all these things are out there, all those grants and
everything, then see what you can do about pulling together and do it
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April 27, 2004
on the private sector. This sounds like a very noble gesture. I think
golfs a wonderful game, I tried it once when I was about 13. I didn't
like it so I never did it again.
But in any case, I just don't feel comfortable with this. The
economics on this whole thing just don't quite equate out like I would
like to see. I mean, sure, if it costs the county nothing, that's great, but
it sounds like it's going to cost us big numbers in the end.
CHAIRMAN FIALA: Okay, I wanted to ask you, the first time
we talked about the golf course, we were talking about the golf course
in Lakewood. It's an executive course, and very poorly maintained.
And as we all know, it's become overgrown at times when -- it's
terribly neglected and we've had code enforcement out there. Is
something like -- and I heard it was for sale. Is an executive course in
such poor shape actually something you would be considering or --
MR. GANTZER: I think -- and Mr. Mudd brought it to my
attention as well, but I think you're speaking of Ironwood, it's a very
short golf course, par threes, executive type course. It's not the facility
that I think we need to do what we need to do to help junior golf and
public golf in Collier County.
CHAIRMAN FIALA: That's all I needed to know.
Commissioner Coyle?
COMMISSIONER COYLE: Well, I had just made a motion that
we bring it back for discussion, but it looks like we discussed it here
already. I don't know, but --
MR. GANTZER: May I let Mr. Franz speak for just a moment
from the Community Foundation?
CHAIRMAN FIALA: Sure.
MR. GANTZER: Thank you.
MR. FRANZ: Hi, I'm Bill Franz. I'm the Chief Financial Officer
of the Community Foundation.
One point that I wanted to make on behalf of Mr. Gantzer's
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April 27, 2004
presentation here, that his program is beyond playing golf, kids getting
on golf courses and playing golf. What he's looking for is a facility
that can provide the consistent time periods to run a program.
Essentially an after-school program, or a summer program. And
relying on those facilities that exist there today, you are not going to
get the consistency that you need to provide education. You may be
able to get on the golf courses to have the kids play golf, but what Mr.
Gantzer is talking about is essentially an educational program. And
those after-school programs and summer programs that we see provide
a tremendous benefit to the children of this community and their
development.
So to it's beyond the game of golf.
CHAIRMAN FIALA: You know, for so many years now we've
just spoken of -- not just while we've been in office, but many years
before us, we've spoken of the need for a public golf course run by the
county that would be a reasonable rate for people who make an
income like I do, to be able to go out and play golf.
In this community, it seems it's -- if you're not rich, you can't
really get on the golf course very easily. There's very little left. And
from what I understand, the few remaining golf public courses, I
understand, are fast going by the wayside.
So if we could find some way to work with them, I would love to
see us do that. If there's some way that we can work together with
grants and -- you know, I realize we don't have the money. We've just
been asked to buy a Botanical Garden in the last petition. Everybody
would like us to buy things, you know, for the betterment of the
community, by the way, for the betterment of all of its citizens, but the
dollars aren't there to help us to do that.
Commissioner Coyle?
COMMISSIONER COYLE: Then perhaps I should revise my
motion. Bringing it back for another formal hearing will produce
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April 27, 2004
more discussion just like this. But if we follow the precedent we
established in the last public petition and provide the staff guidance to
have Parks and Recreation take a look at the alternatives, like what is
possible. We don't have the slightest idea. Why wait for the next
public hearing to determine what's possible if we can direct the staff to
take a look at this and determine what is possible, what land might be
available? Is there park land available somewhere that might be
utilized for a golf course? Or is it possible in -- sometime in the future
to acquire land by donation for mitigation from developments? So we
do that for affordable housing, we do it for wetlands, why can't we
maybe do it for Parks and Recreation?
So maybe if I could revise my motion to suggest that the board
provide guidance to the staff to take a look at the opportunities for
doing this, we would be far better informed when we come back to
talk about this than we are now. And that way, if there are some
alternatives, I mean, you could participate in that process.
MR. GANTZER: I would be more than happy to contact the
different entities that I have stated here and find out if that grant
money would be available if we acquired the land. So -- to help with
the purchase of land or surplus dollars. Like I said, I've been after this
since 2000 and I'm trying to make some headway. I like to run the
event every year and do the fundraising --
COMMISSIONER COYLE: It's like pulling teeth, isn't it?
MR. GANTZER: Sorry, yes, sir.
COMMISSIONER COYLE: But I would revise my motion, and
Madam Chair, to provide direction to the staff to at least evaluate the
opportunities and the alternatives for accomplishing this sometime in
the future. I mean, we don't have to come up with money this year or
next year to do this. Perhaps if we have a plan to get there one day, it
will be a lot better than where we are now.
So that would be my motion, just to direct staff to evaluate the
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April 27, 2004
alternatives and opportunities for doing this in the future and provide a
report to us and to involve Mr. Gantzer in the process.
CHAIRMAN FIALA: Okay. We have a motion on the floor.
The second, would you --
COMMISSIONER HALAS: Yes, I'll adjust my second to go
along with Commissioner Coyle's recommendations.
CHAIRMAN FIALA: Okay, let me just say, so we have a
motion on the floor and a second, and we have three commissioners at
bat: Commissioner Halas, Commissioner Coletta and Commissioner
Henning.
COMMISSIONER HALAS: Some of the questions I have, since
we got this pretty much out in the open, do you feel that we can get a
lot of participation by the public out there to defray the costs in
building this thing if we decide to go with this? What's your first gut
feeling as far as people donating equipment, donating -- even if we
could get some land and have people build the golf course with
donations and grants?
MR. GANTZER: If we make a public announcement that we're
going to do a golf course in Collier County for public play and junior
play, I think we'll have to take numbers. You know, I deal with some
pretty heavy hitters in business when I do my fundraiser. And if I can
tell them that they're going to be the sponsor of the driving range at
Collier Junior Golf, the public facility, and they're going to be able to
hang their sign up there stating that they paid or they provided dollars
for this facility, I think we're going to be able to get a tremendous
response.
COMMISSIONER HALAS: I'd like to see staff -- I think where
Commissioner Coyle was going on this also is where staff -- we get
the recreation department to work in conjunction maybe with you and
find out just what the feasibility is of the public getting involved in
this, and hopefully we can come up with something that would be of
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very little cost to the county.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: Yes, thank you. I'm not going to
direct my questions to you two gentlemen, if you don't mind. I'm not
too sure if I want to talk to John Dunnuck or Leo Ochs on the past
history. I do believe this has been looked at before to some extent? I
don't know if you got the institutional knowledge on that, do you,
John? You do, great.
MR. DUNNUCK: Good morning, Commissioners. For the
record, John Dunnuck, Public Services Administrator.
We've looked at this issue a couple of times with different
commissions seated. First one was back in the mid to late Nineties,
and frankly, we had actually dedicated the 300 acres north of the
landfill for a future golf course and we actually did a preliminary
design of a golf course there. And then with the final order issues and
the sensitivity of the land and some other issues with the uncertainty
of the landfill, that issue was later on revoked by the Board of County
Commissioners.
Then we had the opportunity to purchase the golf course at
Heritage Greens and we did an analysis several years ago on that as
well, and we did the analysis and brought it back to the Board of
County Commissioners. And that pretty much revealed that you
would be still having to have pretty high fees for a public golf course
just to compete in the area. And there were some other issues with
that golf course in particular because there's some deed restrictions
that give priorities to the neighbors, so we couldn't guarantee that the
general public at general would be able to get out there as well.
Prior to that, I think in probably like '94, '93, we looked to buying
Hibiscus Golf Club as the Parks and Rec department. And I believe
there were some issues there that eventually it fell through as well.
So we are pretty well versed in this issue, and we'd be happy to
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April 27, 2004
bring the board -- and bring some information back to you in this
respect and let you all know from our perspective.
Speaking from personal experience, from my hometown we had
five public golf courses, and frankly, I was very involved in our junior
golf program. We had about 250 kids in our junior golf program
th ere.
And I believe there are partnerships that can be had with the
private sector in this respect. And as with as many golf courses here,
you know, I'd like to sit down with these gentlemen and we can maybe
talk about plans of action in that respect because I think there are some
creative ways of addressing this issue, not just by going out and
buying land and purchasing it.
And frankly, from,a Parks and Rec standpoint we have a pretty
tight budget. As I always will tell you, we will do whatever you want.
If you give us the money to do it, we'll be more than happy to build it
for you. But from the perspective of balancing the budget, there are a
lot of issues in that respect.
COMMISSIONER COLETTA: Commissioner Coyle, would
you consider incorporating that in your motion?
COMMISSIONER COYLE: It's already incorporated. I said
evaluate alternatives and opportunities, you know. I didn't specify
how we do it. Just see if we can get some ideas that make sense and
then come back and report to us and tell us what's possible.
MR. DUNNUCK: Absolutely.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: The -- well, we know that
available land to do anything in Collier County is very near and dear.
That's why the prices are so high to -- property values in Collier
County. But we do have some existing properties in the Parks and
Recs inventory, but they have been slated for other things. Now, I
guess that would be an option is to -- if the board is willing to deviate
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April 27, 2004
from what we already set those lands aside for.
CHAIRMAN FIALA: Well, that's something to consider while
they work this out. Okay, thank you for that suggestion. That's a
good suggestion.
COMMISSIONER HENNING: Well, I'm not sure if Collier
County government should be in the golf course business. I just have
a lot of concerns. We have 80 of them here now.
COMMISSIONER HALAS: I can't afford them.
COMMISSIONER HENNING: I find it difficult that the private
sector can't work with the students to get them on the golf course.
CHAIRMAN FIALA: Okay, we have a motion on the floor and
we have a second.
Let's see, Mr. Mudd, would you repeat the motion, just for the
record, please?
MR. MUDD: Madam Chair, the motion is to direct staff to
evaluate alternatives and work with Mr. Larry Gantzer, okay, to figure
out what options we can come up with as far as trying to start some
kind of a junior -- Collier junior public golf course or program. And
we'll get that back to the board within -- 30 days good enough?
MR. GANTZER: Wonderful.
MR. MUDD: Okay, 30 days, and we'll come back with a report
to the board on that particular item. That's the motion.
CHAIRMAN FIALA: Very good. We have a motion on the
floor by Commissioner Coyle, a second by Commissioner Halas.
All those in favor, say aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign.
COMMISSIONER HENNING: Aye.
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April 27, 2004
CHAIRMAN FIALA: That's a 4-1, with Commissioner Henning
opposIng.
We will now take a 10-minute break. Thank you.
MR. GANTZER: Thank you very much.
CHAIRMAN FIALA: Thank you.
(A recess was taken.)
MR. MUDD: Madam Chair, you have a hot mic.
CHAIRMAN FIALA: Thank you very much.
Item #8A
ORDINANCE 2004-27 ESTABLISHING THE VERONA WALK
COMMUNITY DEVELOPMENT DISTRICT PURSUANT TO
The meeting is back in session and we are on to advertised public
hearings, Number 8(A).
MR. MUDD: This item was continued from the April 13th, 2004
BCC hearing. It's a public hearing to consider adoption of an
ordinance establishing the Verona Walk Community Development
District, CDD, pursuant to Section 190.055 of the Florida Statutes.
CHAIRMAN FIALA: Do we have a presenter on this?
MR. VAN ASSENDERP: Madam Chair, I'm Ken Van
Assenderp, the attorney for the petitioner. And we've worked so well
with your staff and with you and agree with the staff report and
recommendation, and in the interest of time, unless there are any
questions, we waive any speechifying.
CHAIRMAN FIALA: Wow, that was nice and easy, wasn't it?
Okay --
MR. MUDD: CDD, ma'am, is basically a taxing authority for
that particular development so that they can tax the folks that are
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within their development to do basically their infrastructure, their
roads, water, sewer lines, street lighting within that community and
whatnot. It does not give them any approvals for access or anything
else. It's basically strictly a taxing mechanism for that particular
community.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Thank you. The -- who would
be on the governing board of the CDD?
MR. VAN ASSENDERP: The initial members would be as in
the petition, who can be employees or agents of the landowner, but
they're subj ect to the conflicts of interest laws under Chapter 112, and
they are also subj ect to government in the Sunshine and notice in
public records law and competitive procurement, competitive bidding,
all the things to which this honorable board is also subject.
COMMISSIONER HENNING: Once the CDD is established,
who would be -- of course, the members of the board would be writing
the expenditures and what they would be expended on. But who
would have to approve it after that?
MR. VAN ASSENDERP: The report is sent to you on an
annualized basis and all the notices are sent to you. But there is no
other approval, because the district has that one single purpose of
putting in the infrastructure at sustained levels of quality. And the
expenditures can only be for whatever you've authorized in the land
uses and permits and the zoning.
COMMISSIONER HENNING: Who would be the -- the people
being taxed for for having to pay into the CDD?
MR. VAN ASSENDERP: There would not be any -- technically
any taxes. There will be the special assessments, which as a matter of
Florida law or not property taxes. And that's good for the people,
because they get to go up before this board and find out whether there
is the basis for the special benefit to the property that can justify the
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April 27, 2004
lien. If you have a property tax, as all of you know, there's never that
opportunity for the landowner or the citizen to find out whether there's
a first lien or not. It is a first lien subject to loss of homestead.
But not so with a special assessment. The basis of a special
assessment is basically to reimburse the local government for
providing special benefits like enhanced marketability, decreased
. .
Insurance premIums.
So the answer to your question is it's not a tax, it's a special
assessment, and the landowners and citizens who live there would be
the ones who have the opportunity to express viewpoints before, not
after, any levy of the special assessments. So it's fully disclosed and
it's all of the landowners.
COMMISSIONER HENNING: You say they'd have input, but
would they have a vote?
MR. VAN ASSENDERP: No, they can't. Just like the citizens
of Collier County can't have a vote if you were to reduce millage.
COMMISSIONER HENNING: Do they elect the governing
board?
MR. VAN ASSENDERP: After people move in. It's just raw
land. But when people move in, then, after a minimum of six years, it
can only go two years after that, then it's a one person, one vote. And
the board members have to be qualified electors, just like you, and
they have to live within the boundary of that district, and that's when
that takes over.
COMMISSIONER HENNING: As I read this document, it says
it would be one person, one vote if they own an acre or more of
property.
MR. VAN ASSENDERP: That's only for the first six years, or
when 250 qualified electors move in. The whole idea is, under the
Supreme Court case that I won to show the constitutionality of that,
you've got to jump start it. You've got to get it going. That's why you
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April 27, 2004
all have about 15 of these districts, because they are your concurrency
management mechanism, your growth management tool to help make
sure the infrastructure's in place with the impact of the development
that you approved.
As soon as people start moving in there, then you can't justify
continuing the one acre, one vote any more because the inordinate
burden on the initial landowner is gone. That's why the law mandates
an immediate change to one person, one vote.
The infrastructure will have to be paid for. It will either be
hidden in a purchase price or disclosed by this district. It's going to be
paid for, just like it is anywhere. And so what the district law does, if
you all agree to establish this district, is disclose every bit of that in
advance. When you move into a land area without a district, there is
no such disclosure at all. None.
COMMISSIONER HENNING: It's my understanding in this
proposed district, there are already -- the public has already signed
some sales contracts to buy into Verona Walk. Of course, at present
there was -- I'm assuming there was no disclosure that there was a
CDD set up, because it wasn't set up.
MR. VAN ASSENDERP: No, any purchase within the district,
yes, once it's set up will have to be a disclosure right before the
signature block that the district is there. I don't know what the status
of any contract is. Is there any contract, Mr. Rosen? Yes. And I
remember drafting the disclosure of the potential for the district,
because we wanted to make sure that we could have an a affirmative
answer to your question.
COMMISSIONER HENNING: Because you anticipated the
question.
MR. VAN ASSENDERP: Yes, I did, because you're out to
protect the public, and that's what this commission's all about.
COMMISSIONER HENNING: I think you got a chuckle out of
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April 27, 2004
the audience.
MR. VAN ASSENDERP: Well, it was a chuckle of
appreciation, I'm sure. That is a very important question you've asked,
and that is the way it is.
And then there's even more disclosure under this law. The
purpose of this law is to make sure that there is initial disclosure
before the purchase, at the purchase, after the purchase and then
continuing full disclosure, just of the reality -- we even put in the
grantor/grantee index of the property that these special assessments
may be levied. That's all disclosed.
But even after that, that doesn't automatically say there's going to
be a special assessment. It has to be at a noticed meeting, just like you
do for your MSBU s, and there has to be a showing of special benefit
to justify reimbursing the government for the roads or the drainage or
whatever the facility is. Those facilities will be there. The public's
going to pay for it.
One of the benefits of this district law is it mandates early,
continuing, regular public financing disclosure. That simply does not
happen if you move into a community development that does not have
this district government in it. It just does not happen.
COMMISSIONER HENNING: My main concern was I know
there are sales contracts out there and all that was disclosed, and I
think you addressed my concerns.
MR. VAN ASSENDERP: Thank you, Commissioner.
Good to see you in the halls of --
CHAIRMAN FIALA: Commissioner Halas -- oh, I'm sorry.
MR. VAN ASSENDERP: Go right ahead, ma'am.
CHAIRMAN FIALA: Commissioner Halas, then Commissioner
Coyle.
COMMISSIONER HALAS: I'd like to make a motion that we
approve 8(A).
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April 27, 2004
COMMISSIONER COLETTA: I'll second that.
CHAIRMAN FIALA: We have a motion on the floor to approve
by Commissioner Halas, a second by Commissioner Coletta.
Commissioner Coyle?
COMMISSIONER COYLE: Ken, I recall when we were
considering the special districts in the eastern part of the county, we
were concerned about this disclosure process. And I'm still concerned
about the disclosure process. And I appreciate what you just told us,
that it is disclosed in the purchase documents. Sometimes purchase
documents can be fairly complex, and it's difficult for the layperson
and some lawyers to make their way through it.
It seems to me that we agreed that there would be a notice filed
with the property record so that any title search would clearly identify
the existence of this obligation. Is that happening in this particular
case also?
MR. VAN ASSENDERP: Yes, Commissioner, excellent, and it's
required by the charter of the district. But we go a step further for Mr.
Rosen, and that is we don't just file it with the clerk. I found out in my
experience that sometimes clerks put it in the name of the district,
which is what the law requires. We put both the name of the district
and the name of the landowner, so it must go into the grantor/grantee
index. And I've checked with the clerk on that.
COMMISSIONER COYLE: Okay. Good, thank you very
much.
MR. MUDD: Commissioner, if I could just -- you talked about
the special district and I want to make sure -- you asked the question
and I think you got an answer. But for the listening public I want to
make sure. The special districts were covered by 189 of the Florida
Statutes. This is a 190 of the Florida Statutes. A little bit different.
So I just wanted to draw that distinction.
COMMISSIONER COYLE: Yeah, it's not the same thing, but
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April 27, 2004
the principle is the same, and that's what we wanted to do.
MR. VAN ASSENDERP: Mr. Manager's comments are accurate
and the principle is the same.
CHAIRMAN FIALA: Do we have any speakers on this subject?
MS. FILSON: No, ma'am.
CHAIRMAN FIALA: Okay, then the public meeting is closed--
or the public hearing is closed, excuse me.
We have a motion on the floor by Commissioner Halas and a
second by Commissioner Coletta.
I just have one problem with this and that is -- and it's a big
problem. I've worked closely with residents in one particular CDD
where of course they had no say in what was foisted upon them. And
I'm using that word purposely. And they found 10 and behold many
years later as they're paying on their CDD that they've paid for lakes
and retention ponds and so forth that had nothing to do with them, and
I guess they're legally challenging it right now.
And because no one was ever even allowed, if you will, to be on
this board, by the time they did get on the board, all of these things
had already been passed, they were paying through the nose for things
that really they shouldn't have, the developer should have paid in the
first place, and I'm very concerned about what's going to happen.
Ever since I've become very aware of that, I'm very leery of any
CDD's any longer, because I don't feel that the people who are buying
the property have any say. Those things are already put to bed by the
time they become a part of that board.
And I don't know what assurances I would have right now -- and
you've never had a CDD on your other Walks and you've managed
just fine and sold them out, and I don't know if there's really a need to
do this one.
MR. VAN ASSENDERP: The concern is most important -- and
thanks for sharing that, Madam Chair. That's why we amended the
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April 27, 2004
law, to make sure that there's also a continuing disclosure of all of the
possible public financing that's there every year and on a continuing
basis.
