BCC Minutes 04/21/1998 R REGULAR MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, April 21, 1998
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 Collier County Government Center, Administration Building,
Naples, Florida, with the following members present:
CHAIRPERSON: Barbara B. Berry
John C. Norris
Timothy J. Constantine
Pamela S. Mac'Kie
Timothy L. Hancock
ALSO PRESENT: David C. Weigel, County Attorney
Mike McNees, Assistant County Administrator
Item #3
AGENDA AND CONSENT AGENDA - APPROVED AND/OR ADOPTED WITH CHANGES
CHAIRPERSON BERRY: Good morning. I would like to call to order
the April 21st meeting of the Collier County Board of Commissioners.
This morning we're pleased to have with us the Reverend Charles West
of the Naples Church -- Naples First Church of the Nazarene for our
invocation. Would you please stand and remain standing for the
pledge.
Good morning.
REVEREND WEST: Good morning. Shall we pray together.
Father, thank you for a wonderful place to live, for wonderful
people who have become our extended families. We thank you for this
opportunity today. We receive this gift for this day as a gift from
you and we rejoice in it.
We ask today for wisdom, as those who have been entrusted with
the business of administering our community, that you would give them
wisdom and understanding and that you would grant them focus and
direction as they carry out the business of administering our
community's best desires and wishes.
We pray this day that you would be with us in a very special way
during the course of this day. May we know at the end of this day
that you have been with us and that we have felt that presence.
In the name of Jesus Christ, we ask it. Amen.
(The Pledge of Allegiance was recited in unison.)
CHAIRPERSON BERRY: Thank you, Reverend West, for being with us.
Mr. McNees, do we have any changes to our agenda this morning?
MR. MCNEES: Yes, ma'am, we do. Good morning. We have one of
each this morning. We're moving an item, adding an item, withdrawing
an item and continuing an item.
First, we're moving Item 16(B)(7) from the Consent Agenda to the
regular agenda having to do with a statutorial requirement since there
is a potential condemnation here, that this be heard on the regular
agenda. Apparently it will become Item 8(B)(1).
We're adding Item 8(B)(2), which is to have you ratify a
previously imposed water restriction that the County Administrator
signed on Friday afternoon that has to do with sprinkling and
irrigation restrictions for customers of the county water/sewer
district.
We're asking that Item 16(B)(2) be withdrawn from the Consent
Agenda due to a pending bid protest. That's an award bid that we're
asking to be withdrawn because we believe there will be a bid protest.
The final item is 8(A)(4), which is related to the hearing of the
Mocake PUD. The petitioner has asked that this be withdrawn from the
agenda today and they would like to have an opportunity to redo that.
They believe it will take about seven months.
And, Mr. Cautero, help me here. Apparently there is a
resolution that you need to reserve to allow them the time due to the
sunset restriction.
MR. CAUTERO: Yes.
COMMISSIONER MAC'KIE: Continued for seven months?
MR. CAUTERO: Speaking with Marjorie Student just before the
meeting, if you should grant this request to withdraw, part of your
motion should include a resolution that the staff will draw up and
bring back for signature allowing this continuance for seven months.
COMMISSIONER MAC'KIE: Why would we do that?
MR. CAUTERO: Legally it's required.
COMMISSIONER MAC'KIE: No, no.
MR. CAUTERO: Why you would continue it, I don't know. Mr.
Hoover made the request. Perhaps he can address that, if he's here.
COMMISSIONER MAC'KIE: I mean, it's a pretty unusual request, a
seven month long continuance. Does anybody --
COMMISSIONER NORRIS: It's unusual under the circumstances
because we gave them six months to come in with a new PUD a year ago
MR. CAUTERO: That's correct.
COMMISSIONER NORRIS: -- and now they want an additional seven
months, which is more than they were allowed the first time.
MR. CAUTERO: Unfortunately, I wasn't able to speak to him before
the meeting for the reasons but perhaps he can elaborate on that.
CHAIRPERSON BERRY: Commissioner Hancock?
COMMISSIONER HANCOCK: I'm getting concerned this is a pattern.
We just dealt with one, I think it was two weeks ago, that took six
months after notification, did absolutely nothing and showed up here
wanting to negotiate '-
COMMISSIONER MAC'KIE: Right.
COMMISSIONER HANCOCK: -- at the last hearing what the changes to
the PUD should or shouldn't be or whether they wanted to make a vested
rights argument or whatnot. Unless there is some extremely compelling
reason, I have no desire to make a pattern of waiting until the
eleventh hour, after direction has been given, after a request has
been made by this board, to then ask for a long extension like this.
This, to me, on the surface, appears ridiculous.
COMMISSIONER MAC'KIE: I can't imagine why we would do it. So if
there's some compelling reason --
CHAIRPERSON BERRY: Let's hear from Mr. Hoover and see what the
reasons are and see if he has any compelling reason for it.
MR. HOOVER: Okay. I believe it was April 23rd when --
CHAIRPERSON BERRY: Could you identify yourself, please.
MR. HOOVER: I'm sorry. For the record, Bill Hoover,
representing the petitioners of the Mocake PUD. Dan Monaco is trustee
of that.
I have no idea what transpired prior to January. That was the
first time I talked to Dan Monaco. And we -- I'm a trustee of some
property to the southwest of him. And there's also a man named Dell
Cook that's trustee of that large lake property to the south of them.
We approved Dan Monaco around mid-December and asked them if they
would consider, since their PUD was being -- needed to be amended, we
asked them if they would consider joining us in a re-zoning and giving
the residential property an access through there. And he, over a
period of a couple months now, he's agreed to do that, and what we
would like to do is bring in all the agricultural land between -- I
shouldn't say all, but about sixty acres of residential land south of
the Mocake PUD and north of Zurich Lakes PUD.
And additionally, the owners of Zurich Lakes PUD have agreed to
come in too. And what we're trying to do is, instead of putting all
the traffic on Oakes Boulevard, we would now split the traffic and we
would have a new access onto Immokalee Road at the frontage.
COMMISSIONER MAC'KIE: Bill, what would keep you from doing that
if we go ahead and re-zone this back to ag. You can come in with any
application, any proposal you want later. And that's what we're
proposing to do, is, since Mocake didn't come in with a proposal like
what you've described, we would down zone them to ag., or whatever
they, you know -- whatever's appropriate --
COMMISSIONER CONSTANTINE: Sounds like we're not continuing the
item.
COMMISSIONER MAC'KIE: I'm sorry?
COMMISSIONER CONSTANTINE: Sounds like we're not continuing the
item.
COMMISSIONER MAC'KIE: Yeah. Sounds like it to me.
COMMISSIONER NORRIS: Yeah. We're not continuing the item.
COMMISSIONER MAC'KIE: Madam Chairman, is that '-
COMMISSIONER HANCOCK: Can I ask Mr. Hoover, are you here as a
legal representative of the Mocake PUD; have they hired you, are you
under contract as their agent or representative?
MR. HOOVER: I would be the agent for the whole PUD and they've
agreed verbally to do that. I don't have '-
COMMISSIONER HANCOCK: You know verbally doesn't work for us. If
you are going to act on their behalf, you have to be designated as
their agent in some way, shape or form.
COMMISSIONER MAC'KIE: Signed with an affidavit.
COMMISSIONER HANCOCK: And if we don't have that--
MR. HOOVER: No. I don't have a signed affidavit acting as agent
for the Mocake PUD. They do know that I'm -- I have -- I have copied
them on this letter that I sent to Ron Nino yesterday, though.
COMMISSIONER HANCOCK: I don't doubt that at all, Bill, but you
understand.
MR. HOOVER: Okay. Sure.
CHAIRPERSON BERRY: Is there any reason that we couldn't delay
this one week?
COMMISSIONER NORRIS: If we want to. If they are going to
combine the PUDs, there's hardly any point in approving the PUD
applications before today, even if we do it next week, because, if
they're going to combine the PUDs, they're going to come back with a
whole now proposal --
COMMISSIONER MAC'KIE: Right.
COMMISSIONER NORRIS: -- at some point in the near future.
So I don't see why we would want to go through the same exercise
twice, frankly.
CHAIRPERSON BERRY: All right. So the question is, are we
withdrawing this today or what are we doing with it?
COMMISSIONER HANCOCK: Madam Chair, it's my desire to leave this
on the agenda as Item 8(A)(4).
CHAIRPERSON BERRY: Okay. We have a motion to leave it on the
agenda --
COMMISSIONER MAC'KIE: Second.
CHAIRPERSON BERRY: -- as Item 8(A)(4), and we have a second.
Any questions?
All in favor?
Opposed?
(No response).
CHAIRPERSON BERRY: Motion carries 5-0.
MR. HOOVER: Okay.
CHAIRPERSON BERRY: Okay.
COMMISSIONER HANCOCK: Does that wrap up the changes to the
agenda before getting to the board members? MR. MCNEES: Yes.
CHAIRPERSON BERRY: I believe so.
Commissioner Mac'Kie?
COMMISSIONER MAC'KIE: Just a couple of things under
Communications.
CHAIRPERSON BERRY: Commissioner Norris?
COMMISSIONER NORRIS: No changes today.
CHAIRPERSON BERRY: Commissioner Constantine?
COMMISSIONER CONSTANTINE: I have no changes.
CHAIRPERSON BERRY: Commissioner Hancock?
COMMISSIONER HANCOCK: None for me.
CHAIRPERSON BERRY: And I have none.
COMMISSIONER HANCOCK: Motion to approve the agenda and consent
agenda --
COMMISSIONER CONSTANTINE: Second.
COMMISSIONER HANCOCK: -- as amended.
CHAIRPERSON BERRY: We have a motion and a second.
All in favor?
Opposed?
(No response).
CHAIRPERSON BERRY: Motion carries 5-0.
Item #4
MINUTES OF WORKSHOP MEETING OF MARCH 31, 1998 AND SPECIAL MEETING OF
MARCH 31, 1998 - APPROVED AS PRESENTED
COMMISSIONER HANCOCK: I'll move approval of the minutes of the
March 31, 1998, workshop and the March 31, 1998, special meeting. COMMISSIONER NORRIS: Second.
CHAIRPERSON BERRY: We have a motion and a second forthe
approval of the minutes of March 31st workshop, March 31st special
meeting.
All in favor?
Opposed?
(No response).
CHAIRPERSON BERRY: Motion carries 5-0.
Item #5A1
PROCLAMATION PROCLAIMING APRIL 22, 1998 AS KEEP COLIER BEAUTIFUL DAY -
ADOPTED
Proclamations this morning. Keep Collier Beautiful Day. I
believe Mr. Constantine, this is yours.
COMMISSIONER CONSTANTINE: Madam Chairman, it's my pleasure to
provide -- to present this proclamation today. We have Steve Bigelow
from Waste Management and also Mike Davis, civic activist, with us.
Gentlemen, if you would come up here and face the audience and
camera and we'll read the following proclamation. Whereas, our community grows --
Whereas, as our community grows, there are serious impacts on
local transportation networks, services and our environment; and
Whereas, we are increasingly required to become more aware of the
vital importance of taking care of our environment, individually and
together, by keeping our community clean and healthy; and
Whereas, the Board of Collier County Commissioners strongly
support an organization or program designed to make the public aware
of the need to dispose of waste properly, and an organization such as
Keep America Beautiful, Inc., can promote cooperation between diverse
components of our community and direct us in working together to keep
Collier County clean and beautiful through a public/private
partnership; Keep Collier Beautiful, Inc.,; and
Whereas, the Board of Collier County Commissioners recognizes the
benefits to be derived from an organization such as Keep Collier
Beautiful, Inc., to coordinate, plan and implement activities to keep
Collier County clean and beautiful as our part in keeping America
beautiful.
Now therefore be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that April 22, 1998, be
designated as the second anniversary of Keep Collier Beautiful Day and
that Collier County government pledges an active role and
participation with the private sector in an observance of April as
Earth Month.
Done and ordered this 21st day of April, 1998, Board of County
Commissioners, Collier County, Florida, Barbara B. Berry, Chairman.
Madam Chairman, I would like to make a motion that we approve
this proclamation.
COMMISSIONER NORRIS: Second.
CHAIRPERSON BERRY: We have a motion and a second.
All in favor?
Opposed?
(No response).
CHAIRPERSON BERRY: Motion carries 5-0.
(Applause.)
MR. BIGELOW: Commissioners, Steve Bigelow, for the record.
If I may, I would like to thank you for your support. You know
the Keep Collier Beautiful is dedicated to environmental education and
litter control. And we would also be especially appreciative to
Commissioner Constantine for serving on our board. Thank you, sir.
CHAIRPERSON BERRY: Thank you.
Item #5A2
PROCLAMATION DESIGNATING THE WEEK OF APRIL 19-25, 1998 AS PROFESSIONAL
SECRETARIES WEEK - ADOPTED
Our next is a proclamation for claiming the week of April 19th
through the 25th as Professional Secretaries Week. And we have Miss
Barbara Pedone, the executive secretary to our county administrator,
representing all those secretaries out there. And the proclamation reads as follows.
