MINUTES OF THE MEETING

OF THE PORT OF THE ISLANDS

COMMUNITY IMPROVEMENT DISTRICT

The regular meeting of the Board of Supervisors of the Port of the Islands Community Improvement District was held Friday, February 18, 2005 at 10:00 a.m. at the Egret Room, 25000 Tamiami Trail, Naples, Florida.

Present and constituting a quorum were:

Ted Bissell Vice Chairman

Dale Lambert Assistant Secretary

Norine Dillon Assistant Secretary

Dick Ziko Assistant Secretary

Also present were:

Chuck Adams Manager

Dan Cox Attorney (by phone)

Ron Benson Engineer

Jim Colletta County Commissioner

Paul Wilson Fire Chief

Tim Stephens Field manager

Robert Dick Severn Trent

Elizabeth Baker H.O.A. Attorney

Numerous Residents

FIRST ORDER OF BUSINESS Roll Call

Mr. Adams called the meeting to order, called the roll and stated Mr. Goscicki informed you that last month's minutes were not available and you will receive those next month along with the minutes from this meeting.

Mr. Ziko stated before we move on to staff reports, Mr. Gatti made arrangement for Commissioner Colletta to visit with us today. He has been kind enough to find time in his schedule to accommodate us. We agreed to hold his presentation first, so he can return to his business. This is regarding the fire station and the Fire Districts and what we might be able to do to get a fire station in down the road.

Mr. Colletta stated one issue you have is emergency services in relation to this development, for Fire Department and EMS. When I was here before there was quite a bit of construction going on. We were talking about possible donated land to be there for EMS, available funding and all sorts of issues.

I am not sure where these discussions led. You still do not have a fire station here. I am not sure what the economics are that warrant one here. You have to find and buy the land to build it on. Anything we can do to answer questions or any type of leads that anyone can give me as to what is happening, I would appreciate it. I invited Chief Wilson who is in charge of the Ochopee Fire Department for fire services in this area. Has anything new developed?

Mr. Wilson stated the talks between us and East Naples are pretty much on hold. Our last meeting took place about two months ago. I am not quite sure of the direction we are going. It is still open for discussion with them. I was approached by several people and informed there was potential of conveying your building here. That was mentioned as a possible location. There is a brand new development going in on the north end.

It was my understanding there could be a potential land donation through that process and that we have to sign off on this STP before we can begin to build. If that is true, then under the land development codes, I believe we can request a piece of property as well.

Mr. Colletta stated we cannot just pick this up once a year.

Mr. Ziko stated we became interested in this when the opportunity arose with Orchid Cove for them possibly donating a piece of land to us for a fire station. It is of benefit to them and us. Based on a meeting we had last year, we heard talk of petitions. Say this developer does give us this property. We now have a piece of land to start with. What are the next steps we need to look at so we do not have to wait ten years for a fire station?

Mr. Colletta responded you need to get behind it and ride it through the long process and get actively involved. You need a working committee to follow day-to-day mechanics and make reports to the Board.

Mr. Lambert stated this is why we called you to come out today. Mr. Gatti originally tried to have a meeting, but it was then determined that there may be some Sunshine violations or something.

Mr. Colletta stated it would be a Sunshine violation if more than one person from your group met with me. I can meet with anyone here, but not a fellow Commissioner.

Mr. Lambert stated we are interested in pushing this along.

Ms. Dillon asked could we have a committee of residents, other than CID, who could report to one member of the CID Board and that member could update the Board?

Mr. Colletta responded it would be better to have one member of your Board join the committee. That is fine.

Mr. Cox stated we are trying to nail down what size property we need to put the station on. There are also some design issues regarding what roads the station needs to access, so we can access the peremptory roads. Who would I contact to get that information?

Mr. Colletta responded I assume you would be able to contact our County facility manager to get a good idea of where that is and also Chief Wilson would help. A lot of this could be handled with a committee to move it forward. We may not actually need an attorney.

Mr. Cox stated I am thinking about negotiations with the property owner right now. I need an understanding of your requirements so I can effectively deal with them. The Sunshine law states that if you appoint a committee with any decision-making authority, they become subject to the Sunshine laws, even for recommendations made to you. Having the committee to report the facts back to you is good, but they cannot make recommendations. The Board must determine the course of action available and make the decision.

Mr. Colletta stated I assume that a fact finding committee will bring back all the options to the Board to make those decisions.

Mr. Cox stated that would be wonderful. I concur a hundred percent. They can attend the meetings with the County Commissioner and report back to the Board.

