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BCC Minutes 05/21/1996 R REGULAR MEETING OF HAY 21, 1996, OF THE BOARD OF COUNTY COHMISSIONERS LET IT BE REHEHBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRPERSON: John C. Norris Timothy J. Constantine Bettye J. Matthews Timothy L. Hancock Pamela S. Hac'Kie ALSO PRESENT: W. Neil Dorrill, County Manager David Weigel, County Attorney Item #3 AGENDA AND CONSENT AGENDA - APPROVED AND/OR ADOPTED WITH CHANGES CHAIRMAN NORRIS: Mr. Dorrill, as soon as Charlie finishes here, could you lead us in an invocation and pledge to the flag? MR. DORRILL: Heavenly Father, we gives thanks and great honor to you this morning for your wonder and your power and your grace. We give thanks as always for the people of Collier County and the many aspects of this community that they represent. Father, it's our special prayer this morning that you would bless this county commission as it makes important business decisions that effect Collier County and its people and that their vote, action, and direction today would be a reflection of your will for this community. Finally, we give thanks for our hard working support and dedicated employees and the many citizens who come and chose to participate in government. We ask that you bless us all. We pray these things in your son's holy name. Amen. (The Pledge of Allegiance was recited in unison.) CHAIRMAN NORRIS: I see we have a couple of changes to the agenda. MR. DORRILL: Yes sir, very few. Good morning. I have one add-on item at the request of the clerk's office, and it will be ll(B) under other constitutional officers. It is an update to the board regarding the second opinion concerning the arbitrage calculations, ll(B). I have two agenda notes this morning. It is requested that item 10(E) under the Board of County Commissioners pertaining to the interview and selection of members to the Collier County Utility Regulation Authority be heard as close to 11 a.m. as possible. And I have a another note that Item 9(B) under the County Attorney's Report has a title change. David, I don't have that title change unless you do. MR. WEIGEL: I don't have the title change with me. There's a slight title change, just for the record, to reflect that the agreement has a slightly different name than the title that's in there. COHMISSIONER CONSTANTINE: On the 11 a.m. item, I assume that it's 11 a.m. or at the end of the agenda, whichever comes first. CHAIRMAN NORRIS: No sooner than. MR. DORRILL: That's all that I have, Mr. Chairman. CHAIRMAN NORRIS: Okay. Mr. Weigel, anything? MR. WEIGEL: One note, that is agenda item 16(E)(2), which is he dissolution of task force. We would ask that the resolution number be reserved for that item and prepare the appropriate resolution. CHAIRMAN NORRIS: Commissioner Matthews, any changes? COHMISSIONER MATTHEWS: Yes, I have two. There are two items on the consent agenda dealing with the artificial reef. I'd like to move those to the regular agenda. Items 16(B)(5) and (6). CHAIRMAN NORRIS: 16 which? COHMISSIONER MATTHEWS: 16(A) (5) and (6). HR. DORRILL: And they will become 16(A)(2) and (3). I believe Hs. Hatthews said items 16(A)(5) and (6) should become items 8(A) (2) and (3). CHAIRMAN NORRIS: Commissioner Hancock, anything else? COMHISSIONER HANCOCK: No, sir. CHAIRMAN NORRIS: Commissioner Mac'Kie? COMHISSIONER MAC'KIE: No, thank you. CHAIRMAN NORRIS: Commissioner Constantine? COMMISSIONER CONSTANTINE: Under BCC communications I have something about our budget workshops but nothing else. CHAIRMAN NORRIS: Okay. Then we need a motion. COMMISSIONER CONSTANTINE: Mr. Chairman, motion to approve the agenda and consent agenda as amended. COMHISSIONER HANCOCK: Second. CHAIRMAN NORRIS: We have a motion and a second. All those in favor, signify by saying aye. Those opposed? There are none. Item #5A1 PROCLAMATION DESIGNATING HAY 26, 1996 AS SWAMP BUGGY HERITAGE DAY - ADOPTED We have no minutes to approve today, so we'll go straight to proclamations. Is Gene Vicaro here today? Gene, you are here. Will you come up and face the camera here. We have a little proclamation for you today. MR. VICARO: Good morning. CHAIRMAN NORRIS: Good morning. Turn the other way. Turn the other cheek there. Whereas, the world-famous swamp buggy races originated in Collier County in 1949 and has continued to be one of Collier County and America's truly unique motor sports; and Whereas, as Collier County continues to grow, the swamp buggy races contributes annually to the community's economic impact; and Whereas, the swamp buggy facings popularity and public awareness is further expanded by the support of the millions of fans worldwide who view this phenomenon on national television; and Whereas, the heritage, culture, and legacy perpetuated by this colorful tradition had contributed greatly to the character of the community we call Collier County; and Whereas, we continue to recognize and honor those individuals whose contributions were critical to the popularity and evolution of this tradition. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the 26th of HAy, 1996 be designated as Swamp Buggy Heritage Day. Done and ordered this 21st day of HAy, 1996 by the Board of County Commissioners of Collier County, Florida. And I would like to make a motion that we accept this proclamation. COHMISSIONER CONSTANTINE: Second. CHAIRMAN NORRIS: We have a motion and a second for acceptance. All those in favor, signify by saying aye. Opposed? There are none. Gene, congratulations. (Applause) Service awards, Commissioner Hancock. COHMISSIONER HANCOCK: Yes. I have two service awards today. The first -- CHAIRMAN NORRIS: Excuse me. We skipped one item. I'm sorry. COHMISSIONER HANCOCK: Well, you know me, just do as I'm told. Item #5A2 PROCLAMATION DESIGNATING THE WEEK OF HAY 19 - 25, 1966, AS NATIONAL PUBLIC WORKS WEEK - ADOPTED CHAIRMAN NORRIS: Well, you're a good trooper. We did skip an item. Commissioner Constantine, I believe, has a proclamation. COHMISSIONER CONSTANTINE: We have National Public Works Week, and it reads to be accepted by Tom Conrecode. However, I suspect Tom has a few friends with him today. It reads as follows: "Whereas, public works services provided in our community are an integral part of our citizen's everyday lives; and Whereas, support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, storm water, waste water, streets, and highways, public buildings, parks, beach renourishment, and solid waste collection; and Whereas, the health, safety, and comfort of this community greatly depends upon these facilities and services; and Whereas, the quality and effectiveness of these facilities as well as their planning, design, and construction is vitally dependent upon the efforts and skills of public works officials; and Whereas, the efficiency of the qualified and dedicated personnel who staff the Collier County public works division is materially influenced by the people's attitude and understanding of the importance of the work they perform; and Whereas, it is fitting that we call upon all citizens and civic associations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which publics works officials make everyday to our health, safety, and comfort and quality of life. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of HAy 19 through 25, 1996, be designated as National Public Works Week. I'm having a heck of time saying that. Done and ordered this 21st day of HAy 1996, Board of County Commissioners, Collier County, Florida, John C. Norris, Chairman. Mr. Chairman, I'd like to make a motion we approve this proclamation. COMMISSIONER HAC'KIE: Second. CHAIRMAN NORRIS: We have a motion and a second. All those in favor, signify by saying aye. Opposed? Congratulations, Mr. Conrecode. COMMISSIONER CONSTANTINE: Are we going to meet the coffee-drinking alligator in the back? MR. CONRECODE: Thank you very much, Commissioners. For the record I'm Tom Conrecode, public works administrator, and we hope that you'll celebrate with us. This week is being set aside to really recognize the men and women of public works who make public works work. COMMISSIONER HAC'KIE: You think what you had to say was hard. MR. CONRECODE: With that in mind, I'd like to introduce some of the men and women who are proud of what they do and the service they provide to the community, and they'd like to make a little presentation to you, because you, too, are public works officials, and we would like to recognize you for that effort. In doing that I'm going to introduce a number of members of staff of the public works division, and they have some things to present to you. First of all, Steve Nagy and Randy McDonald from the waste water department. Following them, Curtis Cottight and Paul Faragher from storm water; Mary Havner and Batty Erickson from the water department; Russ Hueller and Virginia from transportation; Dick Trophe (phonetic), John Conti and Linda Graves (phonetic) from capital projects; and Blaine Upton from Solid Waste Department; and finally the man with the funny suit in the back, Carl Shay, also known as Freddy, from the water department. Thank you very much, Commissioners. Item #5B EMPLOYEE SERVICE AWARDS - PRESENTED CHAIRMAN NORRIS: As I was saying, Commissioner Hancock has the service awards. Thank you, gentlemen and ladies, for showing up today. We appreciate it and we appreciate all your good work. COHMISSIONER HANCOCK: Even though it's a little rainy, for those people that are here, there is a nice display of some of the public works equipment downstairs on this side of the building. So take your umbrella and take a look at some of the equipment and see how these men and ladies do their jobs. Thank you. Service awards, assuming there are no further interruptions. I have two this morning. First is ten years for in road and bridge, Antonio T. Damasco. Antonio. (Applause). Congratulations. And the second award today also for ten years from solid waste is David Russell. David. (Applause). Congratulations. CHAIRMAN NORRIS: That's it? COHMISSIONER HANCOCK: The others were unable to be here today. Item #SA1 PROPOSED INTERLOCAL AGREEMENT WITH COLLIER COUNTY SCHOOL BOARD TO COORDINATE PLANNING AND DEVELOPMENT REVIEW OF PUBLIC EDUCATIONAL AND NON-EDUCATIONAL FACILITIES - STAFF DIRECTED TO WORK WITH THE SCHOOL BOARD TO RESOLVE CERTAIN ITEMS AND BRING BACK ON A REGULAR AGENDA CHAIRMAN NORRIS: Oh. The next item is 8(A)(1), an interlocal agreement with Collier County School Board. MR. CAUTERO: Good morning, Mr. Chairman and Commissioners. For the record, Vince Cautero, community development and environmental services administrator. Several months ago the community development and environmental services staff, specifically the planning services department and myself were approach by representatives of the school board. We were approached by the school board members to work with them on a proposed interlocal agreement for the site development planning in review for public education and noneducational facilities. What I'd like to do is briefly go over the major tenets of this agreement and some of the issues that the staff has raised in our discussions with the school board staff and then open it up for questions, and perhaps some speakers may also provide input. Earlier today a sheet of paper was given to Ms. Filson to distribute to you which outlines the staff's concerns on major areas, and that's the sheet I'll be working off of in addition to the agreement you were provided with last Friday. The reason that there is no executive summary, Commission, is due to the fact that we have been working with the school board almost every other day on this issue, and the school board heard the agreement last Thursday evening, and what we wanted to do was bring it to you today and discuss it. The school board discussed the agreement last Thursday night in their regular session and agreed in concept with the agreement but instructed their staff to continue to work with ours. So there is no formally signed agreement by the school board, rather it is something that the school board has presented to you for consideration and the staffs are continuing to work on it. Let me also say at the outset that I will be making some references to Chapter 235 of the Florida Statutes which deals with coordination of planning efforts of the local government body by school boards and statements and interpretations that I make in accordance with that chapter, specifically Chapter 235.193 are all my interpretations from a planning and development standpoint, and legal interpretations would be referred to Mr. Weigel. But I will be making some assessments of 235 only from a planning standpoint. Chapter 235.193, subsection 7, provides the grounding for the agreement. It allows school boards the ability to work on interlocal agreements with local governing bodies to determine the site planning and development process. That is the main reason why the school board has approached us to work on such an agreement. If you turn to the sheet they gave you on the issues for discussion, Iwd like to go over them one at a time, and Iwll be as brief as possible so we can turn it over to you for questions. It is staffws intent that after the board listens to this presentation and hears some public comment, if it is forthcoming, that you wish to provide direction to staff on some of the issues so we can gauge your feelings on these issues. The first issue deals with the distinction between educational and noneducational facilities. This is found in paragraph 1 of the agreement. The reason I believe this is important is because it sets the tone for how we will review projects and what type of review will be conducted for projects. Item (1)(A) in the agreement talks about ancillary plants. This is considered a noneducational-type facility. Items B, C, and D are considered educational facilities. Theywre defined as educational plants, educational facilities, and auxiliary facilities. Again, this is important because the statute refers to educational facilities being consistent with what the government comp. plan for land development regulations. It is more or less silent in that particular section on noneducational facilities. Our intent is to join the two and come up with some type of agreement that this school board finds valuable in reviewing those projects. The second item deals with land use and zoning categories for permitted uses of this. Itws specifically found in Paragraph 3 and 9 of the proposed agreement. Paragraph 3 states that the county and school board would find all facilities educational as well as noneducational, and specific types of definitions are mentioned in this paragraph consistent in all land use categories of the comprehensive plan as well as zoning districts of the Collier County Land Development Code. Our comprehensive plan currently states that all schools are permitted in all land uses in the comprehensive plan, however, it only listed as permitted uses in certain zoning districts. In certain districts they are currently listed as conditional uses which of course would require public hearing by the body prior to the approval of the facility. The school board has proposed to conduct a public hearing rather than this body conducting a public hearing prior to the approval of such a facility. The main concern that your staff has in this regard is that the public hearing would be conducted similar to a public hearing you would conduct, and findings of fact would be made prior to the approval or disapproval of such a facility and also that impacts are mitigated prior to the construction of that facility, and I'll get into that in a few minutes. But I want the board to be fully aware of the fact that from a planning standpoint the Land Development Code states that these types of uses, educational, as well as noneducational, are listed as conditional uses in certain zoning districts, but the proposal you have before you, that's been forthcoming from the school board, is their intent for them to conduct the public hearing. Now unless Mr. Weigel instructs you differently, that would be permissible because, again, Subsection 7 of this part of the statute would allow you to enter into an agreement to do that if you should choose. COMMISSIONER CONSTANTINE: Vince, what's an example of the zoning districts which would require conditional use? MR. CAUTERO: I believe -- here's a good one. The residential single-family district 1 through 6 state that schools are conditional uses in accordance with the zoning code. COMMISSIONER CONSTANTINE: Thank you. MR. CAUTERO: Item number 3 on the list that I prepared for you correlates to subpara -- or paragraph 5, which deals with the public hearing, and those are the provisions that we have brought forward to the school board in our negotiations with them and they have brought back. Basically, our concern there is if you should choose this course of action and the school board is prepared to entertain that, that a public hearing would be conducted similar to a public hearing the county would conduct and that the advertising requirements would be similar. I don't believe that there would be any difficulty on the school board's part in terms of advertising those hearings. Item No. 4 I have listed as grandfather provision and that is at the end of Paragraph 5 under subsection B. The wording in this paragraph that has been forthcoming to you is different from what I believe the consensus of the school board was. I specifically remember at least one member of the school board discussing it at the meeting last week, and that deals with the waiver of this requirement of the public hearing for land that is under contract with the school board that would be purchased or leased within a 45-day period after the agreement is signed or becomes effective. The wording is in there currently in Paragraph 5 states that the county "may" waive that requirement. There was some interest on the school board's part. I believe it was the consensus -- I may stand to be corrected on that -- but the wording would be changed to "shall," and that's something that may come up in the discussions, but the staffs had agreed to negotiate language out that said "may." Item No. 5 is perhaps the most important item or most significant in this agreement. And That deals with impact mitigation and is covered in four paragraphs 6, 8, 10, and 11. And we have broken it down into three parts. Let me state that Chapter 235 states that educational facilities must be consistent with your local government comprehensive plan as well as implementing the land development regulations to the extent that they are not specifically covered under the state zoning code. We have worked with the school board staff, and we've had some very productive discussions with them as late as yesterday in looking at the documents that the school board must adhere to prior to the placement of a facility, and their code is very expansive. It is similar in nature to our own development code. It contains site development criteria as well as building code criteria. And I met yesterday with Mr. Cuyler and Mr. Davis, the staff architect for the school board, who was kind enough to provide us with the document, and what we did was read the pertinent parts of the document in regard to impact mitigation or site development in these standards. And we have listed some items for your review where we believe that more discussion is warranted and that we should discuss further the potential for mitigation for impacts. We have constantly discussed the difference, if there is one, between off-site and on-site impacts and believe that we're very close in our understanding of what the school board has to comply with in accordance with their codes. I believe the school board is acutely aware of what we would require in our development code, the mitigation of impacts. What I listed here are the three items of examples that we would be looking at that we believe need more discussion, and they include site landscaping, parking, and in general site development standards with particular emphasis on screening and buffering and setback requirements, again, an example of the type of things we were looking at. Our goal is not to be duplicative; it is to look at what the school board has to comply with under state law when the Land Development Code states and try to merge the two, if you will. We're confident that we can continue those discussions in a positive fashion and then make a recommendation to you when the agreement is finalized. Item No. 6 deals with permit fees; that's covered in Paragraph 7. The agreement contemplates that the school board would not pay any permanent fees, and there is some language in there that also states that there has been some reciprocal agreements in the past. The school board recognizes that, and they will continue that in the future. The staff's concern there was to defray some of the costs and continue to talk to the school board members about that. My major belief there is that we're talking about development review fees that were paid by a portion of the taxpayers of Collier County. Not the entire tax base, because you're dealing with all the users of the system. We're not talking about ad valorem taxes; we're talking about development user fees. In my opinion, I don't believe it was appropriate for the user of that system to pick up the entire cost or to absorb the cost but, again, that is more of a policy decision that you would make. And finally the last portion isn't necessarily what I call a hard-core planning item. It's the last item left of the agreement, Paragraph 13. The school board is interested in an agreement with the length of ten years. This may be a legal issue that Mr. Weigel would discuss, but our recommendation was for a shorter period of time, however, again, that is a policy decision. In short, Commissioners, the crux of the agreement as we see it from a planning development standpoint is the impact mitigation and how we review these projects, what procedure the school board should go through that you would agree on with the school board, and how we review those projects. We have had very positive discussions. I'd like to reiterate that again with Mr. Cuyler of the school board staff as late as yesterday afternoon and continuing to do that and the document that I gave you this morning is a result of our most recent conversation. The school board -- and, again, I stand to be corrected if I am not stating this accurately -- the school board last Thursday night agreed in concept to the agreement that's before you today, and they instructed their staff to continue to work with us on that, and we are endeavoring to do that, and we will continue to do that. Our intent today is to provide you with the information and gauge your feelings on it and provide direction to us on some of these issues so that we may continue with these discussions. I'll stop there and turn it over to you, Mr. Norris. Perhaps there are some questions and perhaps speakers. CHAIRMAN NORRIS: Anything, Mr. Constantine? COMHISSIONER CONSTANTINE: I'm glad the school board is working with us on this. We had some recent problems, I know, and this should squared away some of those. I do have questions. The wording, for example, in Item 6, seems just a little loose, a little vague. As early in the design phase as deemed feasible by the school board. It seems like perhaps we can tighten that up a little bit so we have some reasonable expectation of when we know -- when in the process the board is going to look at this. If we go down to the 1, 2, 3, 4, 5, 6th line talking about the county development services director or his designees, the opportunity to advise, and if we're talking about off-site impacts in particular, I think we need to have more than that. The schools obviously are a necessary thing throughout the county, but they do have impacts on neighborhoods, on transportation, on any number of things, and I don't want it to just be "shall advise". I think it needs to be permitted like other things that should be cut and dry things that need be followed, and if the county finds that a site development plan isn't in compliance, I don't want to simply advise them and hope they follow that. I want to have a little more solid follow-through than that. CHAIRMAN NORRIS: I agree that if we are going to have an agreement the premise would be that we're going to have some measure of control. If it's just to advise, I don't think we even need an agreement, so I think that's a good point. COMHISSIONER CONSTANTINE: If we go down two more lines in that same paragraph and it says, "all reasonable off-site improvements." I suspect at some point there might be a disagreement between the two parties as to what reasonable was. CHAIRMAN NORRIS: By respective attorneys perhaps? COMHISSIONER CONSTANTINE: Yeah, and I don't like leaving that vague term there. We need to clean that up. I don't really -- I need you to explain to me again You talked about under No. 7 your feelings as far as permit fees. I just wanted to be clear on what you said. I wasn't sure I understood. MR. CAUTERO: I understand that there are agreements from time to time or projects, for example, where there may be, shall I say courtesy, offered between the two governmental bodies. However, I would recommend to you that the school board needs to help defray the cost of development review. My rationale is that these types of reviews that we would conduct are normally funded by development review fees, the users of the system that support the operation, and I just don't feel the question is appropriate to the users of that system to absorb the cost that the school board would bring upon them, because it's something -- the county function and the educational system. It's really a philosophical issue on my part. COMHISSIONER HANCOCK: I think both points there may be in order. I will tell you the school board has a interfacility agreement with us and from time to time they may waive fees for gymnasiums or ball fields and the like, and they are trying to get some credit for that. By the same token Mr. Cautero wants to get some credit. I consider that to be an internal matter. We can process a budget amendment in recognition of fees or costs for janitors or staff at school facilities that from time to time are absorbed by them. We can process budget agreements with recognition of land development review fees, so there's no quid pro quo there, but that's the only point. On the prior point there that you had about what do we do in the event of a dispute, I had that discussion with the superintendent, and I think it's safe to say he'd like to pursue some administrative remedy that he and I if there's disagreement at the staff level between the facilities department and schools and our development services, that he and I would attempt to mediate any dispute for site claiming issues that pertain to new school or sport facilities. And that's at least the agreement that I have with the superintendent. COMMISSIONER CONSTANTINE: The other question I have is when we get into the land use categories question. How many conditional use hearings does the school board currently hear a year? CHAIRMAN NORRIS: Zero. COMMISSIONER CONSTANTINE: My concern is there are a number of issues that go over and above just school related. When we get into impacts and conditional use and this board hears those every other week, and not as far as who should have the authority. I'm just thinking as far as the legal staff and their familiarity with these five people and their familiarity with those things and that whole process. It may make more sense if there's going to be a conditional use process -- I'm open to the argument whether all zoning categories should be open or not, but if there are certain areas we're going to have conditional use hearings, it seems like it makes more sense to the taxpayer and everyone to have that in one body and have an existing thing rather than reinvent that and have new expenses associated with that. It just that -- seems like common-sense to me. We do that every two weeks anyway and already have that process down pat. CHAIRMAN NORRIS: Commissioner Hancock. COMMISSIONER HANCOCK: A couple of points. I'm going to disagree with Commissioner Constantine's last statement on the basis that we have constitutional officers that we have always said it's not our job to reach inside their budget and shift from A to B and B to A. We have a certain level of approval that we stay within, and it's their job to respond to the voters, to their constituents, to the taxpayers on how to go about their job. I think in many cases the school board is much the same way. The last thing I want to do is become an oversight board for the school board. I don't want to be the safety net, if you