Whereas, administrative professionals play a vital role in the
smooth functioning of businesses and organizations through effective
handling of reports, scheduling, presentations and other
administrative duties; and
Whereas, administrative professionals represent the largest
segment of the office work force; and
Whereas, administrative professionals continue to improve their
skills to meet the changing needs of business as we approach the
millennium.
Now therefore be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that the week of April 19th
through the 25th, 1998, be designated as professional secretaries
week, and call on businesses and organizations throughout the
community to recognize these outstanding professionals for their
contributions and to support their continued professional growth.
Done and ordered this 21st day of April, 1998, Board of County
Commissioners, Collier County, Florida, Barbara B. Berry, Chairman.
Fellow commissioners, I would like to move this proclamation.
COMMISSIONER MAC'KIE: Second.
CHAIRPERSON BERRY: We have a motion and a second.
All in favor?
Motion carries 5-0.
(Applause.)
COMMISSIONER CONSTANTINE: Representing secretaries everywhere.
CHAIRPERSON BERRY: We certainly thank Barbara, and we have
secretaries in there that keep us out of trouble, or certainly try to
keep us out of trouble. So we publicly thank them as well and for
secretaries for all of the other individuals, thank you to keep them
out of trouble. Hopefully.
COMMISSIONER HANCOCK: The new job description will be, your job
is to keep your boss out of trouble.
CHAIRPERSON BERRY: That's right. That's what I look to Miss
Filson, to keep me out of trouble, or keep me in line. I'm not sure
which.
Item #5A3
PROCLAMATION DESIGNATING THE WEEK OF APRIL 19-25, 1998 AS NATIONAL
INFANT IMMUNIZATION WEEK - ADOPTED
Our next proclamation is proclaiming the week of April 19th
through the 25th as National Infant Immunization Week. Dr. Charles
Konigsberg and Commissioner Hancock.
COMMISSIONER HANCOCK: Dr. Konigsberg, thank you for being here
to receive this proclamation. The proclamation reads as follows.
Whereas, every child born in Collier County deserves the best
possible chance for a healthy start in life; and
Whereas, the level of vaccine preventable disease has been
reduced by more than 99% since the introduction of vaccine.
Immunization is one of the most effective ways of protecting against
disease. Every dollar spent on immunization saves as much as $29.00
in future health care cost; and
Whereas, the Collier County Health Department is committed to
increasing public awareness of the needs to protect children against
many contagious diseases that can cause high fever, cough, choking and
breathing problems that can leave a child deaf, blind, or paralyzed;
and
Whereas, timing is the key for preventing life threatening
childhood contagious diseases and by age two children should have
received most of the immunizations; and
Whereas, as a community priority, the Collier County Health
Department is asking this Commission to join together in an effort to
ensure that measures to support well child checkups and immunizations
that keep children on the road to good health; and
Whereas, we, as Collier County residents, have a goal to fully
immunize 90% of our children under age two by the year 2002.
Therefore be it proclaimed by the Board of County Commissioners
of Collier County, Florida, that the week of April 19 through 25,
1998, be designated as National Infant Immunization Week.
Done and ordered this 21st day of April, 1998. Signed Barbara B.
Berry, Chairman.
My colleagues, I would like to move this proclamation.
COMMISSIONER MAC'KIE: Second.
CHAIRPERSON BERRY: We have a motion and a second.
All in favor?
Opposed?
(No response).
CHAIRPERSON BERRY: Motion carries 5-0.
(Applause.)
COMMISSIONER HANCOCK: Dr. Konigsberg.
DR. KONIGSBERG: Charles Konigsberg, Director of the Collier
County Health Department. I would like to thank the Commission for
their support of the immunization program through this proclamation.
Next to improved living standards, food, water, nothing has been more
effective in the last thirty to forty years in improving the health of
our children than immunizations. It has made truly an incredible
difference.
We do have a goal of 90 percent nationally. In Collier County, I
will be having more to say about that over the next few weeks and
months as to what we need to do to get it to the levels we need to.
But again, we thank you very much for your support.
CHAIRPERSON BERRY: Thank you very much, Dr. Konigsberg.
Item #5A4
PROCLAMATION DESIGNATING SATURDAY, MAY 2, 1998, AS PAINT YOUR HEART OUT
DAY - ADOPTED
Our next proclamation is Paint Your Heart Out Day.
Commissioner Mac'Kie.
COMMISSIONER MAC'KIE: This is a wonderful new activity in
Collier County. I want to invite Bill Brigham, Whit Ward, I see Susan
Golden in here, anybody else who is here on behalf of the Paint Your
Heart Day Program, I would ask to you come forward so I can read this
proclamation. I hope this is going to become a regular event in the
-- we're all going to be there, guys. It's going to be great.
Just line up right here across the front. They see us enough.
COMMISSIONER CONSTANTINE: Some would say too much.
COMMISSIONER MAC'KIE: Some would say too much.
COMMISSIONER HANCOCK: I would be part of that some.
COMMISSIONER MAC'KIE: Whereas, the Board of County Commissioners
of Collier County supports housing assistance to very low, low and
moderate income families; and
Whereas, the Board of County Commissioners of Collier County
works cooperatively with the City of Naples and area organizations to
address community-wide concerns; and
Whereas, the Board of County Commissioners of Collier County has
previously participated in Paint Your Heart Out events with local
businesses, civic associations, youth groups and supports expanding
the program to provide assistance to needy, low-income, elderly
households throughout Collier County; and
Whereas, the Board of County Commissioners of Collier County
supports joining forces with the City of Naples, the Collier County
Banking Partnership, Juvenile Court, the Department of Juvenile
Justice, a variety of trade organizations including Collier Building
Industry Association, the Lawn Maintenance Association and numerous
civic and nonprofit organizations to promote Paint Your Heart out.
Now therefore be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that Saturday, May 2, 1998
be designated as Paint Your Heart Out Day and urge all residents to
take an active role in making Collier County an even more attractive
and special place to live by participating in volunteer efforts.
Done and ordered this 21st day of April, 1998, Board of County
Commissioners, Barbara Berry, Chairman.
And I would like to move acceptance of this proclamation.
COMMISSIONER CONSTANTINE: Second.
CHAIRPERSON BERRY: We have a motion and a second.
All in favor?
Opposed?
(No response).
CHAIRPERSON BERRY: Motion carries 5-0.
(Applause.)
COMMISSIONER MAC'KIE: Whoever is going to tell us something
about the day, would you come up to the microphone. Okay.
MR. BAKER: Good morning. I'm Frank Baker, one of your Circuit
Court judges. Tim, to use your saying, this is the community-based
support group. It's made up of the private, the public and the
court-ordered groups.
CHAIRPERSON BERRY: Nice to meet you, sir. Thank you.
JUDGE BAKER: I don't want to steal DRILL's thunder.
These people are doing a terrific job.
While DRILL is up there and Commander Salley's introducing them
and having them meet you, Commissioners, you should know that DRILL is
painting one of the houses on May 2nd, the DRILL team by themselves,
in one day. And what the request was, not only do we want to paint a
house, but we want to paint the most difficult house.
So on May 2nd they have been given the most difficult house to
paint. These are people in need and houses in need. In an effort to
give something back to the community, the boys, soon to be men in
DRILL, have participated in many community-based activities which
exceed what the Court has required of them, including the Paint Your
Heart Out Day which they are participating in.
While you-all are still being introduced to DRILL, in six months
most of these boys advance two years in school. There's eight hours
of school every day in DRILL. It's not just all PT and fun. There's
two and a half hours of homework every night, and five and a half
hours of schooling, and that has made a dramatic difference in a lot
of people's education backgrounds.
So Commander Salley, on behalf of all of us, thank you for your
DRILL team and forthe boys volunteering to do the most difficult
house for us.
DJJ has also been involved. There's a lot of people involved in
this. I just facetiously said court-ordered people as well, but
really these are volunteers for the most part. There's so much energy
that has gone into this program from around the community and the
agencies involved, at almost virtually no cost to any public
organization, it's all individual efforts.
I have Bill Brigham here. He's going to tell you about a few of
the people. It is important we recognize a few of the people who have
donated not only their time but their money to this help.
There are ten houses being painted. Mr. Brigham is going to tell
you how we selected these houses. Personally I know I'm going to help
paint one of the houses but I'm going not to stay as long as DRILL
does, so --
Thank you. Thank you for your support too.
COMMISSIONER MAC'KIE: Thank you, Judge.
MR. BRIGHAM: I'm going to take a moment here to give you a copy
to share for yourselves of the Paint Your Heart Out Naples
participating organizations. As Judge Baker mentioned -- oh, I'm
sorry.
I'm Bill Brigham, here on behalf of the Collier County Banking
Partnership.
The Banking Partnership, just to give you a little bit of
background information, is an organization in which twenty-four banks
in Collier County are members of. I'm sure you're very surprised to
know there's twenty-four banks in this county. COMMISSIONER MAC'KIE: Yeah, now.
COMMISSIONER HANCOCK: That's lower than I anticipated.
MR. BRIGHAM: It's a -- well, they're not all members, but all
the commercial banks are. But it's an associate of all the, what I
call the active banks and the participating banks in Collier County,
and the Banking Partnership is involved in several different
initiatives during the year from low income housing to small business
lending initiatives and other issues that affect our mainstream
community.
The Paint Your Heart Out Naples organization was assembled
through my efforts and those of Susan Golden from the City of Naples,
as well as a number of different individuals from Collier County,
Judge Baker coming in on behalf of the juvenile court system.
The ten houses that we're going to be painting -- and the
number's growing. It was seven a couple weeks ago and now we've found
our way to ten. They are basically, they are owned in most cases by
very low income senior citizens or critically handicapped individuals,
and the houses themselves, these individuals have no resources nor any
wherewithal to paint their homes. Over the past year they've gone
through either a City or a County fix-up program, which ensures to us
that we're not getting -- we're not painting the house too early,
meaning that, when we go there and pressure clean and primer and
prepare and everything like that, that we're at a house where the roof
is intact and the house isn't going to fall apart when we point our
pressure cleaner at it. So these houses have undergone quite a bit of
work. But, simply put, there are no resources to do any painting and
beautification type things on the outside of the houses.
To accomplish this tremendous initiative, I have to tell you that
there's a lot more than painting ten houses on May 2nd involved in
this. It starts out with the involvement of a number of different key
organizations in this community, which Judge Baker spoke of many of
these and many of these names occurred in the proclamation, but it
ranges from the Banking Partnership, the Building Industry
Association, the Lawn Maintenance Association, the Painters and
Decorators Association, and we've established a program where
actually, beginning tomorrow, the Painting and Decorators Association
will begin the -- five or six different painting companies in Collier
County, totally free of charge, have stepped forward and adopted a
couple of these houses. And, beginning tomorrow, these houses will be
going through a preparation process involving everything from pressure
cleaning, primering where necessary, caulking, sealing, all those
sorts of things that you expect to do to a house before paint day. So
when our ten different community organizations in this opportunity
arrive at their assigned house on May 2nd, the houses will be ready to
paint.
And also, I want to mention that the Lawn Maintenance
Association, four or five landscape companies in this county have also
stepped forward to take care of necessary cutting back, cleaning up,
and also coming back after the paint day to do mulch and plant
flowers. So it's turned into quite an extraordinary undertaking.
And I want to mention in closing here that about three weeks ago
Home Depot agreed to become the lead sponsor of this effort. So Home
Depot is providing the material needed to paint the houses. This is
also being done in conjunction with support we're getting as well from
Barley's Paint and Wallpaper Store, who is actually teaming up with
DRILL and juvenile justice in providing the materials for those two
houses. But Home Depot and companies like Barley's have really
stepped forward.
I do need to go over some of the more interesting things,
particularly to the DRILL candidates. By the way, the DRILL
candidates are one often organizations, so that -- the DRILL
organization will be out there with other organizations that are
painting houses which range from the Unity Faith Missionary Baptist
Church, East Naples Kiwanis Club, the Department of Juvenile Justice,
Colonial Bank, the Collier County Banking Partnership --
COMMISSIONER MAC'KIE: Which house have you designated forthe
County Commission to paint?
MR. BRIGHAM: Well, you know, Judge Baker thinks that DRILL got
the toughest one, but --
COMMISSIONER MAC'KIE: You got one picked out for us?
MR. BRIGHAM: We got one that's even harder for you guys.
COMMISSIONER MAC'KIE: Okay.
CHAIRPERSON BERRY: We get the whole government complex.
COMMISSIONER HANCOCK: It's on stilts, no less.
MR. BRIGHAM: You'll be happy to know that you're all invited to
help paint out, but the Collier County Government employees are
stepping forward, as is our employees from Home Depot, totally on a
voluntary basis and painting houses. So it's a real -- it's a real
mixture of groups and organizations, and we're private enterprise.
And great community service groups like this have come forward. And I
think that -- you asked if this is to be a recurring event, and the
answer is yes. And I have spoken with Susan Golden about what we're
going to do to continue this thing. And the continuation of this
program actually begins with -- what do we call that meeting the week
before our paint day?
UNIDENTIFIED SPEAKER: Our recognition event.
MR. BRIGHAM: After our recognition event.
UNIDENTIFIED SPEAKER: Or post mortera.