Mr. Colletta stated I would be glad to set up the initial meeting within the County so people from the County, and this committee, get to know everyone. I will step out of the picture and render any assistance needed after that.

Mr. Ziko stated we may have our hands on a piece of property. We need to keep this moving?

Mr. Wilson responded the committee could work with the County Commissioner and I am sure our planning people would look at that as well and work with this developer as far as zoning and approval and whether there is space for a fire station. Our planning and land use folks could work with the developer on these issues. You need to look at your options and convey those to the County Commissioner or our planning staff.

Mr. Lambert asked is a formal petition required or just the committee?

Mr. Wilson responded I am not sure a formal petition is required. There is a process for communities to form a municipal services taxing unit to fund whatever you want. A committee is probably enough to push this Board to study it and determine your needs and the availability of land to put it on.

Mr. Ziko stated there is concern about the millage rates for the Ochopee District and the East Naples District. I believe they are double for Ochopee. There were questions as to what it would take to petition the other District.

Mr. Colletta responded you could go through the process, but I feel the resistance would be very strong. The idea is to try to get everybody to merge at the same time. To separate you from the rest of the District would cause unbearable economic hardship on everyone else. Regrettably, this Fire District has responsibility that far exceeds this area in Everglade City. You have tremendous wildlands that they are supposed to be responsible for. I hope eventually we get to the point that all the Fire District in Collier County are one and will recognize one millage that will cover them all and five commissioners will run the whole show.

With the exception of the Golden Gate Fire Department, there is pretty much acceptance to it. We will merge some and phase some out and eventually they will share the same facilities. There is a lot of repetition going on. You are in an isolated area. If there were to be an incorporation and you were taken into another District, we would force that District to also take on the responsibilities of the outlying areas too in fairness to everyone.

Mr. Ziko asked are you saying we, are you saying the County Board?

Mr. Colletta responded the County Commission. Our responsibility is for the general health, safety and welfare of Collier County as a whole.

Mr. Ziko asked if every one of us signed a petition that we wanted to go to another District, does the County Commission still have the authority of whether that would be granted?

Mr. Colletta responded I do not really know the answer to that.

Mr. Wilson stated the East Naples Fire District is an independent District, which was formed by special act of legislature so any changes in their boundaries or jurisdiction would have to come from Tallahassee. It is not as simple as going through the County Commission and switching from one to another. East Naples is a completely separate entity. It would take a special act of Florida Legislature.

Mr. Ziko stated East Naples was talking to Ochopee about merging together. Does that have to go to Tallahassee?

Mr. Wilson responded I am sure it will.

Mr. Colletta stated there would be cooperation from all Districts and all forms of government to do it. Most likely it would be one of those things that would move right through, as it would benefit everyone.

Mr. Bissell asked does the County subsidize Ochopee?

Mr. Colletta responded yes, sir.

Mr. Bissell stated it would be whatever Port of the Islands does not give. The valuation is more than Everglade City and beyond. Our set valuation is about double. If we went in as an independent District, it might be cheaper than merging if we have to stay with Ochopee.

Mr. Colletta stated yes, but it is not as easy as it sounds. We are looking for the general welfare of the whole of the County.

Mr. Bissell stated they have made no effort to get in here. We have to make the efforts ourselves. They spent money on a boat, to get to an island for a few buildings, but have no money to buy property for a fire station.

Mr. Colletta stated when new communities come up; they dedicate land to the fire stations and other services to take place. Very rarely do you find them actually buying these lands. In some of the urban area of Collier County they have been forced to buy land, but most places where you have new developments like Heritage Bay and Ave Maria, they already have the land dedicated for the future fire departments. They also have an unbelievable urban density there to cover the cost of it.

You live in a rural area with a lot of land between you and the next population, so your cost is heavier. I am not sure if East Naples would be receptive to taking on one little part of the picture. I know Collier County will take on the whole District.

Mr. Bissell stated several people have asked me what became of that problem of the Ochopee District having a special checking account that was in the paper?

Mr. Colletta responded we have one of the principals here who can answer that.

Mr. Wilson responded that account started in 1983 and was run by volunteers for many years. The judge dismissed the case without prejudice. The case has been refiled and we are in the midst of seeing where it goes from there.

Mr. Bissell asked is that public money?

Mr. Wilson responded that was private donations. The volunteers did things to earn money to help buy the equipment. Two of the trucks and other things were purchased with money that they raised.

Mr. Ziko stated in defense of Ochopee, this summer when the hurricanes came, they brought a fire truck and an ambulance to the hotel.

Mr. Wilson stated that is correct.