will, and someone on the school board can say, well, the board approved it. You know, the commissioners approved it so, you know, go talk to them. There's been, in the past, a very clear separation and even -- there have been some areas such as land purchases that have not had clear public hearing process or from this area such as conditional use area. It may not be a conditional use hearing they're having, but the fact that a hearing is held, that a public forum is held, and that it's held in front of the board that makes the ultimate siting decision on schools I think is appropriate versus this board hearing it and beginning to cloud who makes what decisions regarding siting of schools and so forth. We have some recent experiences that I think are driving a lot of the questions on this, such as the Crescent Lake Estates problem. I looked through, and if we had required the county buffering at Crescent Lakes, they wouldn't have been happy. The county-required buffer for that section wouldn't even have come close to what has finally been agreed upon by the school board. And I want to be careful is not to use a five-pound sledge hammer to kill a gnat here by creating more process that puts us into what has typically been the school board's historical, you know, area. COHMISSIONER CONSTANTINE: Agreed. I just want to make sure it is not simply -- there are not simply school issues being dealt with here. And the school board's purview -- I'm open to the argument, but the school board's purview is traditionally educating youngsters, not how it impacts transportation or how it impacts single-family residential neighborhoods or those type things. My thought was just the familiarity here. COHMISSIONER HANCOCK: Agreed. And that's why I think we need to draw the line. When we're talking about transportation impacts, it should be the county's transportation department that provides that review. When we're talking about off-sight impacts to neighborhoods, the county should have some input in that review. And some of these things on our sheets are good points. But I did want to be careful that we don't begin confusing process. COHMISSIONER CONSTANTINE: Agreed. CHAIRMAN NORRIS: Let's go to the public speakers. MR. DORRILL: Mr. Chairman, I don't have any. I do see Ms. Cook is here. CHAIRMAN NORRIS: Ms. Chairman, did you have anything for us here that needs discussing with you so far? MS. COOK: Thank you. I appreciate the opportunity to speak to you about this. The school board did last Thursday agree in concept, because there are some particular elements of the agreement that remain to be worked out, but I think that the fundamental concept raised by Mr. Hancock really needs consideration. School board members are constitutionally-elected officers. We are accountable to the public. I think if we try to innermesh areas of authority unduly, we're going to create some real problems for this body, as well as for the school system and our ability to provide facilities for the students of Collier County. You know, I think that staff can continue to work on these issues and resolve some of the particular agreements that are elements of the agreement. That will be very satisfactory to both bodies, but I think that what Commissioner Hancock has raised is really significant and should be considered. COHMISSIONER CONSTANTINE: Commissioner Hancock, let me make a suggestion that might address the other final comment you made, was obviously we need to be aware and have our staff participate in the off-site impacts, and this may help with that. If from a zoning standpoint, where the school's going, that sort of thing, if we let the school board do their thing, but prior to the actual construction taking place -- I think some of this is in here -- preliminary site design of the final site both come through the board with something more than advice there, but that way there is some comfort level as far as off-site impacts, but it lets the school board do their own thing as far as zoning. And so you can figure out where the schools need to be, and then if there is some question as to the specifics when it's built on that location, then we'll ask the county to participate in it. MS. COOK: I think that's a very important element of it, Commissioner Constantine, and I think that the attempt in this agreement and in the drafts is to create a better process of communication between our agencies so that you know what we're planning. We have a 13-year capital plan. I don't think there's another government agency in Collier County that attempts to plan that far in the future. We will be happy to always share that information with you and try to coordinate with whatever plans that the county is drafting for future land use requirements and so forth, but it really is fundamentally important that we site the schools where the students reside, because otherwise our transportation costs become exorbitant. CHAIRMAN NORRIS: Let me go off on a kind of a little bit different angle here. In the last paragraph of Paragraph 5, Section 5, deals with an exemption or a waiver of property that may be under contract today before the agreement is approved within 45 days of the effective date of the agreement. Is that in there because of a specific property that you have on contract? MS. COOK: Yes. But that really is moot at this point because some other mechanisms to resolve that issue have already been adopted. Because of the time element that this agreement was being drafted last week prior to the striking of an agreement for the purchase of that site, it was still in there, but it really is moot at this point. MR. CUYLER: For the record, Ken Cuyler, with Roetzel and Andtess. Yes, from the point of timing, but ultimately this facility, like any facility is going to fall into that category of things that we're going to have to coordinate with the county on under this document in order to ultimately construct the structure. The purpose of this provision was because it was something the school board was already dealing with, had already contractual rights on as opposed to something in the future that they might acquire, that the board may want to look at that differently than future facilities. CHAIRMAN NORRIS: I don't want to get off the track here on this particular piece of property but has that deal been finalized? If it has not we have an alternate proposal that I'd like to bring forward to you before you finalize that deal, but that's not a subject for today's meeting, but it's something we should discuss before you finalize that. MR. CUYLER: The school board did approve -- they put it in motion, yes. It is finalized from the contractual point of view. CHAIRMAN NORRIS: Nonetheless, we may want to still offer an alternative to you, and we will do that. Commissioner Hancock, you had a question? COHMISSIONER HANCOCK: Yeah. I sense that you -- and, Commissioner Constantine, I think you and I are probably shades of the same position, that we need to find where that line is and keep those things that should be separate, separate, however, those areas in which can be complementary and work together and get a better product for all the citizens in the county, I think everyone is willing to put those on paper. Whether we can arrive at that today in this hearing I think is questionable. What may be appropriate -- and I don't know, Ms. Cook, if you considered this is -- since the board has appointed me as a liaison to the school board, there may be a way in concert with our staff, your staff, and a member of the school board that by sitting down with representatives of each board there, we might have the ability to hammer these specifics out and then bring them back at the same time to each board for a final ratification. I don't want to hear everything today. I'm saying that might be the process that's best to achieve that, because I fully understand that -- I was very involved in the problem at Crescent Lakes and so forth. I know where that rub is, and I think we can find a way through that. MS. COOK: Well, I think that that's a good way to proceed, Commissioner Hancock, and the attempt today to bring it before you was in the spirit of the agreement to just have open communications and ample opportunity to exchange ideas. We didn't expect that there would be a formal ratification today. The school board has only approved in this concept as well. I think that would be a very good way to proceed. COMMISSIONER CONSTANTINE: Let me offer a couple of oversimplified suggestions and that is, again, I don't mind if the county stays out of zoning part of it and lets you all decide where the schools need to be. But I'd like to see the county participate and require a preliminary site plan on a final site plan. So once you have decided, okay, we'd like to have it in XYZ area, at least the county then is a participant in how that site is developed, and I think that deals with the off-site impacts. MS. COOK: Do you mean at the level at your meetings or among staff members or -- COMHISSIONER CONSTANTINE: Yeah, I would think through community development. MS. COOK: Well, I think that the agreement already allows for that review process. COMHISSIONER CONSTANTINE: I don't want just to allow for it; I want it to require it. MS. COOK: It does. MR. CUYLER: That's what we're working towards. The only difference is that we're trying to define the elements that would be looked at so the school board and the Board of County Commissioners know exactly what the staff is looking at and what you will be saying, "yes" or "no" and this type of thing. COMMISSIONER MATTHEWS: We'd be looking at it like any other -- COMHISSIONER HANCOCK: Schools are not constructed like any other construction project. There are different sets of standards for schools on the site development plan. I mean, I'm talking physical construction of the schools. They have to be built to separate standards, and we're accustomed to reviewing, and it brings in a whole different set that we don't typically involve ourselves in. COMMISSIONER MATTHEWS: I'm not interested in the structure. I'm interested in the site plan. MR. CUYLER: And, Commissioner, frankly, there are some things you are not going to be interested in, even in the site plan, the internal -- just honestly, I mean, the internal workings of the site plan your staff will tell you you're not going to care about some of those things, but there are some things you will care about. We wanted to find those things. I think we got a lot closer just in the last couple of days as to defining what those are. You'll be comfortable that those impacts will be taken care of and that you won't have to worry about things that you really not going to care about. COMHISSIONER MATTHEWS: Exactly. I know the most recent problem with the location and site plan of schools has been with Pelican Marsh. But, I mean, I sat through several meetings two years ago with Manatee, and there was just as equal of an uproar there as there was with the Pelican Marsh. I mean, this is not something new. This has been going on for a while. Citizens just are not always happy, and there are some things that could be done to help them be happier with what the school board is doing. Not saying the school board shouldn't be doing what they are doing, but compromises are great. MR. CAUTERO: Commissioner and Mr. Chairman of the Board, as Mr. Cuyler said, that's what we've been doing, and we are a lot closer in the last few days in understanding what criteria they have to give in their own developing standards as required by state law and what the development code states. What we're trying to do is bridge the gap and find the middle ground so those impacts are covered in the mitigation. CHAIRMAN NORRIS: I think we've given the staff a little bit of direction on how to continue to negotiate with the school board. I assume that you will continue to do so and bring it back to us in a more revised or final form here shortly. COMMISSIONER CONSTANTINE: Mr. Chairman, do we have a goal time frame? CHAIRMAN NORRIS: That was my next question. MR. CAUTERO: We do not, Commissioner, other than to bring it to you today, and we hoped it would be in final form for reason we stated earlier. It was not. So we are at your disposal on that, and we'll bring it to you as quickly as you would like. The school board may have some specific dates in mind, so we would leave that to your discretion. We will certainly bring it to you as soon as you would like. COMMISSIONER MATTHEWS: I have some more questions, too. Dealing with the paragraph number 7, towards the end of that paragraph there's mention of joint recreational use agreements and exchange of dedication of easements. This is an area that's probably near and dear to my heart with the Golden Gate Estates Park and the current rumors that the school is going to prohibit people from using the park as a whole. MS. COOK: I'm sorry. I didn't hear you. Could you repeat it? I'm sorry. COMMISSIONER MATTHEWS: There are current rumors throughout the state that the school, Big Cypress School, is going to prohibit individuals from using the park. And Mr. Olliff and I have talked about it, and we know that's not true, but we need to put this to rest. There is -- I have been told that the school is going to prohibit people from using the ten-acre portion. MS. COOK: I'm not at all familiar with that, but Dr. Ferrante, I think, can answer your question. MR. FERRANTE: Hi. It's a pleasure to be here. Let me respond to that very quickly and put that rumor to rest. My name is Robert Ferrante, assistant superintendent of Collier County Schools. The school board is committed to an interlocal agreement with regards to parks and recreation, more specifically, Big Cypress Elementary School. The back side of Big Cypress has already been discussed with your director of parks and recreation as of late, in the last couple of days. I received a letter from your director. He's asked for the right to use the park area this summer behind our school, meaning our school portion of that community park which is ten acres. He wants to use that and inside of our cafeteria and our facility indoors as well. That's been granted by the principal and has been granted for some time now. Number two, you're all asking to build a soccer field you're getting October 1, and that's under review by us right now. That will be reviewed and approved undoubtedly by our school board. We already have an agreement to agree. It's just a matter of going through a very simple process with us. COHMISSIONER MATTHEWS: This is why, though, recreation easements are important to me and going to be important to the citizens in Golden Gate. Mr. Dotrill, what does it cost to build a soccer field roughly? MR. DORRILL: I'll say a quarter of a million dollars. COHMISSIONER MATTHEWS: Quarter of a million dollars. If the school board decides to expand Big Cypress School, and they're going to use this site without an easement for the recreation use and soccer field, you as the school board can come forward and say, gee, we're sorry, County Commission, you got to take your quarter-million dollar soccer field and do something else with it, because we need that land right now. And Easements would kind of help us get through that. CHAIRMAN NORRIS: Let's see if we can get back to our regular scheduled agenda here. COHMISSIONER MATTHEWS: This is part of it, Mr. Chairman, because it's part of Item 7, and I'm trying to make the school board aware -- CHAIRMAN NORRIS: I was going to say that there is a second interlocal agreement to parks and regs. DR. FERRANTE: I'd be glad to respond briefly and say that Naples Park School -- I've been here 25 years in Collier County schools. Naples Park School and its facility have been enhanced by you for gosh knows how many hundreds of thousands of dollars. We have added to that school on three occasions. It hasn't caused a single problem, because we did that cooperatively. COHMISSIONER MATTHEWS: I understand that. The other question that I had dealt with the term of this contract, Item 13. Since we're moving into unchartered waters we could say, I'd rather think a ten-year term is a bit long, especially if there's not particularly a clause in here that allows for amending the agreement. COHMISSIONER CONSTANTINE: I think ten years -- if we can come up with an agreement that we can agree on, I think ten years is a logical amount of time. COHMISSIONER MATTHEWS: I don't, because it's unchartered areas. We don't know how this is going to work out. We don't know whether the agreements can be too restrictive or not restrictive enough from either side, and I'm all for -- would just either like to see a shorter term so we can adjust it or at least put some language in there to amend it. COHMISSIONER CONSTANTINE: Dr. Ferrante, did the state law that passed this year have any reference to time frame in it? DR. FERRANTE: Does the law reference a time frame? COHMISSIONER CONSTANTINE: Yeah. DR. FERRANTE: No, it doesn't. COHMISSIONER MAC'KIE: The parties can always agree to amend contracts. If we mutually agree, we can always decide. COHMISSIONER HANCOCK: Might I suggest we wait until the final form of the contract, and if someone is incredibly unhappy about an element of it then and wish to reduce the time frame, that would be the proper time for that discussion. Again, this discussion is heading down the path of someone being an evil villain here, and that hasn't proved the situation between this board and school board in the past, and I don't anticipate it in the future. MS. COOK: Mr. Hancock, I appreciate you saying that, because As far as the unchartered territory, Ms. Matthews, we have been operating in effect as this interlocal agreement requires, short of the public hearing requirements and some of those specific elements, for many, many years our staffs have been working together, so this is not a totally new direction. And then, secondly, the issue of the term of the agreement. That relates specifically to the length of our capital budget and our attempt to plan ahead in the future and purchase sites for schools. And That's why the ten-year clause was the school board's preference. COMMISSIONER MATTHEWS: Commissioner Hancock, there is no evil villain here looking at this agreement to fall apart. The reason I bring that up is a comment that was made to me yesterday afternoon that the school board's opinion of this is they only want to go through it once, which tells me that they want to lock something down fast and firm. And yet I'm at the same time saying, well, wait a minute. We may do something today that two years from now three years from now or five years from now, we find doesn't work very well. And I'm just asking for either a shorter term or at least some clause, some wording in here that allows for either party to come forward and ask for amending. COMHISSIONER CONSTANTINE: Couple of thoughts. I agree with Mr. Hancock. I think we're going to need to decide that as we come to our final negotiated agreement rather than now, but also I don't think the school board is looking to do anything fast, and we had our disagreement on Pelican Marsh and that's fine, but I think what they're looking at is the same thing we do. They have got a long term they're trying to put in effect. Rather than have a moving target to work with, they'd like to have some ability to plan long term just like we do. Again, this probably isn't the time to try to finalize the term of the contract since we don't have -- COMHISSIONER HANCOCK: In fact, going back to what Mr. Cautero brought forward today is what I'm going to try and wrap up with here. Under the items that have been listed here on this sheet, let me hit each one by one so we can try and get some direction to Mr. Cautero. Items 1 through 4 I think are things that just simply need to be worked out and can be. But the itemized sections on No. 5.A, site landscaping, as far as requiring the school board to set aside 25 percent native vegetation. That's really requiring them to buy 25 percent more land and use 25 percent more tax dollars, and I'm not so sure that's a prudent move. And, again, let me just hit these and then if the board members have problems, we can discuss it. The programs for exotic removal, I think that makes sense. The ten percent instead of five percent set aside as parking areas, that makes sense. I know if you've ever been in a high school parking lot when all the kids get out, you'd like a few meetings here and there to slow the rate of flow sometimes. The parking, I think that needs to be a discussion point, because I don't believe the schools are having parking problems. Site standards, as far as screening and buffering, I think that's an area of good discussion because, again, where you've fix problems, you've exceeded county standards, and where you haven't I'm not aware of, but we can certainly talk about that. As far as building setbacks, again, I think that's fairly innocuous and something that is on the surface agreeable. So I'd be happy to take all those items except for 5.A.1. I think making that a requirement is really going to cost the taxpayer more money in the end run and I'm not so sure it really provides us anything worthwhile. COMMISSIONER CONSTANTINE: You don't mind requiring business to do that. COMMISSIONER MATTHEWS: No, I don't. COMMISSIONER HANCOCK: Again, that's my feelings, and -- COMMISSIONER CONSTANTINE: No, I think we go too far even with business. That's my point. 5.C is my main concern here in that we don't have specifics as far as -- there are no specifics and there need to be some specifics in there. There need to be requirements for buffering and so on, and that's where we get into some of our trouble now. So that's one where I think I agree we need to meet at least the minimum amount that's in the specs CHAIRMAN NORRIS: Let's hear the one speaker. MR. ERLICHMAN: Good morning. My name is Gilbert Erlichman. I live in East Naples. I'm speaking for myself. I didn't hear the three previous speakers here. I know Mr. Cuyler, but I don't know who the other two speakers were. And I'm sitting back there in the audience as a person that's going to be paying for all this or whatever is discussed, because I have no papers. I have no information. Papers are passed out to the commissioners by Mr. Cautero. And there's nothing in the agenda, pardon me, the executive summary, so I don't know what's going on here. I really am mystified, and it looks like a private discussion between the school board and the county commissioners. And personally I don't trust the school board, because they're very unresponsive to the taxpayers. I don't know what else to say, commissioners. Mr. Norris. I have no idea what's going on. Could you please enlighten me? Thank you. CHAIRMAN NORRIS: Thank you, Mr. Erlichman. MR. DORRILL: There are no other speakers. CHAIRMAN NORRIS: We suggested direction for the board -- or for the staff -- I'm sorry. Does any other board member have a suggestion to amplify that or -- COMMISSIONER CONSTANTINE: Commissioner Hancock, you'll work with him on that? COMMISSIONER HANCOCK: Yes, I'd like to work with Mr. Cautero and our staff, and if I could ask the school board to appoint maybe one of their board members, and before this comes back to our respective boards, we have a meeting, hammer everything out and make sure everything seems palatable to both parties, and we'll move on from there, bring it back to a public form with a complete item on the agenda with backup so Mr. Erlichman can have all the input he wants. CHAIRMAN NORRIS: Thank you, Mr. Cautero, and thank you, school board, for your corporation in this matter. We appreciate it. MR. CUYLER: Thank you, Commissioners. COMMISSIONER HANCOCK: Who was that man in the dark suit? CHAIRMAN NORRIS: Before we continue with our regularly scheduled agenda, I want to recognize that we have our state representative, Butt Saunders, here and who has brought his father along for support, Mr. Seymour Saunders. Could you have him stand up and wave. (Applause). Item #8A2 AUTHORIZATION FOR THE CHAIRMAN TO SIGN THE U.S. DEPARTMENT OF THE INTERIOR DOCUMENT TO ALLOW THE REIMBURSEMENT OF FUNDS FOR THE CONSTRUCTION OF THE ARTIFICAL REEF OFFSHORE OF GORDON PASS, COLLIER COUNTY, FLORIDA - APPROVED Our next item is the former 16(A) (5), which is now 8 (A) (2) . COHMISSIONER MATTHEWS: 8(A) (2) and (3). I'd asked to have these moved from the consent agenda mainly because I believe in the last two or three weeks you've each probably received a memo from me regarding the artificial reef program and my trying to find out information regarding the stockpiling of items for the reef. And I'm told in my search to find out what was right and what was wrong, but I'm told that our landfill site no longer accepts items for storage for transport to the artificial reef. And that disturbed me a little bit, and then I got a memo from Mr. Russell who indicated that perhaps the reason for that was that it costs $100 a ton to transport it to the reef. If I've misunderstood this, I'm sorry, but, you know, help me if I misunderstood the numbers that I got. But anyway I took this off because I found it interesting that the federal government reimburses us for some of that cost and at the same time we're awarding a bid, and I'd like to know where we're going to get the stuff from. COHMISSIONER HANCOCK: Ms. Matthews, if I could expand on that, it was a year ago I received a phone call from someone in Pine Ridge Industrial Park who had concrete pipes sitting on their lot that they wanted to donate for the reef project. They could get some level of a write-off I guess, and we would have that material for the project but, again, storage was the problem. There was nowhere to put it, plus the transport and hauling costs and so forth. So I had a similar experience, so it's helpful to get a clarification on what are our options. MR. RUSSELL: For the record, David Russell, solid waste department. What has been discovered is that the most cost effective way to accomplish the reef projects is once the funds are available to actually stage materials close to the shoreline, the contractual cost of moving material that was moved to the landfill then has to be moved by a contractor, reloaded and moved to the shoreline is a waste of funds. And there's always materials -- good materials available when they're ready to do the projects so they can actually get more tons of material on a reef if they direct materials directly to the staging area. So it's not as if -- we could always find some space for some material, but there's always more materials out there available than we have a need for. So it doesn't make any sense to burn all those dollars moving that heavy material a second time. COHMISSIONER MATTHEWS: Well, I guess then maybe our citizens who wish to contribute to the artificial reef programs maybe are not aware of any changes that may have happened in the last year or so with the program, and I guess maybe we need to make them more aware that they can continue to store these on site and we'll let them know when there's a staging and so forth to get it moved over. What I'm hearing lately is that this material rather than being saved for the artificial reef is being disposed of and actually put in the landfill which is just consuming more square footage or cubic footage of the landfill. MR. RUSSELL: That material wouldn't go into a lined cell. It's kept separately and used as a back fill. We all know that fill material is expensive here. But The point is if we started setting material aside again, it would never get used because of the time that the grant monies become available, they can always get material directly from the provider delivered directly to the shoreline, and it doesn't make any sense to amass a stockpile of material. It's just not cost effective. COHMISSIONER HANCOCK: In other words, someone who was going to haul it to the landfill, now hauls it to the transfer site so it goes directly on the barge and heads out -- MR. RUSSELL: Right. COHMISSIONER HANCOCK: -- and there's little or no hauling cost for us because -- MR. RUSSELL: It's a matter of timing. So it allows the people running the program to actually get more tons out on the reef themselves. There's just way more of this material than can ever be used because of the monies available to build these reefs. COHMISSIONER MATTHEWS: I understand what you're saying. My concern and I wanted to get it before the public and before this board is that apparently there's been a change in the method for stockpiling the material for assembling the material and moving it to the reef, and I'm happy to see the program is still there. We're just doing it a little bit differently, and perhaps we need to let our companies that accumulate these concrete pipes and so forth let them