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BCC Minutes 02/19/2002 J (w/School Board)February 19, 2002 WORKSHOP MEETING OF FEBRUARY 19, 2002 OF THE BOARD OF COUNTY COMMISSIONERS LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:05 a.m. in WORKSHOP SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: BOARD OF COUNTY COMMISSIONERS: CHAIRMAN' VICE CHAIRMAN: JIM COLETTA TOM HENNING DONNA FIALA FRED COYLE JAMES D. CARTER, Ph.D. COLLIER COUNTY SCHOOL BOARD: CHAIRMAN: SUPERINTENDENT: Anne Goodnight Dr. Dan White Linda Abbott Page 1 February 19, 2002 ABSENT: Donald J. York Pamela M. Cox (Absent) Nelson A. Faerber, Jr. ALSO PRESENT: TOM OLLIFF, County Manager JIM MUDD, Deputy County Manager LEO OCHS, Public Services DAVID WEIGEL, County Attorney NORMAN FEDER, Transportation Administrator JO-ANNE LEAMER, Administrator, Admin Services Division Page 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA February lg, 2002 School Board Warkahap g:00 A.M. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER .PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLUER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT UMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. ANY PER~ON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING8 18 MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBUC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABIUTY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE I=ROVISION OF CERTAIN ASSISTANCE. I=LEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL., NAPLES, FLORIDA, 34112, (941) 774- 8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. ~Z/£DfZD~Z ih:b4 9417744010 COUNTY MANAGER PAGE 1. PLEDGE OF ALLEGIANCE 2. AGENDA A. School Nursing Program B. Impact Fee Update C. Capital Projects 1. New Schools end County Utility Planning end Construction 2. New Schools and County Road Plennlng -,nd Construction 3. Government Acce~t Television Signal to Immokalee 3. ADJOURN INQUIRIES CONCERNINQ ~HANGES TO THE BOARD_'SA~_FNDA SHOULD MADE TO THECOU .NTy MANAGER,S OFFICE AT February 19, 2002 COMMISSIONER COLETTA: Good morning. And welcome to our school workshop. Would you all rise, please, and we'll say the Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) COMMISSIONER COLETTA: Once more, good morning. And, Mr. Olliff, are you going to start us off this morning? But I want to make one note before we begin. I'll have to leave at 9:45 on county business. At that time I'll turn the meeting over to Commissioner Henning who will take over. Mr. Olliff?. MR. OLLIFF: Mr. Chairman, thank you. Good morning. Just a -- a brief welcome to the school board members and the administration and staff that are -- that are here in attendance. We appreciate you coming all the way down to the courthouse to attend a workshop with us. It's one of the things that we used to do on a fairly regular basis, and I know the chairman has discussed with me the idea of at least having this as an annual opportunity for us to be able to discuss some opportunities. And we may try and set up something with you after this workshop to see if there's not a regular time that would work well for us to be able to get together. You have a very brief agenda, and I think the -- the collective staffs between the school board and the county have worked together to put together some brief presentation for you. These are -- these are primarily designed for the school board's sake to be more discussion items in a relaxed atmosphere, which is why you're down on the floor as opposed to up on the dias. We've not provided a lot of backup reading material in advance with the hope that most of the items that we talk about this morning are going to be fairly general in nature, and I think your staff can give you most of the information that you'll need. The first item on your agenda for both chairs is the school- Page 3 February 19, 2002 nursing program, and I think Dee Winterrey of the school board staff is kicking that off with the presentation this morning. MS. WINTERREY: Good morning. It's a pleasure to be here this morning to speak to the combined boards about the school nurse school health program. I hope this is the first of many presentations that we'll be doing jointly together for you. Today I'd sort of like to review what the school health program is, talk a little bit about a national perspective, bring it back home to a Florida perspective, and then zero in on how we provide those services here in Collier County. And I have my able assistant, Ellen, today who is going to assist us. School health program, that's how we're going to start off first today. We're going to talk a little bit about how we try to improve the quality of the effectiveness of illness and injury management for students. In our program we try to develop and coordinate collaborative approaches to addressing student health issues. We identify and treat individual health problems that impact a student's ability to learn and stay in school. Ours is a partnership. No one individual can deliver school health services in isolation or by themselves. It's a combined partnership between the Collier County School Board, NCH, Naples Healthcare System, and the Collier County Health Department. It's a collaboration approach, and that's how it's always been set up. Nationally let's review some statistics. According to the United States Department of Health and Human Services, there are over 47,600 RNs employed as school nurses in public schools. The ideal nurse-to-student ratio would be 1 to 750. And believe me, that is the ideal. On the average there's usually 1 nurse to every 2500 students, and in some districts the ratio is even higher. The presence of a school nurse has proven to lower absenteeism and increase graduation rates. The school district in Missouri Page 4 February 19, 2002 received funding to provide nursing services in 237 schools. An evaluation of this program showed that students had a lower rate of absenteeism, and students returned to the classroom sooner after the nursing care that they would have if they had been excluded from school to receive attention elsewhere. In this study 90 percent of parents in the school district reported being satisfied with their child's healthcare in the school setting. Let's zero in on Florida statistics. A Florida's typical school day, a student -- students have usually about a hundred thousand daily visits to health rooms. Students have 80,000 medication doses administered daily. During a typical school year, a nurse completes 1 million nursing assessments. A nurse has 2 million consultations with parents and/or school staff, and 182,000 complex medical procedures for students with set -- special needs present themselves. The role of the nurse in the school system is changing. Back in the days at least when I was in school and maybe some of the other people in this room were in school, the school nurse was the person who dispensed bandaids and did some basically noncomplex treatment kinds of roles. The role of the nurse today has changed considerably over the last decade moving from the basic first aid to dealing with array of complex medical, educational, health, and social problems. What services does the nurse provide? Identification, assessment, planning, and intervention and evaluation of students' health concerns is a major focus. Emergency first aid, illness, communicable disease controls is also an emphasis. Obviously there's medication administration. Vision, hearing, growth and development and scoliosis screening which our health department has done an outstanding job in providing for us, assessment and intervention for students with mental health needs and crisis team participation. We do in-service school personnel, staff wellness, Page 5 February 19, 2002 health records, and we prepare healthcare plans for students. A school nurse is a school link to the community, to the healthcare providers. Oftentimes this is the only person a child or a family may have contact with. It is their main link to the medical community. School-nursing services for the year 2000, 2001, the Collier County Health Department provided us with two full-time nurses and the assistance of one supervisor. Collier County public schools had eight exceptional student education nurses with two LPNs and one Head Start nurse. They addressed the issues for the medically fragile students that we have which have become quite extensive through the years. NCH provided 8.4 part-time nurses with one supervisor. On an average we had roughly eight to ten hours in each school weekly, not ideal by any means. The school health service for 2001-2002, as you can see, has changed. We have 19.4 nurses from NCH, a combination of 13.4 RNs, 5 LPNs, and 1 supervisor. We still have 12 nurses from Collier County public schools who again address the needs of the medically fragile in our exceptional student education programs, and we have one RN from the Collier County Health Department and one RN coordinator for that program. Funding options for enhancing school health services. This has been the ongoing continual challenge. Nursing services are not a mandated service in the State of Florida. So, consequently we are always continuing to look and try to find funds. We're able to use some state funds, a continued Collier County School Board funding, the generous gift from the Collier County Board of Commissioner funding of $250,000 this year for which we are most appreciative, grants, private donors which we had from NCH up until this past semester, and any community partners that we can take advantage of with their financial resource and supports in our program. Page 6 February 19, 2002 As you can see, the school year resources for funding for 2000 and 2001, again, Collier County had a total of 12 nurses at the cost of' a little over 444,000. Naples Community Hospital had 9.4 nurses with a cost of 366,000, and the health department is going to address their costs in their presentation. And our funding for the 2001-2002 school year, Collier County public schools had over 491,000 for nursing services; NCH had 525,000 over for NCH hospital costs; and then Collier County Health Department costs which will be covered. If you look at the school health program for 2001, 2002, you can see the contributions with Collier County public schools, 250, for the board support for our program, the 491,000 that is going into direct services for the medically fragile students for our board, and the Collier County Board of Commissioners, which is the new money that we received this year, 250,000, which allowed us to expand our service with 10 new people -- 5 RNs, and 5 LPNs -- for a total of 991,000. That does not include NCH's contributions of 182,000 for the first semester of this