We also make sure that at the meetings that are noticed with
published agendas -- this is what they look like. Here's an agenda for
one that's coming up. These are all published, they're on the Internet.
It's unfathomable to me that a landowner interested in her or his
property would not know of the opportunity to come and challenge
and ask questions.
One of the benefits, however, of the district is that there is no
profit passed on to the consumer, because the system facility or
service is provided by the district instead of by the developer. There
is no tax passed on to the consumer because the system, facility or
service is provided by the district and not the developer. It's not put in
by homeowners associations, which tend to be more interested in a
quick meeting, coffee and doughnuts and go play golf. This is a local
government whose mandate is to put the roads, water and sewer and
drainage in subject to your permitting and planning and zoning,
without passing on profit, without passing on taxes, and with no
overhead. And that is the purpose of it.
And then on top of that, there is still the actual determination
that's got to be in the record, later challenged by a circuit judge and a
state attorney, that the public purpose, the lawful public purpose, is
met.
So your question is an excellent one, and that's why these things
were done and that's why they're put in there. And if you want to tell
me at some point this particular one to which you have reference, I'll
be happy to learn about it. I can say thankfully, it's not -- not one of
mIne.
CHAIRMAN FIALA: No, it isn't. No, it isn't.
MR. VAN ASSENDERP: And thank you so much.
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April 27, 2004
CHAIRMAN FIALA: Thank you, thank you very much. And I
will tell you who it is.
MR. VAN ASSENDERP: I look forward to it.
CHAIRMAN FIALA: Did you have a comment?
MR. HEATH: For the record, Glenn Heath of your
comprehensive planning staff. I was the staff coordinator for this.
I also was slightly involved in the one that you're discussing. It
was an older, much older project. The community development
district included both a residential subdivision and some commercial
property, and the concern of the residents that you mentioned was that
they were paying for work that was done on the commercial property.
And the laws have changed since that CD was -- CDD was
initially approved. It's -- in recent years, it's much, much more -- there
are much more safeguards than there were initially. So it's a different
-- it's a whole different ball game.
CHAIRMAN FIALA: Okay. So the future residents, you say,
by the laws that are now in place versus the ones that were about the
development I'm talking about, are protected from paying costs that
they should not be paying through the CD D.
MR. HEATH: I will go so far to say that they're much more
protected than the older projects were.
CHAIRMAN FIALA: Okay. Commissioner Halas?
COMMISSIONER HALAS: I was just going to bring up the fact
that this is a newer CDD and it's under the Florida Statute of 190.012,
and I think those guidelines are a lot more stiffer than they were under
the old guidelines of 189. Am I correct on what I'm saying there?
MR. MUDD: Sir, 189 has to do with special districts. It's very
different than the CDD. The 189 Florida Statute gives a lot more
latitude to the special districts. It gives them some powers that this
board had exceptions to. And when those particular special districts
came through, you made the petitioner amend their particular powers,
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April 27, 2004
you know, because they had eminent domain powers and things like
that that the board had exception to. And that's a special district, and I
think the board did very due diligence on those particular items.
190 is specifically for a special assessment for the properties and
doesn't include those special rights or powers of a 189. So they're
very, very different, sir.
COMMISSIONER HALAS: Thank you.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: Yeah, as I listen to the concerns of
the Commissioners, I'd just like to summarize those and make sure we
understand your answers clearly.
Number one, there is adequate notification of any current or
prospective purchasers about their liability with respect to special
assessments.
Secondly, those special assessments must be justified from the
standpoint of public need, it must serve a specific public purpose. The
cost for those will be charged at cost and will not have any overhead
or profit for any developer involved.
So I think those are the key issues that we're interested in from
the standpoint of protecting the public.
And finally, there is a guaranteed transfer of this authority to the
owners at a specified point in time under the law.
So if all those are correct, then I think most of our concerns have
been addressed.
CHAIRMAN FIALA: Well, except one more.
COMMISSIONER COYLE: Okay. I'm sorry. Go ahead.
CHAIRMAN FIALA: That's all right, that's all right.
So obviously the consumer is going to be paying for this
infrastructure in the end, no matter how it happens, whether it's
through a CDD or whether it's in the price of their home, period. So
then why do you have to have a CDD if you're going to be passing it
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April 27, 2004
on to them one way or another anyway? If normally that's the way
you do it and it's included in the price of the home, why don't you do
that? What's the importance of having a CDD instead?
MR. VAN ASSENDERP: Because the purpose of the CDD is to
make sure that the costs are disclosed and paid for and not included
and inflated with profit from a private developer. A person ought to
pay for the facilities, not pay for the profit. This is a government
entity.
And the second reason is, in fact the fundamental reason is, that
the district's not per se a financing mechanism. It is a way to imple --
it's a third alternative way to -- the first two alternatives being the
private developer, the other one being you, like with your water/sewer
district, and the third being a community development district to make
sure that a government entity, not an alter ego of a developer, puts in
the infrastructure with pinpointed, focused management, with high
levels of sustained quality over the long term. It is a growth
management tool for that limited, narrow purpose. So say if the
Supreme Court of Florida in reviewing it -- and that's the purpose of it.
The purpose is an alternative way to ensure sustained, fully disclosed,
nonprofit passed off delivery of infrastructure, because you have
many, many other things to do. You now know that there's not an
amateur out there, you now know there's not a developer out there,
you know that there is a sister government who has that one single,
narrow special purpose.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: I think I understand where
Commissioner Fiala is going on this.
Ken, isn't it really also true that this permits the CDD to get
financing so that the developer doesn't have to worry about finding
financing, that the CDD can actually get financing for this and the
payment for that financing is guaranteed by future assessments for the
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April 27, 2004
property owners?
MR. VAN ASSENDERP: The purpose is -- yes, Commissioner.
It is off the county's balance sheet, it is off the developers' balance
sheet, and it is fully disclosed so that the differential between
conventional rates and commercial rates goes not into the market price
of the home. That is a silly statement. The market price of the home
is going to be whatever the market purveyors (sic), whether there's
special financing or not. But what it does it is allows higher quality
construction and higher quality maintenance, which is what the
legislature was interested in in 1980, before you all was born, when
this law was conceived, to make sure that there was sustained high
quality with the savings in the financing. That's the purpose. It is not
a financing mechanism. The savings and the financing helps enable it
to carry out its infrastructure delivery purpose to implement your
permitting and your land use plan. That's the purpose.
CHAIRMAN FIALA: Okay. Glenn, did you want to say
something else?
MR. HEATH: Yes, one last statement.
CHAIRMAN FIALA: Your name for the record?
MR. HEATH: Glenn Heath, comprehensive planning staff.
The CD D contains provisions that if for whatever reason the
district fails in its obligations or the county is in a position to do the
job better, the county can take over any or all of the responsibilities of
a community development district at some point if it's determined that
hey, it's not working.
So, you know, the ultimate safeguard, the ultimate oversight, if
you will, is that in a sense the county is out there watching to make
sure that the community development district does what it's supposed
to do.
CHAIRMAN FIALA: Okay, we have a motion on the floor by
Commissioner Halas, a second by Commissioner Coletta. Would you
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April 27, 2004
like to read -- and this is just to approve the CDD.
All those in favor, say aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed? Aye.
Carries 4-1.
MR. VAN ASSENDERP: Thank you, Madam Chair and
members.
Item #8B
APPLICATION SUBMITTED BY NAPLES COMMUNITY
HOSPITAL TO THE BOARD OF COUNTY COMMISSIONERS
FOR THE ISSUANCE OF A CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY TO PROVIDE
TRANSPORTATION SERVICES FOR THE INTER-FACILITY
TRANSFER OF POST HOSPITAL PATIENTS - APPROVED
WIIRSIællLATION S
MR. MUDD: The next item, Madam Chair, is a public hearing
to consider an application submitted by the Naples Community
Hospital to the Board of County Commissioners for the issuance of a
certificate of public convenience and necessity to provide
transportation services for their inter-facility transfer of post hospital
patients.
And Mr. Dunnuck will present. But when Mr. Dunnuck is done
presenting, then I need to talk about the collection of bills.
MR. DUNNUCK: Commissioners, for the record, my name is
John Dunnuck, administrator of zoos, marinas, golf courses and Wally
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April 27, 2004
World.
COMMISSIONER COYLE: And hospitals.
CHAIRMAN FIALA: And libraries.
MR. DUNNUCK: I'm here to present you with the application
for the certificate of public convenience and necessity for Naples
Community Hospital.
As you recall, when this item first came forward, we directed the
hospital to work with us on this item because we wanted to get out of
the post hospital business. As such, the hospital has complied. They
have submitted an application, they've answered the eight questions
that's included in your executive summary regarding post hospital
transports.
In essence, they've purchased two ambulances. They're ready to
rock and roll. We've set up the agreement with the medical director to
be the same medical director. They will utilize the same protocols that
we're utilizing.
And from the perspective -- the one thing I wanted to touch upon
was the fiscal impact issue, because there's been some comments
about that. We anticipate that with this item, there'll be a fiscal impact
of about, if you looked at it on its face, of about $1.1 million to the
revenue side of it. But what you have to understand is that that will
also mean that there's an avoided expense side on that side of it. And
we wanted to make sure that was perfectly clear.
Presently under your Growth Management Plan, we're scheduled
to add a growth unit next year. We're also scheduled to add a growth
unit in '06. As such, we will not have to add those units because of
this certificate. What this also may mean is we may not have to add a
facility in '06 as well, which we're presently scheduled to do.
So the benefits of it are, while there will be a fiscal impact that
will offset by expenses on our side, at the same token, you will see a
benefit to -- while we're in the process of doing a new impact fee
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April 27, 2004
calculation for EMS, you may actually see a savings in that respect.
And I know that's something that may be a new concept in the
development community, but it's something that from our standpoint,
because we have these fewer units and we have potentially a lesser
facility, you may actually see that. We're actually going to revise the
study, based upon the board's direction today.
With that, I believe all the people here to comment on that are
standing over in this area over here, and I'll answer any questions that
you may have.
CHAIRMAN FIALA: Do we have any speakers?
MS. FILSON: No ma'am.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: I'll be honest with you, I've been
reviewing this, and I've got about a 180 degree turnaround from where
I originally was on this. I think we lost some of the intentions of the
whole thing. The idea was is to try to have a service provided that
was going to cost less money. In other words, move -- what's the
word, patients that are non-critical, patients that are -- it's a glorified
taxi service that we're actually talking about. Well, for lack of a better
description.
However, we're holding them to standards that are the same as
that we use for transporting critically injured people. The standards
are so strong, so severe, that the only people that can fill these jobs are
our own EMS personnel that will be doing this as overtime on their --
not overtime, be doing it as a moonlight job on the side. They won't
be able to hire people off the street to be able to drive these vehicles
from point A to point B to take these patients that are in very little
danger as far as their health goes. It's just to move them. And
whenever those types of patients have to be moved, the regular EMS
is available and would be used on a regular basis.
My concern is a couple. One, the cost that they're going to
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April 27, 2004
charge is just about -- it's almost an exact duplicate of what we charge
for EMS for the full service. However, we also pay 31 percent over
and above their salaries for benefits. Now, Naples Community
Hospital is not going to be paying the benefits. They're just going to
be paying the base wage. So they're taking these people, the resources
that we trained, the benefits that we paid, and they're utilizing them in
an overtime manner that may start to weaken the fabric of the resource
that we have in these EMS personnel. In other words, they're working
50,60 hours a week and now they're going to be working so many
more hours a week for Naples Community Hospital.
That's one aspect of it. The other aspect is the cost to the
consumer. Now, this is a big, big concern. It boils down to one thing:
There is no cost savings. And my thought was in the beginning was is
that we were going to have a service that was going to move these
patients interagent -- between different hospitals, between doctors,
possibly outside the area, those patients that are not in any critical
danger, and it was going to be a tremendous savings and it was going
to take a burden off the county. However, we've put a whole bunch of
requirements on this to the point where we've created a monster. And
I'm looking at this thing and I feel like we've really done ourselves a
disservice.
Meanwhile, we have our -- another hospital here in town,
Cleveland Clinic, who does provide their own ambulance services
from private vendors out there. And they're doing a wonderful job of
it. But there's a squeeze play going on to have us still supply the
personnel for this indirectly, to guarantee a large profit at the cost of
the consumer. So I'm having a real problem with this and I wish
somebody could give me a level of comfort that doesn't exist now.
MR. DUNNUCK: Well, let me start by saying what your
savings are. From the standpoint of pre-hospital care, what you're
going to save is level of service. You're going to have an improved
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April 27, 2004
level of service. You mentioned on the back side, from their service
side that it's a glorified taxi service, so to speak, because in a lot of
cases they're stabilized patients.
Well, first, I have to say things do go wrong on those stabilized
patients from that perspective. But on the second side, prior to, what it
will do it will free up two ambulances for us pre-hospital care. It will
prevent us from having to do zone coverages, so we will be able to get
to the patient faster. So that is a benefit to the community in that
respect.
From a standpoint of fees, you're correct in what they've
proposed is a fee where they're a little bit higher on the flat rate, a little
bit lower on the mileage rate. Does it wash out in the mix? You
know, it's hard to tell. It really comes down to the balance of how
many they take between North Collier and the main hospital versus
how many they bring up from Marco to the main hospital in that
respect. And that will be something over time we'll be able to tell.
But from the standpoint it is a comparable service, because they
are -- it's a comparable charge for a comparable service. You have to
remember, when we went back on the ordinance option of it, we
requested -- we said that we were only married to the protocols. We
weren't married to necessarily having the same medical director and
everything that goes along with that, which is the training of staff. We
said make sure your people are trained to be able to handle the
protocols but not to the level of requirement of the Tober certification.
The Board of County Commissioners, under your MSACS
recommendation, said we want to guarantee that same level of service
that we had in the past. We don't want to have anything lowered as a
standard. And as such, the hospital complied with that and that's why
we have an agreement for Dr. Tober that was previously adopted
contingent upon this item earlier today.
But from that standpoint, you followed the recommendation of
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April 27, 2004
your emergency medical services advisory council in order to follow
and to maintain a high level of service.
COMMISSIONER COLETTA: And I understand. And a high
level of service is important in most cases. In this case, I don't think
that it's required to reach that level of service. And I think that the
profit angle on this whole thing is going to be enormous for Naples
Community Hospital. And God bless them, you know, they've got to
cover their costs somehow. But I don't want them to do it at the
expense of those uninsured people out there that have no other
resources to fall back on. Why should the rate be set at a rate that the
insurance will pay and then go on with it at that point?
We're still subsidizing this whole operation the way it's set up.
Possibly the level of service should be different. I know in other
communities they meet the needs of the public out there in more
appropriate ways. And where there is a time that you have to have
that special care, EMS is available there to provide it in its full glory.
And they're a wonderful EMS that we have. I really question the
direction we're going with this.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: That must have been from the last
time. No.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: Yeah, I would like to try to get
some clarification on the loss/profit issue. We talked about this
yesterday, and it was one of the questions I raised during our
discussions.
It's my understanding -- I believe that the amount of money that
is included in the executive summary is somewhat misleading,
because it does say we'll lose $100,000 this fiscal year. Well, that's
only because we budgeted that amount of money. And if you go into
this particular arrangement, we won't get it. But next year and the
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April 27, 2004
year after that, under this arrangement, we won't have to pay for
additional EMS units.
And I've been given figures of $750,000 per unit that we will not
have to pay over the next couple of years. And I don't know what
happens after that, but that would be a problem of normal growth, not
this particular agreement. So any way you look at it, that's a million
and a half to $2 million we will save -- or we will avoid, because we
won't have to add those two additional units. So I think there is some
benefit there.
Now, the concern about the standards I think is a valid concern.
But I don't think we should try to make any decisions about that unless
we hear from Dr. Tober and the MSAC. I believe they have some
good reasons for doing the things they do, and the staff pointed out
some reasons to me yesterday, that you want to make sure that the
medications are compatible. You don't want a major change in
protocol from our EMS standards and those that are employed by the
hospital. So there are certain things we need to be very careful about.
But I do believe that there could be some relief granted in certain
areas, but I'm not qualified to make that determination. I would
depend upon Dr. Tober and the MSAC to guide us.
So I would suggest that we deal with the issue of the contractual
arrangement, and if we have concerns about the -- the standards that
are required under what we might term as non-emergency transport, if
we're concerned about those standards, we need to run them through
the MSAC and Dr. Tober before we make any decisions about it.
CHAIRMAN FIALA: Okay, I have a question about 5(A). Did
they pay their bill?
MR. MUDD: That's what I need to talk about. And just a point
of clarification. The whole reason that we started this issue was to get
us back on track doing emergency transport and get us out of the
non-emergency transport that we were in to go from hospital to
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April 27, 2004
hospital and out of county, and that was one of the issues. But let's
talk about the bill.
Commissioner, first thing I want to, for the record, mention, that
there's been a series of public hearings, board meetings where we
discussed the bill. To the one, the last one that was on 27 January, and
it got to the point in time that there was so much frustration on the
board from different members that they basically said I don't want this
to come back anymore.
I will tell you that no memoranda or letters of agreement or
memorandums of agreement, memorandums of understanding or
anything were signed as a result of any of those meetings that we had
between the parties. Not because we didn't try, it's because nobody
wanted to sign on the other end.
So what you have in front of you on your visualizer and up on
the screen is the latest bill. And, you know, there's months that we
still don't have all the facts and figures on because those bills are still
comIng In.
But you'll notice that there's basically four columns. There's
Medic 80, there's inter-facility in-county, there's -- intra-facility
in-county, excuse me, inter-facility out of county, and then there's
NCH miscellaneous. And then you'll note on the rows, you'll notice
that there's calendar year 2000, 2001, 2002 and 2003 in the first four
rows.
I met with Mr. Morton this week and we both have come to an
agreement that those four rows, from 2000 to 2003, and those
outstanding balances, we will have a billing summit and we will talk
about what's owed and what's not owed in that summit in order to get
some resolution to that process. And there was some confusion about
Blue Cross and Blue Shield as far as rates are concerned and things
like that. But we'll go over that billing.
The next row on the fifth is July 24th to December 31 st.
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April 27, 2004
Basically the board's direction was to collect the inter-facility out of
county at the current rate by ordinance. Then you have the January
24th, 2000 bill of $40,000. And then you have inter-facility in-county
from December, 2003, January, 2004, February, 2004, to the sum of
about $114,000. And that's on the second column for those rows.
And then you have March, 2004, April 2004, for Medic 80 to the tune
of$41,769.66.
The resolution on Medic 80 and intra-facility in-county, in
principle the hospital says that those particular amounts are justified,
minus about $1,400. And I'll show you the check for $1,400 here in
just a second.
The intra-facility out of county, NCH is only willing to pay
Medicare plus 10 percent. They withheld $50,000 on a previous
payment. That 170,000, I think it was. They held back $50,000 on
that previous to get it to the Medicare plus 10 percent. Not that it was
an agreed upon, they just held that $50,000. And they are willing to
agree to pay the Medicare plus 10 percent inter-facility out of county
for the third column.
Now I'm going to change the piece of paper, not because I'm
trying to protect anybody, but I want to give you -- and I want you to
remember, that was 333,608, okay, where my finger is.
COMMISSIONER HENNING: 332.
MR. MUDD: 332, excuse me, sir. I stand corrected.
The bill, if it was Medicare plus 10 percent on the third column,
that fee would be $186,631 through January 31 st. So there was a
combination of the two entries, the 292 and the 40 in the previous into
that 186,631.58.
I do have a check. And, again, the fourth column that used to be
over here that talked about those previous bills from 2000 to 2003 for
the billing summit are not part of that particular issue because we have
to have a billing summit in order to discuss those.
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April 27, 2004
I do have a check in my hand, or at least a copy of the check that
was written yesterday. We do have the check. Mr. Page has that in his
safe, from NCH to the tune of$341,974.24. There's a $1,400
discrepancy in these two columns in different amounts that we have to
basically get back with NCH in order to justify, rectify or whatever.
Now, there's no agreement before you that says that any due
amounts from the dates that are on this particular chart from January
31st -- excuse me, 1 February through the end of April, there's going
to be costs on this particular column and NCH is basically asking that
those be Medicare plus 10 percent, based on this payment, if the board
accepts it, and is willing to pay whatever those amounts are for
intra-facility and Medic 80.