know that the program is alive and what and what they can do to contribute toward it. MR. RUSSELL: I can discuss that with the staff member of the natural resources on that project and make sure of that. MR. LORENZ: For the record, Bill Lorenz, natural resources director. Also note that we do receive private donations. Last year we received I think it was 600 tons of material that were privately donated and placed on the reef. As Mr. Dotrill said the cost was transported in placement. We have more than enough material than we can put out for the $25,000 that we get in grant funds. So we do communicate that to the people who do call in, and we have a number of reef sites for the public to realize that we have a number of reef sites. If they would like to donate it to us and provide the transport and the placement, we will work with them and inspect the materials and allow them to be deposit the permit. COHMISSIONER MATTHEWS: Thank you very much. I'm happy to hear that the program is still going, and Mr. Chairman, if you don't object, I would like to make a motion that we approve both 8(A) (2) and (3). COHMISSIONER HANCOCK: Second. CHAIRMAN NORRIS: We have a motion for approval of both 8(A)(2) and 8(A)(3). All those in favor, signify by saying aye. Opposed? None. Approved. Item #8A3 BID #96-2518 FOR THE TRANSPORTATION OF MATERIAL FOR THE ARTIFICIAL REEF OFFSHORE OF GORDON PASS, COLLIER COUNTY, FLORIDA - AWARDED TO HC CULLEY MARINE SERVICES, INC. This item was discussed and approved in conjunction with Item #8A2. Item #SB1 REPORT TO THE BOARD OF COUNTY COHMISSIONERS ON THE BID RECEIVED FROM THE ADVERTISEMENT TO SELL THAT SURPLUS REAL PROPERTY FORMERLY KNOWN AS THE LANDFILL EXPANSION PROPERTY - BID ACCEPTED CONTINGENT UPON IDA ACTION IN ACCORDANCE WITH STAFF RECOHMENDATIONS Next item is 8(B)(1). For the record again, David Russell, solid waste department. This item addresses a sale of surplus property adjacent to the landfill. This item was bid out, advertised for bid. The only bid that responded was the Collier County Golf Authority. The authority did have a couple of exceptions to the bid and most significant of which is that they requested that the 20 percent up-front payment be waived, probably the most significant variation in the bid here. Additionally there is the need for issuance of some industrial revenue bonds in this case. The bid by the authority was for $4,025 per acre for that 52.5 acres that was advertised. The authority added some conditions themselves. They suggested requiring a 27-hole course rather than an a 18-hole course, a stipulation for no commercial development other than that affiliated with what would be normally affiliated with a public golf course. No residential housing development and nature trail may be contained within the boundary of the property and that recreational activities beneficial to the public would be permitted at the facility. COHMISSIONER CONSTANTINE: As far as the deposit being waived, obviously we'd still close and have the total amount within 60 days. There was no suggestion to change that? MR. RUSSELL: I'm sorry. COHMISSIONER CONSTANTINE: The closing will still occur within 60 days? MR. RUSSELL: That's my understanding. MS. ASHTON: Excuse me, if I have could comment for the record. I'm Heidi Ashton, Assistant Collier County Attorney. The advertisement that was placed in the paper did provide for the 20 percent deposit within five days. It's our opinion that you should readvertise that changing the terms if you elect to proceed or have the closing occur within five days of your acceptance. If you desire to accept it today, that would mean the closing would have to occur within five days from today in order to comply with the terms that were advertised in the paper. COHMISSIONER MATTHEWS: Don't they need time to acquire some of the other property? MS. ASHTON: Pardon me? COHMISSIONER MATTHEWS: There are some privately-held properties within this area aren't there still? MR. DORRILL: I believe that there are. COHMISSIONER MATTHEWS: I'm just questioning, you know, if we require them to close this in five days and they're unable to acquire some of the properties that are still within the area, then they might be caught with a million dollars' worth of property and nothing to do with it. COHMISSIONER HAC'KIE: That's less important to me than complying with the advertisements and bids. COHMISSIONER MATTHEWS: I understand that, too. COHMISSIONER CONSTANTINE: Mr. Weigel, I need some help here on this, because I guess if there were other bidders, then that would be a very valid concern. There was one responder to this and from a technical standpoint I understand that; from a real-life standpoint I don't think -- I would be shocked if there was a difference if we went through all the expense of advertising again, and went through another 60 days or 90 days and we're going to end up back at the same point. MR. WEIGEL: Okay. Well, fine. As always the county attorney office would advise you of the risks, and the board can make the choices they wish to do. The advertisement provided for 20 percent down within five days of acceptance. An argument might be made that an entity that would otherwise have bid for the property but for the 20 percent down may not have bid and was foreclosed by the term in the advertisement itself. There may or may not be someone or some entity that would come forward and attempt to challenge in that regard. COHMISSIONER CONSTANTINE: Is there a time frame which the challenge would have to be brought forward? MR. WEIGEL: It's a significant time frame for a potential lawsuit of this kind. It's not a question of days. It would be months or conceivably even years. But the board, you know, can make the informed decision based on it understands the market place and the risk that it takes. But the advice that Ms. Ashton gave was just that if there was to be -- the board were to except a material change from what appeared to be a specific shall mandatory term of the bid specification, that it could still comply if, in fact, the closing were held within the time that the 20 percent would otherwise be proffered. Obviously, based on the bid response, it would appear that that would be an impossibility with the proposer at hand here. MR. DORRILL: Mr. Chairman, maybe we could have Ms. Ashton elaborate on this. I know as part of your purchasing policy, the board has the ability to make findings pertaining to either exceptions that have taken in bids, the bids that we received, which is a fairly routine practice or in some instances to waive irregularities of the bid form for the sealed bid itself, so long as the board makes findings to that. And unless there's some specific preclusions to that in the statutes as it pertains to the dissolution of surplus property, my question would be why can't the board avail itself of the purchasing ordinance that you have that otherwise gives you the ability to do that. COHMISSIONER CONSTANTINE: That was going to be my comment is it certainly wouldn't be the first time that we had done that. Secondarily, I think if we're talking real life here, one very real possibility is if we go through this process again, the bidder has the advantage right now of realizing they were the only bidder. They could very well come back with a much lower bid and the county loses a bunch of money over what is essentially a technicality. So if there is a legal way to deal with that, it could save us and the solid waste department, where this money will ultimately go, potentially a pile of money. COMMISSIONER MAC'KIE: I recognize that, too. I think we also have to factor in that this is not an uncontroversial -- if that's a word. It's not an uncontroversial matter because it's related to -- I mean, this closes the door on future landfill expansion at that site. And there's a great deal of discussion in the community about citing a new landfill in the Golden Gate Estates area near Orange Tree. And I think that the possibility of someone filing an objection if we aren't very careful to comply with the bid process is a real possibility because of, you know, this isn't just about a golf course, this is about landfill. COMMISSIONER CONSTANTINE: Well, let's not mix the issues, though. The board has made -- on several occasions they promised not to expand at that site, both the old board and this board. And You may or may not agree with the sites that have floated to the top in the process now. No specific site has been justified. We may or may not end up going to one of those sites, but regardless of how that process unfolds, this board has made a commitment numerous times to the public not to expand to the 300 acres to the north, so they are separate issues. COMMISSIONER MAC'KIE: They are separate, but we don't have the ultimate decision there if we can't get the permits for another landfill. They are separate, but my only reason for bringing that up is that -- COMMISSIONER CONSTANTINE: Are you suggesting we renege on the promise to the public? COMMISSIONER MAC'KIE: No. I'm suggesting that the state agencies might not allow us to permit a landfill elsewhere, and so I'm suggesting that -- and that is a separate issue. My only reason for bringing this up, however, is that when we're evaluating the business risk associated with a minor variation to the bid process which is what -- our attorney gives us advice and we have to evaluate that risk. A factor in evaluating that risk is the likelihood of someone filing an objection to the waiver of the bid process ten years from now when we're in a fight over a landfill permit, so I just raise it for that point. COMMISSIONER CONSTANTINE: But I guess that -- that takes us back to Mr. Dorrill's question for Miss. Ashton. Is this -- we've done that sort of thing before? MS. ASHTON: What I could comment on is that if you readvertised it and the current applicant were to, you know, reduce his price, don't forget that you provided the advertisement in the paper then they're response to the advertisement is the offer, then you have the option to accept it, so should it come in lower, you always have the opportunity to say we'll keep the property then. COMMISSIONER CONSTANTINE: Yeah, we do. But, again, the option is to hold a piece of property and not get any money to go toward another site wherever it would be. So you can get a particular price or you can get no money. That doesn't -- there are all kinds of options we have, but the idea that we have a particular price now that is actually a tiny bit per acre higher than what we paid for the land, and that same price may or may not come back if we go through the bidding process again. COMMISSIONER HANCOCK: Mr. Chairman, can I ask a question of Commissioner Constantine? CHAIRMAN NORRIS: Sure. COMHISSIONER HANCOCK: It may be appropriate to the petitioner, but since this discussion is dragging, let me ask this. Is the reason that the 5 to 20 percent can't be made because a bond from the IDA, Industrial Development Authority, has to be -- I'm curious why can't the deposit be made and what are the constraints if the deposit can be made instead of five business days upon approval of the bonds from the Industrial Development Authority does that give us leeway that is sufficient and so forth? Why can't that be made Mr. Glass? MR. GLASS: My name is Arnold Lee Glass for the record. You've hit on the point. The bond will be issued after these meetings take place. We've got this one, we have one with the IDA, then we come back to you for the final blessing on the IDA bond which is coming up rather -- is moving ahead rather rapidly. And if it is -- and I'd have to defer to your attorneys and ours. If I'd known I needed them, I would have brought them to answer. We'd be prepared to issue a bond anticipation note that binds us to that deposit, too, like you would in any situation, if you want that. I can understand a concern for that, and I understand from my previous days up there you got to think about all kinds of things. And I have no problem -- we have no problem giving you a note. And we will close -- when the closing takes place after the final thing here, it will be rapidly, because we've been assured by Everon, our former Kemper Financial, that they are prepared to at this point. If this meeting was a final meeting today, we'd be closing very quickly. COMMISSIONER HANCOCK: Is there a board meeting within five days of the IDA bond request? There may be a way around this. If we can continue this item to a board meeting that is five days or less before the Industrial Development Authority meeting, we may be able to accomplish the objective set forth here today. COMHISSIONER MATTHEWS: That was just what I was going to ask. What's the time line that we're looking at? COMMISSIONER HANCOCK: What's the date for the Industrial Development meeting? MR. GLASS: We're supposed to report to them with the material from here, but the IDA board meeting was scheduled originally for May 13, and we're behind that now. I know they're going to be calling the board together as soon as they can. Major point, we do have to have the land available to us. Maybe it's on a contingency basis or something, I don't know, but we do need that, because we can't close the bond -- keeping in mind the bond that we are getting is totally unencumbered of anything for the taxpayers here. It's just straight money that we're responsible for in revenue, and even the IDA does not have a security interest in it. So they're basically doing the perfectory procedure to make sure it's all -- COMHISSIONER HANCOCK: You would have it if we scheduled it so that it's a board meeting within 5 days of the Industrial Development Authority meeting, that decision would be made, and if it doesn't happen at the IDA, then you fail on the five-day time frame -- MR. GLASS: We don't lose our deposit because -- that's why we worry about things like that. COMMISSIONER CONSTANTINE: Mr. Weigel, one other way to do that -- and actually I like your idea a lot, Commissioner Hancock. It says within five business days of board acceptance. Can you make an acceptance contingent upon IDA action, so it won't actually be an acceptance until their action -- until their acceptance? MR. WEIGEL: I think that's appropriate. And, again, all we wanted to do is advise you of a potential risk that was out there. You're not even -- it's not that you're prevented from taking action today, but I want you to know that the potential for something that might occur. It may well not occur. But you're absolutely correct. If that works for the golf authority, that kind of timing standpoint, that would work obviously for the board. COMMISSIONER HANCOCK: That means they didn't have five days from the IDA approval if that occurs, to do it to meet the contract requirements. Is that what you're suggesting? COMMISSIONER CONSTANTINE: Right. COMMISSIONER HANCOCK: Now, I'll ask my second question, because It's more specific about the project. Can you define for me on here "championship level" because the -- MR. GLASS: I'll tell you right now we are using USGA standards, and we will meet every standard there is to meet to certify us -- COMMISSIONER HANCOCK: The reason I ask is these courses are high on maintenance dollars and nobody uses the fourth and fifth tee, no one I know. Former county attorneys use them. MR. GLASS: We'll have a special designation for county attorneys then. COMMISSIONER HANCOCK: The reason I ask that is I would just request that the USGA currently is proposing courses be a little bit shorter -- MR. GLASS: They are going to be shorter, about fifty-seven hundred to six thousand maximum. We've already discussed that with them. COMMISSIONER HANCOCK: Two or three tee boxes, not four or five? MR. GLASS: That's correct. That's a necessity for the speed of the course and everything, and it's a public course and you have to keep them moving, and a lot less water, too. COMMISSIONER MATTHEWS: Is that still classified as championship level? MR. GLASS: Yes. It will meet their levels for championship tournaments. We have been asked by some people who talked to you recently about allowing them to come to our course one week a year, too, so -- they want to place to go home to too, I guess. That's neither here nor there at this point. CHAIRMAN NORRIS: Mr. Dotrill, do we have any other public speakers? MR. DORRILL: Just one. Mr. Simonik. MR. SIMONIK: Good morning, Mr. Chairman, Commissioners. My name for the record is Michael Simonik. I'm the environmental policy facilitator for the Conservancy of Naples, not to be confused with the Nature Conservancy -- Conservancy of Naples. I'm here making comment on behalf of our 30 board of directors, our 400 volunteers, and our 5,000 family members. We believe that the selling of this surplus land near the landfill is premature at this time. There is 20 years left on the life of this landfill, and we believe it's still uncertain as to whether or not there's a need for moving the landfill and creating a new one. As you know, Commissioner Constantine, one of our staff members is on the committee for the selection process of a new landfill, and he's on that as a citizen. We are not uncomfortable with that process, the selection process of a new landfill. It's very clean and apolitical. But this does not in anyway suggest that our policy supports a new landfill, rather that the selection process, if there is a new site to be had is to be built and take into account the environmental restrictions and so forth. Twenty years is a long way off, but we may be able to preclude any need for another landfill by using some of the alternatives that have already been in place like recycling and source reduction. The odor control system that has just been newly placed into the landfill, those kind of things. Maybe we can move the life of this landfill from 20 years to 50 years with some new technology and new alternatives, and that is the supposed life of the new landfill, 50 years. If we can have the current one at 50 years, and maybe there is need for that extension, that surplus property. I guess everyone is calling it surplus, but maybe it's not surplus. Maybe it's needed for the current landfill to make it to 50 years so that we don't have to go to new landfill. And, again, I realize my comments obviously at this time are just for the record, and I just wanted to state that on behalf of the Conservancy. Thank you. COHMISSIONER HANCOCK: I just want to clarify, sir, that it is the Conservancy's position that we should expand the landfill in the Estates? MR. SIHONIK: That is not the position that I stated. COHMISSIONER HANCOCK: Okay. Thanks. I just wanted to check, because I thought that's what you were alluding to. MR. SIHONIK: I did not allude to that. COHMISSIONER CONSTANTINE: I do appreciate you pointing out the processes between apolitical and trying to determine what the future needs are, and the representative from the Conservancy has been great. You're right. We can look at all kinds of alternatives, but as I mentioned earlier, this board has made numerous times a commitment not to expand to the north. Like you said you're not asking us to do that anyway, and as I result then it is surplus property. There are other alternatives we can look at as far as what -- Commission Matthews has mentioned several times, alternative technologies. Can we do more with recycling and so on. Those are all going to be part of the process. Those aren't part of the process of the 252 acres to the north. And I think the commitment's been made and we should honor that commitment to the public. CHAIRMAN NORRIS: Mr. Dorrill, any other public speakers? MR. DORRILL: I have one. We have Mr. Perkins. MR. PERKINS: I can't hear without my glasses. Not funny, I can't see without my hearing aid. A1 Perkins, Belle Heade Group, Citizens for Constitutional Property Rights. We're in hundred percent agreement for you to sell this piece of property because of all of the statements are not coming out. If we close the landfill right today, we have to monitor it for the next 30 years for the gas and collect it. If you maintain and keep the fill going for another 50 years, we're looking at 80 years. So let's get real. Now we have the technology and the ability to fix the problem. Let's get in line, and let's fix the problem. I'm sure that wealthy Naples can take and get their act together to take and fix this problem when all the country and even around the world is looking at us that they can do it. We have the facilities, we have the areas, and we have the technology. So as far as that landfill goes, let's see if we can't fix the problem. Recycling is the answer. Composting may be part of it. There's a ton of things we can do to eliminate the need for a landfill. Thank you. COMMISSIONER CONSTANTINE: I'd like to make a motion to accept the bid contingent upon IDA action and in accordance with all other items outlined, the staff requirements. COMMISSIONER MAC'KIE: I thought you were supportive of the continuance. COMMISSIONER CONSTANTINE: I pointed out earlier and Mr. Weigel nodded and I said before, we agreed that it would be contingent upon and the acceptance doesn't take effect until IDA takes their action. So it still gets us to where we need to be. Lets us move ahead today That falls within the scope of the requirements. COHHISSIONER MATTHEWS: Also, the golf authority has to have a clear commitment on land. COHMISSIONER CONSTANTINE: Mr. Weigel, I saw you nod again but that's -- MR. WEIGEL: Yes. That's correct. That is my understanding and I expect the record will show that the board's acceptance today is not a final acceptance. It's based upon factors yet to occur. COHMISSIONER HANCOCK: Second the motion. CHAIRMAN NORRIS: We have a motion and a second. All those in favor, signify by saying aye. Opposed? One step forward gentlemen. Item #9A RESOLUTION 96-239, CALLING A REFERENDUM ELECTION TO BE HELD ON SEPTEMBER 3, 1996 IN THE NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT RE EXPANDING THE BOUNDARIES OF THE FIRE DISTRICT TO INCLUDE SECTIONS 10, 11, 12, 13, 14, 15, 22, 23 AND 24, TOWNSHIP 48 SOUTH, RANGE 26 EAST, AS SET FORTH IN HOUSE BILL 2085, AMENDING CHAPTER 84-416, LAWS OF FLORIDA, AS AMENDED - ADOPTED Our next item is 9(A), a resolution calling for a referendum in the North Naples Fire Control District. COHMISSIONER HANCOCK: Mr. Chairman, we had this item for discussion time and time again. Motion to approve other than the public hearing. COHMISSIONER MATTHEWS: Second. CHAIRMAN NORRIS: We have a motion and a second for approval. All those in favor, signify by saying aye. Opposed? Item #9B INTERLOCAL AGREEMENT FOR THE SOUTHWEST FLORIDA JOB TRAINING CONSORTIUM AND APPOINTING PRIVATE SECTOR REPRESENTATIVES TO THE JOBS AND EDUCATION PARTNERSHIP REGIONAL BOARD - APPROVED 9(B) is a recommendation to approve local elected officials' agreement for Southwest Florida Job Training Consortium. COMMISSIONER HANCOCK: Unless someone has any questions on this, I'm involved with this as the representative from Collier County, and I'd be happy to answer your questions, but I would move approval. COMMISSIONER CONSTANTINE: What exactly is this? COMMISSIONER HANCOCK: What happened in the past is we had state and federal grant monies in the Job Training Partnership Act that have come into the county through several areas. The state is anticipating reduction and -- in those amounts and is presenting block grants to regions throughout the state. The consortium consists of five elected officials, one from each of the five counties in southwest Florida. That consortium then appoints a 45 member board that will direct those block grant funds to accomplish the same objectives at a more efficient-- in a more efficient way. I am the -- one of the elected officials on the consortium and, in fact, chairman of the consortium. We recently appointed the 45 member board and this is in essence ratifying an agreement to the structure of that. It is nonbinding on the county and does not cost the local taxpayers any dollars. In fact, there is 20 percent savings on the funds that were expended to achieve the same objectives. We're just redirecting it in a more efficient way. COMMISSIONER CONSTANTINE: Is there a lack of funding somewhere? MS. ASHTON: Yes, there is. And for the record I'm Heidi Ashton, Assistant County Attorney. We did put this on under county attorney. But because of the time frame -- I received the agreement last week, and we couldn't get it on the regular consent agenda in time, so it was distributed on Friday, and the title that was distributed is recommendation to approve supplemental interlocal agreement for the Southwest Florida Job Training Consortium and to appoint private sector representatives to the jobs and education partnership regional board. This was distributed on Friday, and if anybody else needs a copy, I have copies for distribution. COMMISSIONER HANCOCK: I will say that comforting element that creates a difference in this versus the way it's been done is it used to be that the monies were sent directly to the bureaucratic agencies for their handling. This has a citizen oversight board that directs those funds. These citizens that are made up from each county are owners and co-owners of businesses that may use some of the job training aspects and so forth. So as far as I'm concerned, it's going to be a much better program and less splintered than what's been done in the past, and the counties' representation on that committee is based on population, so we are the second highest representative in the five county consortium. COMMISSIONER CONSTANTINE: Motion to approve. COMMISSIONER MAC'KIE: Second. CHAIRMAN NORRIS: We have a motion and a second to approve. All those in favor, signify by saying aye. Opposed? Let's take a real quick break, and we'll come back with the Healthy kids' presentation. (A short break was held.) Item #10A PRESENTATION RE HEALTHY KID'S PROGRAM - CONTINUED TO JUNE 11, 1996 REPRESENTATIVE SAUNDERS: I guess I sort of feel like a little bit like a bad dream. I keep coming back. COHMISSIONER CONSTANTINE: You know, Commissioner Hancock was just saying that to me in the foyer. REPRESENTATIVE SAUNDERS: But I also -- I did come with gifts. These will go with your vests and with your hats. And I don't know if you got T-shirts, but these will go very nicely with that. Mr. Weigel, I have several up there for anyone who -- I also want to thank you for the opportunity to present to you what I think will be very interesting program. And I would ask -- and I know this will be the case -- I would ask that you have an open mind to the presentation that's going to be made to you today 'cause I think it will impressive to you. In January I formed a local health care advisory committee to assist in addressing Collier County's local health care problems and issues, and I have some material I'd like to hand out. The first thing is a list of the health care advisory committee members. And then there are two articles that appeared in the Naples Daily News that I'd like to hand out. The committee that we formed is a large cross-section of the medical community, the business community, and the civic leaders. And they have thoroughly evaluated the Health Kids Program and had recommended its implementation in Collier County. Some of those committee members are here today, and there are several other people in the community that would like to speak about the program. First, what is the program? The Florida legislature determined that it was in the best interest of the citizens of the State of Florida to develop a state-funded insurance program for only school age children who have no other access to medical care. The Healthy Kids Corporation purchases for eligible children only private insurance that provides in-depth coverage. I'm going to continue to emphasize school-age children. There are no adults that are covered by this program; it's only school-age children. We have a letter of intent from Blue Cross-Blue Shield expressing interest in writing this insurance, and we will have other expressions of interest from other carriers willing to set up the health care network necessary to establish this program. Liz Freeman with the Naples Daily News has done an excellent job in reporting on this particular issue, and I wanted to -- I've given you an article that she wrote, and I wanted to just read a couple of short paragraphs from that article, because I think they're very indicative of what we're trying to accomplish. According to the article, advocates say the program now in place in nine counties makes for healthier children, reduces school absenteeism, and cuts the amount of charitable medical care provided by hospitals, and it spends traditional costs shifted to the entire community with higher hospital charges. Ms. Freeman goes on to talk about