year, which covered nursing services from August until December. If you look at our model, the challenge that we face, we're a growth county; we're a growth school system. We're continuing to build schools. Next year we'll have two new elementary schools opening. The following year we'll have three new schools opening. If we look at Model A which is a nurse in every school, that would be 36 RNs at a cost of roughly 1.4 million. If you look at Model B which is pretty much of a model that we're operating under where it's a combination of nurses, RNs and LPNs, the cost is a little bit less, 1.265. If we continue on the current model that we have right now in place, an estimate would roughly be 690,000 to provide what we have. I have some letters that I'd like to just share with you briefly Page 7 February 19, 2002 before I close. They just sort of are letters of support that we received from building principals and parents who have benefited as a direct result of the boards', combined boards', contribution. This one in particular is from the principal at Gulf Coast High. She indicates that there has been an increased need for school healthcare through -- as their program continues to grow there. The needs have been compounded by the enormous proportions of Gulf Coast has grown to nearly 2300 students and 175 staff. On an average day we have over 50 students in the clinic for a variety of reasons. And, unfortunately, emergencies are not uncommon. Decisions regarding healthcare issues are made often, and healthcare professionals and those decisions have to be made frequently by the nurse. With the full-time nurse in place at the campus, this has allowed us to provide quality medical care. Another one indicates from a parent that her child is wearing a pump for insulin delivery, and there are times where mistakes can be made and that it is important and critical to have a nurse on staff to help monitor that problem. And the parent goes on to say that they are extremely appreciative for the full-time nurse that has been in place at that school. Just find one other one here for you. This is a letter from a parent who has a child who has an endroperine (phonetic) disorder, and they have an adrenalin crisis at times. And there are also needs for the nurse in the building for that particular child, as well as in that building several students who have severe allergies that require epipen treatments and nine students who have asthma and need inhalers. There is no end to the stories that I could share with you today about the need for a full-time nurse in each of our buildings. So you can see, just from -- briefly the comments that we've had here today at the podium, that it does make a difference having a full-time nurse Page 8 February 19, 2002 in place. In closing, why do we need our school nurses? In order to provide the quality of healthcare services in a safe environment, more school nurses and an increase in funding are needed. School nurses can impact the health and educational outcomes of our students. Healthy students make better learners. Better students make a healthy community, and, basically, we need our school nurses. At this point in time I'll be glad to call up my partners, and we will be glad to answer any questions that you may have in regards to our school health program. Elaine Wade from NCH, Susan Craig and Roger Evans from Collier County Health Department, and Donna Gabe (phonetic) from Collier County Public Schools. Any questions? COMMISSIONER COLETTA: Questions on behalf of the commissioners? I'd just like to make a comment. I -- I do appreciate very much what you have done. And, Anne Goodnight, on behalf of your board, I want to thank you, my board to your board, for stepping forward and making this happen. This was quite a step forward in our community. I hope it will continue into the distant future. COMMISSIONER FIALA: I do have a question, as a matter of fact. COMMISSIONER FIALA: RNs and 18 LPNs in the schools. program. MS. WADE: nursing program. COMMISSIONER FIALA: MS. WADE: Correct. COMMISSIONER COLETTA: Commissioner Fiala. You have 18 and 18 right now, 18 Is that what you have? The present I'm Elaine Wade, the director of the NCH school- That's a projection. COMMISSIONER FIALA: How do you have them now? MS. WADE: We have a combined for NCH 19.4 nurses. Five Page 9 February 19, 2002 of them are LPNs, and the rest are RNs. COMMISSIONER FIALA: How do you figure out which schools to send the LPNs and which ones the RNs? MS. WADE: Basically I think we've hired excellent staff, and the schools are staffed by -- I try to keep the same nurses that have been there in the past for continuity for both the program and the students. And the LPNs are very capable. They all came with many years of pediatric and emergency room experience, and they are supported by myself and other mentoring RNs. So, I mean, I think across the board they function well where they're assigned. COMMISSIONER FIALA: I know you run a fine program because I've had an inside look at it, frankly. But I was just wondering do you put RNs more in elementary schools or in high schools? I didn't know if there was -- there was a rationale behind assigning them. MS. WADE: Really, it depends. I have LPNs in some of the middle schools and some of the elementary. All of our high schools have full-time RNs at the present time. COMMISSIONER FIALA: Oh, okay. Thank you. MS. ABBOTT: I have a question. COMMISSIONER COLETTA: Yes. Go ahead, Miss Abbott. MS. ABBOTT: We have projection to use LPNs, and I believe that there was a law or a policy that -- is it that an LPN has to work under an RN, or is there any reason why we couldn't use LPNs at all of the schools? MS. WINTERREY: Well, I have to tell you I just came back from a national meeting on school-nursing, and there are many, many models to address school health. And LPNs and school clinic aides are part of the national models out there. LPNs in this state need to be supervised by an RN. MS ABBOTT: Is it one on one, or could we assign more -- Page 10 February 19, 2002 MS. WINTERREY: They do not have to be on site, no. MS. ABBOTT: So we can assign more LPNs per RN, and that would stretch our dollars further. Is there a significant difference in dollars? MS. WINTERREY: Absolutely, yes. MS. ABBOTT: Is that something we could study so we could compare the difference in the costs and see how maybe we can make that money go further? MS. WINTERREY: Well, I really think we have to look at the best model. And I think the program really goes how the leadership and how the program is developed and managed. And I think we could have a variety of ways of addressing school health here in Collier. MS. ABBOTT: But if an LPN is sufficient for the school or more than adequate, we don't want to hinder anybody, but we're already using that program. MS. WINTERREY: Yes. MS. ABBOTT: Then if that would be adequate and sufficient, then there would be no reason to not use more; is that correct? MS. WINTERREY: Myself and my administration really feel comfortable with the -- the model that we're using, and I think very my LPNs are doing an excellent job down here. MS. ABBOTT: Thank you. COMMISSIONER COLETTA: Commissioner Coyle. COMMISSIONER COYLE: Thank you, Mr. Chairman. I believe you showed us some national statistics earlier concerning the -- the desired ratio and the actual ratio nationwide for RNs to students. Can you tell me what ratio you have now and -- and what is your goal? MS. WINTERREY: The national statistic that we referenced was 1 to 750. And many districts in the State of Florida exceed that Page 11 February 19, 2002 significantly and are over the 1 to 2500. At one point we were almost double that here, and now we're down to a little over 2,000 in Collier County as a result of the new infusion of dollars. COMMISSIONER COYLE: So 1 per 2,000 is what it is right now. MS. WINTERREY: Right. We are trying to get that ratio lower, and, obviously, as we look at how we deliver those services to the students in Collier County, depending on the type of model will make that ratio become even lower. But I know that we're appreciative of what we have right now. Is that where we want to be? No, it's not, but it's a step in the right direction, and we're evolving into program delivery. COMMISSIONER COYLE: Is it your intent to try to get to the 1-per-750 level? MS. WINTERREY: I think that would be wonderful, but I don't think that's probably ideal. Fiscally it's going to be almost impossible to obtain, especially in a growth county the way we are, but I would like to have it reduced lower than what it currently is, yes. COMMISSIONER COYLE: Thank you. COMMISSIONER FIALA: One more question. COMMISSIONER COLETTA: Commissioner Fiala. COMMISSIONER FIALA: We provided the funding this year. There was a lot of hassle about it, but we -- we knew that this program was extremely important, but we -- we did it for one year only. Are -- are you on -- are you in an area now where you'll be able to fund this school-nursing program by yourself?. MS. WINTERREY: I think for Collier County public schools or any school district in the State of Florida to take on the funding full time for school nurses without a collaborative partnership is fiscally almost impossible for us to do. We're extremely gracious -- grateful for the donation that you contributed to our school health program. Page 12 February 19, 2002 We're continuing to look at grants; we're continuing to look for other funding sources. But it's a very lean year, as you're well aware of, in the State of Florida, particularly in education and healthcare services. So we have some significant concerns about funding. COMMISSIONER COLETTA: I might be able to help with something. There's $300,000 in funds that the school system will be coming into -- be coming into very shortly. Originally 20 years ago the money was bonded. It's a pari-mutuel money, three hundred some thousand plus or minus a little bit, and that will be coming into effect this next year. And I would think that since this is found money, that this might be able to help towards the county's share to keep the program going without any difficulty. That would be a suggestion at this point in time. The county is going to, from what I -- all indications I've seen, it's going to be an uphill fight to be able to bring around additional funding for the coming year. I've seen us as a catalyst to make this happen. I -- I don't see probably the county getting involved in the long range, but, once again, too, we're always open to your suggestions and ideas. And let's see, we're going to go to Linda Abbott and then to Commissioner Henning. MS. ABBOTT: Thank you. I'm going to reiterate the same question just one more time just for my clarification, please, and forgive me