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BCC Minutes 04/04/1995 R REGULAR MEETING OF APRIL 4, 1995, OF THE BOARD OF COUNTY COHMISSIONERS LET IT BE REHEHBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:04 a.m. In REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members ALSO PRESENT: present: CHAIRPERSON: Bettye J. Hatthews Timothy J. Constantine Timothy L. Hancock Pamela S. Hac'Kie William C. Hargett, Assistant County Manager David C. Weigel, Assistant County Attorney CHAIRPERSON MATTHEWS: Call to order the Board of County Commission meeting for April the 4th, 1995. Mr. Hargett, will you lead us in an invocation and pledge? MR. HARGETT: Let us pray. Heavenly Father, we again thank you for another beautiful day in Collier County. We thank you for the opportunity to meet in this open meeting and conduct the business of Collier County. We ask a special blessing on our county commissioners that you guide these deliberations so that their actions may be in the best interest of all Collier County. Also this morning we ask a special blessing on our seasonal residents as this season ends, that you will give them a safe journey back to their homes. Come be with us now and bless these proceedings. In Christ's name we pray. Amen. (The pledge of allegiance was recited in unison.) Item #2 and #2A AGENDA AND CONSENT AGENDA - APPROVED WITH CHANGES CHAIRPERSON MATTHEWS: Hr. Hargett, we have some changes to the agenda. MR. HARGETT: Yes, ma'am. Good morning, Commissioners. There are several changes that we recommend to you. First, there are two items that we'd recommend that you add to your agenda. First is we recommend that you add item 8A(1) which is an emergency ordinance regarding impact fees. Item 8A(2) we'd also recommend that you add, and that's the deferral, involves a deferral of impact fees. There are three items we recommend that you continue. The first is item 6B which is the Comprehensive Annual Financial Report. This is at the request of -- Commissioner Norris recommended that be continued until your 4-18 meeting. CHAIRPERSON MATTHEWS: Could I interrupt there? MR. HARGETT: Yes. CHAIRPERSON MATTHEWS: I met with Kathy Hankins yesterday, and she was asking us today merely to accept the CAFR, that they are planning a workshop sometime during the month of April and which we'll fully discuss it after we've had it for a week or ten days. So I'm going to ask the board that perhaps we don't want to continue that. COHMISSIONER MAC'KIE: It appears that Commissioner Norris just wanted to be sure he wasn't left out of the loop, if I'm correct, and then just by merely accepting it today, leaving it on the agenda for that purpose, he'll be able to be informed later. CHAIRPERSON MATTHEWS: Yes. COHMISSIONER MAC'KIE: It makes sense. COHMISSIONER HANCOCK: I guess I'm just -- Is there any reason why we can't wait a week to accept it for the simple reason that Commissioner Norris isn't here to explain why? CHAIRPERSON MATTHEWS: He won't be here next week either so -- COHMISSIONER HANCOCK: I don't know why. Well, okay. Never mind then. CHAIRPERSON MATTHEWS: So shall we not continue that? Is that the consensus of the board? COHMISSIONER HANCOCK: Provided that it -- COHMISSIONER CONSTANTINE: This is going to take us all of 60 seconds to do so -- COHMISSIONER HAC'KIE: Right. COHMISSIONER HANCOCK: Yeah. CHAIRPERSON MATTHEWS: Yeah. COHMISSIONER CONSTANTINE: -- so let's not spend more than that talking about it now. CHAIRPERSON MATTHEWS: Want to continue? MR. HARGETT: Would also recommend that you continue item 10C which are the proposals for the audit of the county's financial statements, again, at the request of Commissioner Norris, that that be continued until the 4 -- April 18 meeting as well. And, finally, 16A(2), it's recommended that you continue that until your April 11 meeting, and that's the acceptance of the water and sewer facilities at Pelican Marsh. Those are all the changes. COHMISSIONER HANCOCK: Madam Chairman -- I'm sorry. Go ahead. CHAIRPERSON MATTHEWS: Mr. Weigel, are there changes from the attorney's office? MR. WEIGEL: No additional changes. Thank you. CHAIRPERSON MATTHEWS: Commissioner Hancock, did you have anything you wanted to change? COHMISSIONER HANCOCK: None. CHAIRPERSON MATTHEWS: Commissioner Hac'Kie? COHMISSIONER MAC'KIE: No. CHAIRPERSON MATTHEWS: Commissioner Constantine? COHMISSIONER CONSTANTINE: I have none. CHAIRPERSON MATTHEWS: Nor I. Could I have a motion, please? COHMISSIONER CONSTANTINE: Madam Chairman, I'll make a motion we approve the agenda and consent agenda as amended. COHMISSIONER HANCOCK: Second. CHAIRPERSON MATTHEWS: We have a motion and a second to approve the agenda and the consent agenda as amended. All in favor please say aye. Opposed? There being none, motion passes 4-0, with Commissioner Norris being absent. I will not say he's absent again today. He's absent for the day. Item #4A1 PROCLAMATION DESIGNATING APRIL 4, 1995, AS COLLIER COUNTY PUBLIC SAFETY TELECOMHUNICATORS AND 9-1-1 EMERGENCY NUMBER DAY - ADOPTED We don't have any minutes to approve today, so we are going to move on to proclamations and service awards, and Commissioner Constantine is going to do our first proclamation. COHMISSIONER CONSTANTINE: The agenda indicates that my good friend Christopher Nind will be accepting this; however, I don't see Chris here. So I'm not sure -- If there's someone from the safety community, come on up. We have the following proclamation: "Whereas, protecting the lives and property of the citizens is one of the government's fundamental responsibilities; and "Whereas, in 1968 the Collier County Sheriff's Office, the City of Naples Police Department, and United Telephone implemented the countywide 911 emergency telephone system, providing citizens with an instantly recognized way to summon police, fire, and other rescue services efficiently and at lower cost to the public; and "Whereas, public safety telecommunicators from the Collier County Sheriff's Office and the City of Naples Police Department responded to 80,400 calls to the 911 emergency telephone number in 1994 .... You don't get that many at home, do you, Bettye? CHAIRPERSON MATTHEWS: I don't know. COHMISSIONER CONSTANTINE: .... and there was a total of 254,053 calls for service from the public to which our public safety agencies -- namely, police, fire, and medical -- responded; and "Whereas, it is appropriate to publically recognize the invaluable contributions of dedicated public safety telecommunicators of the countywide 911 enhanced telephone system, professionals who deal with nearly every aspect of life over the telephone and form the link between citizens in need of assistance and emergency personnel, and teach citizens what to do in the critical minutes before assistance arrives. "Now therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the day of April 4, 1995 .... That would be today .... be designated as'Collier County Public Safety Telecommunicators and 911 Emergency Number Day' in Collier County and urge all citizens to join in honoring and thanking those skilled men and women who strive to preserve life and health when confronted with an emergency and whose knowledge, training, and efficiency have created a successful emergency telephone system that works day in and day out to enhance the safety and well-being of all Collier Countians wherever and whenever it may be needed. "Done and ordered this 4th day of April 1995. Bettye J. Matthews, Chairman, Board of County Commissioners." Madam Chairman, I'd like to make a motion that we approve this proclamation. CHAIRPERSON MATTHEWS: Is there a second? COMMISSIONER MAC'KIE: Second. CHAIRPERSON MATTHEWS: We have a motion and a second to approve the proclamation. All those in favor please say aye. Motion passes 4-0. Thank you. COMMISSIONER HANCOCK: The year's longest proclamation. COMMISSIONER CONSTANTINE: Interesting. Seventeen 911 calls came in while we were reading that proclamation. Item #4A2 PROCLAMATION DESIGNATING THE WEEK OF APRIL 3-8, 1995, AS PUBLIC HEALTH WEEK - ADOPTED CHAIRPERSON MATTHEWS: Next on our agenda is another proclamation. Commissioner Hancock. COHMISSIONER HANCOCK: Thank you. I have the pleasure this morning of reading into the record a proclamation regarding Public Health Week. And, Mr. Evans, I don't see Dr. Polkowski. I assume you are solo today. MR. EVANS: Yes, sir. COHMISSIONER HANCOCK: Roger Evans is here to accept. "Whereas, recognizing that an annual celebration of Public Health Week in Florida and Collier County will increase awareness and understanding of the importance for a strong public health policy; and "Whereas, realizing that Public Health Week is a community outreach effort to deliver health promotion messages directly to the community ensuring that the general public and professionals have an opportunity to participate in the program and improve their understanding of and appreciation for the vital impact public health has upon shaping a healthier future; and "Whereas, public health services benefit the entire population of Collier County and are among the highest priorities of the Collier County government; and "Whereas, greater public knowledge and awareness of healthful behavior are cost-effective and contribute significantly to the reduction of needless suffering; and "Whereas, public health professionals and others who promote public health play important roles in