I would also like to let the board know, subj ect to this license for
the ambulances for NCH, that Medic 80 would be taken off on 1 May
and they would provide their own inter-facility and out-of-county
transports with their own ambulance services.
That's all I have, ma'am.
CHAIRMAN FIALA: Well, what has been our policy for
developers when they don't pay impact fees? Do we --
COMMISSIONER COYLE: Red tag them.
CHAIRMAN FIALA: I don't know, I'm equating this with the
impact fee issue, and -- well, I'll make more comments later.
Commissioner Coletta?
COMMISSIONER COLETTA: Yes, thank you. One more time.
I want to draw a comparison. It was, I wouldn't say fluffed off, but the
difference in rate between what Naples Community Hospital and
Collier County pay, they're more similar than they sound. For
example, Naples Community Hospital charges $5.00 a mile, as
compared to $9 for the county. Their base is 393, the county is 350.
Now, when you add it -- for 10 miles, now, figure it's just going to be
10 miles, maximum, just to round it off. Comes out the Naples
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April 27, 2004
Community Hospital charge is going to be $443, and the county is
440. That's more than coincidence.
Meanwhile, we're sub -- now, I don't have any problem if we
come out right out and we admit up front that we're subsidizing the
hospital.
COMMISSIONER HALAS: I do.
COMMISSIONER COLETTA: No, to admit it. Ifwe want to
admit it and face it head on, the fact that we're doing it. Thirty-one
percent over and above the pay we pay when they're working for us.
So that allows them to go and moonlight with their training that we've
also paid for, for Naples Community Hospital.
Now, we're obviously close to breaking even on this. Naples
Community Hospital has got to have this geared to make a profit.
Now, as long as we realize this going into this with our eyes wide
open, that's one thing. But I don't want to get to the point -- you're
timing me again, right? Okay. You made me lose my train of
thought.
But I just want to get this point across, you know, we're not doing
the consumers a favor. And meanwhile, a resource of ours is being
tapped that we're subsidizing the hospital with.
Now, if somewheres along the line this is what's necessary to be
able to save at the other end of the equation, maybe that's right. But
I'm still concerned about the absolute consumer. And I'll tell you
what, these rules and regulations that we put together and the
standards that we're putting on are way over and above what's needed.
And the average consumer out there that's going to be paying for it is
paying way past anything that's realistic.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: Well, I'm tired of a private hospital
that's in there basically for a profit, and if you don't believe so, just
look at their bottom line every year. And I'm sick and tired of them
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April 27, 2004
fleecing the taxpayers here in regards to not paying their bill. Every
time they've come in front of us, they've argued that -- and tried to
worm out of paying for their bill, and that's the only way I can look at
this. And I think it's time that they step up to the plate.
And I'm sure that the cost -- every time they come before the
county commission and ask that we disallow different charges, you
can bet that the consumer is ending up paying for these anyway, or the
insurance company. And I think it's time that they step up to the plate
and find out what it's really going to cost them. And I think that we
need to go along with what has been proposed today.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: Yeah, I really think we do need to
clarify this apparent misunderstanding that we're subsidizing the
hospital. It was my understanding that we were really getting out of
that business and letting them do it. And I thought -- I thought that
was a way of us no longer subsidizing it. But Commissioner Coletta
has obviously given this some thought. And I'd like to make sure that
we all understand what we're doing here.
And I'd like the staff to address Commissioner Coletta's concerns,
because if we are in any way underwriting this operation, then it is
contrary to what we've been trying to do. Now, I understand the issue
of some of our employees working for the hospital, but that probably
is something we shouldn't try to control. I mean, employees can take
on second jobs if they wish, as long as it doesn't interfere with their
primary job, and that's something beyond our control. But can you
explain this to us a little bit, in a little bit better detail?
MR. MUDD: Commissioner, just -- first of all, we're not
subsidizing the NCH with the particular agreement. Commissioner
Coletta's made some assumptions in his statements that say because a
county employee works for NCH, has a potential to work for NCH,
then therefore the training that we put into that employee will be to the
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April 27, 2004
benefit of that part-time employee.
There was also an assumption that if indeed it is a part-time
worker working for NCH, then NCH would not have a benefit
package. Well, most part-time workers in Collier County don't get a
benefit package when they're part time. It is only until they're full
time that they get a benefits package.
With all that being said, he is dead on when he talks about the
protocols that are put into this certificate of need. They are very
stringent, okay? And for NCH to follow those protocols, they will
have to start up a training program to train their full-time employees in
order to get there.
In the meantime, I would think, as Commissioner Coletta is
assuming, that they will go to the Board of County -- they will put an
advertisement in the paper and ask -- or go to our union and ask if
there's any employees, Collier County employees, that have been
trained, if they would like to do part-time work in their ambulance
service until they can get their training program up. I really believe
that's going to happen. It's probably going to be a short-term
endeavor.
I will tell you now, under this Medic 80 agreement, we have at
cost transport, that agreement that sits there, that's been kind of out of
whack until since the end of September, and it's part of this
disagreement we're having with NCH, that was pretty much the
county subsidizing the Naples Community Hospital with a bare bones
ambulance with no profit margin, nothing for our training of
employees. It was basically at cost. And I'm talking about material
cost, time and the ambulance maintenance in order to do that. And I
will tell you, it gets us out of the subsidizing that we're doing right
now for this particular hospital under current arrangements, or lack of
current arrangements, for better words to grab, because right now we
don't have any. And it really gets them to stand on their own two feet.
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April 27, 2004
If the board wants to lessen the protocol -- and I think I've talked
to every one of these commissioners off-line to talk about maybe the
protocol is too stringent, okay, and is it really the training of each
medic that we're worried about, or is it for a liability reason to make
sure that the medication protocols are compatible, and so that there's
no differences just in case they take one out of our ambulance when
they go to NCH, and then put it in one of theirs that they don't give
them some medication that goes counter to good medicine. Is that
more of what we want to have in that process?
I hope my statements have added some clarity and not confused
it.
COMMISSIONER COYLE: If I can just follow-up on that and
summarize, to make sure I understand what you just told me.
We previously subsidized the ambulance service for the Naples
Community Hospital substantially. And the board directed you to get
out of that business. And so you've come up with an agreement that
says okay, we're not going to subsidize it, the Naples Community
Hospital is going to have their own ambulances.
The only way we're involved from this point forward is if the
Naples Community Hospital does hire one of our EMS employees on
an overtime, part-time basis. And it's my belief that we really will not
have any control over that. Is that a true statement?
MR. MUDD: Commissioner, I have control over that. If the
board so directs me to make sure that our EMS employees don't work,
I can deny them the ability to moonlight for NCH.
COMMISSIONER COYLE: But do you do that for any other
employee? Is that common practice?
MR. MUDD: Sir, only if it gets in the way of their duties for
Collier County.
COMMISSIONER COYLE: Their primary duties, that's what I
thought. So I would be reluctant to direct you to do something that is
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Apri127,2004
not normally routine. But if that is the case, then I am not concerned
about this process of underwriting. I think we're okay.
MR. D UNNU CK: And just one other thing I want to add for
departmental clarity, too. We would not allow any employee from our
facility, our department to work for another entity without making
sure they didn't have the proper time to get home and go to sleep
before they came on shift for us. So we -- the minimum requirement
for us is that they don't come from another place and come to work
here, they have to have eight hours of sleep before they can do
an ythin g.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: Yes, I don't have a problem with
them having our employees under reasonable circumstances. My
problem is the end results and what's being charged. And it's our own
fault the way we placed this protocol on them. I think the protocol is
totally unrealistic. I think there should be another level of protocol to
be able to deal with this that's more realistic and they should have their
own medical director there to be able to deal with it. Then they can
bring their cost down, they can bring people in to train people to
whatever level of service that they need. We're responsible at our end
for what we produce.
Naples Community Hospital has proven themselves time in and
time out to be responsible medical providers. I'm sure they're not
going to provide an ambulance service and put somebody in there at
great danger to their own personal health. If they did, the liability falls
on them, it doesn't fall on Collier County.
I hope the day comes that we can take a good look at this as far
as the protocol comes and the medical director issue. Ifwe could do
less than that, then Naples Community Hospital probably could
provide a service that will be less expensive to them and less
expensive to the consumer.
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April 27, 2004
COMMISSIONER COYLE: Commissioner Halas?
COMMISSIONER HALAS: This is directed to the legal staff. If
we lower the requirements of the protocol, does that put the county in
any liabilities in regards to transporting people? And then we
transport them to the hospital and then for some unknown reason, this
person has to be transported out of the county, and if we don't have the
same protocol and there's a problem with medication, who's at fault
then?
MR. WEIGEL: Good question. But I think what we'll run into is
most of those kinds of situations will to some degree fact specific. But
for purposes of a general answer here, when those patients are not
under the care of the county's staff and facilities, the county is not
liable for them. They're under the care and protection and
decision-making of the hospital facility and the physicians that are
there interacting with them. And the county would not -- I would not
see a liability for the county there.
COMMISSIONER COYLE: But David, if we, that is the county,
is responsible for establishing the standards and if someone has a
belief that the standards were not sufficiently high, don't you think that
the lawyers would go after whoever the deep pockets are?
MR. WEIGEL: That would probably be the case. The fact is, is
that with any standard the county sets, it's a typically a minimal
standard, and that may not necessarily be the standard that -- or that
particularly suits an individual application to a patient. The minimal
standard, as discussed by Mr. Coletta, is the thought and the concept
that where in fact a lesser standard of transport is necessary, a lesser
standard of transport could be provided, as opposed to having a higher
standard required where such standard is not necessary.
I don't believe that the EMS staff, the county staff and -- nor the
Board of County Commissioners are in a position to be appropriately
charged with liability if in fact the hospital, its administrators, its
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April 27, 2004
physicians who have their own responsibilities, particularly with the
patients that they are serving, operate at a different level. I don't
believe that it would -- from the fact of the legislation created by the
county, that that puts the county in a position of liability.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: Yes, I think we're all getting
close to saying the same thing. Why can't we approve this with the
stipulation that we're going to address the protocol issue to where it
falls back on the Naples Community Hospital's accepting
responsibility for the protocol and the medical director? And if we
can't take responsibility for EMS and the hospital to be able to work
together, to be able to coordinate medications and all that, then shame
on us.
MR. MUDD: Commissioner if -- Madam Chair, if I could add
one thing to that.
Yes, we can through MSAC work on that. And this certificate of
need is an annual requirement, and so it has to come back to the board
next year for review. And during that particular time, protocol with
MSAC and those particular issues, we can work on that and make
changes during --
COMMISSIONER COLETTA: The only problem is, once we
get entrenched with a whole system of particular protocol the way it
is, to try to back pedal a year from now, I don't know if it's going to
work.
MR. MUDD: Well, Commissioner, I'm also going say too, even
if you lessen the protocol, and there's no direct correlation that Naples
Community Hospital is going to lessen their rate for hauling. I mean,
that's making another assumption that this board has no control over.
COMMISSIONER COLETTA: No, and I know that. But one of
the reasons that the rate's got to be where it is is because of the
protocol, the unnecessary protocol that we're burdening them with.
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April 27, 2004
And we have all this back and forth, we're going to have to have
regulations, we're going to have to have inspections. It's going to be
never ending. The hospital is a responsible entity that can take care of
their own business.
CHAIRMAN FIALA: I really agree with you, totally. And what
Commissioner Coletta is actually saying is he cares about the people
who have an inability to pay, and he cares about their insurance and he
cares about the rates. And what he's concerned with is that the rates
will be too high. And I also share that concern, and I appreciate that.
I also want to note two other things: Number one, we still have
an unsigned MOU, right?
MR. MUDD: Ma'am, we have no MOU.
CHAIRMAN FIALA: And so --
MR. MUDD: We have several MOUs that aren't signed. But
what I would say, if they get their certificate of need, that on 1 May
they start their ambulance service, we get out of the Medic 80, and if
they call upon Collier County to do any transport out of county
because of an emergency, that they pay the fees that are stipulated in
our ordinance.
CHAIRMAN FIALA: So in other words, if we approve this,
they don't need an MOU, right?
MR. MUDD: That's right, ma'am.
CHAIRMAN FIALA: Okay. Secondly, if we approve this and
they've only paid half of their bill, does that then give them the license
or the ability not to pay the rest of their bill? Does that handicap us in
any way at the negotiation table?
MR. MUDD: Ma'am, what I would say, if -- I'm going to put this
back up. Before we end this particular item, I would say to the board
that we probably need to be consistent upon this payment under this
inter-facility, out of county. And at this particular juncture, NCH is
willing to pay Medicare plus 10 percent.
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April 27, 2004
CHAIRMAN FIALA: Yes, but that isn't the rate that we
charged, right? I mean, we paid more than that. So in other words,
we're subsidizing again; is that correct?
MR. MUDD: To some extent, yes, ma'am. You're subsidizing
big time on this Medic 80, because that's at cost. And that's even less
than Medicare plus 10 percent.
Ma'am, I will tell you, we've been subsidizing for a long time.
CHAIRMAN FIALA: Well -- and I know that we want to get
out of this business, and I think that that's great, and I feel that they
can do the business. I would hope that they would do it at a more
reasonable rate than what we've heard, but I doubt that.
But what I don't like is that their bill isn't paid. I think as soon as
we then approve something like that, we lose our chances to collect
the rest of the bill, just like old impact fees. If we didn't pursue, then
we didn't get the old impact fees. So I still have a lot of reservations.
Oh, and I have three commissioners that are up here to bat. Are
you next, Commissioner Halas?
COMMISSIONER HALAS: I hope so.
CHAIRMAN FIALA: Okay.
COMMISSIONER HALAS: What I'm concerned about is the
fact that I understand where both Commissioner Coletta and
Commissioner Fiala are coming from. But if we lower the protocol
rate, that does not mean that the hospital is going to lower their rate.
There's no guarantee that they're going to lower their rate. Ifwe give
them a break, they're going to turn around and they're going to charge
whatever the market value is. And I feel that the protocol should
remain the same. W e'lllook at this, but I also say that we need to look
at what we feel is due to the taxpayers here in Collier County in
regards to the subsidies that we've given to this hospital. And I think
we need to go and tell them that they have to step up to the plate and
give back some of the money that is owed to the taxpayers in Collier
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April 27, 2004
County .
And again, I'll state again that if you change the protocol, that
does not mean that the hospital is going to lower their rates. So that's
where I stand on this issue.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: Yeah, I would encourage the
Commission not to get these two issues wrapped up in this particular
resolution. Let's leave the protocols for a later meeting, only after
we've consulted with our advisory committee and Dr. Tober. You
know, we're really not qualified to make that determination.
And I think you've raised some good points. Let's run it through
the advisory committee and Dr. Tober and get some ideas about how
to handle it.
Now, the thing with respect to the transport fees, ambulance fees,
Commissioner Coletta has provided us some information that suggests
that the hospital's rates aren't much different from our rates. They're
pretty much the same. So if we're saying that the hospital should
refund money to the people, then we're also saying we probably would
have to refund some money to the people. And I think it's a dangerous
situation to get into. And I'd sort of like to leave that up to the market.
But I would like to approve this agreement. And I will make a
motion that we approve the agreement. And that if the other
commissioners wish, we can direct the staff to take up the issue of the
protocols with MSAC and Dr. Tober and see if something can be
worked out there.
CHAIRMAN FIALA: What about their bill?
COMMISSIONER COYLE: I would like to ask the County
Manager if he thinks that this is just the time to get out of this business
and have it over with, or do you want to continue to fight over this
issue? And you're going to have to tell me where you think we can go
with it.
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April 27, 2004
MR. MUDD: Commissioner, I believe it's time to get whatever
bills that we can get paid. The only fees that are in any kind of
conflict are this particular one. I believe that the Medicare plus 10
percent rate basically funds the county for their ground transport. It
doesn't fund their helicopter transport.
But Commissioner, like this board was on 27 January, I'm really
tired of this. And it seems like we're going nowhere fast. And what
we're basically doing is trying to kill two institutions in Collier County
that have been pretty much outstanding, the Board of County
Commissioners and NCH in this process.
I believe Mr. Morton was sincere in saying that the Medic 80 --
the Medic 80 charges all the way to the end of April will be paid in
full, that the inter-facility in-county, the second column, will be paid
in full, that the third column would be Medicare plus 10 percent,
which pretty much pays the county for expenses incurred, doesn't get
at the training issues, and I have to admit that, nor does it get the
helicopter costs, because it's a lot more than Medicare plus 10.
In this particular column over here on the fourth, we will have a
billing summit to make sure that the fees -- and let me tell you, here's
a for instance on the fees. And I mentioned Blue Cross. And Blue
Cross, basically -- if you have a $4,000 patient, okay, for Blue Cross,
when you accept a Blue Cross patient, you basically sign on the
bottom line that you're going to accept Blue Cross at some reduced
rate over what you're going to charge. So you bill 4,000, they come at
3,000, the patient's got a $500 deductible. Now, if you go back to
Naples Community Hospital and look for the other $500, okay, the
county can pick up that $500 and take it into the county. But at the
same time, part of the Blue Cross agreement, they have to give that
$500 back to Blue Cross. So there's nothing gained. We need to sit
down in that billing summit and see if we don't have some of that
convoluted issues within that $183,000. And that's why he wants to
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April 27, 2004
talk about the billing summit. And I believe we're going to spend
more money transferring dollars than we're going to get anything
accomplished.
So we're going to sit down with them, and whatever is truly owed
by the hospital, and it isn't mixed up in this Blue Cross issue, Mr.
Morton said that there would be no problem with that payment. But
he just wants to get some clarification on those particular things.
CHAIRMAN FIALA: And when will that payment be made to
us?
MR. MUDD: Ma'am, I hope to get everything resolved here
before the end of May, okay, with everything that's owed up until
when --
CHAIRMAN FIALA: You hope. But is that a guarantee?
MR. MUDD: Ma'am, hope is never a method. But I'm going to
do my darnedest, and I plan to report back to the Board of County
Commissioners.
Now, I will say again to you that this certificate of need gets
reviewed on an annual basis, and if the board decides to hold that --
withhold that license next year because of nonpayment, you have that
opportunity, ma'am.
COMMISSIONER COYLE: You asked me a question about my
motion, so let me just finish that, if you don't mind.
CHAIRMAN FIALA: Sure.
COMMISSIONER COYLE: Then based upon what the County
Manager has told me, my motion would be that we approve this
agreement and that we ask the staff to go to the MSAC and Dr. Tober
to discuss the issues of protocol, and that the staff continue their
efforts to obtain reasonable reimbursement for the outstanding bills.
And if we're not satisfied with the results, we can always deal with
this certificate of need issue at a later time.
COMMISSIONER COLETTA: I'll second that.
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April 27, 2004
COMMISSIONER HALAS: I'll second that one.
CHAIRMAN FIALA: I have a motion on the floor by
Commissioner Coyle and a second by Commissioner Coletta.
And then Commissioner, you have comments?
COMMISSIONER COLETTA: Just a comment. This has been
an extremely healthy conversation. I'm glad that we got to get all this
out in front. I know right now there's probably some people out there
that are tearing their hair out trying to figure out where we're going
with it. But I do believe now that the ball's in Naples Community
Hospital's court. It's for them to come back to us and say yes, we want
to establish our own protocol, yes, we want our own medical director,
and bring it back to the commission at the appropriate time, either
sometime during the year or when their license comes due again a
year from now. And I appreciate the fact that you all were willing to
sit through this and I think we did very well with it.
CHAIRMAN FIALA: This is important because the county and
the hospital need to be working together well. All of our insurance is
handled through the hospital's network, and so we're a great supporter
of the hospital and have been, and vice versa. I would expect them to
want to pay their bills, being that we're there for them. So -- and that's
been very important to me, as you can see throughout this entire
conversation.
So if we have written that into our motion, then -- would you
read the motion again for me?
MR. MUDD: The motion, ma'am, is to approve the certificate of
need, direct staff to go to MSAC and coordinate with Dr. Tober about
any kind of a modification to the protocols that we're asking NCH to
have and come back with a recommendation for this board, and to
direct staff to collect all reasonable costs and bring back the final
payments to the BCC for information.
CHAIRMAN FIALA: Great. Okay, fine. We have a motion on
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April 27, 2004
the floor by Commissioner Coy Ie and a second by Commissioner
Coletta. Any further discussion?
(N 0 response.)
CHAIRMAN FIALA: We have to close the public hearing, don't
we? We have to close the public hearing now, and we had no
speakers; is that correct?