for not noting how many -- what the mix was now. What is our mix of RNs to LPNs currently, and what is the difference in average salaries that we would incur? MS. WINTERREY: Right now, Mrs. Abbott, we have five LPNs in place. This is the first time we've ever been able to utilize the LPN concept, so we're kind of on experimental ground, if you will, with the use of those LPNs. Primarily those LPNs were assigned based on acuity needs of the students, the building sites as to what is the medical needs at that particular campus. Page 13 February 19, 2002 MS. ABBOTT: I see but--. MS. WINTERREY: And as we grow out here, we're looking at the possibility of changing that ratio so that possibly -- obviously, we're going to get more bang for our buck, if you will, by using more LPNs. So that is being studied right now. MS. ABBOTT: Okay. Thank you very much. COMMISSIONER COLETTA: Commissioner Henning. VICE CHAIRMAN HENNING: Thank you. It's -- school- nursing program is a great program, and I think it's a needed program. But it's a function of the schools, a day-to-day function that I believe. And I don't -- with the challenges that the county has, the county commissioners with funding of our concurrency items, I don't think the -- the county can step up again and -- and help out with this -- with this need, so I would hope the school -- school board members would sharpen up their pencils and see what they can do to keep this program going. COMMISSIONER COLETTA: Commissioner Coyle. COMMISSIONER COYLE: With respect to the money you mentioned that would be available next year, did you mean next fiscal year or next calendar year? COMMISSIONER COLETTA: Mr. Olliff, can you enlighten us on that? MR. OLLIFF: I'm sorry. What was the question? COMMISSIONER COYLE: The question was, the money that -- that Commissioner Coletta mentioned that would be available next year. MR. OLLIFF: Yes, sir. COMMISSIONER COYLE: Does that mean we can consider that money when we create the next fiscal year budget, or are we talking about next year's budget review process? MR. OLLIFF: You're talking about the fiscal year '03 budget. Page 14 February 19, 2002 What was pari-mutuel funds that were dedicated to a bond issue, the last bond payment is made in fiscal year '02, the year we're currently in. So by agreement, the balance of the monies go directly to the school board for their use. Now, it's up to the school board to use that money as they choose when it gets distributed to them, but it's about 300 -- if I recall about 320, $25,000 that will be transferred through the county government budget directly to the school board starting fiscal year '03 or October of this year. COMMISSIONER COYLE: So -- good. Thank you very much. MS. ABBOTT: Is -- is that our money? Is that the school board's money? CHAIRMAN COLETTA: That will be the school board's money, correct. MS. ABBOTT: Because of agreement or because it was originally the school board's and it's coming back to us? MS. GOODNIGHT: No. Actually what happened -- Anne Goodnight for the record. Actually what happened is that the county commission-- when the pari-mutuel began at Bonita Springs, there was a state law that said that it would be shared between the school district and the county commission, but the county commission at that time in their wisdom felt like they needed the money for something else, and they bonded it, and so the school district has only been getting a certain percentage of that or whatever. And so when it comes back, you know, as far as I'm concerned, I think that since we've gotten such a small percentage of it, that, you know, the school district should certainly get more than its fair share for a While since the county has taken up most of it in bond issue. Do you under -- do you understand? MS. ABBOTT: Yes. Thank you. So it sounds like at least for a Page 15 February 19, 2002 year, the school board can --. MS. GOODNIGHT: In my opinion, it should be longer by that. MR. OLLIFF: Actually by -- by assigned agreement you get the monies from here on out, and you get 100 percent of the monies from here on out. This coming fiscal year '03 is about $320,000 more than it was in the last 20 years. In the last 20 years or so, you've gotten about 25 percent of the revenue. From here on out, you get 100 percent of the revenue by agreement. COMMISSIONER COYLE: If-- excuse me. CHAIRMAN COLETTA: Go ahead, Commissioner Coyle. COMMISSIONER COYLE: If this money was bonded, what has happened to permit us to release it now? MR. OLLIFF: This is the last year of the bond payment. It was a 20-year issue, and this is the 20th year. COMMISSIONER COYLE: Okay. COMMISSIONER COLETTA: So I think that would be some help. Of course, that doesn't mean we can't be proactive in some of our lobbyist efforts to help the school board whenever possible. And I'm sure that through public health or other departments if we see grants that are available, we'll assist you in any way possible to obtain these grants. And we are an interested partner in other avenues of the school systems involved and as far as your -- your playgrounds and our parks cooperatively. There's going to be a number of other ventures we'll be in together. Any other questions or comments from the commissioners? MR. YORK: I just have a -- Don York for the record. Ideally then, what you're saying, 750-to-1 ratio, we'd need 45 nurses --. MS. WINTERREY: Next year -- MR. YORK: -- based on 36,000 kids. MS. WINTERREY: Right. Next year we'd have a big -- huge amount of nurses to hire, and we thought we'd have a difficult time Page 16 February 19, 2002 this year hiring the ten extra nurses. But surprisingly enough, especially with the critical shortage nationally of nurses, we did not have that difficulty. I think a lot of people found their nursing career conducive with working in the Collier County Public Schools, and we were very fortunate, but we would have a hiring difficulty if we would go to that ratio. Not to mention fiscally, I think it would be very difficult to manage. MR. YORK: My guess would be it would cost us a lot? Two million? MS. WINTERREY: That would cost us significantly more than our projection right now with the combination of LPNs and RNs, yes. CHAIRMAN COLETTA: Mr. Mudd, do we have any speakers on this subjected? MR. MUDD: No, sir. CHAIRMAN COLETTA: Mr. Olliff?. MR. OLLIFF: Mr. Chairman, before you leave the topic, I do believe the public health department had a five-minute presentation they wanted to make as well. CHAIRMAN COLETTA: Dr. Colfer. DR. COLFER: Good morning, Mr. Chairman, commissioners, members of the school board. For the record, I'm Dr. Joan Colfer. I'm the director of the Collier County Health Department. It's a pleasure to be here this morning, first of all, to thank both groups of you for listening to us last year when we came before you and said, you know, this program really needs some help. Even if it's just onetime help, we really do need to give it a shot in the arm and get the school nurse program moving. Susan Craig, who is sitting here in front of me, is our director of nursing and also the supervisor of our school health program for the health department. She's going to highlight the preventative aspects of the school health program. She's going to focus on both our Page 17 February 19, 2002 screening and our immunization efforts. I think you will be surprised at the sheer amount of services that are provided to this segment of our population and our schools, as well as some of the health status outcomes that we're going to show you this morning. And with that, Susan, I'll turn it over to you. MS. CRAIG: Good morning. As Dee Winterrey said, this is -- providing for the health of our students is really a partnership, and Dee's gone over the health services aspect of that very well. So I'm really not going to touch on that at all. The mission of public health is -- particularly relative to school children is promoting and protecting the good health of all school children. By statute the health department is required to develop a school health services plan in collaboration with the district school, Collier County Public Schools, and the School Health Advisory Committee. At minimum this plan provides for health screening, referral and follow-up of health problems, health counseling, and immunizations, linkages to health treatment in the community, consultation with parents regarding health attention, nutrition assessment, and quality assurance through record reviews. The CHD is kind of in transition now. Four years ago we began working to provide a full-service school model, and we had two nurses in two schools. We now have one nurse, and that one nurse is no longer in one school but shares schools. So we are kind of in a transition period from looking at providing the direct care in the school health room to looking at and evaluating services, are we giving the right services in the right way, getting the outcomes that we want, looking at detection of routine communicable diseases to preparing for mass communicable disease types of events such as has happened in other sections of our state, meningitis, etc., these kinds of outbreaks can be devastating to a school system and to the student population if you're not ready to handle those, moving from Page 18 February 19, 2002 individual student-based health promotion education to student population-based health promotion services and looking at what had been a minimal schoolhouse screening program to a more enhanced health screening program. The activities that we will be focusing on are school health screenings, both public and private, which we are required by law to do, follow-up of positive screens to ensure that children who have hearing deficits, vision deficits, etc., are, in fact, followed up and get the treatment they need, establishing linkages with health providers so that students who require healthcare and don't have a medical home can get that healthcare, and monitoring student immunization status. Case management of students with problems, head lice problems, other sorts of problems that require home visits, and student population based health promotion and prevention initiatives: Tobacco avoidance, obesity prevention, and preventative dental health. Why is it that we're -- we're switching to this preventative focus? I think because we've worked hard to getting those school health services in the schools, but ultimately if you keep children healthy, you cut down on those number of visits to the -- to the health room, so that's where we're trying to focus some of our attentions. The single-most significant decision in healthcare is providing children and youth with quality coordinated school health programs with a strong emphasis on prevention. There needs to be a shift from