providing for health and welfare of our citizens and their efforts undertaken with genuine concern and compassion are worthy of widespread praise and appreciation; and "Whereas, Public Health Week also recognizes the coalition of public and private health agencies, foundations, academia, and health-related enterprises that are working to promote healthy behaviors. "Now therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of April 3 through 8, 1995, be designated as 'Public Health Week.' "Done and ordered this 4th day of April 1995. Signed Bettye J. Matthews, Chairman." Madam Chairman, I'd like to make a motion that we accept this proclamation designated the 3rd to the 8th of April as Public Health Week. COMMISSIONER MAC'KIE: Second. CHAIRPERSON MATTHEWS: We have a motion and a second to make this proclamation. I'll call the question. All in favor please say aye. All those opposed? There being none, motion passes 4-0. Congratulations. Tell us what we're going to be doing this week. Is Pam going to be the official seconder today? MR. EVANS: Thank you, Commissioners, for your proclamation and recognition of Public Health Week. Our slogan is, "It takes two, public health and you." Your assistance in heightening the community's awareness of the importance of public health services and the health of the public is extremely important. It demonstrates that our community leaders believe in promoting and protecting one of the most valuable of all resources in society, the health of the community's population. Good health of the public is a bedrock foundation for the community's achievements and prosperity; however, a community population in poor health can only potentiate social and cultural decline which can ripple through generations. Your recognition of this dynamic is paramount to the future of Collier County. This proclamation is truly appreciated and is a significant element in the celebration of Public Health Week. Thank you very much. COHMISSIONER HANCOCK: Thank you. Item #4A3 PROCLAMATION DESIGNATING THE MONTH OF APRIL, 1995, AS CHILD ABUSE PREVENTION AWARENESS MONTH - ADOPTED CHAIRPERSON MATTHEWS: Thank you. Next item on the agenda, Commissioner Hac'Kie. COHMISSIONER MAC'KIE: I'm pleased to read a proclamation today declaring Child Abuse Prevention Awareness Month. And if Jacquelyn McDonald is here, I'd ask her to come forward, please, to accept the proclamation. "Whereas, child abuse in the United States is a rapidly increasing atrocity; and "Whereas, many worthy organizations are involved in the fight against child abuse through public awareness; and "Whereas, these organizations work with families to strengthen them and to help ensure all children live in safe environments. "Now therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the month of April 1995 be designated as 'Child Abuse Prevention Awareness Month.' "Done and ordered this 4th day of April 1995 by the Board of County Commissioners, Collier County, Florida. Bettye J. Matthews, Chairman." Madam Chairman, I'd like to move approval of this proclamation. COHMISSIONER CONSTANTINE: I'll second that. CHAIRPERSON MATTHEWS: We have a motion and a second to approve the proclamation. All those in favor please say aye. Motion passes 4-0. Thank you. MS. MCDONALD: We have this proclamation on behalf of Ideas For Parenting, a parent education support and information non-profit agency, and on behalf of all the individuals, community groups, schools, churches, and businesses which make up the Collier County community. We believe that it takes a nurturing village to raise a child. And throughout this coming year, Ideas is going to be collaborating on a project called "Families Up Front" to really promote families. So let's all work together to build this nurturing village here in Collier County. Thank you so much. CHAIRPERSON MATTHEWS: Thank you. Item #4A4 PROCLAMATION RECOGNIZING THE NATIONAL AND LOCAL ANNIVERSARIES OF THE LEAGUE OF WOMEN VOTERS - ADOPTED Next on the agenda, I have the pleasure of reading a proclamation. Is Ms. Kathleen Slebodnik here? Do you have other representatives with you from the league that may want to come? COHMISSIONER HANCOCK: The league is always represented. CHAIRPERSON MATTHEWS: They are and they do a fine job. I'm going to read a proclamation. "Whereas, February 14, 1995, marked the 75th anniversary of the founding of the League of Women Voters of the United States; and "Whereas, since 1920 the league has worked to be a voice for citizens and a force for change, has helped generations of voters understand the structure and function of government, and worked to achieve policies that promote good government; and "Whereas, February 27, 1995, was the 20th anniversary of the League of Women Voters of Collier County; and "Whereas, the league has served the county by studying social and environmental issues, by providing non-partisan election information on candidates and issues, by organizing public candidate forums, by conducting voter registration drives, and by working to achieve government policies that promote the public interest. "Now therefore, be it resolved that the Board of County Commissioners of Collier County, Florida, do hereby recognize the national and local anniversaries of the 'League of Women Voters' and thank the members for their commitment to improve the democratic process through public awareness and education and offer best wishes for continued success. "Done and ordered this 4th day of April 1995. Board of County Commissioners, Collier County, Florida. Bettye J. Matthews, Chairman." My Colleagues, I'd like to offer this proclamation as a motion. COHMISSIONER MAC'KIE: Second. COHMISSIONER HANCOCK: Second. CHAIRPERSON MATTHEWS: We have a motion and a second. All those in favor please say aye. Motion passes 4-0. Miss Slebodnik, thank you very much, and thank you for your great efforts of the league. MS. SLEBODNIK: Thank you. The League of Women Voters of Collier County thank you very much for your recognition. And on behalf of all of our members, we will continue to work very hard for good government in Collier County. Thank you. CHAIRPERSON MATTHEWS: Thank you very much. COHMISSIONER MAC'KIE: Thank you. Item #4A5 PROCLAMATION ENDORSING THE EFFORTS OF SOUTHWEST FLORIDA INTERNATIONAL AIRPORT AND STUTTGART INTERNATIONAL AIRPORT - ADOPTED CHAIRPERSON MATTHEWS: Next item on the agenda is a proclamation. Commissioner Constantine. COMMISSIONER CONSTANTINE: Certainly. Susan Sanders from the Lee Port Authority is here with us this morning. Good morning, Susan. And before I read this, I just want to say we often hear of working together regionally and doing things regionally now in Southwest Florida, and Susan and her colleagues at the Lee Port Authority are a great example of how we do that at the international airport. And we have the following proclamation with a pretty interesting new effort going on: "Whereas, Southwest Florida International Airport serves a five-county area including the City of Fort Myers; and "Whereas, Southwest Florida International Airport has established a partnership with Stuttgart International Airport, Germany, to promote international commerce between the airports and the communities they serve; and "Whereas, the airports will work together to increase international cooperation in information exchange, air service enhancement, governmental regulation, technical support, promotional events and other mutually beneficial partnerships; and "Whereas, through educational internships, the airports will endeavor to establish an exchange of university students interested in aviation activities to expose the students to the cultural and professional environment of each airport and the community it serves in hopes of fostering a greater understanding and diversity in our future leaders; and "Whereas, by developing an international friendship between these airports, both communities will grow together as common goals are met, thereby providing the momentum for the establishment of direct international air service and trade between Southwest Florida and Baden-Wurttemberg .... You can help me with that .... Germany. "Now therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that we endorse the efforts of Southwest Florida International Airport and Stuttgart International Airport for their work in the global interest of encouraging trade opportunities, increased tourism, and direct, convenient, affordable air service for the citizens in both regions. "Done and ordered this 4th day of April 1995. Board of County Commissioners. Bettye J. Matthews, Chairman." I'll make a motion we approve this proclamation. COMHISSIONER HANCOCK: Second. CHAIRPERSON MATTHEWS: We have a motion and a second to approve the proclamation. All those in favor please say aye. Motion passes 4-0. MS. SANDERS: Thank you. CHAIRPERSON MATTHEWS: Good job. You guys have been busy. COMMISSIONER CONSTANTINE: You want to -- MS. SANDERS: Yes. Of course. COMHISSIONER CONSTANTINE: The 12th of April, by the way, there's a get-together which I'm sure Susan will tell us about. I unfortunately will be in Tallahassee. CHAIRPERSON MATTHEWS: So will I. COHMISSIONER CONSTANTINE: But Commissioner Norris has agreed to participate as part of that and so on and so forth. MS. SANDERS: Well, on behalf of the Lee County Port Authority, the Board of Port Commissioners, and all the staff at the international