MS. FILSON: No, ma'am.
CHAIRMAN FIALA: A little bit late in the game, but anyway,
we've taken care of that.
All those in favor, say aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: That passes with a 5-0.
MR. DUNNUCK: Thank you, Commissioners.
Item #9A
RESOLUTION 2004-161 REAPPOINTING ROBERT
CUNNINGHAM TO THE FOREST LAKES ROADWAY &
CHAIRMAN FIALA: I just had a conference here with
Commissioner Coyle. We had thought we would be out of here very
early. Obviously we're not going to be, so we'll try and go through 9
and finish all of that up and then we'll take a lunch break and come
back for the other items. Sorry that we have to do that.
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April 27, 2004
MR. MUDD: Madam Chair, can I ask one favor of the board?
CHAIRMAN FIALA: You may.
MR. MUDD: Ms. Karen Bishop has been getting kind of the
runaround. And she had a public comment petition in and she wanted
to speak. I think she signed up. She's not signed up?
MS. FILSON: No.
MR. MUDD: She had asked if she could talk on public
comment. She has a client that wants to put a sign up. And she's been
tossed between lease and doing something different on that particular
parcel of land. And she asked if the board could do that. I basically
said we'd probably be out of here by noon, too. She's been sitting here
for a while. But she has to sign up if that's indeed going to happen.
CHAIRMAN FIALA: But is she here anymore?
COMMISSIONER HENNING: She's probably talking outside.
CHAIRMAN FIALA: Oh, okay. So what you would like to do
is have us hear her?
MR. MUDD: Ma'am, if you do 9 and if she signs up and shows
up at the end of9, I'd like her to have her five minutes in front of the
board, because she's asked ahead of time for that.
CHAIRMAN FIALA: Okay, fine. Very good. So we'll go on to
9( A) right now, and that is to reappoint -- or to appoint one member to
the Forest Lakes Roadway and Drainage Advisory Committee.
COMMISSIONER COYLE: Motion to approve reappointment
of Robert Cunningham.
COMMISSIONER HENNING: Second.
COMMISSIONER HALAS: Second.
CHAIRMAN FIALA: Okay, I have a motion to approve Robert
Cunningham and a second.
All those in favor, say aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
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April 27, 2004
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Very good.
Item #9B
RESOLUTION 2004-162 APPOINTING RAYMOND J. BOWIE TO
THE COLLIER COUNTY CODE ENFORCEMENT BOARD -
ADOEIED
COMMISSIONER HENNING: Motion to approve Robert --
Raymond Bowie for the Collier County Code Enforcement Board.
COMMISSIONER COYLE: Second.
COMMISSIONER HALAS: Second.
CHAIRMAN FIALA: Okay. I have a motion on the floor by
Commissioner Henning, second by Commissioner Coyle.
All those in favor, say aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
Item #9C
RESOLUTION 2004-163 APPOINTING SHARON KING AND
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April 27, 2004
VICTOR L. BRITTAIN TO THE BA YSHORE BEAUTIFICATION
CHAIRMAN FIALA: Motion to approve two members to the
Bayshore Beautification MSTU Advisory Board. And I motion to
approve Sharon King and Victor Brittain.
COMMISSIONER COYLE: Second.
COMMISSIONER HALAS: Second.
CHAIRMAN FIALA: I have a motion on the floor by
Commissioner Fiala and a second by Commissioner Coyle.
All those in favor, say aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
Item #9D
RESOLUTION 2004-164 APPOINTING GEORGE C. MOHLKE,
COMMISSIONER COLETTA: Motion to approve George
Mohlke, Jr. and Ray Cadwallader to the Housing Finance Authority.
CHAIRMAN FIALA: I have a motion on the floor to approve
Chuck Mohlke and Ray Cadwallader. Do I have a second?
COMMISSIONER HALAS: Second.
CHAIRMAN FIALA: And a second by Commissioner Halas.
All those in favor, say aye.
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April 27, 2004
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Okay, we have a 4-1 on that.
Item #llA
KAREN BISHOP REGARDING THE POSSIBLE LEASING OF A
MS. FILSON: And that brings us to public comment, which I
have one speaker, Karen Bishop.
MR. MUDD: Ma'am, this doesn't end the public comment, we're
just asking for one speaker--
CHAIRMAN FIALA: Right.
MR. MUDD: -- to the public comment--
CHAIRMAN FIALA: Right, just moving her up the ladder.
MS. BISHOP: Good afternoon. Karen Bishop. I'm here
representing Bay West Nursery, to ask your permission to lease 50
feet of property in front of the new location. Currently Bay West is
operating south of Immokalee Road. They are trying to open -- or
actually already have opened a facility on Old 41 for orchids and other
specialty plants.
Now the problem is that the right-of-way, as you can see, is huge.
Let me get my fingers in here. This is the site right here. The
distance from the right-of-way to the edge of payment is about 85 feet.
And there's a ditch in between, which is about 35 feet. So what we're
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April 27, 2004
asking to do is to lease the property that I've shown in dashes there,
which is 50 feet, to enhance it with landscaping and a sign. And that
really is the --
COMMISSIONER HENNING: It's our right-of-way?
MS. BISHOP: Yes, it is.
And unfortunately the way the sign ordinance reads is, you
know, you have to be on your own property. And we're so far away
from the edge of payment that it can't be seen. And so we would like
to just borrow -- you know, borrow your property, pay you for it,
while we're doing it, enhance it.
COMMISSIONER HENNING: And it has to be --
MS. BISHOP: Lease.
COMMISSIONER HENNING: -- an official lease --
MS. BISHOP: Right, because --
COMMISSIONER HENNING: -- with the board?
MS. BISHOP: Correct.
COMMISSIONER HENNING: I'm all in favor of that.
MS. BISHOP: That way nobody can -- that way your
right-of-ways are used properly and it doesn't open up the doors for
everyone and their grandma coming in with a right-of-way permit.
CHAIRMAN FIALA: Does staff have any problem with it?
MR. MUDD: Ma'am, we just need to get some board direction
on that one. I mean, if you -- and I'll put this up right now. That sale
sign right there are a bunch of cups that have been put in the chain link
fence, okay, to make For Sale. They could, under our sign ordinance
have an eight-foot by 10- foot sign without asking for any kind of lease
with us that's basically put on that fence.
The other issue is -- and any kind of sign would be better than
what we have right now, because the besides the sign -- and you can
see the cups, okay, so that you get a little bit of that. And that's not
necessarily legal. And neither is the Orchids 101 that are basically
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April 27, 2004
cups. But that's about the only way that this particular business can be
seen from the street because of that 85 foot.
I believe that there's some agreement in a lease that we could do
that's set back away from the traffic, you know, so it's 85 feet. It
wouldn't be right up against the traffic, it would be back off some 30
feet or so, provide this particular petitioner with the ability to advertise
their business with a sign of the size that we have for, at
Commissioner Henning's initiative, where what happens when you get
the mom and pops and you don't have the 150 foot. It's a smaller sign
than you would have on the marquis signs that we have out there, the
regular. And we'd probably come up with some lease agreement and
come back to the board with that process.
But the staff does not have the ability to do a lease, nor does it
have the ability under the sign ordinance to issue a sign in that
right-of-way. So we're kind of stuck. And this is a pretty good size
chunk of right-of-way. Now, if the board ever determines that the
roadway would have to be expanded past its present footprint and get
into that right-of-way, then we would put a stipulation in that
agreement that it would be null and void at that time.
CHAIRMAN FIALA: We've already got a lot of nods in
agreement. But Norm Feder is here. Let me say happy birthday to
Norm Feder. Happy birthday, Norm.
MR. FEDER: Thank you very much, Commissioner.
COMMISSIONER COYLE: You're not as old as she is, are
you?
CHAIRMAN FIALA: No, he isn't. By 10 years he's younger.
MR. FEDER: I think it's probably the other way around, but
thank you anyway.
What I'd like to do is, Karen, I don't believe you actually filed for
a right-of-way use permit on this, have you?
MS. BISHOP: I did. I met with your staff and they couldn't
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April 27, 2004
technically do it. So we met with staff members and the lease was the
way we came up with that we could do this.
MR. FEDER: Okay. We will-- based on the direction from the
board, we'll take a look at this and make sure that we bring this back
to you with whatever recommendation we feel we can do.
CHAIRMAN FIALA: Okay. Commissioners, is that in
agreement?
COMMISSIONER HENNING: Yeah, put it on a future agenda
for a lease agreement.
MR. MUDD: Yes, sir.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: I just want to make sure that we're
not putting ourselves in a box here, so that we can terminate that lease
at any time.
MR. MUDD: Yes, sir. And we'd have that stipulation in there,
yes, Sir.
COMMISSIONER HALAS: And we don't get charged for
something.
MR. MUDD: Yes, sir, we'd have that stipulation where we'd be
held harmless.
CHAIRMAN FIALA: Thank you.
MS. BISHOP: Thank you very much.
CHAIRMAN FIALA: Okay. Before we break for lunch, which
we're going to do now, I just want to wish Commissioner Henning a
happy birthday. His birthday was Saturday and we didn't even sing
for you or anything, which, of course, we should have done.
(Commissioners sing Happy Birthday to Commissioner Henning
in unison.)
COMMISSIONER COYLE: Speech, speech.
CHAIRMAN FIALA: And with that, we'll adjourn for --
COMMISSIONER HENNING: My birthday was not Saturday.
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April 27, 2004
CHAIRMAN FIALA: Oh, when was it, Friday?
COMMISSIONER HENNING: It was Sunday, so you're going
to have to do it all over again.
CHAIRMAN FIALA: Oh, no.
COMMISSIONER HENNING: By the way, I'm still the
youngest commissioner.
COMMISSIONER COLETTA: Here, let me help you.
CHAIRMAN FIALA: An hour for lunch.
(A recess was taken.)
MR. MUDD: Madam Chair, you have a hot mike.
CHAIRMAN FIALA: Thank you. The meeting is back in order.
Item # lOA
TOURIST DEVELOPMENT CATEGORY "A" 10-YEAR
And as we move on, to item 10(A).
MR. MUDD: That's to approve a Tourism Development Criteria
A, 10- Year Expense and Revenue Proj ection.
And Mr. Ron Hovell will present. Excuse me.
MR. HOVELL: For the record, Ron Hovell, Public Utilities
Engineering Department.
At your last board meeting, there was a lot of discussion about
the TDC Category A proj ections, what we otherwise call the 10- year
plan. We've updated it as directed, and it's in your package as well as
on the screen now.
The big changes are that we've put in the sections for the
Hideaway Beach project showing that the -- that the homeowners, line
C-8, says Hideaway, and then in parentheses, the homeowners
association will be paying that line. That's the section related to the
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April 27, 2004
sand.
And then up in section B-3, Hideaway T -Groins, we listed that as
the TDC cost, which is the permanent structures and half the
monitoring for the anticipated five years.
MR. MUDD: Could you go over to like 2013 or so?
Commissioners, you'll also notice on the chart, if you'll look at
2012 -- Jim Mudd, for the record, county manager.
If you'll also look at TDC expenses for Hideaway, you'll notice
that we're sharing the monitoring cost with the homeowners
association each year, but on the 2012, the next time they need to put
beach sand on the beach, that it's -- that particular cost is all on the
homeowners association as special assessment.
Go on down to the beach.
MR. HOVELL: I'm sorry, on the what?
MR. MUDD: The Vanderbilt Beach parking area.
MR. HOVELL: The other item that was discussed quite a bit
was the parking garage. That's line F-2 on your sheet. The total-- the
current construction estimate, I believe, is 4.6 million. Not all of it is
shown on that line right now. The balance is projected to come out of
the general beach park facilities line, the way it's currently laid out.
CHAIRMAN FIALA: It's current -- say that one more time,
would you, please?
MR. HOVELL: The Vanderbilt Beach parking garage is shown,
as was discussed last time, with some of the savings from some of the
Hideaway related projects and other issues to be -- what do those two
add up to -- about 2.7, $2.8 million. The balance, the difference
between that and the total estimate of 4.6 million, will come out of the
next line down, the beach park facilities line, line F - 3 on your
schedule.
CHAIRMAN FIALA: You know, I had a question about that.
Being that it says in our agenda packet, and I read with the TDC as
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April 27, 2004
well, it said that the -- they had budgeted from the TDC Category A
budget each year money enough so that now they had enough to pay
for the garage.
If they had enough to pay for the garage and they budgeted over
the last few years, why are we having the problem taking it out of
other funds when they already had the funds? I don't understand that.
MR. MUDD: Okay. Ma'am, the PRAB basically said that $3.8
million should go to the beach because it's already approved by the
Board of County Commissioners, okay, and that was set aside before
we got --
CHAIRMAN FIALA: To the beach or the parking garage?
MR. MUDD: The parking garage, excuse me. And it was
basically, hold in abeyance because we were in a court case with WCI
over being able to put a parking lot there, and it wasn't until the last
several months when WCI dropped that case and basically took any
deed restrictions off that land so that we could build a parking garage
there, so we were able to go out, and we just passed to go out to
design. The board did that last meeting, I believe, where they went
out for design for that particular parking garage.
The CAC basically said, no, we don't want to do that. We want
that parking garage to come out of the beach park facilities line, and
their fear was not having enough money for the major renourishment,
okay, when they balanced their budget. Of course, Hideaway Beach
was, in total, a county responsibility at that particular time.
CHAIRMAN FIALA: But they had the money set aside for the
parking garage. That has nothing to do with the renourishment.
That's a separate facility.
I'm not getting an answer that -- remember, now, I'm on this
kindergarten level where I -- you know, I really need to understand
exactly.
MR. MUDD: No, ma'am. It's a good question. They were fear --
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April 27, 2004
the CAC was fearful that there would not be enough money in the
reserves to cover the major renourishment project that, now that they
planned to do starting in November.
CHAIRMAN FIALA: But those were out of renourishment
funds, not out of beach parking funds.
MR. MUDD: No, ma'am. The beach parking and the beach
renourishment are out of all Category A funds. It's close to $6 million.
CHAIRMAN FIALA: But -- well, maybe I'm belaboring this.
Apparently everybody else understands it but me, so --
MR. MUDD: Go ahead, John, try.
CHAIRMAN FIALA: I mean, to me, if it's in the bank account
for a beach park -- for a parking garage and this is where they've put it
-- there's the money that's being allocated for it every year, and they're
worried about funding for beach renourishment, you don't raid another
account to do that.
But anyway, I've got two guys here. Commissioner Halas,
Commissioner Coyle.
COMMISSIONER HALAS: I was under the assumption that
there was some money set aside by prior commissions for the beach
parking garage at a future date, am I -- am I wrong in my assessment
of that?
MR. MUDD: No. You're absolutely correct, sir.
COMMISSIONER HALAS: Well, then, if there was money set
aside -- I thought in the tune of about $3 million.
MR. MUDD: $3.8 million, sir.
COMMISSIONER HALAS: Okay. So where is that money
then?
MR. MUDD: That -- that money got reallocated, and that $3.8
million right now on this slide is something less than that. It's to the
tune of $2.7 million, and it's on the Vanderbilt Beach parking line
item.
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April 27, 2004
COMMISSIONER HALAS: Well, I see on here 2.269.
MR. MUDD: Yeah, but you have the 498.5 --
COMMISSIONER HALAS: Okay.
MR. MUDD: -- on the previous item, sir. Okay?
So I would say to you at this juncture, based on direction from
the board, it was kind of a compromise at the last meeting. But he
said, well, we can't do the whole 3.8, but we'll get something close to
it. We'll use the difference, what we get from Hideaway, in order to
try to put it up against the parking garage, and the remainder amount
for the Vanderbilt Beach garage will be taken out of the next line item,
which is beach park facilities.
And at this juncture, it will come out of that line to the tune of
about $1.7 million in order to pay for the garage in its entirety.
CHAIRMAN FIALA: You know, it's woman's intuition, but
something is not hitting me right about it.
COMMISSIONER HALAS: The figures aren't coming up right
here. If you had 3 -- if you had $3.8 million in the coffers someplace
and then we've saved some money on this -- on this beach
renourishment project with Hideaway Beach, then we should have
more than adequate funds.
MR. MUDD: Sir, the argument comes down to -- and I'm not
arguing with what you basically have said.
It basically comes down to, where's the money going to come
from? Is it going to come out of the $4 million allocation to beach
renourishment or the $2 million annual allocation to beach park
facilities.
And the argument is systemic in the fact that it was a
preapproved item from the Board of County Commissioners. And
when the CAC and the TDC had come with their 10-year budget, they
wanted the beach park facility to come out of the $2 million annual
amount --
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April 27, 2004
COMMISSIONER HALAS: Okay.
MR. MUDD: -- that you see on that line item.
COMMISSIONER HALAS: Okay.
MR. MUDD: Okay? The PRAB said, no, time out. That 3.8
was set aside. It has nothing to do with that $2 million annual
allocation for beach park facilities.
And so there was a compromise at the last meeting with the
board when we showed these, and it was -- what we were told to do
was take the savings from the Hideaway, because there was an
agreement --
COMMISSIONER HALAS: Right.
MR. MUDD: -- made between the homeowners association,
Marco Island, and the Board of County Commissioners -- and we're
still working on an interlocal agreement as we speak -- that you take
those extra dollars out and put it up against the Vanderbilt Beach
parking garage.
COMMISSIONER HALAS: Okay. I just want to make -- get
one additional point, and I'm through here.
All of the -- all of our commitment to the Hideaway Beach
people is the $2.5 million, is that correct, for the T -Groins -- where am
I at here?
MR. MUDD: Go up again.
CHAIRMAN FIALA: Just the monitor -- half the monitoring.
MR. MUDD: Go up to the top, if you would.
COMMISSIONER HALAS: There you are. Keep going.
MR. MUDD: Keep going. Keep going up. It goes up some
more. Okay. And it's the Hideaway T -Groins. Whoops, go back the
other direction, John.
COMMISSIONER HALAS: Keep going.
MR. MUDD: Okay. That 2. --
COMMISSIONER HALAS: $2.488 million. That's all we're --
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April 27, 2004
that's all that this county is going to be committed for as far as taking
care of the T -Groins, and the rest of the beach renourishment is to be
taken on by the residents of Hideaway Beach; is that correct?
MR. MUDD: Plus there's a 50/50 cost split on monitoring.
COMMISSIONER HALAS: Exactly, right. That we agreed to.
Okay. I just want to make sure that that's on the record and that's
clear.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: I think what I was going to say has
already been said.
CHAIRMAN FIALA: Okay. Very good.
Any -- yes, Commissioner Henning.
COMMISSIONER HENNING: The restoration -- or not the
restoration, but the stabilization on Hideaway Beach is -- I don't think
it's any question in anybody's mind that it's a must.
I just have a problem with using TDC funds or tourist tax dollars
to do this project on a beach that the tourists can't get to. I think the
more appropriate funding source should be property taxes, so I can't
support the allocation of Category A just because of that reason.
That's all I needed to say.
CHAIRMAN FIALA: Do we have any further comments?
(No response.)
CHAIRMAN FIALA: And I make a motion to approve the
recommendation of the 10-year expense and revenue projection.
COMMISSIONER HALAS: I'll second that.
CHAIRMAN FIALA: Okay. I have a motion on the floor to
approve by Commissioner Fiala, second by Commissioner Halas.
Any further discussion?
(No response.)
CHAIRMAN FIALA: All those in favor, say aye.
COMMISSIONER HALAS: Aye.
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April 27, 2004
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN FIALA: Opposed, like sign.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Okay. That passes with a 4-1.
Item # 1 OC
MUTUAL GENERAL RELEASE BETWEEN THE COUNTY AND
FORMER EMPLOYEE LEE H. COMBS AND WAIVER OF
RECOVERY OF GRANTS MANAGEMENT CERTIFICATION
TRAINING AND RELATED TRAVEL EXPENSE OF LEE H.
MR. MUDD: Commissioner, 10(B) was withdrawn.
And that would -- that would take us to item 1 O( C), which is old
16(A) 13, and that is to approve the execution of a mutual general
release between the county and the former employee, Lee H. Combs
and to waive recovery of grants management certification training and
related travel expenses of Lee H. Combs in the amount of$4,162.76,
and that was at Commissioner Henning's request.
MR. BAKER: For the record, Denny Baker, director of
Financial Administration and Housing.