a predominant focus on illness to an orientation that includes health promotion and prevention. One of the two major gaps in today's healthcare system is the lack of preventative services for youth. And optimal health and the ability to learn are inextricably linked. Health screening data, some of our data from 2001-2002, you'll see that we screen for vision Page 19 February 19, 2002 anywhere between 10,000 and 120,000 children a year. We're not finished for this year, so the -- the red bar you'll notice is -- is slightly lower. In terms of our screening outcomes, of the children who are screened, the blue bar shows you the number that had a negative outcome that required some kind of follow-up. The red bar shows you those who actually received that follow-up, and the yellow bar is the percentage of those, the number of those who received follow-up who actually needed some sort of follow-up medical treatment. And, as you look at this, you can see that when we're able to get and follow children up for vision, 95 percent of them end up needing some sort of intervention, 65 percent for hearing, 87 percent for scoliosis, and 94 percent for growth and development. Actually, 25 percent of that 94 percent actually have -- are beginning and have medical problems that need attention based on they're overweight. Obesity and overweight is now a national health epidemic. And if you look at these, these are results from our 2001-2002 screening. You'll note the red line was the national rate for students 6 to 17 in 1962. Basically 5 percent of the student population were obese; in 1983 to '94 for the 6- to 11-year-old population, about 13 percent. And for the 12- to 17-year-old population, it was about 11.5 percent. Clearly, when you look at this data, we can see that we have a lot of students who are suffering from overweight and obesity. Immunization, in the fiscal year-- in the school year 2000-2001, we made an effort to go in and review as many of the schools as we could for immunization status. We reviewed 27 schools and out of those, after doing a cursory review through the computer system, found that there were 2,962 records that we actually would sit down and review for possibly outdated immunizations. We found that there were 1,908 missing immunizations. Now, that's not 1,908 students because one student may be missing more than one. We Page 20 February 19, 2002 have a population in Collier that school population that is frequently transient coming in and out of schools. And trying to keep track of this is, at best, a difficult job. And so that is one area where we're looking to put more of our resources towards. This just shows the type of immunizations that were missing. The CCH staff there is -- and when I'm talking about our school's health staffing here, I'm talking about the sum of school health staffing that addresses school health issues, not just the school nurse in the school health room. We have one administrator. We have four full-time RNs. We have eight part-time RNs, mostly field-type staff; two LPNs; three part-time family support workers that assist with screenings; part-time nutritionists and a part-time health educator. Our budget for the total school health program for this year is expected to be $341,337. And the revenues that get brought in are 334,566. As you can see, there's a -- a deficit there that we'll be making up with our general revenue dollars. Thank you very much. Any questions? CHAIRMAN COLETTA: Yes, Mrs. Fiala. COMMISSIONER FIALA: You know me. I have questions. I actually have three. CHAIRMAN COLETTA: Good questions. COMMISSIONER FIALA: Thank you. The first one is regarding head lice that you mentioned. Do you provide medication or shampoo to those families who qualify for reduced lunches? MS. CRAIG: There is a program this year through the schools that the health department works with the schools in procuring the medications, but they are -- they are provided to the children through the school nurse program. COMMISSIONER FIALA: Okay, fine. So -- so that is taken care of. I was worried about, you know, you can have an infection of head lice, but if you don't give any -- give the families who can't Page 21 February 19, 2002 afford the medication a way to combat it, then it's a problem. Secondly, I was wondering if the school-nursing program or the public health unit will be providing some type of counseling to those students that have -- have been -- I'm sorry to say it this way -- infected with Ian Harvey's -- COMMISSIONER COYLE: Virus. COMMISSIONER FIALA: - - jibberish -- yes, thank you. I'm certain that you're addressing the need for some type of counseling for these students. I'm just wondering, who would offer that? MS. CRAIG: I believe that -- counseling to this point has primarily been the --. DR. WHITE: That would take place at the school level. If something should become more severe, then we would make recommendations and work jointly with agencies outside of the school. COMMISSIONER FIALA: And you are addressing that presently; right? DR. WHITE: Absolutely. COMMISSIONER FIALA: Good. And, thirdly -- and this is an easy one -- do you have volunteers that help you with these prevention programs? MS. CRAIG: Yes, we do. We have volunteers that help with our immunization programs in the middle schools. In terms of the direct services, we do not have many volunteers if you're talking about in the school health room where we have nurses. But we do in our -- in our prevention programs and in our immunization programs. COMMISSIONER FIALA: Thank you. CHAIRMAN COLETTA: Commissioner Coyle, then Commissioner Abbott. COMMISSIONER COYLE: Thank you. With respect to the screening of immunizations, is this accomplished by nurses on the Page 22 February 19, 2002 se -- your-- your staff, or are they accomplished by people who are nurses on staff at the schools, under the school-nursing program, or both? MS. CRAIG: Both. COMMISSIONER COYLE: Both. Okay. So -- so that the -- the nurses on site at the schools actively participate in the screening for immunization status. MS. CRAIG: Yes. COMMISSIONER COYLE: Okay. Thank you. MS. ABBOTT: I was curious about the immunizations, too, and when we find that many in deficit, are those requirements to enter school, and are those also -- does the health department offer some sort of method of obtaining those at the school site? I guess it would take --. MS. CRAIG: We currently have monthly immunization clinics at the middle schools so as to make it easy for the parents to be able to get their children immunized. The health department has also started several years ago having evening immunization clinics. They're clinics that don't require an appointment, so parents can come in whenever it is convenient for them, as well as our -- our usual immunization clinics during the daytime. And we're always looking at other types of opportunities that will help get that population immunized. (Chairman Coletta was no longer present for the remaining proceedings.) MS. ABBOTT: Is it a requirement for those students to have those immunizations by law to attend school? MS. CRAIG: Yes. MS. ABBOTT: So -- okay. So we need to really make sure that those students have the immunizations on a regular basis. MS. CRAIG: And I think that's -- that's what we're trying to do. Page 23 February 19, 2002 As I said, we deal with a transient population, students coming in the middle of the school year, transfer and transfer of records, which by law we're allowed to accept the transfer of records. Sometimes by the time you get those they may not always match up with a hard copy. So there are a lot of systems issues that we're looking at to -- to improve that. But I have to tell you that those rates probably are much better than many other counties. I don't know if you've heard -- listened to the news recently and heard Washington, D. C., is having a terrible problem with immunizations. It's not an easy issue, and I think we've -- I think it looks so high because we've looked at it. We've gone in and really done a comprehensive review that not too many schools and health departments really do. MS. ABBOTT: But it -- I guess it sounds like it's the school district's responsibility to make sure that those students have their immunizations, and you don't want to hinder the child from attending school, but at the same time there has to be some way to enforce that. MS. CRAIG: I see that as a combined responsibility. I think all three of the partners involved in school health have a responsibility for that. MS. ABBOTT: Uh-huh. MS. GOODNIGHT: And we do have that. You have to have all of your shots by the time that you're in kindergarten. And then if you're -- if you don't have -- if you're not up to date with your shots by 7th grade, then you're not allowed to come to 7th grade until you have all of your shots brought up to date. And the health department does work with us with the after -- you know, in the evening so that parents can get the shots and everything that they do. But these are requirements of the school system. So the school system is doing their job as far as making sure that -- that everyone that comes in on these certain grades have all of their shots up to date. VICE CHAIRMAN HENNING: Commissioner Fiala. Page 24 February 19, 2002 COMMISSIONER FIALA: If that's the case, then how did you have 1907 -- you didn't say students. MS. CRAIG: Right, missing immunizations. COMMISSIONER FIALA: -- missing immunizations? DR. COLFER: I'm Dr. Colfer again for the record. Susan, maybe if you could go back to the slide that's the pie chart and shows the individual immunizations that are missing. Go back to -- I think it's slide No. 15. Can you do that or you can't? MS. CRAIG: I'd have to load up, but I can tell you that out of those -- some of those -- 25 percent were MMRs. That's a new requirement. DR. COLFER: Measles, mumps and rubella. MS. CRAIG: Measles, mumps and rubella. The second-- the second immunization. The same thing for hepatitis B. Most of these outdated or missing immunizations were hepatitis B. This is a new requirement that occurred four or five years ago now that we are still playing catch up on and trying to get students who as they enter the 7th grade to -- from 6th grade to 7th grade now need to meet that requirement where they didn't need it to enter school. And I think that's a big part of the issue. As new immunization requirements came due, there's a -- a ramp-up time to really get all of the students up to date. COMMISSIONER FIALA: So then you're saying everybody from 7th grade on is already immunized. These 1907 are all below 7th grade? MS. CRAIG: No, no. It is a combination of-- of children in all grade levels. But just by the virtue of the fact that 49 percent of those missing immunizations were