Mr. Ziko stated they did have some equipment here. I think the first hurricane was the most threatening.

Mr. Wilson stated it is part of our master plan to place equipment here.

Mr. Lambert asked in case of a fire, how long does it take you to get here from Ochopee?

Mr. Wilson responded it is about fourteen minutes to get here.

Mr. Ziko stated I want to make sure the Board Members have all the information they need to move forward and possibly take a little time for audience questions.

Mr. Colletta stated I am here for as long as you need me.

Ms. Dillon asked say we have a committee of five people; is there a lot of benefit to starting that process now?

Mr. Colletta responded absolutely.

Ms. Dillon stated our first priority is to find out where all the pitfalls are and what has to be done in order to put a fire station here.

Mr. Colletta stated we would set the priorities for the committee and give them direction. If we wait every year to discuss the issues and do not move on this, next year we will be having the same discussion again. My background is more of a civic activist, than a politician. I believe in organizing these committees. They might not directly make something happen, but they are making everybody think about this by asking for numbers and reports and doing the research to keep things moving and come to resolution much faster than leaving it to the governmental authorities.

Ms. Dillon asked how do we set up meetings with the County Commissioner?

Mr. Colletta responded my office will set up the first meeting, make the introductions and validate recognition of the Commission's interest. I will facilitate all the introductions. They will start to compile their information.

They can come to me if they reach an obstacle, maybe a report from staff or bring something directly to the Commission. I will help in any way possible, but hopefully, those committee members would be here for the most part. I do not think in July and August, but the rest of the time, it is pretty regular. We meet four times a year. For the first couple of months, I suggest they meet twice a month to establish their footing and direction.

After that, they can probably go once a month. I would also have a representative at the advisory meetings that the Ochopee Fire Department has. Does anyone from this community serve in that role?

Ms. Dillon responded we have a woman who works here that is on that Ochopee Fire District Board and no one hears anything from her as to what is going on there. What is the purpose of the Board? Should she be disseminating information at least to the CID?

Mr. Wilson responded she generally represents your development area and should be disseminating information to you folks.

Mr. Colletta stated we had a year before we got this subject going with the government again. All we have to do is make her one of the committee members. She has some historical information that could be valuable. Who wants to sit down and read two years worth of meeting minutes? If you get her involved in the process, maybe we could have a monthly update and have her give us a report. We could do that by e-mail or however else you do it. I will help you in any way I can.

Ms. Dillon asked exactly what does the Ochopee Fire Board do?

Mr. Wilson responded by ordinance it is their main function to report on the state of affairs of the District to the Board of County Commissioners.

Ms. Dillon asked what kinds of issue do you discuss?

Mr. Wilson responded the monthly stuff is budget issues. We may have shortfalls. We have none to date. I bring on board future issues like grant monies or equipment and truck replacement and such. We discuss the issues of trying to get down here into the Port of the Islands. Fire Districts do not usually buy the property. That is usually acquired by the developer. When signing off on STP project, it becomes critical to make sure that if it is going to impact the community they are going to help pay for it.

Mr. Ziko asked when are your Board meetings held and are they open to the public?

Mr. Wilson responded they are always open to the public and are held on the second Tuesday of the month at 7:00 p.m.

Mr. Ziko asked why not every third Board meeting, have it held right here?

Mr. Wilson responded that works for me.

Mr. Ziko stated we need to get people involved or we will never go any place.

Ms. Dillon asked where are they held?

Mr. Wilson responded at the station right there.

Mr. Ziko stated we are obviously concerned about getting our hands on a piece of property. Have you seen the sigh plan for Orchid Cove?

Mr. Wilson responded I have not.

Mr. Ziko stated I know it is the first round of review. Did you see anything on that for the fire station's review?

Mr. Wilson responded it has been rejected so far

Mr. Benson stated there is nothing that is identified as a fire station. There is a piece of open property that is open that is not identified as anything.

Mr. Ziko asked are they still coming to the County Commission for the PUD?

Mr. Benson responded no, they have a PUD. They are up for an STP.

Mr. Wilson stated okay, when they come for that, what is in the public's best interest, I would put right up front. If there is a public need, that public need must be fulfilled. At that point, the committee needs to assist me with some idea of how this whole thing comes together.

Ms. Dillon asked can you give us anything new on negotiations with Mr. Barnard and where that stands in terms of the property?

Mr. Cox responded there is a bigger issue right now of the motion the trustee of bankruptcy filed on related matters. That has not been resolved to where we can move forward.