airport, I thank you for this proclamation and recognition of our international efforts. As Commissioner Constantine has said, we are having an official signing ceremony on the steps of the Lee County courthouse on April 12 at 12:30. Anyone is invited to attend. We're also having a reception that evening which I believe Commissioner Norris will be attending, and he will actually present this proclamation to the assistant mayor of Stuttgart at that point in time. We're really excited about this. As far as we can tell, this is a first partnership of its kind between a European airport and a U.S. Airport. There are some partnerships between airports within countries. I don't think it's any surprise to any of you that the German market is the fastest growing visitor market in Southwest Florida. In 1986, in the five-county region, we had about 41,000 Europeans visiting, about half of which were Germans. In 1993 that number had grown to 442,000 -- again, about half of which were Germans. In recognition of this current growth and to facilitate the future growth of this particular market, the entire international market, the Lee County Port Authority recently completed two capital expansion projects at the airport, one of which was a new expanded customs facility which opened in December of 1994, and the other one was an expansion to our runway from 8,400 feet to 12,000 feet. This now gives us the longest runway on Florida's west coast and enables us to service any international destination. We currently have one weekly flight non-stop from Dusseldorf. In Hay we will be adding a second. In November of this year, we'll be adding a non-stop from Frankfurt. Our partnership program is designed, among other things, to provide us with new opportunities for international air service. The Stuttgart region is in Baden-Wurttemberg and it's over -- encompasses over ten million people. It's primarily an industrial region which makes it a little bit different from this region but provides us with a fertile ground for people who work very hard and would like to go on vacation. And, of course, the Germans get about a month vacation every year. So we think -- like to think they would all come over here. Of course, they would like to introduce us to their area. In the surrounding area of Baden-Wurttemberg, there are some tourism areas. The Black Forest, Heidelberg, and they would like to fertilize that kind of cross -- cross-tourism, if you will. The airport is very similar to ours. It did about five million passengers last year compared to our four million. Like us, it's surrounded by larger airports which makes it very hard for it to get direct service, Munich, Dusseldorf, Frankfurt, just like us being surrounded by Hiami, Orlando, and Tampa. So there are some parallels there. They currently cannot do non-stop service. They're in the process of extending their runway, a project which they hope to have completed by August of 1996, and our goal is to have a non-stop flight as the first international flight taking off on their extended runway in August of 1996. So we thank you for your support. COMHISSIONER HANCOCK: Thank you. Item #4B EMPLOYEE SERVICE AWARDS - PRESENTED CHAIRPERSON MATTHEWS: You're quite welcome. Thank you. Sounds good to me. Next item on the agenda is service awards. Commissioner Hancock. COMMISSIONER HANCOCK: I have the pleasure of presenting this morning's service awards. And before presenting the first to Mr. Pineau of Emergency Management, I want to say that as chairman of the board for the Red Cross, I work with Emergency Management directors all over the state, get to meet with them, and everywhere I go I hear Mr. Pineau hailed as one of the best, if not the best, Emergency Management director in the state. So with that introduction, I'd like to present Mr. Pineau with his ten-year pin for service to Collier County. CHAIRPERSON MATTHEWS: Good job. Thank you. COMHISSIONER MAC'KIE: Thank you. COMMISSIONER HANCOCK: Next, also a ten-year veteran pin for Mr. Tim Billings of Long-Range Planning. Congratulations, Tim. CHAIRPERSON MATTHEWS: Thank you. COMMISSIONER CONSTANTINE: Has everything turned out exactly as you planned in Long-Range Planning? MR. BILLINGS: Yes, it did. CHAIRPERSON MATTHEWS: Long-Range Planning. COMHISSIONER HANCOCK: Also with ten-year service is Mr. Jeffrey Kucko of Permitting and Inspections. MR. KUCKO: Kutzco. (phonetic) COMHISSIONER HANCOCK: Kutzco. (phonetic) Thank you, sir. MR. KUCKO: Thank you. CHAIRPERSON MATTHEWS: Thank you. COMHISSIONER CONSTANTINE: Congratulations. COMHISSIONER MAC'KIE: Thank you. COMMISSIONER HANCOCK: We noted that Jeffrey's wearing all of his campaign medals there on his pocket. MR. KUCKO: Yeah. I've even got a 20 on there for good luck. COMHISSIONER HANCOCK: Also with ten-year service is Steve Donovan of EMS. Steve, are you here? He's out saving another life, I imagine. COMMISSIONER CONSTANTINE: Answering another one of those 911 calls. CHAIRPERSON MATTHEWS: He'll get a Phoenix award next year. COMHISSIONER HANCOCK: Also ten years with the County Attorney's Office is Miss Theresa Walker. Congratulations. MS. WALKER: Thank you. CHAIRPERSON MATTHEWS: Congratulations. COMMISSIONER CONSTANTINE: That's got to be the longest time of any of those. COMMISSIONER MAC'KIE: Longer than any of the lawyers have. Thanks. COMMISSIONER HANCOCK: And no small feat for a five-year pin is Mr. Timothy Jones in Water North. It says Water North as if you spend the day swimming. I think we all know what that means. Thank you. CHAIRPERSON MATTHEWS: Congratulations. COHMISSIONER CONSTANTINE: Thanks. COHMISSIONER MAC'KIE: Thank you, sir. Item #4C CERTIFICATE OF ACHIEVEHENT FOR EXCELLENCE IN FINANCIAL REPORTING - PRESENTED TO THE BOARD OF COUNTY COHMISSIONERS AND THE CLERK OF COURTS CHAIRPERSON MATTHEWS: That concludes that. The next item on the agenda is a presentation, and it's my pleasure to present to Mr. Brock, our Clerk of Courts, and his finance officer, Kathy Hankins, an award for achievement. I'm going to read this because it's got some really interesting information in it as financial statements go which aren't always terribly interesting. That's an attorney talking down there. COHMISSIONER CONSTANTINE: It's fascinating stuff. COHMISSIONER MAC'KIE: Fascinating. CHAIRPERSON MATTHEWS: I'm honored really to present the Certificate of Achievement in Financial Reporting for September 30 of 1993. This award is a part of the continuing effort of the international association which is part of the Government Finance Officers Association, otherwise known as the GFOA, to promote and improve financial reporting in local governments. This is the highest form of recognition in financial reporting for governments. For a finance report to be awarded the certificate, it must meet the high standards of the program which emphasize completeness and clarity as well as prescribed reporting principles. You guys keep the clarity in mind in another couple of weeks. Okay? The Collier County financial report meets these standards as well as conveying the financial story of the county. To give you an idea of the significance of this award, only two and a half percent of the over 60,000 local governments have been able to bring their reports to the standards achieved by our county. The citizens of Collier County should take pride in the fact that our financial report has been judged one of the best in the country. This achievement shows the expertise, professionalism, and dedication of our finance staff. Additionally, the commitment by these individuals could only be achieved by the leadership exhibited by the Clerk of the Courts as chief financial officer and the Board of County Commissioners. On behalf of the GFOA, I applaud you for your efforts and encourage you -- and encourage your continued commitment to this excellence. I'd like to present this award to the board in the name of your Clerk of Courts. And this is the award, quite attractive, and it says, a certificate of achievement for excellence in financial reporting presented to Collier County, Florida, for its Comprehensive Annual Financial Report, otherwise known as a CAFR, for the fiscal year ended September 30, 1993. A Certificate of Achievement for Excellence in Financial Reporting is presented by the Government Finance Offices Association of the United States and Canada to government units and public employee retirement systems whose Comprehensive Annual Financial Reports achieve the highest standards in government accounting and financial reporting. That's quite an achievement, Mr. Brock, and I want to applaud you for seeing that we got this. Thank you. MR. BROCK: Commissioners, I thank you very much. That is a tribute to the dedication and hard work of the staff of the finance department that reports to me but works for you. I would like to acknowledge that hard work and dedication that was put forth by the staff in achieving that award, and the recognition that they have received is appreciated, and I thank you very much. CHAIRPERSON MATTHEWS: Thank you. You want to see this, don't you? MS. HANKINS: I want to get it. CHAIRPERSON MATTHEWS: Oh. You want to get it. MS. HANKINS: Thank you. COHMISSIONER HANCOCK: How come you guys get all the nice looking awards? MS. HANKINS: We get the good stuff. COHMISSIONER MAC'KIE: You do the good work. CHAIRPERSON MATTHEWS: You do the good work, you get the good things. Thank