hepatitis immunizations, what that tells me is that a lot of them were in the age group of 7th grade and up for whom that became a new requirement several years ago. VICE CHAIRMAN HENNING: Commissioner Coyle. Page 25 February 19, 2002 COMMISSIONER COYLE: answered. Thank you. VICE CHAIRMAN HENNING: comments? (No response.) VICE CHAIRMAN HENNING: impact fees update. My question has just been Okay. Any other questions, Let's move it to Item B, MS. HUBBARD-ROBINSON: Good morning. Good morning, everyone. I'm here from -- my name is Jacquelyn Hubbard- Robinson, and I am an assistant county attorney for Collier County. I have been working along with David Weigel, who is the county attorney, on the issues regarding school impact fees. And particularly our office was asked to do a legal analysis regarding whether or not the staff's position is legally defensible, that is, should the staff-- can the staff decide to collect unpaid school impact fees. And the answer is attached to your agenda packet today. And I'd just like to briefly discuss our understanding of the law on this issue for you. I might add that our office has been in discussion with Mr. Clapper, who is the school board attorney, and we have discussed the legal ramifications of such actions. And we are in agreement in terms of how we probably should proceed. Essentially, the analysis asks the question, is county staff's position legally defensible in concluding that owners of residential property may be required to pay school impact fees on certain properties built prior to the Florida Supreme Court decision in Aberdeen, which is the Seminole case regarding the imposition of school impact fees, and prior to the recording of deed restrictions limiting residents to adults only in that particular development. And the conclusion that we reached is that this position is, in fact, defensible. There's a short discussion of the factual basis for the question that's in my memorandum. I'll go through that with you Page 26 February 19, 2002 briefly. There are many residential developments in the state of Florida, really, which have different types of housing within the development. And the development is advertised at least to be for persons who are 55 years old or older. Many have lease provisions or declarations of condominium or bylaws or other rules and regulations that attempt to limit the length of time someone who is school aged can reside within those communities. However, most of these particular types of rules and regulations are easily amendable. And that was the situation that was been -- that has been examined by the board over a period of approximately ten years. There are a number of cases in which the Florida Supreme Court has held that the imposition of school impact fees are legally permissible. The most important case for this issue was a 1991 case, St. Johns County, which I do talk about in the memorandum, and the most recent case, Aberdeen, occurred in May of the year 2000. So the court has been grappling with this issue for a long time. In Collier County we calculated and assessed school impact fees after a study was conducted by a firm out of Washington state, Henderson and Young. They did a study, and they -- they tracked a number of factors. But after the study the Board of County Commissioners decided to impose school impact fees which the county collects for the benefit of the school board. And the calculation basically held that these fees may be based upon a determination of, one, the burden created by new development from the community as a whole. And I'd like to point out here that there is a distinction that the court makes for developments and -- as opposed to single-family homes. The firm prepared the study and did a fairly precise mathematical analysis of the residential patterns in Collier County analyzing both the benefits and the impacts and the related costs of Page 27 February 19, 2002 new development. And they divided housing in Collier County into three categories, and these three categories were incorporated into the school impact fee ordinance adopted by Collier County. So they determined that essentially there are three types of housing that should be assessed a fee: Single-family, multifamily, and mobile homes. They made no other distinctions. Included within the definition of multifamily residences were ACLF and as defined at that time under the Florida Statutory section of 40.4026 which still exists today. That was in 1992 that they included ACLF. And that ordinance has been in effect based upon that study to today. I would like to point out at this point -- at this point, however, that I was part of the selection committee for Collier County to select the consultant to perform an updated study. And on February 26th the short list will be presented to the Board of County Commissioners. The number-one ranked firm by that committee was the Henderson and Young firm, the same firm that conducted our initial study. That firm -- or-- or if that firm -- if no contract can be worked out with that firm, assuming that the Board of County Commissioners will approve the short listing, it will be asked to do a few things a little bit differently than it was asked in the early '90s. One aspect of it is that we will ask the consultant at the direction of the transportation administrator to study, including as -- as -- as costs, buses and ancillary facilities to the schools, such as roadways and sidewalks and things of that nature to make sure that we can pay for those out of the impact fee collected. Now, to get back to my report here, the power to enact school impact fees is not limitless. It is conditioned by the U.S. Supreme Court and also by the dictates of the Florida Supreme Court. Essentially the courts have held that residential housing is Page 28 February 19, 2002 subject to school impact fees unless at the time of the payment of the fee they can demonstrate through a recorded deed restriction that they will have no children at any time in that development and, therefore, they will place no burden on the school system and are, therefore, exempt from the payment of school impact fees. So it's a relatively narrow exemption, and it appears to be limited to developments that have a recorded restriction on the use of the facilities within the development that will prevent children from ever residing on the property. I think the -- the basic test, at least as we understand it, is that -- and I've stated that in the conclusion on page 5 of-- of my handout there. The court used very restrictive language in the Aberdeen case in expressing the permissive parameters of an exemption for adults- only communities. And that was that the covenants, conditions, and restrictions must preclude any owner from changing the character of the community. And the conclusion that was reached was that unless a development or a residential property owner can demonstrate that it was entitled to an exemption at the time for payment of the fee, which is when the building permit is pulled, it is obligated, just like every other similarly situated property owner, to pay its school impact fees. Staff at the present time is in the process of doing an analysis of existing developments to determine which developments, in fact, did not pay their school impact fees at the time their building permits were -- were pulled. And the consensus appears to be at this time among staff, the county, the school board, and tacitly at least from Dwight Brock's office, the county clerk, the clerk of courts, that the county should endeavor to collect the fees. And we're in the process of trying to determine exactly the method that will be utilized to do SO. So if you have any questions -- Page 29 February 19, 2002 VICE CHAIRMAN HENNING: Questions, Commissioner Coyle? COMMISSIONER COYLE: Yes, I have a question. Jackie, this is a -- a very complex process when we start going back in time to try to determine how we -- we collect impact fees. Now, I won't belabor that point today. I -- I presume this is coming before the Board of County Commissioners at some later date for-- for decision making? MS. HUBBARD-ROBINSON: Apparently so, yes. COMMISSIONER COYLE: Okay. I will save my -- my questions and comments then until that point in time. MS. HUBBARD-ROBINSON: I would say that we do have records that indicate when the fee -- when the permit was pulled and who pulled the permit and for what use it was supposed to have been used for. COMMISSIONER COYLE: The problem comes, as I see it, when the ownership has changed since that time. Are you going to charge a new owner for an impact pea -- fee for that property that was actually -- an exemption was given to a prior owner? That becomes a fairly complex process, I think. MS. HUBBARD-ROBINSON: We -- we do agree that it's a fairly complex process, and we are in the process of trying to determine the ownership issues. And the ordinance in effect that was adopted by the Board of County Commissioners in 1992 states that the duty to pay the fee runs with the land. COMMISSIONER COYLE: Yeah, I understand. But fairness is a different issue. MS. HUBBARD-ROBINSON: I agree. We're -- we definitely agree with you on that one also. COMMISSIONER COYLE: All right. MR. YORK: I have a question. Page 30 February 19, 2002 MS. HUBBARD-ROBINSON: Yes. MR. YORK: In the issuance of a permit, isn't it required that all impact fees be paid at the time? MS. HUBBARD-ROBINSON: Yes. MR. YORK: So if-- if we are going back now to say that this particular property didn't pay their school impact fee, how -- how was the permit issued in the first place, and are we now second-guessing ourselves? MS. HUBBARD-ROBINSON: Well, from the information that -- that has been provided to us from staff, it appears that there are a variety of reasons why the fees were not assessed at the time that the permit was pulled. There are also some instances in which the -- the fee may have been pulled under one category, say, such as a condominium in which it was assessed the fees and then later came back and said we're not a condominium, we're an adult-only facility, and we should be refunded the fee. So there are a number of different things that have happened. And we're also in the process of attempting to determine those answers also. MR. OLLIFF: What-- VICE CHAIRMAN HENNING: Linda Abbott. MS. ABBOTT: Thank you, Mr. Henning, Commissioner Henning. How far back would we go -- I think Commissioner Coyle is -- is making a good point. I mean, it sounds so cumbersome, but there's a lot of money at stake, so it's a very important issue, especially for the school board, because we're -- our funds are -- are dissipating, as they are everywhere. So I was wondering how far back would we go, why were they not assessed, those properties