some of the other programs around the state. If Collier opts not to move forward, that means four other counties slated to start Healthy Kids programs this Fall -- Palm Beach County, Dade, Escambia, and Alachua -- could get more children enrolled than planned. All four have local funding for the project. Palm Beach is aiming to enroll 10,000 kids and the Palm Beach County Health Care District, which is a health care taxing authority, has pledged 500,000 hours which is four times the local max required to get this program started. According to Rose Naff, the executive director of the Healthy Kids Corporation, they are being very aggressive to put themselves on the top of the list. In Dade County, Jackson Memorial Hospital, a large public hospital, has pledged $125,000. The goal in Dade County is to get 6,000 students enrolled in the program. And the article goes on, as you'll note, to talk about several of the counties. Finally the article concludes with something I think is very important. Recently, the Ford Foundation and the John F. Kennedy school of government at Harvard University named Healthy Kids as a semifinalist in a 1996 innovations in American Government awards program. It could be eligible for $100,000 grant from the Ford Foundation. Collier County has had some experience with that Innovations program as you know, and I think that speaks volumes for the quality of this very innovative program. The nine counties that are currently involved in this program involve some large counties and some small counties ranging from Broward County to Hardy, Highlands, Okeechobee, Pinellis, St. Lucie, Santa Rosa, Volusia, and Duvall County. As I said there are about 22,000 children enrolled. Until this year the maximum number of counties that could be funded by the state legislature was nine. The legislature recognized the tremendous benefits of this program and because of that has increased the number of counties that can enroll in this program beginning in 1996 -- '97. And I want to emphasize one thing that I think all of you have heard about that I think is important. The legislature cut over $400 million out of HRS social programs in 1996-1997, major cuts in social programs. But at the same time the legislature saw fit to increase funding for this very important program, the Healthy Kids program. The Collier County School Board has approved the program. Our application has been completed; it's been filed. And the only thing we need at this point is local matching dollars for the state grant. The local match is five percent of the total program cost, five percent. The other 95 percent is paid for by the state and/or the parents of the children. What does this five percent equate to? The $90,000 that we're talking about turns out to be .005 mils. So if you have $125,000 house in Collier County that's homestead, you're going to pay 50 cents towards this program if the county commission funds the entire $90,000 max. That's 50 cents that the average taxpayer in this community is going to pay for this program. And the benefits are to 3,000 children that currently have no other access to medical care. Why should Collier County join this program? First, this is not a violation of your policy prohibiting funding or charitable organizations. This is a state matching grant program. The program is administered by the Health Kids Corporation, which is a state-owned corporation. The citizens of Collier County are paying tax dollars into this program right now. The nine counties that are benefitting right now are receiving tax dollars from Collier County. We're getting no benefit from it. If we don't participate in this program, the additional four or five counties that will be added in '96 will get Collier County tax dollars. Collier county taxpayers and citizens will get no benefit. Secondly, by providing this health insurance to school-age children, we're giving these children the extra boost they need to perform well in school. I think that there are certain social benefits that will flow from that, certain economic benefits that will flow from that to all of Collier County. We'll have reduced absenteeism. We'll have students performing better in school, and that should reduce dependence on welfare and other social programs down the road. Third, with more children covered there is less indigent care, the cost of which is cost shifted to paying customers. I think we all recognize Collier County Government as an entity pays a premium for health care to help offset the cost of indigent care. At this point, I'd like to introduce Rose Naff, who is the executive director of the Healthy Kids Corporation. She has a short presentation and a video that I think really tells the whole story of Healthy Kids. I do want to thank Rose for a couple things. She is an excellent example of a state employee, someone who is very dedicated to what she does. She does an excellent job. I want to thank her for coming down here. This is her second visit to Collier County in the last several months. MS. NAFF: Hi. I'm Rose Naff, executive director of the Florida Healthy Kids Corporation. I was not sure if you had received the informational pamphlet that we have, so I will pass one over to you. I also have for anyone in the audience who would like to receive the brochure, there are copies on the table right here. I heard some testimony earlier about materials. I do have a video that is -- there was a news broadcast on ABC World News Tonight. It's about a five-minute-piece. We had a lot of coverage. All the major networks covered this. This is my favorite piece. I'm going to pretend it's second grade and invite the members of the class to come sit on the floor if they want to watch it. Sorry we're going to do this to your back, but I'll go ahead and start the video. It's a good introduction piece. (A video presentation was made.) MS. NAFF: I introduced you there to Heather and Jimmy Wilkinson. I want to say a little bit about them. Their family represents the average family that enrolls in this program. That is, there are two married adults, one or both working. They happen to have two children. The average age is 11. Heather was 11 at that time. They are high school graduates, and they have some college credits. They happen to be in there mid 30's. That's my family. The only difference between there family and my family was that my family had insurance. A little history about Healthy Kids and the concept and how it came to be. There's a gentleman at the University of Florida, Dr. Steve Freidman, whose job it was to conceive of different things that would improve the health of children in the State of Florida. He developed a concept, and it was published in the New England Journal of Medicine in 1988, and the concept was school enrollment based health insurance. The idea was to take instead of a traditional way of obtaining insurance that most of us are familiar with where an employer would go out and negotiate a group policy for his employees and employees could then opt to insure themselves, perhaps receive subsidy from the employer and then elect to insure their spouses and dependents. He took that and wanted to turn that upside down a little bit and say -- there was a couple of facts he was aware of that 75 percent of the uninsured in Florida were related to a child in school. So he thought if he took -- as an alternative grouping mechanism, he took children in school and there was a negotiated agreement much like an employer would do where there would be a negotiated policy purchased, and that the children in theory could elect to insure themselves and potentially their family members, siblings, their dependents, possibly adult members of the family. The concept was modified a little bit when Healthy Kids was formed to implement that idea, and it is a child focus. It is Healthy Kids. It is just a children's idea, but the concept of using the school system to insure children and their siblings is one that was implemented first in Volusia County in 1992 and has proven to be successful. Representative Saunders has done such a good job with some of the details that I don't have a lot to say now. So there are 9 counties participating. We started in 1992. And we most recently this current year added Pinellas and Duvall County. We have received petitions from five counties to do programs in 1996-'97. The legislature has authorized the funding to do that, and we are considering how we're going to take the enrollment in this program up to almost 50,000 children during the next school year and which counties will be participating. It's a partnership program. Everyone contributes to this in some way. Families contribute financially. School districts contribute by providing very streamlined system of eligibility determination and are going above and beyond. They're also assisting in marketing the program. The state is contributing general revenue dollars to the program, and we do look for contributions, a financial stakeholder from the local community also. Providers participate in this program and often discount their rates, Both hospitals and physicians. Often they are looking at the effects of cost shifting and receiving something for care rather than nothing, so it benefits everyone. The insurance industry when it participates cuts it's profits. Sometimes there is no profit. Sometimes the profits are invested back in the program so everyone contributes something or gives something up to do this. The benefits are very comprehensive. We started out with a blank piece of paper and sat down and discussed what did children need to learn. We started out with immunizations and checkups, eyeglasses, hearing aids. They need to be able to see the blackboard, hear the teacher speak. After that we added physician office visits and pharmacy benefit. If you have children, you know they got to get the pink stuff in their system somehow, get the -- or strep throat or whatever -- COMHISSIONER MAC'KIE: It's 50 bucks a bottle for that pink stuff. MS. NAFF: There's all different variations of the color of the pink stuff, too. There's multiple generations of antibiotics. But the pharmacy benefit is one that is very highly used. The physicians on our board of directors felt that if you could get the child to the doctor and get a diagnosis but you couldn't actually get the treatment into the child's system, so that was listed as a very important benefit. Hospitalization is a covered benefit all the way up through transplants. We include dental care in some of our sites. It's an option that some of the counties have added in. It just depends on what seems to be important or most needed in that community. Mental health benefits, rehabilitation stays, the list goes on and on. It's a very comprehensive benefit that's been designed. We do seek both the county -- if it decides to implement program -- could enhance those benefits and add more days. It's a million dollar lifetime maximum benefit. There is no medical underwriting. There is no preexisting condition exclusions or waiting periods. Eligibility for the programs can vary from place to place, typically we start with a program of children K through 12 enrolled in school uninsured, not on medicaid. If they're eligible for the program, we can then certify them financially eligible for assistance by their enrollment in school lunch program. One of your neighbors over in Broward County, on the free lunch program, the children pay $10 a month for their coverage. On the reduced lunch program, they pay $25 a month for their coverage. And if they're not on the lunch program but they meet the programs criteria, they can still participate no matter what their income level, but they will pay a hundred percent for the coverage. When you add those sliding scales up, typically in our program, the families are contributing close to -- between 38 and 40 percent of the total cost of the program, so they're a significant contributor. In the brochure I passed out, there are some demographics that show you that the family profile, the age of the children enrolled typically, and it's a bell curve that peaks around 10, 11, and 12. We have numerous studies that are -- have either been completed or are on their way of the program. We did have a four-year demonstration grant with the US Health Care and Finance Administration which has been concluded. An exhaustive study was done by APT Associates out of Boston. I have the results of those. They examined utilization, patient satisfaction, perception of care. We have an active medical quality audit that we undertake in each project also. So, we're constantly monitoring the projects and looking for enhancements. Typically a community may add to its eligibility by adding children in preschool programs or little brothers and sisters of kids who are enrolled. But that is an option for future consideration. I'd be happy to take questions from anyone. CHAIRMAN NORRIS: I'll start. I'm glad that Mr. Saunders brought the newspaper article, because a quick perusal of the article brings out a very good question here. The school board, Collier County School Board endorses the program, but declines to fund apparently. Let's see, Palm Beach is being funded by the Palm Beach County Health Care District. In Dade County, it's Jackson Memorial Hospital. And Escambia County, it's being provided by several private hospitals. And in Alachua County it's being provided by Shands Hospital. And so the question becomes why in Collier County would you expect the general county government to fund it when normally it's being funded through the hospitals in other areas. Did our hospital decline to fund this? MS. NAFF: I don't go to a community and determine what funding sources are to be. CHAIRMAN NORRIS: That's perhaps a question that's better directed towards Representative Saunders. Did Naples Community Hospital decline to fund this? REPRESENTATIVE SAUNDERS: No, not at all. They are willing to work with us. We have no commitment from any entity or individual to fund this. We need -- we need some credibility, and we think that Collier County Government participation provides that credibility. We also -- let me go through this list because it's an interesting list. Palm Beach County, that's an ad valorem tax district. Dade County is the public health trust, which is an ad valorem based public hospital funded by Dade County taxpayers. Shands Hospital is part of the state university system and funded very heavily through state tax dollars. In Escambia County they mention that there are several hospitals that are providing. We only have one hospital, so that's a big price tag to say to one entity let's get you to pay the entire amount. CHAIRMAN NORRIS: I'm glad you used that phrase. COHMISSIONER CONSTANTINE: Couple of quick questions. Those two you mentioned Palm Beach and Dade County were both ad valorem based. Were those passed by referendum? I think Palm Beach was. That's why I asked. I have no idea -- REPRESENTATIVE SAUNDERS: Palm Beach was. Dade County is so old, I don't have any idea. MS. NAFF: I think Dade County is a half penny sales tax for health care that was adopted by Dade County. REPRESENTATIVE SAUNDERS: Is that Dade County or Hillsborough? MS. NAFF: They both did the same year I think. REPRESENTATIVE SAUNDERS: Well, Dade County does have a taxing district that's been on the books for decades. COHMISSIONER HANCOCK: The difference being both districts were set up specifically to address health care concerns in the community versus being a general fund obligation on the local government. That distinction does exist, doesn't it? REPRESENTATIVE SAUNDERS: I'm not sure. COHMISSIONER HAC'KIE: Maybe in those two. REPRESENTATIVE SAUNDERS: Dade County is an example of a taxing district; so is Palm Beach County, that has provided substantial resources with great results in terms of public health. And if you go over to Dade County to the public health trust, you'd have hospitals like -- you could just name a whole bunch of them that are centers of excellence that are well known around the world. we're really kind of mixing apples and oranges there. They do spend a lot of tax dollars there for health benefits, and they have a tremendous benefit from that. CHAIRMAN NORRIS: But the distinction is in both of the cases that you cited -- or all three of the cases that you've cited -- is that they did that through a conscious effort to set up something and perhaps with a referendum for the voters to set up a special fund for health care items, and that's not the case here in Collier County. REPRESENTATIVE SAUNDERS: That's correct. MS. NAFF: Maybe it would be helpful if I -- COHMISSIONER HANCOCK: I was just going to say I think -- at least what I'm wrestling with on this is no one can argue the benefits. There's no point in sitting here trying to argue the benefits of this type of program, because they're apparent. They're clear. The discussion I had with Representative Saunders yesterday was what's still going through my system is the funds that are currently being expended that would be alleviated to this program are for the most part not general tax dollars. They're dollars that are either spent in Naples Community on emergency care that are cost shifted to folks that are insurance paid. There are funds that are done in doctors giving services for free that they're not going to be reimbursed for. And should this program move ahead those funds then become available for payment of those services if necessary. The dollars don't return to the general tax base. Okay. That's not always the only litmus test for proceeding. And the title Healthy Kids is something you can't argue with. But if the title were publicly subsidized health insurance for children, you might have a different response. But we're really talking about the same thing. We're talking about taking general ad valorem dollars and subsidizing a health insurance program for children. That's where I have the rub, and that is whether or not it is indeed the responsibility of local county government to step into the role of subsidizing health insurance programs for its citizens. And, I'm sorry, I have a tough time getting over that hurdle, because it really is in excess of what we're being asked to do regardless of the benefits. The benefits are there. I don't argue that. COHMISSIONER HAC'KIE: But the question -- one analysis -- one factor to analyze in that, because you're right. That is the question -- what, corporately, as a government can we offer an opportunity to the residents of this county to pay less than they're presently paying. Because when we go to the hospital in the emergency room, we're subsidizing this health care. Could we offer the general taxpayer an opportunity to pay less for that subsidy. The subsidy exists through the extra charges that the hospital presently makes. Isn't this a cheaper alternative for the public. And they can't do that on a one on one basis, and isn't that a appropriate action for local government to take. CHAIRMAN NORRIS: Well, I have a little bit different perspective on what the question before us is today. I think we all agree that this is an excellent program. It has enormous benefits for the 3,000 people that it would affect. The question before this board today is who is the appropriate party to fund it on the local basis, and my argument is it's not the Collier County general government, because the Collier County citizens have not made a conscious effort that they want to additionally tax themselves to pay any kind of medical costs. They have not done that has been provided to us in some of their literature here like other counties have done. COHMISSIONER CONSTANTINE: Let me share a couple of important thoughts. I agree. Obviously the number one goal here is if we can make our kids healthier and their lives can benefit from that. Nobody can argue that. Everybody wins with that. And if we ultimately save some dollars by not wasting the emergency room, that's a bonus. That's a benefit as well. The only way you could make this picture any better is if we weren't tapping local tax dollars to do it and if you get all those benefits and you don't hit the taxpayer up for it. I've -- since being given this package at the end of last week, I've been on the phone with a few different folks, both corporate and our local hospital, and some others, and I am convinced that we can do this and have the program here locally but not do it with general ad valorem tax dollars. And what I'll do today is I'll make a commitment myself to work with Representative Saunders and whom ever else is appropriate to put together a local group who can fund this. I think we can get the job done and not hit the taxpayer with it. REPRESENTATIVE SAUNDERS: Let me make a couple comments. First of all, in reference to Commissioner Hancock's issue of what is the real role of government. I think that we can all agree that one role of government is to protect children. We do this -- you do this every day when you spend money on a juvenile detention center or juvenile drill camp. You are spending lots of money trying to deal with children, because we know as adults that we have a responsibility to our children. We're not talking about children in another county now. We're talking about our children. And so I think that you can certainly argue that government has a substantial role in protecting our 3,000 children covered by this program. COMHISSIONER HANCOCK: Why not our sixty-five hundred, Butt? REPRESENTATIVE SAUNDERS: Number two -- COMMISSIONER HANCOCK: Now, wait a second. I have to take exception to that, because that's how you tug on the heart strings of people and you get us to make decisions based on our emotions instead of what we feel is a principle-based issue. If our responsibility is to protect those children, why stop at 3,0007 Why not go to sixty-five hundred and double the amount? There are those financial limits we have to deal with and the role of government has to take those into consideration, not just what we want to do. MS. NAFF: I would like to respond to that 6500 versus 3,000. Those numbers were developed on our experience. We find that of the ultimate population when given an opportunity to enroll, half will elect to do so. So we feel that 3,000 is really reaching all of those families who would desire to participate. COMMISSIONER HANCOCK: I do take exception to that we're ignoring the kids if we don't approve this, and I know that wasn't maybe your intent, but Lord knows it will come out in the letter to the editor, so I thought I'd address it anyway. REPRESENTATIVE SAUNDERS: In terms of the funding for this program, the way this works is the first year the local matches five percent. That's $90,000. The second year it's ten percent. And then it's 20 percent, then 30 percent, and 40 percent. Eventually, when it gets up to 40 percent, the local match is $720,000 plus or minus. Now, we are committed -- and I appreciate your offer of assistance, Mr. Constantine, but we are committed to raising local dollars for this program. That's an absolute given, because we're not going to come back in 1997 and say okay we need $180,000 for this program. We're asking Collier County Government to levy .005 mils to help us -- give us the credibility we need to fund raise privately. We're not going to ask you for more money next year. We're going to ask you for the .005 mils, but we're going to have to raise $90,000 next year, $180,000 the next year, on up to $360,000, on up to $540,000 we're going to have to raise from private funds. And I think it's shortsighted to simply say, "Well, we will tell you we are supportive of this program, but you go raise all the money for it." We're going to raise the bulk of the money for it, but we need some help. COMHISSIONER CONSTANTINE: Did you ask the school board for money? REPRESENTATIVE SAUNDERS: I was not able to attend the school board meeting, because I was in Tallahassee. COMMISSIONER CONSTANTINE: But was the request made right before the school board for funds? REPRESENTATIVE SAUNDERS: I don't believe so. COMMISSIONER CONSTANTINE: I guess because your comment there is it's shortsighted to say we support it, but we're not giving you any money, and that's exactly what the school board did. REPRESENTATIVE SAUNDERS: As Rose Naff indicated the school board is participating by providing all of the logistical support that we need to make the program work. COMHISSIONER CONSTANTINE: And what I'm suggesting is -- I hope we can, and I will personally work to make the program work by helping facilitate getting that $90,000, but I'm hoping to do that -- my offer is to help do that from some source other than a taxpayer, and I think we can realistically do that. I mean, is there a reason why the taxpayer has to pay it? If we can still get the programs in place and have all the benefits for the children and have the local savings at the hospital, which benefits us all -- you're right -- and do that without hitting the taxpayer, what's the objection to that? REPRESENTATIVE SAUNDERS: Well, I know the realities of raising money, and when we're talking about raising $520,000 or $780,000 for an insurance program without any government support other than lip service, we've got real problems. That's the reality of it. And I think everybody on the board understands that. So your offer of support in terms of fundraising is appreciated, but it doesn't get us to where we need to be. We have one other speaker that I'd like to ask -- and he'll be very brief -- Dr. William LeShide is representing the Collier medical facility, is a well-known physician and has more energy and enthusiasm than I ever hope to have. COMMISSIONER MATTHEWS: Mr. Chairman, before he gets started, I would like to ask a question to Mr. Dotrill. Mr. Dotrill, in our current county budget that the taxpayers of Collier County is paying for, the self-insured programs for medical insurance that we have, what is that costing us each year? What is it costing the taxpayers? COMMISSIONER CONSTANTINE: I didn't hear the question. COMMISSIONER MATTHEWS: The self-insurance program that we're currently supplying employees. MR. DORRILL: I'll say offhand $2 million. COMHISSIONER MATTHEWS: Two million? MR. DORRILL: That's just a guess. I don't know exactly. COMHISSIONER MATTHEWS: And Included in that cost is the cost shifting Commissioner MAc'Kie has talked about. The hospital bills us for part of that cost shifting for caring for these young children who come into the emergency room who have fevers and what have you that ordinarily could go to the doctor; is that not true? COMMISSIONER MAC'KIE: Of course, it's true. COMMISSIONER CONSTANTINE: Are you suggesting that hospital rates will go down if we approve this program? COMMISSIONER MATTHEWS: I'm suggesting -- exactly that, that hospital rates may well go down or at least not accelerate anymore if this program is approved. And, frankly, I like the concept of the government stepping forward with a small amount of money and then a citizen group forming itself of which I'd be more than happy to work with as well to go over the next four years and secure the $700,000 that it is going to take to keep it going. COMMISSIONER MAC'KIE: We do matching grants for roads. We do matching grants for so many things in this county. It seems like we could do -- CHAIRMAN NORRIS: Commissioner MAc'Kie, that is our business. We build roads, we build parks, we build libraries. We don't do social services. The board has made a conscious commitment not to do that. We don't subsidize social services for people. COMMISSIONER MATTHEWS: We do social services. I'm sorry, but we do -- REPRESENTATIVE SAUNDERS: Let me say one thing also at this point. This is a type of issue that you're going to be dealing with as a commission much more frequently in the future. As we devolve power from Washington down to Tallahassee in terms of welfare and Hedicaid and lots of other programs, you're going to wind up dealing with these types of issues. As a matter of fact, there was a proposal before the health care committee this past legislative session in the event that there are block grants from Washington or Hedicaid, they have a block grant programs to the local commission districts, which would result in 67 Hedicaid programs. These are the types of issues you're going to be dealing with much more frequently. DR. LESHIDE: Thank you very much, Mr. Chairman, members of the board, Mr. Dotrill. At the present time I feel a little sorry for you up there, because I know you know it's a motherhood and apple pie issue, and you don't want to turn your backs on it. I speak for the health care advisory committee, the Collier County Medical Society, and for the children of Collier County. As you've already heard the Healthy Kids Program is a school enrollment based