MR. BRIGHAM: Our post mortera, in preparation for next year. But
one thing we've realized is, that we can't do all this on one day,
once a year. What's coming to us is that we really need to have two
initiatives, a Paint Your Head Out Day, where we do accomplish quite
a bit like this, but during the year we're finding that there's needs
that come up that simply just can't wait a whole year. And, as long
as we have this great organization intact, I think we're going to
propose to them at our party after the paint day that we consider
doing that.
But I do want the DRILL candidates to take some good news back
that we're going to be well fed and we're going to try to have some
fun while we're out there doing this. Dominos has agreed to supply
pizza at all -- or at all ten houses, feeding fifteen to twenty people
at each house. McDonald's and Dunkin Donuts are doing breakfast for
us, Sew Shore, right down the street, is, free of charge, providing
all the T-shirts with the Paint Your Head Out logo on it, so we'll
all look sharp in our uniforms that day. But, just a lot of effort.
CHAIRPERSON BERRY: Thank you very much. Appreciate all of this.
And, to the DRILL Academy, thank you very much. MR. SALLEY: My pleasure.
CHAIRPERSON BERRY: And it sounds like there's been a tremendous
amount of work and thought and effort that has gone into this, so I
think we'll look forward to seeing you all on May 2nd, bright and
early, at 8:00 in the morning.
COMMISSIONER MAC'KIE: Be there. Those East Naples houses just
happen to be inside that triangle I keep talking about, so '-
MR. BRIGHAM: And the last thing I'm going to say is, I want to
publicly go on notice --
COMMISSIONER MAC'KIE: Absolutely.
MR. BRIGHAM: -- letting everybody know the job that Susan Golden
did --
COMMISSIONER MAC'KIE: Absolutely.
MR. BRIGHAM: -- from the City of Naples.
UNIDENTIFIED SPEAKER: Thank you for your support. Appreciate
it.
COMMISSIONER MAC'KIE: Tremendous work.
CHAIRPERSON BERRY: Thank you very much.
(Applause.)
Item #5A5
PROCLAMATION DESIGNATING THE WEEK OF APRIL 19-25, 1998 AS COLLIER
COUNTY LAW ENFORCEMENT VOLUNTEER WEEK - ADOPTED
CHAIRPERSON BERRY: All right. Moving on then to the
proclamation proclaiming the week of the 19th through the 25th as
Collier County Law Enforcement Volunteer Week. Commissioner Hancock.
COMMISSIONER HANCOCK: It's my pleasure to read this
proclamation, and it says to be accepted by Sheriff Don Hunter, but I
see as the next best thing we have Lieutenant Cox. Glad to have you
here. And I'm sure many of you have seen, probably the most visible,
are the community service patrols that do the handicapped parking
enforcement. You've seen them around quite a bit. And just one
example of some of the fine volunteer work going on in the Sheriff's
Office. The proclamation reads as follows.
Whereas, the week of April 19th through 25th, 1998, as National
Volunteer Week -- okay, that needs to be reworded. Okay. We'll work
on that one.
And whereas the Sheriff of Collier County has designated this
week as Collier County Law Enforcement Week in appreciation of the
dedicated law enforcement volunteers serving this community; and
Whereas, last year over seventy volunteers of the Collier County
Sheriff's Office unselfishly donated approximately 12,100 hours of
service on behalf of the Collier County Sheriff's Office; and
Whereas, the volunteers of the Collier County Sheriff's Office
perform in an exemplary, dedicated and conscientious manner in many
capacities and environments; and
Whereas, these volunteer services have saved Collier County
taxpayers an estimated $121,000; and
Whereas, this proclamation recognizes the tremendous contribution
and experience our civilian volunteers bring to the Collier County
Sheriff's Office and the community.
Now therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that the week of April 19
through 25, 1998, be designated as Collier County Law Enforcement
Volunteer Week in honor of those who give so much of themselves to
benefit others and to serve the citizens of Collier County.
Done and ordered this 21st day of April, 1998, Barbara B. Berry,
Chairman.
I move this proclamation.
COMMISSIONER MAC'KIE: Second.
COMMISSIONER CONSTANTINE: Second.
CHAIRPERSON BERRY: We have a motion and a second.
All in favor?
Opposed?
(No response).
CHAIRPERSON BERRY: Motion carries 5-0.
(Applause.)
COMMISSIONER MAC'KIE: Good to see you. Thank you.
MR. COX: If I might, for the record, Sheriff Hunter expresses
his apology for being unable to attend.
CHAIRPERSON BERRY: Would you identify yourself, please.
MR. COX: I'm sorry. I'm Lieutenant Jeff Cox, Sheriff's Office.
And, for the record, Sheriff Hunter expresses his apologies for
not being able to attend, and has asked me to stand in for him.
I currently supervise the Special Services Bureau, which takes in
our auxiliary, our volunteers and our new posy program, which is up
and coming very well.
I would like to introduce today our new volunteer coordinator --
and there she is -- Julianna Anderson, and our two volunteers today
are Mr. Klinkman and Mr. Hemms. And I think Julianna has a word or
two she'd like to say. And, on behalf of Sheriff Hunter, it is indeed
my pleasure to accept this. And thank you very much.
CHAIRPERSON BERRY: Thank you.
MS. ANDERSON: Good morning. Thank you, first of all, for giving
us this honor. I think that my volunteers are the best volunteers in
the City of Naples and the county, and they do a fantastic job.
I want you to know that being a Sheriff's -- Collier County
Sheriff's Office volunteer is not to be taken lightly. Each candidate
is thoroughly screened, just like an employee. They go through an
intensive screening, and intensive background investigation. So, when
they come through, we're sure that we have the very best, and they are
working very, very hard to save the Collier County residents a lot of
money. And I think that's worthy of recognition anywhere, because
what we have to go through is worth what we do.
Thank you so much for recognizing us. And thank you, and we will
keep up the good work.
CHAIRPERSON BERRY: Thank you, Miss Anderson.
COMMISSIONER MAC'KIE: And congratulations to the Sheriff's
Office for getting Miss Anderson as your coordinator. You've gotten a
real star.
MR. COX: I couldn't agree more. Thank you very much.
CHAIRPERSON BERRY: Thank you very much.
Item #5A6
PROCLAMATION DESIGNATING THE WEEK OF APRIL 19-25, 1998 AS NATIONAL
COUNTY GOVERNMENT WEEK - ADOPTED
Our next proclamation, and last proclamation is National County
Government Week.
Commissioner Norris.
COMMISSIONER NORRIS: Thank you, Madam Chairman.
This proclamation is to be accepted by Robert Fernandez, County
Administrator. Substituting for Mr. Fernandez today is our own Mike
McNees, the Chief Assistant County Administrator. Mr. McNees, would you come forward, please?
Whereas, America's earliest immigrants placed great faith in the
county form of government, which traces its roots to Englishire; and
Whereas, county government is truly vital to the nation's
citizenry, serving as the most resonant and pure of local government
voices; and
Whereas, when the federal government was formed, the framers of
the constitution gave great weight to the importance of county
government and its dual value to both the state and federal
government; and
Whereas, county government's primary concern is to assure that
county leaders provide information and encouragement to its citizens
so that together they can build strong sustainable communities which
-- uh-oh, Ty is here -- which nurture --
COMMISSIONER MAC'KIE: Good word, guys.
COMMISSIONER NORRIS: -- the economic, environmental and social
well-being of all citizens; and
Whereas, the quality of life for all Americans is dependent upon
choices that accommodate economic development while preserving vital
natural environmental systems; and
Whereas, natural, scenic, cultural and historic resources are
important community assets; and
Whereas, the process of arriving at a community vision should be
open and inclusive and reflect the diverse population of the
community; and
Whereas, because communities and their surrounding areas are
interdependent, there is a recognized need for collaborative
approaches to problem solving; and
Whereas, safe, healthy, drug free communities are necessary to
ensure a high quality of life for its citizens; and
Whereas, community stability and social well-being go hand in
hand; and
Whereas, community leaders and all citizens should take a step to
learn about resources and programs available that can work to improve
their community's sustainability.
Now therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that April 19th to the 25th,
1998, be designated as National County Government Week.
Done and ordered this 21st day of April, 1998, by the Board of
County Commissioners, Collier County, Florida, Barbara B. Berry,
Chairman.
Madam Chairman, I will move acceptance of this proclamation.
CHAIRPERSON BERRY: We have a motion.
COMMISSIONER MAC'KIE: Second.
CHAIRPERSON BERRY: And a second.
COMMISSIONER CONSTANTINE: Discussion?
CHAIRPERSON BERRY: There is not going to be any discussion on
this.
COMMISSIONER CONSTANTINE: I'm going to support it, but have to
raise my objection to those words you used in there. You know the
ores.
COMMISSIONER MAC'KIE: That is so funny.
COMMISSIONER NORRIS: The Agoston words?
CHAIRPERSON BERRY: The S word, yes.
COMMISSIONER MAC'KIE: We don't want to sustain anything.
COMMISSIONER NORRIS: There is more than one meaning to that
particular word.
COMMISSIONER MAC'KIE: Thank you.
CHAIRPERSON BERRY: That's right.
We have a motion and a second.
All in favor?
Opposed?
(No response).
CHAIRPERSON BERRY: Motion carries 5-0.
(Applause.)
COMMISSIONER MAC'KIE: God bless government.
MR. MCNEES: Thank you very much. Mike McNees, the Assistant
County Administrator.
I would be remiss if I didn't thank you on behalf of the
approximately 2,000 employees who work for you and for the other
constitutional officers and take a moment to recognize them because
they are really the backbone of what we do in county government and
thank them for all their efforts in making all this work. Thank you.
CHAIRPERSON BERRY: Thank you very much, Mr. McNees.
Item #5B
EMPLOYEE SERVICE AWARDS - PRESENTED
Moving on then to Service Awards.
Wesley Hill, Planning Services, twenty years
(Applause.)
CHAIRPERSON BERRY: Thank you so much. Pin.
COMMISSIONER CONSTANTINE: I was in seventh grade when he
started.
COMMISSIONER HANCOCK: That's okay. I was in fifth.
Item #8A1
J. RICHARD SMITH, REPRESENTING THE GOLDEN GATE ESTATES AREA CIVIC
ASSOCIATION, REQUESTING A WAIVER OF THE FEE FOR A SPECIAL EVENT
DIRECTIONAL SIGN PERMIT - APPROVED
CHAIRPERSON BERRY: Moving on then to Item 8(A)(1), Community
Development area of our agenda. J. Richard Smith --
COMMISSIONER CONSTANTINE: Move the item.
COMMISSIONER NORRIS: Second.
COMMISSIONER MAC'KIE: Weren't we going to get a report on what
the cumulative impact is of all these waivers and I thought we had
postponed these and were going to -- I mean, I support this waiver --
I think we --
CHAIRPERSON BERRY: We didn't postpone it. If you remember, Mr.
Smith brought -- it was like a public petition. And then we put it on
the agenda. But then we also did say that we'd like to kind of review
all this permitting at some point in time, so --
COMMISSIONER MAC'KIE: When might we get this, Mr. Mulhere?
MR. MULHERE: Well, that report is written. It still needs to be
reviewed by Mr. Cautero and Mr. Fernandez. And I expect that that
will be on your agenda either this week or the following week. CHAIRPERSON BERRY: Okay.
MR. MULHERE: But the board's direction was to bring these two --
COMMISSIONER MAC'KIE: Right, right.
MR. MULHERE: -- or actually these three forward, pending that
report.
COMMISSIONER NORRIS: Are you going to remain anonymous today?
MR. MULHERE: I'm sorry. Excuse me. For the record, Bob
Mulhere, the Planning director. Thank you.
CHAIRPERSON BERRY: Okay. I believe we did have a motion.
Did we have a second for approval?
COMMISSIONER NORRIS: Yes, we did.
CHAIRPERSON BERRY: Okay. We have a motion and a second.
Mr. Smith, we're going to make life easy for you this morning.
MR. SMITH: Darn.
CHAIRPERSON BERRY: Well, I think after yesterday you need an
easier day today, from what I understand.
MR. SMITH: Thank you, Commissioner. Yes, it was one of those
days, for sure.
CHAIRPERSON BERRY: Mr. Smith's very fortunate to be here this
morning. He was involved in a rather serious car accident yesterday.
MR. SMITH: Yeah. It's amazing. My car is totalled and I'm, I
guess, okay. I think I am.
COMMISSIONER MAC'KIE: You're okay right now anyway, huh?
MR. SMITH: Yes.
COMMISSIONER MAC'KIE: Good.
CHAIRPERSON BERRY: Thank goodness.
We have a motion and a second to approve this item.
All favor?
Opposed?
(No response).
CHAIRPERSON BERRY: Motion carries 5-0.
MR. SMITH: Thank you very much.
CHAIRPERSON BERRY: Thank you.
Item #8A2
RICHARD P. MELICK, REPRESENTING THE NAPLES CONCERT BANK, REQUESTING A
WAIVER FOR A SPECIAL EVENT DIRECTIONAL SIGN PERMIT - APPROVED
Next item --
COMMISSIONER HANCOCK: Motion to approve.