at the time, and you've just alluded to one answer. But what caused us to realize all of a sudden that that wasn't done properly, and what brought all of this about? Why are we going back now and looking at this? And, you Page 31 February 19, 2002 know, it doesn't sound like an easy thing to remedy. Again, there's a lot of money at stake. MS. HUBBARD-ROBINSON: I think what brought it about was an inquiry by counsel for a property owner concerning the refunded fees. And when the refunded fees were reviewed, the question arose, well, how did this happen in the first place? And then after reviewing that particular factual scenario, the question -- second question was, well, if it happened here, has it happened anywhere else, and that prompted a review. And the review seems to indicate that for a variety of reasons, impact fees may have been not properly assessed at the time that the building permits were issued, not in a lot but in some developments. MS. ABBOTT: We're talking about almost $2 million? MS. HUBBARD-ROBINSON: No, I don't believe we're talking almost $2 million. I think we're talking somewhere in the neighborhood of 600,000 to possibly a million. MS. ABBOTT: I thought I saw 1.8. MS. HUBBARD-ROBINSON: Yes. You may have seen an earlier list. Now, in terms of how far we've gone back to look at these, the ordinance was passed in 1992. So we've looked at school -- well, we've looked at building permits that were pulled for residential developments that characterized themselves as being adult only from 1992 to the present. MS. ABBOTT: And you're talking about the multifamily as being classified as ACLF? MS. HUBBARD-ROBINSON: Well, the reason I mentioned that is because an argument has been raised on more than one occasion that when the ordinance was adopted, adult congregate or adult-care facilities were exempt. But in speaking with the consultant, we've been informed that they -- they were, in fact, Page 32 February 19, 2002 looked at. They were, in fact, included. And if you look at the existing educational facilities impact fee ordinance or code section, you would find that in the definition section for multifamily, which is one of the three uses of-- for impact fee assessment, ACLF is included. So that seems to substantiate what the consultant said when he said that they had taken those into consideration. VICE CHAIRMAN HENNING: Mr. Olliff, do you have some comments? MR. OLLIFF: Just to help maybe answer Mr. York's question and to help clarify, this is a very difficult, awkward issue, frankly. And it's not as -- as clean as anything that we have gone back and audited and found a problem where the staff having clean rules didn't apply the rules correctly from the beginning. In this particular instance, when a development project would come in, would claim that they were an adult-only living community, the staff was asking them to show them some sort of proof, and that proof may have come in the way of marketing information that showed that it was going to be a 55 or older-type community or something like that. The staff would then make the determination administratively that that particular development project wouldn't have children and probably shouldn't pay an impact fee. The standard, then, wasn't established legally until the Supreme Court decision made the decision some years down the road. Then once the standard is established, that becomes the standard that probably should have been enforced all the way back from the very beginning of early adoption of the school impact fee. But it was very difficult for staff to know what would be the legal standard until that Supreme Court decision had been rendered. So it's -- it's a difficult situation to be in, but if today the standard is that it has to be an irrevocable deed restriction that's recorded, then that is the standard that we need to apply and that all of those projects back to the Page 33 February 19, 2002 adoption of the school impact fee would be subject to payment of those impact fees, if that helps any. MS. ABBOTT: But why would these -- the Supreme Court decision be retroactive? MR. OLLIFF: They are saying that that is the only standard. And from your attorney's legal opinion, they are saying if that is the only defined standard, then that is the only standard that will suffice. And if that standard wasn't applied in '92, '93, '94, '95, then -- then those particular development projects weren't subject to an exemption. MS. ABBOTT: Even though it was after the fact? They wouldn't have had anything to base their decision on. MR. OLLIFF: Yes, ma'am. COMMISSIONER CARTER: Of course, we're not always logical, Miss Abbott. But I think, Mr. Chairman, I -- I agree with Commissioner Coyle that this will need further discussion by the Board of County Commissioners. It's complex. It is one that we are thrust into not because we haven't done due diligence but because we have done due diligence, and now we're going back and reviewing what we have to -- have to do and apply it situationally I suspect is what I'm gathering from this. So another -- another chapter will unfold here in the near future. VICE CHAIRMAN HENNING: Commissioner Fiala. COMMISSIONER FIALA: Just a comment; actually I'm not looking for an answer. With the ACLF, even though they're -- they're buildings that house people who are very old and so forth, they also have staff that are young and have a lot of kids and, for the most part, live in rental units or places that they've purchased that have never paid an impact fee. And I think it's interesting that so many of their staff probably should be paying some kind of an impact fee but never will and yet they don't have to pay it for hiring these people. It's just Page 34 February 19, 2002 a comment. VICE CHAIRMAN HENNING: Yeah. And I don't know if that really applies to the discussion here. I guess I do have a question about the issue, well, even related to the issue is, how does the school board members feel of what their role is in -- in this potential lawsuit? Is the school board going to get -- play an active role in it? MS. GOODNIGHT: Speaking just as a school board member, I would think not. I was on the board of county commission when this took place. And Barbara Berry was the chair at that time. And there was discussions between the commission and the school board, and the school board did ask for us to move forward with the impact fee as a way to help finance some of the buildings that we were going to incur with the growth. But now, sitting on the school board, I'm not sure as a school board member that I would want to get involved in the county's business. You know, we've never-- we've never collected the money. It's always been collected, and then whatever was collected was given to the -- the school board. And I'm not sure that it would be in our best interests that -- that we got -- got involved in it. VICE CHAIRMAN HENNING: Well, actually, if-- if we do get these fees due in the court, it is the school board's money, and I feel it is the school board's business. MS. GOODNIGHT: I understand. But I'm not sure how much it's going to cost us in attorney's fees to -- to help to do this, because I'm sure that if the county decided that they were going to proceed with this and any lawsuits that incurred after that, I'm sure you're going to be asking the school board to join in to help pay for it. So -- VICE CHAIRMAN HENNING: Okay. MS. GOODNIGHT: -- you know, I would need to defer to -- to staff and-- and have discussions with staff before I would feel Page 35 February 19, 2002 comfortable with it at all. VICE CHAIRMAN HENNING: And I appreciate your comments, and I -- the only reason I'm asking is it might be part of scenario of the decision of the board of commissioners make. MR. YORK: Well, as a -- as a -- as a board member-- as a school board member, we're a statutory recipient of those funds. You know, I -- we don't have a responsibility to collect them, just like regular taxes. I mean, that's the function of the county commission, and I agree with Mrs. Goodnight. I -- not knowing what the costs might be involved and whether or not a good case -- I defer to the school board attorney. My own opinion is we probably would not enjoin (sic) the county in the lawsuit. COMMISSIONER COYLE: I -- I have -- I'm sorry. VICE CHAIRMAN HENNING: Go ahead. COMMISSIONER COYLE: Can I ask a question? VICE CHAIRMAN HENNING: Sure. COMMISSIONER COYLE: I have a question of the county staff. Is the amount of money that we collect and transfer to the school board net of collection costs? VICE CHAIRMAN HENNING: I think that we do charge them a small percentage of collection for administration for impact fees. COMMISSIONER COYLE: Well, I guess my question really is, stated simply, is if we spend $200,000 to collect $600,000 in fees, do we transfer $400,000 to -- to the school board or the entire amount? MR. OLLIFF: We -- we'd have to go back and review the ordinance to see if there's any flexibility in that. Normally most of our ordinances where there is a collection process there is an established percentage of the total collection that's available for administration, and we would have to go back and look and see Page 36 February 19, 2002 historically what we have done and what flexibility did the board have under these special circumstances. COMMISSIONER COYLE: My question is not designed to try to find a back way into getting the school board to pay for it. My question is really a business decision. How much are we willing to spend to recover how much money.'