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BCC Minutes 04/27/2004 R April 27, 2004 REGULAR MEETING OF APRIL 27, 2004 /OF THE BOARD OF COUNTY COMMISSIONERS LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board( s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:02 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Donna Fiala Tom Henning Jim Coletta Fred Coyle F rank Halas ALSO PRESENT: Jim Mudd, County Administrator; David C. Weigel, County Attorney Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA April 27, 2004 9:00 AM Donna Fiala, Chairman, District 1 Fred W. Coyle, Vice-Chairman, District 4 Frank Halas, Commissioner, District 2 Tom Henning, Commissioner, District 3 Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANA TION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE 1 April 27, 2004 TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMP AIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCA TION AND PLEDGE OF ALLEGIANCE A. Dr. Bob Petterson, Senior Pastor, Convenant Presbyterian Church 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) B. April 5, 2004 - BCC/PUD Monitoring Workshop C. April 6, 2004 - BCC/City of Naples Joint Workshop 3. SERVICE AWARDS A. 20 Year Attendees 1) 2) Patricia Lehnhard, Office of Budget and Management Steven Donovan, EMS B. 25 Year Attendees 1) David Gigee, Transportation 2 April 27, 2004 4. A. B. D. E. F. 2) Gail Watson, Library PROCLAMA TIONS Proclamation to proclaim the week of May 2-8,2004 as Drinking Water Week. To be accepted by Steve lang, Plant Manager SCRWTP; Steve Messner, Plant, NCRWTP; Joe Thomas, Water Distribution Manager and Howard Brogdon, Laboratory Supervisor. Proclamation to designate the month of May, 2004, as Civility Month. Will mail upon presenting the proclamation. To be accepted by David Weigel, Attorney for Collier County Government. c. Proclamation to recognize May 9-15, 2004 as Tourism Week in Collier County. To be accepted by Jack Wert, Executive Director of Tourism Department. Proclamation to designate the week of April 26 through May 2, 2004 as Florida American Association of University Women Week. To be accepted by Cindy Anderson. Proclamation to designate the first week in May every year as National Arson Awareness Week. To be accepted by Jason Gunkle, Inspector for the Golden Gate Fire Department. Proclamation to designate the week of May 2 through May 8, 2004 as Be Kind to Animals Week. To be accepted by Beth Walsh, Collier County Interim Director for Domestic Animal Services. 5. PRESENTATIONS A. 6. Recommendation to recognize John Conti, Field Engineering Inspector, Transportation Division, as "Employee of the Month" for April 2004. PUBLIC PETITIONS A. B. Public Petition Request by David Tetzlaff to discuss potential for the County to purchase Caribbean Gardens property. Public Petition request by Larry J. Gantzer to discuss a Collier Junior/Public 3 April 27, 2004 7. A. 8. Golf Course. C. Public Petition Request to discuss appeal of LDC Interpretation of PUD located on Pine Ridge Road. BOARD OF ZONING APPEALS ADA-2004-AR-5363, D. Wayne Arnold, AICP, ofQ. Grady Minor & Associates, P.A., representing Pine Ridge Investors LLC, requesting to appeal the formal interpretation issued by the Director of the Department of Zoning and Land Development Review that states building construction may not occur over the common boundary of the Pine Ridge Center PUD and the Pine Ridge Center West PUD, which comprises + 17.60 acres and is located in Section 18, Township 49 South, Range 26 East, Collier County, Florida. AD VER TISED PUBLIC HEARINGS A. B. 9. This item was continued from the April 13, 2004 BCC Hearine:. Public Hearing to consider adoption of an Ordinance establishing the VeronaWalk Community Development District (CDD) pursuant to section 190.055, F.S. A Public Hearing to consider an application submitted by Naples Community Hospital to the Board of County Commissioners for the issuance of a Certificate of Public Convenience and necessity to provide transportation services for the inter-facility transfer of post hospital patients. BOARD OF COUNTY COMMISSIONERS A. B. C. D. Appointment of member to the Forest Lakes Roadway & Drainage Advisory Committee. Appointment of member to the Collier County Code Enforcement Board. Appointment of members to the Bayshore Beautication MSTU Advisory Committee Appointment of members to the Housing Finance Authority 4 April 27,2004 10. 11. 12. 13. 14. 15. COUNTY MANAGER'S REPORT A. Approve Tourist Development Category "A" 10- Year Expense and Revenue Projections. B. To receive Board approval of an Interlocal Agreement between Collier County and the City of Naples regarding construction of the Golden Gate Parkway at Airport Road Overpass. PUBLIC COMMENTS ON GENERAL TOPICS COUNTY ATTORNEY'S REPORT OTHER CONSTITUTIONAL OFFICERS AIRPORT AUTHORITY STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. ----------------------------------------------------------------------------------------------------------- CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. ----------------------------------------------------------------------------------------------------------- A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Request to grant final approval of the roadway (public), drainage, water and sewer improvements for the final plat of "Timber Ridge, Unit Two" the drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Immokalee Water and Sewer District, the roadway improvements will be maintained by Collier County. 2) Request to approve for recording the final plat of "Fiddler's Creek Parkway Extension, Phase 3", and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 5 April 27, 2004 7) 8) 3) Approval of the Satisfaction of Liens for Resolution No. 2002-395, 2003-435, 2003-442 and 2003440. 4) LIEN RESOLUTIONS-CODE ENFORCEMENT CASE NUMBERS: 2003051145/ H S Partnership, 200311 0551/Stonestreet, William M., 200309l073/Wilkinson-Meffert Const. Co. Inc., 2003090701/ Wilkinson-Meffert Const. Co. Inc., 200309l072/Wilkinson-Meffert Const. Co. Inc., 2003091071/ Wilkinson-Meffert Const. Co. Inc., 2003l0ll40/Wilkinson-Meffert Const. Co. Inc. 5) LIEN RESOLUTIONS-CODE ENFORCEMENT CASE NUMBERS: 2003l00068/Avila, Filomeno & Maria J., 2003l00358/Baton Rouge,LLC, 2003l00882/Bray, Steven F., 2003ll0796/Condori, Franklin & Haydee, 2003110797 /Condori, Franklin & Haydee, 2003ll0798/Condori, Franklin & Haydee, 2003100 1 99/Hamilton Bay Dev., LLC, 2003l008ll/Perseco Corp., 2003ll0488/Baron, Mimon 6) LIEN RESOLUTIONS-CODE ENFORCEMENT CASE NUMBERS: 2003l20857/Delarosa, Sandy L., 2003l20487/Eichaker, William H. & Ayako, 2003091 1 83/Mobil Oil Corp.200308l551/ Horse Creek Partners, Ltd.,Alan Schiffman -(Reg. Agent), 2003081505/ Horse Creek Partners, Ltd.,Alan Schiffman -(Reg. Agent), 2003081552/ Horse Creek Partners, Ltd.,Alan Schiffman -(Reg. Agent), 2003081546/ Horse Creek Partners, Ltd.,Alan Schiffman -(Reg. Agent), 2003081540/ Horse Creek Partners, Ltd.,Alan Schiffman- (Reg. Agent), 2003081538/ Horse Creek Partners, Ltd.,Alan Schiffman -(Reg. Agent), 2003081554/ Horse Creek Partners, Ltd.,Alan Schiffman -(Reg. Agent), 2003081544/ Horse Creek Partners, Ltd.,Alan Schiffman -(Reg. Agent) Approval of the Satisfaction of Liens for Code Enforcement Board Case No. 2003-050, 2003-049, 2003-007, 2003-025, 2003-046, 2003- 029 and 2002-033. Request to approve for recording the final plat of "Mission Hills Shopping Center", and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 6 April 27, 2004 9) 10) 11) 12) 13) 14) 15) That the Board of County Commissioners of Collier County, Florida, accept $1,500.00 as satisfaction for a second mortgage, and execute a satisfaction of mortgage. LIEN RESOLUTIONS-CODE ENFORCEMENT CASE NUMBERS: 2003ll0863/Benjamson, Martin I. & Lillian E., 20031 008 1 5/Dion, Cheryl L., 200308 1 437/Endres, John D., 200311 0659/Glover, Lizzie H., 2003101236/ Glover, Lizzie H., 20040l03l6/Gomez, Jesus, 2003090838/Gray Est., Charlie Mae-Underwood, Willie J. Underwoood Est., 2003l2008l/La Rue, Claude E., 200310 1 1 95/Melendez, Miranda, 2002060752/Springs, Matthew J. & Paula A. Request to grant final approval of the roadway (Public), drainage, water and sewer improvements for the final plat of "Habitat Village" the roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County. Request to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Calumet Reserve" the roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County. Approve the execution of a mutual general release between the County and former employee Lee H. Combs and to waive recovery of Grants Management Certification training and related travel expenses of Lee H. Combs in the amount of$4,162.76. Requesting the Board of County Commissioners to authorize Engineering Review staff and the County Attorney's office to amend Ordinance 2002-01, the Collier County Administrative Construction Code (ACC), which amends CHAPTER 1 of the Florida Building Code (FBC), Administration, codified as chapter 22 of the Collier County Laws and Ordinances, as it pertains to fill materials and finished floor elevations. To Approve a budget amendment transfering $250,000 from Community Development and Environmental Services fund 113 7 April 27, 2004 B. Building Permit Reserves to Capital for the refurbishment of the existing Community Development and Environmental Services (CDES) building. 16) Recommendation that the Board of County Commissioners approve a Budget Amendment of$27,485.00 from Fund 186 Operating Expenses to Fund 111-138318 Operating Expenses to reimburse Fund 111-138318 for payments made for utility and road projects in the Immokalee Redevelopment District. 17) Approve the local Housing Assistance Plan (HAP) and Interlocal Agreement for fiscal years 20042005, 2005-2006, and 2006-2007 as required by the State Housing Initiatives Partnership (SHIP) Program. TRANSPORTATION SERVICES 1) 2) 3) 4) 5) 6) Accept the conveyance of a Quit Claim Deed for Tract "A" of Tarpon Bay Boulevard, which is required for the purpose of maintaining Tarpon Bay Boulevard as a public road. Estimated fiscal impact: $10.50. Request the Board approve and authorize the Chairman to sign, an easement use agreement, allowing homeowners to continue using a permitted cabana which was constructed within a public utility & drainage easement held by Collier County. Approve reimbursement to the City of Naples for the Sandpiper Boulevard Intersection Improvements in the amount of $146,080.61. Request the Board approve the installation of a traffic signal at the intersection of Collier Boulevard and Business Circle Drive South at an annual maintenance cost of approximately $3,500. Board approval of Adopt-a-Road Program Agreements at the Board of County Commissioners meeting April 27, 2004. Request the Board to approve a landscape installation and maintenance agreement between Brynwood Preserve Residents Association and Collier County for landscaping within the right-of- way on Livingston Road. 8 April 27, 2004 C. 6) 7) Approve a budget amendment in the amount of $1 ,654,309 for the Final Judgment for Parcel 110, Collier County V s. Northside Construction Company for Pine Ridge Road 6 Laning Project No. 60111. 8) Award of contract # 03-3505 - "Consultant Services for Developing a Roadway Asset Inventory Database" in the estimated initial contract amount of$502,259.50. PUBLIC UTILITIES 1) Approve Amendment 1 to Contract 03-3517 with Greeley and Hansen LLC for "Professional Engineering Services for Water Main Projects" in the amount of$72,7l0. Project 60001. 2) Adopt a Resolution and approve a Declaration of Easement for a deep injection well and monitoring well facilities at the North County Water Reclamation Facility, at an estimated cost not to exceed $10.50, Project Number 73948. 3) Convey a Utility Easement from Collier County, a political subdivision of the State of Florida to the Board of County Commissioners of Collier County, Florida, as Ex-Officio the Governing Board of the Collier County Water-Sewer District to reflect the as-built location of a raw water line at a cost not to exceed $10.50, PUED Project 70054. 4) Accept a Utility & Access Easement from the District School Board of Collier County, Florida, for two water wells, pipeline and access easements on school property, the cost not to exceed $37.50, Project Number 710061. 5) Adopt a Resolution and approve a Declaration of Easement for a water well, pipeline and access within property acquired for a future park at an estimated cost not to exceed $19,723, Proj ect Number 710061. Authorize conveyance of an easement to Florida Power & Light Company for electric utility facilities to service a proposed potable 9 April 27, 2004 7) 8) 9) 10) 11) 12) 13) water well at a cost not to exceed $33.00, Project Number 710061. Approve Work Order # SC-02- 74 with Surety Construction Company in the amount of$125,840.00 to perform selective demolition for the Public Utilities Operations Center, Project Numbers 70059 and 73072. Approve necessary budget amendments to record revenues and related expenditures for payment received from property owners of the Price Street - Barefoot Williams Road Water Municipal Services Benefit Unit (MSBU) Project No.# 70077 and payments to various vendors. Recommendation that the Board of County Commissioners approve the after-the-fact submittal of the attached Alternative Water Supply Grant Application to the South Florida Water Management District (SFWMD) for the Manatee Road Four New Potable Water ASR Wells Project 70157 Recommendation that the Board of County Commissioners approve the after-the-fact submittal of the attached Alternative Water Supply Grant Application to the South Florida Water Management District (SFWMD) for the Carica Road Potable Water ASR Exploratory Well Program, Project 70897 Recommendation that the Board of County Commissioners approve the after-the-fact submittal of the attached Alternative Water Supply Grant Application to the South Florida Water Management District (SFWMD) for the Reclaimed Water ASR Project 74030 Recommendation that the Board of County Commissioners approve the after-the-fact submittal of the attached Alternative Water Supply Grant Application to the South Florida Water Management District (SFWMD) for the Goodlette Frank Road Forcemain and Reclaimed Water Main, Project 74077 Recommendation that the Board of County Commissioners approve the after-the-fact submittal of the attached Alternative Water Supply Grant Application to the South Florida Water Management District (SFWMD) for the 20" Reclaimed Water Main at Vanderbilt Beach Road, Project 74034 10 April 27, 2004 E. D. 7) PUBLIC SERVICES 1) Board of County Commissioners approval of a Medical Director Consulting Contract between Collier County and Naples Community Hospital. (Companion item relating to COPCN application) 2) Approve a Budget Amendment Appropriating $29,532.05 from General Fund Reserves for Reimbursement to the State of Florida for Overpayment on a FEMA Claim Submitted After Tropical Storm Gabrielle 3) Approve an Authorized Provider Agreement with the American Red Cross 4) Approve a Request to Apply for a Florida Communities Trust Florida Forever Grant in an Amount No Less Than $1,260,000 for Purchase of the Mar-Good Resort in Goodland 5) Approve a South Florida Water Management District Grant Agreement for $26,300 for a Central Irrigation Control System in the South District of the Parks System 6) Expand the state of emergency declaration boundaries to be county wide per county ordinance 2004-11 regarding inoculation and removal of palm trees to suppress lethal yellowing disease. Consideration of request by Youth Haven, Inc. for the Board of County Commissioners to provide a letter of support for the Naples Education and Children's Foundation as Outstanding Philanthropist for the Year 2004. ADMINISTRATIVE SERVICES 1) 2) Approve and execute an Agreement to provide the Golden Gate Fire Control & Rescue District $88,227 from the GAC Land Trust Fund for the purchase of a Fire Safety House and Tow Vehicle. Authorize the conveyance of an easement to Lee County Electric Cooperative, Inc. for electric utility facilities to service the Immokalee Library Addition at a cost not to exceed $15.00. 11 April 27, 2004 3) That the Board of County Commissioners award Bid No. 04-3606 for On-Call Roofing Repairs and Inspection Services to Advanced Roofing, Inc. as primary vendor, Crowther Roofing & Sheet Metal, Inc. secondary vendor, and Sutter Roofing Co. of SW Florida as tertiary vendor. 4) Approve Contract for RFP 04-3584 "Fixed Term Public Relations Services for Collier County." (Estimated maximum annual contract amount not to exceed $500,000 per firm). 5) That the Board of County Commissioners award Bid No. 04-36l0R for Vending Machine Services to Naples Vending. 6) Recommendation to approve additions to, deletions from and modifications of certain classifications in the 2004 Fiscal Year Pay and Classification Plan made from February 1, 2004 through April 6, 2004. 7) Approve Resolution Stating a Valid Public Purpose for a Departmental Employee Recognition Program, as Established in Ordinance 87-5. 8) Approve and ratify the Settlement in Professional Firefighters of the Everglades, IAFF, Local 3670 v. Collier County Board of County Commissioners, Case No. CA-2003-040, State of Florida Public Employees Relations Commission and approve related budget amendment. F. COUNTY MANAGER 2) 3) 1) Recognize and Appropriate $22,497 of Revenue from a Communications Tower Lease and Approve the Required Budget Amendment. Approve a Tourist Development Category "A" Grant Application submitted by Parks and Recreation for Beach Cleaning and Maintenance for Fiscal Year 2005 in the Amount of$333,400 Approval of Budget Amendment Report - BA #04-218 in the amount 12 April 27, 2004 G. H. I. J. K. ------------- - of $3,688 AIRPORT AUTHORITY BOARD OF COUNTY COMMISSIONERS 1) Commissioner Henning requesting approval for payment to attend a function serving a valid public purpose for the Collier County Tourism Awards Luncheon. Cost to be paid is $15.00. 2) Commissioner Coletta is requesting approval to attend a function serving a valid public purpose: The Greater Naples, Marco Island, Everglades Convention & Visitors Bureau's 2004 Collier County Tourism Awards Luncheon. 3) Commissioner Coletta requests Board approval for payment to attend a function serving a Valid Public Purpose: The Florida Citrus Mutual's 2004 Area Meeting Luncheon in LaBelle on April 14, 2004 in the amount of $9.68. 4) Commissioner Fiala request for Board approval for payment to attend function serving a valid public purpose - 2004 Collier County Tourism Awards Luncheon Celebration. In the amount of$15.00- funds to be paid from Commissioner's travel budget. 5) Commissioner Fiala requests Board approval for payment to attend function serving a valid public purpose - Luncheon to honor former Mayor Bonnie Mackenzie. In amount of $35.00 - funds to be paid from Commissioner's travel fund. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Items to File for Record with Action as Directed. OTHER CONSTITUTIONAL OFFICERS COUNTY ATTORNEY 1) Approve Agreed Order and Authorize Payment of Planning Fees, Appraisal Fees, and Environmental Fees in the Lawsuit Styled Collier 13 April 27, 2004 6) 7) 8) 9) County v. Carole Construction of Naples, Inc., et. aI., Case No. 02- 5l39-CA (Immokalee Road Project #60018). 2) Approve the Stipulated Final Judgment Relative to the Acquisition of Parcel 116 in the Lawsuit Styled Collier County v. Calusa Pines Golf Club LLC, et al. Immokalee Road Project No. 60018. 3) Approve Agreed Order and Authorize Payment of Appraisal Fees in the Lawsuit Styled Collier County v. Kathryn Hankins, et. aI., Case No. 00-1296-CA (Golden Gate Boulevard Project #63041). 4) Approve Agreed Order and Authorize Payment of Planning Fees and Appraisal Fees for Parcel 127 in the Lawsuit Styled Collier County v. G. Herbst, et. aI., Case No. 02-5l38-CA (Immokalee Road Project #60018). 5) Authorize the Making of Five Offers of Judgment Relative to the Fee Taking of Parcel Nos. 808, 908, 112, 114 and 914 in the Lawsuit Styled Collier County v. Elias Valencia, et aI., Case No. 03-2274-CA (Golden Gate Parkway Project #60027). Approve Agreed Order and Authorize Payment of Planning Fees and Appraisal Fees for Parcel 128 in the Lawsuit Styled Collier County v. G. Herbst, et. aI., Case No. 02-5l38-CA (Immokalee Road Project #60018). Approve the Mediated Settlement Agreement as to Parcel 167 A in the lawsuit styled Collier County v. Andy R. Morgan, et aI., Immokalee Road Project 60018 (total cost of $27,408.00). Recommendation that the Board approve and authorize the Chairman to execute a Retention Agreement for services on an "as needed" basis with the law firm of Allen, Norton & Blue, P.A., to meet county purchasing policy contract update requirements. Recommendation that the Board of County Commissioners approve a budget amendment to pay for minor reconfiguration of the office space allocated to the Office of the County Attorney 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC ----------- 14 April 27, 2004 HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASIJUDICIAL IN NATURE, ALL P ARTICIP ANTS MUST BE SWORN IN. A. B. 18. (This item reQuires that all participants be sworn in and ex-parte disclosure be provided by Commission members) SE-2004-AR-5345, A Resolution amending Resolution 03-354, the Maretee earthmining conditional use to correct a scrivener's error resulting from the unintentional inclusion of an incorrect legal description attached as EXHIBIT "B" to the original resolution for the property located at the eastern terminus of Maretee road in section 7, township 51 south, range 27 east, Collier County, Florida. An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance No. 04-08, which amended Ordinance No. 91- 102, as amended, the Collier County Land Development Code, to correct scrivener's errors relating to the incorrect insertion of maps pertaining to Section 2.2.2 1/2, Rural Fringe Mixed Use District and Section 2.2.30, Natural Resource Protection Area Overlay District; and to correct scrivener's errors relating to Division 3.15, Adequate Public Facilities; providing for Conflict and Severability; providing for inclusion in the Collier County Land Development Code; and by providing for an effective date. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383 --______m__- 15 April 27, 2004 April 27, 2004 Item #2A REGULAR, CONSENT AND SUMMARY AGENDA- MR. MUDD: Madam Chair, you have a hot mic. CHAIRMAN FIALA: Thank you very much. The meeting will come to order. Our invocation today will be given by Steven -- wait a minute, Steven, I've got you right here -- oh, I'm sorry, Chris Shepherd. I'm sorry. Chris Shepherd. He's the pastor at Covenant Presbyterian Church. Thank you. MR. SHEPHERD: Thank you. Would you pray with me. CHAIRMAN FIALA: Will you all stand, please. MR. SHEPHERD: Our Father, we thank you for bringing us here this morning, and we thank you for allowing us to live within Collier County, for creating such a beautiful place. We also thank you for these Commissioners and the staff, the people who work so hard to give of their time and energy that we might enjoy a higher quality of life. And this day, we ask that you would give the people who are called here to make decisions a greater understanding of the issues that face them, that you would give them wisdom that would enable them to know what they need to do, and that you would give them courage to make the right decisions. Increase the respect that they have for one another, increase their own unity, and may our community receive a great gift because of the meeting that occurs here today, because of the decisions that will be made. We thank You for your presence here with us, and it's in Christ's name we pray. Amen. CHAIRMAN FIALA: Amen. Pastor Shepherd, that was a Page 2 April 27, 2004 beautiful prayer. Thank you very much. Now Commissioner Coletta will lead us in the pledge. (Pledge of Allegiance was recited in unison.) CHAIRMAN FIALA: Very good. Now, this morning we have -- let's see, first we're going to ask if we have any adjustments to the agenda by our county attorney. MR. WEIGEL: Good morning, Madam Chairman and Commissioners. CHAIRMAN FIALA: Good morning. MR. WEIGEL: Just one thing to note for the record from County Attorney, and that is item 16(D)(6), which is consent agenda item relating to lethal yellowing declaration, that we would ask that a resolution number be reserved, if the board keeps that on the consent and approves it. Thank you. CHAIRMAN FIALA: Okay. And Mr. Mudd? MR. MUDD: Madam Chair, Commissioners, agenda changes, board of County Commissioners meeting April 27th, 2004. The first item is add Item 4(G), and that's a proclamation designating May 6th as a National Day of Prayer to be accepted by Reverend Michael Harper. That's at staffs request. The next item is Item 6(C), which will be continued till May 25th, 2004 BCC meeting. And that's a public petition request by Richard C. Grant to discuss appeal of the LDC interpretation of PUD located on Pine Ridge Road. And that's at petitioner's request. And that item is kind of linked to the next item, which is also continued, and that's Item 7(A), to be continued until May 25th, 2004 BCC meeting. And that's ADA-2004, AR-5363, D. Wayne Arnold, AICP, of Q. Grady Minor & Associates, P A, representing Pine Ridge Investors, LLC, requesting an appeal -- to appeal the formal interpretation issued by the Director of the Department of Zoning and Land Development Review that states building construction may not Page 3 -- April 27, 2004 occur over the common boundary of the Pine Ridge Center PUD and the Pine Center West PUD, which comprises 17.6 acres and is located in Section 18, Township 49 south, Range 26 east, Collier County, Florida, and that's at petitioner's request. Next item is to withdraw Item 10(B), to receive board approval of an interlocal agreement between Collier County and the City of Naples regarding construction of the Golden Gate Parkway at the Airport Road overpass, and that's at staffs request. The next item -- and for a while there I thought we were going to have no agenda for today but there's some things that have changed. The next item is to move Item 16(A)(13) to 10(C), and that's to approve the execution of a mutual general release between the county and former employee Lee H. Combs, and to waive recovery of grants management certification training and related travel expenses of Lee H. Combs in the amount of$4,162.76, and that's at Commissioner Henning's request. The next item is to move Item 16(B)(3) to the regular agenda, to Item 10(D). And that's to approve reimbursement to the City of Naples for the Sandpiper Boulevard intersection improvements in the amount of$146,080.61, and that's at Commissioner Coletta's request. The next item is to move Item 16(E)( 4) to the regular agenda under Item 10(E), and that's to approve a contract for RFP 04-3584, fixed term public relations services for Collier County, estimated maximum annual contract amount not to exceed $500,000 per firm, and that's at Commissioner Halas's request. That's all I have, Madam Chair. CHAIRMAN FIALA: Thank you. Commissioners, do you have any additions to the agenda? We'll start with Commissioner Halas. Or any ex parte on the summary agenda. COMMISSIONER HALAS: Good morning, Madam Commissioner. And at this point, I don't have any additions or Page 4 ---------____un - - ------ April 27, 2004 corrections to the agenda. And I also don't have any ex parte. CHAIRMAN FIALA: Thank you. Commissioner Coletta? COMMISSIONER COLETTA: I have nothing to -- I have no changes to the agenda and I have nothing to declare under the summary agenda. CHAIRMAN FIALA: Thank you very much. Commissioner Henning? COMMISSIONER HENNING: Just a comment. The Item 7(A), the appeal, the interpretation of the planning director. Usually I don't mind things coming off the agenda because we usually have a busy agenda, but today we have a light agenda and we can take care of this item. What's the purpose of this being continued? Is that staff or is that the petitioner? MR. MUDD: That's the petitioner's request, sir. COMMISSIONER HENNING: Yeah. You know, I just -- I'm not sure what the May 25th meeting is going to be like, but -- MR. MUDD: I promise, it will be busier than today, sir. COMMISSIONER HENNING: Oh, yeah, I guarantee it. And then the next comment that I have, Item 6( C), which is being continued, is probably a companion item. And I -- being that this is a quasi-judicial item, I have concerns about this public petition. It should be heard together in -- when this comes back on May 25th. So maybe the County Attorney could look at that. I have no ex parte on today's summary agenda, Commissioner. CHAIRMAN FIALA: Thank you. Commissioner Coyle? COMMISSIONER COYLE: I have no changes to the agenda, I have no ex parte communications. CHAIRMAN FIALA: Very good. Do we have any speakers for the summary agenda? MS. FILSON: No, ma'am. Page 5 ----- April 27, 2004 CHAIRMAN FIALA: Very good. Thank you. Do any board members have any questions about the consent agenda, or would you like to make a motion to approve the minutes and the -- COMMISSIONER HENNING: I move -- COMMISSIONER HALAS: So moved -- second. COMMISSIONER HENNING: -- to approve the agenda as amended. COMMISSIONER HALAS: Second. CHAIRMAN FIALA: Very good. I have a motion by Commissioner Henning to approve, second by Commissioner Halas. All those in favor, say aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (N 0 response.) Page 6 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING April 27. 2004 Add Item 4G: Proclamation - Designating May 6 as National Day of Prayer to be accepted by Rev. Michael Harper. (Staff request.) Item 6C continued to the May 25. 2004 BCC meetina: Public Petition Request by Richard C. Grant to discuss appeal of LDC Interpretation of PUD located on Pine Ridge Road. (Petitioner request.) Item 7 A continued to the May 25. 2004 BCC meetina: ADA-2004-AR-5363, D. Wayne Arnold, AICP, of Q. Grady Minor & Associates, P.A., representing Pine Ridge Investors LLC, requesting to appeal the formal interpretation issued by the Director of the Department of Zoning and Land Development Review that states building construction may not occur over the common boundary of the Pine Ridge Center PUD and the Pine Ridge Center West PUD, which comprises + 17.60 acres and is located in Section 18, Township 49 South, Range 26 East, Collier County, Florida. (Petitioner request.) Withdraw Item 10B: To receive Board approval of an Interlocal Agreement between Collier County and the City of Naples regarding construction of the Golden Gate Parkway at Airport Road overpass. (Staff request.) Move Item 16A13 to 10C: Approve the execution of a mutual general release between the County and former employee Lee H. Combs and to waive recovery of Grants Management Certification training and related travel expenses of Lee H. Combs in the amount of $4,162.76. (Commissioner Henning request.) Move Item 16B3 to 10D: Approve reimbursement to the City of Naples for the Sandpiper Boulevard Intersection Improvements in the amount of $146,080.61. (Commissioner Coletta request.) Move 16E4 to 10E: Approve Contract for RFP 04-3584 "Fixed Term Public Relations Services for Collier County." (Estimated maximum annual contract amount not to exceed $500,000 per firm). (Commissioner Halas request.) April 27, 2004 Item #2B&2C MINUTES OF APRIL 5, 2004 BCC/PUD MONITORING WORKSHOP AND APRIL 6, 2004 BCC/CITY OF NAPLES JOINT COMMISSIONER HENNING: Move to approve the April 5th '04 BCC PUD monitoring workshop and April 6th, '04 BCC City of Naples joint workshop. COMMISSIONER HALAS: So moved (sic). CHAIRMAN FIALA: I have a motion to approve the minutes of the April 5th and April 6th meetings by Commissioner Henning, a second by Commissioner Halas. All those in favor, say aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) Item #3 A&3 B CHAIRMAN FIALA: Now what a great pleasure we're going to have. Service awards. Our service awards, Patricia Lehnhard. MR. MUDD: I've got 'em, ma'am. If you would come on down and present them, that would be great. CHAIRMAN FIALA: That would be wonderful. Page 7 ----- April 27, 2004 And Steve Donovan. Is he any relationship to -- MR. MUDD: Madam Chair, it's indeed an honor to move on to service awards on our agenda today, and it's an honor and pleasure for me to announce the 20-year attendee service awards. And the first awardee is Patricia Lehnhard from the office of management and budget. The next 20-year awardee is Mr. Steve Donovan, from EMS. That brings us, Commissioners, to -- that brings us to our 25-year awardees. The first awardee is David Gigee, from transportation. And Madam Chair, the next awardee is Gail Watson from the library. And I don't know if she made it in. Did Gail make it? Oh, she did. Great. And she's also a 25-year awardee. Madam Chair, that brings us to proclamations on our agenda. Item #4 A PROCLAMATION PROCLAIMING THE WEEK OF MAY 2-8, CHAIRMAN FIALA: Thank you very much. And the first proclamation will be read by Commissioner Halas. It's a proclamation to proclaim the week of May 2nd to 8th as Drinking Water Week. To be accepted by Steve Lang, plant manager, Steve Messner, Joe Thomas and Howard Brogdon. If they would come up here, please. Thank you. Commissi oner Halas? COMMISSIONER HALAS: Good morning, gentlemen. It's a pleasure to have you with us this morning, and also, it gives me great pleasure to read this proclamation for the wonderful service that you people perform. WHEREAS, the water flows in a natural cycle from earth to air Page 8 -- April 27, 2004 and earth again; and, WHEREAS, water is a basic and essential need of every living creature; and, WHEREAS, our health, comfort and the standard of living depend upon the abundant supply of safe drinking water; and, WHEREAS, the citizens of Collier County should have a safe and dependable supply of water both now and in the future; and, WHEREAS, we are calling upon each citizen to help protect our water resources from pollution, to practice water conservation, and to be involved in local water issues. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of May 2nd through the 8th, 2004 be recognized as Drinking Water Week. DONE AND ORDERED THIS 27th day of April, 2004, Board of County Commissioners of Collier County, Florida, Donna Fiala, Chairperson. I move we accept this proclamation. CHAIRMAN FIALA: Second. All those in favor, say aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Thank you very much. Here's your proclamation. Would any of you like to say a few words? Would you like to say a few words? If anybody wants to say a couple of words, feel free to do -- MR. DeLONY: Our tech will say a couple of words. Page 9 ----- ------ April 27, 2004 CHAIRMAN FIALA: Okay, thank you. Thank you very much. MR. BROGDON: For the record, I'm Howard Brogdon, Water Department Laboratory Supervisor. Mr. Steve Lang, South Water Plant Manager, Steve Messner, North Water Plant Manager, Joe Thomas, Water Distribution Manager. And I would like to thank the Board of County Commissioners and the citizens of Collier County for recognizing May 2nd through 8th, 2004 as Drinking Water Week. On behalf of the water department, the public utilities division and Collier County government, we accept this proclamation and recognize the responsibility to provide the citizens of Collier County with a safe and reliable source of drinking water. And also, further, we would like to state that we will strive to educate and inform all citizens on the conservation and protection of this most important and essential resource. Thank you. CHAIRMAN FIALA: Before you leave, may I ask a question? Will you be doing anything special to focus on drinking water in Collier County, such as tours of the water plants or any kind of a special water symposium, or, you know, anything to show people what we're doing in Collier County to not only improve their drinking water but to make sure that we have drinking water in the future? MR. DeLONY: For the record, Jim DeLony, Public Utilities Administrator. Not this week. This is just one of the many facets of our outreach program this year, ma'am. CHAIRMAN FIALA: Okay. MR. DeLONY: We've had special programs throughout the year, and this is just another part of that total package. CHAIRMAN FIALA: Very good. Thank you. MR. DeLONY: Yes, ma'am. COMMISSIONER HALAS: I would also like to say, I really want to thank the water department for the outstanding work they did Page 10 ----- ---------- ---- April 27, 2004 this past season. As you know, we had a high tourist season this year, and we didn't have any glitches in the system. And I think everybody in the water department should be commended for an outstanding job, and thank you very, very much. MR. DeLONY: Thank you, Commissioner. Item #4 B PROCLAMATION DESIGNATING THE MONTH OF MAY, 2004, CHAIRMAN FIALA: And the second proclamation will be read by Commissioner Coyle, designating the month of Mayas Civility Month. COMMISSIONER COYLE: And this proclamation will be accepted by David Weigel. David, would you come up here and stand with us? You want to bring anyone else with you? Okay. Okay, good. WHEREAS, the open exchange of public discourse is essential to the democratic system of government; and, WHEREAS, as a cornerstone of democracy, Americans have observed the certain rules of behavior generally known as civility; and, WHEREAS, civility, derived from the Latin word civitas, meaning city, and civis, meaning citizen behavior worthy of citizens living in a community or in common with others; and, WHEREAS, displays of anger, rudeness, ridicule, impatience, and a lack of respect and personal attacks detract from the open exchange of ideas, prevent fair discussion of the issues and can discourage individuals from participation in government; and, WHEREAS, civility can assist in reaching consensus on diverse Page 11 ---- April 27, 2004 issues and allow for mutually respectful ongoing relationship; and, WHEREAS, civility can uplift our daily life and make it more pleasant to live in an organized society; and, WHEREAS, the city, county and local government law section of the Florida Bar urges the adoption of a pledge of civility by all citizens in the State of Florida. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, the month of May is proclaimed as Civility Month, and calls upon all citizens to exercise civility toward each other. DONE AND ORDERED THIS 27th day of April, 2004, Board of County Commissioners, Collier County, Florida, Donna Fiala, Chairman. Madam Chair, despite the fact that this will remove all the fun from our Board of County Commissioner meeting, I strongly recommend that this proclamation be accepted. COMMISSIONER HALAS: And I second that. CHAIRMAN FIALA: I have a motion to approve by Commissioner Coyle, second by Commissioner Halas. All those in favor, say aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: And opposed, like sign. (No response.) CHAIRMAN FIALA: Thank you very much. Would you like to say a few words? MR. WEIGEL: I would, thank you. Madam Chairman and Commissioners, and all here, I want to Page 12 April 27, 2004 thank you, on behalf of the County Attorney office, as well as being a member and president of the Florida Association of County Attorneys, to accept this proclamation of Civility Month. I note, however, that its origin comes from the Florida Bar local government law section, and we also note from the text of the proclamation itself that it's not talking purely to the government public processes here but civility in general among men and women. But I know in my heart that the root of this comes back from Shakespeare's Hamlet where the famous phrase came, first let's kill all the lawyers. And then after that we decided that we better spread it a little further than that and make sure that it applies to everyone. Attorneys are often in the front line fighting battles, or at least seeking assistance and relief from courts, and our office and so many attorney offices here in Collier County are respectful of the judicial process and respectful of the process of working through local government as well. We hope that our office continues to and certainly is accepted as reaching those standards of civility. And as I mentioned last year, when appropriate, that we're the iron fist in a velvet glove. But again, we thank you to have the opportunity to speak on behalf of attorneys in the public at large, and we'll do our part as best we can to increase the civility with our everyday actions. Thank you. CHAIRMAN FIALA: Thank you, David. Item #4C PROCLAMATION RECOGNIZING MAY 9-15, 2004, AS And now we have a proclamation to recognize Tourism Week in Collier County, to be accepted by Jack Wert. Is Jack here? No? Page 13 April 27, 2004 MR. MUDD: I'll take it, ma'am. CHAIRMAN FIALA: Okay, very good. To be accepted by Jim Mudd, on behalf of Jack Wert. WHEREAS, the travel and tourism industry supports the vital interests of Collier County, Florida and the United States, contributing to our employment, economic prosperity, peace, understanding and goodwill; and, WHEREAS, travel and tourism ranks as the number one private sector industry in Collier County and in Florida, in terms of revenues generated; and, WHEREAS, 1.5 million visitors contributed nearly $1 billion to the economy of Collier County in 2003; and, WHEREAS, the travel and tourism industry provides over 18,000 direct jobs to the economy of our area; and, WHEREAS, potential visitors become more aware of the outstanding beaches, golf, shopping, restaurants and natural historic and cultural activities, travel and tourism will become an increasingly important aspect in the lives of our citizens; and, WHEREAS, given these laudable contributions to the economic, social and cultural wellbeing of the citizens of Collier County, it is fitting that we recognize the importance of travel and tourism. NOW THEREFORE, be it proclaimed that the Board of County Commissioners acknowledges the contributions of the economy of Collier County, Florida, by the travel and tourism industry by designating May 9th through the 15th, 2004 as Tourism Week in Collier County, and that this proclamation be acknowledged by the greater Naples, Marco Island, Everglades Convention and Visitors Bureau at their tourism awards luncheon on May 7th. DONE AND ORDERED THIS 27th day of April, Board of County Commissioners, Collier County, Florida, Donna Fiala, Chairman. Page 14 --- April 27, 2004 Motion to approve. COMMISSIONER HALAS: Second. COMMISSIONER COLETTA: Second. CHAIRMAN FIALA: All those in favor, say aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Mr. Mudd, thank you for being here on behalf of Mr. Wert. Did you want to say a few words? MR. MUDD: I'm going to, ma'am. CHAIRMAN FIALA: And did you know that Commissioner Coyle brought a timer today to time all of us? COMMISSIONER COYLE: No, only to time Commissioner Coletta. CHAIRMAN FIALA: Oh, I see. MR. MUDD: Ma'am, on behalf of the tourism industry of Collier County, I'd like to thank the Board of County Commissioners for this proclamation, declaring the week of May 9th through the 15th as Travel and Tourism Industry Week. As you all know, tourism is a large part of our economy in Collier County. It's the number one employer in business in the county. I will also say, based on records that we've seen, it was a bang-up year for the tourism industry. They finally -- we finally caught up to the 9/11 Iraqi war kind of scare that we had. And our high season this year is basically bringing revenues at an all-time high. I would also like to let folks know about the tourism awards Page 15 April 27, 2004 luncheon on May 7th, and encourage folks to go. And the tourism industry will be there in order to encourage themselves and pat themselves on the back for a great year. Hope to see you there. Thank you very much. CHAIRMAN FIALA: Thank you so much. Item #4 D PROCLAMATION DESIGNATING THE WEEK OF APRIL 26 THROUGH MAY 2, 2004 AS FLORIDA AMERICAN And now we have a proclamation to designate the week of April 26th through May 2nd as Florida American Association of University Women Week. And this is to be accepted by Cindy Anderson. Cindy Anderson, a fellow Kiwanian with my Marco Island Kiwanis Club. Thank you, Cindy. Come on up. Thank you. WHEREAS, the Florida American Association of University Women promotes equity for all women and girls, learning life-long and positive social change and -- societal change, I'm sorry. WHEREAS, the Florida American Association of University Women is a part of a powerful national network for professional and personal growth and advocacy for equality and equity; and, WHEREAS, the Florida American Association of University Women has launched community programs that touch women and girls of diverse backgrounds; and, WHEREAS, the Florida American Association of University Women is part of a national organization that offers $4 million a year in fellowships and grants to graduate women through their educational foundation; and, WHEREAS, the Florida American Association of University Page 16 April 27, 2004 Women supports plaintiffs challenging sex discrimination on college and university campuses; and, WHEREAS, the Florida American Association of University Women makes a global impact through international initiatives and partnerships. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida that April 26th through May 2nd be designated as Florida American Association of University Women Week, and to honor the 75th anniversary of the Florida American Association of University Women, and to encourage all Florida residents to become aware of the continuing contributions made by their 6,000 members in 50 Florida communities. DONE AND ORDERED THIS 27th day of April, 2004, Board of County Commissioners, Collier County, Florida, Donna Fiala, Chairman. Motion to approve. COMMISSIONER HENNING: Second. COMMISSIONER HALAS: Second. CHAIRMAN FIALA: All those in favor, say aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Thank you, Cindy. Would you like to say a few words, after our photo opportunity? MS. ANDERSON: I'm always happy when they say the whole thing, AAUW, because you can imagine sometimes what people think it might be. It's not an organization for rehabilitation. Page 1 7 April 27, 2004 Anyway, you heard rather that the AAUW is an organization comprised of women who have four-year degrees and beyond, whose purpose is to promote equity for women and girls. And as president of the 26-year-old Marco Island AAUW branch, I'm really proud to accept this on behalf of our branch, as well as the greater Naples branch, and will be taking this proclamation with me to the state AAUW convention in Orlando, as we celebrate 75 years. And this will be shared with all the conventioneers with this terrific honor that you, the Board of Commissioners have bestowed upon us, and we're excited and we're proud and we thank you so much. CHAIRMAN FIALA: Thank you. Item #4 E PROCLAMATION DESIGNATING THE FIRST WEEK IN MAY EVERY YEAR AS NATIONAL ARSON AWARENESS WEEK- AllOEIED Our next proclamation will be read by Commissioner Henning to designate the first week in May every year as National Arson Awareness Week. To be accepted by Jason Gunkle. COMMISSIONER HENNING: Madam Chair, if we can ask all the representation from the fire districts to join us in moving this proclamation, I would appreciate it. Also, Madam Chair, I would like to add, this is a very important message to get out to the public, as we are in dry season this year. So let's move this proclamation. WHEREAS, juvenile arson is a serious crime and affects all the people and can only be stopped when citizens realize the fiscal and emotiona~ pain suffered by arson victims; and, WHEREAS, juvenile arson and young set fires result in 300 Page 18 -- April 27, 2004 deaths annually, 2,000 injuries annually, and 300 million property damage annually, and more than 40,000 accidents annually; and, WHEREAS, if people can become more informed and communities can have intervention and treatment programs for juvenile fire setters, stride can be made in a very preventable malfeasance; and, WHEREAS, the price that people pay for young setters' fires is extreme, most of the lives lost are those of very young children setting the fires. In addition to the cost of the damage to the property, there is a cost in communities for the increased resources needed to combat juvenile fire setting. WHEREAS, public awareness is one of the specific responsibilities in Collier County Commission. NOW THEREFORE, be it proclaimed by the Board of Commissioners of Collier County, Florida that they designate the beginning week of May 2nd, 2004 as National Aware -- Arson Awareness Week, and fully -- first fully week of May shall be designated each year thereafter. DONE AND THIS ORDER 27th day of April, 2004. I guess I forgot to take my Lipitor this morning. Sorry about that. Madam Chair, I make a motion that we move this proclamation. COMMISSIONER COLETTA: Second. CHAIRMAN FIALA: Motion and a second on the floor. All those in favor, say aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. Page 19 --- April 27, 2004 CHAIRMAN FIALA: Thank you. Congratulations, and thank you for all you're doing for us. Jason, go ahead. MR. GUNKLE: I'd like to thank the Commissioners for recognizing the first week of Mayas Arson Awareness on behalf of the fire districts in Collier County. As you know, every year we do fire prevention in the schools, and we don't really teach on arson awareness and things like that. And at this time, with the proclamation and the juvenile fire setter program and educating children, I encourage people that know of people starting fires to definitely report them, or, you know, get them into educational programs, such as the fire setter program, to help stop injuries and property damage loss and things like that. Again, I thank you for your time and - Item #4 F PROCLAMATION DESIGNATING THE WEEK OF MAY 2 THROUGH MAY 8, 2004, AS BE KIND TO ANIMALS WEEK- A.DOnED CHAIRMAN FIALA: Thank you. And our next proclamation is to designate the week of May 2nd through the 8th as Be Kind to Animals Week. Commissioner Coletta will read this proclamation. COMMISSIONER COLETTA: Everybody say ahh. For good reasons. WHEREAS, animal companions are considered to be man's best friend by protecting and befriending their human caretakers; and, WHEREAS, Collier County Domestic Animal Services actively seeks to educate the public about proper loving care of all animals, while the department also investigates reported cases of animal Page 20 April 27, 2004 neglect and abuse; and, WHEREAS, thousands of animals suffer from neglect of their basic needs, including food, water and shelter every year, because many times pet owners do not recognize the signs of pet neglect; and, WHEREAS, pet abuse has been closely linked by several studies to other types of violence, including family violence; and, WHEREAS, Collier County recognizes the need to raise awareness concerning the importance of respecting all animals, domestic or wild, because animals should be treated like family and provided with gentle loving care; and, WHEREAS, the animal humane society -- American Humane Society has led the campaign to respect the animals for the last 85 years through its national recognized Be Kind to Animal Week; and, WHEREAS, believing dogs, cats and other animals deserve to be respected, well cared for and protected from harm or abuse, the Department of Animal Services also recognizes Be Kind to Animal Week in an effort to educate the public about our best friends. NOW THEREFORE, be it proclaimed by the Board of Collier County Commissioners that May 2nd through May 8th, 2004 be recognized as Be Kind to Animal Week. DONE AND ORDERED THIS 27th day of April, 2004, Donna Fiala, Chairman. And I make a motion for approval. COMMISSIONER COYLE: Second. COMMISSIONER HALAS: Second. CHAIRMAN FIALA: I have a motion on the floor by Commissioner Coletta, second by Commissioner Coyle. All those in favor, say aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COYLE: Aye. Page 21 ---..-- April 27, 2004 COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Would you like to say a few words? MS. WALSH: Good morning, Commissioners. By name is Beth Walsh, I'm the interim director of animal services. Thank you for proclaiming May 2nd through the 8th as Be Kind to Animals Week. This nationally recognized week celebrates all of our furred, feathered and finned friends. It provides us the opportunity to pamper those animals that provide so much comfort and love to us and to our families. A few things everyone can do to celebrate this week are making dog walks a part of your regular routine, have your pet spayed or neutered, or update your license. If you have an outside cat, bring it indoors permanently, since indoor cats live longer, healthier and safe lives. You can show your appreciation for the animals that share our environment by planting a bush that feeds butterflies, conserving water or perhaps increasing your recycling efforts. Whatever you choose to do, use this upcoming week, May 2nd through the 8th, to look around your house, yard and community, and enjoy the beauty and friendship that animals bring to this world. Thank you. CHAIRMAN FIALA: Thank you. MR. MUDD: Beth, are any of those animals up for adoption? That would be a good thing to do during the week. Maybe go by the DAS, and if you don't have a pet, come by and pick one up, and they're pretty inexpensive. MS. WALSH: Yes, this baby and two of her siblings are available for adoption. COMMISSIONER HALAS: How old is the dog? MS. WALSH: She's eight weeks. COMMISSIONER HALAS: Eight weeks? Page 22 April 27, 2004 MS. WALSH: Thank you. CHAIRMAN FIALA: Thank you. Did anybody say that Beth is our interim director over there? MR. MUDD: She did, ma'am. CHAIRMAN FIALA: Oh, great. I'm sorry I missed that. Item #4G PROCLAMA TION DESIGNATING MAY 6 AS NATIONAL DAY OE.E.R A YER - A llilITED A proclamation to be read again by Commissioner Coletta, declaring May 6th as the National Day of Prayer. COMMISSIONER COLETTA: Thank you. Is the Reverend Pastor Michael Harper in the audience? Sir, would you come up front, please. The Reverend Harper is the new minister of the Everglades Community Church on the circle in historical Everglades City. He's a full-time chaplain at Naples Community Hospital. On May 6th, the National Day of Prayer in Everglades City, Mayor Sammy Hamilton, is planning a special event at City Hall that day at noon when the proclamation will be read from the steps of City Hall. Just for your information, lunch will be served, but I expect you all to pay for it. With that: WHEREAS, America has turned to God in prayer for guidance since our nation's founding; and, WHEREAS, throughout the history of our state and nation, we have humbly prayed for guidance, comfort and protection, where needed, and have given thanks for our many blessings which God has graciously bestowed on the nation since its inception; and, WHEREAS, prayer is regarded by millions as the most important utterance of mankind for its benefit; and, Page 23 April 27, 2004 WHEREAS, prayer has comforted us in times of sorrow and given us strength and hope for the future. We ask God to keep His hand upon us and bless the great State of Florida and the United States of America; and, WHEREAS, we continue to give thanks for the men and women of the military that are defending freedom, and we humbly ask God for their protection and pray for peace throughout the world; and, WHEREAS, the National Day of Prayer is a day set aside by Congress for all Americans to pray and reaffirm the spiritual principles upon which this nation was founded; and, WHEREAS, this year is the 53rd anniversary of the consecutive annual observation of the National Day of Prayer, with this year's theme, Let Freedom Ring, based on Leviticus, 25: 10, proclaim liberty throughout the land to all its inhabitants; and, WHEREAS, on May 6th, 2004, Americans across our nation and state will unite at specific times in pray to acknowledge our dependence upon God, give thanks for the many blessings our country has received from Him, recognize our needs for personal and corporate repentance and renewal, and involve God's blessing upon our leaders and ask God to protect and bless our nation. NOW THEREFORE, be it proclaimed by the Board of Collier County Commissioners of Collier County, Florida that May 6th, 2004 be observed as National Day of Prayer. DONE AND ORDERED THIS 27th day of April, 2004, Donna Fiala, Chairperson. And I make a motion for approval. COMMISSIONER HALAS: Second. CHAIRMAN FIALA: Okay, I have a motion on the floor from Commissioner Coletta, second from Commissioner Halas. All those in favor, say aye. COMMISSIONER HALAS: Aye. Page 24 --- ----- - -- - ---- Apri127,2004 CHAIRMAN FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Thank you very much, Michael, for being here. COMMISSIONER COLETTA: Would you like to say a couple of words? First, for the picture. MR. HARPER: Madam Chairman and Board of County Commissioners, on behalf of the churches and the citizens of Collier County, and especially the community I represent, Everglades City Community Church, and the churches that have banned together there and our citizens there, with the leadership of our Mayor, Sammy Hamilton, we accept this proclamation with great humbleness and gratitude, recognizing that our founding fathers established our country upon prayer. It was in 1 775 that our Continental Congress recognized the value of prayer, called our country to prayer. We pray for our County Commissioners, we pray for our civic leaders. And on May the 6th, there will be several celebrations around our county, Everglades City, City Hall, City Hall in Naples, and in the evening at Cambier Park at 6:00 p.m. So our churches and our citizens are valuing the foundation that our forefathers recognized of the importance of prayer and faith in having a quality of life. Thank you very much. CHAIRMAN FIALA: Thank you. Item #5A JOHN CONTI RECOGNIZED AS EMPLOYEE OF THE MONTH ~ Page 25 ---- April 27, 2004 And now we would like to recognize John Conti as the employee - of the month. Hi, Michael, how are you? John, come on up. Thank you. It's embarrassing, but would you face the audience. John Conti is one of Collier County's stars. Collier County has employed John Conti for over 15 years. The last nine of those years has been as a member of the county's transportation team. John's responsibilities include being in charge of the widening of Radio Road, the Goodlette- Frank improvement project and the Wiggins Pass outfall project, where he received input from residents concerned about the close proximity of the project to their homes. John demonstrated good judgment, professionalism and a good engineering know-how in his responses that ultimately resolved their concerns. This contributed favorably to the final outcome. John's management's style is a proactive one. John utilizes his expertise to troubleshoot and improve any potentially troubling project situation. John has saved the county money and time through his experience and expertise. He puts all public information meetings regarding -- he attends, I'm sorry -- all public information meetings regarding his projects and is responsive to community input and concerns. John's selfless commitment to the transportation services division and its mission to exceed the expectations of the community he serves are all examples of his service beyond the call of duty. The employee of the month selected is John, and we will be giving him a $150 check to cash for his use any way he'd like, and we have a really wonderful plaque and a little letter as well. John, thank you so much for all that you're doing. Service is our business, right? That's all we have. And with good service we can take care of those customers. Thank you very much. Page 26 April 27, 2004 Oh, let me see your buttons. Oh, I'm glad you wore those. Item #6A REQUEST BY DAVID TETZLAFF TO DISCUSS POTENTIAL FOR THE COUNTY TO PURCHASE CARIBBEAN GARDENS PROPERTY - STAFF DIRECTED TO HOLD A WORKSHOP TO MR. MUDD: Commissioner, that brings us to public petitions. CHAIRMAN FIALA: Thank you. Our first public petition, request by David Tetzlaff to discuss potential for the county to purchase Caribbean Gardens property. MR. TETZLAFF: Good morning, Madam Chair, Commissioners. CHAIRMAN FIALA: Good morning. MR. TETZLAFF: Thank you for the opportunity to present this petition in front of you this morning. I have some materials that need to be distributed. Just basic information on the zoo. I'd like to preface this that I know this has been in the media over the last four days. We did not seek advance publicity on this issue. I wanted to clarify that with you all, and I apologize for any inconvenience that the media may have imposed upon you. That was not our intent whatsoever. We've arranged a brief power point presentation, if we can direct your attention to your screens, go over some of the things that we'd like to present for you this morning. We do feel we are one of the top attractions here in Collier County and have been so for 35 years and continue to grow each and every year. Caribbean Gardens provides a save, fun attraction for residents Page 27 --- April 27, 2004 and visitors. For a number of years running we have been voted the best tourist attraction, the best place to take kids among the local periodicals. We feel that our attendance has grown. Last year we actually had almost 202,000 visitors to Caribbean Gardens, which is a record year for us, which represents a 1 7,000 attendance jump from the year before. So you can see we are making an impact with residents and visitors. And we do entertain a number of school children at the zoo every single year, as far as outreach programs. Not only do children visit the zoo, but we also go out to the schools. We do Rotary, Kiwanis. Because we're about animals, we're about the environment. Our membership continues to grow each and every year. Currently we have 6,000 individual zoo members for the Caribbean Gardens. We participate in a number of programs that save animals in and outside the wild, species survival plans, and currently we're involved in 13 local national and international projects that involve the safekeeping of animals and habitats. So zoos do a lot more than just maintain, in our case, 52 acres. We reach out. We are located in the heart of Naples. And yes, it is 150 acres of prime real estate. I believe that's why we're here this morning. For those of you not familiar, this is an aerial view of the zoo, of course with Goodlette Road, which would be on the left side of the photograph. The Gordon River tributary would be on the right. A quick briefing of our history. Actually, we're celebrating three anniversaries at the zoo this year. We have an 85th anniversary of when Dr. Henry N ehrling, who was a German botanist and ornithologist started the gardens, the original plantings. And of course the Fleischmanns, Julius Fleischmann who began the gardens as an attraction in 1954 and his estate still maintains ownership of the land. You might be interested in this photograph taken circa late 1950's Page 28 -- April 27, 2004 where in the background is now a strip mall, Coquina Sands. My family came here in 1969. We had vacationed in Naples, fell in love with it, and actually my father asked to purchase the property in '67. Of course it was not for sale. But as it came about, when Julius Fleischmann passed away in 1968, we had the opportunity to begin leasing the property. There's my dad, the founder of the exotic animal end of our zoo. We have a lot of contacts in the zoo business, and Jack Hanna, who is well known, says when you think of Jungle Larry, you think of a man and his family who literally dedicate their lives to exotic creatures of the earth. We've been promoting not only tourism in Collier County, but also the states. We'd only been here for three years and my father was elected president of the Florida Attractions Association, and my mother Nancy actually started the Southwest Florida Attractions Association in our area. Okay, let's look at where we want to be. We have been operating on a lease agreement with the Fleischmann family now for 35 years. F or the last decade or so things, quite honestly, have been up in the air, and currently, the owners of the property are wishing to sell the property. They're working on a management plan and this management plan is six to 18 months out. So no, there's not a for sale sign in front of the zoo currently, but we're trying to get ahead of the curve and present this to the Board of Commissioners. Right now we had met with their legal advisors about three weeks ago, and they would entertain purchase of the zoo, once they figure out their management plan, which, as I said, is six to 18 months out. What we're presenting to the Board of Commissioners at this time through this petition is a potential purchase of the property, which could be done in two ways. We could lease the property as we Page 29 --- April 27, 2004 have now and maintain it with no direct responsibilities on the part of Collier County and the citizens other than to support the zoo. And we also could run the zoo under contract agreement with the county. So those are options that could be explored. But we would want to present that we have run this facility for 35 years in the black with no financial assistance from any charity group, any non-profits, and basically I think that's a testament to our financial management, and we've continued growth, we've done so. In respect, if you read the papers lately, everyone from San Diego Zoo, the Bronx Zoo has had lay-offs and other problems. So I feel it's -- especially my mother, Nancy, her sound financial advice has kept us going. We've continued to thrive, long after the mouths arrived in Florida in 1971. And what a lot of people don't look at, along with other attractions, we do offer economic impact. These numbers aren't just based on estimates. Right now we're working with Florida Gulf Coast University to get an exact number for you. But based on other zoos our size and communities our size, we bring in between six and $12 million per year. A quote from Donna Ross, who's the president of the Florida Attractions Association: Attractions like the Caribbean Gardens have a positive influence on local, regional and state economies. They also contribute to the quality of life in the communities by providing unique visitor experience for residents and visitors. We have been promoted in the area for 50 years, in the last 10 years -- there's your economic impact thing again -- 50 to $100 million is a rough estimate, it could be higher. A quote from Jack Wert, who unfortunately was not here this morning for his presentation: Caribbean Gardens and the surrounding undeveloped area are important assets to protect and preserve. Without Caribbean Gardens, the visitor experience in our area will be Page 30 --- April 27, 2004 weakened. And Mike Watkins has said Caribbean Gardens meets both the needs of residents and visitors alike. And Bob Delaney, who is with marketing at the Clarion Inn: It is vital to the tourism community that venues like the Caribbean Gardens exist and thrive. Our guests need more than just our beaches. So we have joked for years, we are the beach alternative. Our website is in the top 10 first-page rankings on the Google search engine in Naples, and Naples, Florida. And our website receives approximately 1,300 visits a day. In the last four months, we've had over 16,000 visitors. Another quote from Jack: We preach the Caribbean Gardens in all our promotional literature and at trade shows worldwide. In fact, we consider Caribbean Gardens as one of our top attractions. And this means a lot to us, because basically we're a family-run operation, one of the few accredited zoos in America that is private and family-owned that's become accredited. And accredited means we're in the same grouping with Miami Metro Zoo, Busch Gardens, Lowery Park, Jacksonville. Those are all top accredited zoos. And we're family with those folks now. And this certainly applies to us and to our community. And believe it or not, this was said a century ago: It's high time to protect and preserve what is left. And that's by the garden's original founder, Dr. Henry Nehrling. Thank you for your time this morning. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: Madam Chair, the Caribbean Gardens is truly a community resource. It's not just something that should be addressed to the Board of County Commissioners, but because it impacts the City of Naples, it does impact our tourist industry. And it's more than a zoo. There are some very, very interesting botanical exhibits in those gardens. Page 31 ---- April 27, 2004 I asked David to bring this before the board in the form of a public petition, primarily to get the ball rolling. I think there are lots of opportunities to do something here. And because it's not currently for sale doesn't mean we shouldn't start planning for it. I believe that if we can come up with some plans, we can do something with this and preserve this resource for our community. And I believe that not only county government but city government should be involved. I also believe that the TDC should be involved. I would like to get an indication as to whether or not Conservation Collier feels that there are some lands here that meet their requirements. So I think if we can bring this back for a hearing, we'll have an opportunity to evaluate lots of alternatives, rather than dismissing it out of hand that we don't have the money right now. I think we can find alternatives by getting enough people working together, because this is truly a community resource. CHAIRMAN FIALA: So is that in the form of a motion? COMMISSIONER COYLE: That's in the form of a motion, to bring it back for a formal hearing. CHAIRMAN FIALA: Okay. I have a motion on the floor, a second by Donna Fiala. And we have three commissioners waiting on line. Commissioner Halas first. COMMISSIONER HALAS: I'd like to see an interlocal agreement between possibly the county and the city in regards to purchasing the zoo, or something of this nature. I think that needs to be for discussion. But I really think that this is a community affair, and most of the zoo, even though it's located within the county, basically it's within the confines of -- geographically in the city. So I really think that the city ought to step up to this, too. CHAIRMAN FIALA: Commissioner Coletta? COMMISSIONER COLETTA: Thank you. I think we're all on Page 32 April 27, 2004 the right track with this. I don't think it should come back in a regular commission meeting, I think it should be a workshop, if we're going to do anything, to include all the partners that would be out there. You're going to need a tremendous amount of community support to carry this forward. And like the Friends of the Museum and the Friends of the Library. The way we work it with museums, which there's some relation here, is that normally what happens is outside of the county government, they raise the money, they make the purchase, they put together the infrastructure and then the county assumes responsibility of maintaining it. In this case I know you're looking for something a little bit different. But if there's the interest of our so-called possible potential partners out there, being the City of Naples, the Chamber of Commerce should be one, because it's going to be a benefit to the economic well-being. The EDC, City of Naples, going right down the list, the tourist development thing. Have a great big workshop where we all come together and we take a look at this thing and we see what the financial feasibilities of this whole venture would be. Like Commissioner Coyle says, you know, the money isn't there right now for something of this size. I would assume that we're talking many, many millions of dollars. That property has got to have a value of 10, $20 million or more. I would have no idea. But obviously it's a big nut to crack, but it is an opportunity that we need to explore on a community effort. I would support a workshop, but not bringing it back at a regular meeting. CHAIRMAN FIALA: Okay. Commissioner Henning? COMMISSIONER HENNING: At this time, I think it's appropriate to direct the Chairperson to write a letter to the property owner, ask them if they would consider selling the property to local government before, you know, we spend a lot of time on this. Page 33 April 27, 2004 CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: First of all, the property owner isn't ready to sit down and discuss sale price, because they don't know what they can or will do with the property. If we wait until they have made that determination, it might very well be too late. I believe that the intent of the public petition is to get our approval to bring it back for a formal hearing. However, I like Commissioner Coletta's recommendation, because if we bring it back for a formal hearing, obviously we would then direct somebody to go out and gather information about how we could do it. So why not jump start it, let's go directly to the workshop. Let's instead give guidance to the staff to get all of the potential players involved and try to find out to what extent we can depend upon those players for the necessary financial resources to get this moving along. And if we can put together some kind of partnership, then we'll be in a position to make a reasonable offer for this property, if and when it is offered for sale. Because it is going to be developed. I think we all know that. And I think we all know that the property that is occupied by the zoo is among the most valuable property in that parcel. So we have to be prepared to do something. We cannot wait until the last minute. COMMISSIONER FIALA: So would you like to amend your motion? COMMISSIONER COYLE: Yes, I would be happy to amend the motion to direct staff to have a workshop, identify all of the potential stakeholders and invite them to a workshop and see if we can't get this discussion started. CHAIRMAN FIALA: And my second will amend that as well. COMMISSIONER HENNING: Commissioner Fiala, can I clarify my comments? CHAIRMAN FIALA: Sure. Page 34 April 27, 2004 COMMISSIONER HENNING: My comments wasn't -- I didn't say that we ought to seek a sales price or what the property -- what they would sell it for. I just asked that the Chairperson write a letter and ask the property owner if they would consider selling to local government. CHAIRMAN FIALA: Do you think we ought to be doing that after we workshop it to see if we're -- you know, if we have partnerships aligned, or do you want to -- COMMISSIONER HENNING: If there's no consideration by the property owner to sell it to local government, then if the local government wants to go forward, then the only option is eminent domain, and I'm not sure if the commission is in favor of that. I just -- I think it's a fair question to ask the property owner if they would consider selling to it the government. Not any price at this point. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: The other thing is that with the amount of people that travel through there, maybe somebody in the public would buy this piece of property and retain it as a zoo as it is right now. So that's a possibility also. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: I think the kinds of things a property owner would evaluate with respect to selling property to anybody is what is the price and what's it going to be used for and how will it affect my land, the remaining land I have. And I think by forming a coalition of interested people, we have a much better chance to influence the property owner to provide it to us. We have nothing to offer to the property owner at the present time. We can't even talk price. So how's he going to make a decision about selling it, if you can't -- if you don't have a proposal to present to them? They're not going to just say to you that yeah, I'll sell it to government without knowing how much they're going to pay for it and what the -- and they Page 35 --------- April 27, 2004 won't say no, we won't sell it to the government unless they know what they're likely to get out of it. So I think it's probably -- writing a letter is a nice thing to do, but I think it's something that's not likely to produce any results. If that's the desire of the majority of the board, then I see no harm in it. But I wouldn't want to delay the process of getting the stakeholders together and coming up with something that is really hopefully meaningful. CHAIRMAN FIALA: Okay, we have a motion on the floor to workshop this issue and a second, but we also have a request to write this letter. I would like all the commissioners' comments on that. Would you like to write a letter before we do this workshop? You've already made a comment, and you're -- COMMISSIONER COYLE: Yeah, my concern is what if he writes back and says no, we wouldn't -- we're not interested in selling it. So now, then we're going to say well, why get everybody together to talk about it, and then six months from now he says okay, yeah, now I'll sell it and we don't have anything put together to do anything with it. So I think it's a mistake. CHAIRMAN FIALA: To write a letter? COMMISSIONER COYLE: Yeah, to write a letter. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: Yeah, I think what we ought to start off with is probably a workshop at that point. CHAIRMAN FIALA: Commissioner Coletta? COMMISSIONER COLETTA: I can go for a workshop, and at that point in time we might have a better feeling of how the property owner stands on it. CHAIRMAN FIALA: Okay. So we can keep the suggestion from Commissioner Henning at bay until we've done this workshop and until we move forward. So we have a motion on the floor by Commissioner -- Page 36 April 27, 2004 COMMISSIONER HALAS: Can I ask one more question? CHAIRMAN FIALA: Yeah. COMMISSIONER HALAS: When we have a workshop, what we're going to include -- who are basically we going to include? Are we going to include the city, so that we can see if there's going to be -- CHAIRMAN FIALA: Absolutely. COMMISSIONER HALAS: Okay. All right. CHAIRMAN FIALA: And Conservation Collier. We've mentioned quite a few, EDC, Chamber of Commerce, TDC. EDC-- EDC, TDC, yes. Okay. So we have quite a few players on this. And of course the owners -- or the people who operate -- COMMISSIONER COYLE: You might even be included, David, I don't know. CHAIRMAN FIALA: Thank you. Okay, we have a motion on the floor by Commissioner Coy Ie to workshop this issue and for staff to set this workshop up, second by Commissioner Fiala. MR. MUDD: Commissioner, before you take the vote, let me just interject one thing. And I asked the question back from Mr. Schmitt real quick about zoning. I believe that this property is in the county. I believe if the family has plans to develop, they're going to have to come before this board for some kind of a zoning approval. And I'm going to ask counsel if this workshop in any way would jeopardize that particular zoning, if it does come in front of the board at a future time. I just want to make sure that we're okay on this one before you finally take the last vote, get a little bit of legal opinion. MR. WEIGEL: Well, the answer to the first question is no, so the answer to the second question is we're okay on this one and can go forward with the workshop. CHAIRMAN FIALA: Thank you, David. Commissioner Halas? Page 37 ._- April 27, 2004 COMMISSIONER HALAS: That was from the last time. CHAIRMAN FIALA: Okay, fine, thank you. All those in favor, say aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Very good. That passes 5-0. We're going to set up a workshop. And thank you so much for coming here today and for all of your friends and my good friend, thank you. Item #6B REQUEST BY LARRY GANTZER TO DISCUSS A COLLIER JUNIOR/PUBLIC GOLF COURSE - STAFF DIRECTED TO EV ALUA TE OPPORTUNITIES AVAILABLE AND PROVIDE A We have the next petition, Larry Gantzer, to discuss the golf course. MR. GANTZER: Good morning, Madam Chairman. Good morning, Board of County Commissioners, Mr. Mudd, Mr. Ochs. I've been on this band wagon for a few years, and I think I've talked with a couple of you independently regarding the possibilities of a junior golf course in Collier County that would be open to the public when the juniors are in school. I have put some paperwork in front of you, some letters that have come from different departments of the state, environmental protection agency, from one of our state Page 38 ---- April 27, 2004 senators. Also, I put a little thing together from the history of Collier Junior golf. When I started this back -- the idea in '99, I started to play 100 holes of golf and do a fundraiser. I teamed up with the Community Foundation. I have Mr. Franz in the audience, as well as Mr. Watkins from the Naples Beach Club, my employer, who has been a great supporter of the fundraising efforts for this. We have had some private donors that have contacted me. Things have not panned out for that. If you look down, I think it's about the fifth page in, there's a proposed Collier County land, and it talks about the possibilities and what could happen with said land, the price to build the golf course. The possibility of grant money through different entities for this project. We have Gulf Coast University that is trying to adopt the professional golf management program. That is a program that educates young men and women in the business of golf through the PGA of America. And those students could in fact be at a golf course like this honing their skills. As a young man, I started at the Naples Beach Club, 15 years old, working around the golf. You know, the basics, cleaning clubs, picking up range balls, things of that nature, with the assistant pro for 13 years, and took over as the head professional in '99. Young men and women don't get that opportunity to learn the business of the game of golf. Not every one of them turns out to be one of the great players out on tour, but there are great opportunities in the business of golf. And I'd like to take this point in time just to bring to the attention that there are many, many golf courses in the area. Two years ago, the girl's district championship had no place to play their event and it was going to be canceled. The Watkins family donated the golf course for the day. This year, same thing, we have a district championship Page 39 April 27, 2004 coming up. We're looking for a golf course to be donated for that championship to happen. The young men and women in Naples, the children, the juniors, have started to play golf at the middle school level. We coach Gulfview Middle School in practices and their matches at the Naples Beach Club. There are several other golf courses in the area that host middle schools, high schools. If we had one facility that could host them all, they would have a central location for their events, for their place to practice. The idea was entertained by one of the commissioners that we have a bus system now in Naples that could help provide transportation to that golf course. With some 80 golf courses, I believe, in our county, it's becoming more and more difficult for juniors to find a place to play where there's no cost to them, where they can have their events and matches. Also, my idea behind it is that it becomes an educational place. It teaches them about the business of golf from etiquette to rules to, you know, club repair, caddy programs, and merchandising in the golf shop. I have talked to retired superintendent of schools, as well as retired teachers that would love to donate their time for after school programs for tutoring the children. And I think in one of my addresses with Bill from the Community Foundation, he mentioned, you know, if we can have kids in a program that's teaching them etiquette, ethics, where they call the rules on themselves, I think you all have watched a little golf on television, you see the PGA promoting junior golf and what kind of young men and women that game makes. I just wanted to bring it to the board, find out if there's anything we can do, where we can go from here, a workshop, another hearing, whatever it may be, I'd like to know what direction we can take. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: This golf course, do you envision Page 40 April 27, 2004 this being open to the general public? MR. GANTZER: Yes, sir, I do believe that it should be open to the general public on the time period when the children are in school. I think -- and with this is some research that I did a year or so ago, August 12th through May 28th, that's the time that the children are in school, so the golf course could be open to the public at that point. And the bottom of that page, you know, if we ran tee times from 7:30 to 2:00 in the afternoon for those months, we're looking at about 24,000 rounds. Now, that's a figure that I just came up with lightly in my head as a golf professional knowing the business. And there's a definite, you know, need for it in Collier County. We don't have a municipal or public golf course. COMMISSIONER HALAS: That's what I'm concerned about. I'm not a golfer myself. I tried to take the game up a few years ago and ended up destroying a set of clubs. So -- but anyway, I know there is a lot of people that would like to golf, but they can't afford some of the green fees that are imposed on some of the golf courses. And I feel it's just as important to have golf courses or areas of recreation for not only the young people but the older people. It's just as important as having beach access. So like I said, I don't have a dog in this fight. I'm not a golfer, and I probably won't be. But I feel that there's a lot of people that need to have access to a golf course at or for a reasonable price. CHAIRMAN FIALA: Commissioner Coy Ie? COMMISSIONER COYLE: Yeah, Larry, you and I have talked about this a number of times over the years, and I have to admit, based on one of our earlier conversations, I sort of thought there was going to be a private solution to this problem, and I guess that didn't work out. And as a result, I haven't been as actively involved in it as I had been earlier. But we have tried to reserve some land with some large PUD's as Page 41 April 27, 2004 they come before us, but we haven't been successful. The problem never has been finding a way to manage it or to even build it. I think Larry has some good ideas and some good sources for getting donations to build these things. And so I think that the real problem is finding land. And I've just noticed some e-mail recently that suggests that there are some golf courses for sale. And you probably know more about this than I do, Larry. And maybe if you could, tell us a little bit about those. MR. GANTZER: To be honest with you, I don't know the golf courses that are for sale in the county. I have heard hearsay. I don't know public record fact that there are things for sale. Yes, it would be something that I'd like to see the county provide. I mean, if the county owned a public municipal golf course and we could have it run so that it would be there for the juniors, as well as the public. I just really feel that it's very, very important that we take a stand in this community to try to help junior golf at a higher level. You can go anywhere across the country and find First Tee programs, programs that are out there to grow kids in the game or in the business of golf. And Collier County and Naples, Florida, I feel we need to have that as well. COMMISSIONER COYLE: Well, I don't want to prolong the discussion, since the purpose really is to determine whether or not we want to bring it back for a formal hearing. I would be perfectly happy to do that, bring it back for some discussion. COMMISSIONER HALAS: If you'll make a motion, Commissioner, I'll second it. COMMISSIONER COYLE: Okay, I'll make a motion that we do bring it back for consideration before the board. COMMISSIONER HALAS: And I'll second that. CHAIRMAN FIALA: Commissioner Henning, then Commissioner Coletta. Page 42 --------- -------- April 27, 2004 COMMISSIONER HENNING: Sir, you stated that the students have to pay for being on golf courses? MR. GANTZER: I'm sorry? COMMISSIONER HENNING: The public golf courses, you stated that the students have to pay to get on these courses? MR. GANTZER: No, sir, what I was stating is that the public would come and pay a fee to play the golf course. COMMISSIONER HENNING: Well, presently what do they do? MR. GANTZER: Presently, yes, there's a fee associated with, I would say, 95 percent of the golf courses for juniors or anybody to come and play at a public facility. COMMISSIONER HENNING: Is your intent for these students not to pay if we had a public course? MR. GANTZER: That's correct. Through grant money, through donations, through charitable events that Collier Junior Golf -- I incorporate Collier Junior Golf, the money sits at the Community Foundation, and all donations, all fundraising activity that happens, money sits there. We do make donations to different junior programs that are in place already, but we do not have a facility specifically set for junior golf or grade school competitions or high school competitions. COMMISSIONER HENNING: I just want you to be aware of the Parks and Recs facilities today, if a person wants to use it, they need to pay. An example, we just did a ground breaking in Golden Gate for a skate park. It's a membership to play. MR. GANTZER: I feel that would be fine, but -- COMMISSIONER HENNING: Wouldn't it be just more accomplished trying to raise money to pay for -- through the private sector, raise money to pay for children to play on private golf courses? COMMISSIONER HALAS: I think he brought that up. It would Page 43 '------ April 27, 2004 be grant and donations from the public. MR. GANTZER: Correct. COMMISSIONER HALAS: I think that was what -- COMMISSIONER HENNING: To do that today, instead of using public funds to have a public golf course. If your goal is to get the kids to play for free, why can't we do it that way, is try to raise some money for these -- MR. GANTZER: There are different entities that -- where children play. We at the resort do not charge the children to play in their grade school matches. Different high schools, different -- other schools in the community do not pay to use the facility when they're playing their matches or when they're having their practices. I can't speak for the other facilities, but I know that it's becoming harder and harder with the amount of people that are coming to Naples and to Collier County to provide that golf course at no charge, and the times when we have to provide it for them, it's impacting businesses. It doesn't allow them to use the facility for their members or for the public players. So what I'm proposing is that we find a facility that's there for the children. Okay, we have Fleischmann Park, they can go skate boarding, they can play baseball, they can play football, they can play soccer. Golfs a great entity for juniors, as well as for men and women -- not only juniors, it's a great place for people to enjoy time. And I really think that yes, there's plenty of facilities that a junior can go and pay to play, and there's plenty of activities out there for juniors to have to -- that they can use. But the point that I'm trying to make is okay, I can go out and do all the fundraising I want, but I still have to send those juniors to play at a facility that may not want them there. How do I find that facility? COMMISSIONER HENNING: At 80 golf courses, I would Page 44 April 27, 2004 imagine you could find one. I just -- Commissioners, I just have a concern. I think the private sector can provide like they do for a lot of things. And you know, I can't get on a baseball field sometimes because it's being utilized by other people, you know. I'm not sure if what we're trying to do here would really fix the problem, when I think the private sector can fix the problem. COMMISSIONER HALAS: Can I just jump in here? I think where the gentleman is trying to lead us is the fact that you have 80 golf courses that are in Collier County, and if it's up to the golf course to decide whether they're going to let the young people have a match on there or whether they're going to have the public come out there and pay $250 a round for golf, I think that's the bottom part of the equation. And young kids -- or young people don't have the ability to pay $250 for a round of golf. So I think that's where we're trying to lead this, in that we want to make something that's -- and of course the people are, the young people, the high school students, or people that are involved in this golf, they're going to playing at the same time as when everybody else wants to play. And so when you look at the economics of it, are you going to let some young group, some young team come on the golf course and only maybe pay $15 a head to play, or are you going to wait until you can collect $200 for a round of golf? So I think that's the economics. CHAIRMAN FIALA: Commissioner Coletta? COMMISSIONER COLETTA: Economics is, of course, a very big part of the whole picture. What does a golf course cost? Just a round number. MR. GANTZER: At the bottom of that page where I put Collier Junior Golf proposed, Collier County land, I put four to four and a half million dollars to construct the facility. Now, I also have an architect that has donated his drawings, which is $150,000 to $200,000 just to Page 45 - ------- ----- April 27, 2004 do the drawing for the facility. So also you have to remember that if we acquire the land or if we have a place to do this project, Community Foundation, Tiger Woods Foundation, National Golf Foundation, United States Golf Association and the PGA of America -- first letter that I put in front of all of you is from M.G. Orender, the president ofPGA, on growing the game of golf. They have grant money available that we can acquire. I'm trying to do this without costing the county anything, other than finding us a place to do it at, to find us a piece of land. COMMISSIONER COLETTA: But what -- Commissioner Halas, please, I got the floor at the moment. You jumped right in front of me a couple of times, sir, you know that? Of course, I've got to show respect your age, and I'll do that. I don't want to lose my train of thought. Going back to golf courses and the cost. Obviously the reason they charge so much to go onto a golf course is because of what the cost of land is and the availability of the land. So what we're is talking several things: One, we're talking about county land, maybe, that might be in surplus or deemed to be presumed to be in surplus, that still has a real value. Or we're talking about going to ad valorem and taking the money from that. Or -- and that, one or two ways, we cut back on something like possibly the water parks, grab that and go to a golf course. Or we raise the ad valorem tax. Neither one of those things are a very popular option. We're talking about a lot of money. I want to be very careful before we start going down that slippery slope of examining this and then coming back after we have involved a tremendous amount of staff resources and time to be able to get to the final thing, that we're talking real money. And real money is very heavy and we just don't have the surpluses like that. Now if all these things are out there, all those grants and everything, then see what you can do about pulling together and do it Page 46 ---- April 27, 2004 on the private sector. This sounds like a very noble gesture. I think golfs a wonderful game, I tried it once when I was about 13. I didn't like it so I never did it again. But in any case, I just don't feel comfortable with this. The economics on this whole thing just don't quite equate out like I would like to see. I mean, sure, if it costs the county nothing, that's great, but it sounds like it's going to cost us big numbers in the end. CHAIRMAN FIALA: Okay, I wanted to ask you, the first time we talked about the golf course, we were talking about the golf course in Lakewood. It's an executive course, and very poorly maintained. And as we all know, it's become overgrown at times when -- it's terribly neglected and we've had code enforcement out there. Is something like -- and I heard it was for sale. Is an executive course in such poor shape actually something you would be considering or -- MR. GANTZER: I think -- and Mr. Mudd brought it to my attention as well, but I think you're speaking of Ironwood, it's a very short golf course, par threes, executive type course. It's not the facility that I think we need to do what we need to do to help junior golf and public golf in Collier County. CHAIRMAN FIALA: That's all I needed to know. Commissioner Coyle? COMMISSIONER COYLE: Well, I had just made a motion that we bring it back for discussion, but it looks like we discussed it here already. I don't know, but -- MR. GANTZER: May I let Mr. Franz speak for just a moment from the Community Foundation? CHAIRMAN FIALA: Sure. MR. GANTZER: Thank you. MR. FRANZ: Hi, I'm Bill Franz. I'm the Chief Financial Officer of the Community Foundation. One point that I wanted to make on behalf of Mr. Gantzer's Page 47 --- April 27, 2004 presentation here, that his program is beyond playing golf, kids getting on golf courses and playing golf. What he's looking for is a facility that can provide the consistent time periods to run a program. Essentially an after-school program, or a summer program. And relying on those facilities that exist there today, you are not going to get the consistency that you need to provide education. You may be able to get on the golf courses to have the kids play golf, but what Mr. Gantzer is talking about is essentially an educational program. And those after-school programs and summer programs that we see provide a tremendous benefit to the children of this community and their development. So to it's beyond the game of golf. CHAIRMAN FIALA: You know, for so many years now we've just spoken of -- not just while we've been in office, but many years before us, we've spoken of the need for a public golf course run by the county that would be a reasonable rate for people who make an income like I do, to be able to go out and play golf. In this community, it seems it's -- if you're not rich, you can't really get on the golf course very easily. There's very little left. And from what I understand, the few remaining golf public courses, I understand, are fast going by the wayside. So if we could find some way to work with them, I would love to see us do that. If there's some way that we can work together with grants and -- you know, I realize we don't have the money. We've just been asked to buy a Botanical Garden in the last petition. Everybody would like us to buy things, you know, for the betterment of the community, by the way, for the betterment of all of its citizens, but the dollars aren't there to help us to do that. Commissioner Coyle? COMMISSIONER COYLE: Then perhaps I should revise my motion. Bringing it back for another formal hearing will produce Page 48 --------- April 27, 2004 more discussion just like this. But if we follow the precedent we established in the last public petition and provide the staff guidance to have Parks and Recreation take a look at the alternatives, like what is possible. We don't have the slightest idea. Why wait for the next public hearing to determine what's possible if we can direct the staff to take a look at this and determine what is possible, what land might be available? Is there park land available somewhere that might be utilized for a golf course? Or is it possible in -- sometime in the future to acquire land by donation for mitigation from developments? So we do that for affordable housing, we do it for wetlands, why can't we maybe do it for Parks and Recreation? So maybe if I could revise my motion to suggest that the board provide guidance to the staff to take a look at the opportunities for doing this, we would be far better informed when we come back to talk about this than we are now. And that way, if there are some alternatives, I mean, you could participate in that process. MR. GANTZER: I would be more than happy to contact the different entities that I have stated here and find out if that grant money would be available if we acquired the land. So -- to help with the purchase of land or surplus dollars. Like I said, I've been after this since 2000 and I'm trying to make some headway. I like to run the event every year and do the fundraising -- COMMISSIONER COYLE: It's like pulling teeth, isn't it? MR. GANTZER: Sorry, yes, sir. COMMISSIONER COYLE: But I would revise my motion, and Madam Chair, to provide direction to the staff to at least evaluate the opportunities and the alternatives for accomplishing this sometime in the future. I mean, we don't have to come up with money this year or next year to do this. Perhaps if we have a plan to get there one day, it will be a lot better than where we are now. So that would be my motion, just to direct staff to evaluate the Page 49 April 27, 2004 alternatives and opportunities for doing this in the future and provide a report to us and to involve Mr. Gantzer in the process. CHAIRMAN FIALA: Okay. We have a motion on the floor. The second, would you -- COMMISSIONER HALAS: Yes, I'll adjust my second to go along with Commissioner Coyle's recommendations. CHAIRMAN FIALA: Okay, let me just say, so we have a motion on the floor and a second, and we have three commissioners at bat: Commissioner Halas, Commissioner Coletta and Commissioner Henning. COMMISSIONER HALAS: Some of the questions I have, since we got this pretty much out in the open, do you feel that we can get a lot of participation by the public out there to defray the costs in building this thing if we decide to go with this? What's your first gut feeling as far as people donating equipment, donating -- even if we could get some land and have people build the golf course with donations and grants? MR. GANTZER: If we make a public announcement that we're going to do a golf course in Collier County for public play and junior play, I think we'll have to take numbers. You know, I deal with some pretty heavy hitters in business when I do my fundraiser. And if I can tell them that they're going to be the sponsor of the driving range at Collier Junior Golf, the public facility, and they're going to be able to hang their sign up there stating that they paid or they provided dollars for this facility, I think we're going to be able to get a tremendous response. COMMISSIONER HALAS: I'd like to see staff -- I think where Commissioner Coyle was going on this also is where staff -- we get the recreation department to work in conjunction maybe with you and find out just what the feasibility is of the public getting involved in this, and hopefully we can come up with something that would be of Page 50 -- April 27, 2004 very little cost to the county. CHAIRMAN FIALA: Commissioner Coletta? COMMISSIONER COLETTA: Yes, thank you. I'm not going to direct my questions to you two gentlemen, if you don't mind. I'm not too sure if I want to talk to John Dunnuck or Leo Ochs on the past history. I do believe this has been looked at before to some extent? I don't know if you got the institutional knowledge on that, do you, John? You do, great. MR. DUNNUCK: Good morning, Commissioners. For the record, John Dunnuck, Public Services Administrator. We've looked at this issue a couple of times with different commissions seated. First one was back in the mid to late Nineties, and frankly, we had actually dedicated the 300 acres north of the landfill for a future golf course and we actually did a preliminary design of a golf course there. And then with the final order issues and the sensitivity of the land and some other issues with the uncertainty of the landfill, that issue was later on revoked by the Board of County Commissioners. Then we had the opportunity to purchase the golf course at Heritage Greens and we did an analysis several years ago on that as well, and we did the analysis and brought it back to the Board of County Commissioners. And that pretty much revealed that you would be still having to have pretty high fees for a public golf course just to compete in the area. And there were some other issues with that golf course in particular because there's some deed restrictions that give priorities to the neighbors, so we couldn't guarantee that the general public at general would be able to get out there as well. Prior to that, I think in probably like '94, '93, we looked to buying Hibiscus Golf Club as the Parks and Rec department. And I believe there were some issues there that eventually it fell through as well. So we are pretty well versed in this issue, and we'd be happy to Page 51 -~-- April 27, 2004 bring the board -- and bring some information back to you in this respect and let you all know from our perspective. Speaking from personal experience, from my hometown we had five public golf courses, and frankly, I was very involved in our junior golf program. We had about 250 kids in our junior golf program th ere. And I believe there are partnerships that can be had with the private sector in this respect. And as with as many golf courses here, you know, I'd like to sit down with these gentlemen and we can maybe talk about plans of action in that respect because I think there are some creative ways of addressing this issue, not just by going out and buying land and purchasing it. And frankly, from,a Parks and Rec standpoint we have a pretty tight budget. As I always will tell you, we will do whatever you want. If you give us the money to do it, we'll be more than happy to build it for you. But from the perspective of balancing the budget, there are a lot of issues in that respect. COMMISSIONER COLETTA: Commissioner Coyle, would you consider incorporating that in your motion? COMMISSIONER COYLE: It's already incorporated. I said evaluate alternatives and opportunities, you know. I didn't specify how we do it. Just see if we can get some ideas that make sense and then come back and report to us and tell us what's possible. MR. DUNNUCK: Absolutely. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: The -- well, we know that available land to do anything in Collier County is very near and dear. That's why the prices are so high to -- property values in Collier County. But we do have some existing properties in the Parks and Recs inventory, but they have been slated for other things. Now, I guess that would be an option is to -- if the board is willing to deviate Page 52 ------ April 27, 2004 from what we already set those lands aside for. CHAIRMAN FIALA: Well, that's something to consider while they work this out. Okay, thank you for that suggestion. That's a good suggestion. COMMISSIONER HENNING: Well, I'm not sure if Collier County government should be in the golf course business. I just have a lot of concerns. We have 80 of them here now. COMMISSIONER HALAS: I can't afford them. COMMISSIONER HENNING: I find it difficult that the private sector can't work with the students to get them on the golf course. CHAIRMAN FIALA: Okay, we have a motion on the floor and we have a second. Let's see, Mr. Mudd, would you repeat the motion, just for the record, please? MR. MUDD: Madam Chair, the motion is to direct staff to evaluate alternatives and work with Mr. Larry Gantzer, okay, to figure out what options we can come up with as far as trying to start some kind of a junior -- Collier junior public golf course or program. And we'll get that back to the board within -- 30 days good enough? MR. GANTZER: Wonderful. MR. MUDD: Okay, 30 days, and we'll come back with a report to the board on that particular item. That's the motion. CHAIRMAN FIALA: Very good. We have a motion on the floor by Commissioner Coyle, a second by Commissioner Halas. All those in favor, say aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed, like sign. COMMISSIONER HENNING: Aye. Page 53 -----. April 27, 2004 CHAIRMAN FIALA: That's a 4-1, with Commissioner Henning opposIng. We will now take a 10-minute break. Thank you. MR. GANTZER: Thank you very much. CHAIRMAN FIALA: Thank you. (A recess was taken.) MR. MUDD: Madam Chair, you have a hot mic. CHAIRMAN FIALA: Thank you very much. Item #8A ORDINANCE 2004-27 ESTABLISHING THE VERONA WALK COMMUNITY DEVELOPMENT DISTRICT PURSUANT TO The meeting is back in session and we are on to advertised public hearings, Number 8(A). MR. MUDD: This item was continued from the April 13th, 2004 BCC hearing. It's a public hearing to consider adoption of an ordinance establishing the Verona Walk Community Development District, CDD, pursuant to Section 190.055 of the Florida Statutes. CHAIRMAN FIALA: Do we have a presenter on this? MR. VAN ASSENDERP: Madam Chair, I'm Ken Van Assenderp, the attorney for the petitioner. And we've worked so well with your staff and with you and agree with the staff report and recommendation, and in the interest of time, unless there are any questions, we waive any speechifying. CHAIRMAN FIALA: Wow, that was nice and easy, wasn't it? Okay -- MR. MUDD: CDD, ma'am, is basically a taxing authority for that particular development so that they can tax the folks that are Page 54 -- April 27, 2004 within their development to do basically their infrastructure, their roads, water, sewer lines, street lighting within that community and whatnot. It does not give them any approvals for access or anything else. It's basically strictly a taxing mechanism for that particular community. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Thank you. The -- who would be on the governing board of the CDD? MR. VAN ASSENDERP: The initial members would be as in the petition, who can be employees or agents of the landowner, but they're subj ect to the conflicts of interest laws under Chapter 112, and they are also subj ect to government in the Sunshine and notice in public records law and competitive procurement, competitive bidding, all the things to which this honorable board is also subject. COMMISSIONER HENNING: Once the CDD is established, who would be -- of course, the members of the board would be writing the expenditures and what they would be expended on. But who would have to approve it after that? MR. VAN ASSENDERP: The report is sent to you on an annualized basis and all the notices are sent to you. But there is no other approval, because the district has that one single purpose of putting in the infrastructure at sustained levels of quality. And the expenditures can only be for whatever you've authorized in the land uses and permits and the zoning. COMMISSIONER HENNING: Who would be the -- the people being taxed for for having to pay into the CDD? MR. VAN ASSENDERP: There would not be any -- technically any taxes. There will be the special assessments, which as a matter of Florida law or not property taxes. And that's good for the people, because they get to go up before this board and find out whether there is the basis for the special benefit to the property that can justify the Page 55 April 27, 2004 lien. If you have a property tax, as all of you know, there's never that opportunity for the landowner or the citizen to find out whether there's a first lien or not. It is a first lien subject to loss of homestead. But not so with a special assessment. The basis of a special assessment is basically to reimburse the local government for providing special benefits like enhanced marketability, decreased . . Insurance premIums. So the answer to your question is it's not a tax, it's a special assessment, and the landowners and citizens who live there would be the ones who have the opportunity to express viewpoints before, not after, any levy of the special assessments. So it's fully disclosed and it's all of the landowners. COMMISSIONER HENNING: You say they'd have input, but would they have a vote? MR. VAN ASSENDERP: No, they can't. Just like the citizens of Collier County can't have a vote if you were to reduce millage. COMMISSIONER HENNING: Do they elect the governing board? MR. VAN ASSENDERP: After people move in. It's just raw land. But when people move in, then, after a minimum of six years, it can only go two years after that, then it's a one person, one vote. And the board members have to be qualified electors, just like you, and they have to live within the boundary of that district, and that's when that takes over. COMMISSIONER HENNING: As I read this document, it says it would be one person, one vote if they own an acre or more of property. MR. VAN ASSENDERP: That's only for the first six years, or when 250 qualified electors move in. The whole idea is, under the Supreme Court case that I won to show the constitutionality of that, you've got to jump start it. You've got to get it going. That's why you Page 56 April 27, 2004 all have about 15 of these districts, because they are your concurrency management mechanism, your growth management tool to help make sure the infrastructure's in place with the impact of the development that you approved. As soon as people start moving in there, then you can't justify continuing the one acre, one vote any more because the inordinate burden on the initial landowner is gone. That's why the law mandates an immediate change to one person, one vote. The infrastructure will have to be paid for. It will either be hidden in a purchase price or disclosed by this district. It's going to be paid for, just like it is anywhere. And so what the district law does, if you all agree to establish this district, is disclose every bit of that in advance. When you move into a land area without a district, there is no such disclosure at all. None. COMMISSIONER HENNING: It's my understanding in this proposed district, there are already -- the public has already signed some sales contracts to buy into Verona Walk. Of course, at present there was -- I'm assuming there was no disclosure that there was a CDD set up, because it wasn't set up. MR. VAN ASSENDERP: No, any purchase within the district, yes, once it's set up will have to be a disclosure right before the signature block that the district is there. I don't know what the status of any contract is. Is there any contract, Mr. Rosen? Yes. And I remember drafting the disclosure of the potential for the district, because we wanted to make sure that we could have an a affirmative answer to your question. COMMISSIONER HENNING: Because you anticipated the question. MR. VAN ASSENDERP: Yes, I did, because you're out to protect the public, and that's what this commission's all about. COMMISSIONER HENNING: I think you got a chuckle out of Page 57 April 27, 2004 the audience. MR. VAN ASSENDERP: Well, it was a chuckle of appreciation, I'm sure. That is a very important question you've asked, and that is the way it is. And then there's even more disclosure under this law. The purpose of this law is to make sure that there is initial disclosure before the purchase, at the purchase, after the purchase and then continuing full disclosure, just of the reality -- we even put in the grantor/grantee index of the property that these special assessments may be levied. That's all disclosed. But even after that, that doesn't automatically say there's going to be a special assessment. It has to be at a noticed meeting, just like you do for your MSBU s, and there has to be a showing of special benefit to justify reimbursing the government for the roads or the drainage or whatever the facility is. Those facilities will be there. The public's going to pay for it. One of the benefits of this district law is it mandates early, continuing, regular public financing disclosure. That simply does not happen if you move into a community development that does not have this district government in it. It just does not happen. COMMISSIONER HENNING: My main concern was I know there are sales contracts out there and all that was disclosed, and I think you addressed my concerns. MR. VAN ASSENDERP: Thank you, Commissioner. Good to see you in the halls of -- CHAIRMAN FIALA: Commissioner Halas -- oh, I'm sorry. MR. VAN ASSENDERP: Go right ahead, ma'am. CHAIRMAN FIALA: Commissioner Halas, then Commissioner Coyle. COMMISSIONER HALAS: I'd like to make a motion that we approve 8(A). Page 58 April 27, 2004 COMMISSIONER COLETTA: I'll second that. CHAIRMAN FIALA: We have a motion on the floor to approve by Commissioner Halas, a second by Commissioner Coletta. Commissioner Coyle? COMMISSIONER COYLE: Ken, I recall when we were considering the special districts in the eastern part of the county, we were concerned about this disclosure process. And I'm still concerned about the disclosure process. And I appreciate what you just told us, that it is disclosed in the purchase documents. Sometimes purchase documents can be fairly complex, and it's difficult for the layperson and some lawyers to make their way through it. It seems to me that we agreed that there would be a notice filed with the property record so that any title search would clearly identify the existence of this obligation. Is that happening in this particular case also? MR. VAN ASSENDERP: Yes, Commissioner, excellent, and it's required by the charter of the district. But we go a step further for Mr. Rosen, and that is we don't just file it with the clerk. I found out in my experience that sometimes clerks put it in the name of the district, which is what the law requires. We put both the name of the district and the name of the landowner, so it must go into the grantor/grantee index. And I've checked with the clerk on that. COMMISSIONER COYLE: Okay. Good, thank you very much. MR. MUDD: Commissioner, if I could just -- you talked about the special district and I want to make sure -- you asked the question and I think you got an answer. But for the listening public I want to make sure. The special districts were covered by 189 of the Florida Statutes. This is a 190 of the Florida Statutes. A little bit different. So I just wanted to draw that distinction. COMMISSIONER COYLE: Yeah, it's not the same thing, but Page 59 --- ----------- April 27, 2004 the principle is the same, and that's what we wanted to do. MR. VAN ASSENDERP: Mr. Manager's comments are accurate and the principle is the same. CHAIRMAN FIALA: Do we have any speakers on this subject? MS. FILSON: No, ma'am. CHAIRMAN FIALA: Okay, then the public meeting is closed-- or the public hearing is closed, excuse me. We have a motion on the floor by Commissioner Halas and a second by Commissioner Coletta. I just have one problem with this and that is -- and it's a big problem. I've worked closely with residents in one particular CDD where of course they had no say in what was foisted upon them. And I'm using that word purposely. And they found 10 and behold many years later as they're paying on their CDD that they've paid for lakes and retention ponds and so forth that had nothing to do with them, and I guess they're legally challenging it right now. And because no one was ever even allowed, if you will, to be on this board, by the time they did get on the board, all of these things had already been passed, they were paying through the nose for things that really they shouldn't have, the developer should have paid in the first place, and I'm very concerned about what's going to happen. Ever since I've become very aware of that, I'm very leery of any CDD's any longer, because I don't feel that the people who are buying the property have any say. Those things are already put to bed by the time they become a part of that board. And I don't know what assurances I would have right now -- and you've never had a CDD on your other Walks and you've managed just fine and sold them out, and I don't know if there's really a need to do this one. MR. VAN ASSENDERP: The concern is most important -- and thanks for sharing that, Madam Chair. That's why we amended the Page 60 April 27, 2004 law, to make sure that there's also a continuing disclosure of all of the possible public financing that's there every year and on a continuing basis. We also make sure that at the meetings that are noticed with published agendas -- this is what they look like. Here's an agenda for one that's coming up. These are all published, they're on the Internet. It's unfathomable to me that a landowner interested in her or his property would not know of the opportunity to come and challenge and ask questions. One of the benefits, however, of the district is that there is no profit passed on to the consumer, because the system facility or service is provided by the district instead of by the developer. There is no tax passed on to the consumer because the system, facility or service is provided by the district and not the developer. It's not put in by homeowners associations, which tend to be more interested in a quick meeting, coffee and doughnuts and go play golf. This is a local government whose mandate is to put the roads, water and sewer and drainage in subject to your permitting and planning and zoning, without passing on profit, without passing on taxes, and with no overhead. And that is the purpose of it. And then on top of that, there is still the actual determination that's got to be in the record, later challenged by a circuit judge and a state attorney, that the public purpose, the lawful public purpose, is met. So your question is an excellent one, and that's why these things were done and that's why they're put in there. And if you want to tell me at some point this particular one to which you have reference, I'll be happy to learn about it. I can say thankfully, it's not -- not one of mIne. CHAIRMAN FIALA: No, it isn't. No, it isn't. MR. VAN ASSENDERP: And thank you so much. Page 61 ---- April 27, 2004 CHAIRMAN FIALA: Thank you, thank you very much. And I will tell you who it is. MR. VAN ASSENDERP: I look forward to it. CHAIRMAN FIALA: Did you have a comment? MR. HEATH: For the record, Glenn Heath of your comprehensive planning staff. I was the staff coordinator for this. I also was slightly involved in the one that you're discussing. It was an older, much older project. The community development district included both a residential subdivision and some commercial property, and the concern of the residents that you mentioned was that they were paying for work that was done on the commercial property. And the laws have changed since that CD was -- CDD was initially approved. It's -- in recent years, it's much, much more -- there are much more safeguards than there were initially. So it's a different -- it's a whole different ball game. CHAIRMAN FIALA: Okay. So the future residents, you say, by the laws that are now in place versus the ones that were about the development I'm talking about, are protected from paying costs that they should not be paying through the CD D. MR. HEATH: I will go so far to say that they're much more protected than the older projects were. CHAIRMAN FIALA: Okay. Commissioner Halas? COMMISSIONER HALAS: I was just going to bring up the fact that this is a newer CDD and it's under the Florida Statute of 190.012, and I think those guidelines are a lot more stiffer than they were under the old guidelines of 189. Am I correct on what I'm saying there? MR. MUDD: Sir, 189 has to do with special districts. It's very different than the CDD. The 189 Florida Statute gives a lot more latitude to the special districts. It gives them some powers that this board had exceptions to. And when those particular special districts came through, you made the petitioner amend their particular powers, Page 62 April 27, 2004 you know, because they had eminent domain powers and things like that that the board had exception to. And that's a special district, and I think the board did very due diligence on those particular items. 190 is specifically for a special assessment for the properties and doesn't include those special rights or powers of a 189. So they're very, very different, sir. COMMISSIONER HALAS: Thank you. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: Yeah, as I listen to the concerns of the Commissioners, I'd just like to summarize those and make sure we understand your answers clearly. Number one, there is adequate notification of any current or prospective purchasers about their liability with respect to special assessments. Secondly, those special assessments must be justified from the standpoint of public need, it must serve a specific public purpose. The cost for those will be charged at cost and will not have any overhead or profit for any developer involved. So I think those are the key issues that we're interested in from the standpoint of protecting the public. And finally, there is a guaranteed transfer of this authority to the owners at a specified point in time under the law. So if all those are correct, then I think most of our concerns have been addressed. CHAIRMAN FIALA: Well, except one more. COMMISSIONER COYLE: Okay. I'm sorry. Go ahead. CHAIRMAN FIALA: That's all right, that's all right. So obviously the consumer is going to be paying for this infrastructure in the end, no matter how it happens, whether it's through a CDD or whether it's in the price of their home, period. So then why do you have to have a CDD if you're going to be passing it Page 63 April 27, 2004 on to them one way or another anyway? If normally that's the way you do it and it's included in the price of the home, why don't you do that? What's the importance of having a CDD instead? MR. VAN ASSENDERP: Because the purpose of the CDD is to make sure that the costs are disclosed and paid for and not included and inflated with profit from a private developer. A person ought to pay for the facilities, not pay for the profit. This is a government entity. And the second reason is, in fact the fundamental reason is, that the district's not per se a financing mechanism. It is a way to imple -- it's a third alternative way to -- the first two alternatives being the private developer, the other one being you, like with your water/sewer district, and the third being a community development district to make sure that a government entity, not an alter ego of a developer, puts in the infrastructure with pinpointed, focused management, with high levels of sustained quality over the long term. It is a growth management tool for that limited, narrow purpose. So say if the Supreme Court of Florida in reviewing it -- and that's the purpose of it. The purpose is an alternative way to ensure sustained, fully disclosed, nonprofit passed off delivery of infrastructure, because you have many, many other things to do. You now know that there's not an amateur out there, you now know there's not a developer out there, you know that there is a sister government who has that one single, narrow special purpose. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: I think I understand where Commissioner Fiala is going on this. Ken, isn't it really also true that this permits the CDD to get financing so that the developer doesn't have to worry about finding financing, that the CDD can actually get financing for this and the payment for that financing is guaranteed by future assessments for the Page 64 --- April 27, 2004 property owners? MR. VAN ASSENDERP: The purpose is -- yes, Commissioner. It is off the county's balance sheet, it is off the developers' balance sheet, and it is fully disclosed so that the differential between conventional rates and commercial rates goes not into the market price of the home. That is a silly statement. The market price of the home is going to be whatever the market purveyors (sic), whether there's special financing or not. But what it does it is allows higher quality construction and higher quality maintenance, which is what the legislature was interested in in 1980, before you all was born, when this law was conceived, to make sure that there was sustained high quality with the savings in the financing. That's the purpose. It is not a financing mechanism. The savings and the financing helps enable it to carry out its infrastructure delivery purpose to implement your permitting and your land use plan. That's the purpose. CHAIRMAN FIALA: Okay. Glenn, did you want to say something else? MR. HEATH: Yes, one last statement. CHAIRMAN FIALA: Your name for the record? MR. HEATH: Glenn Heath, comprehensive planning staff. The CD D contains provisions that if for whatever reason the district fails in its obligations or the county is in a position to do the job better, the county can take over any or all of the responsibilities of a community development district at some point if it's determined that hey, it's not working. So, you know, the ultimate safeguard, the ultimate oversight, if you will, is that in a sense the county is out there watching to make sure that the community development district does what it's supposed to do. CHAIRMAN FIALA: Okay, we have a motion on the floor by Commissioner Halas, a second by Commissioner Coletta. Would you Page 65 April 27, 2004 like to read -- and this is just to approve the CDD. All those in favor, say aye. COMMISSIONER HALAS: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed? Aye. Carries 4-1. MR. VAN ASSENDERP: Thank you, Madam Chair and members. Item #8B APPLICATION SUBMITTED BY NAPLES COMMUNITY HOSPITAL TO THE BOARD OF COUNTY COMMISSIONERS FOR THE ISSUANCE OF A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE TRANSPORTATION SERVICES FOR THE INTER-FACILITY TRANSFER OF POST HOSPITAL PATIENTS - APPROVED WIIRSIællLATION S MR. MUDD: The next item, Madam Chair, is a public hearing to consider an application submitted by the Naples Community Hospital to the Board of County Commissioners for the issuance of a certificate of public convenience and necessity to provide transportation services for their inter-facility transfer of post hospital patients. And Mr. Dunnuck will present. But when Mr. Dunnuck is done presenting, then I need to talk about the collection of bills. MR. DUNNUCK: Commissioners, for the record, my name is John Dunnuck, administrator of zoos, marinas, golf courses and Wally Page 66 ------ April 27, 2004 World. COMMISSIONER COYLE: And hospitals. CHAIRMAN FIALA: And libraries. MR. DUNNUCK: I'm here to present you with the application for the certificate of public convenience and necessity for Naples Community Hospital. As you recall, when this item first came forward, we directed the hospital to work with us on this item because we wanted to get out of the post hospital business. As such, the hospital has complied. They have submitted an application, they've answered the eight questions that's included in your executive summary regarding post hospital transports. In essence, they've purchased two ambulances. They're ready to rock and roll. We've set up the agreement with the medical director to be the same medical director. They will utilize the same protocols that we're utilizing. And from the perspective -- the one thing I wanted to touch upon was the fiscal impact issue, because there's been some comments about that. We anticipate that with this item, there'll be a fiscal impact of about, if you looked at it on its face, of about $1.1 million to the revenue side of it. But what you have to understand is that that will also mean that there's an avoided expense side on that side of it. And we wanted to make sure that was perfectly clear. Presently under your Growth Management Plan, we're scheduled to add a growth unit next year. We're also scheduled to add a growth unit in '06. As such, we will not have to add those units because of this certificate. What this also may mean is we may not have to add a facility in '06 as well, which we're presently scheduled to do. So the benefits of it are, while there will be a fiscal impact that will offset by expenses on our side, at the same token, you will see a benefit to -- while we're in the process of doing a new impact fee Page 67 April 27, 2004 calculation for EMS, you may actually see a savings in that respect. And I know that's something that may be a new concept in the development community, but it's something that from our standpoint, because we have these fewer units and we have potentially a lesser facility, you may actually see that. We're actually going to revise the study, based upon the board's direction today. With that, I believe all the people here to comment on that are standing over in this area over here, and I'll answer any questions that you may have. CHAIRMAN FIALA: Do we have any speakers? MS. FILSON: No ma'am. CHAIRMAN FIALA: Commissioner Coletta? COMMISSIONER COLETTA: I'll be honest with you, I've been reviewing this, and I've got about a 180 degree turnaround from where I originally was on this. I think we lost some of the intentions of the whole thing. The idea was is to try to have a service provided that was going to cost less money. In other words, move -- what's the word, patients that are non-critical, patients that are -- it's a glorified taxi service that we're actually talking about. Well, for lack of a better description. However, we're holding them to standards that are the same as that we use for transporting critically injured people. The standards are so strong, so severe, that the only people that can fill these jobs are our own EMS personnel that will be doing this as overtime on their -- not overtime, be doing it as a moonlight job on the side. They won't be able to hire people off the street to be able to drive these vehicles from point A to point B to take these patients that are in very little danger as far as their health goes. It's just to move them. And whenever those types of patients have to be moved, the regular EMS is available and would be used on a regular basis. My concern is a couple. One, the cost that they're going to Page 68 -------- April 27, 2004 charge is just about -- it's almost an exact duplicate of what we charge for EMS for the full service. However, we also pay 31 percent over and above their salaries for benefits. Now, Naples Community Hospital is not going to be paying the benefits. They're just going to be paying the base wage. So they're taking these people, the resources that we trained, the benefits that we paid, and they're utilizing them in an overtime manner that may start to weaken the fabric of the resource that we have in these EMS personnel. In other words, they're working 50,60 hours a week and now they're going to be working so many more hours a week for Naples Community Hospital. That's one aspect of it. The other aspect is the cost to the consumer. Now, this is a big, big concern. It boils down to one thing: There is no cost savings. And my thought was in the beginning was is that we were going to have a service that was going to move these patients interagent -- between different hospitals, between doctors, possibly outside the area, those patients that are not in any critical danger, and it was going to be a tremendous savings and it was going to take a burden off the county. However, we've put a whole bunch of requirements on this to the point where we've created a monster. And I'm looking at this thing and I feel like we've really done ourselves a disservice. Meanwhile, we have our -- another hospital here in town, Cleveland Clinic, who does provide their own ambulance services from private vendors out there. And they're doing a wonderful job of it. But there's a squeeze play going on to have us still supply the personnel for this indirectly, to guarantee a large profit at the cost of the consumer. So I'm having a real problem with this and I wish somebody could give me a level of comfort that doesn't exist now. MR. DUNNUCK: Well, let me start by saying what your savings are. From the standpoint of pre-hospital care, what you're going to save is level of service. You're going to have an improved Page 69 April 27, 2004 level of service. You mentioned on the back side, from their service side that it's a glorified taxi service, so to speak, because in a lot of cases they're stabilized patients. Well, first, I have to say things do go wrong on those stabilized patients from that perspective. But on the second side, prior to, what it will do it will free up two ambulances for us pre-hospital care. It will prevent us from having to do zone coverages, so we will be able to get to the patient faster. So that is a benefit to the community in that respect. From a standpoint of fees, you're correct in what they've proposed is a fee where they're a little bit higher on the flat rate, a little bit lower on the mileage rate. Does it wash out in the mix? You know, it's hard to tell. It really comes down to the balance of how many they take between North Collier and the main hospital versus how many they bring up from Marco to the main hospital in that respect. And that will be something over time we'll be able to tell. But from the standpoint it is a comparable service, because they are -- it's a comparable charge for a comparable service. You have to remember, when we went back on the ordinance option of it, we requested -- we said that we were only married to the protocols. We weren't married to necessarily having the same medical director and everything that goes along with that, which is the training of staff. We said make sure your people are trained to be able to handle the protocols but not to the level of requirement of the Tober certification. The Board of County Commissioners, under your MSACS recommendation, said we want to guarantee that same level of service that we had in the past. We don't want to have anything lowered as a standard. And as such, the hospital complied with that and that's why we have an agreement for Dr. Tober that was previously adopted contingent upon this item earlier today. But from that standpoint, you followed the recommendation of Page 70 April 27, 2004 your emergency medical services advisory council in order to follow and to maintain a high level of service. COMMISSIONER COLETTA: And I understand. And a high level of service is important in most cases. In this case, I don't think that it's required to reach that level of service. And I think that the profit angle on this whole thing is going to be enormous for Naples Community Hospital. And God bless them, you know, they've got to cover their costs somehow. But I don't want them to do it at the expense of those uninsured people out there that have no other resources to fall back on. Why should the rate be set at a rate that the insurance will pay and then go on with it at that point? We're still subsidizing this whole operation the way it's set up. Possibly the level of service should be different. I know in other communities they meet the needs of the public out there in more appropriate ways. And where there is a time that you have to have that special care, EMS is available there to provide it in its full glory. And they're a wonderful EMS that we have. I really question the direction we're going with this. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: That must have been from the last time. No. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: Yeah, I would like to try to get some clarification on the loss/profit issue. We talked about this yesterday, and it was one of the questions I raised during our discussions. It's my understanding -- I believe that the amount of money that is included in the executive summary is somewhat misleading, because it does say we'll lose $100,000 this fiscal year. Well, that's only because we budgeted that amount of money. And if you go into this particular arrangement, we won't get it. But next year and the Page 71 April 27, 2004 year after that, under this arrangement, we won't have to pay for additional EMS units. And I've been given figures of $750,000 per unit that we will not have to pay over the next couple of years. And I don't know what happens after that, but that would be a problem of normal growth, not this particular agreement. So any way you look at it, that's a million and a half to $2 million we will save -- or we will avoid, because we won't have to add those two additional units. So I think there is some benefit there. Now, the concern about the standards I think is a valid concern. But I don't think we should try to make any decisions about that unless we hear from Dr. Tober and the MSAC. I believe they have some good reasons for doing the things they do, and the staff pointed out some reasons to me yesterday, that you want to make sure that the medications are compatible. You don't want a major change in protocol from our EMS standards and those that are employed by the hospital. So there are certain things we need to be very careful about. But I do believe that there could be some relief granted in certain areas, but I'm not qualified to make that determination. I would depend upon Dr. Tober and the MSAC to guide us. So I would suggest that we deal with the issue of the contractual arrangement, and if we have concerns about the -- the standards that are required under what we might term as non-emergency transport, if we're concerned about those standards, we need to run them through the MSAC and Dr. Tober before we make any decisions about it. CHAIRMAN FIALA: Okay, I have a question about 5(A). Did they pay their bill? MR. MUDD: That's what I need to talk about. And just a point of clarification. The whole reason that we started this issue was to get us back on track doing emergency transport and get us out of the non-emergency transport that we were in to go from hospital to Page 72 April 27, 2004 hospital and out of county, and that was one of the issues. But let's talk about the bill. Commissioner, first thing I want to, for the record, mention, that there's been a series of public hearings, board meetings where we discussed the bill. To the one, the last one that was on 27 January, and it got to the point in time that there was so much frustration on the board from different members that they basically said I don't want this to come back anymore. I will tell you that no memoranda or letters of agreement or memorandums of agreement, memorandums of understanding or anything were signed as a result of any of those meetings that we had between the parties. Not because we didn't try, it's because nobody wanted to sign on the other end. So what you have in front of you on your visualizer and up on the screen is the latest bill. And, you know, there's months that we still don't have all the facts and figures on because those bills are still comIng In. But you'll notice that there's basically four columns. There's Medic 80, there's inter-facility in-county, there's -- intra-facility in-county, excuse me, inter-facility out of county, and then there's NCH miscellaneous. And then you'll note on the rows, you'll notice that there's calendar year 2000, 2001, 2002 and 2003 in the first four rows. I met with Mr. Morton this week and we both have come to an agreement that those four rows, from 2000 to 2003, and those outstanding balances, we will have a billing summit and we will talk about what's owed and what's not owed in that summit in order to get some resolution to that process. And there was some confusion about Blue Cross and Blue Shield as far as rates are concerned and things like that. But we'll go over that billing. The next row on the fifth is July 24th to December 31 st. Page 73 April 27, 2004 Basically the board's direction was to collect the inter-facility out of county at the current rate by ordinance. Then you have the January 24th, 2000 bill of $40,000. And then you have inter-facility in-county from December, 2003, January, 2004, February, 2004, to the sum of about $114,000. And that's on the second column for those rows. And then you have March, 2004, April 2004, for Medic 80 to the tune of$41,769.66. The resolution on Medic 80 and intra-facility in-county, in principle the hospital says that those particular amounts are justified, minus about $1,400. And I'll show you the check for $1,400 here in just a second. The intra-facility out of county, NCH is only willing to pay Medicare plus 10 percent. They withheld $50,000 on a previous payment. That 170,000, I think it was. They held back $50,000 on that previous to get it to the Medicare plus 10 percent. Not that it was an agreed upon, they just held that $50,000. And they are willing to agree to pay the Medicare plus 10 percent inter-facility out of county for the third column. Now I'm going to change the piece of paper, not because I'm trying to protect anybody, but I want to give you -- and I want you to remember, that was 333,608, okay, where my finger is. COMMISSIONER HENNING: 332. MR. MUDD: 332, excuse me, sir. I stand corrected. The bill, if it was Medicare plus 10 percent on the third column, that fee would be $186,631 through January 31 st. So there was a combination of the two entries, the 292 and the 40 in the previous into that 186,631.58. I do have a check. And, again, the fourth column that used to be over here that talked about those previous bills from 2000 to 2003 for the billing summit are not part of that particular issue because we have to have a billing summit in order to discuss those. Page 74 ------- April 27, 2004 I do have a check in my hand, or at least a copy of the check that was written yesterday. We do have the check. Mr. Page has that in his safe, from NCH to the tune of$341,974.24. There's a $1,400 discrepancy in these two columns in different amounts that we have to basically get back with NCH in order to justify, rectify or whatever. Now, there's no agreement before you that says that any due amounts from the dates that are on this particular chart from January 31st -- excuse me, 1 February through the end of April, there's going to be costs on this particular column and NCH is basically asking that those be Medicare plus 10 percent, based on this payment, if the board accepts it, and is willing to pay whatever those amounts are for intra-facility and Medic 80. I would also like to let the board know, subj ect to this license for the ambulances for NCH, that Medic 80 would be taken off on 1 May and they would provide their own inter-facility and out-of-county transports with their own ambulance services. That's all I have, ma'am. CHAIRMAN FIALA: Well, what has been our policy for developers when they don't pay impact fees? Do we -- COMMISSIONER COYLE: Red tag them. CHAIRMAN FIALA: I don't know, I'm equating this with the impact fee issue, and -- well, I'll make more comments later. Commissioner Coletta? COMMISSIONER COLETTA: Yes, thank you. One more time. I want to draw a comparison. It was, I wouldn't say fluffed off, but the difference in rate between what Naples Community Hospital and Collier County pay, they're more similar than they sound. For example, Naples Community Hospital charges $5.00 a mile, as compared to $9 for the county. Their base is 393, the county is 350. Now, when you add it -- for 10 miles, now, figure it's just going to be 10 miles, maximum, just to round it off. Comes out the Naples Page 75 ------ April 27, 2004 Community Hospital charge is going to be $443, and the county is 440. That's more than coincidence. Meanwhile, we're sub -- now, I don't have any problem if we come out right out and we admit up front that we're subsidizing the hospital. COMMISSIONER HALAS: I do. COMMISSIONER COLETTA: No, to admit it. Ifwe want to admit it and face it head on, the fact that we're doing it. Thirty-one percent over and above the pay we pay when they're working for us. So that allows them to go and moonlight with their training that we've also paid for, for Naples Community Hospital. Now, we're obviously close to breaking even on this. Naples Community Hospital has got to have this geared to make a profit. Now, as long as we realize this going into this with our eyes wide open, that's one thing. But I don't want to get to the point -- you're timing me again, right? Okay. You made me lose my train of thought. But I just want to get this point across, you know, we're not doing the consumers a favor. And meanwhile, a resource of ours is being tapped that we're subsidizing the hospital with. Now, if somewheres along the line this is what's necessary to be able to save at the other end of the equation, maybe that's right. But I'm still concerned about the absolute consumer. And I'll tell you what, these rules and regulations that we put together and the standards that we're putting on are way over and above what's needed. And the average consumer out there that's going to be paying for it is paying way past anything that's realistic. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: Well, I'm tired of a private hospital that's in there basically for a profit, and if you don't believe so, just look at their bottom line every year. And I'm sick and tired of them Page 76 April 27, 2004 fleecing the taxpayers here in regards to not paying their bill. Every time they've come in front of us, they've argued that -- and tried to worm out of paying for their bill, and that's the only way I can look at this. And I think it's time that they step up to the plate. And I'm sure that the cost -- every time they come before the county commission and ask that we disallow different charges, you can bet that the consumer is ending up paying for these anyway, or the insurance company. And I think it's time that they step up to the plate and find out what it's really going to cost them. And I think that we need to go along with what has been proposed today. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: Yeah, I really think we do need to clarify this apparent misunderstanding that we're subsidizing the hospital. It was my understanding that we were really getting out of that business and letting them do it. And I thought -- I thought that was a way of us no longer subsidizing it. But Commissioner Coletta has obviously given this some thought. And I'd like to make sure that we all understand what we're doing here. And I'd like the staff to address Commissioner Coletta's concerns, because if we are in any way underwriting this operation, then it is contrary to what we've been trying to do. Now, I understand the issue of some of our employees working for the hospital, but that probably is something we shouldn't try to control. I mean, employees can take on second jobs if they wish, as long as it doesn't interfere with their primary job, and that's something beyond our control. But can you explain this to us a little bit, in a little bit better detail? MR. MUDD: Commissioner, just -- first of all, we're not subsidizing the NCH with the particular agreement. Commissioner Coletta's made some assumptions in his statements that say because a county employee works for NCH, has a potential to work for NCH, then therefore the training that we put into that employee will be to the Page 77 ---- April 27, 2004 benefit of that part-time employee. There was also an assumption that if indeed it is a part-time worker working for NCH, then NCH would not have a benefit package. Well, most part-time workers in Collier County don't get a benefit package when they're part time. It is only until they're full time that they get a benefits package. With all that being said, he is dead on when he talks about the protocols that are put into this certificate of need. They are very stringent, okay? And for NCH to follow those protocols, they will have to start up a training program to train their full-time employees in order to get there. In the meantime, I would think, as Commissioner Coletta is assuming, that they will go to the Board of County -- they will put an advertisement in the paper and ask -- or go to our union and ask if there's any employees, Collier County employees, that have been trained, if they would like to do part-time work in their ambulance service until they can get their training program up. I really believe that's going to happen. It's probably going to be a short-term endeavor. I will tell you now, under this Medic 80 agreement, we have at cost transport, that agreement that sits there, that's been kind of out of whack until since the end of September, and it's part of this disagreement we're having with NCH, that was pretty much the county subsidizing the Naples Community Hospital with a bare bones ambulance with no profit margin, nothing for our training of employees. It was basically at cost. And I'm talking about material cost, time and the ambulance maintenance in order to do that. And I will tell you, it gets us out of the subsidizing that we're doing right now for this particular hospital under current arrangements, or lack of current arrangements, for better words to grab, because right now we don't have any. And it really gets them to stand on their own two feet. Page 78 April 27, 2004 If the board wants to lessen the protocol -- and I think I've talked to every one of these commissioners off-line to talk about maybe the protocol is too stringent, okay, and is it really the training of each medic that we're worried about, or is it for a liability reason to make sure that the medication protocols are compatible, and so that there's no differences just in case they take one out of our ambulance when they go to NCH, and then put it in one of theirs that they don't give them some medication that goes counter to good medicine. Is that more of what we want to have in that process? I hope my statements have added some clarity and not confused it. COMMISSIONER COYLE: If I can just follow-up on that and summarize, to make sure I understand what you just told me. We previously subsidized the ambulance service for the Naples Community Hospital substantially. And the board directed you to get out of that business. And so you've come up with an agreement that says okay, we're not going to subsidize it, the Naples Community Hospital is going to have their own ambulances. The only way we're involved from this point forward is if the Naples Community Hospital does hire one of our EMS employees on an overtime, part-time basis. And it's my belief that we really will not have any control over that. Is that a true statement? MR. MUDD: Commissioner, I have control over that. If the board so directs me to make sure that our EMS employees don't work, I can deny them the ability to moonlight for NCH. COMMISSIONER COYLE: But do you do that for any other employee? Is that common practice? MR. MUDD: Sir, only if it gets in the way of their duties for Collier County. COMMISSIONER COYLE: Their primary duties, that's what I thought. So I would be reluctant to direct you to do something that is Page 79 --- Apri127,2004 not normally routine. But if that is the case, then I am not concerned about this process of underwriting. I think we're okay. MR. D UNNU CK: And just one other thing I want to add for departmental clarity, too. We would not allow any employee from our facility, our department to work for another entity without making sure they didn't have the proper time to get home and go to sleep before they came on shift for us. So we -- the minimum requirement for us is that they don't come from another place and come to work here, they have to have eight hours of sleep before they can do an ythin g. CHAIRMAN FIALA: Commissioner Coletta? COMMISSIONER COLETTA: Yes, I don't have a problem with them having our employees under reasonable circumstances. My problem is the end results and what's being charged. And it's our own fault the way we placed this protocol on them. I think the protocol is totally unrealistic. I think there should be another level of protocol to be able to deal with this that's more realistic and they should have their own medical director there to be able to deal with it. Then they can bring their cost down, they can bring people in to train people to whatever level of service that they need. We're responsible at our end for what we produce. Naples Community Hospital has proven themselves time in and time out to be responsible medical providers. I'm sure they're not going to provide an ambulance service and put somebody in there at great danger to their own personal health. If they did, the liability falls on them, it doesn't fall on Collier County. I hope the day comes that we can take a good look at this as far as the protocol comes and the medical director issue. Ifwe could do less than that, then Naples Community Hospital probably could provide a service that will be less expensive to them and less expensive to the consumer. Page 80 April 27, 2004 COMMISSIONER COYLE: Commissioner Halas? COMMISSIONER HALAS: This is directed to the legal staff. If we lower the requirements of the protocol, does that put the county in any liabilities in regards to transporting people? And then we transport them to the hospital and then for some unknown reason, this person has to be transported out of the county, and if we don't have the same protocol and there's a problem with medication, who's at fault then? MR. WEIGEL: Good question. But I think what we'll run into is most of those kinds of situations will to some degree fact specific. But for purposes of a general answer here, when those patients are not under the care of the county's staff and facilities, the county is not liable for them. They're under the care and protection and decision-making of the hospital facility and the physicians that are there interacting with them. And the county would not -- I would not see a liability for the county there. COMMISSIONER COYLE: But David, if we, that is the county, is responsible for establishing the standards and if someone has a belief that the standards were not sufficiently high, don't you think that the lawyers would go after whoever the deep pockets are? MR. WEIGEL: That would probably be the case. The fact is, is that with any standard the county sets, it's a typically a minimal standard, and that may not necessarily be the standard that -- or that particularly suits an individual application to a patient. The minimal standard, as discussed by Mr. Coletta, is the thought and the concept that where in fact a lesser standard of transport is necessary, a lesser standard of transport could be provided, as opposed to having a higher standard required where such standard is not necessary. I don't believe that the EMS staff, the county staff and -- nor the Board of County Commissioners are in a position to be appropriately charged with liability if in fact the hospital, its administrators, its Page 81 --- April 27, 2004 physicians who have their own responsibilities, particularly with the patients that they are serving, operate at a different level. I don't believe that it would -- from the fact of the legislation created by the county, that that puts the county in a position of liability. CHAIRMAN FIALA: Commissioner Coletta? COMMISSIONER COLETTA: Yes, I think we're all getting close to saying the same thing. Why can't we approve this with the stipulation that we're going to address the protocol issue to where it falls back on the Naples Community Hospital's accepting responsibility for the protocol and the medical director? And if we can't take responsibility for EMS and the hospital to be able to work together, to be able to coordinate medications and all that, then shame on us. MR. MUDD: Commissioner if -- Madam Chair, if I could add one thing to that. Yes, we can through MSAC work on that. And this certificate of need is an annual requirement, and so it has to come back to the board next year for review. And during that particular time, protocol with MSAC and those particular issues, we can work on that and make changes during -- COMMISSIONER COLETTA: The only problem is, once we get entrenched with a whole system of particular protocol the way it is, to try to back pedal a year from now, I don't know if it's going to work. MR. MUDD: Well, Commissioner, I'm also going say too, even if you lessen the protocol, and there's no direct correlation that Naples Community Hospital is going to lessen their rate for hauling. I mean, that's making another assumption that this board has no control over. COMMISSIONER COLETTA: No, and I know that. But one of the reasons that the rate's got to be where it is is because of the protocol, the unnecessary protocol that we're burdening them with. Page 82 April 27, 2004 And we have all this back and forth, we're going to have to have regulations, we're going to have to have inspections. It's going to be never ending. The hospital is a responsible entity that can take care of their own business. CHAIRMAN FIALA: I really agree with you, totally. And what Commissioner Coletta is actually saying is he cares about the people who have an inability to pay, and he cares about their insurance and he cares about the rates. And what he's concerned with is that the rates will be too high. And I also share that concern, and I appreciate that. I also want to note two other things: Number one, we still have an unsigned MOU, right? MR. MUDD: Ma'am, we have no MOU. CHAIRMAN FIALA: And so -- MR. MUDD: We have several MOUs that aren't signed. But what I would say, if they get their certificate of need, that on 1 May they start their ambulance service, we get out of the Medic 80, and if they call upon Collier County to do any transport out of county because of an emergency, that they pay the fees that are stipulated in our ordinance. CHAIRMAN FIALA: So in other words, if we approve this, they don't need an MOU, right? MR. MUDD: That's right, ma'am. CHAIRMAN FIALA: Okay. Secondly, if we approve this and they've only paid half of their bill, does that then give them the license or the ability not to pay the rest of their bill? Does that handicap us in any way at the negotiation table? MR. MUDD: Ma'am, what I would say, if -- I'm going to put this back up. Before we end this particular item, I would say to the board that we probably need to be consistent upon this payment under this inter-facility, out of county. And at this particular juncture, NCH is willing to pay Medicare plus 10 percent. Page 83 ---- ----'------ April 27, 2004 CHAIRMAN FIALA: Yes, but that isn't the rate that we charged, right? I mean, we paid more than that. So in other words, we're subsidizing again; is that correct? MR. MUDD: To some extent, yes, ma'am. You're subsidizing big time on this Medic 80, because that's at cost. And that's even less than Medicare plus 10 percent. Ma'am, I will tell you, we've been subsidizing for a long time. CHAIRMAN FIALA: Well -- and I know that we want to get out of this business, and I think that that's great, and I feel that they can do the business. I would hope that they would do it at a more reasonable rate than what we've heard, but I doubt that. But what I don't like is that their bill isn't paid. I think as soon as we then approve something like that, we lose our chances to collect the rest of the bill, just like old impact fees. If we didn't pursue, then we didn't get the old impact fees. So I still have a lot of reservations. Oh, and I have three commissioners that are up here to bat. Are you next, Commissioner Halas? COMMISSIONER HALAS: I hope so. CHAIRMAN FIALA: Okay. COMMISSIONER HALAS: What I'm concerned about is the fact that I understand where both Commissioner Coletta and Commissioner Fiala are coming from. But if we lower the protocol rate, that does not mean that the hospital is going to lower their rate. There's no guarantee that they're going to lower their rate. Ifwe give them a break, they're going to turn around and they're going to charge whatever the market value is. And I feel that the protocol should remain the same. W e'lllook at this, but I also say that we need to look at what we feel is due to the taxpayers here in Collier County in regards to the subsidies that we've given to this hospital. And I think we need to go and tell them that they have to step up to the plate and give back some of the money that is owed to the taxpayers in Collier Page 84 April 27, 2004 County . And again, I'll state again that if you change the protocol, that does not mean that the hospital is going to lower their rates. So that's where I stand on this issue. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: Yeah, I would encourage the Commission not to get these two issues wrapped up in this particular resolution. Let's leave the protocols for a later meeting, only after we've consulted with our advisory committee and Dr. Tober. You know, we're really not qualified to make that determination. And I think you've raised some good points. Let's run it through the advisory committee and Dr. Tober and get some ideas about how to handle it. Now, the thing with respect to the transport fees, ambulance fees, Commissioner Coletta has provided us some information that suggests that the hospital's rates aren't much different from our rates. They're pretty much the same. So if we're saying that the hospital should refund money to the people, then we're also saying we probably would have to refund some money to the people. And I think it's a dangerous situation to get into. And I'd sort of like to leave that up to the market. But I would like to approve this agreement. And I will make a motion that we approve the agreement. And that if the other commissioners wish, we can direct the staff to take up the issue of the protocols with MSAC and Dr. Tober and see if something can be worked out there. CHAIRMAN FIALA: What about their bill? COMMISSIONER COYLE: I would like to ask the County Manager if he thinks that this is just the time to get out of this business and have it over with, or do you want to continue to fight over this issue? And you're going to have to tell me where you think we can go with it. Page 85 April 27, 2004 MR. MUDD: Commissioner, I believe it's time to get whatever bills that we can get paid. The only fees that are in any kind of conflict are this particular one. I believe that the Medicare plus 10 percent rate basically funds the county for their ground transport. It doesn't fund their helicopter transport. But Commissioner, like this board was on 27 January, I'm really tired of this. And it seems like we're going nowhere fast. And what we're basically doing is trying to kill two institutions in Collier County that have been pretty much outstanding, the Board of County Commissioners and NCH in this process. I believe Mr. Morton was sincere in saying that the Medic 80 -- the Medic 80 charges all the way to the end of April will be paid in full, that the inter-facility in-county, the second column, will be paid in full, that the third column would be Medicare plus 10 percent, which pretty much pays the county for expenses incurred, doesn't get at the training issues, and I have to admit that, nor does it get the helicopter costs, because it's a lot more than Medicare plus 10. In this particular column over here on the fourth, we will have a billing summit to make sure that the fees -- and let me tell you, here's a for instance on the fees. And I mentioned Blue Cross. And Blue Cross, basically -- if you have a $4,000 patient, okay, for Blue Cross, when you accept a Blue Cross patient, you basically sign on the bottom line that you're going to accept Blue Cross at some reduced rate over what you're going to charge. So you bill 4,000, they come at 3,000, the patient's got a $500 deductible. Now, if you go back to Naples Community Hospital and look for the other $500, okay, the county can pick up that $500 and take it into the county. But at the same time, part of the Blue Cross agreement, they have to give that $500 back to Blue Cross. So there's nothing gained. We need to sit down in that billing summit and see if we don't have some of that convoluted issues within that $183,000. And that's why he wants to Page 86 April 27, 2004 talk about the billing summit. And I believe we're going to spend more money transferring dollars than we're going to get anything accomplished. So we're going to sit down with them, and whatever is truly owed by the hospital, and it isn't mixed up in this Blue Cross issue, Mr. Morton said that there would be no problem with that payment. But he just wants to get some clarification on those particular things. CHAIRMAN FIALA: And when will that payment be made to us? MR. MUDD: Ma'am, I hope to get everything resolved here before the end of May, okay, with everything that's owed up until when -- CHAIRMAN FIALA: You hope. But is that a guarantee? MR. MUDD: Ma'am, hope is never a method. But I'm going to do my darnedest, and I plan to report back to the Board of County Commissioners. Now, I will say again to you that this certificate of need gets reviewed on an annual basis, and if the board decides to hold that -- withhold that license next year because of nonpayment, you have that opportunity, ma'am. COMMISSIONER COYLE: You asked me a question about my motion, so let me just finish that, if you don't mind. CHAIRMAN FIALA: Sure. COMMISSIONER COYLE: Then based upon what the County Manager has told me, my motion would be that we approve this agreement and that we ask the staff to go to the MSAC and Dr. Tober to discuss the issues of protocol, and that the staff continue their efforts to obtain reasonable reimbursement for the outstanding bills. And if we're not satisfied with the results, we can always deal with this certificate of need issue at a later time. COMMISSIONER COLETTA: I'll second that. Page 87 April 27, 2004 COMMISSIONER HALAS: I'll second that one. CHAIRMAN FIALA: I have a motion on the floor by Commissioner Coyle and a second by Commissioner Coletta. And then Commissioner, you have comments? COMMISSIONER COLETTA: Just a comment. This has been an extremely healthy conversation. I'm glad that we got to get all this out in front. I know right now there's probably some people out there that are tearing their hair out trying to figure out where we're going with it. But I do believe now that the ball's in Naples Community Hospital's court. It's for them to come back to us and say yes, we want to establish our own protocol, yes, we want our own medical director, and bring it back to the commission at the appropriate