you very much. Next item on the agenda -- Where am I? Item #SA1 EHERGENCY DECLARED; ORDINANCES 95-23 THROUGH 95-29 RE AMENDHENTS TO PARKS AND RECREATION, LIBRARY SYSTEMS, REGIONAL WATER SYSTEM, REGIONAL SEWER SYSTEM, EMERGENCY MEDICAL SERVICES, ROAD AND EDUCATIONAL IMPACT FEE ORDINANCES - ADOPTED WITH CHANGES COHMISSIONER CONSTANTINE: 8A(1). COHMISSIONER HANCOCK: 8A(1). CHAIRPERSON MATTHEWS: 8A(1). MR. HIHALIC: Good morning, Commissioners. CHAIRPERSON MATTHEWS: Mr. Hihalic. MR. HIHALIC: I'm Greg Hihalic, the director of Housing and Urban Improvement for the county, and I'm here before you this morning with two items, the first one being a change in some emergency -- an emergency change in ordinances as they relate to the impact fee affordable housing provisions. And I'm before you this morning out of the meeting last week where the Immokalee Non-Profit Housing came forward and discussed the restrictions that they were under when they received an impact fee deferral for their Timber Ridge PUD unit two affordable housing development which is 34 single-family homes that are being -- to be constructed in Immokalee. And they came before the board discussing their lack of having the 40-some thousand dollars available to put up a zero coupon treasury note as required under the ordinances. So we come back to you this morning with some emergency ordinances that modify this provision of the ordinances. And I'd like to refer you to page 13, agenda page 13. The changes in all the ordinances are the same. This is a sample of the first ordinance. And as you see, we're saying that, "The board now at its discretion may waive the requirement of additional or substitute collateral for rental housing units if the owner .... and we would like to add the words here "if the owner or general partner." And that's required for low-income housing tax credit projects. "If the owner or general partner is a not-for-profit corporation or organization and the dwelling units to be constructed are detached single-family homes. The board in its discretion -- The board in exercising its discretion shall consider the debt to equity ratio and the equity on the dwelling units available to cover the county's subordinated lien interest." By subordinating our lien interest, we indeed expose ourselves to a little bit more risk because we are not in a superior position. This is becoming a more important requirement in all the deals we do. Most of the for-profit developers are able to put up the required collateral or make a deal with their lender to be able to show that the reserves will be there to pay for this after a six- or 15-year period, but Immokalee Non-Profit Housing has not been able to do that. Their development has to close by the 12th of April, and that is the reason that we brought this back to you on an emergency basis. COMMISSIONER HANCOCK: Excuse me, Mr. Mihalic. MR. MIHALIC: Yes. COMMISSIONER HANCOCK: Your well-prepared presentation after looking through your material is probably not necessary. I want to draw out a couple of important points and move this item. The additions to these all state that the board may waive the requirement, not shall. In other words, if they meet criteria, it's not a given -- MR. MIHALIC: Yes. COMMISSIONER HANCOCK: -- which is important in this particular project because what we have is a unique situation that we want to promote which is rental units that eventually become ownership units and they're single-family detached housing, and that's exactly as it's written in all of these. So unless the board has any further questions, I'd like to move approval again. CHAIRPERSON MATTHEWS: I think we have to declare an emergency first because these are ordinances; is that correct, Mr. Weigel? MR. WEIGEL: There are -- six, seven ordinances here? MR. MIHALIC: Seven ordinances. MR. WEIGEL: -- seven ordinances here. To have the proper record for an emergency ordinance, it will be necessary for the board to declare an emergency as to each of the seven ordinances. You may reference these ordinances, and their ordinance numbers are shown in the executive summary, and the record should show the ordinance number of each of those ordinances. One declaration approved by super majority of the board, one declaration of emergency will suffice; however, it will take a separate vote for each of the ordinances upon the closure of the public hearing on each of those -- each of those seven ordinances. COMMISSIONER HANCOCK: I withdraw my motion. CHAIRPERSON MATTHEWS: First, I would -- Are there public speakers on this, Mr. Hargett? MR. HARGETT: Yes, ma'am. We have one speaker. CHAIRPERSON MATTHEWS: Thank you. MR. HARGETT: Would you like to hear from him at this time? CHAIRPERSON MATTHEWS: Yeah. Why don't we hear from him. MR. HARGETT: Mr. Carl Kuehner. MR. KUEHNER: Carl Kuehner representing Immokalee Non-Profit. I'm here really just to answer questions if, in fact, any develop. I think we've covered the issues. As you're aware, we need to do basically two things. One is to adopt the underlying language which Mr. Mihalic has presented and then applying it to the Timber Ridge project and its subordinations. CHAIRPERSON MATTHEWS: I'd like a motion to declare an emergency as it affects these particular ordinances. COHMISSIONER CONSTANTINE: So moved. CHAIRPERSON MATTHEWS: We have a motion. Is there a second? COHMISSIONER HANCOCK: Second. CHAIRPERSON MATTHEWS: We have a motion and a second to declare an emergency as it pertains to the seven ordinances. All those in favor please say aye. Motion passes 4-0. COHMISSIONER HANCOCK: Madam Chairman, I'd like to make a motion to approve amendment to Ordinance 88-96. CHAIRPERSON MATTHEWS: Is there a second? COMMISSIONER MAC'KIE: Second. CHAIRPERSON MATTHEWS: We have a motion and a second to approve amendments to Ordinance 88-97. All those in favor please say aye. COHMISSIONER HANCOCK: Correction. 88-96. COHMISSIONER MAC'KIE: Second. CHAIRPERSON MATTHEWS: We have a motion and a second to amend Ordinance 88-96. All those in favor please say aye. Motion passes 4-0. COHMISSIONER HANCOCK: 90-86. COHMISSIONER MAC'KIE: CHAIRPERSON MATTHEWS: approve Ordinance 90-86. Motion passes 4-0. COHMISSIONER HANCOCK: 90-87. COHMISSIONER MAC'KIE: CHAIRPERSON MATTHEWS: Motion to approve Ordinance Second. We have a motion and a second to All those in favor please say aye. Motion to approve Ordinance Tim? Are you going to second this one? COHHISSIONER CONSTANTINE: Sure. I'll second that. CHAIRPERSON MATTHEWS: We have a motion and a -- COHMISSIONER CONSTANTINE: I feel very strongly about that. CHAIRPERSON MATTHEWS: We have a motion and a second to amend Ordinance 90-87. All those in favor please say aye. Motion passes 4-0. COHMISSIONER HANCOCK: Motion to approve Ordinance 91-71. COMMISSIONER MAC'KIE: Second. CHAIRPERSON MATTHEWS: We have a motion and a second to approve amendments to Ordinance 91-71. All those in favor please say aye. Motion passes 4-0. COMMISSIONER HANCOCK: Motion to approve Ordinance 92-22. COMMISSIONER MAC'KIE: Second. CHAIRPERSON MATTHEWS: We have a motion and a second to approve amendments to Ordinance 92-22. All those in favor please say aye. Motion passes 4-0. COMMISSIONER HANCOCK: And motion to approve changes to Ordinance 92-33. COMMISSIONER MAC'KIE: Second. CHAIRPERSON MATTHEWS: We have a motion and a second to approve amendments to Ordinance 92-33. You have a question you need to get in here first? MR. MIHALIC: Only for the record, Commissioners. Those are ordinances as amended. CHAIRPERSON MATTHEWS: As amended. MR. MIHALIC: I'm sure you mean as amended. COMMISSIONER MAC'KIE: Absolutely. COMMISSIONER HANCOCK: As they were presented. MR. MIHALIC: Yes, sir. CHAIRPERSON MATTHEWS: We have a motion and a second. All those in favor please say aye. Motion passes 4-0. MR. WEIGEL: Madam Chairman, I believe 88-97 -- You may have been keeping a running tab, Greg. 88-97 was the one that was the original motion and then withdrawn to go to the order of 88-96. COMMISSIONER HANCOCK: That's correct, Mr. Weigel. I made -- We made a motion to approve Ordinance 88-97. I made a motion for 88-96. You announced it as 88-97 so -- CHAIRPERSON MATTHEWS: I'm sorry. COMMISSIONER HANCOCK: Motion to approve Ordinance 88-97. COMMISSIONER MAC'KIE: Second. CHAIRPERSON MATTHEWS: We have a motion and a second to approve amendments to Ordinance 88-97. All those in favor please say aye. Thank you. I thought we did seven of them. Item #8A2 RESOLUTION 95-264, DEFERRING 100e OF THE IMPACT FEES FOR 34 DWELLING UNITS OF TIMBER RIDGE UNIT 2, TO BE BUILT BY IHMOKALEE NON-PROFIT HOUSING, INC. - ADOPTED SUBJECT TO AGREEMENT AND LEGAL SUFFICIENCY Next item on the agenda, Mr. Hihalic still, item 8A(2). MR. HIHALIC: Hello, Commissioners. Again, this is the companion item that will allow a restated and amended agreement for the deferral of 100 percent of the impact fees. On January 24 the commissioners approved 100 percent impact fee deferral for 15 years to this project; however, now that we've had a change in the ordinances, we would like to come back and have a new amended and restated agreement; however, these agreements have not yet been approved by the County Attorney's Office, and they've asked me to note that they need to change the legal description that we have here that needs to be more comprehensive. They need to -- me to state that it supersedes the previous deferral that had been