? And -- and I think we need to evaluate that as -- as we move forward. VICE CHAIRMAN HENNING: Miss Abbott. MS. ABBOTT: And that was a very good question because I think that without having the exact amount -- and now another figure has been presented to us -- if we weighed the cost versus the potential income, it's our really -- it's our responsibility, because we are the recipients of that, to make sure that the right thing is being done in collaboration with the county commission. I would like to see more involvement by the school board as a school board member individually, my opinion, because it could benefit us. And -- but we don't have enough of the information right now to make a rationale decision. VICE CHAIRMAN HENNING: Right. And maybe it's something that, Anne, you put on the agenda so that before we hear this issue we know where the school board stands as a whole. MS. GOODNIGHT: Sure. I'll ask staff to take care of that, Dr. White. DR. WHITE: Yes, ma'am. VICE CHAIRMAN HENNING: Any -- David Weigel. MR. WEIGEL: Thank you. Hello, school board members and commissioners. The questions you've asked are offensively excellent questions, and we've been asking some of those same questions ourselves, particularly in regard to the ability to net out the costs of litigation or not. Don't have the answer for that one for the floor right now, but we'll look to provide that to you very quickly. We Page 37 February 19, 2002 understand that what we are dealing with here is what you might call a technical issue. It's not a savory pleasant thing to say, oh, yes, we're going to go after anyone, whether it's an older living community of some variation, as there are variations of these, or anyone who has had a building permit issued years ago and has not been collected. Now, the court in the Aberdeen case provided a bright line, which is certainly of assistance. But it tells us, the staff, administrative staff and legal staff, that the logic that's been applied in the past or the inadvertence that's been applied all have brought us the same result. We have collected some impact fees from these ALFs, ACLFs, retirement communities, mobile home parks that are ostensibly restricted to older citizens. We have collected impact fees in many cases. And in some cases we have not. We've found where the -- the staff has applied that logic, that compelling logic, that says based upon the lease or based upon the sales brochures, based upon other information, it appears that there will not be children of school age living in these facilities. And the court has told us, it's reminded us, that when you look at individual homes, the fact that you may have old people occupying an individual home and they're not going to have children or it would be -- it would seem medically, physically impossible, that doesn't mean that that house being constructed may not, through its use, create an impact in the future. So that's kind of the horns, the dilemma, academic dilemma, that we're dealing with here. There's some what one might characterize as realities saying older people live in these homes, live in these facilities. And we have to look as staff very closely to see are they individually owned or is it a -- quote, a subdivision, or is it a community where the -- the occupants are lessees. May the bylaws, the articles of incorporation, the fundamental documents that put this organization in place and allow Page 38 February 19, 2002 for its operation, are they changeable by a vote of the board of directors, by something of which the individual occupants do not have control? That's what we're looking at here. And it's -- there are many variations of this theme. And we'll be coming back to the board and talking about the administrative application of assessment. In regard to lawsuits and the cost of paying for lawyers and the cost of discovery and all that goes forward, there are two ways lawsuits work. The county may be a party bringing the lawsuit forward as a party plaintiff, doesn't have to have the school board there. But the county and/or the school board or both may be parties defendant if we are attempting to collect and someone does not wish to pay and we are going forward with our administrative enforcement procedures, which are in the ordinance itself. So these are things that we'll be reckoning with. And Mr. Yovanovich will be talking to you on what I've been telling you in some additional detail. And perhaps what may seem compelling facts that the facts and the law are where we're butting up against right now, and we're going to have to look at this at a case-by-case situation. And we'll be in contact with our board. We will -- the county attorney's staff will not initiate the litigation without the direction from the board. But if litigation occurs and the county is sued, we, of course, have to respond and will do so. So that's my comment right here. VICE CHAIRMAN HENNING: Any other questions, comments before we go to public speakers? MS. ABBOTT: Mr. Weigel, the decision has already been made on the part of the county to go back and look at these properties and assess them, or is that what you're talking about, going in front of the county commission? MR. WEIGEL: We're going to have further discussion with the county commission. But, unlike any other-- I shouldn't say like any Page 39 February 19, 2002 other aspect of county collection, this comes under review by the audit through the clerk's office, and we've discussed this with the clerk, worked with him at this point, and I think collectively, and we've -- and we've met with the school board attorney also. I will say on behalf of the county, not to -- to speak to you -- for your attorney, is that collectively we see an issue here, and we think it's an issue that requires reconciliation. And at this point there's nothing telling us yet not to go forward and see where this takes us. MS. ABBOTT: Thank you. MR. WEIGEL: From the legal point of view. MS. ABBOTT: Right. VICE CHAIRMAN HENNING: Okay. Mr. Mudd. Let's call -- MR. MUDD: Commissioner, we have two speakers. The first is Rich Yovanovich followed by Matthew Hoffman. MR. YOVANOVICH: For the record-- this is where I normally speak from, so I figured I'm supposed to use this podium. For the record, Rich Yovanovich representing Aston Care which is the developer of Aston Gardens, and I represent a few other adult-only communities. And what I'm here today is to address both boards, the Board of County Commissioners and the school board, regarding what you've heard is a very complex issue and an issue that has evolved over many, many months and, in our particular case, almost a couple of years now. I am here to tell you that I believe county staff has been applying the impact fee ordinance correctly throughout time. As -- and I provided some legal documents. But Mrs. Abbott asked me what's the standard for impact fees. Well, to put it in laymen's terms, you can only charge a property owner for their fair share of the impact on a system. And in this case it's the school system's capital facilities. If there is no impact, you cannot charge an impact fee. Page 40 February 19, 2002 And that has been around since 1976, and the Aberdeen case doesn't do anything to change a standard of law as it applies to educational impact fees. The question has become how do you prove you will not have an impact? That is not an easy standard. Your staff, when it -- the county staff-- I forget I've got a couple boards here. The county staff through Phil Tindall met with my client regarding our specific project before Aberdeen came out. We met with Phil, and we said, Phil, here's how we operate our facilities: We have contracts with our residents. We have independent-living facilities. We have assisted- living facilities, and we have stand-alone villas. The assisted-living facilities and the independent-living facilities are rental. You rent an apartment from us. All of the leases have age restrictions in them. The leases say you must be 55 years older -- 55 years of age or older, and you can't have your grandchildren come visit you for more than 14 days in a row, 21 days throughout the year. That is how we assured Mr. Tindall at the time that there was -- there would not be any children there, thus, no impact on the school system. On the villas we had a recorded deed restriction. It was not irrevocable, okay, at the time but, remember, time line, preAberdeen, post Aberdeen. We have asked the county preAberdeen, what do we need to do to assure you we're not going to have an impact. We're willing to do whatever you tell us to do. The county didn't know what to tell us to do because they didn't have Aberdeen. If they had the Aberdeen case, they would have said to us record a deed restriction. We would have done that. You know why I know we would have done that, because we have done that. We have recorded a deed restriction on the property which comprises the assisted-living facilities and the in-- independent -- independent-living facilities. There is a deed restriction that says there will never be any children living there. The deed restriction is for 14 days and the 21 over a Page 41 February 19, 2002 year. So that is there. So -- and that applies, candidly, to most of our buildings before anybody moved in. The important thing to note is we have to look at this from a fairness standpoint, as well as, you know, strict technical aspects. You know, I -- we can disagree over who's going to win the lawsuit, if there is a lawsuit. My-- my -- what I would like to see today is some policy direction as to what does the school board want to do and what does the Board of County Commissioners want to do because, candidly, we've already gotten our you-did-not-pay letter. And we've been threatened with a lien on our property. So it has started. We have had to work through the issuing of C.O.s, and it's greatly impacting how my client does his business because he's got several more buildings to C.O. and move people in. It's a $350,000 issue for one of my clients. So what have we done? We have met with staff, and we asked under their best available knowledge what should we do to show you there will be no impact because remember the laws from 1976 is if there is no impact, you pay no fee. Under their best available knowledge, it was -- the contract was good enough. And, in fact, they refunded some money to us. They refunded $74,000 after we told them we had these contractual provisions and that they believe they improperly charged the education impact fees. From that date forward every time we pulled a building permit they did not charge us impact fees. Now there came a time where this issue came up again. And unlike what Mrs. Robinson said to you, this was initiated-- the issue was initiated by the county, not by an outside attorney because I was the outside attorney. I was summoned to a meeting at which this issue came up. And the issue came up as to what do we do about the building permits where there's no C.O. where they were issued without charging us impact fees, and they were issued without Page 42 February 19, 2002 charging us impact fees based upon our meeting with Mr. Tindall that occurred and has been uniformly applied to us. I -- I got to the meeting, and I think it's fair to say that when they told me not only were they going to make us pay impact fees on all the building permits that were outstanding, they were going to go back and try to recollect the $74,000 they already gave to us, I didn't react smoothly. I was taken back, and then we had -- after I calmed down, we worked through how were we going to apply the ordinances based on where we are and what we need to do. My hope is that the school board and the county commission will take a reasonable approach, apply the circumstances that existed at the time the building permits were pulled, because had we been told we need to record a deed restriction, we would have done that. We asked the question. The county -- the county did not know Aberdeen was out