time, either sometime during the year or when their license comes due again a year from now. And I appreciate the fact that you all were willing to sit through this and I think we did very well with it. CHAIRMAN FIALA: This is important because the county and the hospital need to be working together well. All of our insurance is handled through the hospital's network, and so we're a great supporter of the hospital and have been, and vice versa. I would expect them to want to pay their bills, being that we're there for them. So -- and that's been very important to me, as you can see throughout this entire conversation. So if we have written that into our motion, then -- would you read the motion again for me? MR. MUDD: The motion, ma'am, is to approve the certificate of need, direct staff to go to MSAC and coordinate with Dr. Tober about any kind of a modification to the protocols that we're asking NCH to have and come back with a recommendation for this board, and to direct staff to collect all reasonable costs and bring back the final payments to the BCC for information. CHAIRMAN FIALA: Great. Okay, fine. We have a motion on Page 88 April 27, 2004 the floor by Commissioner Coy Ie and a second by Commissioner Coletta. Any further discussion? (N 0 response.) CHAIRMAN FIALA: We have to close the public hearing, don't we? We have to close the public hearing now, and we had no speakers; is that correct? MS. FILSON: No, ma'am. CHAIRMAN FIALA: A little bit late in the game, but anyway, we've taken care of that. All those in favor, say aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: That passes with a 5-0. MR. DUNNUCK: Thank you, Commissioners. Item #9A RESOLUTION 2004-161 REAPPOINTING ROBERT CUNNINGHAM TO THE FOREST LAKES ROADWAY & CHAIRMAN FIALA: I just had a conference here with Commissioner Coyle. We had thought we would be out of here very early. Obviously we're not going to be, so we'll try and go through 9 and finish all of that up and then we'll take a lunch break and come back for the other items. Sorry that we have to do that. Page 89 April 27, 2004 MR. MUDD: Madam Chair, can I ask one favor of the board? CHAIRMAN FIALA: You may. MR. MUDD: Ms. Karen Bishop has been getting kind of the runaround. And she had a public comment petition in and she wanted to speak. I think she signed up. She's not signed up? MS. FILSON: No. MR. MUDD: She had asked if she could talk on public comment. She has a client that wants to put a sign up. And she's been tossed between lease and doing something different on that particular parcel of land. And she asked if the board could do that. I basically said we'd probably be out of here by noon, too. She's been sitting here for a while. But she has to sign up if that's indeed going to happen. CHAIRMAN FIALA: But is she here anymore? COMMISSIONER HENNING: She's probably talking outside. CHAIRMAN FIALA: Oh, okay. So what you would like to do is have us hear her? MR. MUDD: Ma'am, if you do 9 and if she signs up and shows up at the end of9, I'd like her to have her five minutes in front of the board, because she's asked ahead of time for that. CHAIRMAN FIALA: Okay, fine. Very good. So we'll go on to 9( A) right now, and that is to reappoint -- or to appoint one member to the Forest Lakes Roadway and Drainage Advisory Committee. COMMISSIONER COYLE: Motion to approve reappointment of Robert Cunningham. COMMISSIONER HENNING: Second. COMMISSIONER HALAS: Second. CHAIRMAN FIALA: Okay, I have a motion to approve Robert Cunningham and a second. All those in favor, say aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. Page 90 April 27, 2004 COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Very good. Item #9B RESOLUTION 2004-162 APPOINTING RAYMOND J. BOWIE TO THE COLLIER COUNTY CODE ENFORCEMENT BOARD - ADOEIED COMMISSIONER HENNING: Motion to approve Robert -- Raymond Bowie for the Collier County Code Enforcement Board. COMMISSIONER COYLE: Second. COMMISSIONER HALAS: Second. CHAIRMAN FIALA: Okay. I have a motion on the floor by Commissioner Henning, second by Commissioner Coyle. All those in favor, say aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) Item #9C RESOLUTION 2004-163 APPOINTING SHARON KING AND Page 91 April 27, 2004 VICTOR L. BRITTAIN TO THE BA YSHORE BEAUTIFICATION CHAIRMAN FIALA: Motion to approve two members to the Bayshore Beautification MSTU Advisory Board. And I motion to approve Sharon King and Victor Brittain. COMMISSIONER COYLE: Second. COMMISSIONER HALAS: Second. CHAIRMAN FIALA: I have a motion on the floor by Commissioner Fiala and a second by Commissioner Coyle. All those in favor, say aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) Item #9D RESOLUTION 2004-164 APPOINTING GEORGE C. MOHLKE, COMMISSIONER COLETTA: Motion to approve George Mohlke, Jr. and Ray Cadwallader to the Housing Finance Authority. CHAIRMAN FIALA: I have a motion on the floor to approve Chuck Mohlke and Ray Cadwallader. Do I have a second? COMMISSIONER HALAS: Second. CHAIRMAN FIALA: And a second by Commissioner Halas. All those in favor, say aye. Page 92 April 27, 2004 COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Okay, we have a 4-1 on that. Item #llA KAREN BISHOP REGARDING THE POSSIBLE LEASING OF A MS. FILSON: And that brings us to public comment, which I have one speaker, Karen Bishop. MR. MUDD: Ma'am, this doesn't end the public comment, we're just asking for one speaker-- CHAIRMAN FIALA: Right. MR. MUDD: -- to the public comment-- CHAIRMAN FIALA: Right, just moving her up the ladder. MS. BISHOP: Good afternoon. Karen Bishop. I'm here representing Bay West Nursery, to ask your permission to lease 50 feet of property in front of the new location. Currently Bay West is operating south of Immokalee Road. They are trying to open -- or actually already have opened a facility on Old 41 for orchids and other specialty plants. Now the problem is that the right-of-way, as you can see, is huge. Let me get my fingers in here. This is the site right here. The distance from the right-of-way to the edge of payment is about 85 feet. And there's a ditch in between, which is about 35 feet. So what we're Page 93 April 27, 2004 asking to do is to lease the property that I've shown in dashes there, which is 50 feet, to enhance it with landscaping and a sign. And that really is the -- COMMISSIONER HENNING: It's our right-of-way? MS. BISHOP: Yes, it is. And unfortunately the way the sign ordinance reads is, you know, you have to be on your own property. And we're so far away from the edge of payment that it can't be seen. And so we would like to just borrow -- you know, borrow your property, pay you for it, while we're doing it, enhance it. COMMISSIONER HENNING: And it has to be -- MS. BISHOP: Lease. COMMISSIONER HENNING: -- an official lease -- MS. BISHOP: Right, because -- COMMISSIONER HENNING: -- with the board? MS. BISHOP: Correct. COMMISSIONER HENNING: I'm all in favor of that. MS. BISHOP: That way nobody can -- that way your right-of-ways are used properly and it doesn't open up the doors for everyone and their grandma coming in with a right-of-way permit. CHAIRMAN FIALA: Does staff have any problem with it? MR. MUDD: Ma'am, we just need to get some board direction on that one. I mean, if you -- and I'll put this up right now. That sale sign right there are a bunch of cups that have been put in the chain link fence, okay, to make For Sale. They could, under our sign ordinance have an eight-foot by 10- foot sign without asking for any kind of lease with us that's basically put on that fence. The other issue is -- and any kind of sign would be better than what we have right now, because the besides the sign -- and you can see the cups, okay, so that you get a little bit of that. And that's not necessarily legal. And neither is the Orchids 101 that are basically Page 94 April 27, 2004 cups. But that's about the only way that this particular business can be seen from the street because of that 85 foot. I believe that there's some agreement in a lease that we could do that's set back away from the traffic, you know, so it's 85 feet. It wouldn't be right up against the traffic, it would be back off some 30 feet or so, provide this particular petitioner with the ability to advertise their business with a sign of the size that we have for, at Commissioner Henning's initiative, where what happens when you get the mom and pops and you don't have the 150 foot. It's a smaller sign than you would have on the marquis signs that we have out there, the regular. And we'd probably come up with some lease agreement and come back to the board with that process. But the staff does not have the ability to do a lease, nor does it have the ability under the sign ordinance to issue a sign in that right-of-way. So we're kind of stuck. And this is a pretty good size chunk of right-of-way. Now, if the board ever determines that the roadway would have to be expanded past its present footprint and get into that right-of-way, then we would put a stipulation in that agreement that it would be null and void at that time. CHAIRMAN FIALA: We've already got a lot of nods in agreement. But Norm Feder is here. Let me say happy birthday to Norm Feder. Happy birthday, Norm. MR. FEDER: Thank you very much, Commissioner. COMMISSIONER COYLE: You're not as old as she is, are you? CHAIRMAN FIALA: No, he isn't. By 10 years he's younger. MR. FEDER: I think it's probably the other way around, but thank you anyway. What I'd like to do is, Karen, I don't believe you actually filed for a right-of-way use permit on this, have you? MS. BISHOP: I did. I met with your staff and they couldn't Page 95 -- April 27, 2004 technically do it. So we met with staff members and the lease was the way we came up with that we could do this. MR. FEDER: Okay. We will-- based on the direction from the board, we'll take a look at this and make sure that we bring this back to you with whatever recommendation we feel we can do. CHAIRMAN FIALA: Okay. Commissioners, is that in agreement? COMMISSIONER HENNING: Yeah, put it on a future agenda for a lease agreement. MR. MUDD: Yes, sir. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: I just want to make sure that we're not putting ourselves in a box here, so that we can terminate that lease at any time. MR. MUDD: Yes, sir. And we'd have that stipulation in there, yes, Sir. COMMISSIONER HALAS: And we don't get charged for something. MR. MUDD: Yes, sir, we'd have that stipulation where we'd be held harmless. CHAIRMAN FIALA: Thank you. MS. BISHOP: Thank you very much. CHAIRMAN FIALA: Okay. Before we break for lunch, which we're going to do now, I just want to wish Commissioner Henning a happy birthday. His birthday was Saturday and we didn't even sing for you or anything, which, of course, we should have done. (Commissioners sing Happy Birthday to Commissioner Henning in unison.) COMMISSIONER COYLE: Speech, speech. CHAIRMAN FIALA: And with that, we'll adjourn for -- COMMISSIONER HENNING: My birthday was not Saturday. Page 96 April 27, 2004 CHAIRMAN FIALA: Oh, when was it, Friday? COMMISSIONER HENNING: It was Sunday, so you're going to have to do it all over again. CHAIRMAN FIALA: Oh, no. COMMISSIONER HENNING: By the way, I'm still the youngest commissioner. COMMISSIONER COLETTA: Here, let me help you. CHAIRMAN FIALA: An hour for lunch. (A recess was taken.) MR. MUDD: Madam Chair, you have a hot mike. CHAIRMAN FIALA: Thank you. The meeting is back in order. Item # lOA TOURIST DEVELOPMENT CATEGORY "A" 10-YEAR And as we move on, to item 10(A). MR. MUDD: That's to approve a Tourism Development Criteria A, 10- Year Expense and Revenue Proj ection. And Mr. Ron Hovell will present. Excuse me. MR. HOVELL: For the record, Ron Hovell, Public Utilities Engineering Department. At your last board meeting, there was a lot of discussion about the TDC Category A proj ections, what we otherwise call the 10- year plan. We've updated it as directed, and it's in your package as well as on the screen now. The big changes are that we've put in the sections for the Hideaway Beach project showing that the -- that the homeowners, line C-8, says Hideaway, and then in parentheses, the homeowners association will be paying that line. That's the section related to the Page 97 April 27, 2004 sand. And then up in section B-3, Hideaway T -Groins, we listed that as the TDC cost, which is the permanent structures and half the monitoring for the anticipated five years. MR. MUDD: Could you go over to like 2013 or so? Commissioners, you'll also notice on the chart, if you'll look at 2012 -- Jim Mudd, for the record, county manager. If you'll also look at TDC expenses for Hideaway, you'll notice that we're sharing the monitoring cost with the homeowners association each year, but on the 2012, the next time they need to put beach sand on the beach, that it's -- that particular cost is all on the homeowners association as special assessment. Go on down to the beach. MR. HOVELL: I'm sorry, on the what? MR. MUDD: The Vanderbilt Beach parking area. MR. HOVELL: The other item that was discussed quite a bit was the parking garage. That's line F-2 on your sheet. The total-- the current construction estimate, I believe, is 4.6 million. Not all of it is shown on that line right now. The balance is projected to come out of the general beach park facilities line, the way it's currently laid out. CHAIRMAN FIALA: It's current -- say that one more time, would you, please? MR. HOVELL: The Vanderbilt Beach parking garage is shown, as was discussed last time, with some of the savings from some of the Hideaway related projects and other issues to be -- what do those two add up to -- about 2.7, $2.8 million. The balance, the difference between that and the total estimate of 4.6 million, will come out of the next line down, the beach park facilities line, line F - 3 on your schedule. CHAIRMAN FIALA: You know, I had a question about that. Being that it says in our agenda packet, and I read with the TDC as Page 98 April 27, 2004 well, it said that the -- they had budgeted from the TDC Category A budget each year money enough so that now they had enough to pay for the garage. If they had enough to pay for the garage and they budgeted over the last few years, why are we having the problem taking it out of other funds when they already had the funds? I don't understand that. MR. MUDD: Okay. Ma'am, the PRAB basically said that $3.8 million should go to the beach because it's already approved by the Board of County Commissioners, okay, and that was set aside before we got -- CHAIRMAN FIALA: To the beach or the parking garage? MR. MUDD: The parking garage, excuse me. And it was basically, hold in abeyance because we were in a court case with WCI over being able to put a parking lot there, and it wasn't until the last several months when WCI dropped that case and basically took any deed restrictions off that land so that we could build a parking garage there, so we were able to go out, and we just passed to go out to design. The board did that last meeting, I believe, where they went out for design for that particular parking garage. The CAC basically said, no, we don't want to do that. We want that parking garage to come out of the beach park facilities line, and their fear was not having enough money for the major renourishment, okay, when they balanced their budget. Of course, Hideaway Beach was, in total, a county responsibility at that particular time. CHAIRMAN FIALA: But they had the money set aside for the parking garage. That has nothing to do with the renourishment. That's a separate facility. I'm not getting an answer that -- remember, now, I'm on this kindergarten level where I -- you know, I really need to understand exactly. MR. MUDD: No, ma'am. It's a good question. They were fear -- Page 99 April 27, 2004 the CAC was fearful that there would not be enough money in the reserves to cover the major renourishment project that, now that they planned to do starting in November. CHAIRMAN FIALA: But those were out of renourishment funds, not out of beach parking funds. MR. MUDD: No, ma'am. The beach parking and the beach renourishment are out of all Category A funds. It's close to $6 million. CHAIRMAN FIALA: But -- well, maybe I'm belaboring this. Apparently everybody else understands it but me, so -- MR. MUDD: Go ahead, John, try. CHAIRMAN FIALA: I mean, to me, if it's in the bank account for a beach park -- for a parking garage and this is where they've put it -- there's the money that's being allocated for it every year, and they're worried about funding for beach renourishment, you don't raid another account to do that. But anyway, I've got two guys here. Commissioner Halas, Commissioner Coyle. COMMISSIONER HALAS: I was under the assumption that there was some money set aside by prior commissions for the beach parking garage at a future date, am I -- am I wrong in my assessment of that? MR. MUDD: No. You're absolutely correct, sir. COMMISSIONER HALAS: Well, then, if there was money set aside -- I thought in the tune of about $3 million. MR. MUDD: $3.8 million, sir. COMMISSIONER HALAS: Okay. So where is that money then? MR. MUDD: That -- that money got reallocated, and that $3.8 million right now on this slide is something less than that. It's to the tune of $2.7 million, and it's on the Vanderbilt Beach parking line item. Page 100 --- April 27, 2004 COMMISSIONER HALAS: Well, I see on here 2.269. MR. MUDD: Yeah, but you have the 498.5 -- COMMISSIONER HALAS: Okay. MR. MUDD: -- on the previous item, sir. Okay? So I would say to you at this juncture, based on direction from the board, it was kind of a compromise at the last meeting. But he said, well, we can't do the whole 3.8, but we'll get something close to it. We'll use the difference, what we get from Hideaway, in order to try to put it up against the parking garage, and the remainder amount for the Vanderbilt Beach garage will be taken out of the next line item, which is beach park facilities. And at this juncture, it will come out of that line to the tune of about $1.7 million in order to pay for the garage in its entirety. CHAIRMAN FIALA: You know, it's woman's intuition, but something is not hitting me right about it. COMMISSIONER HALAS: The figures aren't coming up right here. If you had 3 -- if you had $3.8 million in the coffers someplace and then we've saved some money on this -- on this beach renourishment project with Hideaway Beach, then we should have more than adequate funds. MR. MUDD: Sir, the argument comes down to -- and I'm not arguing with what you basically have said. It basically comes down to, where's the money going to come from? Is it going to come out of the $4 million allocation to beach renourishment or the $2 million annual allocation to beach park facilities. And the argument is systemic in the fact that it was a preapproved item from the Board of County Commissioners. And when the CAC and the TDC had come with their 10-year budget, they wanted the beach park facility to come out of the $2 million annual amount -- Page 101 April 27, 2004 COMMISSIONER HALAS: Okay. MR. MUDD: -- that you see on that line item. COMMISSIONER HALAS: Okay. MR. MUDD: Okay? The PRAB said, no, time out. That 3.8 was set aside. It has nothing to do with that $2 million annual allocation for beach park facilities. And so there was a compromise at the last meeting with the board when we showed these, and it was -- what we were told to do was take the savings from the Hideaway, because there was an agreement -- COMMISSIONER HALAS: Right. MR. MUDD: -- made between the homeowners association, Marco Island, and the Board of County Commissioners -- and we're still working on an interlocal agreement as we speak -- that you take those extra dollars out and put it up against the Vanderbilt Beach parking garage. COMMISSIONER HALAS: Okay. I just want to make -- get one additional point, and I'm through here. All of the -- all of our commitment to the Hideaway Beach people is the $2.5 million, is that correct, for the T -Groins -- where am I at here? MR. MUDD: Go up again. CHAIRMAN FIALA: Just the monitor -- half the monitoring. MR. MUDD: Go up to the top, if you would. COMMISSIONER HALAS: There you are. Keep going. MR. MUDD: Keep going. Keep going up. It goes up some more. Okay. And it's the Hideaway T -Groins. Whoops, go back the other direction, John. COMMISSIONER HALAS: Keep going. MR. MUDD: Okay. That 2. -- COMMISSIONER HALAS: $2.488 million. That's all we're -- Page 102 -~------- April 27, 2004 that's all that this county is going to be committed for as far as taking care of the T -Groins, and the rest of the beach renourishment is to be taken on by the residents of Hideaway Beach; is that correct? MR. MUDD: Plus there's a 50/50 cost split on monitoring. COMMISSIONER HALAS: Exactly, right. That we agreed to. Okay. I just want to make sure that that's on the record and that's clear. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: I think what I was going to say has already been said. CHAIRMAN FIALA: Okay. Very good. Any -- yes, Commissioner Henning. COMMISSIONER HENNING: The restoration -- or not the restoration, but the stabilization on Hideaway Beach is -- I don't think it's any question in anybody's mind that it's a must. I just have a problem with using TDC funds or tourist tax dollars to do this project on a beach that the tourists can't get to. I think the more appropriate funding source should be property taxes, so I can't support the allocation of Category A just because of that reason. That's all I needed to say. CHAIRMAN FIALA: Do we have any further comments? (No response.) CHAIRMAN FIALA: And I make a motion to approve the recommendation of the 10-year expense and revenue projection. COMMISSIONER HALAS: I'll second that. CHAIRMAN FIALA: Okay. I have a motion on the floor to approve by Commissioner Fiala, second by Commissioner Halas. Any further discussion? (No response.) CHAIRMAN FIALA: All those in favor, say aye. COMMISSIONER HALAS: Aye. Page 103 April 27, 2004 COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COYLE: Aye. CHAIRMAN FIALA: Opposed, like sign. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Okay. That passes with a 4-1. Item # 1 OC MUTUAL GENERAL RELEASE BETWEEN THE COUNTY AND FORMER EMPLOYEE LEE H. COMBS AND WAIVER OF RECOVERY OF GRANTS MANAGEMENT CERTIFICATION TRAINING AND RELATED TRAVEL EXPENSE OF LEE H. MR. MUDD: Commissioner, 10(B) was withdrawn. And that would -- that would take us to item 1 O( C), which is old 16(A) 13, and that is to approve the execution of a mutual general release between the county and the former employee, Lee H. Combs and to waive recovery of grants management certification training and related travel expenses of Lee H. Combs in the amount of$4,162.76, and that was at Commissioner Henning's request. MR. BAKER: For the record, Denny Baker, director of Financial Administration and Housing. COMMISSIONER HENNING: Commissioner Fiala, I pulled this item because I had a concern about having to pay this, that it was -- or having to waive collection of the fee. I had concerns about, since the employee left, what the true benefit of the county is. During the break I had a discussion with the assistant county attorney, and he relieved my concerns. And just for anybody (sic) others edification or concern, maybe the assistant county attorney can Page 104 April 27, 2004 address that. CHAIRMAN FIALA: Okay. Then-- COMMISSIONER HENNING: Our conversation. CHAIRMAN FIALA: -- if you would like to handle the motion from there, if you feel comfortable with that. COMMISSIONER HENNING: I make a motion to approve -- CHAIRMAN FIALA: Second. COMMISSIONER HENNING: -- based upon the county attorney's explanation of why we need to settle this. CHAIRMAN FIALA: Okay. We have a motion on the floor by Commissioner Henning to approve because his questions have been satisfied, and a second by Commissioner Fiala. Any discussion? COMMISSIONER HALAS: Could you enlighten us just a little bit, maybe what you passed on to Commissioner Henning? MR. TEACH: Certainly, Commissioner. This is Scott Teach for the County Attorney's Office. Current county policy provides that a division administrator can request reimbursement of training fees if a county employee separates within 12 months after the training course has completed -- and that's a may. It's not a shall-- require the reimbursement. In this case the employee separated 15 months after the training was completed. Additionally, we had some issues regarding the voluntary separation of this employee, and I recommended that it would be in the best interest of the county to enter into a mutual release. The former employee has released all claims against the county, and vice versa. It's a clean separation. COMMISSIONER HALAS: Okay. CHAIRMAN FIALA: Okay. Any further questions? (N 0 response.) CHAIRMAN FIALA: All those in favor, say aye. Page 105 April 27, 2004 COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: So that passes with a 5-0. COMMISSIONER HENNING: Thank you. CHAIRMAN FIALA: And thanks for being so alert, Commissioner Henning. MR. TEACH: Thank you. Item #10D REIMBURSEMENT TO THE CITY OF NAPLES FOR THE SANDPIPER BOULEVARD INTERSECTION IMPROVEMENTS MR. MUDD: The next item, Commissioner, is item 10(D), and that's old 16(B)3, and that's to approve reimbursement to the City of Naples for the Sandpiper Boulevard intersection improvements in the amount of$146,080.61, and that's at Commissioner Coletta's request. COMMISSIONER COLETTA: Okay. MR. MUDD: Mr. Feder? COMMISSIONER COLETTA: If I could, I'll just go right and ask a couple questions of Mr. Feder, maybe we can get this cleared up. MR. FEDER: Yes, Commissioner. COMMISSIONER COLETTA: When we originally agreed to do this with the City of Naples and we approved $250,000, was that the agreement, or was the agreement that we would pay for the total Page 106 April 27, 2004 repairs, regardless of what it was? MR. FEDER: We said that we would pay up to 250,000. We had provided for a joint costing on the project, and we've determined that since their invoicing to date is only 143, we're processing that for payment. COMMISSIONER COLETTA: That's a considerable amount over the $250 we agreed to do. How did we come up with 250 that we agreed to pay? Were they paying a share, too? MR. FEDER: Yes. As a joint costing, and they were going to -- their estimate was far greater. The work that they did was less. As a matter of fact, we had to contact them a couple of times to -- when we saw that we had not invoiced on it. It had been previously approved in our budget, worked through the invoicing with them. And as I said, it's only 143,000, and we're seeing that as our coverage under this project. COMMISSIONER COLETTA: Okay. One more time, let me try this a little different. What was the total cost of the project? MR. FEDER: My understanding right now is that we had set it up originally under 50/50, under 250,000. I'm not sure that their cost exceeded the 143 relative to our commitment of 250, and so we're providing the 143. COMMISSIONER COLETTA: Could we continue this till we have this information? MR. FEDER: I'd be happy to do so if that's your desire, sir. COMMISSIONER COLETTA: Yep. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: Well, wait a minute. What is the problem? We committed 250,000 to them. They only spent 146,000. We're getting out cheap. What are we worried about? COMMISSIONER COLETTA: I'm sorry. I misread it. I thought they were asking for additional money. COMMISSIONER COYLE: No. Page 107 --- April 27, 2004 MR. FEDER: No. The 146 is their total request. We had budgeted 250. They didn't use all the 250. COMMISSIONER COLETTA: Oh, in that case there, I make a motion we pass this. MR. FEDER: Thank you. COMMISSIONER COYLE: I think we should give them the whole $250,000. MR. MUDD: No. COMMISSIONER COLETTA: No. I thought they were trying to get an extra 143. CHAIRMAN FIALA: Do we have a second on that? COMMISSIONER HALAS: I do. I'll second. CHAIRMAN FIALA: All right, fine. We have a motion to approve by Commissioner Coletta, a second by Commissioner Halas. All those in favor, say aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) Item # 1 OE CONTRACT FOR RFP 04-3584 "FIXED TERM PUBLIC RELATIONS SERVICES FOR COLLIER COUNTY" - APPROVED WITH STIPULATIONS TO KELLEY SWOFFORD ROY, INC.; KIDD TUCKER GROUP; ABOVEW A TER PUBLIC RELATIONS AND MARKETING; AND GILBERT & MANJURA Page 108 April 27, 2004 MARKEIINRIN-C MR. MUDD: Commissioner, next item is number 10(E), and that's old item 16(E)4, and that's to approve contract for RFP-04-3584, fixed term public relations services for Collier County, estimated maximum annual contract amount not to exceed $500,000 per firm. It was pulled at Commissioner Halas's request, and Mr. Steve Carnell, the purchasing director, will present. MR. CARNELL: Good afternoon, Mr. -- Madam Chairman and members of the board. As the county manager has mentioned, he's identified the RFP number that we are proposing to award here. And this is a contract that would place a variety of public relations firms under contract with the county to be available on an as-needed basis to provide just a wide variety of different public relations services. The -- approval of this agreement, these agreements today, does not obligate the board or the agency to expend any funds, rather it's just simply to prequalify and proactively place these contracts in the event that they may be needed in the coming months. The contracts are structured in such a manner to where they are driven on a work order basis where we would issue work orders. We are using similar thresholds to what we have for our architectural and engineering contracts. That's the reference to the $500,000. Similar to how your engineering contracts of a similar nature have a $500,000 limit, using the same limits here for these contracts as well. They also have a cap of $90,000 per work order as well. So we're requesting approval of these items today so that we can have these services available on an as-needed basis. MR. MUDD: Madam Chair, I'd like to add one item to this particular case, since it's had such a distribution so far, as far as the public comment is concerned in the Naples Daily News. Page 109 April 27, 2004 This was a prequalification of sorts. Mr. Carnell and his staff basically aligned it with what we have on our engineering firms, the standard of $500,000 and 90. I'd like to offer to the board a compromise, because there's no plans at all to have $2 million worth ofPR work out there. That was never the intent. Let's draw the cap down to like 200,000 or $150,000, and let's make the coming back to the board for approval, let's make it 25,000 instead of $90,000. Because, you know, there was a brochure that somebody had an eye for, there was the opportunity that we might have to do some PR work when we do our collections contract for solid waste, and there were -- and there were a couple other areas where the staff had identified a need in the future. But I'm looking at that need, and it's nowhere near those things. So I would like to make a recommendation, at least a modification to the item, that the cap be set at $200,000 and that the pre approval coming back to the board be set at the 25,000 mark. Anything underneath of that, the staff can approve. Anything above that, we come to the Board of County Commissioners. CHAIRMAN FIALA: Okay. Commissioner Halas? COMMISSIONER HALAS: Presently how many people out there that are in the PR work, how many do we have under contract at the present time? MR. CARNELL: Commissioner, none. This is the first time we've done this, and that's why you don't have a more detailed fiscal impact. COMMISSIONER HALAS: Okay. MR. MUDD: Commissioner, you do have one firm that's under -- that's under contract -- well, you do have two firms that are under contract, and let me help Mr. Carnell. You have one firm that's just finishing up their PR work, and that had to do with the Pelican Bay reuse, the potable water/fire control Page 110 April 27, 2004 project that was a three-year project, and we had a PR firm that was assigned to that three years ago. And the board just approved an item -- and I can't remember exactly what the figure was, but it was for a PR firm for the major renourishment effort, the work through Coastal Engineering, okay, so we could keep all the residents informed as far as the major renourishment project there, so that we've got -- we've got two, and that's basically using TDC dollars for that particular one. So I know of two right now that, off the top of my head, that are there. MR. CARNELL: But let's clarify. Those were previously approved by this board. Those are specific engagements. This is different. This is an open annual contract for smaller engagements as the need arises. That's the difference. COMMISSIONER HALAS: Okay. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: One of the things I asked staff was to give me some examples of the kinds of activities these people would perform. And I think it's important that we understand what these public relations firms are likely to be doing, and some of the examples that were given to me include public notification of beach renourishment activities, when it's going to be done, how it's going to be done, what the beach access points are for trucks or things like that, traffic on the streets. It's important to keep the public informed about things like that. We've also had situations where the public wanted median landscaping, and we have designed alternatives for median landscaping and communicated that to the communities to see if those are the kinds of things they wanted, and also to keep them aware of the activities that were taking place, and general project notification to the public to include public works projects, road widening activities, ground-breaking ceremonies, and things like that. Page 111 April 27, 2004 So those are the kinds of public relations activities we're talking about here, and I agree with the county manager that the costs have been blown out of proportion here, and merely because there was a cap of $500,000 for anyone contract, the inclination was then to multiply that cap by the four bids that were reviewed and come up with a $2 million figure, and that was never the intent. But, of course, it wasn't clear in the executive summary, so now that the county manager has clarified that, I think I would support this process, particularly since we're going to get a chance to see it as it goes along anyway. And I think we do need to make sure we notify the public of these projects that affect the public. CHAIRMAN FIALA: Coming from a 25-year background in public relations, I have a -- I have a strong feeling toward this myself. I just had a couple little questions. Did you -- when you put the bid out, do we have a lot of local companies that are on that bid list, or does that bid list need to be revised? MR. CARNELL: Well, we circulate it to 93 firms, and a good number of them are local. CHAIRMAN FIALA: Yes, I read that. But I mean, how many were local? MR. CARNELL: That are being selected? CHAIRMAN FIALA: Yeah. And I -- MR. CARNELL: Of the four -- CHAIRMAN FIALA: -- ask that because the public relations association, I've spoken to a few of the members from the P-R-A-C-C, PRACC, and not many of them seem to know that there's even a bid process, which may be their fault, I don't know. But I was wondering if we can ever, especially for public relations information, if we could ever get local people more involved. You know, it's interesting, when you're up in Tallahassee and Page 112 April 27, 2004 you're really involved in state news and things going on, you have no idea what's going on in Collier County, nor do you really much care. And you don't read the local newspapers, watch the local television set, so it's hard to jump in and put together -- other than a generic public relations release, it's hard to get your feet wet. But I noticed one of these four companies was a local company, and so -- and I think that was good. At least they'll be in tune. Because as long as we're -- as long as we're getting these people onboard, we want to get the best bang for our buck, and -- and the prime objective all along has been to get communication out. We haven't communicated enough. And one of the things that we've attempted, between the county manager and the county commission, is to get the public more involved. And the reason that we need a public relations firm, or firms, is because we've got the public so involved now, everybody feels like they're a part of government, and we have to continue to get the word out. So I just wanted to make sure that -- if we had local people onboard who knew that we would maybe consider them first, especially on local issues. Thank you. MR. MUDD: Ma'am, this contract will come up for renewal, and hopefully folks will know that this is the first time ever to have a standing list of PR firms on an annual contract. And when it comes up for renewal, we'll get it back out again, and at the same time people will know that it's out there. And Steve has a list that he sends the bids out to everybody, and maybe he can get with Jack Wert and get a list of all those local PR firms that work with the tourism industry and add those folks to the list -- CHAIRMAN FIALA: What I'd love to have him do is get a list -- we have PRACC, and I think we have -- I think there's a second Page 113 April 27, 2004 group also in town that has public relations. I was never part of that one, so I don't know it. But anyway, they would probably be able to give you a list. And from that list, you could qualify, depending on what licensure they need and so forth, who would be allowed to bid. And I think that would be a great idea. And if you want a name and a telephone number of somebody, I'll give it to you, 455-2801, Larry Block. Okay. He's in charge of their membership, so I might as well do it right now. MR. MUDD: One more time, ma'am. CHAIRMAN FIALA: Pardon me? MR. MUDD: One more time. CHAIRMAN FIALA: Oh, 455-2801, Larry Block. And Larry and me have been involved since the inception of that particular group. I remember numbers well. Excuse me. Okay. Do we have a motion on this? Oh, Commissioner Halas? Excuse me. COMMISSIONER HALAS: I would assume that these PR firms that you presently have listed here, each one of these PR firms actually specialize in certain areas of PR; is that correct? MR. CARNELL: Yes. COMMISSIONER HALAS: Okay. So it's basically a cross-section of different PR firms that -- and the type of work that they do; is that my understanding? MR. CARNELL: Yes, sir, yes, sir. It's a combination of large and small, and also especially with their types of media -- COMMISSIONER HALAS: Okay. MR. CARNELL: -- where they're strongest in, yes. So we tried to create something of a cross-section there to give us some options. COMMISSIONER HALAS: I think that's a great idea. CHAIRMAN FIALA: I love what you've done with this, Mr. Page 114 April 27, 2004 Mudd, and I think that's great, giving it a more realistic limit, and I think it's far more appealing with the $25,000 and $200,000 caps. MR. MUDD: Okay. So the staffs recommendation at this time, just for clarification because there's no motion yet on the floor that -- I believe, is that we put an upper limit of $200,000 on each one of these firms and that we come to the board for anything over $25,000 for approval. COMMISSIONER HENNING: I make a motion -- COMMISSIONER HALAS: I make a motion that we approve that. CHAIRMAN FIALA: Okay. COMMISSIONER HENNING: I'll second that if we could bring it down to 150. COMMISSIONER HALAS: Nope, 250 (sic) -- COMMISSIONER FIALA: No, 200. That's what his was, 200. COMMISSIONER HALAS: Two hundred thousand, yes, two hundred. CHAIRMAN FIALA: And your seconding it if it's 150, right? (No response.) CHAIRMAN FIALA: Okay. We have a motion on the floor to approve with the amended figure of $200,000 as the cap. COMMISSIONER HALAS: Yep. CHAIRMAN FIALA: And that motion was submitted by Commissioner Halas. We have a second on the floor -- do we have a second on the floor? COMMISSIONER HENNING: (Shakes head.) COMMISSIONER COYLE: Yes. CHAIRMAN FIALA: No, he's shaking his head. COMMISSIONER COYLE: I'll second. CHAIRMAN FIALA: I have a second by Commissioner Coyle. Any further discussion? Page 115 - -______0_--- April 27, 2004 All those -- COMMISSIONER HALAS: That was with an expenditure of an upper limit of 25,000, and if there's anything that exceeds the 25,000, then that was going to come back to the board; is that correct? Okay. I want that in my motion, too. CHAIRMAN FIALA: Okay, fine. So the motion states that the -- this request will be approved with the $200,000 cap as far as what could be spent with each firm, and a $25,000 limit that can be spent before seeking board's approval. COMMISSIONER COYLE: And my second will affirm that, but I would like to just make one editorial comment. It should be noted that it was the staff that suggested that this limitation be placed on the amounts. It was not imposed by the Board of County Commissioners. MR. MUDD: No, sir. It was staffs recommendation. COMMISSIONER COYLE: Okay, exactly. CHAIRMAN FIALA: Oh. Thank you for putting that on the record. Okay. All those in favor, say aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Very good. That passes with a 5-0. Item #15A COMMISSIONER HALAS NOT TO BE AT THE MAY 25TH BCC Page 116 April 27, 2004 MEEIINfì MR. MUDD: Commissioner, that brings us to public comment, I believe. MS. FILSON: I have no speakers. COMMISSIONER COYLE: Where is Bob Krasowski? MR. MUDD: Commissioner, that brings us to staff and commission general communication. CHAIRMAN FIALA: Thank you. No public comments. Let's see. County attorney? MR. WEIGEL: No further comment. Thank you. CHAIRMAN FIALA: Okay. County Manager? MR. MUDD: Ma'am, I have several items. First is just to make sure that the Board of County Commissioners know, and -- as well as the staff, that Commissioner Halas has sent a letter to me and to you, ma'am, that basically says, please be advised that I will not be present for the May 25th, 2004, Board of County Commissioners meeting. I can be available via phone for essential items on that day. Thank you for your understanding and assistance in scheduling the agenda accordingly. Signed, Frank Halas, commissioner, District 2. Item #15B Next item. There was a -- there was an editorial today in the paper that basically said that staff did not do its due diligence on the background investigation for our PR director. And I will say to you that that is not the case. We did exactly Page 11 7 -- April 27, 2004 what we do for every employee. We went -- and I have the records here in which -- in which the Naples Daily News does have in their -- in their files, because they asked for it and we received (sic) it. We do a background investigation on everyone. In this particular case, we sent Mr. Torre's records to the motor vehicle search in the State of Illinois, and Mr. Torre has no vehicular violations. The next item we sent is we sent -- we send it to the State of Illinois for a statewide criminal search, and we're asking for any records of felony and misdemeanor. It came back, result, clear. We sent -- we sent another county court records search, and this went to Willis -- Will County, which is the county that he resided in, and we asked him (sic) for felonies and misdemeanors, and the result was, clear. And it goes on. So Commissioners, I'll let you know that when we hire an employee in Collier County, we do a background check. We check their records to make sure that there's nothing nefarious that's in their particular record of date before we hire. And the next thing I will tell you is, people in the United States, if they've committed a crime, they normally get indicted. The FBI does not take exception to anyone, okay, that I know of lately, and they're not discriminatory upon their particular records, and the man has not been charged nor has he been convicted. We hired him because of his background. He has been tested in his previous assignments. And I will tell you, we went through a search with a great committee of employees, and we searched 250 plus records. And by far, Mr. John Torre happened to be the best applicant, and we hired him based on that request. And so I will tell you that that is not the case that people read in the paper today. And I want to make sure that I make the record straight. And it was also, what are we going to do about Mr. John Torre. Mr. John Torre is going to be an employee of good standing Page 118 --------- ---- April 27, 2004 and will stay in hire of Collier County until such time as he shows that he's not an employee of good standing. Next item. I just want to make sure the record is clear. COMMISSIONER COYLE: Before you go, I can't -- I can't control myself. COMMISSIONER HALAS: Me either. MR. MUDD: Well, I had a hard time. COMMISSIONER COYLE: Okay. I'm on a timer now. So I've got to make -- you know, I think this character assassination by association is absolutely despicable. Mr. Torre hasn't -- there hasn't been any indication that Mr. Torre did anything at all wrong, and because he worked in public relations for Governor Ryan doesn't mean that he also did something wrong, just as I suspect Martha Stewart's publicist is not being accused of having done something wrong because the person she worked for did. So you know, I think this is despicable, and I would like to see the newspaper adopt a more reasonable approach on issues like this and give people an opportunity to demonstrate their good character rather than making assumptions of this nature. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: I go along that (sic) totally, and I'm amazed at the character assassination or the idea that a person is guilty just because of association, and if there's no grounds there, if the information was given to the Naples Daily News, then I think that they ought to use a little scrutiny in regards to exactly how they go about reporting it. CHAIRMAN FIALA: 0 ka y . Next item? Item # 15C FEMA LETTER: FLOOD INSURANCE STUDY AND FLOOD Page 119 April 27, 2004 INSURANCE RATE MAP BY 12/01/04; CHAIRMAN TO SEND MR. MUDD: Commissioner, next item is, I just received a letter, and this is of -- this is of some immediate concern to the Board of County Commissioners and to Collier County. It's a letter that I received from the Federal Emergency Management Agency, and I'm going to try to put it on the visualizer. And hopefully we can -- we can -- and hopefully we can read along a little bit. And it basically says -- this is to Mr. Joseph Schmitt, and Joe doesn't have the authority to answer this. And it's reference to Flood Insurance Study and Flood Insurance Rate Map for Collier County, Florida, in incorporated areas restudy schedule agreement. Dear, Mr. Schmitt: As stated in our enclosed March 24th, 2004, letter, the effective date of April 16th, 2004, that was established for the Flood Insurance Study, the FIS, and the Flood Insurance Rate Map, the FIRM, for Collier County, Florida, and incorporated areas, has been postponed in order to provide sufficient time to address the county's request to improve local flood hazard information. Following detailed coordination efforts including a February 13th, 2004, meeting, at our regional office in Atlanta, Georgia, and subsequent conference calls on March 2nd, March 5th, and March 15th, 2004, Collier County agreed to provide the Federal Emergency Management Agency, FEMA, with revised flood hazard analyses and digital flood hazardous mapping along with all supporting data by no later than December 1,2004. We appreciate the county's continued commitment and expenditure to improving the flood hazard information reflected in the -- in the Collier County and incorporated areas, FIS and FIRM. Second -- next paragraph. The geographic areas covered by the Page 120 April 27, 2004 new analyses and mapping include the entire Collier County and incorporated areas shoreline as well as the following six basins: The Cocohatchee River, the Golden Gate main canal, downstream of 951 canal, District 6, Henderson Creek/Belle Meade, and the southern coastal basin, and the Golden Gate Estates north. The methodologies to be applied to the restudy and the deliv -- and the deliverables to be submitted are outlined in the FEMA document titled, Guidelines and Specifications for Flood Hazardous Mapping Partners, dated April, 2003, found on the FEMA website at HHP (sic), and it's there for people that can read it. During the coming months, we will be working closely with Collier County and the county's consultant, Tomasello Consulting Engineers, Inc., which is TCE, to incorporate the improved data into the FIS and the FIRM. The enclosed schedule of work details the proposed submittal dates for each deliverable. To help ensure the quality of the final deliverables, we have tasked our map coordination contractor, Dewberry, to coordinate with Tomasello's -- TCE during the development of the -- during the development of the deliverables. Within 30 days of the receipt of each intermediate data submittal, we agree to provide review comments to TCE. In return, we would like to obtain the county's agreement that all deliverables will be submitted to us by December 1,2004. If the deliverables are not -- make sure I get it. If the deliverables are not submitted to us by this date, we would also like for the county to agree that we can proceed with the finalization of the FIS and the FIRM on December 1, 2004, utilizing the data that has been submitted to us by that date. If Collier County is in agreement with this approach, please reply by this letter within two weeks of receipt, indicating that all deliverables will be provided by December 1, 2004, and understand Page 121 April 27, 2004 that should they not be delivered by that date, FEMA will proceed with a finalize -- with finalizing the flood hazardous study for Collier County and incorporated areas using the information obtained as of that date. And then it basically says, here's the point of contact. But the key issue is, they want a reply within two weeks of submittal. I received it yesterday. We won't have time to bring it back to the board for discussion. And I pretty much have to get an answer, if the board directs to, to basically reply in agreement, that the deliverables will be there by 1 December of 2004, and if not, then FEMA will proceed with their maps with the best data that they have available. And, Commissioner, the one piece that I didn't show you -- and I ran this across -- against -- I ran this timeline against Mr. Schmitt over lunch, and he basically says that this is what was agreed upon at their meetings and those telephone conversations on those three different dates. So it's -- it's with -- it's in keeping with what we agreed with them. They just want confirmation now. COMMISSIONER COLETTA: Right. And we are within the schedule that we originally set up, and we have another phone meeting taking place this coming Monday. As far as I know -- and of course, I'll be honest with you. I've never been in a situation quite of this magnitude before. We're not going to make the date, not 100 percent, for everything that they're asking for. We're going to have things that are going to be left out because of individuals out there that won't do what they're supposed to do as far as doing the surveys on their property. That's going to be an ongoing thing. Maybe Mr. Schmitt would like to address it, because I want to make sure we got everything up front. Because there's a certain responsibility on the part of the public to make this work. MR. SCHMITT: For the record, Joe Schmitt, administrator of Page 122 April 27, 2004 Community Development and Environmental Services. Just so you understand, what this is committing to are the studies that we agreed to in Atlanta when we were on our trip, and this is what we agreed to provide within the specified period of time so FEMA would have its time to redo the maps. Basically what they're looking for is this commitment, and they'll have eight months to properly vet those -- that product. Commissioner, what you're talking about are certainly the impacts that those maps may have if, in fact, they impact -- adversely impact the residents, let's say, in Golden Gate. But that's something we're working separately. That -- those issues in regards to individual flood certificates or those type of activities, related and related significantly to this issue, but the agreement here is -- COMMISSIONER COLETTA: I understand. MR. SCHMITT: -- specifically dealing with -- COMMISSIONER COLETTA: The agreement -- the agreement is whole the way it's put together. The problem is is that that date is going to come in December. MR. SCHMITT: That's correct. COMMISSIONER COLETTA: And when that date does come, we're going to have some people that will not got (sic) the data to us in a timely fashion for their own particular dwellings. And that's something that every time I get the opportunity, I'm going to mention it to try to move people forward. It's -- their organizing in quite a few of the areas throughout the estates, and I assume other parts of the counties will also have to do this to be able to -- MR. SCHMITT: Most part -- most other parts of the county already have -- well, some of the homes have existing flood -- floor certificates, but areas that were in X zones previously and were identified in X zones, let's say, some -- even areas of Naples Park, Page 123 April 27, 2004 they may not have current or valid flood certificates. And if, in fact, the designations change in those areas, they may be faced with a similar predicament where they're going to have to have a flood certificate in order to validate their base -- their slab elevation. But those are individual issues. We'll have to work with the staff, with the various communities. What these are, working with our consultant, to make sure we meet the commitment of providing the basin studies and also the storm surge models associated with the coastal impact. MR. MUDD: Commissioner, I'd also like to add that if an individual property somehow gets missed on the data, they still have the ability as the property owner to appeal and to go through the FEMA appeal process as they do their flood elevation certificates for their particular property. So it isn't a fait accompli on 1 December. That individual property owner -- COMMISSIONER COLETTA: And that's absolutely correct. MR. MUDD: -- doesn't give up. COMMISSIONER COLETTA: I just wanted to get across -- also, too, if somebody does slip up and they didn't get their certificate and they have to get it after the fact, if -- for all the insurance, if the bank does force them to buy flood insurance, they'll get a reimbursement, FEMA told us that, for up to one year, as long as they haven't made any claims. So there are different avenues, and there's different ways we're going to go at it. But people have to be cognizant of the fact that there's going to be a certain amount of responsibility on their part to be able to prove the fact that their -- what their elevation of their house is, and that's going to be through a survey. And streets are going to have to organize so they can get the best possible price from the surveyors. And we'll be supplying this Page 124 April 27, 2004 information on an as-request basis. My office is willing to work with them very closely. We'll supply the mailing addressing for the streets. Any way we can help to keep this moving forward. You look a little surprised. I'm not going to personally write the labels out myself. I'll get them from the tax appraiser's office. MR. MUDD: No, sir. No, I agree with everything you're saying. COMMISSIONER COLETTA: Tax Collector's Office. I'm sorry . MR. MUDD: I need -- I think in this particular case, I would -- I would like to have a motion that the chair -- COMMISSIONER COLETTA: I'll make that motion. MR. MUDD: -- that the chair would sign the agreement that's stipulated in this letter, and Mr. Schmitt will draft it and get it to the chair for signature and meet the two-week time frame that they're asking. CHAIRMAN FIALA: I'll second the motion. Commissioner Halas? COMMISSIONER HALAS: We need to make sure that -- I don't know whether we take out ads in the newspaper, but I believe we should make sure that -- or use our local government television station in regards to making sure that people are brought up to speed and up to date in regards, what's required of them. I'm concerned about people in District 2. And we want to make sure that those -- if people need to get their areas resurveyed so that they'll find out where they stand as far as flood elevation, we need to get that message out to everybody. MR. MUDD: And, sir, we're going to do everything we can on our TV station. And one of the opportunities for one of those PR firms that you just approved on 10(E) was to help us in this regard to get information out to the public about what they should do and what they shouldn't do in order to target those particular areas where people Page 125 April 27, 2004 need to be interested and involved. COMMISSIONER HALAS: Okay. Thank you very much. CHAIRMAN FIALA: Commissioner Coy Ie? COMMISSIONER COYLE: Yeah. That's a good idea. But could you make sure that the PR firm does it in terms that people can understand and not in the engineering terms that we -- MR. MUDD: Yes, sir. We're not -- we're not going to get into X's and double A's-- COMMISSIONER COYLE: Good. MR. MUDD: -- and A V's and all those particular things. We're basically going to say, you're -- right now you're in an area where you could possibly pay flood insurance. If you have a flood elevation certificate, please provide it. And if you don't, you might think about -- and we'll list all the firms or whatever that are out there that do survey work that they might get in contact with in order to -- in order to justify their particular case and get the information in that's needed by FEMA. COMMISSIONER COYLE: Well, and particularly along the coastal areas, everybody knows that they have to have flood insurance, the problem is what impact it has on them, such as making their home a legal nonconforming structure, which has implications with respect to other things -- MR. MUDD: Yes, sir. COMMISSIONER COYLE: -- as well as rates, so we need somebody to communicate that in lay terms to our community so they'll understand what the risks are. MR. MUDD: Commissioner, I'll review that personally along with the community development's administrator, Mr. Schmitt, and I would ask if you could be another set of eyes to help us as we go through that process. I don't mean to put you on the spot. COMMISSIONER COYLE: No, I'd be happy to help. Page 126 April 27, 2004 MR. MUDD: I'd be glad to have all the commissioners read that stuff -- COMMISSIONER COYLE: Yeah. MR. MUDD: -- to make sure that you can understand it. COMMISSIONER COYLE: I mean, let's face it, if we can understand it, anybody can understand it. MR. MUDD: I won't go that far. CHAIRMAN FIALA: Okay. MR. MUDD: That's all I have, ma'am. If I could get a vote on that. CHAIRMAN FIALA: Yes. We have a motion on the floor to approve from Commissioner Coletta, and we have a second by Commissioner Fiala, to approve this letter. That's what I want to say. Any further discussion? (No response.) CHAIRMAN FIALA: All those in favor, say aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) MR. MUDD: That's all I have, ma'am. Item # 15D GOLDEN GATE P ARKW A Y - AIRPORT ROAD OVERPASS - lliS.CIlSSED CHAIRMAN FIALA: Okay. Now we'll start down here with Page 127 April 27, 2004 Commissioner Halas. COMMISSIONER HALAS: I don't have anything additional to bring up on the agenda. CHAIRMAN FIALA: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Been an exciting day. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Yeah. I had the privilege of speaking to Mayor Bill Barnett from the City of Naples, and it's always a pleasure to talk to the mayor of the City of Naples, and I look forward to the enhanced relationship that we have and hopefully have in the future. The discussion that we had was the improvements on Golden Gate Parkway and Airport Road. And I explained to him of my knowledge of -- it was offered that our staff can be there to present the findings. And kind of what the mayor relayed to me, that was kind of after the fact, and it's really -- you know, he just didn't feel comfortable in that. So we talked about, how can we resolve this issue without going to court, or as elected officials, how can we get closer to where we need to be. His idea was to put together a three-panel party to hire an outside consultant to take a look at the Grey Oaks residents' proposal of an eight-lane merge and see if it will work. Although I have concerns on his proposal, I wanted to still bring it to the Board of Commissioners, and I hope that we can give some kind of direction today. The concerns that I had is, we know that we cannot delegate to a homeowners association in this case to sit down at a table. The other concern that I have is, if we invite Grey Oaks, is it fair to other organizations or other people that are interested in this intersection improvement, such as the Golden Gate Estates Civic Page 128 April 27, 2004 Association or Golden Gate Area Civic Association, because folks to the east of the overpass or intersection improvements are the benefactors to this, just like six-laning of Goodlette Road, the people around there are the benefactors of that improvement. So I did share that with him. I also shared with him through some correspondence is -- wouldn't it be -- having to ask Florida Department of Transportation to take a look at the proposed merge lanes and see if it'll meet a -- long-term transportation needs, wouldn't cost us anything. But I told the mayor I'd bring it up. And if it's the wishes of the board to relay back to the mayor and the city council that -- the idea of asking FDOT to take a look at it or to sit down and see if we could figure out to hire -- hire a firm, that I definitely would like to make sure that the firm would not be a consultant but an expert transportation engineer consulting firm, and that the goal is to take a look at the eight-lane merge proposed by some folks in Grey Oaks to meet our 2025 year long-range plan of the anticipated traffic at this intersection. That's -- and, you know, if it -- if we do that and if it -- the eight-lane merge comes up to a level that it can meet all that, then I think, as at least as one commissioner, that we ought to consider that, but we also need to consider other factors in that decision is -- you know, how does this compare to costs of what we already gave direction over since 1991, and that would be the overpass. We need to consider the cost factor in that, too. So I'm throwing it out there. Again, I look forward to working with the City of Naples, the mayor. I just find a new level of compromise in working together. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: Yeah. I talked with Commissioner -- or Mayor Barnett afterwards, much later. He called me about this process. Page 129 April 27, 2004 And as you know, I've been representing my constituents in opposition to this overpass. But I have some real concerns about this process. The desire to try to find some common solution is good, but we've been trying to do that now for a year or so, and I don't think we've reached any conclusions whatsoever. But the proposal that was made to me was that we have Mr. Feder and Mr. Archibald from the city, the traffic engineer from the city, and Mr. McKenna sitting on a committee -- Mr. McKenna from Grey Oaks -- sitting on a committee, who would then select an engineer or some other person who was qualified and unanimously agree on that person in order for that person to be selected, and then that person would make a recommendation about alternatives for the overpass. And my concern about that is that in order to go through a process of mediation like that, you have to have some expectation that the people who have the decision-making responsibility will accept the recommendation. So the question immediately arises, if this impartial person were to reach a conclusion that the overpass was, in fact, needed, would the city waive their right to oppose the overpass and would the residents of Grey Oaks waive their right to object to the overpass? And I would suggest to you that that won't happen. Now, let's turn it around. Let's suppose this impartial person were to suggest that the overpass is not necessary, that there is an alternative. How many commissioners on this board would change their mind? I don't think anybody. So in order to make some kind of arbitration process work, you've got to have an agreement up front that both parties will abide by the decision of that arbitrator, and I don't think we're prepared to do that. Page 130 April 27, 2004 Furthermore, it sets a very, very unusual precedent with respect to any other such proj ects that we as commissioners might wish to proceed with. Now, to get down to the final bottom-line issue, there is absolutely no way that I can see that this process is going to be kept out of the courts for one reason and one reason only; the people who are opposed to this overpass are going to feel they are not well served by their elected leaders unless their elected leaders, in this case the city council -- unless their elected leaders pursue every avenue of resistance, and I believe they have a right to expect that their elected leaders would do that. So I think that no matter what we do with respect to trying to find a way to mediate this issue, it is going to be decided in court ultimately. And if that is not the case and if the board feels that there is an opportunity of mediation, then what I would suggest is that we first try to get a commitment from the City of Naples that if the mediation turns out in the county's favor, that the city would waive its right to pursue legal action, and I would also ask this board to make the same commitment, if the decision of this impartial group was against the recommendations of the county staff, that we would, in fact, accept that and not challenge it. Now, I sincerely doubt that I've got, you know, three commissioners here who buy that, and I'm not sure I would either, and you know that I propose the overpass, but this is a principle of responsibility . And I think we've got to stand up and make the decisions we think are best. And if we don't think that they're the right decisions and we have a right to pursue legal action, then we have an obligation to do that. And I think that, for that reason, I would -- I would suggest if we're going to do it, let's get the written commitments up front that Page 131 --- April 27, 2004 both parties would be willing to accept the recommendation of the arbitrators. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Well, you know, first of all if -- I don't -- we haven't heard a viable alternative to meet the long-range plan for this intersection. And if the -- if I'm going to spend money or the taxpayers' money and if the city's going to spend tax -- the city's taxpayers' money, that the alternative merge, eight-lane merge will work, that is something that we need to consider. And then -- but we're not going to get a cost factor in that. That's the problem. We won't get a -- what it is going to cost, from that establishing a design for it, which it never has been designed. We can get a cost estimate. But that has to be part of the consideration also, Commissioner. The -- again, I just see that this is a way to resolve it, and I just can't see -- if somebody came -- the consultant came up with recommendations that the eight-lane merge is not going to work, then I think the city's going to -- at least the mayor, is going to accept that. Now, if it -- on the other side, if the eight-lane merge is something to consider, I think that we should consider it, if that's what -- the recommendations of the consultant. COMMISSIONER COYLE: So you're willing to say that a consultant chosen by a committee of some kind -- if they made a decision that's contrary to the evaluation that has been performed by four other consultants and the county's staff over the past year and a half or two years, then we would accept that independent contractor's -- or consultant's recommendation over all those that we have already received? Is that where we're going with this? COMMISSIONER HENNING: I think that we should consider it but-- , COMMISSIONER COYLE: No. Page 132 April 27, 2004 COMMISSIONER HENNING: -- I'm still saying that it's something to further explore because, again, that consultant is not going to have a cost estimate from that, from -- COMMISSIONER COLETTA: I'm sorry to interrupt here, but I'll tell you, my light's been on while you two are carrying on a conversation. At some point in time this other end of the dais would like to have -- express their opinion. CHAIRMAN FIALA: Go ahead. COMMISSIONER COLETTA: Oh, thank you very much, Madam Chair. I appreciate the opportunity. CHAIRMAN FIALA: I'm sorry I didn't call on you, but I knew COMMISSIONER COLETTA: I know, I know. CHAIRMAN FIALA: -- that they were carrying on a dialogue. COMMISSIONER COLETTA: It's a wonderful dialogue that's goIng on. CHAIRMAN FIALA: I wasn't trying to overlook you purposely. COMMISSIONER HALAS: I'm next. COMMISSIONER COLETTA: No, I know you weren't, and I appreciate it. You're a wonderful chairperson, and thank you for being here. There's got to be a point in time where we put politics aside and let common sense reign. We've had five consultants, including the consultant from the City of Naples, all finding for the same thing, that an overpass is needed. We spent a half million dollars of the taxpayers' money to reprove every other consultant was wrong, right, or whatever. We questioned the integrity of our staff who is sitting there just trying to absorb the data that's coming in and offer a non-biased opinion, and now we're going back around the horn one more time talking about the possibilities of another consultant. Page 133 April 27, 2004 Really, gentlemen -- and ladies and gentlemen, that's enough. You know, we've done enough. We spent enough of the taxpayers' money. We have a commitment to go forward. If we don't have a commitment, let's get this over with right now and go back to our constituents and tell them it's not going to happen, that we don't have the will this commission does to do it. We're only going to prolong this thing until the end of the world. Now, I'll tell you what, there's more than just the City of Naples. What about the people that live in Golden Gate City? What about the people that live in Golden Gate Estates? Every one of these people should be able to figure into this if we're going to talk going back and bringing together a group to talk about it again. This county has elected five commissioners to represent them up here. Either we're capable of doing it or we're not. Now, I say let -- the process has been served, we've done everything we possibly can. And I'll tell you something, I think the people out there are getting sick of this. Let's go forward with it, or if you're going to change your mind, you don't want to do it, stand up in front of your constituents and tell them you're not going to do it for whatever reason. Don't tell me my staff or our staff hasn't done their due diligence. Don't tell me five consultants were paid off or came to a conclusion in some illegal fashion. None of that took place. Everything has been totally above board. I said enough. Commissioner Halas, you go ahead. COMMISSIONER HALAS: Yes. It's amazing that Kimberly Horne (phonetic) was hired by the city, and obviously the city didn't like what the results were, and so they fired them. And here we're going on for five, six years, and the last 18 months, how many workshops have we had with the city -- I think there's been two of them -- where we thought that we had everybody Page 134 April 27, 2004 getting involved in this thing, and then we had about seven studies that were done totally from five different consultants. I think the -- I think we've just about beat this horse to death, and I think what we need to do is move on, just as Commissioner Coletta said. And I think that these engineering firms are of such nature and such stature that they're not going to put their reputation on the line and give us bogus information. I've looked at all the information, and I feel that it's time to move on and let's get going. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: Yeah, just one final comment, and I tend to agree with you on all those things. I believe that any attempt to establish some arbitration group would be dependent upon us waiving our responsibility to make a decision, and it would be dependent upon the city council waiving its right to sue. I do not believe the city council should do that. I believe they should retain their right to sue, because I think that's ultimately where this will all be determined in court, and consequently, I will continue to oppose the overpass on behalf of my constituents. And I think that any attempt to develop this kind of arbitration concept is a waste of time. COMMISSIONER HALAS: Yep. COMMISSIONER COYLE: And let's get to the bottom line and let's get the issues resolved. CHAIRMAN FIALA: Commissioner Henning, did you have any other comments, as far as commissioner comments go, before the end of the meeting? COMMISSIONER HENNING: Well, I think this was a healthy discussion, but I can tell you that I don't think it's going to go to court. I think -- Page 135 April 27, 2004 COMMISSIONER HALAS: Yes, it is. COMMISSIONER HENNING -- the city council doesn't have a basis for any objection to our objection to their Growth Management Plan, because their Growth Management Plan doesn't apply to this particular improvement. I just thought it would be trying to achieve a new working relationship with the elected officials from the City of Naples. I won't bring it up again. CHAIRMAN FIALA: Okay. Commissioner Coyle? COMMISSIONER COYLE: No, I'm finished. That's all I've got say. CHAIRMAN FIALA: Oh, you don't have any other comments? COMMISSIONER COYLE: No. CHAIRMAN FIALA: Okay. All right. Item # 15E STAFF TO PROVIDE A REPORT REGARDING SIGNS THAT I'll wind it up then. A few things. Number one, I wanted to talk to you today about signs, and I wanted to create an ordinance, depending on what you commissioners feel, as far as an ordinance against signs advocating violence. And I was wondering if that would be something that you would consider having staff put together for your consideration. COMMISSIONER COLETTA: Give me an example, Commissioner Fiala, of what's out there now. MR. MUDD: Yes, ma'am -- yes, sir. Let me help you, Commissioner, just for a second. CHAIRMAN FIALA: Thank you. MR. MUDD: And this happened just before the President's visit, Page 136 April 27, 2004 and there was a certain establishment in Collier County that had a sign on its door that said, machine guns, silencer, and grenade launchers for sale. You know, not only -- not only is that disappointing from a public relations standpoint with the President visiting Naples and supposedly an upscale community in United States, and that's the reason for the visit, but that sheds some pretty nefarious setting as far as people along certain stretches of this community that we would like to get gussied up, that we would like to be more upscale so that -- so that people can, you know, can think of us besides going down there and saying whatever, and so it was a little disturbing. And we basically went to code enforcement. Well, we also went to the sheriff to look out. We gave him a heads-up just in case something off color happened during the presidential visit around that establishment. Because of our interest, the county staff was called Nazis and other things like that. What I will tell you is, right now that sign on that door is permissible under your sign ordinance, and I think that's a perfect example of what Commissioner Fiala -- where she's going with this particular item. CHAIRMAN FIALA: Yes, sir. Commissioner Coletta, Commissioner Halas. COMMISSIONER COLETTA: Let Commissioner Halas go first. CHAIRMAN FIALA: Go ahead. COMMISSIONER HALAS: Was this a gunshop or was this a private residence, or just what was this that -- MR. MUDD: A pawnshop, sir. COMMISSIONER HALAS: Pawnshop? MR. MUDD: Yes, sir. COMMISSIONER HALAS: Unbelievable. Page 137 April 27, 2004 COMMISSIONER COLETTA: I'm all for it if we don't take away that First Amendment right of freedom of speech. I'm not too sure where we stand on that. How about -- Mr. Weigel? MR. WEIGEL: Thank you. Local government, any government, obviously has to work within the context of the First Amendment right of free speech, and -- but there are, to some degree, some commercial restraints that can be implemented. And we've worked with those in the past with our sign and other related ordinances where, particularly in the commercial area, there can be time and space limitations that may be -- that may be effectuated. I'd suggest if the board gives the staff any directive at all, that obviously it will have to have the legal component to come back to you and report what the options or alternatives are, how much leeway there really is in this category. I really can't tell you at this point. It'd have to be looked at very closely. CHAIRMAN FIALA: Commissioner Coyle, then Commissioner Halas. COMMISSIONER COYLE: Yeah, just an observation. You know, it is legal to sell those things. And as long as you have the appropriate license to do that, people can purchase all sorts of weapons of that type, and there are very strict limits on who can get licenses to do that. So if the gentleman is -- has the appropriate license and he's operating within the law, I think it's going to be very difficult to tell him he can't put a sign there that says he can't sell those things. So I think we have to be careful about the licensing processes, but he must keep certain records, and those records are subj ect to audit. And, you know, it might be interesting to see if those records are, in fact, maintained. But otherwise, I think we've got to be very careful about how we go about limiting businesses' rights to advertise Page 138 April 27, 2004 what they can legally sell. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: Yeah. I think maybe the only thing we could maybe have jurisdiction over -- and, again, it would probably end up in the court of law -- and that is a sign of good taste. When you start saying Nazis and things of this nature, I would think that there might be something in that that we could maybe look at. I feel that when you make any ethnic slurs or get into any -- anything to do with racial or anything else, I think that might fall in the guidelines of what was passed here a year ago, and that is discrimination. And if it borders on that, then I think you might have something to deal with there. CHAIRMAN FIALA: So would you consider an ordinance or not? COMMISSIONER HALAS: I think it's got to be investigated. COMMISSIONER COYLE: I think we should investigate it, yeah. CHAIRMAN FIALA: Okay. So -- and that would be all right with you to -- COMMISSIONER COLETTA: To get the facts. CHAIRMAN FIALA: -- have our county attorney investigate that? COMMISSIONER HALAS: Sure. CHAIRMAN FIALA: Okay. And our county manager. Okay, well, thank you. Health, safety, and welfare are so important to all five of us and to our county government in general. That's what we're here for. Thank you. Item #15F COMMISSIONER FIALA'S ISLAND MEETING TO BE HELD Page 139 April 27, 2004 Second thing I have to say is for any of our audience members who are dying to go to another town hall meeting, we have an islands town hall meeting tomorrow even for -- actually it's going to be focusing on issues from Marco Island, Isles of Capri, and for Goodland, but anybody else who'd like to come and sit in, we'd would just love them. We're going to have a number of county staff there to meet with people and to discuss the issues that are concerning the islands. It's tomorrow, Wednesday, the 28th of April, seven to nine p.m. at MackIe Park. All are invited. We want to show them how it's done out there on the islands. And the last thing I wanted to say was happy birthday, Commissioner Henning, one more time. COMMISSIONER HENNING: Oh, thank you. CHAIRMAN FIALA: And happy birthday, Norm. COMMISSIONER HENNING: I'm still thousands of months younger than Commissioner Coyle. COMMISSIONER COYLE: And you. CHAIRMAN FIALA: All of us. Actually, I believe that as we're sitting in this room, I think you're younger than everybody, other than our court reporter, anybody sitting on this side of the chairs anyway. COMMISSIONER COYLE: Oh, Sue is much younger. COMMISSIONER HENNING: Much younger. CHAIRMAN FIALA: It's wonderful to be so young. COMMISSIONER HENNING: Have a baby. It will keep you young, Commissioner. CHAIRMAN FIALA: Oh, yes. And with that -- COMMISSIONER COYLE: Do you want a time report? CHAIRMAN FIALA: Oh, I guess -- I guess we do. Look at the Page 140 April 27, 2004 glint in his eye. COMMISSIONER COYLE: Well, Commissioner Coletta got the prize again this time. COMMISSIONER COLETTA: All right. COMMISSIONER COYLE: He spoke almost twice as long as either Commissioner Halas or I. CHAIRMAN FIALA: Well, I think you were only quiet because you were doing the timing so now you see how much talking you do. COMMISSIONER COLETTA: We want you to do this every meeting. *****Commissioner Henning moved, seconded by Commissioner Halas and carried unanimously, that the following items under the Consent and Summary Agendas be approved and! or adopted: * * * * * Item #16A1 RESOLUTION 2004-115 AUTHORIZING FINAL APPROVAL OF THE ROADWAY (PUBLIC), DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "TIMBER RIDGE, UNIT TWO" THE DRAINAGE IMPROVEMENTS WILL BE PRIV A TEL Y MAINTAINED, THE WATER AND SEWER IMPROVEMENTS WILL BE MAINTAINED BY IMMOKALEE WATER AND SEWER DISTRICT, THE ROADWAY IMPROVEMENTS WILL BE MAINTAINED BY COLLIER Item #16A2 RECORDING THE FINAL PLAT OF "FIDDLER'S CREEK P ARKW A Y EXTENSION, PHASE 3", AND APPROVAL OF THE Page 141 April 27, 2004 ST ANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE Item #16A3 SATISFACTION OF LIENS FOR RESOLUTION NO. 2002-395, (ALIDA VICTOR HALL); 2003-435, (CLETUS MILBERT); 2003-442 (CNC INVESTMENTS LLC); AND 2003-440 (LORA BIlLERAllil) Item #16A4 RESOLUTIONS 2004-116 THROUGH 2004-122 PROVIDING FOR THE ASSESSMENT OF LIENS FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCES REGARDING CODE ENFORCEMENT CASE NUMBERS: 2003051145/ H S PARTNERSHIP, 2003110551/STONESTREET, WILLIAM M., 2003091073/WILKINSON-MEFFERT CONST. CO. INC., 2003090701/ WILKINSON-MEFFERT CONST. CO. INC., 2003091072/WILKINSON-MEFFERT CONST. CO. INC., 2003091071/ WILKINSON-MEFFERT CONST. CO. INC., AND Item #16A5 RESOLUTIONS 2004-123 THROUGH 2004-131 PROVIDING FOR THE ASSESSMENT OF LIENS FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCES REGARDING CODE ENFORCEMENT CASE NUMBERS: 2003100068/ A VILA, FILOMENO & MARIA J., 20031 00358/BA TON ROUGE,LLC, Page 142 --- April 27, 2004 2003100882/BRA Y, STEVEN F., 2003110796/CONDORI, FRANKLIN & HA YDEE, 2003110797 /CONDORI, FRANKLIN & HA YDEE, 200311 0798/CONDORI, FRANKLIN & HA YDEE, 2003100199/HAMILTON BAY DEV., LLC, 2003100811/PERSECO CORP., AND 2003110488/BARON, MIMON Item # 16A6 RESOLUTIONS 2004-132 THROUGH 2004-142 PROVIDING FOR THE ASSESSMENT OF LIENS FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCES REGARDING CODE ENFORCEMENT CASE NUMBERS: 2003120857/DELAROSA, SANDY L., 2003120487/EICHAKER, WILLIAM H. & AYAKO, 2003091183/MOBIL OIL CORP. 2003081551/ HORSE CREEK PARTNERS, LTD.,ALAN SCHIFFMAN -(REG. AGENT), 2003081505/ HORSE CREEK PARTNERS, LTD.,ALAN SCHIFFMAN -(REG. AGENT), 2003081552/ HORSE CREEK PARTNERS, LTD.,ALAN SCHIFFMAN -(REG. AGENT), 2003081546/ HORSE CREEK PARTNERS, L TD.,ALAN SCHIFFMAN -(REG. AGENT), 2003081540/ HORSE CREEK PARTNERS, LTD.,ALAN SCHIFFMAN -(REG. AGENT), 2003081538/ HORSE CREEK PARTNERS, LTD.,ALAN SCHIFFMAN -(REG. AGENT), 2003081554/ HORSE CREEK PARTNERS, LTD.,ALAN SCHIFFMAN -(REG. AGENT), 2003081544/ HORSE CREEK PARTNERS, LTD.,ALAN Item #16A7 SATISFACTION OF LIENS FOR CODE ENFORCEMENT Page 143 April 27, 2004 BOARD CASE NO. 2003-050, 2003-049, 2003-007, 2003-025, Item # 16A8 RECORDING THE FINAL PLAT OF "MISSION HILLS SHOPPING CENTER", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECllRIT Y Item #16A9 ACCEPTANCE OF $1,500.00 AS SATISFACTION FOR A SECOND MORTGAGE GIVEN TO THE COUNTY BY BAUDILLO DELEON AND LUCILA FUNEZ AND EXECUTE A Item #16A10 RESOLUTIONS 2004-143 THROUGH 2004-152 PROVIDING FOR THE ASSESSMENT OF LIENS FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCES REGARDING CODE ENFORCEMENT CASE NUMBERS: 200311 0863/BENJAMSON, MARTIN I. & LILLIAN E., 2003100815/DION, CHERYL L., 2003081437/ENDRES, JOHN D., 2003110659/GLOVER, LIZZIE H., 2003101236/ GLOVER, LIZZIE H., 2004010316/GOMEZ, JESUS, 2003090838/CHARLIE MAE GRAY EST., WILLIE 1. UNDERWOOD EST., 2003120081/LA RUE, CLAUDE E., 200310 1195/MELENDEZ, MIRANDA, 20031 00052/SPRINGS, MAIIH.R W.T & Ull.J, A A Page 144 April 27, 2004 Item #16A11 RESOLUTION 2004-153 RE FINAL APPROVAL OF THE ROADWAY (PUBLIC), DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "HABITAT VILLAGE" AND RELEASE OF MAINTENANCE SECURITY. THE ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE PRIVATELY MAINTAINED, THE WATER AND SEWER IMPROVEMENTS WILL BE MAINTAINED BY COLLIER COllNT Y Item #16A12 RESOLUTION 2004-154 RE FINAL APPROVAL OF THE ROADWAY (PRIVATE), DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "CALUMET RESERVE" AND RELEASE OF MAINTENANCE SECURITY. THE ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE PRIV ATEL Y MAINTAINED, THE WATER AND SEWER IMPROVEMENTS WILL BE MAINTAINED BY COLLIER COllNT Y Item #16A13 - Moved to Item #1 OC Item #16A14 AUTHORIZE ENGINEERING REVIEW STAFF AND THE COUNTY ATTORNEY'S OFFICE TO AMEND ORDINANCE 2002-01, THE COLLIER COUNTY ADMINISTRATIVE CONSTRUCTION CODE (ACC), WHICH AMENDS CHAPTER 1 Page 145 April 27, 2004 OF THE FLORIDA BUILDING CODE (FBC), ADMINISTRATION, CODIFIED AS CHAPTER 22 OF THE COLLIER COUNTY LAWS AND ORDINANCES, AS IT PERTAINS TO FILL MATERIALS AND FINISHED FLOOR ELF V A Tl(Th¡ S Item #16A15 BUDGET AMENDMENT TRANSFERING $250,000 FROM COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES FUND 113 BUILDING PERMIT RESERVES TO CAPITAL FOR THE REFURBISHMENT OF THE EXISTING COMMUNITY DEVELOPMENT AND ENVIRONMENTAL Item #16A16 BUDGET AMENDMENT OF $27,485.00 FROM THE IMMOKALEE CRA FUND TO REIMBURSE THE COMMUNITY REDEVELOPMENT DEPARTMENT FOR UTILITY AND ROAD PROJECTS IN THE IMMOKALEE REDEVELOPMENT lliS.I.RICT Item #16A17 RESOLUTION 2004-155 APPROVING THE LOCAL HOUSING ASSISTANCE PLAN (HAP) FOR FISCAL YEARS 20042005, 2005-2006, AND 2006-2007 AS REQUIRED BY THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM AND THE INTERLOCAL AGREEMENT WITH THE CITY OF NAELF S Page 146 April 27, 2004 Item #16B1 ACCEPT THE CONVEYANCE OF A QUIT CLAIM DEED FOR TRACT "A" OF TARPON BAY BOULEVARD, WHICH IS REQUIRED FOR THE PURPOSE OF MAINTAINING TARPON Item #16B2 CHAIRMAN AUTHORIZED TO SIGN AN EASEMENT USE AGREEMENT ALLOWING HOMEOWNERS (H. ALBERT & MARIA C. FORERO) TO CONTINUE USING A PERMITTED CABANA WHICH WAS CONSTRUCTED WITHIN A PUBLIC UTILITY & DRAINAGE EASEMENT HELD BY COLLIER COI.lNT Y Item #16B3 - Moved to Item #10D Item #16B4 APPROVAL OF INSTALLATION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF COLLIER BOULEVARD AND BUSINESS CIRCLE DRIVE SOUTH COST TO BE BORNE BY W AL-MART MARKET CENTER PUD AND ANNUAL MAINTENANCE COST OF APPROXIMATELY $3,500 TO BE Item #16B5 ADOPT -A-ROAD PROGRAM AGREEMENTS WITH THE Page 147 April 27, 2004 BOARD OF COUNTY COMMISSIONERS AND "YOUR CHILD CARE" FOR A SEGMENT OF AIRPORT -PULLING ROAD FROM U.S. 41 TO RADIO ROAD; "FIRST ASSEMBLY OF GOD" FOR A SEGMENT OF C.R. 951 FROM RA TTLESNAKE- HAMMOCK ROAD TWO MILES NORTH; "HARRIS ON- BARRY" FOR A SEGMENT OF ROADWAY KNOWN AS WEBER BOULEVARD SOUTH; AND "SCOTT GUNDECK", GENERAL CONTRACTOR FOR A SEGMENT OF DESOTO TH TH Item # 16B6 LANDSCAPE INSTALLATION AND MAINTENANCE AGREEMENT BETWEEN BRYNWOOD PRESERVE RESIDENTS ASSOCIATION AND COLLIER COUNTY FOR LANDSCAPING WITHIN THE RIGHT-OF-WAY ON LIYINGSIONROAD Item #16B7 BUDGET AMENDMENT IN THE AMOUNT OF $1,654,309 FOR THE FINAL JUDGMENT FOR PARCEL 110, COLLIER COUNTY VS. NORTHSIDE CONSTRUCTION COMPANY FOR PINE Item #16B8 CONTRACT # 03-3505 - "CONSULTANT SERVICES FOR DEVELOPING A ROADWAY ASSET INVENTORY DATABASE" - PROFESSIONAL SERVICES AGREEMENT AWARDED TO SPACE IMAGING, LLC IN THE ESTIMATED Page 148 April 27, 2004 Item #16C1 APPROVE AMENDMENT 1 TO CONTRACT 03-3517 WITH GREELEY AND HANSEN LLC FOR "PROFESSIONAL ENGINEERING SERVICES FOR WATER MAIN PROJECTS" IN Item # 16C2 RESOLUTION 2004-156 AUTHORIZING A DECLARATION OF EASEMENT FOR A DEEP INJECTION WELL AND MONITORING WELL FACILITIES AT THE NORTH COUNTY Item #16C3 CONVEYANCE OF A UTILITY EASEMENT FROM COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY W A TER- SEWER DISTRICT TO REFLECT THE AS-BUILT LOCATION OF A RAW WATER LINE CONSTRUCTED AS PART OF THE SOUTH COUNTY REGIONAL WATER TREATMENT PLANT Item #16C4 ACCEPTANCE OF A UTILITY & ACCESS EASEMENT FROM Page 149 --- ------- -- April 27, 2004 THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY FOR TWO WATER WELLS, PIPELINE AND ACCESS EASEMENTS ON SCHOOL PROPERTY LOCATED ON THE NORTH SIDE OF THE EXTENSION OF V ANDERBIL T BEACH ROAD IN ORDER TO MAINTAIN THE RELIABILITY OF THE EXISTING NORTH Item # 16C5 RESOLUTION 2004-157 AUTHORIZING THE DECLARATION 0 F EASEMENT FORA WATER WELL, PIPELINE AND ACCESS WITHIN PROPERTY ACQUIRED FOR A FUTURE PARK IN ORDER TO MAINTAIN THE RELIABILITY OF THE Item # 16C6 CONVEYANCE OF AN EASEMENT TO FLORIDA POWER & LIGHT COMPANY FOR ELECTRIC UTILITY FACILITIES TO SERVICE A PROPOSED POTABLE WATER WELL LOCATED ON A 128.9 ACRE PARK SITE ON THE NORTH SIDE OF THE Item # 16C7 WORK ORDER # SC-02- 74 WITH SURETY CONSTRUCTION COMPANY IN THE AMOUNT OF $125,840.00 TO PERFORM SELECTIVE DEMOLITION FOR THE PUBLIC UTILITIES Item #16C8 Page 150 ---- April 27, 2004 BUDGET AMENDMENTS TO RECORD REVENUES AND RELATED EXPENDITURES FOR PAYMENT RECEIVED FROM PROPERTY OWNERS OF THE PRICE STREET - BAREFOOT WILLIAMS ROAD WATER MUNICIPAL SERVICES BENEFIT Item #16C9 APPROVAL OF AFTER-THE-FACT SUBMITTAL OF THE AL TERNA TIVE WATER SUPPLY GRANT APPLICATION TO THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD) FOR THE FOUR NEW POTABLE WATER ASR Item #16C10 APPROVAL OF THE AFTER- THE-FACT SUBMITTAL OF THE AL TERNA TIVE WATER SUPPLY GRANT APPLICATION TO THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD) FOR THE CARICA ROAD POTABLE WATER ASR Item #16C11 APPROVAL OF THE AFTER- THE-FACT SUBMITTAL OF THE ALTERNATIVE WATER SUPPLY GRANT APPLICATION TO THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT Item #16C12 Page 151 --- April 27, 2004 APPROVAL OF THE AFTER-THE-FACT SUBMITTAL OF THE AL TERNA TIVE WATER SUPPLY GRANT APPLICATION TO THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD) FOR THE GOODLETTE FRANK ROAD FORCE Item #16C13 APPROVAL OF THE AFTER-THE-FACT SUBMITTAL OF THE AL TERNA TIVE WATER SUPPLY GRANT APPLICATION TO THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD) FOR THE 20" RECLAIMED WATER MAIN AT Item #16D1 APPROVAL OF A MEDICAL DIRECTOR CONSULTING CONTRACT BETWEEN COLLIER COUNTY AND NAPLES COMMUNITY HOSPITAL. (COMPANION ITEM RELATING TO Item # 16D2 BUDGET AMENDMENT APPROPRIATING $29,532.05 FROM GENERAL FUND RESERVES FOR REIMBURSEMENT TO THE STATE OF FLORIDA FOR OVERPAYMENT ON A FEMA Item #16D3 Page 152 -'--___m" April 27, 2004 APPROVAL OF AN AUTHORIZED PROVIDER AGREEMENT WITH THE AMERICAN RED CROSS TO ENSURE THE SAFETY OF PROGRAM PARTICIPANTS AND THE GENERAL PUBLIC BY PROVIDING AMERICAN RED CROSS TRAINING TO EMPLOYEES AND CLIENTS OF COLLIER COUNTY Item #16D4 APPROVAL TO APPLY FOR A FLORIDA COMMUNITIES TRUST FLORIDA FOREVER GRANT IN AN AMOUNT NO LESS THAN $1,260,000 FOR THE PURCHASE OF THE MAR- Item #16D5 APPROVAL OF A SOUTH FLORIDA WATER MANAGEMENT DISTRICT GRANT AGREEMENT FOR $26,300 FOR A CENTRAL IRRIGATION CONTROL SYSTEM IN THE SOUTH Item # 16D6 RESOLUTION 2004-158 AND DECLARATION OF EMERGENCY 2004-01 DECLARING A STATE OF EMERGENCY AND EXPANDING THE EXISTING BOUNDARIES TO BE COUNTY WIDE PER COUNTY ORDINANCE 2004-11 REGARDING INOCULATION AND REMOVAL OF PALM TREES TO SUPPRESS LETHAL YELLOWJ:NG.nISR A S R Page 153 .---.-- April 27, 2004 Item #16D7 BCC TO PROVIDE A LETTER OF SUPPORT TO ANNE T. SIMON, EXECUTIVE DIRECTOR OF YOUTH HAVEN, INC. IN SUPPORT OF YOUTH HAVEN'S NOMINATION OF THE NAPLES EDUCATION AND CHILDREN'S FOUNDATION AS Item #16E1 AGREEMENT PROVIDING THE GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT $88,227 FROM THE GAC LAND TRUST FUND FOR THE PURCHASE OF A FIRE SAFETY Item # 16E2 AUTHORIZING CONVEYANCE OF AN EASEMENT TO LEE COUNTY ELECTRIC COOPERATIVE, INC. FOR ELECTRIC UTILITY FACILITIES TO SERVICE THE IMMOKALEE Item #16E3 BID NO. 04-3606 FOR ON-CALL ROOFING REPAIRS AND INSPECTION SERVICES - AWARDED TO ADVANCED ROOFING, INC. AS PRIMARY VENDOR, CROWTHER ROOFING & SHEET METAL, INC. AS SECONDARY VENDOR, AND SUTTER ROOFING CO. OF SW FLORIDA AS TERTIARY YENnOR Page 154 April 27, 2004 Item #16E4 - Moved to Item #10E Item # 16E5 BID NO. 04-3610R FOR VENDING MACHINE SERVICES - Item #16E6 APPROVAL OF ADDITIONS TO, DELETIONS FROM AND MODIFICATIONS OF CERTAIN CLASSIFICATIONS IN THE 2004 FISCAL YEAR PAY AND CLASSIFICATION PLAN MADE Item #16E7 RESOLUTION 2004-159 APPROVING A VALID PUBLIC PURPOSE FOR COUNTY FUNDS INCURRED IN A DEPARTMENTAL EMPLOYEE OF THE MONTH RECOGNITION PROGRAM, AS ESTABLISHED IN 0R.IllNANCR R 7 - 5 Item #16E8 APPROVAL AND RA TIFICA TION OF THE SETTLEMENT IN PROFESSIONAL FIREFIGHTERS OF THE EVERGLADES, IAFF, LOCAL 3670 V. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, CASE NO. CA-2003-040, STATE OF Item #16F1 Page 155 April 27, 2004 RECOGNIZE AND APPROPRIATE $22,497 OF REVENUE FROM A LEASE AGREEMENT FOR A COMMUNICATIONS Item #16F2 TOURIST DEVELOPMENT CATEGORY "A" GRANT APPLICA TION SUBMITTED BY PARKS AND RECREATION FOR BEACH CLEANING AND MAINTENANCE FOR FISCAL Item #16F3 BUDGET AMENDMENT REPORT - BA #04-218 IN THE AMOl.INI..OE... ~ , 6 R R Item #16H1 COMMISSIONER HENNING TO ATTEND A FUNCTION SERVING A VALID PUBLIC PURPOSE FOR THE GREATER NAPLES, MARCO ISLAND, EVERGLADES CONVENTION & VISITORS BUREAU'S 2004 COLLIER COUNTY TOURISM AWARDS LUNCHEON TO BE HELD ON MAY 7,2004, AT NOON AT THE OLDE MARCO ISLAND INN & SUITES FOR A = Item # 16H2 COMMISSIONER COLETTA TO ATTEND A FUNCTION SERVING A VALID PUBLIC PURPOSE FOR THE GREATER Page 156 - -------. April 27, 2004 NAPLES, MARCO ISLAND, EVERGLADES CONVENTION & VISITORS BUREAU'S 2004 COLLIER COUNTY TOURISM AWARDS LUNCHEON TO BE HELD ON MAY 7,2004 AT NOON AT THE OLDE MARCO ISLAND INN & SUITES FOR A = Item #16H3 COMMISSIONER COLETTA TO ATTEND A FUNCTION SERVING A VALID PUBLIC PURPOSE FOR THE FLORIDA CITRUS MUTUAL'S 2004 AREA MEETING LUNCHEON IN LABELLE AT THE EXTENSION OFFICE ON APRIL 14, 2004 AT Item #16H4 COMMISSIONER FIALA TO ATTEND A FUNCTION. - SERVING A VALID PUBLIC PURPOSE FOR THE GREATER NAPLES, MARCO ISLAND, EVERGLADES CONVENTION & VISITORS BUREAU'S 2004 COLLIER COUNTY TOURISM AWARDS LUNCHEON TO BE HELD ON MAY 7, 2004, AT NOON AT THE OLDE MARCO ISLAND INN & SUITES FOR A = Item # 16H5 COMMISSIONER FIALA TO ATTEND A FUNCTION SERVING A VALID PUBLIC PURPOSE FOR A LUNCHEON TO HONOR FORMER MAYOR BONNIE MACKENZIE ON MAY 10, 2004, AT 11:30 A.M. AT THE NAPLES BEACH CLUB HOTEL IN AMOllNLOE.$35Ji Page 157 ------- ------- - April 27, 2004 Item #1611 MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REEERRED The following miscellaneous correspondence, as presented by the Board of County Commissions, has been directed to the various departments as indicated: Page 158 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE April 27, 2004 FOR BOARD ACTION: H:DataIF ormat A. Minutes: 2. 3. 4. 5. 6. 7. 8. 9. 1. Vanderbilt Beach M.S.T.u. Advisory Committee - Agenda for March 18 and April 1, 2004; Minutes of March 4, 2004. Collier County Citizens Corps Advisory Committee -Agenda for February 18,2004; Minutes of February 18,2004. Collier County Library Advisory Board - Agenda for March 24, 2004; Minutes of February 25,2004. Forest Lakes Roadway and Drainage M.ST.U. - Minutes of March 11, 2004; December 2003 Drainage Master Plan. Golden Gate Estates Land Trust Committee Meeting - Minutes of February 2, 2004. Collier County Citizen Advisory Task Force - Agenda for February 12, 2004; Minutes of February 12,2004. Collier County Pelican Bay Services - Budget Sub-Committee Meeting Agenda for March 17,2004; Budget Sub-Committee Minutes for February 17, and 18,2004. Regular Meeting of April 7, 2004; Minutes of March 3, 2004; Clam Bay Sub-Committee Minutes - March 3,2004. Lely Golf Estates Beautification M.S.T.u. - Agenda for March 18,2004 and April 15; Minutes of February 19,2004 and Minutes of March 18, 2004. Collier County Planning Commission - Agenda for April 1, 2004; Regular Minutes of February 19, 2004; Special Meeting Minutes of February 19, 2004. 10. Productivity Committee Meeting Minutes - Minutes for February 18, 2004. 11. Coastal Advisory Committee Minutes - Minutes of February 12,2004. 12. Environmental Advisory Council - Agenda for April 7, 2004; Minutes of March 3, 2004. 13. 14. 15. 16. 17. 18. 20. B. H:Data/Format Parks and Recreation Advisory Board - Agenda for March 17,2004; Minutes of February 18,2004. Historical & Archaeological Preservation Board - Agenda for March 17, 2004; Minutes of February 18, 2004. Development Services Advisory Sub-Committee - Budget and Operations Sub-Committee Agenda and Minutes of February 11, 2004 and September 10,2003. Collier County Contractor's Licensing Board - Agenda for March 17, 2004. Radio Road Beautification M.S.T.U. - Agenda for March 16,2004; Minutes of February 17, 2004. Immokalee Beautification M.S.T.u. Advisory Committee - Agenda for March 17,2004; Minutes of February 18,2004. 19. Lely Community Development Advisory Board - Minutes of January 21, 2004, December 17,2003, and November 19,2003. Collier County Revenue Commission - Agenda for January 28,2004 February 11, 2004; Minutes of January 28, 2004; February 11, 2004; Prioritization of the Four Un-financed Priorities Sub-Committee Agenda and Minutes for January 21,2004, and Minutes of January 28, 2004. Other: 1) "Friends of the Library Group" Annual Reports for October 1, 2003 through September 30, 2003. 2) "Friends of the Parks" Groups Annual Reports for the following: Friends of Barefoot Beach Preserve; Friends of Tigertail; Friends of East Naples Community Park; Friends of Vineyards Community Park, and Friends of Veterans Park. April 27, 2004 Item #16Kl AGREED ORDER AND PAYMENT OF PLANNING FEES, APPRAISAL FEES, AND ENVIRONMENTAL FEES IN THE AMOUNT OF $5976.00 IN THE LAWSUIT STYLED COLLIER COUNTY V. CAROLE CONSTRUCTION OF NAPLES, INC., ET. AL., CASE NO. 02-5139-CA (IMMOKALEE ROAD PROJECT #60018) - PAYMENT TO BE MADE TO THE ROETZEL & Item #16K2 STIPULATED FINAL JUDGMENT RELATIVE TO THE ACQUISITION OF PARCEL 116 IN THE LAWSUIT STYLED COLLIER COUNTY V. CALUSA PINES GOLF CLUB LLC, ET Item # 16K3 AGREED ORDER AND PAYMENT OF APPRAISAL FEES FOR $4812.50 IN THE LAWSUIT STYLED COLLIER COUNTY V. KATHRYN HANKINS, ET. AL., CASE NO. 00-1296-CA (GOLDEN GATE BOULEVARD PROJECT #63041) - PAYMENT Item #16K4 AGREED ORDER AND PAYMENT OF PLANNING FEES AND APPRAISAL FEES FOR $3,387.50 FOR PARCEL 127 IN THE LAWSUIT STYLED COLLIER COUNTY V. G. HERBST, ET. AL., CASE NO. 02-5138-CA (IMMOKALEE ROAD PROJECT Page 159 April 27, 2004 #60018) - PAYMENT TO BE MADE TO THE ROETZEL & Item # 16K5 MAKING OF FIVE OFFERS OF JUDGMENT RELATIVE TO THE FEE TAKING OF PARCEL NOS. 808,908,112,114 AND 914 IN THE LAWSUIT STYLED COLLIER COUNTY V. ELIAS VALENCIA, ET AL., CASE NO. 03-2274-CA (GOLDEN GATE PARKWAY PROJECT #60027) - WITH STIPULATIONS AND UP Item # 16K6 AGREED ORDER AND PAYMENT OF PLANNING FEES AND APPRAISAL FEES FOR $1710.00 FOR PARCEL 128 IN THE LAWSUIT STYLED COLLIER COUNTY V. G. HERBST, ET. AL., CASE NO. 02-5138-CA (IMMOKALEE ROAD PROJECT #60018) - PAYMENT TO BE MADE TO THE ROETZEL & Item #16K7 MEDIATED SETTLEMENT AGREEMENT AND STIPULATED FINAL JUDGMENT AS TO PARCEL 167 A IN THE LAWSUIT STYLED COLLIER COUNTY V. ANDY R. MORGAN, ET AL., IMMOKALEE ROAD PROJECT 60018 (TOTAL COST OF $ 2 7 , 40.8...00) Item # 16K8 Page 160 .....--., .-....-.-......, April 27, 2004 CHAIRMAN TO EXECUTE A RETENTION AGREEMENT FOR LEGAL SERVICES ON AN "AS NEEDED" BASIS WITH THE LAW FIRM OF ALLEN, NORTON & BLUE, P.A., TO MEET COUNTY PURCHASING POLICY CONTRACT UPDATE R.EQI1IREMENT S Item #16K9 BUDGET AMENDMENT TO PAY FOR MINOR RECONFIGURA TION OF THE OFFICE SPACE ALLOCATED Item #17A RESOLUTION 2004-160 REGARDING SE-2004-AR-5345, THE MARE TEE EARTHMINING CONDITIONAL USE CORRECTING A SCRIVENER'S ERROR RESULTING FROM THE UNINTENTIONAL INCLUSION OF AN INCORRECT LEGAL DESCRIPTION ATTACHED AS EXHIBIT "B" TO THE ORIGINAL RESOLUTION FOR THE PROPERTY LOCATED AT THE EASTERN TERMINUS OF MARETEE ROAD IN SECTION 7, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER ~A Item # 1 7B ORDINANCE 2004-26 AMENDING ORDINANCE NO. 04-08, WHICH AMENDED ORDINANCE NO. 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, CORRECTING SCRIVENER'S ERRORS RELATING TO THE INCORRECT INSERTION OF MAPS PERTAINING TO SECTION Page 161 April 27, 2004 2.2.2 1/2, RURAL FRINGE MIXED USE DISTRICT AND SECTION 2.2.30, NATURAL RESOURCE PROTECTION AREA 0 VERLA Y DIS TRI CT; AND CO RRECTIN G S C RIVENE R' S ERRORS RELATING TO DIVISION 3.15, ADEQUATE PUBLIC EAClUTIE S CHAIRMAN FIALA: And with that, fellow commissioners, the meeting is adjourned. ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 2:22 p.rn. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL D IS TRI CTS UNDER ITS CONTRO.1/J. / . ~d~ DO NN A FIALA, Chairman ATTEST:, . DWIGHi.~~..BROCK, CLERK .. . ^, ¿:t:~~i ~~ ø t ~ /' - OJ, ,." . .' . Àttest as to Ch&~ I signature OftlJ. These minutes approved by the Board on ,~øy , as Page 162 ..........- --. April 27, 2004 presented // c/ or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES, INC. BY CHERIE NOTTINGHAM AND TERRI LEWIS. Page 163