Mr. Ziko asked do you have an estimate on when that would be able to move forward?

Mr. Cox responded no, the good thing is that it is in the courtroom where the judge keeps things moving rather quickly, from our experience. It should be resolved fairly quickly.

Mr. Lambert stated is there a piece of property that could be cut out for a fire station, feasibly? The last time I looked at it that retention pond seemed to take up where we would like to put the fire station and they could move it north before that is signed off.

Mr. Benson responded in my report I will cover my review for the utilities. That is our responsibility as part of the STP review. The County defers to us for utilities because we are the utility out here. One of the things in the draft letter I compiled, which I will review later, it does ask some questions regarding the context of where the water lines are. We ask some questions about the possibilities and I know Mr. Cox is working with them. The problem is the property is tied up in bankruptcy court right now.

We are asking as part of our review about those two pieces of property and could they potentially move the retention area to free up a bit more of the property that is not being used. That is something that is part of our review. We do not review it for the Fire District. They have to review that part of the STP.

Mr. Lambert stated the Fire District possibly has a canned plan for the fire station. We could get something on the dimensions needed and place it on the plan.

Mr. Benson stated we need something from the facilities people at the County or the Fire District that says we need so many square feet and the dimensions to make it work.

Mr. Wilson stated an acre and a half or so is about the average for a two-bay type station.

Ms. Dillon stated assuming we get this property, what is the likelihood of the funding for that? Where is the money going to come from?

Mr. Wilson responded we have a certain amount of impact fees. It comes down to what the station is going to cost, the planning review Board's recommendations and what they will or will not allow.

Ms. Dillon stated concern has been growing at the Port that we are the cash cow for the Fire District.

Mr. Wilson stated we will be glad to pull those numbers for you. Last year you were just under fifty percent.

Mr. Bissell asked would it be better to start checking into and maybe help push this along with the two Districts combining? If the two Districts combine, they would take care of the funding.

Mr. Colletta responded I cannot answer that for you, but you want to leave all options open and research the possibilities.

Mr. Bissell asked how do you stand on it, as a Commissioner? Would you support the combining?

Mr. Colletta responded yes, I am all for bringing the Districts together. Less Fire Districts mean better business for government and less cost for the citizens.

Mr. Wilson stated we are also for the merger.

Mr. Bissell asked what is holding it up? East Naples said they would love to have us.

Mr. Wilson stated the millage rates have to be equal. That loss on their part is not what they are willing to accept at this moment.

Mr. Bissell stated they said if we combine, we would still be paying a greater amount than East Naples for a while and then it evens out.

Mr. Wilson stated that is correct. This started with a five-year window and then a ten-year window and at the last merger meeting in January it was indefinite.

Mr. Colletta stated that is something your committee could have a lot of input in. It takes certain people to push these things. With the lack of public interest, these things move to the back burner. If you show some interest, it could move forward again.

Mr. Bissell stated our insurance rates are high. We could be taking several hundred dollars per home.

Mr. Colletta stated you would realize a savings, undoubtedly.

Mr. Wilson stated whichever happens, your insurance rates go down immediately. As soon as we give you a letter, the insurance companies should show you an immediate savings.

Mr. Colletta stated the merger would not make any difference in response time unless you had a fire station here. Your first objective is to get a fire station here. We are trying to bring the merger together to drop the millage rates.

Mr. Bissell stated I checked the mileage from Everglade City to the hotel and from the hotel to East Naples across from that mall. It is exactly to the tenth of a mile, the same distance. When there was an accident here, it was East Naples that came out and serviced that, not Ochopee.

Mr. Wilson stated that is not correct. I was the first one on the scene.

A resident stated I recognized Chief Wilson there.

Mr. Bissell stated I had a gentleman with me who saw the accident.

Mr. Wilson stated I was on the scene in eight minutes.

Mr. Colletta stated we will let the audience ask some questions.

Mr. Mulbrick stated there are questions about what type of property needs to be donated and the road situation. We have the engineer here with plans for Orchard Cove and the Chief here. If these two gentlemen walk across the street and look at the property that you are thinking of obtaining for the fire station, we might get a lot of answers.

Ms. Marchand asked would we be politically or otherwise in competition with another area to receive a fire station? I am sure there is a maximum number that can be built in a particular area. Is there some other area in competition with us that maybe we go through this process, have the land, demonstrate the need and it still does not happen?

Mr. Wilson responded under Florida Law they really cannot cross Districts unless we sign mutual agreements with them. Nobody is going to take, for instance, Golden Gate's money and build it in Ochopee's District.