COMMISSIONER CONSTANTINE: Second.
COMMISSIONER MAC'KIE: Second.
CHAIRPERSON BERRY: We have a motion and a second to approve the
Naples Concert Band requesting a waiver.
Any discussion? Obviously not.
All in favor?
Opposed?
(No response).
CHAIRPERSON BERRY: Motion carries 5-0.
Item #8A3
PAUL TATEO, REPRESENTING THE MARCO ISLAND CHARTER MIDDLE SCHOOL,
REQUESTING A WAIVER OF THE APPLICATION FEES FOR A SITE DEVELOPMENT PLAN
- APPROVED
CHAIRPERSON BERRY: The next one is the Marco Island Charter
Middle School requesting a waiver of the application fees for a site
development plan.
COMMISSIONER MAC'KIE: Same treatment we gave to Odyssey Middle
School when they, when they applied, what, about a year ago.
MR. MULHERE: That's correct. Actually, the Odyssey Middle
School fell under the interlocal agreement which allowed for a
courtesy review and inspections by county staff. The Marco Island
Charter Middle School is actually asking for a full site development
review by county staff, and that's why -- we wouldn't otherwise be
bringing the fee waiver request. There is no fee for the courtesy
review and inspection but there would be for the full site development
plan review. Perhaps Mr. Tateo, who is here, could provide some
information. As I understand it, the school board has asked that we
complete a full site development plan review on that.
MR. TATEO: I'm Paul Tateo. I live on Marco, lived in Collier
County for a number of years. I'm here on behalf of the Marco Island
Charter Middle School.
In our discussion and the school board's consent to our forming a
charter school, we have a choice under state legislation as to whether
we build or create the school through the school district or through
the county. We chose the county. It's the school board's preference,
and I don't know whether that's strictly from the standpoint of their
staff having other commitments or their feeling that this should be
something out in the public domain.
Charter schools are public schools and yet they are a little bit
outside of the normal routine. Consequently I think they felt in an
abundance of caution that it might be better if we went through a full
blown review with you-all. But, just as a quick aside, although we
are a public school, we're not funded. There are no capital monies
that go into charter schools. All of that money has to come out of
community support and private donations elsewhere, consequently, our
request to you about a waiver of those fees. Every bit that we can
save in creating what we're doing helps us.
Marco is a little bit different community than Golden Gate and
expect that you're going to have a, hopefully a little smoother
functioning operations down there. We've organized it considerably
differently from the get-go.
But the request for the waiver is just part of what we're trying
to do to conserve money that we do have.
COMMISSIONER CONSTANTINE: Can I just ask you to elaborate on how
the people on Marco are going to be different than the people of
Golden Gate? That just didn't sound right, the way you said it.
MR. TATEO: I didn't mean it as a slight, Tim, and I hope that it
didn't come across that way. Marco's a peculiar place, as you all
know from having sat here over the years and heard various petitions
and other things. And I say that both as a resident and as someone
who sometimes doesn't understand some of these issues.
COMMISSIONER CONSTANTINE: One of my favorite cities in the
county.
MR. TATEO: I know. I know.
Marco, in some areas, is a much tighter community. There's a
real sense of supporting community spirit down there in some areas.
And, at least from the parents that we've talked to, from the
pre-application enrollments that we've gotten for the school, there
are a lot of island-based children and families who really want to see
this thing happen. We've got people coming back out of parochial and
private schools, et cetera, et cetera. So I suspect that's a little
different sense of community than may exist in Golden Gate. But I
don't mean it in any other fashion than that.
COMMISSIONER MAC'KIE: I'm sure it's in the papers, but what's
the cost of the STP review?
MR. MULHERE: The cost is $425 plus one penny per square foot
plus, I believe, $20 per structure.
COMMISSIONER MAC'KIE: I'll tell ya --
MR. MULHERE: $500.
COMMISSIONER MAC'KIE: -- it's tight, tight, tight financially.
It sure was at Odyssey Middle School when we were trying to get that
one going. And, frankly, I'm such a strong supporter of charter
schools, and, for the record, my kid doesn't even go there anymore,
so, you know, I'm not--
COMMISSIONER HANCOCK: Wasn't that a disciplinary issue or some
COMMISSIONER MAC'KIE: Yeah. You know, he couldn't behave
himself. That's not true.
Charter schools need every little bit of support they can get.
COMMISSIONER CONSTANTINE: Talks a lot during class?
COMMISSIONER MAC'KIE: Okay. I'll stop.
MR. TATEO: Thank you, Pam.
COMMISSIONER MAC'KIE: Motion to approve the recommended waiver.
COMMISSIONER HANCOCK: Second.
CHAIRPERSON BERRY: All right. We have a motion and a second to,
I believe, it would say to waive the application fees.
Any further discussion on this item?
COMMISSIONER NORRIS: Nope.
CHAIRPERSON BERRY: All in favor?
Opposed?
(No response).
CHAIRPERSON BERRY: Motion carries 5-0.
MR. TATEO: Thank you, Commissioners.
COMMISSIONER MAC'KIE: Talks a lot in school. Yes.
COMMISSIONER HANCOCK: The way I look at it, I got Andy mad at me
already, now I got Jack mad at me. I'm in pretty good shape.
COMMISSIONER MAC'KIE: There you go.
Item #8A4
STAFF REPORT ON THE STATUS OF THE MOCAKE PUD PURSUANT TO SEECTION
2.7.3.4 AND THE FAILURE OF THE PROPERTY OWNER TO SUBMIT AN AMENDED PUD
AS DIRECTED BY THE BCC ON APRIL 23, 1997 - STAFF DIRECTED TO ADVERTISE
FOR A PUBLIC HEARING TO REZONE THE PROPERTY TO AGRICULTURE
CHAIRPERSON BERRY: Next Item 8(A)(4), staff report on the
status of the Mocake PUD.
MR. NINO: Yes. Ron Nino, forthe record. I don't know if you
received a copy of the communication that Mr. McNees alleged at the
beginning of the meeting. I would like to hand out a copy.
COMMISSIONER NORRIS: That's what my kids always used to ask for
at their birthday parties.
COMMISSIONER CONSTANTINE: Mud cake?
COMMISSIONER HANCOCK: Someone please bring an end to this
meeting.
CHAIRPERSON BERRY: We'll just let that pass.
MR. NINO: I believe the executive summary speaks to the issue.
There isn't much more I could add, other than the fact that we have a
PUD that has not fulfilled its requirement to submit a new application
within six months.
I couldn't help but overhear some of the issues, and perhaps you
might -- one of the down sides of this to the petitioner, of course,
is, if they need to make a new application, they're looking at a new
fee of $2,500 plus $25.00 an acre.
COMMISSIONER MAC'KIE: There's been a lot of staff time on this,
though.
MR. NINO: You're looking at -- correct. I just want to point
out that that would be a consideration why they're here before you,
probably seeking --
COMMISSIONER NORRIS: Mr. Nino, though, on the other hand, if
this, these properties that we discussed earlier were consolidated
into a single property, wouldn't they still have to provide for a new
application fee?
MR. NINO: Yes, they would. However, the $2,500 would be spread
out over a much larger parcel of property.
COMMISSIONER NORRIS: Well, that -- if we don't --
COMMISSIONER HANCOCK: Mr. Nino --
COMMISSIONER NORRIS: The issue is that if we take action to
rezone it ourselves, there's not a fee for that, is there? MR. NINO: No, there isn't.
COMMISSIONER MAC'KIE: If they come back later.
MR. NINO: There is a fee forthem to come back again.
I'm not suggesting that ought to be an issue. I just wanted you
to appreciate probably one of the reasons why they're asking to have
this matter continued.
COMMISSIONER NORRIS: Well, I think probably what we need to look
at here as a board is there are several properties that are proposed
to be consolidated into one at the future date, but the situation
today is that they are not. And we don't have any assurance that they
will be in the future. From Mr. Hoover's conversation, I don't -- I
understood that there's no contracts to consolidate these properties,
so we have no assurance that there will be. So I think what we need
to do is base our decision on what the situation is rather than on
what it potentially could be at some point in the future.
CHAIRPERSON BERRY: Commissioner Hancock?
COMMISSIONER HANCOCK: There's a possibly -- I don't think it was
intentional -- but a misleading statement in Mr. Hoover's
correspondence that says, "This PUD rezoning was initiated on April
3rd, 1998, by ordering a survey and EIS."
We don't have a rezone application in hand. When he's saying
"initiating", he's saying they ordered a survey and an EIS. That's
not the same as initiating a re-zone. That's the background. To me a
rezone is initiated when you submit the application to Collier County.
So I just want to clarify that we do not have a PUD rezone that has
been submitted to the county.
Is that correct, Mr. Nino?
MR. NINO: That is correct.
COMMISSIONER HANCOCK: I thought there was potential for
confusion out there and I wanted to be very clear on that. Thank you.
CHAIRPERSON BERRY: Commissioner Constantine?
COMMISSIONER CONSTANTINE: I agree with Commissioner Norris. We
can't be making our decisions based on hypothetical situations. And,
quite frankly, I have a concern as to what kind of a pattern we begin
if we go ahead and grant, at the end of the game here, an additional
time frame, and will that then become typical, will people come in
and, "Gosh, you did it for these folks, how come you can't do it for
us?" And we can get into a real nightmare there. So I'm not
comfortable doing that.
CHAIRPERSON BERRY: All right. What's the pleasure of the board?
COMMISSIONER HANCOCK: Do we have any speakers?
CHAIRPERSON BERRY: Do we have any speakers on the issue?
MR. MCNEES: No, ma'am.
CHAIRPERSON BERRY: None.
COMMISSIONER HANCOCK: I'll move staff recommendation to rezone
the parcel to agriculture.
COMMISSIONER NORRIS: Second.
CHAIRPERSON BERRY: We have a motion and a second to --
MR. NINO: If I might, would that not be direction to set public
hearings to rezone the property?
COMMISSIONER NORRIS: Yes.
CHAIRPERSON BERRY: Okay. We have a motion and a second.
All in favor?
Opposed?
CHAIRPERSON BERRY: The motion carries 5-0.
Item #8B1
RESOLUTION 98-105 AUTHORIZING THE ACQUISITION BY GIFT, PURCHASE OR
CONDEMNATION OF FEE SIMPLE TITLE INTERESTS AND/OR PERPETUAL,
NON-EXCLUSIVE, ROAD RIGHT-OF-WAY, SIDEWALK, UTILITY, DRAINAGE,
MAINTENANCE AND TEMPORARY CONSTRUCTION INTERESTS BY EASEMENT FOR THE
CONSTRUCITON OF THE FOUR-LANING IMPROVEMENTS FOR RADIO ROAD (C.R. 856)
PROJECT FROM SANTA BARBARA BOULEVARD TO DAVIS BOULEVARD (S.R. 84) CIE
NO. 16 - ADOPTED
The next Item 8(B) -- this was actually Item 16(B). It has
been moved to Item 8(B)(1), Radio Road project. Mr. Gonzalez. Good morning.
MR. GONZALEZ: Good morning, Commissioners. Adolfo Gonzalez,
Capital Projects Director, for the record.
The item is fairly self-explanatory. I would be glad to answer
questions you may have on this item.
COMMISSIONER HANCOCK: Madam Chair, I think this is something
that just had to be done under a Public Hearing item for legal
purposes. And, with that being the case, if there are no speakers,
I'll move the item.
CHAIRPERSON BERRY: Do we have any speakers on this item?
MR. MCNEES: No speakers.
CHAIRPERSON BERRY: There are no speakers.
COMMISSIONER MAC'KIE: Second.
CHAIRPERSON BERRY: We have a motion and a second.
All in favor?
Opposed?
(No reponse).
CHAIRPERSON BERRY: Motion carries 5-0.
Thank you.
Item #8B2
COUNTY ADMINISTRATOR'S ACTION TO IMPOSE WATER RESTRICTIONS AND
AUTHORIZATION TO CONTINUE THE CURRENT RESTRICTIONS - WATER RESTRICTIONS
TO REMAIN IN FORCE UNTIL 6/15/98
The item is Item 8(B)2, water restrictions.
MR. ILSCHNER: Good morning, Madam Chairman, Commissioners.
For the record, Ed Ilschner, Public Works Administrator for
Collier County.
This morning I'm here before you to ask you to continue and
confirm the action initiated by County Administrator Fernandez on
Friday evening and that was to initiate Phase 1 lawn watering
restrictions for Collier County Water and Sewer District customers.
This action was taken as a result of continued excessive pressures
being placed on our system by two factors, one, a lack of rainfall and
a very, very heavy load of irrigation, plus some system failures
mechanically. Those two factors combined caused us to recommend the
initiation of these restrictions. We feel like that we'll be in good
shape in the next thirty days, but we would like to ask you to
continue those restrictions for that period of time.
COMMISSIONER CONSTANTINE: Are you asking specifically for thirty
days?
MR. ILSCHNER: Until mid-June, basically. I apologize.
COMMISSIONER CONSTANTINE: Do we have a date? That's actually
the one note I had written on here, it doesn't have --
MR. ILSCHNER: In the directive and declaration and information
that we provided to the public, we indicated mid-June. We would
certainly hope to be able to rescind those earlier, if conditions
allow us to.