granted, and they would like to modify the subordination language to make it compatible with an earlier subordination language that we used in another affordable housing development, Osprey's Landing. So I would like you to authorize the chairman to sign the resolution and agreement after it's been approved for legal form and sufficiency by the County Attorney's Office. COHMISSIONER HANCOCK: Mr. Hihalic, this is indeed a deferral of the same or similar nature? It's not a waiver? Is that correct? MR. HIHALIC: No. It's a deferral for 15 years, and it's exactly the same as this board granted on January 25, 1995. COHMISSIONER HANCOCK: Okay. MR. MIHALIC: I would also like to say that I've included the financial sources and uses statement for this development, and there is approximately $1.3 million in value over debt upon completion of this section of the development. COHMISSIONER HAC'KIE: Just a question for Mr. Weigel. What's the reason why this hasn't been able to be approved by the County Attorney's office yet? What's the delay? MR. WEIGEL: It's my understanding that -- Well, the delay is, of course, we're working with a very tight time frame since last week. But in the review, it's just a question of having very clear language so that there is no -- will be no question concerning interpretation from a legal or any other standpoint. It's my understanding -- MR. HIHALIC: I just finished this last night at about six o'clock. It's my fault, not the County Attorney's Office, that it wasn't done. CHAIRPERSON MATTHEWS: Can we take a -- Can we take a motion subject to legal sufficiency? COHMISSIONER MAC'KIE: So move. MR. WEIGEL: You may and I wanted the record -- would like the record to reflect that -- the gist of the clarification or legal sufficiency fine-tuning that's going to be done, and I think Greg can provide that to you -- MR. HIHALIC: Yes. MR. WEIGEL: -- the general gist of what we're looking at at this point. MR. HIHALIC: We're looking at a change, a more comprehensive legal description. We would like a restatement of the legal description that's here. We would like to state -- Okay. I'll let the County Attorney's Office state it more comprehensively. CHAIRPERSON MATTHEWS: Hiss Ashton. MS. ASHTON: First of all, there will be a change in the resolution that's on your -- For the record, Heidi Ashton, Assistant County Attorney. It's on your -- The resolution change is on page eight of your agenda package changing under section one, the bolded language. The reference to 60 percent will be changed to 50 percent. The changes that will be made in the agreement -- under the "whereas" clauses, there's going to be some changes just to give some background history. Then there will be an additional change adding a section that will be called superseder, and it will say that the county and owner do hereby amend and restate the original agreement in its entirety. This amendment shall supersede the original agreement which original agreement shall be of no further force and effect after the execution hereof by the parties. The original agreement will be defined as the agreement that was executed in -- MR. HIHALIC: January. MS. ASHTON: -- January. Under -- It's under section -- It's on your page 13 of the agenda package. When it refers to "Lien," there will be an additional section added which will state substantially the county acknowledges and agrees that in compliance with the provisions of the county impact fee ordinances, the owner has demonstrated to the county that a subordination of the county's rights, interest, and liens necessary to obtain financing for owners of affordable housing project. The county agrees that all of its interests and lien arising pursuant to this agreement or the original agreement shall be and are made junior, inferior, and subordinate to the following. A, construction loan from First Bank of Immokalee in the amount of 990,000. B, construction of permanent loan by Florida Housing Financial Agency in the amount of $1 million. And, C, permanent loan by Enterprise Mortgage Investments, Inc., in the amount of 525,000. Then on page 15 of your agenda package under"Remedies," we would be modifying the language that says, "Such lien shall be subordinated to the primary mortgage and government funded affordable housing loan." And instead it will say, "Except as provided in paragraph .... the section that I just read, "Lien," which is going to be amended. I think it's going to be section seven. "Such lien shall be superior and paramount to the interest of -- in the dwelling unit of any owner, lessee, tenant, mortgagee or any other person except the lien for county taxes and shall be a party with the lien of such county taxes." The Florida Housing Finance Agency loans a MR. MIHALIC: half a million. MS. ASHTON: MR. MIHALIC: HS. ASHTON: HR. HIHALIC: HS. ASHTON: HR. HIHALIC: Oh. A half a million? That just stays in place. Oh, okay. Okay. So it would be -- A half a million. -- a half a million instead of the million. For the second mortgage. CHAIRPERSON MATTHEWS: Okay. Thank you. Commissioner Hac'Kie, is your motion subject to final legal -- approval for legal sufficiency? COHMISSIONER MAC'KIE: Yes, ma'am. CHAIRPERSON MATTHEWS: I'd like a second. COHMISSIONER HANCOCK: Second. CHAIRPERSON MATTHEWS: We have a motion and a second to approve the resolution. If there's no further discussion, all those in favor please say aye. MR. HIHALIC: And agreement, Commissioners. Resolution and agreement. CHAIRPERSON MATTHEWS: All those opposed? Motion passes 4-0. MR. HIHALIC: And the agreement, Commissioners. The resolution and the agreement. You have to authorize the chairman to sign the agreement also. CHAIRPERSON MATTHEWS: Oh, okay. Is there a motion? COHMISSIONER MAC'KIE: So moved. Yes. Let's -- COHMISSIONER HANCOCK: Second. CHAIRPERSON MATTHEWS: We have a motion and a second to authorize the chairman to sign the agreement that goes with the resolution for the -- MR. HIHALIC: Timber Ridge PUD. CHAIRPERSON MATTHEWS: -- Timber Ridge PUD. If there's no further discussion, all those in favor please say aye. Opposed? There being none, motion passes 4-0. MR. HIHALIC: Thank you very much, Commissioners. CHAIRPERSON MATTHEWS: Thank you. MR. KUEHNER: On behalf of Immokalee Non-Profit, thank you very much. Your timeliness is wonderful. CHAIRPERSON MATTHEWS: You're very welcome. Thank you. Good project. Item #6B RECOHMENDATION THAT THE BOARD OF COUNTY COHMISSIONERS RECEIVE AND ACCEPT THE COLLIER COUNTY COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 1994 - ACCEPTED SUBJECT TO HEARING SAME AT A LATER DATE We have to return to item 6B. We had discussion on it when we were approving the agenda and elected not to continue that. We're going to go back to item 6B, and this is a recommendation that the Board of County Commissioners receive a Collier County Comprehensive Annual Financial Report. COHMISSIONER HANCOCK: I'll make a motion to approve acceptance contingent upon the board seeing this for review and discussion at a later date. CHAIRPERSON MATTHEWS: We have a motion. Is there a second? COHMISSIONER MAC'KIE: Second. CHAIRPERSON MATTHEWS: You're being very quiet. COHMISSIONER CONSTANTINE: It's just my nature. COHMISSIONER HANCOCK: Since when? Sorry about that. CHAIRPERSON MATTHEWS: We have a motion and a second to accept the recognized CAFR, C-A-F-R. All those in favor please say aye. All those opposed? There being none, motion passes 4-0. And we will be -- I've sent a memo to Mr. Dotrill yesterday asking a workshop be scheduled on a Tueday afternoon later in April so that we can read and try to understand the CAFR. Next item on the agenda is item 8B(1). COHMISSIONER CONSTANTINE: Try to understand. CHAIRPERSON MATTHEWS: Try to understand it. Item #SB1 TWO-PARTY AGREEHENT WITH DEVELOPER OF MARCO SHORES UNIT 30 FOR USE OF AN EXCAVATION SITE TO PROVIDE FILL FOR THE S.R. 951 SURCHARGE CONTRACT - APPROVED SUBJECT TO APPROVAL OF LEGAL SUFFICIENCY COHMISSIONER CONSTANTINE: This next item seems fairly cut and dry. We'll -- We obviously benefit. The only thing I have -- it repeatedly says State Road 951. Are we doing this for the portion that the state is funding or are we -- this is down south of 9517 MR. ARCHIBALD: Yes, it is. South of U.S. 41 -- COHMISSIONER CONSTANTINE: U.S. 41. MR. ARCHIBALD: -- on the state portion. For the record, I need to add some comments, if I may. CHAIRPERSON MATTHEWS: Mr. Archibald. MR. ARCHIBALD: Again, this particular agenda item dates back prior to 1995, and it does provide the fill or the fill source for the surcharge contract on 951. Again, like the item that you just heard, the final agreement was brought back before staff late yesterday. We reviewed it, and I provided for each board member a copy with some yellow outlines on it, and very quickly I'd like to just address three issues. The item number one involves some language changes to the benefit of Collier County on page five item D where, in fact, we've changed the agreement from the agreement in your agenda package to our benefit, and it just indicates that the county shall make a reasonable effort to obtain security and performance for the excavation activity. And, again, the reason behind this is that, in fact, this is a public/private agreement, but, in fact, we're also dealing with another public entity and another private entity. Primarily the Florida Department of Transportation would be