COMMISSIONER HENNING: Commissioner Fiala, I pulled
this item because I had a concern about having to pay this, that it was
-- or having to waive collection of the fee. I had concerns about, since
the employee left, what the true benefit of the county is.
During the break I had a discussion with the assistant county
attorney, and he relieved my concerns. And just for anybody (sic)
others edification or concern, maybe the assistant county attorney can
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April 27, 2004
address that.
CHAIRMAN FIALA: Okay. Then--
COMMISSIONER HENNING: Our conversation.
CHAIRMAN FIALA: -- if you would like to handle the motion
from there, if you feel comfortable with that.
COMMISSIONER HENNING: I make a motion to approve --
CHAIRMAN FIALA: Second.
COMMISSIONER HENNING: -- based upon the county
attorney's explanation of why we need to settle this.
CHAIRMAN FIALA: Okay. We have a motion on the floor by
Commissioner Henning to approve because his questions have been
satisfied, and a second by Commissioner Fiala.
Any discussion?
COMMISSIONER HALAS: Could you enlighten us just a little
bit, maybe what you passed on to Commissioner Henning?
MR. TEACH: Certainly, Commissioner. This is Scott Teach for
the County Attorney's Office.
Current county policy provides that a division administrator can
request reimbursement of training fees if a county employee separates
within 12 months after the training course has completed -- and that's
a may. It's not a shall-- require the reimbursement. In this case the
employee separated 15 months after the training was completed.
Additionally, we had some issues regarding the voluntary
separation of this employee, and I recommended that it would be in
the best interest of the county to enter into a mutual release. The
former employee has released all claims against the county, and vice
versa. It's a clean separation.
COMMISSIONER HALAS: Okay.
CHAIRMAN FIALA: Okay. Any further questions?
(N 0 response.)
CHAIRMAN FIALA: All those in favor, say aye.
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April 27, 2004
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: So that passes with a 5-0.
COMMISSIONER HENNING: Thank you.
CHAIRMAN FIALA: And thanks for being so alert,
Commissioner Henning.
MR. TEACH: Thank you.
Item #10D
REIMBURSEMENT TO THE CITY OF NAPLES FOR THE
SANDPIPER BOULEVARD INTERSECTION IMPROVEMENTS
MR. MUDD: The next item, Commissioner, is item 10(D), and
that's old 16(B)3, and that's to approve reimbursement to the City of
Naples for the Sandpiper Boulevard intersection improvements in the
amount of$146,080.61, and that's at Commissioner Coletta's request.
COMMISSIONER COLETTA: Okay.
MR. MUDD: Mr. Feder?
COMMISSIONER COLETTA: If I could, I'll just go right and
ask a couple questions of Mr. Feder, maybe we can get this cleared up.
MR. FEDER: Yes, Commissioner.
COMMISSIONER COLETTA: When we originally agreed to
do this with the City of Naples and we approved $250,000, was that
the agreement, or was the agreement that we would pay for the total
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April 27, 2004
repairs, regardless of what it was?
MR. FEDER: We said that we would pay up to 250,000. We
had provided for a joint costing on the project, and we've determined
that since their invoicing to date is only 143, we're processing that for
payment.
COMMISSIONER COLETTA: That's a considerable amount
over the $250 we agreed to do. How did we come up with 250 that we
agreed to pay? Were they paying a share, too?
MR. FEDER: Yes. As a joint costing, and they were going to --
their estimate was far greater. The work that they did was less. As a
matter of fact, we had to contact them a couple of times to -- when we
saw that we had not invoiced on it. It had been previously approved in
our budget, worked through the invoicing with them. And as I said, it's
only 143,000, and we're seeing that as our coverage under this project.
COMMISSIONER COLETTA: Okay. One more time, let me
try this a little different. What was the total cost of the project?
MR. FEDER: My understanding right now is that we had set it
up originally under 50/50, under 250,000. I'm not sure that their cost
exceeded the 143 relative to our commitment of 250, and so we're
providing the 143.
COMMISSIONER COLETTA: Could we continue this till we
have this information?
MR. FEDER: I'd be happy to do so if that's your desire, sir.
COMMISSIONER COLETTA: Yep.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: Well, wait a minute. What is the
problem? We committed 250,000 to them. They only spent 146,000.
We're getting out cheap. What are we worried about?
COMMISSIONER COLETTA: I'm sorry. I misread it. I
thought they were asking for additional money.
COMMISSIONER COYLE: No.
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April 27, 2004
MR. FEDER: No. The 146 is their total request. We had
budgeted 250. They didn't use all the 250.
COMMISSIONER COLETTA: Oh, in that case there, I make a
motion we pass this.
MR. FEDER: Thank you.
COMMISSIONER COYLE: I think we should give them the
whole $250,000.
MR. MUDD: No.
COMMISSIONER COLETTA: No. I thought they were trying
to get an extra 143.
CHAIRMAN FIALA: Do we have a second on that?
COMMISSIONER HALAS: I do. I'll second.
CHAIRMAN FIALA: All right, fine.
We have a motion to approve by Commissioner Coletta, a second
by Commissioner Halas.
All those in favor, say aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
Item # 1 OE
CONTRACT FOR RFP 04-3584 "FIXED TERM PUBLIC
RELATIONS SERVICES FOR COLLIER COUNTY" -
APPROVED WITH STIPULATIONS TO KELLEY SWOFFORD
ROY, INC.; KIDD TUCKER GROUP; ABOVEW A TER PUBLIC
RELATIONS AND MARKETING; AND GILBERT & MANJURA
Page 108
April 27, 2004
MARKEIINRIN-C
MR. MUDD: Commissioner, next item is number 10(E), and
that's old item 16(E)4, and that's to approve contract for RFP-04-3584,
fixed term public relations services for Collier County, estimated
maximum annual contract amount not to exceed $500,000 per firm.
It was pulled at Commissioner Halas's request, and Mr. Steve
Carnell, the purchasing director, will present.
MR. CARNELL: Good afternoon, Mr. -- Madam Chairman and
members of the board.
As the county manager has mentioned, he's identified the RFP
number that we are proposing to award here. And this is a contract
that would place a variety of public relations firms under contract with
the county to be available on an as-needed basis to provide just a wide
variety of different public relations services.
The -- approval of this agreement, these agreements today, does
not obligate the board or the agency to expend any funds, rather it's
just simply to prequalify and proactively place these contracts in the
event that they may be needed in the coming months.
The contracts are structured in such a manner to where they are
driven on a work order basis where we would issue work orders. We
are using similar thresholds to what we have for our architectural and
engineering contracts. That's the reference to the $500,000. Similar
to how your engineering contracts of a similar nature have a $500,000
limit, using the same limits here for these contracts as well. They also
have a cap of $90,000 per work order as well.
So we're requesting approval of these items today so that we can
have these services available on an as-needed basis.
MR. MUDD: Madam Chair, I'd like to add one item to this
particular case, since it's had such a distribution so far, as far as the
public comment is concerned in the Naples Daily News.
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April 27, 2004
This was a prequalification of sorts. Mr. Carnell and his staff
basically aligned it with what we have on our engineering firms, the
standard of $500,000 and 90. I'd like to offer to the board a
compromise, because there's no plans at all to have $2 million worth
ofPR work out there. That was never the intent.
Let's draw the cap down to like 200,000 or $150,000, and let's
make the coming back to the board for approval, let's make it 25,000
instead of $90,000. Because, you know, there was a brochure that
somebody had an eye for, there was the opportunity that we might
have to do some PR work when we do our collections contract for
solid waste, and there were -- and there were a couple other areas
where the staff had identified a need in the future.
But I'm looking at that need, and it's nowhere near those things.
So I would like to make a recommendation, at least a modification to
the item, that the cap be set at $200,000 and that the pre approval
coming back to the board be set at the 25,000 mark. Anything
underneath of that, the staff can approve. Anything above that, we
come to the Board of County Commissioners.
CHAIRMAN FIALA: Okay. Commissioner Halas?
COMMISSIONER HALAS: Presently how many people out
there that are in the PR work, how many do we have under contract at
the present time?
MR. CARNELL: Commissioner, none. This is the first time
we've done this, and that's why you don't have a more detailed fiscal
impact.
COMMISSIONER HALAS: Okay.
MR. MUDD: Commissioner, you do have one firm that's under
-- that's under contract -- well, you do have two firms that are under
contract, and let me help Mr. Carnell.
You have one firm that's just finishing up their PR work, and that
had to do with the Pelican Bay reuse, the potable water/fire control
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April 27, 2004
project that was a three-year project, and we had a PR firm that was
assigned to that three years ago.
And the board just approved an item -- and I can't remember
exactly what the figure was, but it was for a PR firm for the major
renourishment effort, the work through Coastal Engineering, okay, so
we could keep all the residents informed as far as the major
renourishment project there, so that we've got -- we've got two, and
that's basically using TDC dollars for that particular one. So I know
of two right now that, off the top of my head, that are there.
MR. CARNELL: But let's clarify. Those were previously
approved by this board. Those are specific engagements. This is
different. This is an open annual contract for smaller engagements as
the need arises. That's the difference.
COMMISSIONER HALAS: Okay.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: One of the things I asked staff was
to give me some examples of the kinds of activities these people
would perform. And I think it's important that we understand what
these public relations firms are likely to be doing, and some of the
examples that were given to me include public notification of beach
renourishment activities, when it's going to be done, how it's going to
be done, what the beach access points are for trucks or things like that,
traffic on the streets. It's important to keep the public informed about
things like that.
We've also had situations where the public wanted median
landscaping, and we have designed alternatives for median
landscaping and communicated that to the communities to see if those
are the kinds of things they wanted, and also to keep them aware of
the activities that were taking place, and general project notification to
the public to include public works projects, road widening activities,
ground-breaking ceremonies, and things like that.
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April 27, 2004
So those are the kinds of public relations activities we're talking
about here, and I agree with the county manager that the costs have
been blown out of proportion here, and merely because there was a
cap of $500,000 for anyone contract, the inclination was then to
multiply that cap by the four bids that were reviewed and come up
with a $2 million figure, and that was never the intent.
But, of course, it wasn't clear in the executive summary, so now
that the county manager has clarified that, I think I would support this
process, particularly since we're going to get a chance to see it as it
goes along anyway. And I think we do need to make sure we notify
the public of these projects that affect the public.
CHAIRMAN FIALA: Coming from a 25-year background in
public relations, I have a -- I have a strong feeling toward this myself.
I just had a couple little questions.
Did you -- when you put the bid out, do we have a lot of local
companies that are on that bid list, or does that bid list need to be
revised?
MR. CARNELL: Well, we circulate it to 93 firms, and a good
number of them are local.
CHAIRMAN FIALA: Yes, I read that. But I mean, how many
were local?
MR. CARNELL: That are being selected?
CHAIRMAN FIALA: Yeah. And I --
MR. CARNELL: Of the four --
CHAIRMAN FIALA: -- ask that because the public relations
association, I've spoken to a few of the members from the P-R-A-C-C,
PRACC, and not many of them seem to know that there's even a bid
process, which may be their fault, I don't know. But I was wondering
if we can ever, especially for public relations information, if we could
ever get local people more involved.
You know, it's interesting, when you're up in Tallahassee and
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April 27, 2004
you're really involved in state news and things going on, you have no
idea what's going on in Collier County, nor do you really much care.
And you don't read the local newspapers, watch the local television
set, so it's hard to jump in and put together -- other than a generic
public relations release, it's hard to get your feet wet.
But I noticed one of these four companies was a local company,
and so -- and I think that was good. At least they'll be in tune.
Because as long as we're -- as long as we're getting these people
onboard, we want to get the best bang for our buck, and -- and the
prime objective all along has been to get communication out. We
haven't communicated enough.
And one of the things that we've attempted, between the county
manager and the county commission, is to get the public more
involved. And the reason that we need a public relations firm, or
firms, is because we've got the public so involved now, everybody
feels like they're a part of government, and we have to continue to get
the word out.
So I just wanted to make sure that -- if we had local people
onboard who knew that we would maybe consider them first,
especially on local issues. Thank you.
MR. MUDD: Ma'am, this contract will come up for renewal, and
hopefully folks will know that this is the first time ever to have a
standing list of PR firms on an annual contract. And when it comes up
for renewal, we'll get it back out again, and at the same time people
will know that it's out there.
And Steve has a list that he sends the bids out to everybody, and
maybe he can get with Jack Wert and get a list of all those local PR
firms that work with the tourism industry and add those folks to the
list --
CHAIRMAN FIALA: What I'd love to have him do is get a list
-- we have PRACC, and I think we have -- I think there's a second
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April 27, 2004
group also in town that has public relations. I was never part of that
one, so I don't know it.
But anyway, they would probably be able to give you a list. And
from that list, you could qualify, depending on what licensure they
need and so forth, who would be allowed to bid. And I think that
would be a great idea.
And if you want a name and a telephone number of somebody,
I'll give it to you, 455-2801, Larry Block. Okay. He's in charge of
their membership, so I might as well do it right now.
MR. MUDD: One more time, ma'am.
CHAIRMAN FIALA: Pardon me?
MR. MUDD: One more time.
CHAIRMAN FIALA: Oh, 455-2801, Larry Block. And Larry
and me have been involved since the inception of that particular
group. I remember numbers well. Excuse me.
Okay. Do we have a motion on this?
Oh, Commissioner Halas? Excuse me.
COMMISSIONER HALAS: I would assume that these PR firms
that you presently have listed here, each one of these PR firms
actually specialize in certain areas of PR; is that correct?
MR. CARNELL: Yes.
COMMISSIONER HALAS: Okay. So it's basically a
cross-section of different PR firms that -- and the type of work that
they do; is that my understanding?
MR. CARNELL: Yes, sir, yes, sir. It's a combination of large
and small, and also especially with their types of media --
COMMISSIONER HALAS: Okay.
MR. CARNELL: -- where they're strongest in, yes. So we tried
to create something of a cross-section there to give us some options.
COMMISSIONER HALAS: I think that's a great idea.
CHAIRMAN FIALA: I love what you've done with this, Mr.
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April 27, 2004
Mudd, and I think that's great, giving it a more realistic limit, and I
think it's far more appealing with the $25,000 and $200,000 caps.
MR. MUDD: Okay. So the staffs recommendation at this time,
just for clarification because there's no motion yet on the floor that -- I
believe, is that we put an upper limit of $200,000 on each one of these
firms and that we come to the board for anything over $25,000 for
approval.
COMMISSIONER HENNING: I make a motion --
COMMISSIONER HALAS: I make a motion that we approve
that.
CHAIRMAN FIALA: Okay.
COMMISSIONER HENNING: I'll second that if we could bring
it down to 150.
COMMISSIONER HALAS: Nope, 250 (sic) --
COMMISSIONER FIALA: No, 200. That's what his was, 200.
COMMISSIONER HALAS: Two hundred thousand, yes, two
hundred.
CHAIRMAN FIALA: And your seconding it if it's 150, right?
(No response.)
CHAIRMAN FIALA: Okay. We have a motion on the floor to
approve with the amended figure of $200,000 as the cap.
COMMISSIONER HALAS: Yep.
CHAIRMAN FIALA: And that motion was submitted by
Commissioner Halas. We have a second on the floor -- do we have a
second on the floor?
COMMISSIONER HENNING: (Shakes head.)
COMMISSIONER COYLE: Yes.
CHAIRMAN FIALA: No, he's shaking his head.
COMMISSIONER COYLE: I'll second.
CHAIRMAN FIALA: I have a second by Commissioner Coyle.
Any further discussion?
Page 115
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April 27, 2004
All those --
COMMISSIONER HALAS: That was with an expenditure of an
upper limit of 25,000, and if there's anything that exceeds the 25,000,
then that was going to come back to the board; is that correct? Okay.
I want that in my motion, too.
CHAIRMAN FIALA: Okay, fine.
So the motion states that the -- this request will be approved with
the $200,000 cap as far as what could be spent with each firm, and a
$25,000 limit that can be spent before seeking board's approval.
COMMISSIONER COYLE: And my second will affirm that,
but I would like to just make one editorial comment. It should be
noted that it was the staff that suggested that this limitation be placed
on the amounts. It was not imposed by the Board of County
Commissioners.
MR. MUDD: No, sir. It was staffs recommendation.
COMMISSIONER COYLE: Okay, exactly.
CHAIRMAN FIALA: Oh. Thank you for putting that on the
record.
Okay. All those in favor, say aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Very good. That passes with a 5-0.
Item #15A
COMMISSIONER HALAS NOT TO BE AT THE MAY 25TH BCC
Page 116
April 27, 2004
MEEIINfì
MR. MUDD: Commissioner, that brings us to public comment, I
believe.
MS. FILSON: I have no speakers.
COMMISSIONER COYLE: Where is Bob Krasowski?
MR. MUDD: Commissioner, that brings us to staff and
commission general communication.
CHAIRMAN FIALA: Thank you. No public comments.
Let's see. County attorney?
MR. WEIGEL: No further comment. Thank you.
CHAIRMAN FIALA: Okay. County Manager?
MR. MUDD: Ma'am, I have several items.
First is just to make sure that the Board of County
Commissioners know, and -- as well as the staff, that Commissioner
Halas has sent a letter to me and to you, ma'am, that basically says,
please be advised that I will not be present for the May 25th, 2004,
Board of County Commissioners meeting. I can be available via phone
for essential items on that day.
Thank you for your understanding and assistance in scheduling
the agenda accordingly. Signed, Frank Halas, commissioner, District
2.
Item #15B
Next item. There was a -- there was an editorial today in the
paper that basically said that staff did not do its due diligence on the
background investigation for our PR director.
And I will say to you that that is not the case. We did exactly
Page 11 7
--
April 27, 2004
what we do for every employee. We went -- and I have the records
here in which -- in which the Naples Daily News does have in their --
in their files, because they asked for it and we received (sic) it.
We do a background investigation on everyone. In this particular
case, we sent Mr. Torre's records to the motor vehicle search in the
State of Illinois, and Mr. Torre has no vehicular violations.
The next item we sent is we sent -- we send it to the State of
Illinois for a statewide criminal search, and we're asking for any
records of felony and misdemeanor. It came back, result, clear.
We sent -- we sent another county court records search, and this
went to Willis -- Will County, which is the county that he resided in,
and we asked him (sic) for felonies and misdemeanors, and the result
was, clear. And it goes on.
So Commissioners, I'll let you know that when we hire an
employee in Collier County, we do a background check. We check
their records to make sure that there's nothing nefarious that's in their
particular record of date before we hire.
And the next thing I will tell you is, people in the United States,
if they've committed a crime, they normally get indicted. The FBI
does not take exception to anyone, okay, that I know of lately, and
they're not discriminatory upon their particular records, and the man
has not been charged nor has he been convicted.
We hired him because of his background. He has been tested in
his previous assignments. And I will tell you, we went through a
search with a great committee of employees, and we searched 250
plus records. And by far, Mr. John Torre happened to be the best
applicant, and we hired him based on that request.
And so I will tell you that that is not the case that people read in
the paper today. And I want to make sure that I make the record
straight. And it was also, what are we going to do about Mr. John
Torre. Mr. John Torre is going to be an employee of good standing
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----
April 27, 2004
and will stay in hire of Collier County until such time as he shows that
he's not an employee of good standing.
Next item. I just want to make sure the record is clear.
COMMISSIONER COYLE: Before you go, I can't -- I can't
control myself.
COMMISSIONER HALAS: Me either.
MR. MUDD: Well, I had a hard time.
COMMISSIONER COYLE: Okay. I'm on a timer now. So I've
got to make -- you know, I think this character assassination by
association is absolutely despicable.
Mr. Torre hasn't -- there hasn't been any indication that Mr. Torre
did anything at all wrong, and because he worked in public relations
for Governor Ryan doesn't mean that he also did something wrong,
just as I suspect Martha Stewart's publicist is not being accused of
having done something wrong because the person she worked for did.
So you know, I think this is despicable, and I would like to see
the newspaper adopt a more reasonable approach on issues like this
and give people an opportunity to demonstrate their good character
rather than making assumptions of this nature.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: I go along that (sic) totally, and I'm
amazed at the character assassination or the idea that a person is guilty
just because of association, and if there's no grounds there, if the
information was given to the Naples Daily News, then I think that they
ought to use a little scrutiny in regards to exactly how they go about
reporting it.
CHAIRMAN FIALA: 0 ka y . Next item?