Mr. Mack stated if other pieces of property were available, say an acre-and-a-half, is there a price involved, is there any help from Collier County as far as purchasing that?

Mr. Colletta responded there is a limited amount of impact fees available and they would rather spend it on the physical structure than buying the land. It would move things through a lot faster if the land were donated. If anyone has come to us for PUD, they will not get it unless they donate the land. That is a priority.

Mr. Mack asked is there any kind of a tax break for this person on adjoining property?

Mr. Colletta responded there is usually an incentive. It is negotiation. If you want something from the County government, you give something back in place of it. What is the great public good? You cannot just enrich one person in a development.

What are they going to do to offset the impact other than paying impact fees? What right-of-way are they going to donate? I have it all from land, from government centers, to the right-of-ways for roads to a sixty-acre lake on Orange Street. There is an area there that, if you are familiar, would be very effective in that direction too.

Ms. Kane asked in reference to having a fire station here, are we speaking of one fire truck and one ambulance?

Mr. Wilson responded our intent is to put a fire truck here. If EMS wants to put a truck here, we are willing to accommodate them as well.

Ms. Caine stated we are working on obtaining a defibrillator. We really do not have a place to keep one. A fire station would be the perfect place.

Mr. Wilson stated we carry one on our fire apparatus already. It is not necessary and all personnel are trained for it.

Mr. Colletta stated there is quite a bit of crosstraining, so even if you have just the fire truck right now or the facilities for the fire truck, you would have people who would take care of everything straight through and their people could be transported by ambulance. They do a wonderful job.

A resident stated when you talk about the fire station and the Fire District and all that the interest of the general population, how much of that is directed toward the fire truck and hoses and how much toward the EMT side of it? We had a discussion earlier this week about the defibrillator. Would it be rational to consider the cost to Port of the Islands for an EMT type thing without the fire hoses?

The building will survive. What is our key interest? Fourteen minutes does not work into the four-minute limit for having a defibrillator on site. To date, you do not need a certified EMT to have one of those available.

Mr. Wilson stated the four to six minute window is correct. AED's have been brought into place so that EMT's can all use the equipment with the correct training. $2,400 or $2,500 is about the right cost for defibrillators and I believe a program has recently come out where doctors can write prescriptions to individuals and they can take a course and keep a defibrillator in their house.

Mr. Ziko asked is there a possibility that you could have an ambulance crew without a fire truck?

Mr. Wilson responded I cannot speak for EMS. They have their own growth management and where they place vehicles or not. We are separate entities.

Mr. Ziko asked does the County run the EMS program?

Mr. Colletta responded yes, the County has jurisdiction of the EMS and this Fire Department too.

Mr. Ziko stated my personal choice is to have a fire truck and a fire station. These people can stabilize just about anything until the ambulance gets there. You have the best of both worlds, rather than just going for EMS. I do not know the requirements for an EMS station itself.

Mr. Wilson stated the pros and cons, with the fire truck, you are getting trained EMT's AED's and fire hoses and you are getting your insurance lowered. If an EMS is placed here only, we still pay your high insurance rates and still have the high ISO rating. It would be a little bit higher, but the critical intervention is that first shot. The personnel manning the fire truck have a defibrillator and they know how to use it, so it is not critical they have an EMT there.

A resident stated as an update on the defibrillator situation, legislation has been passed that you do not need the doctor's prescription. You only need to call Phillip's Corporation and get certified for this and order your unit. Some months ago, you needed a prescription at a cost of $1,500.

Ms. Dillon stated a prior Board member has offered to buy a defibrillator. We were going to put one here in the hotel, which is a 24/7 operation. Because the hotel is in the throws of being sold and there are liability issues, you cannot do that. There is no place in the Port where we can put a central one. We can put it in someone's house, but that is a real burden in terms of them being home when it is needed.

We have been waiting for the hotel to be straightened, one gentleman has offered to buy it and another person has offered to put it in his garage, but that probably would not work either.

A resident stated the four-minute limit is the key number. If you do not get that shock within the first four minutes, it is a downhill trip from there. Having one in the hotel, like having one at the airport does not answer that time period. You would have to go from wherever you are to get it back. You need someone at the other end of the telephone 24/7 so he can make that call as opposed to a 911 call if you are dealing with this yourself.

. You have to make the phone call there and have the person there in four or five minutes, otherwise forget it.

A resident stated as real estate escalates and our taxes go up with steady inflation, it appears to me that the County should experience a windfall in terms of income. How is that money being spent? Is there any way to tap into it for emergency?