COMMISSIONER HANCOCK: Worst case scenario, June 15th, if we want
to plug in a date?
MR. ILSCHNER: Yes, sir, that's correct.
COMMISSIONER NORRIS: Does this apply to people who have their
own little irrigation wells?
MR. ILSCHNER: No, it does not. If they're --
COMMISSIONER NORRIS: Okay. Strictly if they are watering from
the county water supply?
MR. ILSCHNER: That is correct.
COMMISSIONER NORRIS: Okay.
COMMISSIONER MAC'KIE: Although, as we indicated when we talked
about a potential ordinance, we are certainly encouraging everybody to
water under some restrictions similar to this, but that that would be
voluntary.
MR. ILSCHNER: Certainly. That would certainly help, yes.
COMMISSIONER MAC'KIE: Motion to approve.
CHAIRPERSON BERRY: We have a motion.
COMMISSIONER HANCOCK: Second.
CHAIRPERSON BERRY: We have a motion and a second to approve this
item.
Any speakers on the item?
MR. MCNEES: No speakers.
CHAIRPERSON BERRY: All in favor, then?
Opposed?
(No response).
CHAIRPERSON BERRY: Motion carries 5-0.
Thank you, Mr. Ilschner.
Item #11 B1
TY AGOSTON REGARDING ADG MEMBERSHIP
We're to the Public Comment on general topics.
Speaker --
MR. MCNEES: You have three speakers registered this morning.
CHAIRPERSON BERRY: Okay.
MR. MCNEES: The first is Ty Agoston.
MR. AGOSTON: Good morning, ladies and gentlemen. My name is Ty
Agoston. I live in northern Golden Gate Estates and I'm speaking for
myself.
Just as an aside, I thought this was the wettest winter on
record. And for us to be having to restrict, or county members, or
whichever way you want to express it, this kind of strikes me as odd,
but whatever. That was not the issue that I was going to talk about.
I was going to express my disappointment in the ADG membership
that was published in the Naples Daily News. Mr. Franz Stahling, in
the article, have expressed his extreme satisfaction. And he
mentioned that he more than be able to work with the members of the
group, which kind of strikes me something similar to a chairman of the
board at an annual stockholders' meeting with having fifty-one percent
of the proxies in his back pocket, has no real concern about dealing
with the stockholders.
The list, as it contains the majority of the members are
environmentalists, one way, shape or form, and there is an exclusion,
or rather an inclusion, the League of Women Voters, who have invited
Colonel Miller and has encouraged -- I am now recalling -- I was there
personally, and the president mentioned to Colonel Miller that he was
going to put the hammer down, whatever that means.
What I would like to know, what is the difference here between
the League of Women Voters and the Taxpayers' Action Group? I do not
see one conservative on this list. You have made your own
recommendation, did not contain any conservatives either. But the
fact of the matter is is that this county is a conservative, voting,
republican county. Where are they? This list is loaded with
liberals.
COMMISSIONER HANCOCK: Ty, you don't know the people on that list
well enough to say that.
MR. AGOSTON: Well, I disagree with you, sir. But that's not --
allow me to -- COMMISSIONER HANCOCK: And there's a few people on that list who
should be offended.
MR. AGOSTON: Allow me to finish. You have a wonderful outlet to
express your opinions, and I am very much limited. And you do, very
eloquently, a lot better than I do, but the fact of the matter is, is
that, if you prove to me that there is anywhere near -- the majority
of this list is conservative.
COMMISSIONER HANCOCK: That's not what you said.
COMMISSIONER MAC'KIE: You said there were none.
MR. AGOSTON: Oh, I'm sorry. Maybe there is one. If there is
one, it's well hidden.
COMMISSIONER HANCOCK: You just don't know it.
MR. AGOSTON: Now, you're not going to talk me into, like --
well, I mean, there is no sense of talking about Mr. Stahlings or--
COMMISSIONER HANCOCK: We'll agree on him.
MR. AGOSTON: -- all of the other names that's on here. You
know, I mean, I could write off -- I would cite the majority here very
easily as liberals and, not just liberals, but somewhat to the extreme
level of liberalism. Not to mention that this is just one of two
controlling groups, the other one is Miss Mac'Kie's Governor's
Commission on Sustainable, and, if you read, I have said this a number
of times before, sustainable communities is nothing else but a
movement towards a one world socialist form of government.
COMMISSIONER MAC'KIE: It just happens to have nothing to do with
the Governor's Commission, but if you like that word --
MR. AGOSTON: It does not? Well, Miss Mac'Kie, I know you speak
the language better than I do. But let me assure you that I can also
read and I have read the material, and I beg to differ.
COMMISSIONER MAC'KIE: We agree to disagree about that.
MR. AGOSTON: That's super. Well, at any rate, I wanted to
express this last week, but I ran out of time, and you guys went back
after lunch, and I don't work after lunch, so I figured I'll put it
off a week late.
But I appreciate the opportunity. Thank you very much.
CHAIRPERSON BERRY: Thank you.
COMMISSIONER CONSTANTINE: Just to put a little perspective on
that, I think it was either a letter to the editor, or somewhere I
read recently from a group that Mr. Agoston would certainly consider
to be liberal, complaining because Gary Beardsley and several folks
who work with and are similar to Mr. Beardsley weren't appointed, and
they would certainly be at the opposite extreme of Mr. Agoston. So, I
think, no matter who is appointed here, folks from all backgrounds are
going to be concerned and frustrated that they weren't appointed or
that their groups weren't appointed. I understand your concern, but
you're not alone in that, nor are the conservatives alone in that.
COMMISSIONER HANCOCK: I'll bring it up in Communications, but
there's a place where this got skewed, and I'll just bring it up to
you on Communications.
Item #11 B2
CHIEF BOB SHANK REGARDING EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT
GRANTS AND MEMORANDUM OF UNDERSTANDING
MR. MCNEES: Your next speaker is Chief Bob Schank from the East
Naples Fire District.
MR. SCHANK: Thanks, Ty.
Bob Schank, Fire Chief, East Naples Fire Control District.
Commissioners, I felt it was necessary for me to address the
board today, and also to the community, to try to make some kind of
sense out of what's going on here with the East Naples Fire Department
and Collier EMS in reference to one issue, for sure, is a grant that
was submitted to the state. And I know I'm limited on my time so I'll
do my best to make the three points -- discuss three issues quickly.
First is the memorandum of understanding. In 1993 East Naples
Fire District, along with Collier EMS, entered into a memorandum of
understanding. Basically this was before memorandums were popular.
That memorandum basically discussed dispatch protocols, roles and
responsibilities of the fire department at emergency scenes,
documentation of patient care rendered by the department, and
automatic external defibrillation. The last part of that memorandum
states, "This memorandum of understanding may be amended by mutual
agreement and will be filed with the State of Florida."
We took that memorandum very seriously back in 1993. Grant you,
in 1995 some new rules came down from the state which said, basically,
you should enter into a memorandum of understanding. It wasn't
required that you have to, but you should. And East Naples did, at
that time, make every effort and, we still are, to enter into an
updated -- what we consider an updated MOU.
In 1995 Mrs. Flagg, along with Dr. Tober, came to one of our
board meetings, and we discussed some of the issues of the new MOU,
and it is true, at the end Mrs. Flagg did state that this would be no
longer valid. And we very shortly after that received a letter from
Dr. Tober, actually went to one of -- the chairman of the board of the
commissioners. It didn't come to me. But a letter did come from Dr.
Tober, and he was basically thanking us for having them there, and
discussions pursued. And his last comment said, any previous
understandings or agreements are no longer valid.
The problem we have on our side of the spectrum is, we never, to
this day, felt that our MOU was legally terminated. Even though Dr.
Tober, in a one-liner, says it's no longer, we didn't have it with Dr.
Tober. We felt we had it with Collier EMS, even though he's
affiliated with them. And there have been documentations submitted to
us, again verbally, just -- not verbally but stating, you no longer
have an MOU. We kind of took that somewhat lightly because what we
were basically looking for was something from the county saying, Dear
Chief Schank, please be advised effective this date the MOU will no
longer be recognized by Collier EMS. To us that would have been a
legal way of getting out of an agreement.
In 1997, when we went to apply for a grant, we did ask Collier
EMS for their support on this grant. One of their officials did write
back to us and did agree to support us, however, they did state in
that MOU -- and I believe it said, even though you don't have an MOU,
we support you.
Our assistant chief at that time looked at that and we said,
there it goes again, you know, same old thing. So we did -- we did
not submit that to the state, and I'll tell you why. When my
assistant chief read that letter, that document would have went with a
stack of application information. He then called the State of
Florida, HRS, to see if any changes were made at the state level. To
their record, no changes had been made. They honored our MOU. So we
chose not to send that letter and off it went to Tallahassee. No
maliciousness there or malicious intent at all.
We felt then Collier EMS had not officially sent them a notice,
even if that would have went with the packet, it probably would have
got buried in the crowd. So what we were looking for to end this mess
was just a legal document saying, you know, from Collier EMS and to
the State of Florida, stating you no longer have an MOU.
The grant we applied for was for extrication equipment. It
didn't serve East Naples Fire Department one bit, only to serve our
community better, to help extricate people from car accidents, not
only our own, but people of the world that travel through our county.
The important thing I want to bring out to the board, and also to
the community, that, under no certain terms did East Naples Fire
Department maliciously or intentionally or purposely falsify a
document to receive a grant.
CHAIRPERSON BERRY: Keep going.
MR. SCHANK: Okay. And hopefully we can resolve that. This has
gone so far, it's already in the hands of the Inspector General at the
state level. A letter was sent from Collier EMS requesting some kind
of an investigation into this. So here we are with that. Hopefully we
can work through it.
COMMISSIONER CONSTANTINE: Just before you go on, Bob --
Mr. Weigel, would I be correct in assuming that Dr. Tober doesn't
have the authority to terminate agreements on behalf of Collier
County?
MR. WEIGEL: The general answer is yes. Of course, we typically
look at the agreement itself and see if there's any kind of
delegations there. I haven't seen the agreement. I do know that it's
there, of course.
COMMISSIONER CONSTANTINE: Thank you.
CHAIRPERSON BERRY: Commissioner Norris.
COMMISSIONER NORRIS: Chief Schank, did I understand you
correctly when you said that your MOU there says it can be terminated
by mutual agreement?
MR. SCHANK: It doesn't say "terminated". It said may be
amended.
COMMISSIONER NORRIS: Amended by mutual agreement?
MR. SCHANK: And we looked at this new information as something
that would amend this one. No more, no less.
COMMISSIONER NORRIS: I guess a termination is an amendment. I
guess that's probably a question for our legal department here.
But did East Naples Fire Department ever agree to terminate it?
MR. SCHANK: No. No.
COMMISSIONER NORRIS: Mr. Weigel, what do you think that means?
COMMISSIONER CONSTANTINE: I don't think Collier ever agreed to
terminate it.
MR. WEIGEL: Again, typically we look at the parties in chief,
whether it's Collier County by and through its Board of County
Commissioners, signed off by a chairman, things of that nature, as a
general background there, looking to the county interest. And, of
course, we'll review the other interest too and the signatory
abilities of and authority of the persons purporting to amend or
change an agreement in the future.
We, in our general contract review, have, without other specific
language to the contrary, we generally consider that the word "amend"
would include to terminate, or add or addend, all of these things, to
change the contract. So, if there's no other limiting or
supplementing language there, the authority would appear to be through
that terminology, to terminate the contract by mutual agreement.
COMMISSIONER NORRIS: So, since the East Naples Fire Department
has not agreed to terminate the contract, there is at least a
substantial legal argument that the contract is -- the MOU is still in
existence?
MR. WEIGEL: Well, I certainly haven't seen the agreement, but I
think that that is the logical conclusion at this point.
MR. SCHANK: And this what we've been saying all along, that we
just feel that there's two entities that have both sides of their
story, and how it got to where it's at, Lord knows, but here we are.
CHAIRPERSON BERRY: Commissioner Mac'Kie?
MR. SCHANK: But I did want to clear that up, at least for the
record.
COMMISSIONER MAC'KIE: One thing that I would -- I asked you
about, and I haven't, since we just talked yesterday, had the chance
to investigate this myself, but I do have a recollection, and I don't
know if either staff people do, of this exact question being in front
of the county commission and the answer was given by this board that
there's not an -- we acknowledged, the board acknowledged that there
was not a memorandum of understanding with a fire district. I think
your district is the only district that -- with which we don't have an
MOU.
MR. SCHANK: Golden Gate also.
COMMISSIONER MAC'KIE: I'm sorry?
MR. SCHANK: Golden Gate also, and Immokalee.
COMMISSIONER MAC'KIE: Maybe it was Golden Gate.
Tim, do you remember that?
COMMISSIONER CONSTANTINE: I don't recall.
COMMISSIONER MAC'KIE: Yeah. Well, we did have that discussion,
and I'll look back and pull out the minutes, because that, obviously,
is going to be part of this whole discussion, and I'm not going to
interject myself between you and your state agencies and don't intend
to do that and have no interest in doing that.