Item # 15C
FEMA LETTER: FLOOD INSURANCE STUDY AND FLOOD
Page 119
April 27, 2004
INSURANCE RATE MAP BY 12/01/04; CHAIRMAN TO SEND
MR. MUDD: Commissioner, next item is, I just received a letter,
and this is of -- this is of some immediate concern to the Board of
County Commissioners and to Collier County.
It's a letter that I received from the Federal Emergency
Management Agency, and I'm going to try to put it on the visualizer.
And hopefully we can -- we can -- and hopefully we can read along a
little bit.
And it basically says -- this is to Mr. Joseph Schmitt, and Joe
doesn't have the authority to answer this. And it's reference to Flood
Insurance Study and Flood Insurance Rate Map for Collier County,
Florida, in incorporated areas restudy schedule agreement.
Dear, Mr. Schmitt: As stated in our enclosed March 24th, 2004,
letter, the effective date of April 16th, 2004, that was established for
the Flood Insurance Study, the FIS, and the Flood Insurance Rate
Map, the FIRM, for Collier County, Florida, and incorporated areas,
has been postponed in order to provide sufficient time to address the
county's request to improve local flood hazard information.
Following detailed coordination efforts including a February
13th, 2004, meeting, at our regional office in Atlanta, Georgia, and
subsequent conference calls on March 2nd, March 5th, and March
15th, 2004, Collier County agreed to provide the Federal Emergency
Management Agency, FEMA, with revised flood hazard analyses and
digital flood hazardous mapping along with all supporting data by no
later than December 1,2004. We appreciate the county's continued
commitment and expenditure to improving the flood hazard
information reflected in the -- in the Collier County and incorporated
areas, FIS and FIRM.
Second -- next paragraph. The geographic areas covered by the
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April 27, 2004
new analyses and mapping include the entire Collier County and
incorporated areas shoreline as well as the following six basins: The
Cocohatchee River, the Golden Gate main canal, downstream of 951
canal, District 6, Henderson Creek/Belle Meade, and the southern
coastal basin, and the Golden Gate Estates north.
The methodologies to be applied to the restudy and the deliv --
and the deliverables to be submitted are outlined in the FEMA
document titled, Guidelines and Specifications for Flood Hazardous
Mapping Partners, dated April, 2003, found on the FEMA website at
HHP (sic), and it's there for people that can read it.
During the coming months, we will be working closely with
Collier County and the county's consultant, Tomasello Consulting
Engineers, Inc., which is TCE, to incorporate the improved data into
the FIS and the FIRM.
The enclosed schedule of work details the proposed submittal
dates for each deliverable. To help ensure the quality of the final
deliverables, we have tasked our map coordination contractor,
Dewberry, to coordinate with Tomasello's -- TCE during the
development of the -- during the development of the deliverables.
Within 30 days of the receipt of each intermediate data submittal,
we agree to provide review comments to TCE. In return, we would
like to obtain the county's agreement that all deliverables will be
submitted to us by December 1,2004.
If the deliverables are not -- make sure I get it. If the deliverables
are not submitted to us by this date, we would also like for the county
to agree that we can proceed with the finalization of the FIS and the
FIRM on December 1, 2004, utilizing the data that has been submitted
to us by that date.
If Collier County is in agreement with this approach, please reply
by this letter within two weeks of receipt, indicating that all
deliverables will be provided by December 1, 2004, and understand
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April 27, 2004
that should they not be delivered by that date, FEMA will proceed
with a finalize -- with finalizing the flood hazardous study for Collier
County and incorporated areas using the information obtained as of
that date.
And then it basically says, here's the point of contact. But the
key issue is, they want a reply within two weeks of submittal. I
received it yesterday. We won't have time to bring it back to the
board for discussion. And I pretty much have to get an answer, if the
board directs to, to basically reply in agreement, that the deliverables
will be there by 1 December of 2004, and if not, then FEMA will
proceed with their maps with the best data that they have available.
And, Commissioner, the one piece that I didn't show you -- and I
ran this across -- against -- I ran this timeline against Mr. Schmitt over
lunch, and he basically says that this is what was agreed upon at their
meetings and those telephone conversations on those three different
dates. So it's -- it's with -- it's in keeping with what we agreed with
them. They just want confirmation now.
COMMISSIONER COLETTA: Right. And we are within the
schedule that we originally set up, and we have another phone meeting
taking place this coming Monday.
As far as I know -- and of course, I'll be honest with you. I've
never been in a situation quite of this magnitude before.
We're not going to make the date, not 100 percent, for everything
that they're asking for. We're going to have things that are going to be
left out because of individuals out there that won't do what they're
supposed to do as far as doing the surveys on their property.
That's going to be an ongoing thing. Maybe Mr. Schmitt would
like to address it, because I want to make sure we got everything up
front. Because there's a certain responsibility on the part of the public
to make this work.
MR. SCHMITT: For the record, Joe Schmitt, administrator of
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April 27, 2004
Community Development and Environmental Services.
Just so you understand, what this is committing to are the studies
that we agreed to in Atlanta when we were on our trip, and this is what
we agreed to provide within the specified period of time so FEMA
would have its time to redo the maps. Basically what they're looking
for is this commitment, and they'll have eight months to properly vet
those -- that product.
Commissioner, what you're talking about are certainly the
impacts that those maps may have if, in fact, they impact -- adversely
impact the residents, let's say, in Golden Gate. But that's something
we're working separately. That -- those issues in regards to individual
flood certificates or those type of activities, related and related
significantly to this issue, but the agreement here is --
COMMISSIONER COLETTA: I understand.
MR. SCHMITT: -- specifically dealing with --
COMMISSIONER COLETTA: The agreement -- the agreement
is whole the way it's put together. The problem is is that that date is
going to come in December.
MR. SCHMITT: That's correct.
COMMISSIONER COLETTA: And when that date does come,
we're going to have some people that will not got (sic) the data to us in
a timely fashion for their own particular dwellings. And that's
something that every time I get the opportunity, I'm going to mention
it to try to move people forward.
It's -- their organizing in quite a few of the areas throughout the
estates, and I assume other parts of the counties will also have to do
this to be able to --
MR. SCHMITT: Most part -- most other parts of the county
already have -- well, some of the homes have existing flood -- floor
certificates, but areas that were in X zones previously and were
identified in X zones, let's say, some -- even areas of Naples Park,
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April 27, 2004
they may not have current or valid flood certificates.
And if, in fact, the designations change in those areas, they may
be faced with a similar predicament where they're going to have to
have a flood certificate in order to validate their base -- their slab
elevation.
But those are individual issues. We'll have to work with the staff,
with the various communities. What these are, working with our
consultant, to make sure we meet the commitment of providing the
basin studies and also the storm surge models associated with the
coastal impact.
MR. MUDD: Commissioner, I'd also like to add that if an
individual property somehow gets missed on the data, they still have
the ability as the property owner to appeal and to go through the
FEMA appeal process as they do their flood elevation certificates for
their particular property. So it isn't a fait accompli on 1 December.
That individual property owner --
COMMISSIONER COLETTA: And that's absolutely correct.
MR. MUDD: -- doesn't give up.
COMMISSIONER COLETTA: I just wanted to get across --
also, too, if somebody does slip up and they didn't get their certificate
and they have to get it after the fact, if -- for all the insurance, if the
bank does force them to buy flood insurance, they'll get a
reimbursement, FEMA told us that, for up to one year, as long as they
haven't made any claims.
So there are different avenues, and there's different ways we're
going to go at it. But people have to be cognizant of the fact that
there's going to be a certain amount of responsibility on their part to be
able to prove the fact that their -- what their elevation of their house is,
and that's going to be through a survey.
And streets are going to have to organize so they can get the best
possible price from the surveyors. And we'll be supplying this
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April 27, 2004
information on an as-request basis. My office is willing to work with
them very closely. We'll supply the mailing addressing for the streets.
Any way we can help to keep this moving forward.
You look a little surprised. I'm not going to personally write the
labels out myself. I'll get them from the tax appraiser's office.
MR. MUDD: No, sir. No, I agree with everything you're saying.
COMMISSIONER COLETTA: Tax Collector's Office. I'm
sorry .
MR. MUDD: I need -- I think in this particular case, I would -- I
would like to have a motion that the chair --
COMMISSIONER COLETTA: I'll make that motion.
MR. MUDD: -- that the chair would sign the agreement that's
stipulated in this letter, and Mr. Schmitt will draft it and get it to the
chair for signature and meet the two-week time frame that they're
asking.
CHAIRMAN FIALA: I'll second the motion.
Commissioner Halas?
COMMISSIONER HALAS: We need to make sure that -- I
don't know whether we take out ads in the newspaper, but I believe we
should make sure that -- or use our local government television station
in regards to making sure that people are brought up to speed and up
to date in regards, what's required of them.
I'm concerned about people in District 2. And we want to make
sure that those -- if people need to get their areas resurveyed so that
they'll find out where they stand as far as flood elevation, we need to
get that message out to everybody.
MR. MUDD: And, sir, we're going to do everything we can on
our TV station. And one of the opportunities for one of those PR
firms that you just approved on 10(E) was to help us in this regard to
get information out to the public about what they should do and what
they shouldn't do in order to target those particular areas where people
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April 27, 2004
need to be interested and involved.
COMMISSIONER HALAS: Okay. Thank you very much.
CHAIRMAN FIALA: Commissioner Coy Ie?
COMMISSIONER COYLE: Yeah. That's a good idea. But
could you make sure that the PR firm does it in terms that people can
understand and not in the engineering terms that we --
MR. MUDD: Yes, sir. We're not -- we're not going to get into
X's and double A's--
COMMISSIONER COYLE: Good.
MR. MUDD: -- and A V's and all those particular things. We're
basically going to say, you're -- right now you're in an area where you
could possibly pay flood insurance. If you have a flood elevation
certificate, please provide it. And if you don't, you might think about
-- and we'll list all the firms or whatever that are out there that do
survey work that they might get in contact with in order to -- in order
to justify their particular case and get the information in that's needed
by FEMA.
COMMISSIONER COYLE: Well, and particularly along the
coastal areas, everybody knows that they have to have flood
insurance, the problem is what impact it has on them, such as making
their home a legal nonconforming structure, which has implications
with respect to other things --
MR. MUDD: Yes, sir.
COMMISSIONER COYLE: -- as well as rates, so we need
somebody to communicate that in lay terms to our community so
they'll understand what the risks are.
MR. MUDD: Commissioner, I'll review that personally along
with the community development's administrator, Mr. Schmitt, and I
would ask if you could be another set of eyes to help us as we go
through that process. I don't mean to put you on the spot.
COMMISSIONER COYLE: No, I'd be happy to help.
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April 27, 2004
MR. MUDD: I'd be glad to have all the commissioners read that
stuff --
COMMISSIONER COYLE: Yeah.
MR. MUDD: -- to make sure that you can understand it.
COMMISSIONER COYLE: I mean, let's face it, if we can
understand it, anybody can understand it.
MR. MUDD: I won't go that far.
CHAIRMAN FIALA: Okay.
MR. MUDD: That's all I have, ma'am. If I could get a vote on
that.
CHAIRMAN FIALA: Yes. We have a motion on the floor to
approve from Commissioner Coletta, and we have a second by
Commissioner Fiala, to approve this letter. That's what I want to say.
Any further discussion?
(No response.)
CHAIRMAN FIALA: All those in favor, say aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
MR. MUDD: That's all I have, ma'am.
Item # 15D
GOLDEN GATE P ARKW A Y - AIRPORT ROAD OVERPASS -
lliS.CIlSSED
CHAIRMAN FIALA: Okay. Now we'll start down here with
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April 27, 2004
Commissioner Halas.
COMMISSIONER HALAS: I don't have anything additional to
bring up on the agenda.
CHAIRMAN FIALA: Okay.
Commissioner Coletta?
COMMISSIONER COLETTA: Been an exciting day.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Yeah. I had the privilege of
speaking to Mayor Bill Barnett from the City of Naples, and it's
always a pleasure to talk to the mayor of the City of Naples, and I look
forward to the enhanced relationship that we have and hopefully have
in the future.
The discussion that we had was the improvements on Golden
Gate Parkway and Airport Road. And I explained to him of my
knowledge of -- it was offered that our staff can be there to present the
findings. And kind of what the mayor relayed to me, that was kind of
after the fact, and it's really -- you know, he just didn't feel
comfortable in that.
So we talked about, how can we resolve this issue without going
to court, or as elected officials, how can we get closer to where we
need to be. His idea was to put together a three-panel party to hire an
outside consultant to take a look at the Grey Oaks residents' proposal
of an eight-lane merge and see if it will work.
Although I have concerns on his proposal, I wanted to still bring
it to the Board of Commissioners, and I hope that we can give some
kind of direction today.
The concerns that I had is, we know that we cannot delegate to a
homeowners association in this case to sit down at a table.
The other concern that I have is, if we invite Grey Oaks, is it fair
to other organizations or other people that are interested in this
intersection improvement, such as the Golden Gate Estates Civic
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April 27, 2004
Association or Golden Gate Area Civic Association, because folks to
the east of the overpass or intersection improvements are the
benefactors to this, just like six-laning of Goodlette Road, the people
around there are the benefactors of that improvement. So I did share
that with him.
I also shared with him through some correspondence is --
wouldn't it be -- having to ask Florida Department of Transportation to
take a look at the proposed merge lanes and see if it'll meet a --
long-term transportation needs, wouldn't cost us anything.
But I told the mayor I'd bring it up. And if it's the wishes of the
board to relay back to the mayor and the city council that -- the idea of
asking FDOT to take a look at it or to sit down and see if we could
figure out to hire -- hire a firm, that I definitely would like to make
sure that the firm would not be a consultant but an expert
transportation engineer consulting firm, and that the goal is to take a
look at the eight-lane merge proposed by some folks in Grey Oaks to
meet our 2025 year long-range plan of the anticipated traffic at this
intersection.
That's -- and, you know, if it -- if we do that and if it -- the
eight-lane merge comes up to a level that it can meet all that, then I
think, as at least as one commissioner, that we ought to consider that,
but we also need to consider other factors in that decision is -- you
know, how does this compare to costs of what we already gave
direction over since 1991, and that would be the overpass.
We need to consider the cost factor in that, too. So I'm throwing
it out there. Again, I look forward to working with the City of Naples,
the mayor. I just find a new level of compromise in working together.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: Yeah. I talked with Commissioner
-- or Mayor Barnett afterwards, much later. He called me about this
process.
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April 27, 2004
And as you know, I've been representing my constituents in
opposition to this overpass. But I have some real concerns about this
process.
The desire to try to find some common solution is good, but
we've been trying to do that now for a year or so, and I don't think
we've reached any conclusions whatsoever.
But the proposal that was made to me was that we have Mr.
Feder and Mr. Archibald from the city, the traffic engineer from the
city, and Mr. McKenna sitting on a committee -- Mr. McKenna from
Grey Oaks -- sitting on a committee, who would then select an
engineer or some other person who was qualified and unanimously
agree on that person in order for that person to be selected, and then
that person would make a recommendation about alternatives for the
overpass.
And my concern about that is that in order to go through a
process of mediation like that, you have to have some expectation that
the people who have the decision-making responsibility will accept
the recommendation.
So the question immediately arises, if this impartial person were
to reach a conclusion that the overpass was, in fact, needed, would the
city waive their right to oppose the overpass and would the residents
of Grey Oaks waive their right to object to the overpass? And I would
suggest to you that that won't happen.
Now, let's turn it around. Let's suppose this impartial person
were to suggest that the overpass is not necessary, that there is an
alternative. How many commissioners on this board would change
their mind? I don't think anybody.
So in order to make some kind of arbitration process work,
you've got to have an agreement up front that both parties will abide
by the decision of that arbitrator, and I don't think we're prepared to do
that.
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April 27, 2004
Furthermore, it sets a very, very unusual precedent with respect
to any other such proj ects that we as commissioners might wish to
proceed with.
Now, to get down to the final bottom-line issue, there is
absolutely no way that I can see that this process is going to be kept
out of the courts for one reason and one reason only; the people who
are opposed to this overpass are going to feel they are not well served
by their elected leaders unless their elected leaders, in this case the
city council -- unless their elected leaders pursue every avenue of
resistance, and I believe they have a right to expect that their elected
leaders would do that.
So I think that no matter what we do with respect to trying to find
a way to mediate this issue, it is going to be decided in court
ultimately. And if that is not the case and if the board feels that there
is an opportunity of mediation, then what I would suggest is that we
first try to get a commitment from the City of Naples that if the
mediation turns out in the county's favor, that the city would waive its
right to pursue legal action, and I would also ask this board to make
the same commitment, if the decision of this impartial group was
against the recommendations of the county staff, that we would, in
fact, accept that and not challenge it.
Now, I sincerely doubt that I've got, you know, three
commissioners here who buy that, and I'm not sure I would either, and
you know that I propose the overpass, but this is a principle of
responsibility .
And I think we've got to stand up and make the decisions we
think are best. And if we don't think that they're the right decisions
and we have a right to pursue legal action, then we have an obligation
to do that.
And I think that, for that reason, I would -- I would suggest if
we're going to do it, let's get the written commitments up front that
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April 27, 2004
both parties would be willing to accept the recommendation of the
arbitrators.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Well, you know, first of all if --
I don't -- we haven't heard a viable alternative to meet the long-range
plan for this intersection. And if the -- if I'm going to spend money or
the taxpayers' money and if the city's going to spend tax -- the city's
taxpayers' money, that the alternative merge, eight-lane merge will
work, that is something that we need to consider.
And then -- but we're not going to get a cost factor in that. That's
the problem. We won't get a -- what it is going to cost, from that
establishing a design for it, which it never has been designed. We can
get a cost estimate. But that has to be part of the consideration also,
Commissioner.
The -- again, I just see that this is a way to resolve it, and I just
can't see -- if somebody came -- the consultant came up with
recommendations that the eight-lane merge is not going to work, then
I think the city's going to -- at least the mayor, is going to accept that.
Now, if it -- on the other side, if the eight-lane merge is
something to consider, I think that we should consider it, if that's what
-- the recommendations of the consultant.
COMMISSIONER COYLE: So you're willing to say that a
consultant chosen by a committee of some kind -- if they made a
decision that's contrary to the evaluation that has been performed by
four other consultants and the county's staff over the past year and a
half or two years, then we would accept that independent contractor's
-- or consultant's recommendation over all those that we have already
received? Is that where we're going with this?
COMMISSIONER HENNING: I think that we should consider
it but--
,
COMMISSIONER COYLE: No.
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April 27, 2004
COMMISSIONER HENNING: -- I'm still saying that it's
something to further explore because, again, that consultant is not
going to have a cost estimate from that, from --
COMMISSIONER COLETTA: I'm sorry to interrupt here, but
I'll tell you, my light's been on while you two are carrying on a
conversation. At some point in time this other end of the dais would
like to have -- express their opinion.
CHAIRMAN FIALA: Go ahead.
COMMISSIONER COLETTA: Oh, thank you very much,
Madam Chair. I appreciate the opportunity.
CHAIRMAN FIALA: I'm sorry I didn't call on you, but I knew
COMMISSIONER COLETTA: I know, I know.
CHAIRMAN FIALA: -- that they were carrying on a dialogue.
COMMISSIONER COLETTA: It's a wonderful dialogue that's
goIng on.
CHAIRMAN FIALA: I wasn't trying to overlook you purposely.
COMMISSIONER HALAS: I'm next.
COMMISSIONER COLETTA: No, I know you weren't, and I
appreciate it. You're a wonderful chairperson, and thank you for
being here.
There's got to be a point in time where we put politics aside and
let common sense reign. We've had five consultants, including the
consultant from the City of Naples, all finding for the same thing, that
an overpass is needed.
We spent a half million dollars of the taxpayers' money to
reprove every other consultant was wrong, right, or whatever. We
questioned the integrity of our staff who is sitting there just trying to
absorb the data that's coming in and offer a non-biased opinion, and
now we're going back around the horn one more time talking about the
possibilities of another consultant.
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April 27, 2004
Really, gentlemen -- and ladies and gentlemen, that's enough.
You know, we've done enough. We spent enough of the taxpayers'
money. We have a commitment to go forward. If we don't have a
commitment, let's get this over with right now and go back to our
constituents and tell them it's not going to happen, that we don't have
the will this commission does to do it. We're only going to prolong
this thing until the end of the world.
Now, I'll tell you what, there's more than just the City of Naples.