handling the contract and, in turn, will be dealing with a contractor that, by the way, was awarded this contract back in 1994. So the Florida Department of Transportation has been very patient in waiting for this agreement to be brought to the county and approved. Item number two which is on your page number eight is, again, some hold harmless language to the benefit of the county. The final item, item three, is on page nine, and there's some verbiage there where the county is required to provide insurance, and the Risk Management Office has given us a tentative approval, but, in fact, we still need to assure not only the procedure but assure the cost, and that's been addressed from a budgeting standpoint in the agenda item. And last, but not least, under item 16, it should be recognized that we're defining the definition of State Road 951 four-laning to allow density allocation in accordance with the extent of road four-laning from U.S. 41. That means, in fact, that if a project along that roadway has the four-lane along its frontage, then it can proceed with development. Those items do need to be further reviewed by both Risk Management and the County Attorney's Office, and it should be noted that we've taken out the termination agreement. Currently this agreement is without a termination agreement for the practical problems that once you start excavation on somebody else's property under the terms of these agreements, it's very difficult to terminate, and any termination would be subject to negotiations between the two parties. Again, there's some advantages and disadvantages to both the property owner and the county and the state, particularly the dollar savings for the road program itself. With that, I'll conclude and recommend to the board that they consider approving the agreement and authorizing the chairman to execute the agreement upon final approval of the County Attorney's Office and the Risk Management Office. COMMISSIONER CONSTANTINE: Are there any speakers? CHAIRPERSON MATTHEWS: Commissioner Hancock. COHMISSIONER HANCOCK: Mr. Archibald, in your staff report under number two, it says, "The county shall waive building permit requirements for excavation activities in Marco Shores unit 30 to include land clearing, excavation, and filling." Is that a typical standard approach? It just appears that we're waiving permit requirements for clearing, excavation, and filling, and I'm not just sure why. MR. ARCHIBALD: Let me explain very briefly. In Collier County under your land development code, you cannot excavate or clear or perform any work on your property without a building permit. I believe the board has directed that those provisions be revised. And back in '94, staff had asked for and gained board approval to waive that requirement for the county so, in fact, the county could go on private property and excavate. The landowner is asking for the same right. We've seen no adverse impacts in that form. COMMISSIONER HANCOCK: Okay. Good enough. My second question is, in the recommendation you state, "That the board approve the two-party agreement subject to revisions under consideration by the County Attorney's Office." This is two items in a row that we're getting something that the County Attorney's Office hasn't yet completed. Is that because of the late nature of this document? MR. ARCHIBALD: It is, and the document that you have before you with the three yellow tabs outlines the most recent version and we feel the final version. I'll indicate very quickly to you, on page nine, the County Attorney's Office has reviewed it, but they're recommending some very minor changes. An example would be under paragraph 15 on page nine, that we need to add some corrective language in regards to the provisions. Those are very minor changes. We don't foresee any major change that would, in fact, affect the conditions or the advantages that this agreement provides for either the landowner or the county or the state. COMMISSIONER HANCOCK: Okay. Thank you. CHAIRPERSON MATTHEWS: Are there further questions? Is there a motion? COMMISSIONER CONSTANTINE: Motion to approve staff recommendation. COMMISSIONER HANCOCK: Second. CHAIRPERSON MATTHEWS: Are we asking that motion to be subject to legal sufficiency from the -- COMMISSIONER CONSTANTINE: Absolutely. COMMISSIONER HANCOCK: So amended. CHAIRPERSON MATTHEWS: The motion -- The motion maker and the seconder accept the amendment. If there's no further discussion, I'll call the question. All those in favor please say aye. Opposed? There being none, motion passes 4-0. Thank you, Mr. Archibald. Item #SG1 INFORMATION RE THE CURRENT STATUS OF THE COLLIER COUNTY MANATEE PROTECTION PLAN - APPROVAL OF ADDITIONAL TIME TO WORK WITH THE STATE Next item on the agenda is item 8G(1), and this is an update report on the Manatee Protection Plan. MR. DUGAN: Commissioners -- CHAIRPERSON MATTHEWS: Mr. Dugan. MR. DUGAN: -- Madam Chairman, I'm Kevin Dugan with the Natural Resources Department. Back in February I was here with a plan that the state had disapproved after the board had approved it. At that time, you had appointed a citizens committee to negotiate with the state to see if we could bring this manatee plan to a closure. Today I'm here to let you know that we are still in negotiations with the state. Negotiations are moving in a positive direction, and at this time I would like to recommend that you grant us more time to negotiate with the state to bring this to closure. CHAIRPERSON MATTHEWS: Mr. Hargett, are there speakers on this? MR. HARGETT: Yes, ma'am. We have one speaker. CHAIRPERSON MATTHEWS: Are there questions from the board of Mr. Dugan? Commissioner Hancock, do you have questions of Mr. -- COHMISSIONER HANCOCK: (Hotioned with his hand a nonverbal response) CHAIRPERSON MATTHEWS: Can we hear from the public speakers? MR. HARGETT: Yes. Duke Turner. MR. TURNER: Good morning, ladies and gentlemen. I'm Duke Turner. I represent the Marine Industry Association, also one of your committee members -- we -- for the marine industries. We set up a meeting to meet and we met in Tallahassee with Kirby Green, the deputy director of DEP, and we had about a two-and-a-half-hour meeting. We took our charts with us. We went over a plan, and we feel that we've made some good progress on it. We have a few other minor details, I think, to work out, and we run aground in Everglades. So the Everglades -- We were supposed to have a gentleman coming from the county -- the city council in Everglades to be with us but come to find out he didn't like flying and he saw the weather report, and he wouldn't get in the airplane, so we didn't have a representative from Everglades. But we are making progress with them, and we're setting up another meeting to meet with the deputy director of DEP approximately the llth or 12th. We're working on that today to see what day we can get that meeting, but we feel that we are making progress in it. We've clarified some of the problems that they've had, and we're going back and we're working back towards our original plan. They had one plan going one direction, and we didn't quite agree with it. So I think we're coming up with some solutions to them and work it out to meet our zoning and our comprehensive land plan. So I feel that we're making progress, and if you would, just bear with us and give us a little more time before we decide to do something else. We'll be happy to continue working on it. CHAIRPERSON MATTHEWS: Your question is answered? COHMISSIONER HANCOCK: Yeah. I was just going to ask if you're optimistic that things will be worked out. It sounds like you are, and your recommendation is to continue along the same path and continue working with DEP to come to a resolution. You think that's the best road to resolution? MR. TURNER: I believe so. I think we can get it worked out, and we feel that meeting with the deputy, Kirby Green, that he seems to be reasonable, and we talked with him, and we felt we had a good meeting with him, and they're also anxious to start to approve some manatee plans I found out so -- because they only have one approved so far, and that's Citrus County and understand that was written by the state, and the people in Citrus County now is not happy with their plan because some single-family residents wound up -- with waterfront, we can't build a dock. So -- So, you know, these things have to be worked out, and we're trying to protect all the waterfront property owners, and also we'll try to protect the manatee the best we can, but we have to work it out where all of us can live here along with those manatees. But I feel optimistic it's going to work. No guarantee from the state. You never can tell what happens up there but -- COMHISSIONER HANCOCK: Thank you, Duke. MR. TURNER: -- we'll continue working on it. COMMISSIONER CONSTANTINE: Considering the recommendation from both our staff and the Marine Trade Association is a little more time to negotiate this thing out, I will make a motion we do exactly that. COMHISSIONER HANCOCK: Second. CHAIRPERSON MATTHEWS: Before I take a -- COMHISSIONER MAC'KIE: Second. CHAIRPERSON MATTHEWS: I was going to say, before I take a second, I wanted to see if there were additional speakers. Mr. Hargett, are there additional speakers? MR. HARGETT: No. No additional speakers. CHAIRPERSON MATTHEWS: Okay. Thank you, Mr. Turner. COMMISSIONER HANCOCK: Second the motion. CHAIRPERSON