But for my own recollection I do want to look back and see what
was the nature of that discussion.
MR. SCHANK: There's a good possibility the board may not have
even known we had an MOU with Collier EMS, so -- the bottom line here
is that we have two agencies that each feel strong in their own
opinion, and it's just unfortunate it got to the point where -- you
know, and there's some perception in the papers. And we all know how
that can be interpreted, you know, "Bob Schank falsified a document."
And that's just not true. And I just wanted to clear that up with the
board and with the public the best way I can.
CHAIRPERSON BERRY: Commissioner Hancock.
MR. SCHANK: The second issue is --
COMMISSIONER HANCOCK: Bob, just on that first issue -- and,
Mike, if you would take this back, it's a question I have.
You said the grant was for extrication equipment?
MR. SCHANK: Yes, sir.
COMMISSIONER HANCOCK: That's equipment that is carried
exclusively by the fire service and not by an EMS unit? MR. SCHANK: Right.
COMMISSIONER HANCOCK: That's the equipment that is necessary to
get somebody out of a vehicle -- MR. SCHANK: Absolutely.
COMMISSIONER HANCOCK: -- so that EMS can do their job?
MR. SCHANK: Yes.
COMMISSIONER HANCOCK: I guess what concerns me about all of this
is, whether we have an MOU or not, whether the legal question is yes
or no to that, the involvement of the EMS chief in, quote, unquote,
requesting an investigation --
MR. SCHANK: I'm not sure it was the EMS chief who requested
that. It came from --
COMMISSIONER HANCOCK: Okay. I'm going on what you said. Again,
many times we hear comments and I want to get the answers one way or
the other, but just the level of involvement of our EMS department in
a grant application for equipment that is beneficial to the general
public. If we can't help, we should remain silent, is my personal
opinion on something like that.
COMMISSIONER MAC'KIE: Tim, they did write a letter of support.
Please note that.
COMMISSIONER HANCOCK: Understood, and it wasn't included. I
understand all the things Bob has said. My question is, you know, why
are we -- why are we involved and to what level has our EMS department
been involved. If it doesn't involve the county, we should stay out
of it. If it does involve the county, fine, but I would just like Mr.
Fernandez to take a look at that, simply because, I get offended when
a fire chief -- and it happens more recently than not -- interjects
himself into the operation of our Emergency Medical Services
Department. It's not his job to do.
I get equally frustrated if I hear about anyone in our county EMS
department interjecting themselves in the fire service. We work so
well on scene when it comes to patient care. The line personnel work
so well. If we could get the administrators and get boxing gloves on
and let you beat the heck out of each other for a while, maybe that
would go away and we would continue doing the fine job everyone's
doing. That doesn't seem to be happening.
COMMISSIONER MAC'KIE: I think it's real important to note,
though, as -- and I know Chief Flagg is in the room, and she could
come and answer that question, you know, but it's more appropriate for
it to go through the channels of the county administrator to
communicate with us -- having looked into it a little bit myself, I
want you to know that, in my opinion, what I saw was support by EMS
for the grant request, and it was, please give them this grant
request, and, by the way, we don't technically have an MOU. I'll
leave it at that.
MR. SCHANK: I don't even believe at that era, that time that an
MOU was required to get a grant.
COMMISSIONER HANCOCK: That may very well --
COMMISSIONER MAC'KIE: All of those are legal questions and we'll
leave it for the lawyers.
COMMISSIONER HANCOCK: I'm just asking forthe county
administrator's office to look at what our involvement has been on
this and whether it was appropriate or not, and I'd like to know that.
MR. SCHANK: Second of all, a second point -- I would like to
move on real quickly -- I -- just to show that East Naples Fire
Department is still wanting to be involved in an MOU. I have a young
fire fighter that has a lot of energy, and these are the people of the
future, of our district and the county. And he asked to get involved.
And I asked him -- and I told him, that would be great -- and his name
is Joe Cradle (phonetic). He put together a document for our
department, which addresses an MOU.
Now, this is by no means an attempt to throw a wedge into what's
already out there. But we feel that this MOU is a nonpolitical
document and it really does address patient care, and we would like
Dr. Tober and Collier EMS to look at this. And even though one of
their arguments may be, "Well, Bob, that's great and this is wonderful
but it's not what everybody else is doing." I believe that EMS and
fire are at a threshold of change and we're all waiting for that
millennium to come around, and who knows what the future holds. I
feel we should all be very open minded to anything that comes by, and
if something's better, let's do it.
The City of Naples is looking at a partnership with EMS. We're
going to stand back and watch that. We're not criticizing, we're not
downing it, let's just watch and see what happens. There is really --
like I said -- and that's what this is all about. I sent it to each
of you and also to Dr. Tober. That is jam-up memorandum of
understanding. It puts a lot of more responsibility on me as a fire
chief to make sure my department stays up to par with what's out
there. And that's that part.
COMMISSIONER MAC'KIE: Bob, I spoke to Dr. Tober briefly last
night and he said he hadn't seen it yet but that he was more than
willing and open minded to look at, you know -- what he's concerned
about is the medical protocol, and that's what --
MR. SCHANK: That's all -- in this document it gives Dr. Tober all
the authority and power he needs. All we're doing is making it
somewhat of an in-house project. We call it an EMS department. It's
by no means a move to take over EMS. It's no different than my Hazmat
team and my dive rescue team. It's just another division to hopefully
make our department a stronger department at a medical scene.
The third point, and I'll just do this briefly, if I can. I
think it's probably the most important to me. A comment was made in
the paper, and it came from Commissioner Mac'Kie, that Mrs. Flagg and
Dr. Tober should not be attacked because they will not allow sloppy
medicine on the emergency scene.
I don't know what you were thinking of at the time, but I would
like to address this, and I don't mean to tell war stories or anything
like that, but I've got to come here to bat for my department, because
I believe in my department. There's a logo on our trucks, and that
logo simply says "A matter of pride." We believe in that logo, each
and every member, from the fire commissioner all the way down to the
fire fighter that backs in the door. We believe in that pride.
Three or four weeks ago a fire occurred a Riviera Colony in the
middle of the night, and it was in a mobile home. It was fully
involved, three-fourths involved, and my men knew that there was a
victim inside. The firefighters went through that wall, just like you
see in the movies, of fire, and, I can assure you, that for that
moment of their life, everything that those firefighters believed in
and everything they stood for was put aside, their wives, their
family, their children, because they knew there was someone inside.
They went in that building approximately five to ten feet and fell
through the floor, the floor gave way. Now, they didn't fall two
stories but they could have very easily broken a back, broken a leg or
even been trapped. They got out of that mess and went a little bit
further and they had to retreat because the fire was so hot it burned
a hole in their hose.
Commissioners, that's pride. They had to retreat and,
unfortunately, we were unable to save the victim. This is what East
Naples Fire Department's all about.
The flip side of it, to address the emergency scene, East Naples
Fire Fighters, along with Collier County EMS have worked on head-on
collisions where the fire department has extricated while EMS treated
the patients, together. The main objective is to save a life.
I have witnessed cardiac arrests and partaken of where
firefighters from East Naples have knelt next to Collier EMS,
assisting them. And that's what our role is. And that's important to
the community. We're there to assist EMS, under basic life support
training.
It's gotten -- you give Phoenix awards up here every so often. I
don't know how often, but it used to be that when the medics got those
Phoenix awards for saving a life, and I think it's somewhere between
twenty-two, twenty-seven percent, they used to at least mention and
thanks to the firefighters who were partaking of that, they were part
of that percentage. It's so darn political anymore the only ones that
get recognized are those who are in this three member concept.
Well, that doesn't necessarily work with all the districts, and I
have my reasons, and it's not because I don't want to work with EMS,
it's an operational decision. It has to do with manpower. But never
ever, ever, ever has the firefighters of East Naples refused to get
into the back of the ambulance to assist Collier's medics on the way
to NCH with a traumatic patient or a combative patient, never. That's
our part of the three-member concept. We go when we have to to save a
life, working together with EMS.
COMMISSIONER MAC'KIE: Could I comment at this point? I just --
I want to say publicly what I've said to you privately already and
that is, thank you very much for giving me the opportunity to
apologize to your firefighters, because I said something that I
intended my -- in my mind, I was thinking about the administrative
problems --
MR. SCHANK: Sure.
COMMISSIONER MAC'KIE: And that technicalities, as Commissioner
Hancock was talking about, maybe we need to let the administrators
fight it out. But I sincerely, sincerely apologize to your
firefighters, because I would never, ever malign their work. I have
the highest respect for their work.
MR. SCHANK: Appreciate that.
COMMISSIONER MAC'KIE: And know that they are above any reproach
and do a phenomenal job for this county. So publicly, officially, I
sincerely apologize.
MR. SCHANK: I'm sure they will accept that.
You know, I'm the fire chief. They can put my name in the paper
and they can show you a picture of me. When I put on the badge,
that's the responsibility I take, whether it's good news or bad news.
But I must assure the public that, as far as this fire chief is
concerned, East Naples firefighters are the best of the best, second
to none, and they give their all all the way.
And I would like to thank you for your time and hearing me out on
this and I hope we can resolve some of these issues in the very near
future. Thank you.
CHAIRPERSON BERRY: Thank you very much.
(Applause.)
CHAIRPERSON BERRY: I think many times just sitting down and
talking, we can certainly solve some of the problems and
misconceptions that are out in the public. And, unfortunately, some
of the things somehow get misconstrued through the media, through
really maybe no fault of any persons, but it happens to happen that
way. And I appreciate the fact that you came this morning and spoke
to us, and I think you certainly clarified some issues.
I have to say, personally, that I've always found Chief Schank to
be very open and very cooperative in any conversations that I have had
with him.
So I thank you for that and thank you to your firemen as well.
Item #11 B3
FRED JOHNSON REGARDING EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT AND
SEPARATION OF FIRE CONTROL AND EMS
MR. MCNEES: You have one more speaker. Fred Johnson.
MR. JOHNSON: Good morning. I'm Fred Johnson. I'm one of the
fire commissioners for East Naples Fire Control, and what I'm about to
mention could possibly have been a typo of some sort, but my -- and
these things were listed in the newspaper on April 4th, 1998.
Statements that were made by -- and I'm not saying this to get anybody
mad at me. I'm trying to iron this stuff out.
These statements were made by Commissioner Berry, Commissioner
Mac'Kie and Dr. Tober. Chief here pretty much went over the
situation, sloppy medicine in the field, because, as a commissioner
there over the last six years, I have never received any documentation
of us doing sloppy medicine in the field. So if there is some, they
need to get that to us, but I've never seen it.
The other instance here that was mentioned by Dr. Tober, and I
can understand his concerns, that he is very concerned about the
training that our staff has, but our staff is state licensed. I mean,
they go to the same courses the EMT and paramedics go to, they take
the same state exam. So, his statement just looks like it is creating
some additional worries out there to the public. The way Dr. Tober is
saying that, it's his license in Collier County that are open to
liabilities if first response standards from firefighter medics aren't
at the level they should be.
Again, I have not received anything from Dr. Tober stating that
our personnel is not at the proper level, and I would love to see an
in-house, ongoing working relationship and training with Dr. Tober.
Hopefully we can get that all ironed out. But again, these are
statements that pretty much rattle the public.
The last issue is with Commissioner Berry, and this one I'm
considering -- it's probably got to be a typo. But in the same
newspaper article, it quotes that Commissioner Berry stated, they are
looking for other areas to justify their existence.
CHAIRPERSON BERRY: Oh, I'll be happy to clarify that.
MR. JOHNSON: Okay. Well, let me -- East Naples Fire Control and
Rescue district ran 5,268 calls last year, and we responded to 273
fires. So my question is --
CHAIRPERSON BERRY: You just answered my own question.
MR. JOHNSON: We don't need to justify our existence.
CHAIRPERSON BERRY: Well--
MR. JOHNSON: This is what I'm saying.
CHAIRPERSON BERRY: The question that you're lifting that out of,
unfortunately, when you take things out of context '- MR. JOHNSON: Well, see --
CHAIRPERSON BERRY: No, no, no, no. It was in the paper and it
was exactly said, but you aren't getting the whole picture of the
whole article.
MR. JOHNSON: That's why I'm here.
CHAIRPERSON BERRY: Absolutely. The article that was written had
to do with the involvement of EMS and fire. Okay? MR. JOHNSON: Right.
CHAIRPERSON BERRY: And when I said what I said, what it happened
to be is, I think fire departments have done a tremendous job when it
comes to fire and the training of people and the community and telling
people about how to do preventative kinds of things. You have done an
excellent job, and I have made that point time and time again. But
the bottom line is, when the public starts looking at what fire
departments do, and they see that there are -- how many fires calls
did you say?
MR. JOHNSON: 270 structural fires.
CHAIRPERSON BERRY: 270 structural fires.
MR. JOHNSON: No. I'm sorry. 270 fires.
CHAIRPERSON BERRY: Okay. 270 fires. Out of that, how many
could be structures, how many could be wild fires, how many could be
MR. JOHNSON: 87 were structure fires.