Mr. Colletta responded I can account for every dollar. If you would like to come to my office, I can show you. The windfall you are talking about is mostly the burden of non-residents who do not take out the Homestead exemption. Regular residents increase three to five percent a year, but people that are outside of that who have commercial properties are paying for it too. There is a windfall, but the cost of doing government increases every year too.

A resident stated it is not nearly at that rate.

Mr. Colletta stated I can show you the numbers. This is a common misconception. We can do it, but we have to cut parks and libraries to free more money up. Every dollar is accounted for and Collier County has one of the highest bond ratings in the United States because of the way it manages its money. You have a typical misconception that there are unlimited funds and all we have to say is yes, send it here. It is not like that. Everything here is dedicated for a certain direction.

Fire protection has to be generated within your own millage. You cannot take it from something else and apply it here. There are a bunch of things set aside, like the school Districts, that are a special assessment just for the school. If they fall short, they cannot take money from the general fund to finance the school. It is their responsibility to cover their end.

You have the lowest rate in Florida because somebody bought and built here recently. You have the highest impact fees, which help to finance the fire department and to pay for the equipment. Collier County does a wonderful job of managing your money.

Mr. Kramer stated this is money that is well spent. I would like your comments on inequity between residents and non-residents. It seems to me that the non-residents are escalating their taxes so quickly, Florida residents are never going to be able to buy those properties in the future because the taxes are too high. Does tax ever come down?

Mr. Colletta responded it does not matter whether you are a resident or a non-resident. There is a tax base they have to pay. If you sold your house and move some place else, you start over at the new tax base and then freeze it again. I have lived in the same house for twenty years. I am never leaving. Our taxes would almost triple. There have been Supreme Court issues on this. It is all over the County.

The residents are the voting people who control who is in office and how the dollars are spent and how it is all put together. My advice is if you live some other place, claim this as your dominancy and freeze your tax rate and be protected like voting residents. That is just the way it is.

Mr. Warden stated this is new to me. I have been trying to acquire the RV Park and it is coming to a head. I propose to put an upscale airpark there with a gated community. I have a letter from zoning and planning that includes a fire truck with a defibrillator. You would have a place for ambulances that can be made available to both sides of the road. Keep that in mind before you begin talking about fire stations.

That gets the same break on insurance premiums for the whole community, both sides.

Mr. Ziko asked when you say an airpark, is this a runway or an airport?

Mr. Warden responded a runway.

Mr. Ziko asked how long would the runway be?

Mr. Warden responded not quite 4,000 feet.

Mr. Ziko asked it would be north/south?

Mr. Warden responded yes.

Mr. Ziko stated that means the pattern would go right over Port of the Islands.

Mr. Warden stated no, you can shoot it all left hand patterns, which is the standard for airports, without coming on this side.

Ms. Dillon asked is this one of those parks where you build houses with places for parking your own airplane?

Mr. Warden responded yes, that is another thing. There can also be multiple hurricane shelters in that it would be concrete block hangers, all reinforced, with the homes of top of them, which some of the counties require. They want them to be above the surge of ten feet. I am into this five years and two months, following Chapter 11 and the State Courts and tax deed sales and foreclosures. I am still fighting it.

Ms. Dillon asked have you spoken with Mr. Cox about this?

Mr. Warden responded yes, many times.

Ms. Dillon stated okay.

Ms. McKay asked is the cost included in the County budget for the maintenance and installation of new landscaping?

What is the possibility that this strip that does not get many services from the County, could have landscaping and look nice like the rest of Collier County.

Mr. Colletta responded we recently came up with a master plan for landscaping. In the past, we wanted to come up with a taxing District for landscaping. They wanted to have it for the urban area, but everybody paid for it, the argument being to improve the rural area. I came up with a plan now that has been expanded out to the rural areas where appropriate.

I could not think of anything more appropriate than what you are talking about. There are several different degrees. There is a master plan with some plantings that are easy to maintain. Some communities opt for something a bit more elaborate. They pay for the difference.

That is an excellent project for a couple of people to pursue. I would be more than happy to set up a meeting to help put together a master plan to enhance your community.

Ms. Dillon stated it really needs some enhancement on the street level.

Mr. Colletta stated Route 41 is a barren stretch of roads with nothing in the middle. Once you get to Port of the Islands, that opens up and you have the potential for some beautiful medians. If you wanted to pursue this, I am happy to set you up with the right people. If you want to do this with a different committee, that is fine too.

A resident stated I would like to see what the CID Board has to say. I have one more question. In the north end of Collier County is the dog park. That is a long ways away and I believe we all pay for that dog park.