program of subsidized insurance premium for lower income families on a sliding scale. The children of these families would no longer need to worry about access to health care for their illnesses or for preventive medicine. They will no longer have to wait until the children are so sick that they need the hospital emergency room or hospital bed before getting treatment. They will have the same access to quality medical care that your families and mine enjoy. The Healthy Kids Program is a design that highlights the best in public-private partnerships. You've heard some of the figures, and I'm not going to go into those, but at this point we have a window of opportunity to have Collier County be number nine or ten, whatever the numbers are, as far as the Florida counties that are able to participate in this Florida Healthy Kids Program. With your help we can seek the state funds, and these obviously are for our kids. The Healthy Kids Program has the support of our county, of the Collier County School Board, the Collier County Medical Society, the Collier County Medical Society Alliance, the Naples Community Hospital, the Health Care Task Force, the League of Women Voters, the Collier County Public Health Unit, the Healthy Start Coalition for Southwest Florida, and the Alliance for Children. This program needs financial support from the county. We need it. I understand and I appreciate, Mr. Constantine, your willing to help out with this program from a standpoint of private sources, and I applaud you. Anybody else in the room that would like to dig into their pockets, we would certainly be happy to have contributions. But we do need financial support. Unfortunately we need it in a hurry in order to be competitive against the other counties who are bidding for these state dollars. I know that the Collier County -- I know that this body, the Collier County Commissioners, will not turn their back on the children of Collier County. Thank you. Now, I do have another spokesperson who happens to be an intern of mine. Now as you probably know, some of you have participated, but the Collier County Medical Society has an internship program to shadow physicians for two days, and I would invite all of you who have not participated in this to do so. But I'd like to introduce, if I may, Dr. John Cardillo. MR. CARDILLO: I'm John Cardillo, and I have been a long admirer of Dr. LeShide, and I did actually intern with Dr. LeShide, and it brought me to the epiphany of whatever professional ambition I ever had. And that is while I was in his office visiting with his patients and following him around in my white jacket and my stethoscope, he went to perform an operative procedure in his office, and I was there assisting him at which time over the loud speaker it said, "Mr. Cardillo, there's a telephone call for you from your office," and I turned to Dr. LeShide and said, "This is my moment. Would you tell them that I'm in surgery." And for that, Dr. LeShide, I will be forever grateful. I wanted to make couple of remarks about this particular project. I served with Dr. LeShide, who in my opinion is the spokesman for the conscious of the medical community in this county as well as for the public, and I know his commitment to this project. We have to look at this in some other perspective, and we can rationalize whatever we want. We can have paradigms. We can have tracks. We can have all kinds of rules and regulations and policies. But when you look at this matter in perspective, the county has been in the health providing and funding of health provisions for many, many years in one way or another. We've done it in Immokalee for years, and we've done it in Collier County down here in Naples through the hospital, and we've done it through the county offices. We've done it through our public health service. As much as I know we enjoy the benefits of our golf and things like that in this community, we have rationalized, properly so, that we can take money from a specific source and pay hundreds of thousands of dollars for somebody else's golf tournament to ultimately benefit the economy of our community, and we can do that with respect to fireworks, because it comes from a particular course. We've rationalized that when you take and support those things, but when you take a look at that, and then you look at what is in the ultimate economic benefit of our community for our children, the amount of money they're asking for and the method by which they're asking for it should put it in some kind of perspective that we will spend a little bit of money now and save our community millions of dollars later, and I would ask you to support this project. Thank you. (Applause) MR. DORRILL: Dr. Polkowski, and then, Ms. Campbell, if I could have you stand by please. DR. POLKOWSKI: My name is Jane Polkowski, and I'm the director of the Collier County Public Health Unit. I'm here to speak about the benefits of the Healthy Kids Program, which of course you all recognize and have heard about. It will provide great benefits to the children in Collier by giving affordable health insurance for those who are not eligible for Hedicaid and who lack other health care coverage. Many people erroneously think that Hedicaid covers all the medically indigent, and it doesn't. For most school children household incomes have to be at less than one-third of the federal poverty level. So that's really a poor level for Hedicaid coverage. And then, of course, many of the families do not get health care coverage through their work, and cannot afford it. So this is a program which can make it affordable through a sliding fee scale. A number of studies have shown that when children lack health insurance, they are more likely to delay health care and get complications, which can then lead to less productive adults, besides of course being less productive students and while they're children. And studies have shown that there's tremendous cost savings to the community, to all of us in our society, by providing ongoing basic and needed health care for children. Government has a responsibility to protect and promote the health and safety of its population, and I feel that Collier should make the Healthy Kids Program possible for our children. Healthy children will be better students and more productive future adults in our county. Thank you. COMHISSIONER HANCOCK: Excuse me, Dr. Polkowski, I have a question for you. If I have a child and don't have health insurance, and I come to the Collier County Public Health Unit and request a checkup, can I get it today? If I walk up today and don't have health insurance. I have a child. They need a checkup or need a physical exam for school or have a cold, and I come to the Collier County Public Health Unit, will I be seen? DR. POLKOWSKI: Chances are you won't be seen today. COMHISSIONER HANCOCK: But I will be seen? DR. POLKOWSKI: If we have the openings available -- there is a problem with the current ability to provide health care for people who lack financial resources. Health care services cost money, and when people don't have the funds to pay for the services that they get, the health care facilities are also limited in terms of how much care they can provide. And so it is, in fact, possible for a number of children to get care, but it's also difficult for children to get all the care that they do need, and also there's a limit in terms of how much children can be accessed. COMMISSIONER HANCOCK: But it is happening. You are doing it on a daily basis. You are seeing children at the public health unit that do not have medical coverage. DR. POLKOWSKI: Not all. There's a lot that are not being served, because it's not possible to reach all children. COMHISSIONER HANCOCK: I'm aware of that, Dr. Polkowski. I'm aware of limits. I was asking if that is happening right now, and the answer is yes. DR. POLKOWSKI: Yes, to a limit. Right. MR. DORRILL: Ms. Campbell and then Ms. Shapiro. MS. CAMPBELL: Ann Campbell with the League of Women Voters of Collier County. I don't want to restate a lot of the points that already have been made. I would like to say, though, that the League at the state level advocated for this program, for the expansion of funding for this program. And as a member of the state board, I would really like to see us get it here in Collier County. The community has repeatedly stated concerns about access to health care and about affordability of health care in our focus and in our visioning. And I think many of us been involved in that process hope that you'll strongly consider this program. It's really a very good thing. MR. DORRILL: Ms. Shapiro and then Ms. Morton. MS. SHAPIRO: Hi. I'm Ira Shapiro. I'm president of Naples Alliance for Children. You're probably going to think I'm going to start in repeating what everyone else has said on how we have to do this. It's great for the kids. You know that. That's a done deal, right. You know it's done. Well, you may not know it's done, but they do. They know that it's needed in this county. You're not going to pay for it, right? You feel you shouldn't pay for it. First of all, I'd like to correct one of the things that was said. I hate to correct Jane Polkowski, but the health unit is no longer giving -- running the clinics. CHSI is running the clinics in -- as a public-private partnership with the public health unit. I think you realize this. The reason this was done was because funding for public health at a national and state level was cut to such a degree that public health is no longer able financially to have those clinics take care of themselves. So CHSI is running those clinics. I thought this year that the Naples Alliance for Children would be able to do away with our free physicals for kids coming into the schools. We cannot. There are too many kids that have to wait too long who come into school with medical problems that need taking care of before they even enter school. I'd like to just say that we are -- we're taking care of roads. We're taking care of fireworks from wherever the monies come from. We're taking care of a lot of things in this county for us that we're supposed to, and I grant you we need to take care of roads. We had landfill. You have all that stuff coming before you all the time. But who's going to use those? Who's going to use those? It's going to be your kids. Not my grandkids, because they live up north, so I don't care. I just care about keeping those tax dollars down. But those kids -- you're putting money into juvenile crime. But those kids, if they're taken care of at a level where they -- when they're in preschool, when they get into school, where they don't fall back in their school work, which then pushes them out of school. They'll drop out, and then you're going to be paying money for crime prevention. Crime prevention is popular. Health prevention is not popular. Let's make it a little bit more popular. Thank you. (Applause) MR. DORRILL: Ms. Morton. COHMISSIONER HANCOCK: Was that a suggestion to fund this out of the sheriff's budget? MS. MORTON: Good morning. My name is Linda Morton. I'm the president of the Collier County Council of PTAs, and the Collier County Council of PTAs supports the Healthy Kids Program and its implementation. We believe that in order for children to be better prepared for learning, they must be healthy. I did have a unique opportunity. Every year I help with the health screening. One year I was in the group that did the hearing screening, and I don't know if any of you have been able to do that, but when children have colds they don't hear. I kept thinking, "My gosh, what's wrong with all these kids? They can't hear." And the person who was from the health department with me said, "We need to see them again, because they can't hear because of their colds." So, they had to rescreen them. But that's something that I think, you know, is kind of an interesting thing to think about when you think of the number of kids in school that have difficulty learning that may have a chronic sinus or other kinds of problems that's aren't detected because they aren't going for physicals that are really having a difficult time learning. The Healthy Kids Program would provide comprehensive year-round health care coverage to school-age children on a sliding scale, and we believe that this availability of this type of coverage is especially important to families in Collier County since many of the jobs in our county are in the areas of retailing, hospitality, service, tourism, or agriculture, and a lot of these people don't have the opportunity to get health care for their children. Being a volunteer in the school, I know a lot of the parents, and I've heard them say that they really can't afford health care for their children or coverage or routine physicals because they want to pay their bills and they kind of save their money and wait until a crisis happens, and then go ahead and pay. They are very proud people, and they work very hard, and they work very hard in our community for us, for all of us. This particular program will allow an opportunity for a all parents in Collier County to give their children the two most important tools to success, good health and a good education. I would like to also say that I don't know if you're aware of it, but every year the state issues a report on every school gathered from the statistics from those schools, and they report on things such as dropout rate and -- not income level, but just a variety of things. It's called the Florida School Report, and they do report in here on the number or the percentage of students on free and reduced lunch in the various schools, and I thought it might be interesting for me to tell you some of the higher rates of free and reduced lunch right here in the area of Collier County. Avalon Elementary School has a 74.5 percent rate of children on free and reduced lunch. Manatee Elementary has a 67.9 percent rate of children on free and reduced lunch. Shadowlawn, 57.7; Lely Elementary School -- that's where I'm involved -- 52.7; Golden Gate Elementary, 52.6; and Golden Terrace Elementary, 41.5. These schools would benefit. The parents would benefit from this program. And I really hope that you would support it and help the parents and the kids in our county. Thank you very much. MR. DORRILL: Ms. Mossikella. COMMISSIONER MAC'KIE: While she's coming up, two comments. One is my attempt to persuade one more -- because I see another button down there on other end -- in my attempts to try to find one more vote on this board. Please pay attention to those numbers that you just heard on free and reduced lunches. Those are people who live in your district who are going to vote for you if you get their kids some health insurance. Be practical about it. (Applause). COMMISSIONER HANCOCK: Are you advocating preservation of our office over principle? COMMISSIONER MAC'KIE: I have one other question that I want to ask somebody. Is it possible to find out how much Collier County tax money goes into this state program so that we could try to find out how much money that we're sending out of the state -- out of the county? MS. MOSSIKELLA: Yes. My name is Kate Mossikella. I follow the school board issues very, very closely, and I've been following this issue to the extent that the public has been involved in it. First of all, what you need to understand about education funding is that nearly 50 percent of our children are on free and reduced lunch programs, and in my personal opinion, that is the funding mechanism for a variety of other federal and state programs, so it behooves the financial area to seek funding in that way. So I don't consider that necessary -- or necessarily real number of need. But I think more importantly, this is really part of a much larger debate. What are the roles of the schools, government, and families, where do those lines cross. Is it fair to ask this board to address a national health care problem that, you know, where we're going to apply a solution possibly that's only going to make it worse? And I'd also like to point out that recently the president vetoed tort reform, which would have allowed doctors to volunteer their time free of the liabilities that they now face if they vote to do that. So there are less doctors giving of their time freely because of the burden of the lawsuit. COMMISSIONER MAC'KIE: Which is an argument in support of this program. MS. MOSSIKELLA: No, it's not. It's an argument in support of tort reform. Secondly, this was heard on April 18th by the school board by Dr. LeShide, and this was not placed in the regular agenda or on an old business. It was placed on comments from the public. He did not ask them for an endorsement. When the paper is writing -- I have to disagree with you, Mr. Saunders. I don't think the paper had done a good job of covering this at all. They waited almost a month before they even talked about it. When they endorsed this in 1991, they applied for funding. I really don't know the details of that argument, however, they didn't get it, and to use that '91 regular vote put out before the public and on a regular agenda as an endorsement today I think is unfair to the public. And if it's so great, why are only nine counties doing it? There were only seven in '94, by the way. Secondly, this is a three-prong issue really. This is another source of my frustration. In October 1994 the Naples Alliance for Children had a workshop at the school board and presented a comprehensive holistic health/sex education program. Now, they didn't get anywhere with that, and it would have included nurses in the schools very comprehensive where they could be charged with Medicaid so on and so forth. Well, since that time three different issues have all been brought separately totally ignoring the integration of the issue. And I'm concerned about it, because also on April 18th, Mr. Ed Morton made a presentation to the board that was listed as an agenda item, Naples Community Hospital benefits agreement. When I saw that I thought that was our employees of the school system. It wasn't until he spoke that I understood what, in fact, he was offering. And, again, it's not going to cost the school board anything. Well, if it doesn't cost anything, sure, you know, that's been the attitude. I don't feel that, in fact, there is really very much public knowledge about this at all. Secondly -- or fifthly -- whatever we're up to now, these benefits probably exceed what your own employees are getting. Do your children get eye glasses in there program from the county? I know in private sector they do not, and I think that's a legitimate consideration. I'm concerned about how many more free and reduced lunch recipients will we have. I have a privacy issue here. This is a supposedly a private insurer, Blue Cross/Blue Shield, even though it's run through a state program. Same thing with the Naples Community Hospital situation. When these people -- some of them certainly need -- share all of that private information with the schools, do they automatically become part of a marketing program? Is there any protections? Because there were no guidelines instituted by the school board when this was even discussed, so there is no policy that really will guide or protect anyone. And they're going create a data base and so on and so forth. And I'd also like to know how many emergency room visits take place during the hours when doctors are not generally in the office. People that have children ought to know that after a certain time in the evening, you can't reach a doctor. So I don't know if that's necessarily going to cut down emergency room visits. And I think I pretty much covered the issues that I'm most concerned about, and I think it's very unfair to put this board in the position right now where you're going to be the bad guys if you don't approve this. I don't think -- it's much, much larger debate. Thank you. MR. DORRILL: Mr. Erlichman, then Ms. Stevens. MR. ERLICHMAN: For the record, Gil Erlichman, East Naples, and I'm speaking for myself. The thing that I've heard most of all in so far as money is concerned is grants, federal grants, state grant. Let's call it the redisbursement of taxpayer dollars, which is all that a grant is. It's my and your tax money being redistributed to someone else for certain purposes. So therefore these grants are not gifts from the great God above or from some benevolent person or part of our society. Itws our money being returned to us. For the second time today -- this morning I was confronted with one sheet of paper in the executive summary, and this blue sheet of paper is a letter concerning this agenda item, is a letter from Mr. Saunders to Bettye Matthews. And Iwll excerpt a portion of it, because it refers to the Healthy Kids Program, and it says, as you probably recall, this is the program whereby the state pays a portion of the insurance premiums or private insurance to cover school-age children only. In addition to the funds paid by the state, a portion of the premiums, less than ten percent, must be paid through a local contribution. The school board has endorsed this program -- and they just found out that the school board didnlt endorse the program -- endorse this program, and will work with the county to implement it if a local funding source can be identified. Well, that means that theylre not -- the school board didnlt vote to give any money or theyld endorse the program according to this, but theylre not going to give any money. Though an effort is being made to locate funding assistance, it is hoped that the county will endorse the program and agree to provide local funding in the event that private sources are not available. Okay. According to this letter theylre talking about private sources for funding, so why are they here now asking the county taxpayers to provide I think -- what is it -- $90,000 for a start for this program and eventually as Mr. Saunders said before, it will work up to over $700,000 per year. In other words, itls incremental steps. Each year the funding becomes less and the local taxpayers in Collier County will have to pay more. COMMISSIONER MACIKIE: Although they said theylre not going to come back --MR. ERLICHMAN: Well, I donlt believe that. I donlt believe that. I have heard that promise before made right before this commission, and it never happened. They came back for more money. Iim a grandparent. Iim a senior citizen so, therefore, I could be earmarked that I donlt care about children, but that is the hot button, children. Our hearts go out when we see a child regardless of whether the child is healthy or sick. We feel -- we feel for the child because welre human beings. Itls natural. But the idea to come here and ask for taxpayer funds when actually this money should be asked for in private sources. Iim a member of The Elks. We fund the Florida Elks Childrenls Hospital in Unitilia, Florida. Itls a 50-bed orthopedic pediatric hospital. Itls any child between birth and six -- seventeen years of age can go to that hospital and have orthopedic correction to their spine, their legs, whatever. Itls all free as long as they can not afford to pay. Itls a 50-bed hospital, and itls funded entirely by The Elks by private sources. There was no tax money involved, no federal money, no state money. Itls funded entirely by the Florida Elks. There are many other organizations out there, charitable organizations, which provide tax-free money for care of children. Thank you. MR. DORRILL: Ms. Stevens. MS. STEVENS: Thank you. Iim Jackie Stevens, and Iim the executive director of the child protection team here in Collier County. Iim also a parent of a child who is school age. I would like to urge you in listening to all of this today. In the years that Iive been in child protection, I've seen state money dwindle. I've seen federal funding that is supposed to trickle its way this far south, and it never makes it. I've seen a big effort on the part of the government to turn control over to our communities for a grass-roots effort. I would like to urge you that it is the responsibility of our county government to be involved in the lives of our children, because our children don't have anybody else. So please keep that in mind that our kids need your involvement. That's all. Thank you. MR. DORRILL: Mrs. Cook. MS. COOK: Hello again. I'm Debbie Cook, chairman of the Collier County School Board. And I would like to clarify some of the things said today. The school board did endorse the Healthy Kids Program application in 1991, and my recollection is that by unanimous vote the board did consider this again a month or so ago, and it was endorsed by consensus at that meeting. The board was not asked to fund the proposal. I wouldn't speculate as to the rationale for not asking us to fund it, but I would personally suspect that it has something to do with the perception of the mission of the school system versus the mission of the county. The county's mission is much more broad. You're asked to do all sorts of things that your school system is not. We specifically are responsible for the education of the school-aged children in Collier County. We don't address all the multitude of issues that the county addresses. Nonetheless, the school system -- the school board did see fit to support this proposal and to offer in-kind support through the administration of the proposal and identification of children, access to the kids to enroll in the program. We do think it's a good idea, and I just want to again reiterate that we did endorse this. I can find the records and demonstrate to Mr. Erlichman and Ms. Keller that the board did vote on this in 1991, and it was endorsed specifically. Thank you. MR. DORRILL: Ms. Cook is your final speaker. COHMISSIONER MATTHEWS: Mr. Chairman, I'd like to hear more from Representative Saunders if he has anything more to say, but I'd like to make a few comments. REPRESENTATIVE SAUNDERS: I think the only thing I would say is I'd like to thank the board for your indulgence. I know this is a tough issue, and I am sympathetic with the position that you're in. I've been in that position, as you all know, from time to time, and continue to be in that position as member of the state legislature. I think that we're dealing with -- we are dealing with emotions, Commissioner Hancock, and sometimes emotions can help dictate what policies and principles should be. We've got a matching program where 95 percent of this program is paid. We can say by the taxpayers because that's where the money is coming from, but it's paid by an outside source, by the State of Florida. Citizens of Collier County are paying into that in their general revenues to the state, but it's 95 percent matching grant program. Mr. Erlichman -- and I don't often agree with Mr. Erlichman, but I will on this point. He said this is a tax program where tax dollars are being redistributed. That's what happens with tax dollars. He also said -- and I wrote this down. He said, "Our money is being returned to us. He said that. Now, I don't think he meant to say that, but he said that. And the money he's talking about that's being returned to us is the 95 percent that will match your 5 percent. That money is being returned to us. If you don't do that, we run the risk of having that money go elsewhere. Now, why do we need $90,000 from the county now? The reason is that the Healthy Kids Corporation budget has to be finalized in June of this year. That's a few weeks from now. If we don't have commitments for the $90,000 now, then in June when the Healthy Kids Corporation is budget set for 1996/1997, they're going to take the other counties that we listed that are going to try to expand their programs; Palm Beach County, Dade County. Remember, Palm Beach County is paying five times or four times the local match required, because they want to be in this program, because they want their money going back to them. And I think that that's the message I will leave with you. Thank you very much. CHAIRMAN NORRIS: Commissioner Matthews, you have some comments? COMHISSIONER MATTHEWS: Yes, I do. I can think of several reasons why we ought to support programs such as this. One of them being that we, this board, in the last two and a half to three years have gone through a really searching and heart-wrenching problem of solving medical insurance problems for our own staff in arranging in the end PPOs and other insurance products. At one point, we were really considering taking the health care for our employees outside of Collier County in order to meet those costs. Another issue, employers in Collier County have an increasing reluctance to provide health insurance for their employees as they, quite frankly, are continually squeezed by government regulation dollars and by the consumer's demand for lower and