CHAIRPERSON BERRY: Okay. That's a pretty darn good number, if
you look at it. Does that justify the continued response and having
people full time doing just that? And the public can look at this and
say, well, that's nice to have them available for fire, what else
could they do to be able to justify the budgets that are used in the
fire departments? I'm not saying it's bad, but I'm saying that, if I
were -- if you're looking at this from a business standpoint, don't
you think that people would start looking in terms of what other kinds
of things could they do?
MR. JOHNSON: May I have an extension on time, please?
CHAIRPERSON BERRY: Sure. I'll give you an extension on time.
MR. JOHNSON: Okay. How many structures fires is enough?
CHAIRPERSON BERRY: One is too many, but '-
MR. JOHNSON: One structure fire --
CHAIRPERSON BERRY: But that's not the way the public views this,
sir.
MR. JOHNSON: Well, see, this is what I was going bring up next
is -- to answer that question we have to educate the public, because
one house on fire justifies a fire department. But --
CHAIRPERSON BERRY: And we're not -- I'm not denying that. What
I'm saying is that as long as you have people who are sitting in that
station waiting for that one fire, and you're also saying -- how many
medical calls did you go on?
COMMISSIONER MAC'KIE: 2,000.
MR. JOHNSON: I've got it over here.
COMMISSIONER MAC'KIE: About 2,000.
MR. JOHNSON: We went on 3,168.
CHAIRPERSON BERRY: Why wouldn't they want to be trained to be
able to take care of medical calls at the same time Dr. Tober has --
and as he is the current medical director, he has to train these
people. And not only do you go through training, a one time going
through the course, it is an ongoing training, the same thing that
doctors have to go through. You don't learn how to put an IV in one
time and then don't ever do it again for six months or a year. You
lose -- it's a technique that you have to continue to keep up to
speed. You don't intubate someone and do it one time in a practice
and then never do it again.
MR. JOHNSON: I agree with you.
CHAIRPERSON BERRY: Okay. That's what this whole thing is all
about, sir.
MR. JOHNSON: Well, that might be what it's all about, but, as I
say again, it was the statement that was made --
CHAIRPERSON BERRY: Absolutely.
MR. JOHNSON: -- that I disagree with.
COMMISSIONER HANCOCK: Mr. Johnson, you asked her to clarify her
statement and she did.
MR. JOHNSON: She did. It's still not clear to me. I understand
the training --
COMMISSIONER HANCOCK: Then you need to talk to her out of this
meeting because it's very clear to me.
CHAIRPERSON BERRY: That's right. Then you need to call me. Up
until this moment you have never called me. MR. JOHNSON: Right.
CHAIRPERSON BERRY: You have never made an appointment to come
and see me. My telephone is available and I am available. Ask any
one of these commissioners.
COMMISSIONER HANCOCK: Well, we can't call you, but --
CHAIRPERSON BERRY: I am always available. Any one of these
commissioners are available to answer these questions, and it would
have been much better in that arena than in this arena.
MR. JOHNSON: Well, no, I wanted to make this as public as
possible.
CHAIRPERSON BERRY: I think you did.
MR. JOHNSON: Thank you.
But, in conclusion, we have a lot of holidays and that type of
thing honoring special people in this county, and I would like to ask
the board to consider having a day set aside for the people that do
such tremendous work, your Sheriff's Department, your fire department,
your emergency medical people, your Naples Police Department.
CHAIRPERSON BERRY: We do.
COMMISSIONER MAC'KIE: We have Emergency Services week, I think
it is.
MR. JOHNSON: Okay. That we actually say thank you to everybody.
CHAIRPERSON BERRY: We do.
COMMISSIONER MAC'KIE: We do have that. It includes the
firefighters, EMS, police--
COMMISSIONER HANCOCK: Law enforcement.
COMMISSIONER MAC'KIE: -- law enforcement.
MR. JOHNSON: Thank you. Great.
COMMISSIONER MAC'KIE: Yeah. Code enforcement too?
CHAIRPERSON BERRY: Thank you.
Any more speakers?
MR. MCNEES: No, ma'am.
CHAIRPERSON BERRY: Okay. That concludes that portion of the
agenda.
Moving on then to the afternoon session at this -- I think we
need to -- you want to take a few minute break?
COMMISSIONER MAC'KIE: Heck, we've just got one thing left, don't
we?
CHAIRPERSON BERRY: We have the consideration of impact fee
ordinance and I don't know ifthat's --
COMMISSIONER NORRIS: That's going to be a quick one.
COMMISSIONER MAC'KIE: It's going to be quick, I think.
COMMISSIONER NORRIS: Can you wait five minutes? We'll be done
in five minutes, I bet.
COMMISSIONER MAC'KIE: Fifteen.
Item #12C1
ORDINANCE 98-30 CREATING THE IMPACT FEE ORDINANCE FOR THE ISLES OF
CAPRI AND THE OCHOPEE FIRE CONTROL DISTRICT - ADOPTED
CHAIRPERSON BERRY: Okay. We'll move on then to the
advertised public hearing section. Creation of a impact fee ordinance
for the Isles of Capri and the Ochopee Fire Control Districts.
COMMISSIONER NORRIS: Mrs. Chairman, we've been working on this
for a couple of years. No matter what we intend to do relative to
possible changes in how we administer those districts or whether they
go independent, they are going to need impact fee ordinances for
capital improvements in the future. So, either way it goes, I think
we should just go ahead with the creation of the impact fee ordinance,
and, if there's no public speakers, if you'll close the public
hearing, I'll so move.
CHAIRPERSON BERRY: I will close the public hearing.
COMMISSIONER NORRIS: And I will so move then.
COMMISSIONER CONSTANTINE: Second.
COMMISSIONER MAC'KIE: Second.
CHAIRPERSON BERRY: We have a motion and a second to go forward
with an impact fee ordinance for the Ochopee and Isles of Capri fire
control districts.
No further questions?
All in favor?
Opposed?
(No response).
CHAIRPERSON BERRY: Motion carries 5-0.
Wonderful presentation.
COMMISSIONER NORRIS: Thank you forthat presentation.
COMMISSIONER MAC'KIE: Great job.
UNIDENTIFIED SPEAKER: Thank you, Commissioners.
COMMISSIONER NORRIS: That's the kind we like.
COMMISSIONER HANCOCK: We still have three minutes left on that
five minute item.
Item #14
VIDEO ENHANCEMENTSTO BE MADEINBCC BOARDROOM
CHAIRPERSON BERRY: Okay. Well, then we'll go -- any staff
communications?
MR. MCNEES: I'll take one of those minutes.
Just to let you know, sometime shortly after the close of this
meeting the contractor will begin work on the enhancements that we're
making in the board room spending the cable franchise money that you
received to install some of the video enhancements, so you'll see that
work beginning.
COMMISSIONER NORRIS: The AI Perkins modifications, you mean?
MR. MCNEES: Yes.
COMMISSIONER MAC'KIE: Paid for not with tax one.
MR. MCNEES: Right. You'll begin to see that work this week, so
you know what's happening in the board room.
COMMISSIONER CONSTANTINE: Well, not with ad valorera tax money.
CHAIRPERSON BERRY: You're taking too much time, Commissioner.
COMMISSIONER MAC'KIE: It was a fee.
MR. MCNEES: That would be all.
Item #15(1)
DISCUSSION REGARDING CODE ENFORCEMENT LIENS - COUNTY ATTORNEY TO
PRESENT REPORT AT 4/28/98 MEETING
CHAIRPERSON BERRY: Okay. Commissioner Mac'Kie, you said you had
a couple of items.
COMMISSIONER CONSTANTINE: It's not a tax, it's a fee.
COMMISSIONER MAC'KIE: Just two little communication things.
No. It's a fee that MediaOne paid, Tim, okay?
COMMISSIONER CONSTANTINE: I know.
COMMISSIONER NORRIS: Where did they get the money?
COMMISSIONER MAC'KIE: They can't pass it on to the rates. It's
in the agreement. Read the agreement, guys.
Two communications items, both for the county attorney. One is,
Mr. Lorenzo Walker was here some time ago in a process of a problem
that we have with code enforcement liens. What's the status of
resolving that problem? We were going to try to get a firm to do bulk
title insurance for us and get a good rate, and, you know, what's the
status?
MR. WEIGEL: Well, I tell you, Miss Ashton, who just left, could
tell you exactly what the status was, but we have -- I know I have
spoken with her some time ago in regard to the finishing off the item.
If you would like, I would probably need to either report to you or to
the board next week definitively.
CHAIRPERSON BERRY: Okay. Is that all right with you,
Commissioner?
Item #15(2)
DISCUSSION REGARDING STATUS OF REPUBLICAN PARTIES PROPOSED ETHICS
ORDINANCE
COMMISSIONER MAC'KIE: That's perfect.
And the other just a question about the status of the Republican
party's proposed ethics ordinance. I know --
COMMISSIONER HANCOCK: I have not been contacted. Chairman Hardt
knows to forward it to me and I will then bring it to the board as
soon as I receive it. As a matter of fact, I will give Fred a call
today and find out where that is because I expected to have it for
today, but I just haven't received it, so I'll give him a call.
COMMISSIONER MAC'KIE: I was hoping, too, that, before it came to
the county commission, of course it would go through the county
attorney, for their comment and just FYI, in case you don't know this,
Ken Cuyler on behalf of the City Council, Fred Coyle, in particular is
drafting an ordinance similar, but in some ways quite different that
might be worthy of our also looking at as we go forward making these
kinds of decisions.
COMMISSIONER HANCOCK: I think before we expend the county
attorney's time he needs to receive direction from the board --
COMMISSIONER MAC'KIE: About whether or not to look at an
ordinance?
COMMISSIONER HANCOCK: About where to go. Direction from the
board, period. Because--
COMMISSIONER MAC'KIE: I see.
COMMISSIONER HANCOCK: -- one thing to remember is, if -- and you
weren't there at the meeting -- but Chairman Hardt did say that
they're not saying this is the perfect ordinance but this is --
COMMISSIONER MAC'KIE: Right --
COMMISSIONER HANCOCK: -- a starting point and we do need to have
an ordinance and whatnot, so I think we need to have the benefit of
that discussion amongst ourselves, and then give a single direction to
the county attorney and whatnot so that we're not working on several
different fronts.
COMMISSIONER MAC'KIE: Of course. So the plan here is, when you
get that ordinance from the party, you're going to bring it to the
board for our consideration and direction to the county attorney about
where to go from there?
COMMISSIONER HANCOCK: Correct, direction as appropriate. That's
correct.
COMMISSIONER MAC'KIE: I see. Thank you.
COMMISSIONER CONSTANTINE: I would think if other commissioners
have other suggestions that might be dealing with the same topic that
might be the appropriate time too, so we're not focused on one single
written document.
CHAIRPERSON BERRY: Sure.
COMMISSIONER MAC'KIE: Yeah. My idea was just that I wanted to
be sure that Mr. Weigel gets to see that ordinance as well, and I'm
sure that you will, if we give you that direction. CHAIRPERSON BERRY: Okay.
COMMISSIONER MAC'KIE: Okay. Thanks. I'm done.
CHAIRPERSON BERRY: Commissioner Norris.
COMMISSIONER NORRIS: No.
CHAIRPERSON BERRY: Commissioner Constantine.
Item #15(3)
DISCUSSION REGARDING ADG COMMITTEE
Commissioner Hancock?
COMMISSIONER HANCOCK: The Army Corps of Engineers makeup of that
-- of the ADG study, just so everyone knows, I received the names
preliminarily, had discussions with the Corps. And you may remember
we were thinking a third, a third, a third. What happened is when the
Corps of Engineers bumped the committee up thirty people, we had only
made seven recommendations and two alternatives, two alternates. When
they bumped it up to thirty, what they did is they basically did that
to place regulatory individuals on there. Some of those are good,
such as Department of Agricultural, some of them may not be seen as so
good, such as Environmental Protection Agency. And, unfortunately,
most of them were weighted on the environmental side.
That, in my opinion is where the committee got skewed, when they
bumped it to thirty and put the regulatory individuals on there. We
only have, I think, three Joe citizens or Martha citizens, so to
speak, on the committee. The rest are all professionals in one way,
shape or form. So let's just keep a watchful eye on this. But that's
how the balance got skewed, in my opinion. I expressed that I was
happy with that. I made recommended changes. I made recommendations
for changes and some were heated and some were not. So I am, again,
keeping an eye on that, and I think that's where the skewing occurred,
unfortunately.
COMMISSIONER CONSTANTINE: Well, and the disappointing thing is,
regardless of what the rationale is, the Corps at our meeting where
all three bodies met, us, Lee County and the Corps, didn't object at
all to the one-third, one-third, one-third. And then in the back
rooms in the privacy of their own meetings decided that they would
skew that. So again, some of the distrust has come about for a reason
and is only being reinforced.
COMMISSIONER NORRIS: I think the correct terminology is
delusion.
Item #15(4)
DISCUSSION REGARDING EMS & FIRE DISTRICTS IN COLLIER COUNTY
COMMISSIONER HANCOCK: And just quickly, on the fire/EMS issue,
you know, people need to get off the public band wagon on this thing.