Mr. Colletta stated yes, you do.

A resident stated it would be nice for this community and East Naples to provide that upscale atmosphere like North Naples. Collier County, being the most expensive County in the State, I would like to take it up a notch here.

Mr. Colletta stated this is another issue that is driven by citizen initiative. It is an excellent idea. We have water parks, State Parks, basketball courts, fields and all that.

A resident asked do we have land available for a dog park?

A resident stated as an insurance issue, you do not wants pets just running around.

A resident stated no; these would be fenced in areas. They are maintained and have a water supply for the dogs and grass.

A resident stated in response to your last question, yes, I will reconsider.

A resident asked who do we contact to have part of our canal dredged?

Mr. Colletta responded contact my office and we will try to figure out who it is. It might be somebody from the State. We can pursue that.

Mr. Case asked are you responsible for the lighting coming into the Port. It is dark there. We had a lot of lighting out front so you would not miss the entrance. Now when you drive in all you see is construction material and one little light and a tiny sign.

Mr. Colletta stated you have to set up a special taxing District for lights to go in. They generally try to incorporate lighting with two islands.

FIFTH OR DER OF BUSINESS Staff Reports

A. Attorney

Mr. Cox stated I have a manual of the Sunshine Laws. It is in an excellent question and answer format that I wanted to pass on to you to help you get a better understanding about e-mail contact and written communications.

Mr. Cox gave a brief status report to the Board regarding the foreclosure.

Mr. Adams stated Mr. Gatti asked you to look into Orchid Cove and the roads there. What are some of our options to cover ourselves for damage to that road and making sure that road is put back?

Mr. Cox responded we have told them our expectations as far as utilities installation and so forth. You have regular traffic, construction traffic and ordinary wear and tear of the roads. This will be contemplated and approved eventually at the end of this project. It is in their best interest to work with the District.

Mr. Bissell asked has there been any more interest in the acquisition of the RV Park and the hotel?

Mr. Cox responded there are several people who have expressed an interest. We cannot sell the RV Park until it is foreclosed on. There are the folks who are doing Orchid Cove and a community interest, I believe, asking for information. It is moving along.

B. Engineer

Mr. Benson stated I am passing out a draft letter. Last month I gave a report on the site development plan on Orchid Cove. The CID has the review responsibility for the utilities. The County will provide our comments when they do the SDP overall evaluation. Mr. Cox and I collaborated on this letter.

Mr. Lambert asked could you possibly e-mail us on something like this in the future?

Mr. Ziko stated it is not fair to the Board to try to read three pages and digest it.

Mr. Benson responded I apologize, but we just finished it yesterday.

Mr. Cox stated I was in meetings all day and was not available until 8:00 p.m.

Ms. Dillon asked could we perhaps put it on next month's agenda while we try to digest it?

Mr. Benson asked do you have an idea of the timeliness of some of the other issues they are facing?

Mr. Cox responded I do not know. I am not really sure if the land development code gives us any obligation to respond within a certain period of time. I know until we give them the information they need they cannot move forward.

Mr. Lambert asked did you say this process could not move forward for at least two months because of bankruptcy anyway?

Mr. Cox responded I do not know that they have developed a process in land development review. We cannot mobilize any agreement until they are out of the bankruptcy.

Mr. Ziko asked can they get a site development review approved before they are out of the bankruptcy?

Mr. Cox responded I do not know Collier County's position on that.

Mr. Benson stated last month I gave a report of my concerns and the Board reiterated the same concerns. They asked me to include my comments back. I have put these in writing and again, I apologize that I finished this only yesterday. I understand that you need time to review this, but I will quickly review the numbered items with you.

First, they only have 117 utility ERC's, which is enough for 146 multi-family units. They want to build 160. The Board instructed me to tell the engineer for the developer that you will not approve anything or sign off on any permit applications until they resolve that issue.

The second item relates to the relocation of the water main that is over 25 years old in order for them to best use their property. That will be at their cost and we are receiving the benefit of a new water line. I have clarified which side of the road we want the water line to be on. I have also asked them to run the line along the east side of the road all the way from the southern property to their northern boundary, which frees up that northeast corner potential fire station property. That is one property that has potential for the fire station.

I have also asked them about the southeast corner of the property where they are now showing the retention area, suggesting maybe they can move the retention area to the northeast parcel and free up the southeast parcel. Those are things you had asked me about last month.

The next paragraph reiterates that we expect the fire and irrigation lines within their development will be their private system. They will have a master meter and be responsible for it on their side of the meter throughout their development. We only provide them bulk service.