MATTHEWS: We have a motion and a second. Is there further discussion? There being none, I'll call the question. All in favor please say aye. Opposed? There being none, motion passes 4-0. Thank you, Mr. Dugan. Item #SH1 RESOLUTIONS 95-265 THROUGH 95-268, AUTHORIZING THE COLLIER COUNTY AIRPORT AUTHORITY TO ACCEPT $875,000 IN GRANT MONEY TO IMPROVE THE MARCO ISLAND EXECUTIVE AIRPORT - ADOPTED COMHISSIONER CONSTANTINE: Madam Chairman, the next item is the one which we struggled with the Marco Airport deal with the state with so long. I highly doubt anyone will be opposing this, but this is the $875,000 grant money we're accepting, and unless Mr. Drury wants to make a presentation, I'll make a motion that we accept -- COMHISSIONER MAC'KIE: Second. COMMISSIONER CONSTANTINE: -- that grant money. CHAIRPERSON MATTHEWS: We have a motion and a second to accept $875,000 worth of grant money. It seems to me it's a slam dunk. COMHISSIONER HANCOCK: John, do you have another one of those big checks like you gave us last time? MR. DRURY: A couple of weeks. COMHISSIONER HANCOCK: Okay. CHAIRPERSON MATTHEWS: A couple of weeks. Without any further discussion, I'll call the question. All in favor please say aye. Motion passes 4-0. Thank you for an excellent presentation, Mr. Drury. Item #9A RESOLUTION 95-269, INVOLVING CHARLOTTE COUNTY, COLLIER COUNTY AND LEE COUNTY PERTAINING TO STATE FUNDING OF LOVER'S KEY STATE RECREATIONAL AREA - ADOPTED Next item on the agenda is in the county attorney's report, item 9A. Mr. Weigel. MR. WEIGEL: Yes. Well, it's a hard act to follow, but I'll try to be brief. Before you today is a joint resolution which is a result of the tri-county board meeting that was held. This pertains to Lover's Key and request for state funding concerning Lover's Key Recreational Area with the state properties which are becoming joined and -- COHMISSIONER CONSTANTINE: Mr. Weigel, I'm terribly sorry to interrupt, but this resolution appears to be consistent with the discussion we had with the other two counties at our joint meeting, and unless there are public speakers, I will make a motion to approve the resolution. CHAIRPERSON MATTHEWS: MR. HARGETT: No. CHAIRPERSON MATTHEWS: second? COHMISSIONER MAC'KIE: COHMISSIONER HANCOCK: CHAIRPERSON MATTHEWS: COHMISSIONER MAC'KIE: CHAIRPERSON MATTHEWS: Are there public speakers? There are not. Is there a Second. Second. We have a motion and a -- Third. -- second to approve the resolution, the joint resolution with Lee and Coil -- Lee and Charlotte County regarding Lover's Key. No further discussion, I'll call the question. All in favor please say aye. Motion passes 4-0. MR. WEIGEL: One small point of clarification there. The resolution itself provides that it will ultimately be sent to all appropriate parties or offices, and if this board should have any particular directions for us in that regard, we intend to -- anticipate to work with the other County Attorney Offices we send this through, but we don't want to miss anyone. So if there should be any offices -- We will copy you on the offices we send to. If there is any further direction, it can come through the chairman, conceivably through the County Attorney Office. We'll make sure that it's sent that way. CHAIRPERSON MATTHEWS: Okay. Thank you. MR. WEIGEL: Thanks. CHAIRPERSON MATTHEWS: To move on -- We may finish before our 10:30 break. COMMISSIONER CONSTANTINE: Don't go jinxing us that way. Item #10A RESOLUTION 95-270, REAPPOINTING ANN CAMBELL AND CHARLES RHOADES TO THE COLLIER COUNTY PUBLIC HEALTH UNIT ADVISORY BOARD CHAIRPERSON MATTHEWS: Okay. I'll hush. I'll hush. Next item on the agenda is item 10A, appointment of members to the Collier County Public Health Unit Advisory Board. COHMISSIONER CONSTANTINE: Madam Chairman, there's two members and two applicants here. I'll make a motion that we re-appoint both of those individuals. COMMISSIONER MAC'KIE: Second. CHAIRPERSON MATTHEWS: We have a motion and a second to appoint Ann Campbell -- or re-appoint Ann Campbell and Charles Rhoades to the Collier County Public Health Unit Advisory Board. If there's no further discussion, all in favor please say aye. Motion passes 4-0. Item #10B RESOLUTION 95-271, DECLARING A VACANCY ON THE HOHELESS ADVISORY COHMITTEE - ADOPTED Next item on the agenda, recommendation to declare a vacancy on the Homeless Advisory Committee. Hiss Filson. MS. FILSON: Sue Filson, for the record. I received a memorandum from staff, the staff coordinator of the Homeless Advisory Committee, advising that Kathryn Leib was appointed on March 13, 1995, and has attended only three monthly meetings, and I believe Tom Olliff is here if you have additional questions. COHMISSIONER CONSTANTINE: Have we contacted Miss Leib? MR. OLLIFF: (Nodded head.) COHMISSIONER CONSTANTINE: Her response was? COHMISSIONER HANCOCK: COHMISSIONER HAC'KIE: attempts to contact her? MR. OLLIFF: No. COHMISSIONER HAC'KIE: CHAIRPERSON MATTHEWS: Was that a yes? We got no response in our Yes and? So, Miss Filson, we have made attempts to contact Hiss Leib and she's not responded? MS. FILSON: According to Mr. Olliff, yes. MR. OLLIFF: I'm sorry. Yes, we did, and we sent her a letter as of about a month ago indicating that we were planning on doing that unless she said something or contacted us. We haven't heard anything from her. We also ran that by the person on the committee who had recommended her. I believe he's contacted her and recommended that we also go ahead and declare the seat vacant. I think she just has some other commitments in the way of recently born twins if you -- COHMISSIONER MAC'KIE: That would do it. CHAIRPERSON MATTHEWS: That will do it. Is there a motion? COHMISSIONER CONSTANTINE: Has she been hanging out with Representative Saunders? COHMISSIONER HANCOCK: So moved. And I think that the last comment should be stricken from the record. COHMISSIONER CONSTANTINE: Hake that part of the motion. COHMISSIONER HANCOCK: So moved. CHAIRPERSON MATTHEWS: We have a motion. Is there a second? COMMISSIONER MAC'KIE: Second. CHAIRPERSON MATTHEWS: We have a motion and a second to declare a vacancy on the Homeless Advisory Committee. If there's no further discussion, all in favor please say aye. Motion passes 4-0. Item #10C - Continued to April 18, 1995 Item #10D REQUEST FROM LT. WELLS OF THE FLORIDA HIGHWAY PATROL RE THE PURCHASE OF RADAR DEVICES BY COLLIER COUNTY - APPROVED The last item on our agenda is continued to the week of the 18th. COMMISSIONER CONSTANTINE: Actually, we have Lieutenant Wells of the Florida Highway Patrol. CHAIRPERSON MATTHEWS: Then we have item 10D, Lieutenant Wells from the Florida Highway Patrol. It's a request for the purchase of radar devices. This was the one that was continued a couple of weeks ago, wasn't it? COMMISSIONER HANCOCK: That was continued at my request because we didn't have representatives from the sheriff's office. We were told that we had support from the sheriff's office on it, but I wanted to hear from them specifically and -- COMMISSIONER CONSTANTINE: I made a point to talk with our beloved sheriff this past week. He has no objection assuming -- and Lieutenant Wells can do a brief explanation, but it's using clerk funds. The sheriff said as long as it's not out of his budget, he thinks it's a wonderful idea. I did have one question and that is -- and you and I have talked about this before, but as to the number of units that are assigned to Collier County, because I keep hearing different numbers on that and I want to make sure anything we purchase obviously goes toward those units being used within our county boundaries. LIEUTENANT WELLS: Okay. Currently we have 20 positions assigned to Collier County. That would include myself and two sergeants. I do have responsibilities of patrol on the road. So do the sergeants. Every uniformed position we have in the county does do road patrol work, albeit some more than others. As of today, we are four trooper positions short. The middle of this month we are going to lose three more people. The end of the month they're sending us seven new people. We will be 100 percent filled by the end of this month. Those seven new positions will have an eight-week -- CHAIRPERSON MATTHEWS: Can you pull the mike down a little bit. People can't hear you. LIEUTENANT WELLS: Okay. The seven new positions will be in training for eight weeks, and then they will be in full service. COMMISSIONER CONSTANTINE: You'll end up at 20, and the price break is at 20. So 21 is the same price as 20. LIEUTENANT WELLS: Actually, 21 is $1,205 cheaper than 20 so -- so we're getting a spare unit and saving the county some dollars. COMMISSIONER MAC'KIE: Thank you. CHAIRPERSON MATTHEWS: Commissioner Hancock. COMMISSIONER HANCOCK: Just so I can have this for the record, my understanding is that the whole basis for this is that the existing units you have are in a state of disrepair. We have -- I receive constant complaints about people traveling at excessive speed on the section of 1-75 through Collier County. It's a pretty common complaint. With this type of enforcement, the county will in all likelihood see an increase in citations, and those funds go to Collier County; is that correct? LIEUTENANT WELLS: Yes. In all -- COHMISSIONER HANCOCK: I know you're not guaranteeing an increase in tickets or revenue to repay. You can't do that because there are no such thing as quotas, yata, yata, yata, all