The bottom line is, we have the best EMS department in the State of
Florida. They are not just trained, but -- my secretary's daughter is
going through EMS paramedic school in Tampa. They've heard of Tober.
They call it being Toberized when you come to Collier County because
the level of training that has to be maintained by our people. So all
talk about fire and EMS combining and whatnot, to me, the bottom line
is that we have one of the highest cardiac rehabilitation rates in the
State of Florida. I'm not willing to do a single thing to sacrifice
that rate, point blank. If it can be integrated and done well, then
I'm going to listen to Dr. Tober from the training perspective and
Chief Flagg or other EMS officials on the operational side, period.
So if anyone has any doubts or questions about that element,
that's as clearly as I can state it.
COMMISSIONER CONSTANTINE: Dr. Tober's training may be excellent,
but he needs -- his remedial role is how to deal with the public,
because he doesn't set policy, and he certainly doesn't have the
authority to terminate things, and if, purposefully or not, if he's
doing that, he needs to correct that. So, if -- his training may be
excellent and we certainly -- that's the most important thing we are
doing, but I think some of this confusion among the public could have
been avoided had Dr. Tober spoke directly with the board instead of
expressed opinions on what policies should be via the newspaper
instead of ever coming to us with it.
CHAIRPERSON BERRY: Well, Commissioner Constantine,
unfortunately, this is what happens when I think the media was
involved in this particular issue and we certainly are accustomed to
dealing with the media, and that's part of what we do and what we're
required to do. I'm sure that in the situation with Dr. Tober, he's
just dealing from a standpoint, he certainly wasn't looking from the
political aspects and he wasn't looking at the public kind of
perception. His is purely from a medical point of view, right or
wrong. I'm not going to be one that's going to step out here and
condemn this individual. That's not his role and I don't believe that
his intent was to get involved in the political fray of what's going
on. And, I guess, if you want look at my defense of Dr. Tober, I will
certainly take that defense, because I think that he's done an
admirable job. And if I were the victim laying waiting there to be
resuscitated, I certainly want someone who is well trained and can
trust that individual to be trained by him and I think he recognizes
the importance of ongoing training, and I think this is -- there's so
much that has been made public about this, through not necessarily the
Board of County Commissioners, but we have other individuals in the
county who are making this a point and they're doing it for a very
good reason and it--
COMMISSIONER HANCOCK: And with misinformation.
CHAIRPERSON BERRY: Absolutely. And, unfortunately, it's put all
of us in a situation that this has become highly political, and it
really is an area that should not be, in my opinion, because what's
going to happen and I -- you know, it ends up that somewhere it sounds
like the care is going to be compromised. However, I trust in the
individuals who are doing this training, Dr. Tober and the paramedics
that take their jobs very seriously, that they're not going to bend,
you know, to sacrifice the quality that they are trained to do.
COMMISSIONER MAC'KIE: They are above the politics.
CHAIRPERSON BERRY: On the other hand, there are a number of
people in the community who would like to discredit the EMS
department, in my opinion. And that's -- I really resent that, and
I'm not attacking fire departments. That has nothing to do with it.
I've received phone calls and --
COMMISSIONER HANCOCK: We'll see how that reads in the paper.
CHAIRPERSON BERRY: Well, I'm not attacking fire departments but
I'm getting tired of us being brought into it that we're the bad guys,
that, you know, this is what we're trying to do, that we're trying to
do this. And I resent that, because that's not the situation. And I
think others out there have certainly a different agenda.
COMMISSIONER CONSTANTINE: Well, again, to reiterate my point, I
don't have any concern about the training that's done or the practice
of our EMS professionals, but you made the point that is not his role,
talking to the public and talking to the newspaper.
CHAIRPERSON BERRY: No. But when the newspaper calls, I'm sure
the questions that are asked, he's going to just answer them as most
people do. It's not until you get in this business that you learn to
be a little '-
COMMISSIONER CONSTANTINE: That's fine. If I can finish my
point? The '-
CHAIRPERSON BERRY: Maybe.
COMMISSIONER CONSTANTINE: If the newspaper calls, that's one
thing. Writing a letter to the editor is a whole different thing.
That didn't require '-
CHAIRPERSON BERRY: But that was not policy, Tim.
COMMISSIONER CONSTANTINE: And again, it states the county
policy, it talks to the public. It is in the public, and when they
read his name and his title, they expect that that must be our policy.
CHAIRPERSON BERRY: I didn't read it that way.
COMMISSIONER CONSTANTINE: So I'm not questioning -- you and I
may not read it, but John Q. Public, when they see that name and that
title, it may raise some concern. My point being, the training and
the level of service is not a concern, but you're absolutely right
when you say that's not his area. And apparently he needs to be
reminded of it, that the public policy area is not his, and
communicating to the public on those issues is not his area.
COMMISSIONER HANCOCK: Wouldn't that fall under the county
manager?
COMMISSIONER CONSTANTINE: I hope so. And I have sent a letter
to the -- memorandum, saying exactly that.
CHAIRPERSON BERRY: Well, in the future, probably the best thing
that Dr. Tober could do -- and he certainly can speak for himself,
he's a very capable individual but -- and he certainly doesn't have to
address the public through the newspaper. And probably his best
stance would be to say 'I'm sorry. If you want to talk about this you
go through the county," and that he really doesn't have time to be
bothered with it.
COMMISSIONER MAC'KIE: Yes.
CHAIRPERSON BERRY: And if I were him, that's exactly what I
would do.
COMMISSIONER NORRIS: Well, that's what any of our county
contract employees should do.
CHAIRPERSON BERRY: Well, but, unfortunately, as you well know,
people get goaded into doing things that they maybe normally would not
do otherwise. Because they feel that '-
COMMISSIONER CONSTANTINE: Like unsolicited letters to the
editor.
CHAIRPERSON BERRY: Because they feel like they have to answer,
and they certainly don't.
COMMISSIONER HANCOCK: The key to avoid being bitten is to become
an experienced snake handler.
CHAIRPERSON BERRY: Exactly right.
COMMISSIONER MAC'KIE: Well, the fact of the matter is, Dr.
Tober, for very little remuneration -- I mean, he is just not in this
for the money, he's in this because he cares and he's committed, and
it's just not fair for anybody to malign him in any kind of public way
when -- I pray that he remains, and I trust that he will remain
committed to this program, because he is the key, the lynch pin to
making our EMS department the award winning and best top notch that it
is.
COMMISSIONER NORRIS: Nobody is calling into question either the
training or the operation or the professionalism of our EMS
department. It's not the point at all. The point is that Dr. Tober
is not in a position to make policy but yet he tends to think that he
is.
COMMISSIONER MAC'KIE: I don't think so.
COMMISSIONER CONSTANTINE: He gives the public the impression
that he is.
COMMISSIONER HANCOCK: Rather than us--
COMMISSIONER MAC'KIE: I think that's some people's impression, I
don't think it's --
COMMISSIONER NORRIS: Did you read the letter that he --
COMMISSIONER MAC'KIE: Certainly I did.
COMMISSIONER HANCOCK: Rather than the five of us --
COMMISSIONER NORRIS: There was policy decisions all through it.
COMMISSIONER MAC'KIE: I disagree.
COMMISSIONER NORRIS: And you know it.
COMMISSIONER MAC'KIE: I disagree.
COMMISSIONER HANCOCK: If I could ask, rather than the five of us
getting into a kind of a war of words about what we do or don't agree
with, I think we've all agreed that it is the role of the county
administrator, to recognize the function of setting policy is that of
the board and the carrying out of that policy is that of the
administration. And if there's a either contract employee or whatnot,
I think it's the county administrator's role to reinforce that
relationship, those individuals, and let him do that, if need be.
He's already received a request, I think from Commissioner Constantine
and Commissioner Norris on that. And let's just recognize our roles
and stay in them.
COMMISSIONER MAC'KIE: Let's also, though, be careful, as you
guys are so often to remind me, that the board should speak as a board
when it gives direction to county employees. I trust that Mr.
Fernandez also knows that he's gotten direction from two members of
the board and that that is not direction from the board, as you remind
me with some regularity. Certainly it is our jobs to communicate with
the county administrator, and each of us individually do that when we
see something that we consider a problem, but I don't want the memos
from two members of the board to be perceived to be direction from the
board, as you guys regularly remind me.
COMMISSIONER HANCOCK: If Mr. Fernandez has a lack of clarity,
he'll bring the item back to this board and seek direction.
COMMISSIONER MAC'KIE: I don't doubt it.
CHAIRPERSON BERRY: Good answer. Let's go home.
..... Commissioner Hancock moved, seconded by Commissioner Constantine
and carried unanimously, that the following items under the Consent
Agenda be approved and/or adopted: .....
Item #16A1
RESOLUTION 98-102 GRANTING FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE,
WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "EMBASSY WOODS GOLF
AND COUNTRY CLUB AT BRETONNE PARK PHASE ONE" - WITH STIPULATIONS
Item #16A2
RESOLUTION 98-103 GRANTING FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE,
WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "EMBASSY WOODS GOLF
AND COUNTRY CLUB AT BRETONNE PARK PHASE TWO" - WITH STIPULATIONS
Item #16A3
RESOLUTION 98-104 GRANTING FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE,
WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "HIGHLANDS HABITAT"
- WITH STIPULATIONS
Item #16A4
WITNESSES TO BE HIRED IN THE ENVIRONMENTAL SCIENCE AND ENGINEERING
FIELDS TO SUPPORT COUNTY STAFF'S DEFENSE IN AN ADMINISTRATIVE HEARING
WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
Item #16B1
ACCEPTANCE OF CORRECTIVE BILL OF SALE FOR EAST NAPLES LELY HIDEAWAY
SELF STORAGE, LTD. AND AUTHORIZE RECORDATION OF SAID DOCUMENT
Item #16B2 - Withdrawn
RFP 98-2783 FOR UNDERGROUND UTILITY CONTRACTING SERVICES ON AN AS
NEEDED BASIS
Item #16B3
ACCEPTANCE OF TWO TEMPORARY CONSTRUCTION EASEMENTS AND ONE UTILITY
EASEMENT FROM FOXFIRE COMMUNITY ASSOCIATION OF COLLIER COUNTY AND G-4
PARTNERSHIP TO PROVIDE FOR INTERCONNECTING THE CITY AND THE COUNTY
WATER SYSTEMS IN THE EVENT OF AN EMERGENCY
Item #16B4
RECOGNIZE, APPROVED AND APPROPRIATE A PORTION OF THE GOLDEN GATE
BEAUTIFICATION MSTU FUND 136 CARRY FORWARD AND RESERVES FOR LANDSCAPE
MANAGEMENT EXPENSES
Item #16B5
BUDGET AMENDMENT FOR CROSS CONNECTION PARTS IN THE AMOUNT OF $84,630
FOR THE COUNTY-WATER SEWER DISTRICT
Item #16B6
BUDGET AMENDMENT FOR THE PURCHASE OF A PNEUMATIC PIERCING TOOL IN THE
AMOUNT OF $15,111 FOR THE COUNTY-WATER SEWER DISTRICT
Item #16B7 - Moved to Item #8B1
Item #16B8
BID 98-2787 FOR THE MANATEE SCHOOL DITCH RELOCATION PROJECT - AWARDED
TO MITCHELL AND STARK CONSTRUCTION CO, INC. IN THE AMOUNT OF $92,136
Item #16D1
FIRST AMENDMENT TO THE GROUND LEASE BETWEEN COLLIER COUNTY AND THE
STATE OF FLORIDA, DEPARTMENT OF JUVENILE JUSTICE REGARDING THE COLLIER
COUNTY DRILL ACADEMY LOCATED OFF STOCKADE ROAD IN IMMOKALEE
Item #16E1
BUDGET AMENDMENT 98-187 AND 98-195
Item #1661
MISCELLANEOUS CORRESPONDENCE - FILE AND/OR REFERRED
The following miscellaneous correspondence as presented to the
Board of County Commissioners has been filed and/or referred to the
various departments as indicated on said correspondence:
Item #16H1
BUDGET AMENDMENT FOR USE OF CONFISCATED TRUST FUNDS TO SUPPORT
TECHNICAL EQUIPMENT FOR THE SHERIFF'S OFFICE BUREAU OF TECHNICAL
SCIENCE
Item #16H2
NORMAL BID PROCESS WAIVED; AUTHORIZATION FOR THE SUPERVISOR OF
ELECTIONS TO PURCHASE 50 RECONDITIONED MODEL III-A VOTING UNITS FROM
INTAB, IN THE AMOUNT OF $13,750.00 PLUS SHIPPING
Item #16H3
AUTHORIZATION TO FILE THE STATE OF FLORIDA ANNUAL LOCAL GOVERNMENT
FINANCIAL REPORT FOR FISCAL YEAR 1996-97
There being no further business for the good of the County, the
meeting was adjourned at 10:42 a.m.
BOARD OF COUNTY COMMISSIONERS
BARBARA B. BERRY, CHAIRMAN
ATTEST:
DWIGHT E. BROCK, CLERK
These minutes approved by the Board on
as presented __ or as corrected
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE BY:
ELIZABETH M. BROOKS, RPR