We remind them that it is a reuse line and they need to put in the appropriate type of pipe and things that are required for that under the state law. The next paragraph addresses the potable water system. On their plans they suggested the water system would become the responsibility of the Port of the Islands CID. If that is going to be considered, they have to build a system subject to our standards which are the same as the County's. That has to be inspected to those standards, then you would need maintenance easements for those lines.

If you compare this development to Stella Maris, after Stella Maris was built, you took over the water lines in Stella Maris up to the meter. If you accept that in the same way, we need to clarify this issue. If they do not want to do it that way, then they basically have to set it up with a backflow preventer at the point of connection which says it is a private system the homeowners are responsible for.

The backflow preventer protects the community at that point. Otherwise, they would need to put a backflow preventer at every house. They have to do it one way or the other.

When they relocate the water main, they need to show how they are going to do it so we can approve their proposal.

Six is the sanitary/sewer system, which they propose becomes the responsibility of the CID. We are saying it has to be built and inspected before we would ever accept it. At that point, we need easements to perform maintenance. At that point we would potentially accept it. The sewer pump station they need to put an easement around that and also for the force main connecting that pump station to the CID's community force main, so we can take over the maintenance. This is assuming it is built to standards and we accept it.

Seven, reiterates the general statement that anywhere they are putting in water/sewer or irrigation and fire lines, what they intend for the CID to maintain, they have to provide easements.

Eight relates to our request as to how they propose to make the connection from Orchid Cove Lane to Union Road and how they propose to modify the median and any landscaping in our area. They need to propose that for us to review.

Nine, we are telling them anywhere they cross Union Road with varied utilities they must do it with jack and bore or directional drilling or another approved technique that does not disturb the pavement.

Paragraph ten says that prior to them making any connections to your utilities they coordinate with your field director.

Paragraph 11 requests they propose some means of assurance if there is any damage to construction to Union Road or any other CID property that might be out there, they will take care of it without cost to the CID. We are asking them to provide a proposal of how they can provide assurance. The last statement in the letter basically says you have directed me not to approve anything until they resolve these issues to your satisfaction.

Mr. Bissell stated if they want to dedicate these water/sewer lines et cetera to our specifications, when you work on that, you will be billing them for this?

Mr. Benson responded my responsibility is as engineer for the District. I reviewed it on your behalf. I send the bill to you because I am reviewing it on your behalf. You have a mechanism to then charge them. That is the CID's responsibility as to whatever rules you have of how you would then bill them. I cannot bill them directly.

Mr. Bissell stated well, the work that you do for us on their project; it would be up to us to bill them after you bill us.

Mr. Benson stated whatever rules and policies you have for whatever is allowed, I am not sure how you would go about billing them. You have connection charges. You charge all the property owners standby fees.

Mr. Ziko asked you have the master plan in this, right?

Mr. Benson responded yes.

Mr. Ziko asked is that a gated community? Are they going to have a gatehouse there?

Mr. Benson responded I do not believe there is one shown. I do not see a gate. I am not sure whether there would be. That is a very short connection.

Ms. Dillon stated the CID has hired an engineering firm to take care of these things for us and that is what the CID expects.

Mr. Bissell stated the way the letter is written, we can either say, you take care of your own water and sewer lines or we will take care of them. If we say that we will take care of them, we should be billing them for the work that is being done. Otherwise, say no, you take care of it. From the meter on is your responsibility and then there is no cost to us.

Mr. Ziko asked is there any place out here where it is not taken care of by the CID?

Mr. Benson stated as an example, Stella Maris, in front of each unit, there is a water meter. The CID took over the water line up to the water meter so that water line in that street is now the CID's. The developer built it. Some of the condominium sections where basically the condominiums are attached more by a common parking lot, driveways and things, it is not as much a road.

They have the utilities running back and forth under the pavement and things like that. Those are their responsibility. As far as I know they never took over those water/sewer lines and never asked us to, to my knowledge. The Homeowner's Association is responsible for those. In the single-family homes, the water and sewer lines, right up to the meter you are responsible for.

You could make a choice to some extent. Mr. Cox will have to clarify that. I assumed what they asked for, you would accept, because you have in some cases. We are just clarifying they have to offer it to us in the proper way. We have that right to inspect it to make sure it is built to the drawings. They have drawn it to the construction plans to Collier County standards. We have accepted by default and I have reviewed these on your behalf to be sure they are to Collier County standards.

Mr. Lambert stated it seems that we have set some sort of precedent for the condominiums to maintain their own water