lower prices, so they cannot provide the health insurance that their employees need. It's just a bottom-line effort. Also these funds as Representative Saunders has said are earmarked for this program. Collier County can decide to participate or not, but I think we have here an opportunity to give our employees or employers and their employees and our kids the safety net that they need for health insurance purposes. They deserve it, and the devastation that caused by childhood problems, illness, in the form of hearing loss, vision loss, respiratory distress -- those problems remain throughout their lives, and it's an economic loss that we, this county, can never recover it. Once it happens it just can't be helped. This happens not only with the undercared person but the undermedicated child, the child who gets medical care from their physician but can't afford prescription, can't afford to renew the prescription when it has to run one more course. There are lots of reasons, and the complications of these diseases not only hurt the child and their family, but the economy, and so this is a far-reaching problem. We've got to look at 11 year olds who are going to be 20 year olds some day. And with that, I would just like to conclude that we do endorse this project and that we do find a way to fund it. Should private money not become available, we need a commitment to meet the budget with the Healthy Kids Corporation by June. I'd like to make that commitment, and I'd like to make a motion that we do endorse the project, that we do provide the $90,000 being requested assuming that private funds cannot be raised in time to meet the June commitment. COMHISSIONER MAC'KIE: Second. COMMISSIONER HANCOCK: May I ask what the source of the funding is? COMMISSIONER MATTHEWS: Probably the same source that will fund the Sheriff's $5 million funding. (Applause) COMHISSIONER CONSTANTINE: I support the program and endorse the concept completely. Obviously, it's good for kids, good for the community. It's a great idea. But, again, I repeat I made on Friday and Monday some calls and received informal commitments for funding. Now, if I can do that in two days, I have no question that we can raise $90,000 to fill the entire block. I use the analogy if I went to the grocery store and bought $90 worth of groceries, and I had in my pocket either coupons or a gift certificate that would pay for those groceries, and I just chose to ignore them and spent $90, you'd call me a fool. It's not a matter of do I need groceries or not; it's a matter of wise expenditure of dollars. Now this is the exact same thing. It's not a matter of whether or not we need healthy kids, because we do, and we can move forward with this program and have all the benefits you outlined, but let's not be fools with the way we spend the money. There are sources out there like those coupons or gift certificates. And, again, I make the commitment for the third time now to work with you to assure that. I think we can move forward with the program, and we should. But I don't think we should just put up $90,000 when there are other sources out there for us. COHMISSIONER MATTHEWS: Commissioner Constantine, I just need to correct something. I'm not asking this board to put up the $90,000. I'm asking them to put up the $90,000 should private funding not be available. If we can raise that money in the next week or ten days or whenever it is that the budget needs to be finalized, fine. I'll help do that too, but I want to make sure that this program moves forward. COHMISSIONER CONSTANTINE: Let me ask Representative Saunders one question. In your letter to Commissioner Matthews, it says you hope this county will endorse the program and agree to provide local funding in the event private sources are not available. What have you -- have you attempted to get private sources -- REPRESENTATIVE SAUNDERS: The committee that we have formed is beginning the process of doing that. We may very well be able to raise that money between now and two or three weeks from now COHMISSIONER CONSTANTINE: I guess what concerns me is this is dated April 23rd, a month ago, and you haven't gone to any private sources. Your first stop on the tour was here looking for public money. And It seems to me that with the content of this letter that the first logical step was to go to the hospital and go to the other sources and try to raise those private monies, and then if you were $10,000 short or $30,000 short, come here. But it's a much harder incentive to do that backwards and say, well, we'll put 90,000, and good luck, raise what you can. REPRESENTATIVE SAUNDERS: Well, as you can well imagine, on April 28th I was relatively bogged down in some legislative matters that certainly took the next ten days. The issue of fundraising is -- as you all know, it's a very difficult one. We're not looking at just simply raising $90,000. We're looking at next year raising $180,000, and then next year raising $360,000. And I've said this before when I was a member of the County Commission. If we can get the additional credibility that comes with County Commission funding, then we can go to the hospital, and we can say, hey, listen, we've got the county political leaders in support of this program, and you better consider helping us out. But to simply say to the community, well, we got the support of the county commission in the sense of, well, they think it's good program, we should take care of our kids, but we're not going to back that up with anything of substance, then I think that makes our job this year and our job next year and the year after -- It's not impossible -- darn near impossible. That's why we need this extra boost to get us moving in terms of the perpetual funding for this program. CHAIRMAN NORRIS: By that statement do you mean to indicate then that you have not contacted the hospital at all? REPRESENTATIVE SAUNDERS: No. I said that we have been in contact with the hospital. We have been in contact with several potential sources of money. We don't have the commitments. I think everybody is kind of waiting to see whether this program is one that's going to be put together properly. CHAIRMAN NORRIS: Absolutely. And that's the problem with the motion that's on the floor is that if we're going to give a safety $90,000 commitment in case no private funds come forward, guess what, there aren't going to be any private funds come forward. That's a self-fulfilling prophecy. REPRESENTATIVE SAUNDERS: We're not fundraising just in 1996. This is a program that we want to be in place and operating for the next 20 years in Collier County. And in order to do that we know that no matter what you do, we're going to have to raise a lot of money to make it work. COMMISSIONER HANCOCK: If this request was for a subsidy that would provide insurance for 3,000 adults, it never would have made the agenda. The reason it's here is because it deals with kids. REPRESENTATIVE SAUNDERS: And I never would have asked if it had anything to do with people other than children. COMHISSIONER HANCOCK: Even though the benefits for providing insurance for 3,000 adults would parallel what's presented here, no one would think to bring it to this board for consideration. Yes, the monetary benefits that everyone is talking about are still present with the lack of insurance for adults as it is for children. I keep hearing about the savings. Funds will be saved here. Funds will be saved there. Funds will not be expended here. And I have a nasty little habit of funding things with the savings that are accrued. And that's the way we've approached budget items in the county at least in the year and a half I've been here. I'll point out the domestic violence unit as a perfect example. We're able to fund that with monies already being expended, restructuring it with a nominal increase, and the result is going to be a reduction in case load, and they could show that with the tracking. What's being asked here is a complete additional $90,000 on top of everything else. And I've heard local government referred to as the safety net, and where I run into a difficulty with principle is that government as a safety net has put us in the condition we're in federally, state, and local, and that we are committed funding for so many things that used to be the prudent responsibility of the individual. And based on that the only way I can support this is if the money allocated results in an exact commensurate reduction in the Collier County Public Health Unit budget dollar for dollar. And if that can't happen then we need to go after where the savings actually are going to exist. Otherwise, we're adding -- just being asked to add to public health unit commitment or public health commitment and I'm not comfortable doing that. COMHISSIONER CONSTANTINE: I'll tell you where a big chunk of the savings is going to exist is the indigent health care the hospital provides and tells us year after year they're providing and then spreading among the rest of the users. COMMISSIONER MATTHEWS: And that will be my first stop to try to offset the $90,000. CHAIRMAN NORRIS: Commissioner Mac'Kie, you had something -- COMMISSIONER HANCOCK: I already had the answer to Dr. Polkowski. I know the answer. REPRESENTATIVE SAUNDERS: I remember not too long ago when I was sitting up there where you are that Dr. Polkowski was very effectively, and rightfully so, kind of on her hands and knees asking for money so for me to turn around and say, Dr. Polkowski, can we pull $90,000 out of your budget, I wouldn't purport to do that. I just can't do that. COMMISSIONER MAC'KIE: What's the deadline for the application? REPRESENTATIVE SAUNDERS: The application has been filed. I think the -- COMMISSIONER MAC'KIE: I'm sorry, the budget or -- DR. POLKOWSKI: Our board will be meeting June 24th. We're finalizing the commitments, and all budget work papers are in development right now. The deadline would be June 19th that we need the commitment. COMMISSIONER MAC'KIE: Mr. Dotrill, what's the meeting right before June 19th, the next board meeting? COMMISSIONER MATTHEWS: Near the 18th. MR. DORRILL: The 18th. COMMISSIONER MAC'KIE: We have a meeting on the 18th? I'd like to make a motion to table Commissioner Matthew's motion until June 18th. And let's see where we are on the 18th. Let's see if we have anything from there. CHAIRMAN NORRIS: We have a motion to table which takes precedence over all other motions. Is there a second to table? That motion dies for lack of a second. Is there a second for Commissioner Matthews' motion? COMMISSIONER MAC'KIE: I seconded it. CHAIRMAN NORRIS: Okay. COMMISSIONER MATTHEWS: Commissioner Mac'Kie, if you make your motion again, I'll second it. COMMISSIONER MAC'KIE: I make a motion we table Commissioner Matthews' motion until the meeting on June 18th. Let's consider this because at least then you can find out what the answer to your question is on private funding. The challenge is in your face at that point. Get the private funding and we'll withdraw this on the 18th. COMMISSIONER MATTHEWS: I'll second the motion. CHAIRMAN NORRIS: We have a motion to table which takes precedence over other motions. All those in favor, signify by saying aye. Opposed? CHAIRMAN NORRIS: The motion fails by two to three vote. REPRESENTATIVE SAUNDERS: Mr. Chairman, obviously I can count to two, and we don't have the votes to get funding from the county commission. I don't want to put you in a position of having to vote against a motion that will be perceived by the public and the whole world as a vote against children. And with that in mind, I would ask perhaps if Commissioner Matthews and Commissioner Mac'Kie would go ahead and withdraw the motion. We'll withdraw the agenda item -- COMMISSIONER CONSTANTINE: Let me make a suggestion. If Commissioner Matthews would withdraw the item, rather than you withdrawing the agenda item in lieu of the motion, I make a motion we, A, support and endorse the program, but, B, this board makes a commitment to work with you in the next 30 days or however many days that is between now and June 19th to raise that money privately, because I think that each one of us has particular actions. You certainly do, and I think that can be done. I know for a fact that it can be done, but I don't think it's a good idea to simply abandon the program at this point. I think we can support it but do it without taxpayers' dollars. CHAIRMAN NORRIS: Absolutely. And I will second that motion. COMMISSIONER MATTHEWS: Commissioner Constantine, the only problem with what you've said is -- early on in your conversation you had said that, well, the school board endorsed it, but they didn't offer any money, and now we're doing the same thing, and there's just no teeth to that. COMMISSIONER CONSTANTINE: The point of that comment was simply -- Representative Saunders had made the point that it was useless to endorse it and not get money and yet just moments before that he pointed out the school board's action. It wasn't to say they have done a wrong thing or anything else. COMMISSIONER MATTHEWS: I'm going to withdraw the motion not only because the petitioner has asked it to, but I'd like to substitute that motion that we continue this item for three weeks, which will give us ample time to look at whatever private funding sources may be available. COMMISSIONER MAC'KIE: Second. CHAIRMAN NORRIS: We have a motion and second to continue. All those in favor, signify by saying aye. COMMISSIONER HANCOCK: The reason I support the motion to continue is it doesn't stop Commissioner Saunders. By the same token, in the mean time, if the sources of the potential savings to be identified and transferred so that it's not new tax dollars, I'm willing to consider it. It doesn't mean that I still think the taxpayers should be paying for subsidizing health insurance for children or for anyone for that fact. COMMISSIONER MATTHEWS: But we get to look at the private sources. COMMISSIONER HANCOCK: And if identified sources can be brought out and don't result in new tax dollars, then I'm not going to slam the door, but I'm not standing here telling you that I think that's a strong possibility. CHAIRMAN NORRIS: All those opposed? COMMISSIONER MATTHEWS: So we'll see this back then in three weeks? That's June llth. COMMISSIONER CONSTANTINE: Representative Saunders, if you give me a buzz, we'll square away a time -- REPRESENTATIVE SAUNDERS: I'll take you up on that. COMMISSIONER MATTHEWS: Mr. Chairman, no, I asked for three weeks, which was June llth which gives us a little more time to work with. CHAIRMAN NORRIS: Let me make a comment. I think you may have hurt your cause by doing that -- this action that you just took. Commissioner Constantine had a motion on the floor that was -- would do the same thing that you wanted done, plus the additional step of directing the county commission to be directly involved in negotiations with private sources to get money. Now, if you want to reconsider your motion, I think it would be prudent for you to do so, because I think it helps your position. COMMISSIONER MATTHEWS: MAy I ask what the petitioner's input on that would be? REPRESENTATIVE SAUNDERS: I am presuming from everything that's been said that on June llth, number one, if we can identify direct savings, then those monies made be moved to this program according to Commissioners Hancock's argument there. I also presume based on what Commissioner Constantine has said and what others have said that all of you understand the benefits of this program and you all understand -- most of you believe that this should be funded totally with private sources. And I think from that, all of you are going to help us in doing fundraising. I'm presuming that to be the case without there being a formal motion. But if I'm wrong on that, then we would want that formal motion saying that you're going to help us try to find these private sources. That would be helpful to us. COMMISSIONER CONSTANTINE: After my calls on Friday and Monday, I'm absolutely 100 percent convinced we can raise the $90,000 like that and have the funding. But my concern was the one comment you just made was that spending energy looking -- I'm paraphrasing, but looking for ways to transfer tax money, and if that makes Commissioner Hancock happy, that's fine, but I hope our primary effort here is to find those sources, because I'm convinced they're there. COMMISSIONER HANCOCK: That needs to be clarified, Representative Saunders, because the point I'm making is that if we are expending dollars within the public health unit or within social services that directly apply to the exact same provision of services, I want those dollars identified. If they can be smarter and better, than those funds should be used smarter and better. REPRESENTATIVE SAUNDERS: I understand that. That's what we'll try to do between now and June llth. I would ask the board then to make an additional motion as per Commissioner Constantine's earlier comments. If you could restate that motion, that puts the board on record as giving us the moral support, as well as the perhaps the willingness to make a few phone calls. CHAIRMAN NORRIS: Unfortunately, we had voted to continue this item until the llth so we can't -- COMMISSIONER CONSTANTINE: Thank God. CHAIRMAN NORRIS: That is my point. I think that motion that we passed was counterproductive to your efforts. If you'd like to reconsider it, we'd be glad to make another motion. COMMISSIONER MATTHEWS: I tend to think it's not really counterproductive and I tend to thing also -- CHAIRMAN NORRIS: That's fine, then we'll continue to move forward. COMMISSIONER MATTHEWS: I tend to think also that even though we agreed to continue this item, that certainly the board members on this board are committed -- COMMISSIONER CONSTANTINE: We don't need a motion. COMMISSIONER MATTHEWS: -- That will commit to help with it regardless. You got mine, too. Thank you. CHAIRMAN NORRIS: We need to apologize to the people who are here to apply for the authority, the regulatory authority. We've gone a little bit past 11 as some of you might have noticed. COMMISSIONER CONSTANTINE: Can I just make one suggestion? The other items are all like 30-second items, and I know there are a couple of people here for them. Maybe we can blow through those and then do the -- Item #10B RESOLUTION 96-240, APPOINTING L. FOX, R. GUIDIDAS, P.A. HUFF, D. P. LITCHFILED, E. A. MORTON, M. SAADEH, AND B.N. WALLACE - ADOPTED CHAIRMAN NORRIS: Okay. That's fine. Item 10(B), appoint board members to the Council of Economic Advisors. COMHISSIONER MAC'KIE: I don't know what the program would be, but are we each going to appoint some or -- CHAIRMAN NORRIS: There is a list of recommendations there, and those would be the ones with asterix. COMHISSIONER CONSTANTINE: I'll make a suggestion. Why don't we run down the line and then if we'll need to fill in one more __ CHAIRMAN NORRIS: I'll say Dawn Litchfield. COMMISSIONER HANCOCK: Great. You take my choices. I'll say Lawrence Fox. COMHISSIONER MATTHEWS: Patricia Huff. CHAIRMAN NORRIS: Who did you say? COMHISSIONER MATTHEWS: Patricia Huff. Yeah, she's not one of the recommended. CHAIRMAN NORRIS: Bob Wallace. COMMISSIONER CONSTANTINE: I make a motion that we approve those six names. COMMISSIONER MATTHEWS: There's seven. COMHISSIONER CONSTANTINE: Then I'll withdraw that. COMHISSIONER MAC'KIE: I'd like to add Ed Morton. COMMISSIONER CONSTANTINE: I make a motion we approve those seven names. COMHISSIONER MAC'KIE: Second. CHAIRMAN NORRIS: Do we have a motion and a second? COMHISSIONER MAC'KIE: I only have six still. COMMISSIONER CONSTANTINE: Let me try one more time. Fox, Guididas, Huff, Litchfield, Morton, Saadeh, and Wallace. CHAIRMAN NORRIS: Okay. We have a motion and a second. All those in favor, signify by saying aye. Opposed? Item #10C APPOINTMENT OF MEMBER TO THE HISTORICAL/ARCHAEOLOGICAL PRESERVATION BOARD - STAFF DIRECTED TO READVERTISE AND COME BACK COMMISSIONER HANCOCK: That raises a question on the next item, historical archaeology preservation board opening. Doesn't Ms. Patricia Huff sit now on the two boards within the county? COMMISSIONER MAC'KIE: She was only willing to sit on one. According to her application, she has to be appointed to one of those two, and having been appointed to this one it looks like. COMMISSIONER CONSTANTINE: That means we'll have to readvertise. COMMISSIONER MAC'KIE: Looks like it to me. Her letter said she didn't want to. COMMISSIONER CONSTANTINE: I'll make a motion we readvertise the historical archaeology preservation board opening. COMMISSIONER HANCOCK: Second. CHAIRMAN NORRIS: Next item is appointment of member to -- I'm sorry. We have a motion and a second. All those in favor, signify by saying aye. Opposed? Item #10D RESOLUTION 96-241 APPOINTING DELORES BARR TO THE MARCO ISLAND BEAUTIFICATION ADVISORY COMMITTEE - ADOPTED Next item is appoint of member to the Marco Island Beautification Committee. The recommendation is Delores Bare by the committee. COMMISSIONER HANCOCK: Motion to approve Delores Bare. COMMISSIONER MAC'KIE: Second. CHAIRMAN NORRIS: We have a motion and a second. All those in favor, signify by saying aye. Opposed? Item #10E RESOLUTION 96-242 APPOINTING ANN STICKFORD, RICHARD BERGMANN, SCOTT FRENCH, NENO SPAGNA, AND GEORGE SCHROLL TO THE UTILITY AUTHORITY - ADOPTED Now, we're down to the interview and appointment of members to the utility authority. Can I have a show of hands of how many people are here for interviews today? One, two, three, four, five, six. COHMISSIONER CONSTANTINE: Eight, I think. CHAIRMAN NORRIS: Eight. What we would like to do is the procedure similar to what we did on the airport authority. We would like to ask all of the applicants to leave the room, and we will interview one at a time and ask you to after your interview to go back outside and wait, and then we'll make our selections. Step into the sound proof booth and all that business. COHMISSIONER HANCOCK: Mr. Chairman, you have one speaker outside of an interviewee today. He's Mr. Robert Bennett, who may be interested as a point of order concerning the legal ad that ran in the newspaper. He wanted to know if he could be heard in advance of your starting the interviews. CHAIRMAN NORRIS: Mr. Bennett, I'll have him come up now. COHMISSIONER HAC'KIE: I wasn't here for the airport authority business, but doesn't that mike carry out into the hall. CHAIRMAN NORRIS: We're going to turn that off. There's a switch. We're going to turn that one off. MR. BENNETT: I'm Bob Bennett. I've lived here for 18 years. I would have been in my blue suit had I known I was going to talk today. I came to hear the golf authority, but listed at 10 a.m. and found that it was almost a done deal. I applied for this. I called into Sue Filson when I saw the article in the newspaper and was told that I missed deadline. I also talked to Ed Day, and they both told me that they thought that since there were fewer applicants then they expected that they would probably readvertise, and I've been sitting waiting for that to happen and here I was this morning and saw 10(E) on the agenda. A little background. I've been here for 18 years. I serve now on the Citizen's Advisory Board. I've been on the Black Affairs Advisory Board for a couple of years, and I was elected vice chairman last week. So I'm involved, and my background may fit with the utilities commission. I was a senior officer of a Fortune 500. I've been in my own business for a number of years in the electrical business where I was executive vice president of the company. We dealt with utilities quite often and so I have some background there. That's it. I'd like to be able to apply if I can. That's why I'm up here. COHMISSIONER CONSTANTINE: Mr. Chairman, just as absolutely no reflection on this gentleman, but as a practice we tried to stay within our own requirements, and we did have a deadline, and we have ten folks for the position. MR. BENNETT: If I might just say something else. We discussed this in our board meeting the other night. We're looking for more members there. The system -- not criticizing the system, criticizing the way it gets out there in the public. It's either in the newspaper sometimes at the will of the Naples Daily News. When it happens, if it happens, where it happens, and it's on the bulletin boards over here in the county building and maybe some other places. I didn't see it and I obviously have been efficient enough to make the deadline on two board meetings, two board applications. This one I missed, because I did not see it. I read the paper everyday, and I did reply to an ad that came after the deadline. CHAIRMAN NORRIS: Mr. Bennett, we are left with the fact that you applied after the deadline, and we're left with that. I'm sorry. MR. BENNETT: You're missing some good talent. CHAIRMAN NORRIS: We're open to suggestion on trying to improve, because Ms. Filson struggles with this all the time. Because, you're right. The paper -- MR. BENNETT: I'm not arguing with Ms. Filson. We understand -- I think you may remember our conversations. I was told that the chances are that if I -- I was told by both you and Ed Day that there would be a readvertisement. That didn't happen, okay. CHAIRMAN NORRIS: It's entirely possible that we will readvertise at some point, but we have not, and therefore, we are left with the fact that you did not apply in time. COMMISSIONER CONSTANTINE: And the reason isn't to be difficult. The reason is particularly back five or six years people seemed to be sliding in under the gun and their application had never been put in on a formal process. It was very loose and fancy free. In order to have some rule and regulation to it, then we tried very hard in the last few years to -- MR. BENNETT: If I may suggest that the county studies how this information may be disseminated more broadly to the citizenry or that it might want to be on time. I'm -- I was not negligent in this. I just didn't see it. COMMISSIONER MATTHEWS: Perhaps this is one more thing we can put on the Intellinet -- COMHISSIONER HANCOCK: Internet. COMMISSIONER MATTHEWS: -- Internet which we now have a home page on. MR. BENNETT: It could be a lot of places which people may listen to. It could be on radio and TV, but it's not. COMMISSIONER CONSTANTINE: We also need to make better use of channel 54, which we have access to now but don't do very much with. MR. BENNETT: I'll quit now, but this is a victim of lack of information. You can't make an exception to make me a possible candidate? COMHISSIONER HANCOCK: No. MR. BENNETT: Okay. Thank you. COMMISSIONER CONSTANTINE: I suspect the interest has been noted for future reference then. MR. DORRILL: Dr. Biles has a similar point she'd like to make. MS. BILES: Yes. Faye Biles, Marco Island resident. I agree with your decision, because we also had another person who was out of town and did not get back until Friday afternoon at three o'clock, and I just faxed a letter to Sue Filson to ask that he be granted, because he was applying, but he didn't have his material in, and that, too, was refused. So I agree a deadline is a deadline. CHAIRMAN NORRIS: Okay. Thank you. Ms. Filson, if you would bring in the first contestant, please. CHAIRMAN NORRIS: Can we get rid of the television by now you think? COMMISSIONER CONSTANTINE: Is there any active attempt right now to better utilize Channel 54? CHAIRMAN NORRIS: Good afternoon. MS. STICKFORD: Good afternoon. I'm sorry. It's not morning. State your name, please. MS. STICKFORD: I'm Ann Stickford. CHAIRMAN NORRIS: Ms. Stickford, how long have you lived here? MS. STICKFORD: I've been a full-time resident since July of '82. CHAIRMAN NORRIS: '82. That's a good long time. And you're with A.G. Edwards? MS. STICKFORD: I am. CHAIRMAN NORRIS: Since '86? MS. STICKFORD: Yes. You read it. CHAIRMAN NORRIS: Ten years. What do you feel your experience brings to this position if you were to be appointed? MS. STICKFORD: I'm a certified financial planner. And as a certified financial planner, it's my job to be able to read a balance sheet and to determine what the internal rate of return is for a corporation as well as for my clients' portfolios. I spend a lot of time doing a fair amount of analysis of the different corporations' public stock my clients own. I know that Florida Power and Light, for instance, gets an average return on equity in excess of 15 percent. TECO gets an average rate of return on equity of about 13 percent. I also know that there is a legal limit in the State of Florida as to what the average return is supposed to be for a utility. So part of looking at what the smaller private utilities want to propose for our community would involve what those averages are and what the legal limit in Florida is. CHAIRMAN NORRIS: You're appointment to this board will entail the use of a lot of your time. Perhaps that could