that other stuff. But we're going to, like, in all likelihood see an increase in tickets and an increase in revenues to Collier County? LIEUTENANT WELLS: I would anticipate that if we gave seven brand new people equipment that otherwise they're not going to have, that there would be some increase particularly -- COHMISSIONER HANCOCK: Okay. Well, we'll dance around it, but I think we understand what's going to happen. Okay. CHAIRPERSON MATTHEWS: Are there further questions of Lieutenant Wells? COHMISSIONER CONSTANTINE: I'll make a motion to -- CHAIRPERSON MATTHEWS: Are there public speakers, Mr. Hargett? MR. HARGETT: There are no speakers. COHMISSIONER CONSTANTINE: I'll make a motion to approve the item exempting '72 Buick Skylarks. CHAIRPERSON MATTHEWS: Only 1972 -- COHMISSIONER CONSTANTINE: All right. All right. All right. All right. COHMISSIONER HANCOCK: Will the motion maker amend to include '94 jeeps? COHMISSIONER CONSTANTINE: No. I'll make a motion to approve the item as we have it in our clause. COHMISSIONER MAC'KIE: Second. CHAIRPERSON MATTHEWS: We have a motion and a second to approve the item as it is presented to us. If there's no further discussion, I'll call the question. All in favor please say aye. Opposed? There being none, motion passes 4-0. Thank you, Lieutenant Wells. LIEUTENANT WELLS: Thank you. COHMISSIONER CONSTANTINE: Good luck with the seven new guys or ladies. LIEUTENANT WELLS: It should be two women and five males. COHMISSIONER CONSTANTINE: Good. CHAIRPERSON MATTHEWS: Good. COHMISSIONER HANCOCK: Sorely needed. Thank you. LIEUTENANT WELLS: Thank you. CHAIRPERSON MATTHEWS: That concludes our agenda for today. Mr. Hargett, are there public comment? MR. HARGETT: No, ma'am. Item #14 BOARD OF COUNTY COHMISSIONERS' COHMUNICATIONS CHAIRPERSON MATTHEWS: As we move into communications, Commissioner Hancock, do you have anything? COHMISSIONER HANCOCK: I have none. CHAIRPERSON MATTHEWS: Commissioner Hac'Kie? COHMISSIONER MAC'KIE: I actually had a question for Mr. Lorenz about the chlordane information and just wanting an update on that, but since he's gone I'll -- COMHISSIONER HANCOCK: I'll -- Let me let you know the memo that's sitting on my desk about to go to Mr. Lorenz, and that is that I read in the paper that if the tests were flawed, that we're not going to reorder them. I'm not happy with that nor is that sufficient. If the tests were flawed, one, we will not pay for them, in my opinion; two, we will reorder the test. We need to determine the level of chlordane in those canals to find out what's going on. So the idea of not reordering those tests is not acceptable to me, and if it takes board action to get that done, I'll bring that back to the board, but it needs to be done as we order, and I will follow up on that and make sure it happens. CHAIRPERSON MATTHEWS: Okay. Thank you. COMHISSIONER MAC'KIE: Thank you. COMHISSIONER CONSTANTINE: I have one item just to throw out and put in your head and think about it. We have from time to time requests to put particular things on the ballot. Meals tax was one. That was something that kind of worked its way through MPO and to us anyway, but I was contacted several weeks ago in reference to putting baseball and a stadium and all that back on. I said the chances of this board doing that are pretty slim. I understand now there may be something for fire consolidation. It seems like we ought to have a policy. After talking to Mary Morgan, there is no formal or standard procedure right now. If the public wants to get "X" number of petitions and have something on the ballot, the only way it can be is if this board says yes to it and -- CHAIRPERSON MATTHEWS: The administrative code that we're going to be talking about in May. COMHISSIONER CONSTANTINE: There you go. And it seems like this might be -- and I'm not sure what our criteria should be -- so kind of kick that around in your head, and it seems like we ought to have a procedure where the public, if they want to have something on the ballot, can do that, but we don't have that now. So you're right. That will be part of our discussion in May, but I have no idea what details would be appropriate for that. CHAIRPERSON MATTHEWS: Something we can certainly think about between now and then. Is that all of the communication we have today? Mr. Weigel, you didn't have anything, did you? MR. WEIGEL: Nothing. Thank you. CHAIRPERSON MATTHEWS: Mr. Hargett? COHMISSIONER CONSTANTINE: And Bill Hargett's got a birthday coming up, I understand. COHMISSIONER HANCOCK: It's the 33rd. COHMISSIONER MAC'KIE: 21 again. MR. HARGETT: 39. CHAIRPERSON MATTHEWS: 39. If there's nothing further on the agenda, we're adjourned. ***** Commissioner Constantine moved, seconded by Commissioner Hancock and carried 4/0 (Commissioner Norris out), that the following items under the consent agenda be approved and/or adopted: ***** Item #16A1 ACCEPTANCE OF FINAL PLAT OF "CASA DEL VIDA" AND CONSTRUCTION AND MAINTENANCE AGREEMENT See Pages Item #16A2 - Continued to April 11, 1995 Item #16A3 ACCEPTANCE OF FINAL PLAT OF "STERLING OAKS - PHASE 2B1 AND CONSTRUCTION AND MAINTENANCE AGREEMENT See Pages Item #16A4 ACCEPTANCE OF WATER FACILITIES FOR LAGUNA ROYALE AT THE VINEYARDS Item #16A5a RESOLUTION 95-251, RE COMPLIANCE SERVICES CASE NO 41009-027, OWNER OF RECORD: MS. D. R. KOSMINER See Pages Item #16A5b RESOLUTION 95-252, RE COMPLIANCE SERVICES CASE NO 41101-010, OWNER OF RECORD: THOMAS P. MANEY, JR., AND LORI S. MANEY See Pages Item #16A5c RESOLUTION 95-253, RE COMPLIANCE SERVICES CASE NO 41031-083, OWNER OF RECORD: BERNARDO RUIZ AND MIRIAM RUIZ See Pages Item #16A5d RESOLUTION 95-254, RE COMPLIANCE SERVICES CASE NO 41019-034, OWNER OF RECORD: FLOREAL DE LA GARZA See Pages Item #16A5e RESOLUTION 95-255, RE COMPLIANCE SERVICES CASE NO 41012-016, OWNER OF RECORD: STEWART MEEHAN, ET UX See Pages Item #16A5f RESOLUTION 95-256, RE COMPLIANCE SERVICES CASE NO 41006-015, OWNER OF RECORD: MIMON BARON See Pages Item #16A5g RESOLUTION 95-257, RE COMPLIANCE SERVICES CASE NO 40930-113, OWNER OF RECORD: ZOLTAN SZILAGYI AND CATHERINE SZILAGYI See Pages Item #16A5h RESOLUTION 95-258, RE COMPLIANCE SERVICES CASE NO 40913-017, OWNER OF RECORD: CLAUDE E. SCHOLLAERT See Pages Item #16A5i RESOLUTION 95-259, RE COMPLIANCE SERVICES CASE NO 40419-009, OWNER OF RECORD: RESOLUTION TRUST CORP. See Pages Item #16A5j RESOLUTION 95-260, RE COMPLIANCE SERVICES CASE NO 40419-008, OWNER OF RECORD: RESOLUTION TRUST CORP. See Pages Item #16A5k RESOLUTION 95-261, RE COMPLIANCE SERVICES CASE NO 31021-066, OWNER OF RECORD: HUBERT BIRD See Pages Item #16A51 RESOLUTION 95-262, RE COMPLIANCE SERVICES CASE NO 20701-036, OWNER OF RECORD: TOHMIE L. WARD AND DIANE R. WARD See Pages Item #16A6 ACCEPTANCE OF FINAL PLAT OF "PINE AIR LAKES UNIT ONE" AND CONSTRUCTION AND MAINTENANCE AGREEMENT See Pages Item #16A7 ACCEPTANCE OF WATER FACILITIES FOR SHOPS AT EAGLE CREEK A/K/A EAGLE CREEK PLAZA AND ACCEPTANCE OF CASH BOND Item #16C1 AGREEHENT WITH THE DEPARTHENT OF COHMUNITY AFFAIRS FOR BLOCK GRANT FUNDING BENEFITING THE PUBLIC HEALTH UNIT'S OBSTETRIC PROGRAM - IN THE AMOUNT OF $7,271 See Pages Item #16C2 RECOHMENDATION THAT THE BOARD OF COUNTY COHMISSIONERS REJECT BID #95-2341 FOR THE PURCHASE OF PARKS PLAY STRUCTURES - TO BE PURCHASED THROUGH VOLUSIA COUNTY BID Item #16D1 BUDGET AMENDMENT TO RECOGNIZE REVENUE OF $850,000 FROM KEY MARCO COHMUNITY DEVELOPMENT DISTRICT Item #16El BID #95-2333 FOR CONTRACT PRINTING - AWARDED TO VARIOUS VENDORS FOR AN ESTIMATED AMOUNT OF $42,000 Item #16E2 - Deleted Item #16E3 RESOLUTION 95-263, AUTHORIZING EXPENDITURE OF FUNDS FOR A LUNCHEON TO RECOGNIZE RECAP (REDUCE COSTS OF ADMINISTRATIVE PERSONNEL) EMPLOYEES See Pages Item #16F1 OCHOPEE FIRE CONTROL DISTRICT GRANT REQUEST - NOT TO EXCEED 50e OF THE COST FOR THE 800 HHZ PORTABLES See Pages Item #16H1 WORK ORDER UNDER THE CURRENT ANNUAL PROFESSIONAL SERVICES AGREEMENT FOR SURVEYING SERVICES RELATED TO THE GOLDEN GATE PARKWAY 16" WATER MAIN - COMPETITIVE SELECTION AND NEGOTIATION REQUIREMENTS WAIVED AND AWARDED TO COASTAL ENGINEERING See Pages Item #16J MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED The following miscellaneous correspondence as presented by the Board of County Commissioners has been directed to the various departments as indicated: Item #16J1 CERTIFICATES OF CORRECTION TO THE TAX ROLLS AS PESENTED BY THE PROPERTY APPRAISER'S OFFICE 1990 REAL PROPERTY No. Dated 362 3/22/95 1991 REAL PROPERTY 276 3/22/95 1992 REAL PROPERTY 193 3/22/95 1993 REAL PROPERTY 210 3/22/95 1994 REAL PROPERTY 139/142 3/20-3/22/95 1994 TANGIBLE 122/123 3/20-3/21/95 Item #16K1 AUTHORIZATION FOR THE USE OF CONFISCATED TRUST FUNDS TO PURCHASE SPECIALIZED EQUIPMENT FOR INVESTIGATIVE PURPOSES AND TO WAIVE THE FORMAL SEALED BID PROCESS AND AUTHORIZE A SOLE SOURCE PURCHASED BY THE COLLIER COUNTY SHERIFF'S OFFICE Item #16K2 RECOHMENDATION THAT THE BOARD OF COUNTY COHMISSIONERS SERVE AS THE LOCAL COORDINATING UNIT OF GOVERNMENT IN THE STATE OF FLORIDA'S DEPARTMENT OF COHMUNITY AFFAIRS' ANTI-DRUG ABUSE ACT FORMULA GRANT PROGRAM There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair at 10:10 a.m. BOARD OF COUNTY COHMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL BETTYE J. MATTHEWS, CHAIRPERSON ATTEST: DWIGHT E. BROCK, CLERK These minutes approved by the Board on as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF DONOVAN COURT REPORTING BY: Christine E. Whitfield, RPR