What about the people that live in Golden Gate City? What about the
people that live in Golden Gate Estates? Every one of these people
should be able to figure into this if we're going to talk going back and
bringing together a group to talk about it again.
This county has elected five commissioners to represent them up
here. Either we're capable of doing it or we're not.
Now, I say let -- the process has been served, we've done
everything we possibly can. And I'll tell you something, I think the
people out there are getting sick of this.
Let's go forward with it, or if you're going to change your mind,
you don't want to do it, stand up in front of your constituents and tell
them you're not going to do it for whatever reason. Don't tell me my
staff or our staff hasn't done their due diligence. Don't tell me five
consultants were paid off or came to a conclusion in some illegal
fashion. None of that took place. Everything has been totally above
board. I said enough.
Commissioner Halas, you go ahead.
COMMISSIONER HALAS: Yes. It's amazing that Kimberly
Horne (phonetic) was hired by the city, and obviously the city didn't
like what the results were, and so they fired them.
And here we're going on for five, six years, and the last 18
months, how many workshops have we had with the city -- I think
there's been two of them -- where we thought that we had everybody
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April 27, 2004
getting involved in this thing, and then we had about seven studies that
were done totally from five different consultants.
I think the -- I think we've just about beat this horse to death, and
I think what we need to do is move on, just as Commissioner Coletta
said.
And I think that these engineering firms are of such nature and
such stature that they're not going to put their reputation on the line
and give us bogus information. I've looked at all the information, and
I feel that it's time to move on and let's get going.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: Yeah, just one final comment, and
I tend to agree with you on all those things.
I believe that any attempt to establish some arbitration group
would be dependent upon us waiving our responsibility to make a
decision, and it would be dependent upon the city council waiving its
right to sue.
I do not believe the city council should do that. I believe they
should retain their right to sue, because I think that's ultimately where
this will all be determined in court, and consequently, I will continue
to oppose the overpass on behalf of my constituents. And I think that
any attempt to develop this kind of arbitration concept is a waste of
time.
COMMISSIONER HALAS: Yep.
COMMISSIONER COYLE: And let's get to the bottom line and
let's get the issues resolved.
CHAIRMAN FIALA: Commissioner Henning, did you have any
other comments, as far as commissioner comments go, before the end
of the meeting?
COMMISSIONER HENNING: Well, I think this was a healthy
discussion, but I can tell you that I don't think it's going to go to court.
I think --
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April 27, 2004
COMMISSIONER HALAS: Yes, it is.
COMMISSIONER HENNING -- the city council doesn't have a
basis for any objection to our objection to their Growth Management
Plan, because their Growth Management Plan doesn't apply to this
particular improvement. I just thought it would be trying to achieve a
new working relationship with the elected officials from the City of
Naples. I won't bring it up again.
CHAIRMAN FIALA: Okay. Commissioner Coyle?
COMMISSIONER COYLE: No, I'm finished. That's all I've got
say.
CHAIRMAN FIALA: Oh, you don't have any other comments?
COMMISSIONER COYLE: No.
CHAIRMAN FIALA: Okay. All right.
Item # 15E
STAFF TO PROVIDE A REPORT REGARDING SIGNS THAT
I'll wind it up then. A few things.
Number one, I wanted to talk to you today about signs, and I
wanted to create an ordinance, depending on what you commissioners
feel, as far as an ordinance against signs advocating violence. And I
was wondering if that would be something that you would consider
having staff put together for your consideration.
COMMISSIONER COLETTA: Give me an example,
Commissioner Fiala, of what's out there now.
MR. MUDD: Yes, ma'am -- yes, sir. Let me help you,
Commissioner, just for a second.
CHAIRMAN FIALA: Thank you.
MR. MUDD: And this happened just before the President's visit,
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April 27, 2004
and there was a certain establishment in Collier County that had a sign
on its door that said, machine guns, silencer, and grenade launchers for
sale.
You know, not only -- not only is that disappointing from a
public relations standpoint with the President visiting Naples and
supposedly an upscale community in United States, and that's the
reason for the visit, but that sheds some pretty nefarious setting as far
as people along certain stretches of this community that we would like
to get gussied up, that we would like to be more upscale so that -- so
that people can, you know, can think of us besides going down there
and saying whatever, and so it was a little disturbing.
And we basically went to code enforcement. Well, we also went
to the sheriff to look out. We gave him a heads-up just in case
something off color happened during the presidential visit around that
establishment. Because of our interest, the county staff was called
Nazis and other things like that.
What I will tell you is, right now that sign on that door is
permissible under your sign ordinance, and I think that's a perfect
example of what Commissioner Fiala -- where she's going with this
particular item.
CHAIRMAN FIALA: Yes, sir. Commissioner Coletta,
Commissioner Halas.
COMMISSIONER COLETTA: Let Commissioner Halas go
first.
CHAIRMAN FIALA: Go ahead.
COMMISSIONER HALAS: Was this a gunshop or was this a
private residence, or just what was this that --
MR. MUDD: A pawnshop, sir.
COMMISSIONER HALAS: Pawnshop?
MR. MUDD: Yes, sir.
COMMISSIONER HALAS: Unbelievable.
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April 27, 2004
COMMISSIONER COLETTA: I'm all for it if we don't take
away that First Amendment right of freedom of speech. I'm not too
sure where we stand on that. How about -- Mr. Weigel?
MR. WEIGEL: Thank you. Local government, any government,
obviously has to work within the context of the First Amendment right
of free speech, and -- but there are, to some degree, some commercial
restraints that can be implemented.
And we've worked with those in the past with our sign and other
related ordinances where, particularly in the commercial area, there
can be time and space limitations that may be -- that may be
effectuated.
I'd suggest if the board gives the staff any directive at all, that
obviously it will have to have the legal component to come back to
you and report what the options or alternatives are, how much leeway
there really is in this category. I really can't tell you at this point. It'd
have to be looked at very closely.
CHAIRMAN FIALA: Commissioner Coyle, then Commissioner
Halas.
COMMISSIONER COYLE: Yeah, just an observation. You
know, it is legal to sell those things. And as long as you have the
appropriate license to do that, people can purchase all sorts of
weapons of that type, and there are very strict limits on who can get
licenses to do that.
So if the gentleman is -- has the appropriate license and he's
operating within the law, I think it's going to be very difficult to tell
him he can't put a sign there that says he can't sell those things.
So I think we have to be careful about the licensing processes,
but he must keep certain records, and those records are subj ect to
audit. And, you know, it might be interesting to see if those records
are, in fact, maintained. But otherwise, I think we've got to be very
careful about how we go about limiting businesses' rights to advertise
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April 27, 2004
what they can legally sell.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: Yeah. I think maybe the only thing
we could maybe have jurisdiction over -- and, again, it would
probably end up in the court of law -- and that is a sign of good taste.
When you start saying Nazis and things of this nature, I would think
that there might be something in that that we could maybe look at.
I feel that when you make any ethnic slurs or get into any --
anything to do with racial or anything else, I think that might fall in
the guidelines of what was passed here a year ago, and that is
discrimination. And if it borders on that, then I think you might have
something to deal with there.
CHAIRMAN FIALA: So would you consider an ordinance or
not?
COMMISSIONER HALAS: I think it's got to be investigated.
COMMISSIONER COYLE: I think we should investigate it,
yeah.
CHAIRMAN FIALA: Okay. So -- and that would be all right
with you to --
COMMISSIONER COLETTA: To get the facts.
CHAIRMAN FIALA: -- have our county attorney investigate
that?
COMMISSIONER HALAS: Sure.
CHAIRMAN FIALA: Okay. And our county manager.
Okay, well, thank you. Health, safety, and welfare are so
important to all five of us and to our county government in general.
That's what we're here for. Thank you.
Item #15F
COMMISSIONER FIALA'S ISLAND MEETING TO BE HELD
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April 27, 2004
Second thing I have to say is for any of our audience members
who are dying to go to another town hall meeting, we have an islands
town hall meeting tomorrow even for -- actually it's going to be
focusing on issues from Marco Island, Isles of Capri, and for
Goodland, but anybody else who'd like to come and sit in, we'd would
just love them. We're going to have a number of county staff there to
meet with people and to discuss the issues that are concerning the
islands.
It's tomorrow, Wednesday, the 28th of April, seven to nine p.m.
at MackIe Park. All are invited. We want to show them how it's done
out there on the islands.
And the last thing I wanted to say was happy birthday,
Commissioner Henning, one more time.
COMMISSIONER HENNING: Oh, thank you.
CHAIRMAN FIALA: And happy birthday, Norm.
COMMISSIONER HENNING: I'm still thousands of months
younger than Commissioner Coyle.
COMMISSIONER COYLE: And you.
CHAIRMAN FIALA: All of us. Actually, I believe that as we're
sitting in this room, I think you're younger than everybody, other than
our court reporter, anybody sitting on this side of the chairs anyway.
COMMISSIONER COYLE: Oh, Sue is much younger.
COMMISSIONER HENNING: Much younger.
CHAIRMAN FIALA: It's wonderful to be so young.
COMMISSIONER HENNING: Have a baby. It will keep you
young, Commissioner.
CHAIRMAN FIALA: Oh, yes. And with that --
COMMISSIONER COYLE: Do you want a time report?
CHAIRMAN FIALA: Oh, I guess -- I guess we do. Look at the
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April 27, 2004
glint in his eye.
COMMISSIONER COYLE: Well, Commissioner Coletta got
the prize again this time.
COMMISSIONER COLETTA: All right.
COMMISSIONER COYLE: He spoke almost twice as long as
either Commissioner Halas or I.
CHAIRMAN FIALA: Well, I think you were only quiet because
you were doing the timing so now you see how much talking you do.
COMMISSIONER COLETTA: We want you to do this every
meeting.
*****Commissioner Henning moved, seconded by Commissioner
Halas and carried unanimously, that the following items under the
Consent and Summary Agendas be approved and! or adopted: * * * * *
Item #16A1
RESOLUTION 2004-115 AUTHORIZING FINAL APPROVAL OF
THE ROADWAY (PUBLIC), DRAINAGE, WATER AND SEWER
IMPROVEMENTS FOR THE FINAL PLAT OF "TIMBER RIDGE,
UNIT TWO" THE DRAINAGE IMPROVEMENTS WILL BE
PRIV A TEL Y MAINTAINED, THE WATER AND SEWER
IMPROVEMENTS WILL BE MAINTAINED BY IMMOKALEE
WATER AND SEWER DISTRICT, THE ROADWAY
IMPROVEMENTS WILL BE MAINTAINED BY COLLIER
Item #16A2
RECORDING THE FINAL PLAT OF "FIDDLER'S CREEK
P ARKW A Y EXTENSION, PHASE 3", AND APPROVAL OF THE
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April 27, 2004
ST ANDARD FORM CONSTRUCTION AND MAINTENANCE
AGREEMENT AND APPROVAL OF THE AMOUNT OF THE
Item #16A3
SATISFACTION OF LIENS FOR RESOLUTION NO. 2002-395,
(ALIDA VICTOR HALL); 2003-435, (CLETUS MILBERT);
2003-442 (CNC INVESTMENTS LLC); AND 2003-440 (LORA
BIlLERAllil)
Item #16A4
RESOLUTIONS 2004-116 THROUGH 2004-122 PROVIDING
FOR THE ASSESSMENT OF LIENS FOR THE COST OF THE
ABATEMENT OF PUBLIC NUISANCES REGARDING CODE
ENFORCEMENT CASE NUMBERS: 2003051145/ H S
PARTNERSHIP, 2003110551/STONESTREET, WILLIAM M.,
2003091073/WILKINSON-MEFFERT CONST. CO. INC.,
2003090701/ WILKINSON-MEFFERT CONST. CO. INC.,
2003091072/WILKINSON-MEFFERT CONST. CO. INC.,
2003091071/ WILKINSON-MEFFERT CONST. CO. INC., AND
Item #16A5
RESOLUTIONS 2004-123 THROUGH 2004-131 PROVIDING
FOR THE ASSESSMENT OF LIENS FOR THE COST OF THE
ABATEMENT OF PUBLIC NUISANCES REGARDING CODE
ENFORCEMENT CASE NUMBERS: 2003100068/ A VILA,
FILOMENO & MARIA J., 20031 00358/BA TON ROUGE,LLC,
Page 142
---
April 27, 2004
2003100882/BRA Y, STEVEN F., 2003110796/CONDORI,
FRANKLIN & HA YDEE, 2003110797 /CONDORI, FRANKLIN &
HA YDEE, 200311 0798/CONDORI, FRANKLIN & HA YDEE,
2003100199/HAMILTON BAY DEV., LLC,
2003100811/PERSECO CORP., AND 2003110488/BARON,
MIMON
Item # 16A6
RESOLUTIONS 2004-132 THROUGH 2004-142 PROVIDING
FOR THE ASSESSMENT OF LIENS FOR THE COST OF THE
ABATEMENT OF PUBLIC NUISANCES REGARDING CODE
ENFORCEMENT CASE NUMBERS: 2003120857/DELAROSA,
SANDY L., 2003120487/EICHAKER, WILLIAM H. & AYAKO,
2003091183/MOBIL OIL CORP. 2003081551/ HORSE CREEK
PARTNERS, LTD.,ALAN SCHIFFMAN -(REG. AGENT),
2003081505/ HORSE CREEK PARTNERS, LTD.,ALAN
SCHIFFMAN -(REG. AGENT), 2003081552/ HORSE CREEK
PARTNERS, LTD.,ALAN SCHIFFMAN -(REG. AGENT),
2003081546/ HORSE CREEK PARTNERS, L TD.,ALAN
SCHIFFMAN -(REG. AGENT), 2003081540/ HORSE CREEK
PARTNERS, LTD.,ALAN SCHIFFMAN -(REG. AGENT),
2003081538/ HORSE CREEK PARTNERS, LTD.,ALAN
SCHIFFMAN -(REG. AGENT), 2003081554/ HORSE CREEK
PARTNERS, LTD.,ALAN SCHIFFMAN -(REG. AGENT),
2003081544/ HORSE CREEK PARTNERS, LTD.,ALAN
Item #16A7
SATISFACTION OF LIENS FOR CODE ENFORCEMENT
Page 143
April 27, 2004
BOARD CASE NO. 2003-050, 2003-049, 2003-007, 2003-025,
Item # 16A8
RECORDING THE FINAL PLAT OF "MISSION HILLS
SHOPPING CENTER", AND APPROVAL OF THE STANDARD
FORM CONSTRUCTION AND MAINTENANCE AGREEMENT
AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECllRIT Y
Item #16A9
ACCEPTANCE OF $1,500.00 AS SATISFACTION FOR A
SECOND MORTGAGE GIVEN TO THE COUNTY BY
BAUDILLO DELEON AND LUCILA FUNEZ AND EXECUTE A
Item #16A10
RESOLUTIONS 2004-143 THROUGH 2004-152 PROVIDING
FOR THE ASSESSMENT OF LIENS FOR THE COST OF THE
ABATEMENT OF PUBLIC NUISANCES REGARDING CODE
ENFORCEMENT CASE NUMBERS: 200311 0863/BENJAMSON,
MARTIN I. & LILLIAN E., 2003100815/DION, CHERYL L.,
2003081437/ENDRES, JOHN D., 2003110659/GLOVER, LIZZIE
H., 2003101236/ GLOVER, LIZZIE H., 2004010316/GOMEZ,
JESUS, 2003090838/CHARLIE MAE GRAY EST., WILLIE 1.
UNDERWOOD EST., 2003120081/LA RUE, CLAUDE E.,
200310 1195/MELENDEZ, MIRANDA, 20031 00052/SPRINGS,
MAIIH.R W.T & Ull.J, A A
Page 144
April 27, 2004
Item #16A11
RESOLUTION 2004-153 RE FINAL APPROVAL OF THE
ROADWAY (PUBLIC), DRAINAGE, WATER AND SEWER
IMPROVEMENTS FOR THE FINAL PLAT OF "HABITAT
VILLAGE" AND RELEASE OF MAINTENANCE SECURITY.
THE ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE
PRIVATELY MAINTAINED, THE WATER AND SEWER
IMPROVEMENTS WILL BE MAINTAINED BY COLLIER
COllNT Y
Item #16A12
RESOLUTION 2004-154 RE FINAL APPROVAL OF THE
ROADWAY (PRIVATE), DRAINAGE, WATER AND SEWER
IMPROVEMENTS FOR THE FINAL PLAT OF "CALUMET
RESERVE" AND RELEASE OF MAINTENANCE SECURITY.