be done after business hours in a lot of cases. But there will be meetings for you to attend that could become quite lengthy. I would assume that it's certainly within the realm of possibility for a meeting then to consume the entire day, and that may happen on a interval of a few times a year. Is this going to interfere with your work schedule? MS. STICKFORD: No, not at all. CHAIRMAN NORRIS: Are you going to be able to dedicate the time to this that would be required? MS. STICKFORD: I believe I will. CHAIRMAN NORRIS: Thank you. Any other questions? COMMISSIONER CONSTANTINE: I notice you have a Golden Gate address here, and you have been a Golden Gate resident for a while? MS. STICKFORD: Since '83. COMMISSIONER CONSTANTINE: The water and sewer bill increases several times. Have you followed -- have you participated -- what's your awareness of those various steps along the way with Florida Cities? MS. STICKFORD: I've been to some of the meetings over the years. I found that most of the meetings are rhetorical. People come, they say "Our rates are too high." We get the notices in the mail saying this is what the increase is going to be. And after the meetings the rates are increased by what the notices said they were going to be, and I find that it's a very frustrating process for the residents. CHAIRMAN NORRIS: Commissioner Hancock. COHMISSIONER HANCOCK: Do you personally feel that utilities have a right to make a profit. If so, what do you consider reasonable? MS. STICKFORD: Well, there is a legal limit in the State of Florida. I know there is. I'm not sure. I read the amendment that said there is this board that's going to be formed, and it does say in there that from 1985 and after ten years, we would be under Public Service Commission. But after ten years it was the right of the community to withdraw from the Public Service Commission and create its own entity which is what this is all going to be about. I don't know yet what you are going to allow as a legal limit. I know what the average has been around the State of Florida, but I don't know what the community is going to authorize as a legal limit, and that's what we're going to have to be dealing with. COHMISSIONER HANCOCK: Based on your research what has that average been? MS. STICKFORD: Well, as I said, Florida Power and Light has been averaging over 15 percent on their return of equity. It's actually a little over 16. And TECO is averaging over 13 percent. I talked with a couple of my utility analysts and they said that in various parts of the country it's 11, maybe even 11 and a half. So if we're going to be trying to give our residents a more competitive rate, then what Florida Power and Light or TECO has been offering them is going to have to be less than the 16 or the 13 percent and something hopefully more in line with the 11 percent that I've heard is available in other parts of the country. CHAIRMAN NORRIS: Anything further? COHMISSIONER MATTHEWS: I got one question for Mr. Weigel more than anything, and that is this board is going to be listening to several different utility proposals coming forward, not just Florida Cities or possibly SSU in the future, but there's Orange Tree and Immokalee and all kinds. Because Ms. Stickford lives in Golden Gate City and is a rate payer for Florida Cities, is that going to present a conflict for her or any other person who lives within the jurisdiction of a specific utility? I don't think it will, but I want to know MR. WEIGEL: No, I don't believe it will. COHMISSIONER MATTHEWS: I don't have any other questions. CHAIRMAN NORRIS: Anything further? Thank you, Ms. Stickford. MS. STICKFORD: Thank you. COHMISSIONER CONSTANTINE: There's a formula so each utility is different. Florida Cities on average right now is around 11-1/2, or has -- I don't know what the latest update is on it, but they were around 11-1/2. CHAIRMAN NORRIS: Good afternoon, sir. MR. DAVIS: Good afternoon. CHAIRMAN NORRIS: State your name for the record. MR. DAVIS: I'm Michael Davis. CHAIRMAN NORRIS: Mr. Davis, could you tell us a little bit about what qualifies you to be on the board, please? MR. DAVIS: Probably the one thing that qualifies me as much as anyone is my desire to serve. My background is in law and in accounting. I have served in various capacities in another county in this state. I thoroughly enjoyed it. I felt that I gave a great deal to my county there. I'd like to give the same effort, service, whatever I have to this county as well. I like to participate in the area that I live and just be a part of it. COMMISSIONER HANCOCK: I'm going to ask the same questions you asked him for the first time. How long have you lived in Collier County? MR. DAVIS: I haven't been here quite a year. It will be a year in August. COMMISSIONER HANCOCK: And I notice you are a resident of District 2 which many of the hot-button topics are, in fact, water -- particularly water -- MR. DAVIS: I enjoyed that last wet summer. COMMISSIONER MATTHEWS: Too much or not enough. COMMISSIONER HANCOCK: Yeah. And some of these services you may not be certified. You think that would be a hinderance to you in reviewing them fairly or adequately? MS. DAVIS: No, I don't. I think I would be very fair in treating anything that came before me. COMMISSIONER CONSTANTINE: Are you familiar with the history of how this board was created and why? MR. DAVIS: No, I am not. COMMISSIONER CONSTANTINE: Are you familiar with the authorities and responsibilities of the board? MR. DAVIS: No. That would be a question I would ask you. CHAIRMAN NORRIS: Good response. Anything further? Mr. Davis, I appreciate it. MR. DAVIS: Thank you. CHAIRMAN NORRIS: I noticed you coming in with your hat in your hand, Mr. Bergmann. Good afternoon. MR. BERGMANN: Good afternoon. CHAIRMAN NORRIS: State your name for the record, please. MR. BERGMANN: Richard Bergmann. CHAIRMAN NORRIS: Could you tell us a little bit about why you would be qualified to be on this particular board? MR. BERGMANN: Well, I've done quite a bit of work on the general matter of water AND sewer systems on Marco Island in particular and in the county, in general, to A great extent. And I feel as though I have a fairly good working knowledge of how the entire county's water sourcing matters are in the picture and what might be done to make the whole thing as efficient as possible. I think Marco has a very unique problem in that we are both a barrier island. We have great difficulties sourcing any additional water whatsoever. We use tremendous amount of water out there for irrigation, which I think is going to be a very difficult thing as we go into the future. I think that we have a real challenge with a private-sector utility out there who naturally has to make a profit and return on their investment, and I think that getting all the lines to cross to make the system fair to the supplier of the water as well as the customers is going to be a very interesting challenge for everybody on this board. I think my knowledge and background could be of help in coming to the decisions and groping with the issues that are going to be faced. CHAIRMAN NORRIS: Do you stay in the county full time now? MR. BERGMANN: I'm here probably about eight and a half months, but I'm here every month of the year. When I am gone I'm back here probably once a month, something like that. CHAIRMAN NORRIS: So the real point of the question, obviously, is your schedule going to allow you to be flexible enough to attend every meeting? MR. BERGMANN: I can assure you that I will be available to attend every meeting. CHAIRMAN NORRIS: I need to ask our attorney probably the most pertinent question. I asked -- we had a conversation a couple days ago. Mr. Weigel, Mr. Bergmann has been involved in the past with this issue in a -- as a legal intervener in a suit before. Is that in your opinion -- MR. BERGMANN: It was the rate case in 1993, a rate case. COHMISSIONER CONSTANTINE: For this issue? CHAIRMAN NORRIS: No, against this issue. Is that going to disqualify him from serving on this board? MR. WEIGEL: Not necessarily in and of itself. I'd like to, if we could, ask an additional question. And that is Mr. Bergmann is currently a member of the existing Marco Water Rate Defense Commission, Inc. MR. BERGMANN: I have been on the committee. I have attended several meetings. I'm not an officer of the committee. I'm not a -- well, I guess I could say not a major decision maker. I might also add that in the 1993 rate case, I was asked to serve as an intervener by the public council's office up in Tallahassee, and I more or less assisted their people in preparing the response to some of the issues and matters that SSU brought up. MR. WEIGEL: Thank you. I would appreciate it if he could state what the purposes, intent, or actions of the Marco Water Rate and Defense Committee Inc., is if you could you paraphrase what their purpose and what their activity is? MR. BERGMANN: Well, I think the purpose of the committee was to get a fair representation for the users of the Marco system with the Public Service Commission. These matters always get to be a bit testy, and some of the issues get fairly heated as you probably have seen from the press. But I think the general -- as I would describe the purpose of the committee, it was to see that the Marco Island system users got fair treatment on the part of Public Service Commission. COHMISSIONER CONSTANTINE: And your role with that was simply as a concerned citizen and rate payer? You weren't paid for that? MR. BERGMANN: No, no, no. No paying. None of these jobs were paying jobs at all. I might add that in terms of serving on this committee, when the committee was formed last summer, I was not hear on the island. My wife was ill, and I had to be away from the island for several months. I did not return until November. And when I got back, I was asked to join the committee, which I did. And I probably have been to three or four meetings, something like that. But I might also add that in terms of my relationship with SSU, after the 1993 rate case I came to the conclusion that one of the problems that Marco really faced was the tremendous investment that SSU was making and was planning to make. And I worked with them to, in my own modest way, try to keep the investment within reason and, therefore, hopefully future rate increases would be moderated somewhat. I also worked considerably on getting some effluent line delivery systems scoped out and developed so we could build them down Collier Boulevard. This was all with an idea of greater use of the water resources available and not -- of course, conservation. MR. WEIGEL: I don't have any further questions. CHAIRMAN NORRIS: Okay. Any board member have a question? COMMISSIONER MATTHEWS: I just have one, Mr. Bergmann, to clarify. When you intervened in the 1993 rate case, it was at the suggestion of another governmental unit? MR. BERGMANN: Yes. It was the public council's office up in Tallahassee, and there was really at the time oddly enough despite the fact that it was a fairly important issue at that time, there was nobody else from Marco who seemed to be particularly involved, so I guess that was why I was invited. COMMISSIONER MATTHEWS: Thank you. CHAIRMAN NORRIS: Thank you, Mr. Bergmann. COMMISSIONER MAC'KIE: Could I ask a general question as we're trading off here, please. We're going it appoint five members, and they're categorized as either civic or credentialed, and we have to -- it says we need three of each. That doesn't make any sense. I'm just confused with that. Exactly what are we supposed to be doing? Three civic and two credentialed or something different? MR. McNEES: Commissioner, there are three that are being technically qualified by reason of experience and credential and two that are just good civic citizens interested in public service. In examining the list at Ms. Filson's request, they all meet the requirement for being good citizens, civically qualify. COMMISSIONER MAC'KIE: My question was -- COMMISSIONER CONSTANTINE: I've got a comment, too. COMHISSIONER MAC'KIE: Okay. CHAIRMAN NORRIS: Just state your name for the record, please. MR. FRENCH: My name is Scott French. I live in Golden Gate at 4181 30th Avenue. I've lived there since 1983 and been a customer of the Florida Cities water all that time, so I'm familiar with some of the utilities. I'm retired, and I have time to spend reviewing whatever we have to do on that. I might say that I'm in favor of the county commission in taking back the control of the water authority bill. In my position or jobs I've had before I retired, most of those were in management, and I always kept my own set of books, and I'm not at a loss at reviewing statements, financial statements. I can do that. I don't know what else you want to know. That's about it. I've got the time. I'm retired. I don't play a lot of golf. CHAIRMAN NORRIS: You don't leave for the summer? MR. FRENCH: No, I don't. COHMISSIONER CONSTANTINE: Mr. French, I know you're in Golden Gate, and have you been active in a number of rate increases there and also have a utility group up there? MR. FRENCH: I have attended most of those hearings, which the commission came down, and to get a rate increase, and one of the things that always concerned me they never brought up they had an automatic rate increase or have had. I don't know whether they still have. But three percent about every six months whenever they wanted. And I don't know whenever that passed, but they invoked that the last couple years before they put that big rate increase out in Golden Gate. Of course, our biggest problem I think in Golden Gate is that if we don't use any water at all, it will cost us about $500 to be hooked up per year, because it's something like about $40 to $48 a month just if we don't use anything, and that makes our water rate pretty high even if we don't have any. Last night I was at meeting and two older people there -- I say older, they're older than I am. They were complaining their bill was $84. And they said they didn't hardly use any water. I don't know why that was so high. But we told them they'd probably have to start taking baths together, but that might not have been the right answer. It is a problem with the older people out there. COHMISSIONER HANCOCK: Mr. French, I notice you're president of the Golden Gate AARP and a member of the Golden Gate Civic Association. MR. FRENCH: The Civic Association asked if I would be interested in -- suggested that I did put in my application. COHMISSIONER HANCOCK: The reason I bring that up is in some cases when we've made appointments, and I think environmental committees come to mind, is if you appoint someone who is affiliated with an organization, they tend to bring that party line with them. And my question is this duty and the duty of this committee is very much isolated to the petitions you receive, and do you feel you would be able as president of AARP if they take a position to be independent of that position if the merits of what's presented require that? MR. FRENCH: Oh, I don't think that would bother me too much. I usually have always been an independent thinker. I don't always go with the crowd I don't think. Sometimes I don't even vote the party line. COHMISSIONER HANCOCK: Maybe -- I wasn't assuming -- MR. FRENCH: I didn't say what party. COHMISSIONER HANCOCK: Like I said, we may need to talk about that. But anyway it's just a concern of mine on some of these appointments, but thank you. CHAIRMAN NORRIS: Anything further? Thank you, Mr. French. MR. FRENCH: Thank you. COHMISSIONER HAC'KIE: If I could ask Ms. Filson to hold off just while I get to ask my other questions before you bring someone else in. The rest of my questions had to do with who categorized -- did people apply for a position based on civic or credentialed? Who applied that label to different applicants? MR. HcNEES: They did not apply that way. They just applied for appointment TO the commission, and the county manager's office received a memorandum from the board office asking us to categorize them. COHMISSIONER HAC'KIE: I wanted to just say right up front that it is frustrating to me to see, for example, Ann Stickford down as civic pride when the credentials for being in the credentialed group have to do with finance and business administration. And so far she's the one in here telling us more detailed financial analysis than anybody else so far. I just wanted to say I'm personally not going to be bound by your categorization of these applicants when we're deciding three and two, and I question whether or not those are very accurate. COHMISSIONER MATTHEWS: I would think all of them under the civic pride. COMMISSIONER MAC'KIE: How in the heck did somebody reach neither category? How did this one guy -- McCray, he's not even a civic pride. COMMISSIONER CONSTANTINE: He hates the community. MR. McNEES: Well, there is no evidence of civic leadership or anything in that record, and there was no technical -- COMMISSIONER MAC'KIE: I suggest you be more involved in the analysis in the future, because this doesn't look like to me something you would have -- I don't think it's very well done. Okay. CHAIRMAN NORRIS: Before you open the door, Ms. Filson, Mr. Weigel, are you ready to make a determination on Mr. Bergmann? MR. WEIGEL: I can speak now or at any time you'd like. CHAIRMAN NORRIS: Now would be fine. MR. WEIGEL: Okay. I don't find a conflict in the fact that he has participated in the process some years ago, a few years ago, but I do have a particular issue on the fact that he's currently a member of a committee on Marco that's involved with I would expect a particular agenda. He'd indicated fairness, but it's a rather participatory element in rate making and clearly the two -- I'll back through this -- the two, an appointment to this utility authority and membership with that Marco committee could not exist simultaneously without my expressing that there is a true conflict. The second thing I'd say that obviously the appointments in the aggregate are important to this board in the sense that if there is an individual appointed to the board for which a defense would have to be carried, it may put the activities of the board as a whole at a risk and the actions that it takes, and I would see that there is a potential. Without a crystal ball, I can't say the element of success of challenge, of a potential challenge to his -- on the element of conflict of his participation on the board. That's not to say that it couldn't maybe be successfully rebutted but I think that maybe -- COMMISSIONER CONSTANTINE: Let me ask a quick question. He mentioned he's on there as a rate payer and active civic member of his community. So I don't know how far beyond that you need to go before you have a conflict. But secondly, if he resigns that, does it then end the conflict? MR. WEIGEL: If he resigns then there is no conflict from that standpoint, and that's where I made the second discussion which was there may be a challenge. I can't state if it were to be successful or not. It could -- again, weigh the risks. It could put the response or activities of the authority as a whole at some risk. Again, this may be a small risk. COMMISSIONER CONSTANTINE: Is the current litigation between that group and the state or the Public Service Commission or SSU -- I don't understand the conflict if you have a civic group that takes an interest in a particular item. Now, if there's a legal issue going on, I understand the conflict. Otherwise, I don't get it if Commissioner Hancock is a member of the District 2 association and then some issue that comes up effects, that's not a conflict. He's an active member of the civic group. MR. WEIGEL: That's true. COMMISSIONER MAC'KIE: Is there litigation ongoing? MR. WEIGEL: No. The only ongoing litigation of relevance is the question of whether there is an issue of jurisdiction of SSU with Collier County. COMMISSIONER MAC'KIE: Is this group that he's a member of a party to that litigation? MR. WEIGEL: I don't know. COHMISSIONER HAC'KIE: That's the only way I can that there might be a conflict. Does anyone know? CHAIRMAN NORRIS: There's -- the leader of the group happens to be sitting here. If we could ask him to state his name and answer the question for us. MR. PETERSON: My name is Joe Peterson, and I'm chairman of the Marco Island Fair Water Rate Defense Committee. Yes, there is indeed a litigation ongoing that we have represented by counsel up in Tallahassee. The Florida Public Service Commission which is a judiciary forum and it's really a court of competent jurisdiction involving the utility. So it's an ongoing litigation that will be consummated or completed in September of this year. So, yes, we are. It's the public or the consumers versus Southern States. CHAIRMAN NORRIS: Thank you, sir. Next, Ms. Filson. Good afternoon. State your name for the record, please. MR. HcHAHON: Edward HcHahon. CHAIRMAN NORRIS: How long have you lived in the county? MR. HcHAHON: I've been visiting the county since '91 and have primarily lived here since February of last year. CHAIRMAN NORRIS: Okay. And could you tell us just briefly how you feel qualified for the board? What do you think you can bring to the board? MR. HcHAHON: Well, I was listening to WNOG, the radio program, and heard your plea for volunteers and -- CHAIRMAN NORRIS: That shows the power of WNOG, doesn't it? MR. HcHAHON: Yes. And since I've retired -- I'm a full-time retiree now since January one of this year. I've been looking around for some way to give something back to the community. And when I heard your comments on the radio, I decided that I had the time and the energy to serve on some committee. I feel I'm qualified for this certainly because of the financial experience. I am a CPA and have had various types of experience as a CPA in various countries, but basically my thrust is to volunteer and get some experience. CHAIRMAN NORRIS: Okay. Do you stay in the county now year round? MR. HcHAHON: Yes, I do. CHAIRMAN NORRIS: So you won't have a conflict if you go up in the summer and we need to have a meeting? MR. HcHAHON: No. CHAIRMAN NORRIS: Any other questions, board members? COHMISSIONER CONSTANTINE: Have you been active at all in the SSU case this past year? MR. HcHAHON: Not really. My thrust would have been toward volunteering at the hospital, but I decided I would wait to see how that monopoly situation checks out before I decide to participate. COHMISSIONER CONSTANTINE: Thanks. CHAIRMAN NORRIS: Any other questions? Thank you. I'm glad you applied. Dr. Spagna, could you state your name for the record, please. MR. SPAGNA: I'm Neno Spagna. CHAIRMAN NORRIS: And could you tell us a little bit about your qualifications that would be pertinent to this particular board? MR. SPAGNA: Sure. I'd be very happy to. First of all, I'd like to tell you that I am happy to be here and pleased that I am being considered do serve on the authority. I do consider that a very serious authority that will have a lot of hard decisions to make, and I feel like with my background and knowledge of the county, the early formation of the utility authority -- I was here in 1974 when the utility authority was originally formed, and even though I didn't have a direct part in the process, I sat in many meetings, both with Harmon Turner and the city engineer and at the commission meetings I listened to all of the early problems that were faced. And I sort of followed the progress of the utilities every since until last January or February, I believe it was, when you all decided go ahead and form the utility authority. I have read the entire ordinance, which is pretty long. I still feel like I would be able to make a meaningful contribution to the group. I think I would be very open minded and listen to all sides of the case and be fair in my decisions to both the utilities that would be regulated by the authority and the people as the customers that they serve. And I only make one promise, that is if I am chosen to serve on the board, I'll do the best job that I know how do like I tried to do with all the other committees and authorities that I've had the privilege of serving on. CHAIRMAN NORRIS: Are you currently on any of the other county boards? MR. SPAGNA: I'm on the County Airport Authority and also the Fair Board. CHAIRMAN NORRIS: Okay. I think you can only be on two boards. COMMISSIONER MATTHEWS: The fair board is not a county. COMMISSIONER HANCOCK: Okay. I'm sorry. Got carried away. CHAIRMAN NORRIS: Does anyone else have a question for Dr. Spagna? CHAIRMAN NORRIS: Thank you very much. MR. SPAGNA: Thank you. CHAIRMAN NORRIS: Good afternoon, sir. Could you state your name for the record, please. MR. McCRAY: Rob H. McCRAY. CHAIRMAN NORRIS: Mr. McCRAY, could you tell us a little bit about your qualifications that make you suitable for the board here, please? MR. McCRAY: Well, I worked through the years for the government on a project and medical center or also the procedures and in the course of time was under general -- on the medical center. CHAIRMAN NORRIS: Okay. Are you a full-time resident? MR. McCRAY: Yes, I am. CHAIRMAN NORRIS: Do you stay all through the summer? MR. McCRAY: Yes. CHAIRMAN NORRIS: Okay. Then you would be able to make every meeting? There wouldn't be any other kind of commitment conflicts? MR. McCRAY: No conflict at all. CHAIRMAN NORRIS: Okay. All right. Any other questions? Commissioner Matthews, you have a question? COMHISSIONER MATTHEWS: No, no, I don't. I'm just looking at his civic involvement, and he's been involved for quite some time on several issues. CHAIRMAN NORRIS: Commissioner Hac'Kie, do you have -- COHMISSIONER HAC'KIE: No. CHAIRMAN NORRIS: Mr. HcCRAY, Thank you very much. MR. HcCRAY: Thank you. CHAIRMAN NORRIS: Good afternoon, sir. Could you state your name for the record, please? MR. DUKLAUER: Robert Duklauer. CHAIRMAN NORRIS: Mr. Duklauer, take a moment and tell us your qualifications that make you suitable for this board, if you would. MR. DUKLAUER: Well, my educational background, I believe, would be very helpful. I graduated from Stevens Institute of Technology with a mechanical engineering degree. My business background has been in the field of plumbing and industrial piping. The term plumbing is -- in this case is not just the conventional plumbing that you see in buildings, but did a great deal of industrial work, sewage disposal plant -- private plants, not municipal plants. We also did industrial waste disposal plants which are very similar in their purpose. Briefly, that's it. CHAIRMAN NORRIS: Okay. You've been in the county since when? When did you come? MR. DUKLAUER: Pardon me? CHAIRMAN NORRIS: When did you move to Collier County? MR. DUKLAUER: 1987. CHAIRMAN NORRIS: And you're a full-time resident? MR. DUKLAUER: Yes, sir. CHAIRMAN NORRIS: Do you leave for the summer at all? MR. DUKLAUER: Occasionally. Not occasionally, usually the month of July and -- rather August and September, but that's not a must. Needless to say this position would alter that program. CHAIRMAN NORRIS: In other words, you could amend your summer vacation schedule as need be if there are meetings? MR. DUKLAUER: By all means, yes. CHAIRMAN NORRIS: Any other questions? COHMISSIONER CONSTANTINE: No. CHAIRMAN NORRIS: Thank you, sir. MR. SCHROLL: Mr. George Schroll. CHAIRMAN NORRIS: Mr. Schroll, would you please tell us in your words the qualifications that make you suitable for the board here, please? MR. SCHROLL: Well, I'm an engineer by training and experience, a chemical engineer. I've had executive positions. I only had one major employer throughout my career, but I've had executive positions in various levels in that company. I have dealt with foreign governments in negotiating contracts. I've dealt with labor unions. I have been able to analyze financial statements and see justification for courses of action. CHAIRMAN NORRIS: When did you move to Collier County? How long have you been a resident? MR. SCHROLL: I moved in September of '91. I bought the property in Marco the year before. CHAIRMAN NORRIS: And you're a full-time resident? MR. SCHROLL: Full-time resident. CHAIRMAN NORRIS: Okay. Do you go away for the summer at all? MR. SCHROLL: No. CHAIRMAN NORRIS: You are here 12 months? MR. SCHROLL: That's correct. CHAIRMAN NORRIS: Do you have any other commitments that would keep you from making one of our meetings? MR. SCHROLL: No, I do not. I'm currently president of the Rotary Club, but that will end on the first of July. CHAIRMAN NORRIS: I think we can work around the Rotary. We'd be glad to adjust that schedule. MR. SCHROLL: No other commitments. I resigned my consultancy as of the first of July of last year, which required me to CHAIRMAN NORRIS: Do you have full-time availability? MR. SCHROLL: I'm available full time. CHAIRMAN NORRIS: That's very good. Any more