THE ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE
PRIV ATEL Y MAINTAINED, THE WATER AND SEWER
IMPROVEMENTS WILL BE MAINTAINED BY COLLIER
COllNT Y
Item #16A13 - Moved to Item #1 OC
Item #16A14
AUTHORIZE ENGINEERING REVIEW STAFF AND THE
COUNTY ATTORNEY'S OFFICE TO AMEND ORDINANCE
2002-01, THE COLLIER COUNTY ADMINISTRATIVE
CONSTRUCTION CODE (ACC), WHICH AMENDS CHAPTER 1
Page 145
April 27, 2004
OF THE FLORIDA BUILDING CODE (FBC),
ADMINISTRATION, CODIFIED AS CHAPTER 22 OF THE
COLLIER COUNTY LAWS AND ORDINANCES, AS IT
PERTAINS TO FILL MATERIALS AND FINISHED FLOOR
ELF V A Tl(Th¡ S
Item #16A15
BUDGET AMENDMENT TRANSFERING $250,000 FROM
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL
SERVICES FUND 113 BUILDING PERMIT RESERVES TO
CAPITAL FOR THE REFURBISHMENT OF THE EXISTING
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL
Item #16A16
BUDGET AMENDMENT OF $27,485.00 FROM THE
IMMOKALEE CRA FUND TO REIMBURSE THE COMMUNITY
REDEVELOPMENT DEPARTMENT FOR UTILITY AND ROAD
PROJECTS IN THE IMMOKALEE REDEVELOPMENT
lliS.I.RICT
Item #16A17
RESOLUTION 2004-155 APPROVING THE LOCAL HOUSING
ASSISTANCE PLAN (HAP) FOR FISCAL YEARS 20042005,
2005-2006, AND 2006-2007 AS REQUIRED BY THE STATE
HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM
AND THE INTERLOCAL AGREEMENT WITH THE CITY OF
NAELF S
Page 146
April 27, 2004
Item #16B1
ACCEPT THE CONVEYANCE OF A QUIT CLAIM DEED FOR
TRACT "A" OF TARPON BAY BOULEVARD, WHICH IS
REQUIRED FOR THE PURPOSE OF MAINTAINING TARPON
Item #16B2
CHAIRMAN AUTHORIZED TO SIGN AN EASEMENT USE
AGREEMENT ALLOWING HOMEOWNERS (H. ALBERT &
MARIA C. FORERO) TO CONTINUE USING A PERMITTED
CABANA WHICH WAS CONSTRUCTED WITHIN A PUBLIC
UTILITY & DRAINAGE EASEMENT HELD BY COLLIER
COI.lNT Y
Item #16B3 - Moved to Item #10D
Item #16B4
APPROVAL OF INSTALLATION OF A TRAFFIC SIGNAL AT
THE INTERSECTION OF COLLIER BOULEVARD AND
BUSINESS CIRCLE DRIVE SOUTH COST TO BE BORNE BY
W AL-MART MARKET CENTER PUD AND ANNUAL
MAINTENANCE COST OF APPROXIMATELY $3,500 TO BE
Item #16B5
ADOPT -A-ROAD PROGRAM AGREEMENTS WITH THE
Page 147
April 27, 2004
BOARD OF COUNTY COMMISSIONERS AND "YOUR CHILD
CARE" FOR A SEGMENT OF AIRPORT -PULLING ROAD
FROM U.S. 41 TO RADIO ROAD; "FIRST ASSEMBLY OF GOD"
FOR A SEGMENT OF C.R. 951 FROM RA TTLESNAKE-
HAMMOCK ROAD TWO MILES NORTH; "HARRIS ON-
BARRY" FOR A SEGMENT OF ROADWAY KNOWN AS
WEBER BOULEVARD SOUTH; AND "SCOTT GUNDECK",
GENERAL CONTRACTOR FOR A SEGMENT OF DESOTO
TH TH
Item # 16B6
LANDSCAPE INSTALLATION AND MAINTENANCE
AGREEMENT BETWEEN BRYNWOOD PRESERVE
RESIDENTS ASSOCIATION AND COLLIER COUNTY FOR
LANDSCAPING WITHIN THE RIGHT-OF-WAY ON
LIYINGSIONROAD
Item #16B7
BUDGET AMENDMENT IN THE AMOUNT OF $1,654,309 FOR
THE FINAL JUDGMENT FOR PARCEL 110, COLLIER COUNTY
VS. NORTHSIDE CONSTRUCTION COMPANY FOR PINE
Item #16B8
CONTRACT # 03-3505 - "CONSULTANT SERVICES FOR
DEVELOPING A ROADWAY ASSET INVENTORY
DATABASE" - PROFESSIONAL SERVICES AGREEMENT
AWARDED TO SPACE IMAGING, LLC IN THE ESTIMATED
Page 148
April 27, 2004
Item #16C1
APPROVE AMENDMENT 1 TO CONTRACT 03-3517 WITH
GREELEY AND HANSEN LLC FOR "PROFESSIONAL
ENGINEERING SERVICES FOR WATER MAIN PROJECTS" IN
Item # 16C2
RESOLUTION 2004-156 AUTHORIZING A DECLARATION OF
EASEMENT FOR A DEEP INJECTION WELL AND
MONITORING WELL FACILITIES AT THE NORTH COUNTY
Item #16C3
CONVEYANCE OF A UTILITY EASEMENT FROM COLLIER
COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF
FLORIDA TO THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER COUNTY W A TER-
SEWER DISTRICT TO REFLECT THE AS-BUILT LOCATION
OF A RAW WATER LINE CONSTRUCTED AS PART OF THE
SOUTH COUNTY REGIONAL WATER TREATMENT PLANT
Item #16C4
ACCEPTANCE OF A UTILITY & ACCESS EASEMENT FROM
Page 149
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-------
--
April 27, 2004
THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY FOR
TWO WATER WELLS, PIPELINE AND ACCESS EASEMENTS
ON SCHOOL PROPERTY LOCATED ON THE NORTH SIDE OF
THE EXTENSION OF V ANDERBIL T BEACH ROAD IN ORDER
TO MAINTAIN THE RELIABILITY OF THE EXISTING NORTH
Item # 16C5
RESOLUTION 2004-157 AUTHORIZING THE DECLARATION
0 F EASEMENT FORA WATER WELL, PIPELINE AND
ACCESS WITHIN PROPERTY ACQUIRED FOR A FUTURE
PARK IN ORDER TO MAINTAIN THE RELIABILITY OF THE
Item # 16C6
CONVEYANCE OF AN EASEMENT TO FLORIDA POWER &
LIGHT COMPANY FOR ELECTRIC UTILITY FACILITIES TO
SERVICE A PROPOSED POTABLE WATER WELL LOCATED
ON A 128.9 ACRE PARK SITE ON THE NORTH SIDE OF THE
Item # 16C7
WORK ORDER # SC-02- 74 WITH SURETY CONSTRUCTION
COMPANY IN THE AMOUNT OF $125,840.00 TO PERFORM
SELECTIVE DEMOLITION FOR THE PUBLIC UTILITIES
Item #16C8
Page 150
----
April 27, 2004
BUDGET AMENDMENTS TO RECORD REVENUES AND
RELATED EXPENDITURES FOR PAYMENT RECEIVED FROM
PROPERTY OWNERS OF THE PRICE STREET - BAREFOOT
WILLIAMS ROAD WATER MUNICIPAL SERVICES BENEFIT
Item #16C9
APPROVAL OF AFTER-THE-FACT SUBMITTAL OF THE
AL TERNA TIVE WATER SUPPLY GRANT APPLICATION TO
THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT
(SFWMD) FOR THE FOUR NEW POTABLE WATER ASR
Item #16C10
APPROVAL OF THE AFTER- THE-FACT SUBMITTAL OF THE
AL TERNA TIVE WATER SUPPLY GRANT APPLICATION TO
THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT
(SFWMD) FOR THE CARICA ROAD POTABLE WATER ASR
Item #16C11
APPROVAL OF THE AFTER- THE-FACT SUBMITTAL OF THE
ALTERNATIVE WATER SUPPLY GRANT APPLICATION TO
THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT
Item #16C12
Page 151
---
April 27, 2004
APPROVAL OF THE AFTER-THE-FACT SUBMITTAL OF THE
AL TERNA TIVE WATER SUPPLY GRANT APPLICATION TO
THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT
(SFWMD) FOR THE GOODLETTE FRANK ROAD FORCE
Item #16C13
APPROVAL OF THE AFTER-THE-FACT SUBMITTAL OF THE
AL TERNA TIVE WATER SUPPLY GRANT APPLICATION TO
THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT
(SFWMD) FOR THE 20" RECLAIMED WATER MAIN AT
Item #16D1
APPROVAL OF A MEDICAL DIRECTOR CONSULTING
CONTRACT BETWEEN COLLIER COUNTY AND NAPLES
COMMUNITY HOSPITAL. (COMPANION ITEM RELATING TO
Item # 16D2
BUDGET AMENDMENT APPROPRIATING $29,532.05 FROM
GENERAL FUND RESERVES FOR REIMBURSEMENT TO THE
STATE OF FLORIDA FOR OVERPAYMENT ON A FEMA
Item #16D3
Page 152
-'--___m"
April 27, 2004
APPROVAL OF AN AUTHORIZED PROVIDER AGREEMENT
WITH THE AMERICAN RED CROSS TO ENSURE THE
SAFETY OF PROGRAM PARTICIPANTS AND THE GENERAL
PUBLIC BY PROVIDING AMERICAN RED CROSS TRAINING
TO EMPLOYEES AND CLIENTS OF COLLIER COUNTY
Item #16D4
APPROVAL TO APPLY FOR A FLORIDA COMMUNITIES
TRUST FLORIDA FOREVER GRANT IN AN AMOUNT NO
LESS THAN $1,260,000 FOR THE PURCHASE OF THE MAR-
Item #16D5
APPROVAL OF A SOUTH FLORIDA WATER MANAGEMENT
DISTRICT GRANT AGREEMENT FOR $26,300 FOR A
CENTRAL IRRIGATION CONTROL SYSTEM IN THE SOUTH
Item # 16D6
RESOLUTION 2004-158 AND DECLARATION OF
EMERGENCY 2004-01 DECLARING A STATE OF
EMERGENCY AND EXPANDING THE EXISTING
BOUNDARIES TO BE COUNTY WIDE PER COUNTY
ORDINANCE 2004-11 REGARDING INOCULATION AND
REMOVAL OF PALM TREES TO SUPPRESS LETHAL
YELLOWJ:NG.nISR A S R
Page 153
.---.--
April 27, 2004
Item #16D7
BCC TO PROVIDE A LETTER OF SUPPORT TO ANNE T.
SIMON, EXECUTIVE DIRECTOR OF YOUTH HAVEN, INC. IN
SUPPORT OF YOUTH HAVEN'S NOMINATION OF THE
NAPLES EDUCATION AND CHILDREN'S FOUNDATION AS
Item #16E1
AGREEMENT PROVIDING THE GOLDEN GATE FIRE
CONTROL & RESCUE DISTRICT $88,227 FROM THE GAC
LAND TRUST FUND FOR THE PURCHASE OF A FIRE SAFETY
Item # 16E2
AUTHORIZING CONVEYANCE OF AN EASEMENT TO LEE
COUNTY ELECTRIC COOPERATIVE, INC. FOR ELECTRIC
UTILITY FACILITIES TO SERVICE THE IMMOKALEE
Item #16E3
BID NO. 04-3606 FOR ON-CALL ROOFING REPAIRS AND
INSPECTION SERVICES - AWARDED TO ADVANCED
ROOFING, INC. AS PRIMARY VENDOR, CROWTHER
ROOFING & SHEET METAL, INC. AS SECONDARY VENDOR,
AND SUTTER ROOFING CO. OF SW FLORIDA AS TERTIARY
YENnOR
Page 154
April 27, 2004
Item #16E4 - Moved to Item #10E
Item # 16E5
BID NO. 04-3610R FOR VENDING MACHINE SERVICES -
Item #16E6
APPROVAL OF ADDITIONS TO, DELETIONS FROM AND
MODIFICATIONS OF CERTAIN CLASSIFICATIONS IN THE
2004 FISCAL YEAR PAY AND CLASSIFICATION PLAN MADE
Item #16E7
RESOLUTION 2004-159 APPROVING A VALID PUBLIC
PURPOSE FOR COUNTY FUNDS INCURRED IN A
DEPARTMENTAL EMPLOYEE OF THE MONTH
RECOGNITION PROGRAM, AS ESTABLISHED IN
0R.IllNANCR R 7 - 5
Item #16E8
APPROVAL AND RA TIFICA TION OF THE SETTLEMENT IN
PROFESSIONAL FIREFIGHTERS OF THE EVERGLADES, IAFF,
LOCAL 3670 V. COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS, CASE NO. CA-2003-040, STATE OF
Item #16F1
Page 155
April 27, 2004
RECOGNIZE AND APPROPRIATE $22,497 OF REVENUE
FROM A LEASE AGREEMENT FOR A COMMUNICATIONS
Item #16F2
TOURIST DEVELOPMENT CATEGORY "A" GRANT
APPLICA TION SUBMITTED BY PARKS AND RECREATION
FOR BEACH CLEANING AND MAINTENANCE FOR FISCAL
Item #16F3
BUDGET AMENDMENT REPORT - BA #04-218 IN THE
AMOl.INI..OE... ~ , 6 R R
Item #16H1
COMMISSIONER HENNING TO ATTEND A FUNCTION
SERVING A VALID PUBLIC PURPOSE FOR THE GREATER
NAPLES, MARCO ISLAND, EVERGLADES CONVENTION &
VISITORS BUREAU'S 2004 COLLIER COUNTY TOURISM
AWARDS LUNCHEON TO BE HELD ON MAY 7,2004, AT
NOON AT THE OLDE MARCO ISLAND INN & SUITES FOR A
=
Item # 16H2
COMMISSIONER COLETTA TO ATTEND A FUNCTION
SERVING A VALID PUBLIC PURPOSE FOR THE GREATER
Page 156
- -------.
April 27, 2004
NAPLES, MARCO ISLAND, EVERGLADES CONVENTION &
VISITORS BUREAU'S 2004 COLLIER COUNTY TOURISM
AWARDS LUNCHEON TO BE HELD ON MAY 7,2004 AT
NOON AT THE OLDE MARCO ISLAND INN & SUITES FOR A
=
Item #16H3
COMMISSIONER COLETTA TO ATTEND A FUNCTION
SERVING A VALID PUBLIC PURPOSE FOR THE FLORIDA
CITRUS MUTUAL'S 2004 AREA MEETING LUNCHEON IN
LABELLE AT THE EXTENSION OFFICE ON APRIL 14, 2004 AT
Item #16H4
COMMISSIONER FIALA TO ATTEND A FUNCTION. -
SERVING A VALID PUBLIC PURPOSE FOR THE GREATER
NAPLES, MARCO ISLAND, EVERGLADES CONVENTION &
VISITORS BUREAU'S 2004 COLLIER COUNTY TOURISM
AWARDS LUNCHEON TO BE HELD ON MAY 7, 2004, AT
NOON AT THE OLDE MARCO ISLAND INN & SUITES FOR A
=
Item # 16H5
COMMISSIONER FIALA TO ATTEND A FUNCTION SERVING
A VALID PUBLIC PURPOSE FOR A LUNCHEON TO HONOR
FORMER MAYOR BONNIE MACKENZIE ON MAY 10, 2004,
AT 11:30 A.M. AT THE NAPLES BEACH CLUB HOTEL IN
AMOllNLOE.$35Ji
Page 157
------- ------- -
April 27, 2004
Item #1611
MISCELLANEOUS CORRESPONDENCE - FILED AND/OR
REEERRED
The following miscellaneous correspondence, as presented by the
Board of County Commissions, has been directed to the various
departments as indicated:
Page 158
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
April 27, 2004
FOR BOARD ACTION:
H:DataIF ormat
A.
Minutes:
2.
3.
4.
5.
6.
7.
8.
9.
1.
Vanderbilt Beach M.S.T.u. Advisory Committee - Agenda for March 18
and April 1, 2004; Minutes of March 4, 2004.
Collier County Citizens Corps Advisory Committee -Agenda for February
18,2004; Minutes of February 18,2004.
Collier County Library Advisory Board - Agenda for March 24, 2004;
Minutes of February 25,2004.
Forest Lakes Roadway and Drainage M.ST.U. - Minutes of March 11,
2004; December 2003 Drainage Master Plan.
Golden Gate Estates Land Trust Committee Meeting - Minutes of
February 2, 2004.
Collier County Citizen Advisory Task Force - Agenda for February 12,
2004; Minutes of February 12,2004.
Collier County Pelican Bay Services - Budget Sub-Committee Meeting
Agenda for March 17,2004; Budget Sub-Committee Minutes for February
17, and 18,2004. Regular Meeting of April 7, 2004; Minutes of March 3,
2004; Clam Bay Sub-Committee Minutes - March 3,2004.
Lely Golf Estates Beautification M.S.T.u. - Agenda for March 18,2004
and April 15; Minutes of February 19,2004 and Minutes of March 18,
2004.
Collier County Planning Commission - Agenda for April 1, 2004; Regular
Minutes of February 19, 2004; Special Meeting Minutes of February 19,
2004.
10.
Productivity Committee Meeting Minutes - Minutes for February 18,
2004.
11.
Coastal Advisory Committee Minutes - Minutes of February 12,2004.
12.
Environmental Advisory Council - Agenda for April 7, 2004; Minutes of
March 3, 2004.
13.
14.
15.
16.
17.
18.
20.
B.
H:Data/Format
Parks and Recreation Advisory Board - Agenda for March 17,2004;
Minutes of February 18,2004.
Historical & Archaeological Preservation Board - Agenda for March 17,
2004; Minutes of February 18, 2004.
Development Services Advisory Sub-Committee - Budget and Operations
Sub-Committee Agenda and Minutes of February 11, 2004 and
September 10,2003.
Collier County Contractor's Licensing Board - Agenda for March 17,
2004.
Radio Road Beautification M.S.T.U. - Agenda for March 16,2004;
Minutes of February 17, 2004.
Immokalee Beautification M.S.T.u. Advisory Committee - Agenda for
March 17,2004; Minutes of February 18,2004.
19.
Lely Community Development Advisory Board - Minutes of January 21,
2004, December 17,2003, and November 19,2003.
Collier County Revenue Commission - Agenda for January 28,2004
February 11, 2004; Minutes of January 28, 2004; February 11, 2004;
Prioritization of the Four Un-financed Priorities Sub-Committee Agenda
and Minutes for January 21,2004, and Minutes of January 28, 2004.
Other:
1) "Friends of the Library Group" Annual Reports for October 1, 2003 through
September 30, 2003.
2) "Friends of the Parks" Groups Annual Reports for the following: Friends of
Barefoot Beach Preserve; Friends of Tigertail; Friends of East Naples
Community Park; Friends of Vineyards Community Park, and Friends of
Veterans Park.
April 27, 2004
Item #16Kl
AGREED ORDER AND PAYMENT OF PLANNING FEES,
APPRAISAL FEES, AND ENVIRONMENTAL FEES IN THE
AMOUNT OF $5976.00 IN THE LAWSUIT STYLED COLLIER
COUNTY V. CAROLE CONSTRUCTION OF NAPLES, INC., ET.
AL., CASE NO. 02-5139-CA (IMMOKALEE ROAD PROJECT
#60018) - PAYMENT TO BE MADE TO THE ROETZEL &
Item #16K2
STIPULATED FINAL JUDGMENT RELATIVE TO THE
ACQUISITION OF PARCEL 116 IN THE LAWSUIT STYLED
COLLIER COUNTY V. CALUSA PINES GOLF CLUB LLC, ET
Item # 16K3
AGREED ORDER AND PAYMENT OF APPRAISAL FEES FOR
$4812.50 IN THE LAWSUIT STYLED COLLIER COUNTY V.
KATHRYN HANKINS, ET. AL., CASE NO. 00-1296-CA
(GOLDEN GATE BOULEVARD PROJECT #63041) - PAYMENT
Item #16K4
AGREED ORDER AND PAYMENT OF PLANNING FEES AND
APPRAISAL FEES FOR $3,387.50 FOR PARCEL 127 IN THE
LAWSUIT STYLED COLLIER COUNTY V. G. HERBST, ET.
AL., CASE NO. 02-5138-CA (IMMOKALEE ROAD PROJECT
Page 159
April 27, 2004
#60018) - PAYMENT TO BE MADE TO THE ROETZEL &
Item # 16K5
MAKING OF FIVE OFFERS OF JUDGMENT RELATIVE TO
THE FEE TAKING OF PARCEL NOS. 808,908,112,114 AND
914 IN THE LAWSUIT STYLED COLLIER COUNTY V. ELIAS
VALENCIA, ET AL., CASE NO. 03-2274-CA (GOLDEN GATE
PARKWAY PROJECT #60027) - WITH STIPULATIONS AND UP
Item # 16K6
AGREED ORDER AND PAYMENT OF PLANNING FEES AND
APPRAISAL FEES FOR $1710.00 FOR PARCEL 128 IN THE
LAWSUIT STYLED COLLIER COUNTY V. G. HERBST, ET.
AL., CASE NO. 02-5138-CA (IMMOKALEE ROAD PROJECT
#60018) - PAYMENT TO BE MADE TO THE ROETZEL &
Item #16K7
MEDIATED SETTLEMENT AGREEMENT AND STIPULATED
FINAL JUDGMENT AS TO PARCEL 167 A IN THE LAWSUIT
STYLED COLLIER COUNTY V. ANDY R. MORGAN, ET AL.,
IMMOKALEE ROAD PROJECT 60018 (TOTAL COST OF
$ 2 7 , 40.8...00)
Item # 16K8
Page 160
.....--.,
.-....-.-......,
April 27, 2004
CHAIRMAN TO EXECUTE A RETENTION AGREEMENT FOR
LEGAL SERVICES ON AN "AS NEEDED" BASIS WITH THE
LAW FIRM OF ALLEN, NORTON & BLUE, P.A., TO MEET
COUNTY PURCHASING POLICY CONTRACT UPDATE
R.EQI1IREMENT S
Item #16K9
BUDGET AMENDMENT TO PAY FOR MINOR
RECONFIGURA TION OF THE OFFICE SPACE ALLOCATED
Item #17A
RESOLUTION 2004-160 REGARDING SE-2004-AR-5345, THE
MARE TEE EARTHMINING CONDITIONAL USE CORRECTING
A SCRIVENER'S ERROR RESULTING FROM THE
UNINTENTIONAL INCLUSION OF AN INCORRECT LEGAL
DESCRIPTION ATTACHED AS EXHIBIT "B" TO THE
ORIGINAL RESOLUTION FOR THE PROPERTY LOCATED AT
THE EASTERN TERMINUS OF MARETEE ROAD IN SECTION
7, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER
~A
Item # 1 7B
ORDINANCE 2004-26 AMENDING ORDINANCE NO. 04-08,
WHICH AMENDED ORDINANCE NO. 91-102, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE,
CORRECTING SCRIVENER'S ERRORS RELATING TO THE
INCORRECT INSERTION OF MAPS PERTAINING TO SECTION
Page 161
April 27, 2004
2.2.2 1/2, RURAL FRINGE MIXED USE DISTRICT AND
SECTION 2.2.30, NATURAL RESOURCE PROTECTION AREA
0 VERLA Y DIS TRI CT; AND CO RRECTIN G S C RIVENE R' S
ERRORS RELATING TO DIVISION 3.15, ADEQUATE PUBLIC
EAClUTIE S
CHAIRMAN FIALA: And with that, fellow commissioners, the
meeting is adjourned.
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 2:22 p.rn.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL D IS TRI CTS UNDER ITS
CONTRO.1/J. / .
~d~
DO NN A FIALA, Chairman
ATTEST:, .
DWIGHi.~~..BROCK, CLERK
.. .
^,
¿:t:~~i ~~ ø t ~
/' - OJ, ,."
. .' .
Àttest as to Ch&~ I
signature OftlJ.
These minutes approved by the Board on
,~øy
, as
Page 162
..........-
--.
April 27, 2004
presented
//
c/
or as corrected
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICES, INC. BY CHERIE NOTTINGHAM AND
TERRI LEWIS.
Page 163