questions? COHMISSIONER CONSTANTINE: Have you been active at all in the SSU case there on Marco? MR. SCHROLL: Only to send a check in to the defense fund, a small check. I forget whether it was twenty-five or thirty dollars. CHAIRMAN NORRIS: You're not an actual member of that committee? MR. SCHROLL: I'm not a member of the committee, no, sir. COHMISSIONER HANCOCK: In your brief tenure of 41 years with Colgate-Palmolive Company, what element of that do you think will assist you the greatest if you're selected to serve on this committee? What application from that experience from Colgate-Palmolive do you think you can carry to the committee and be a benefit to the balance? MR. SCHROLL: The ability to do financial analysis. I assume we'll be dealing with rate increase requests and so fourth -- to analyze financial figures, engineering background, chemical engineering deals with flows of fluid and so forth. COHMISSIONER HANCOCK: Thank you. MR. SCHROLL: You're welcome. CHAIRMAN NORRIS: Any other questions? Thank you. That's the last one. There are a number of very good ones here. Let's get a final determination. Mr. Weigel, you're telling us we are putting ourselves at risk to appoint Mr. Bergmann; is that correct? MR. WEIGEL: I just want to advise the board there may be some risk. To what degree, I can't state how much. It may be rather minimal. It is important, I think, for him not to have an active affiliation with an entity that's involved in rate affairs, which he apparently is still currently member of that Marco -- CHAIRMAN NORRIS: If he resigns that, your comfort level goes up; is that correct? MR. WEIGEL: Significantly. CHAIRMAN NORRIS: Excuse me? MR. WEIGEL: Significantly. COHMISSIONER CONSTANTINE: Mr. Chairman, there are three folks that jump out. There are a number of folks on here good, three folks that jump out at me. Under the what I call the professional category, couple of them, Ann Stickford, the first one particularly under finance, and our final interviewee, Mr. Schroll. COHMISSIONER HAC'KIE: Those are my top two as well. CHAIRMAN NORRIS: I agree with those two. COHMISSIONER CONSTANTINE: Under the civic category, Mr. French, and that's because I know Scott very well. I know he's been active and is well informed on the utility issues in the Golden Gate area. COHMISSIONER HAC'KIE: I would hate it disqualify Mr. Bergmann for participating if that group and others like it. It's really impetus for us having reassumed this authority, and so, if it's required, we could ask him if he would be willing to resign, but with that condition, I'd like to add him to the list. COHMISSIONER MATTHEWS: I like him, too. COHMISSIONER HANCOCK: There is something I'd like to propose for the board's consideration. Neno Spagna brings a history to anything he deals with. COHMISSIONER MATTHEWS: He's the last of my five. CHAIRMAN NORRIS: He's the last of my five, too. I don't mean last on the list, but he rounds out the -- COHMISSIONER CONSTANTINE: I'll go ahead and make a formal motion with those five names, that we approve Stickford, French, Schroll, Bergmann, and Spagna. MS: MATTHEWS: Should we ask Mr. Bergmann -- COHMISSIONER CONSTANTINE: Yeah, subject to Mr. Bergmann COHMISSIONER MATTHEWS: But should we ask him to come in and commit to either resigning or not so that we can pick another person from this list? CHAIRMAN NORRIS: Let me go over those. You went through those pretty fast. Stickford, Bergmann, French, Spagna, and Schroll. COHMISSIONER HANCOCK: I agree with Commissioner Matthews' suggestion. We has him here. Why don't we ask him to come in and ask if he's willing to do that. If so, then we have our answer. If not, then we'll have the ability to make the next selection. CHAIRMAN NORRIS: Just ask Mr. Bergmann to come in for a moment. While he's coming in I'll note that the utility authority Ordinance 96-6 provides it will be the commission that determines the term of appointment for the members. Obviously the commission can use various mechanisms to do that. They can either ratify the drawing of straws that might occur at the first meeting. COHMISSIONER CONSTANTINE: Mr. Bergmann, where were you on the night of the 21st? CHAIRMAN NORRIS: Mr. Bergmann, if you are appointed are you willing to resign immediately from the Fair Water Committee and to submit that resignation in writing both to the committee and to the county commission? MR. BERGMANN: Yes. CHAIRMAN NORRIS: Okay. Thank you. That's all. We have a motion then. Do we have a second? COMMISSIONER MAC'KIE: Second. COMMISSIONER MATTHEWS: Do we want to put a term on that, or do we want to do that in a second motion? COMMISSIONER CONSTANTINE: Let's let them do their terms. We've done that with most of the others. COMHISSIONER HANCOCK: Draw from a hat. CHAIRMAN NORRIS: Okay. If they can't decide, we'll decide for them, but they're supposed to decide without our help. So we have a motion on the floor to appoint Stickford, Bergmann, French, Spagna, and Schroll. MR. WEIGEL: Could you designate which are civic and which are technical? CHAIRMAN NORRIS: We have -- Scott French is civic and Ann Stickford is civic. COHMISSIONER CONSTANTINE: Bergmann is civic because that's his primary activity down there. It's all civic. CHAIRMAN NORRIS: It doesn't matter, because all of them are civic. MR. WEIGEL: We need three that are technical however. CHAIRMAN NORRIS: Stickford, Spagna, Schroll. We have a motion and a second to appoint those five. All those in favor, signify by saying aye. And opposed? COHMISSIONER CONSTANTINE: I'm going to need to take a little break. I suspect our court reporter definitely needs a break. CHAIRMAN NORRIS: I suspect our court reporter does, too. I'll tell you what, why don't we take a lunch break. Before we break, though, let's call -- I think we need to tell the members that we appointed. We'll take a little lunch break and come back and finish up our agenda. There's only a couple items left. We would like to first of all thank all of the members for applying, and it's too bad we didn't decide the board should be ten members big, because everyone who applied was obviously very well qualified, and we certainly are very appreciative of the offer of help that we get from our citizens. Unfortunately we were left, as the County Commission, with the decision of having to pick five out of the ten when all ten were great applicants. And we have -- the board made a motion and was approved. The names are Ann Stickford, Richard Bergmann, Scott French, Neno Spagna, and George Schroll. And for those of you who did not make if this time, I will remind you that some of the terms are short. There's a one-year term, and a couple two-year terms, and there may be -- as happens periodically there may be a member drop off of the board early, so please reapply when the time comes, because we think everyone that applied today was very highly qualified and certainly deserving of being on the board. Thank you very much for coming, and we're going to take a little lunch break. (A lunch break was held.) Item #11A RESOLUTION 96-243 BETWEEN THE BOARD OF COUNTY COHMISSIONERS AND UNITED TELEPHONE COMPANY OF FLORIDA FOR THE IMPOSITION AND COLLECTION OF A LOCAL OPTION FEE FOR PROVISION OF ENHANCED EMERGENCY "911" TELEPHONE SERVICE AND EQUIPMENT - ADOPTED CHAIRMAN NORRIS: We'll reconvene. Pick up item ll(A), a recommendation to approve a resolution between the board and United Telephone Company of Florida. MS. D'ORAZIO: Good afternoon, Commissioners. Debbie D'Orazio, 911 coordinator, Collier County Sheriff's Office. We're looking to have the resolution approved again this year to continue collecting the 911 fee to be able to fund the 911 service here in Collier County -- COHMISSIONER CONSTANTINE: Motion to approve the item. COHMISSIONER HANCOCK: Second. COHMISSIONER HAC'KIE: Second. Third. CHAIRMAN NORRIS: Nice presentation. COHMISSIONER CONSTANTINE: Well worth the wait. CHAIRMAN NORRIS: Motion and a second. All those in favor, signify by saying aye. Opposed? There's not any, so that passes four to one -- four to nothing, or as Carl Loveday says, five to one. COHMISSIONER HAC'KIE: Five to one. Doesn't that just crack you up. I love that. COHMISSIONER CONSTANTINE: Motion to continue the next item. I'm sorry. Withdraw that. Item #lib UPDATE REGARDING THE SECOND OPIONIONS RELATED TO THE ARBITRAGE CALCULATIONS - ARTHUR ANDERSEN'S REPORT ACCEPTED AND CLERK TO PROVIDE BOARD WITH CRITERIA TO KEEP THIS FROM HAPPENING IN THE FUTURE CHAIRMAN NORRIS: Item ll(B). Mr. Mitchell. MR. MITCHELL: Chairman, Commissioners, good afternoon. For the record, Jim Mitchell. I'm the director of the financing and accounting department, and I sure hope my -- my item goes as quick as the last one was. The item that I'm bringing forward to you today is basically an update on the arbitrage issue, bringing you up to date and also to seek some direction on one specific issue. As you're aware, on March 12 of this year the clerk of the circuit court, along with myself, came to this board with certain concerns we had regarding arbitrage. (Commissioner Matthews entered the board room.) MR. MITCHELL: At that presentation, we disclosed to you that we had competitively engaged the services of Arthur Andersen to come in and take a look at all of the arbitrage on all of the bond issues that we had issued since 1986 to ensure that we had performed the calculations and we did not owe money to the IRS. We further disclosed to you that at that time we had a significant liability to the IRS for three specific bonds. We also disclosed to you that there was a refund potential for some overpayments in the earlier years due to some payments that were made. At that particular meeting, you gave us the approval to go ahead and make payment which we did, and we became current with the IRS. At the meeting of March 26, the clerk of the circuit court stated his intention to get a second opinion on the calculations that were performed by Arthur Andersen. My office engaged the services of two firms, Ernst and Young, L.L.P., out of Jacksonville, Florida, and also Rauscher, Pierce, and Refsnes, Incorporated, out of Dallas, Texas, and it must be noted that these are both the arbitrage rebate services groups related to each one of those firms. We provided each one of the firms identical packages which included everything that we had in regard to those and authorized them to contact Arthur Andersen with any concerns or any issues that they needed to talk to them about. COHMISSIONER HAC'KIE: Can I ask just -- I know the answer to this, but just for clarification, this was -- we were going to get a free second opinion. MR. MITCHELL: Yes, ma'am. When -- When -- When the clerk of the circuit court brought this to you, we had already been approached by one firm that says this is something that occurs in the industry, that they'll take a look at the calculations as a no -- no-cost service. Both of the firms have reported back to us, and it's -- it's amazing that both of them have identified the same specific concerns, primarily allocation methodology, mark to market approach, and what's known as the transferred proceeds computation. The firm of Rauscher and Pierce has contacted the firm of Arthur Andersen and has talked in very specific detail about those issues and why Arthur Andersen chose the methodologies that they -- they chose, and they have provided us with an opinion which I have included with the -- the executive summary. And basically what it says is, is at the county's request, Rauscher and Pierce contacted Arthur Andersen to discuss the noted areas for discretion, impact of the computation process. Arthur Andersen indicated that the list -- listed items were addressed during the computation process, and the reports were prepared utilizing the most globally beneficial approach and taking into consideration certain limitations arising from the length of delay of the required payments. It goes on further to say that based upon the points raised from the cursory review and the response from Arthur Andersen, Rauscher, Pierce's summation of possible opportunities to reduce the county's rebatable arbitrage were offset by various global factors. The firm of Ernst and Young, as I said, have identified the same concerns. They have not talked in as much detail with Arthur Andersen as Rauscher and Pierce have, but they have requested the opportunity to review the work papers of Arthur Andersen, and that's why I'm here today. The cost that it would cost this county to have Ernst and Young travel to Philadelphia to look at those is somewhere between 2,500 and $3,000, and that's where I'm seeking the direction, is if this board is willing to pay the 2,500 or $3,000 to get one more opinion on the calculations themselves. COHMISSIONER HAC'KIE: We already have two. What -- MR. HITCHELL: We have the original calculation from Arthur Andersen and the second opinion from Rauscher and Pierce. Yes, ma'am. COHMISSIONER CONSTANTINE: Let me ask -- Can I ask a question on that? COHMISSIONER HAC'KIE: Uh-huh. COHMISSIONER CONSTANTINE: On the second one -- I just saw this letter this morning, and I need you to walk me through the comments in here because it says -- This is the Rauscher, Pierce. The -- The paragraph you have underlined -- MR. HITCHELL: Yes, Commissioner. COHMISSIONER CONSTANTINE: .... At the county's request, RPR contacted Arthur Andersen .... I'm having a little trouble speaking today. "Arthur Andersen indicated that the listed items were addressed during the computation process and the reports were prepared .... blah, blah, blah. I just see that as they're reporting what Arthur Andersen reported to them. MR. HITCHELL: That will be correct. COHMISSIONER CONSTANTINE: And then in the next paragraph, you point out -- This is what I need the help with, I guess, is the cursory review. "Based upon the points raised from the cursory review and the response from Arthur Andersen," which you mentioned above -- what exactly is consist -- where is there a cursory review? What is that? MR. HITCHELL: The cursory review would be the summary calculations that we packaged up and sent to both of the firms. We sent not only the summary calculations but also the official statements related to each of the bond issues that were in question. They had an opportunity to look at that. And -- and I know exactly what you're saying, Commissioner. What did they do to arrive at that? And what they did is they looked at -- based on what they had in front of them, would they have reached similar conclusions; did we go through step A, B, C, and D to come up to these conclusions. They don't know. They don't know what -- the summary calculations. They then, in turn, contacted Arthur Andersen, and said did you do this, did you consider this, did you consider this. And the -- the conclusion was, yes, we did. But -- And when you consider that, you can't just consider a specific bond issue. You have to consider every bond issue that's in our -- our debt portfolio. That's why we're looking at it from a global perspective. That -- That would be your cursory review. And it goes on further to state -- they have given you an opinion as far as they're going to go. COMHISSIONER MAC'KIE: For free. MR. MITCHELL: For free. Now, if we want to pay money and give them an opportunity to review the pool of investments and things of that nature, they're willing to do it. COMHISSIONER CONSTANTINE: And that's where I was going MR. MITCHELL: Yeah. COMMISSIONER CONSTANTINE: -- because on their final comment on this page, you're saying without reviewing those things -- MR. MITCHELL: That's -- That's correct. COMMISSIONER CONSTANTINE: -- they can't confirm rebate liabilities. MR. MITCHELL: We -- We have got the free service. Now, if we want it to go a step further and pay someone else for something that we've already paid for, that's an option that you have. CHAIRMAN NORRIS: Yes. Go ahead. COMMISSIONER HANCOCK: The one thing I'm not interested in doing is pursuing the Ernst and Young avenue because I think what they produced was sufficiently vague to garner more work. COMHISSIONER MAC'KIE: Yep. COMHISSIONER HANCOCK: If we do have substantial questions or there are questions on this board, the -- I would rather not mess it up -- the funny-name firm would be the one that I would be interested in -- COMHISSIONER MAC'KIE: RPR. COMMISSIONER MATTHEWS: You mean the Dallas firm? COMHISSIONER MAC'KIE: There you go. COMHISSIONER HANCOCK: I like the funny-name firm personally but I -- I don't know. Just based on the discussion I've had with the clerk and with Mr. Mitchell, we may be -- you know, we're -- we're rolling the dice a little bit on that, and I don't see substantial reservation or concern on their part in that letter. I don't even see a hint that we really think we're going to uncover something, and I'm a little concerned about that with -- with pursuing the next level. Do we know what the next level from them would be as far as cost? MR. MITCHELL: Rauscher and Pierce? COMHISSIONER HANCOCK: Yes. MR. MITCHELL: I -- I -- We have not discussed that issue, but I'd say probably the same -- pretty much in line with what we just paid Arthur Andersen to do. COMHISSIONER MATTHEWS: 180,0007 MR. MITCHELL: Well, we're only talking about two, potentially three, bonds. So if we break it down by bond, it's probably somewhere in the neighborhood of nine to $10,000 per bond. You know, what it comes down to is what level are we comfortable with. We competitively engaged Arthur Andersen to do the calculations in good faith. Arthur Andersen identified the concerns. They identified the refund opportunities. They've worked with us to establish new procedures to make sure we don't find ourselves in this boat again, and they're also working very aggressively with us to pursue the refunds. We've got one opinion. You know, where -- where is that comfort level? Do we need to do anything else? What does this board need to do to find the comfort level regarding the arbitrage? See, that's a decision you really need to make. COHMISSIONER HAC'KIE: And my vote on that is going to be -- we spent a fortune already. It's a shame we had to, but we did. It was the right thing to do, but the only reason we're having this discussion is because Ernst and Young said, "Well, we'll do another opinion for you for free." Well, you know, I guess they were just kidding. COHMISSIONER MATTHEWS: Well, they -- they did their free examination. They want to dig a little deeper and -- and I'm a little bit concerned that they want access to another accounting firm's work papers. COHMISSIONER MAC'KIE: I'm just not interested in going any further. We already have -- We've already paid for hopefully -- You know, if we have some reason to doubt Arthur Andersen's conclusions, then let's talk about it, but it looks like this firm, RFR, [sic] says -- COHMISSIONER HANCOCK: You mean the funny-name firm? COHMISSIONER MAC'KIE: The funny-name firm says they don't see any -- you know, there aren't any red flags waving here. COHMISSIONER MATTHEWS: Well, I -- COMMISSIONER MAC'KIE: So '- MR. MITCHELL: For a little background information on Rauscher, Pierce, they're -- they're out of Dallas, and they're primarily in the southwest area. They're a very prominent investment banking organization out there. COMMISSIONER HANCOCK: It -- It -- It seems to me that if there were a glaring problem, the language in their letter would have been a little more -- COMMISSIONER MAC'KIE: Edged. COMMISSIONER HANCOCK: -- you know, consistent with that to imply that they believe they could end up saving the county some dollars as Ernst and Young's initial letter did state. Ernst and Young did not come back with another letter of the same type saying, yeah, we think there are still some real serious problems. They were very qualified, as was this letter. So I don't see the writing on the wall that would warrant a possible expenditure of tens of thousands of dollars to pursue it, particularly if we don't know how many dollars may be at risk to be saved here, you know. So I -- I'm hesitant to proceed with -- with expending any more dollars on this and probably more interested in the future controls of not allowing it to happen again. CHAIRMAN NORRIS: Do we have any public speakers? MR. DORRILL: No, sir. CHAIRMAN NORRIS: Motion? COMMISSIONER MATTHEWS: I'd like to make a motion that we not pursue this any further, that we just simply accept Arthur Andersen's report. We got what we paid for, and we're actively and diligently pursuing whatever it is we need to pursue. COMMISSIONER MAC'KIE: Second. COMMISSIONER HANCOCK: I would like to ask the motionmaker to amend this, and Mr. Mitchell can tell me if this has already happened, amend the motion to include requesting the clerk's office provide the board with criteria that's been established to keep this similar situation from occurring again in the future. MR. MITCHELL: I'll be more than happy to do that, Commissioner. COHMISSIONER MATTHEWS: Yeah. I -- I think he's already done that in the -- in the report, but I'll be happy to amend it. COHMISSIONER HANCOCK: Just to make sure so that we -- there's no -- no question about that. MR. MITCHELL: Absolutely. CHAIRMAN NORRIS: Second amend? COMMISSIONER MAC'KIE: Yes. CHAIRMAN NORRIS: We have a motion and a second. All those in favor, signify by saying aye. Opposed? Thank you, Mr. Mitchell. MR. MITCHELL: Thank you, Commissioners. CHAIRMAN NORRIS: Anything, Mr. Dorrill? Do you have anything left for us today? Mr. Weigel, do you have anything? MR. WEIGEL: No, thank you. CHAIRMAN NORRIS: Commissioner Matthews? COMHISSIONER MATTHEWS: No. Nothing, thank you. CHAIRMAN NORRIS: Commissioner Hancock? COMMISSIONER HANCOCK: Just a growl for Commissioner Constantine. CHAIRMAN NORRIS: Just a growl? COMHISSIONER MATTHEWS: A growl? CHAIRMAN NORRIS: Commissioner Mac'Kie? COMHISSIONER MAC'KIE: No. Item #14A DISCUSSION REGARDING THE BUDGET WORKSHOP ON FRIDAY, JUNE 21 - MEETING TO BE CHANGED TO JUNE 17 OR JUNE 24 PROVIDING THERE IS NO CONFLICT CHAIRMAN NORRIS: Commissioner Constantine does. COHMISSIONER CONSTANTINE: One item. We currently have our budget workshop scheduled for Wednesday, Thursday, and Friday. I wonder if there would be any objection to Friday's being either moved to the previous Monday or the Monday after. CHAIRMAN NORRIS: Absolutely. COHMISSIONER CONSTANTINE: I wonder if there would be a majority objection to -- COHMISSIONER MATTHEWS: What are you looking to do? COHMISSIONER HANCOCK: What date is this? COHMISSIONER CONSTANTINE: Friday the 21st. COHMISSIONER MATTHEWS: To move it -- COHMISSIONER CONSTANTINE: I don't want to miss any of our budget workshops. It will just open up an opportunity for me to do something else that particular day that I'd like to do in addition to our workshops. COHMISSIONER MATTHEWS: So you're looking to move it either -- COHMISSIONER CONSTANTINE: To Monday, the 17th -- COHMISSIONER MATTHEWS: -- to the 17th -- COHMISSIONER CONSTANTINE: -- or Monday the 24th. COHHISSIONER MATTHEWS: -- or the 24th? Doesn't matter to me. COHMISSIONER CONSTANTINE: Or any other day, for that matter. COHMISSIONER MATTHEWS: Doesn't matter to me. COHMISSIONER HANCOCK: I don't have my schedule in front of me, so I'm -- I'm hard-pressed to say either one is great, but if I don't have a conflict on either one, I'd be happy to stretch to accommodate one of my colleagues on this matter. COHMISSIONER CONSTANTINE: Thank you. COHMISSIONER MAC'KIE: Likewise. I don't know what my schedule is, so I would need to check. CHAIRMAN NORRIS: Likewise. Anything further? COHMISSIONER CONSTANTINE: Nothing else. CHAIRMAN NORRIS: Miss Filson, how about you? MS. FILSON: I have nothing further. CHAIRMAN NORRIS: We're done. ***** Commissioner Constantine moved, seconded by Commissioner Hancock and carried unanimously, that the following items under the consent agenda be approved and/or adopted: ***** Item #16A1 - This item has been deleted Item #16A2 RESOLUTION 96-235 GRANTING FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "PHASE FIVE QUEENS PARK AT AGO VERDE" - WITH STIPULATION See Pages O.R. Book Pages Item #16A3 RESOLUTION 96-236 GRANTING FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "CORINTHIAN GARDENS AT WORLD TENNIS CENTER" See Pages O.R. Book Pages Item #16A4 RESOLUTION 96-237 AUTHORIZING A 50% WAIVER, 50% DEFERRAL OF WATER SYSTEM IMPACT FEES FOR A TWO BEDROOM HOUSE TO BE BUILT BY MARK OWENS AT 1266 SOLANA ROAD; SAID IMPACT FEES TO BE PAID FROM AFFORDABLE HOUSING TRUST FUND (191) See Pages Item #16A5 - Moved to Item #8A2 Item #16A6 - Moved to Item #8A3 Item #16A7 RECORDING OF THE FINAL PLAT OF "YACHT CLUB OF MARCO ISLAND, REPLAT" Item #16B1 QUITCLAIM DEED FOR PETITION AV-96-009 TO VACATE A PORTION OF A CANAL EASEMENT IN THE AREA OF PELICAN HARSH DEVELOPMENT AND ACCEPT A REPLACEMENT EASEMENT See Pages Item #1682 TOURIST TAX FUNDING AGREEMENT WITH THE CITY OF NAPLES FOR THE IMPLEMENTATION OF THE DOCTORS PASS INLET MANAGEMENT PLAN See Pages Item #1683 STIPULATED FINAL JUDGMENT FOR RIGHT-OF-WAY ACQUISITION CASE NUMBER 95-5071-CA-01-TB (PARCEL NO. l17A) FOR VANDERBILT BEACH ROAD FOUR LANING IMPROVEMENTS AND STAFF TO DEPOSIT $5,049.95 IN THE COURT REGISTRY WITHIN 30 DAYS OF JUDGMENT DATE Item #1684 EASEMENT AGREEMENT FOR THE ACQUISITION OF ROAD RIGHT-OF-WAY, UTILITY, SLOPE, DRAINAGE, SIDEWALK AND MAINTENANCE EASEMENT LYING WITHIN THE PROPERTY KNOWN AS AUGUSTA WOODS CONDOHINIUH ASSOCIATION, INC. FOR RATTLESNAKE HAMMOCK ROAD FOUR LANING IMPROVEMENTS IN AN AMOUNT NOT TO EXCEED $13,800 - WITH STIPULATIONS See Pages Item #1685 GRANT AWARD AGREEMENT WITH FLORIDA COHMUNITIES TRUST RELATED TO THE MASTER MITIGATION PROJECT AND CHAIRMAN TO SIGN LETTER TO FLORIDA COHMUNITIES TRUST CONCERNING POTENTIAL ENVIRONMENTAL LIABILITY See Pages Item #1686 BID #96-2522 FOR BRANCH NO. 1 PRAIRIE CLEARING AND SNAGGING PROJECT OF OPEN DITCH ALONG THE EAST SIDE OF GOLDEN GATE ESTATES SOUTH OF 1-75 - AWARDED TO HALONEY & SONS EQUIPMENT, INC., IN THE AMOUNT OF $22,968.00 Item #1687 SOLID WASTE DEPARTMENT BUDGET AMENDMENT TRANSFERRING MONIES FROM FUND 470 RESERVES, TO COMPLETE REPAIRS OF EROSION DAMAGE ON CELLS #3 AND #4 AT THE NAPLES LANDFILL Item #1688 - This item has been deleted Item #16B9 WORK ORDER NO. JEI-FT96-6, IN THE AMOUNT OF $34,250.00, WITH JOHNSON ENGINEERING, INC., TO PREPARE, APPLY FOR, AND OBTAIN PERMITS FOR THE LIVINGSTON ROAD CORRIDOR PROJECT FROM RADIO ROAD TO PINE RIDGE ROAD See Pages Item #16D1 AGREEMENT ALLOCATING A MAXIMUM EXPENDITURE OF $50,000.00 FROM THE GAC LAND TRUST FOR PURPOSES OF CONTRIBUTING FUNDS TOWARDS ACTUAL CONSTRUCTION COSTS ASSOCIATED WITH THE NORTH GOLDEN GATE EMERGENCY MEDICAL SERVICES FACILITY (MEDIC 12) See Pages Item #16D2 AGREEMENT WITH SENIOR FRIENDSHIP CENTERS, INC. FOR THE RETIRED SENIOR VOLUNTEER PROGRAM (RSVP) See Pages Item #16D3 - This item has been deleted Item #16D4 WORK ORDER WMBP-FT96-3 WITH WILSON, MILLER, BARTON, AND PEEK, INC. UNDER RFP 95-2422 REGARDING THE CURRENT ANNUAL AGREEMENT FOR PROFESSIONAL ENGINEERING CONSULTANT SERVICES IN PREPARATION OF THE UPDATE OF THE NON-AD VALOREM ASSESSMENT ROLL IN THE PINE RIDGE INDUSTRIAL PARK MUNICIPAL SERVICE TAXING AND BENEFIT UNIT FOR TAX YEAR 1995/96 IN THE AMOUNT OF $6,000.00 See Pages Item #16D5 EXECUTION OF CANCELLATION OF CLAIM OF LIEN ON MEECHAI AND BOONMEE PHEWFHAD FOR SEWER IMPACT FEES See Pages Item #16D6 WORK ORDER WMBP-FT96-2 WITH WILSON, MILLER, BARTON, AND PEEK, INC. UNDER RFP 95-2422 REGARDING THE CURRENT ANNUAL AGREEMENT FOR PROFESSIONAL ENGINEERING CONSULTANT SERVICES FOR PREPARATION OF THE UPDATE OF THE NON-AD VALOREM ASSESSMENT ROLL IN THE NAPLES PRODUCTION PARK MUNICIPAL SERVICE TAXING AND BENEFIT UNIT FOR TAX YEAR 1995-1996 IN THE AMOUNT OF $6,000.00 See Pages Item #16D7 WORK ORDER WMBP-FT96-1 WITH WILSON, MILLER, BARTON, AND PEEK, INC. UNDER RFP 95-2422 REGARDING THE CURRENT ANNUAL AGREEMENT FOR PROFESSIONAL ENGINEERING CONSULTANT SERVICES FOR UPDATING THE FIVE DISTRICTS WITHIN THE EAST AND SOUTH NAPLES ASSESSMENT ROLLS IN THE AMOUNT OF $10,000.00 See Pages Item #16El BUDGET AMENDMENT 96-383 Item #16E2 RESOLUTION 96-238 ACCEPTING THE DISSOLUTION OF THE PRIVATIZATION PLUS TASK FORCE See Pages Item #16G1 CERTIFICATES FOR CORRECTION TO THE TAX ROLLS AS PRESENTED BY THE PROPERTY APPRAISER 1994 REAL PROPERTY NO. DATE 203 5/7/96 1995 REAL PROPERTY 240 5/7/96 Item #1662 MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED The following miscellaneous correspondence as presented by the Board of County Commissioners has been directed to the various departments as indicated: There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 2:23 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL JOHN C. NORRIS, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK These minutes approved by the Board on as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF DONOVAN COURT REPORTING BY: Heidi Handel and Christine E. Whitfield