there or was coming. I didn't know it was out there or coming. They -- we -- you know, you can't predict everything that's out there. We -- we've done the best we can. The county staff has done the best they can in implementing an ordinance. You have to ask yourself the very important question: If you charge my client $350,000, what service will they receive now that there is a deed restriction in place that there will be no children? And we can provide and have provided an affidavit to county staff to show that the youngest person that has lived in Aston Gardens, the couple of buildings that have been occupied, is 73 years old. Now, I can show you that there was never any children, that your staff was correct in relying upon the lease. I can show you that there will not be any children in the future. So I can meet the standard of, is there an impact, the specific benefit to our client. I can meet the standard that there will be no benefit to our client. If you can't answer the question as to what the benefit we will receive is, because there is no benefit and nobody has told me what that benefit is because there are Page 43 February 19, 2002 no children, common sense -- and in Aberdeen the court says logic tells you you shouldn't charge the impact fee. So what I would like to see come out of today's meeting is that you put the burden on the property owner to show you that there were no children at any point, make them record a deed restriction, and then the school system is protected. There is no impact. Make us provide affidavits that there were no children that ever lived there. Make us record a deed restriction that will not let us have children there. If we've ever -- if we've misled you, if the affidavit tums out to be incorrect, then come back and charge those impact fees. They won't be incorrect. We have -- you are talking about a $2 million issue when you look at all of the other ACLFs, the congregate-living facilities, assisted-living facilities, independent-living facilities. This is a big- ticket item. It's $350,000 to my client. We've done everything we could to make the county or satisfy the county as to making sure that they correctly apply the 1976 law that says it's a dual rational nexus. Just because the ordinance doesn't provide an exemption in the text of the ordinance doesn't mean there aren't exemptions out there. You still have to apply the underlying law which is there's got to be a benefit to my client. It's not like ad valorem taxes where you don't have to show a benefit to the property owner. You have to show a special benefit to the property owner, and you cannot show a special benefit if there are no children who have ever lived there and there won't be any children in the future. I can bore you with my rendition of Aberdeen, which I'm sure you don't want -- you don't want any more than I've already told you. We have been working with county staff to come up to -- come up with what we believe is the fair and legally correct result. This is not an easy issue. We -- the county has had other impact fee issues where we've been able to work through those. We hope that this will Page 44 February 19, 2002 be one of those issues that we can work through the issues and do the right thing and not charge impact fees, if we can meet those standards, provide you an affidavit that there were no children, and record the deed restriction, because then you've gotten your Aberdeen requirements. We're ready, willing, and able to do those things. I briefly want to respond to a question or a point that Commissioner Fiala made regarding the people who work at these facilities. You look at the facility itself as to impact. You don't look at those people who work there. You look at where they live to determine their impact. So if they live in a single-family home, they will pay their education impact fees. If they live in a multifamily home, they will pay their education impact fees. You don't look at where they work; you look at where they reside, not where they work. So do you want to make a -- sorry, Commissioner. COMMISSIONER FIALA: Well, you asked about benefits. One of the -- one of the historical problems of ACLFs is -- well, nursing homes and other types of facilities is that they have a problem hiring people. One of the benefits would be that the people that they can hire come out of school system. You asked whether what the benefits are. And I'm telling you what I think is one of the benefits. MR. YOVANOVICH: And you're right, and the cases are clear. It's got to be a direct benefit if not an incidental or an indirect benefit. Cap -- impact fees go to capital facilities. You're not building schools to serve 73-year-olds. You're building schools to serve basically 18 and under. And that -- an impact fee, you've got to show that you're building some capital facilities to serve these people versus taxing them through ad valorem taxes as to those incidental benefits. Matthew Hoffman is -- is here. He is with Aston Care. He can Page 45 February 19, 2002 address for you how his operations go about and what happens throughout the state and -- and the industry custom just so you-all can under -- hear from him, in addition to me, as to how this is going, how it is implemented. And we hope that we can get some direction today, because this will be discussed in front of the city -- the county commission. If there's a way to get where we want to be, which is to assure no impact on the school system that there be direction given to -- to work through a very complicated issue, instead of drawing a line in the sand and say, go collect these impact fees and then both sides will dig in and we'll have -- we'll have a nice -- we'll have a nice round of litigation and we'll figure out who wins at the end. And as you-all know, the lawyers will win at the end because we'll all get paid. And with that, I'll let Mr. Hoffman address you. VICE CHAIRMAN HENNING: Next speaker. MR. OLLIFF: Matthew Hoffman. MR. HOFFMAN: My name is Matthew Hoffman. I'm with Aston Care Systems who is the developer of Aston Gardens. The development that we're talking about resides on Immokalee Road, and it's called Aston Gardens at Pelican Marsh. When the development is complete, it will represent the home of over 400 residents in this county according to the American Seniors Housing Association, which is an association of these kind of developments that are throughout the country. Our type of development has an impact that's normally related to one-third of the impact of a multifamily development, and that specifically is relating to traffic and trip generations on the roads and systems. These residents will represent a large tax base to the county and also represent a -- little to no impact on much of the infrastructure. We -- the development that we have, the rent that our residents pay includes multiple services. It includes -- we have a Page 46 February 19, 2002 limousine, a van, a bus, scheduled transportation. Only 60 percent of the residents have vehicles and use primarily a lot of the transportation that is supplied by the community on site. We have very little impact on a lot of other areas. We have studies that have shown our developments -- the use of water, the use of electricity in other developments that we have throughout the state in working with other municipalities. As Mr. Yovanovich mentioned, our original intent for our development is 55 plus. It's written into the leases; it's written into the contracts and agreements that we have. We were asked to place a deed restriction on the property. We did. We were asked to make it revocable; we did. We're working to accommodate in good faith with -- with the demands of county staff to ensure that we can provide that there will be no impact on the school impact coming up. We've -- every municipality throughout the state of Florida I guess unfortunately deals differently with this issue. Just about 2 1/2 years ago in Hillsborough County, we have a development in Sun City Center. We looked at the impact fees, how they were assessed. We went back and were refunded school impact fees and road impact fees because they determined there was no impact and, therefore, the impact fee could not be applied as stated in the code. And in West Palm Beach we're developing a new project there, and with the knowledge that we've gained from the other developments, we are going in without paying any impact fees from the get-go because of the understanding of the impact of our development on that municipality and its system. Once the standard was established by the Aberdeen case, we complied. And it's -- it's a -- as Mr. Yovanovich said, it's a serious impact to our development. We've incurred lost time in getting certificates of occupancy and been hampered in the development of our project because of the change in stance on this impact fee. And Page 47 February 19, 2002 that has a very real impact on our residents when we tell they can move in on a specific date and they sell their home and they're ready to move in and we give them notice that they can't move in yet because the building has not been C.O.'d and they have to change their move date. It's a very real impact on the satisfaction of our residents and on the quality of the business that we are attempting to provide. So I'd be happy to answer any questions, and I appreciate your consideration in helping -- giving staff the direction so we can resolve this and move forward. VICE CHAIRMAN HENNING: Why don't we take a ten- minute break for the recorder, change the paper and stretch her fingers. (A short break was held.) COMMISSIONER HENNING: Okay. Why don't we get -- reconvene for our workshop so we can get done and get our staff back to work. MR. YORK: That agirl. Take control. MS. ABBOTT: Where's your gavel? VICE CHAIRMAN HENNING: Any-- any question and comments about school impact fees? (No response.) VICE CHAIRMAN HENNING: I guess the only question I have for the school board members you heard from-- through public comments, Rich Yovanovich, is do you think that is what he presented is -- is -- that's the direction the board of commissioners should go as far as the evidence of the leases providing -- in the leases that, you know, you can't have any kids and it's 55 and older? MS. ABBOTT: Is this the Supreme Court ruling -- is that at our discretion? It doesn't seem to make sense. VICE CHAIRMAN HENNING: I would think it's more for Page 48 February 19, 2002 import -- input to the board of commissioners because we're going to be hearing this issue in a short period of time. MS. ABBOTT: What-- number one, the amount of money seems to have changed drastically, so it sounds we're talking about one-third of what we were originally discussing or at least had in the memorandum. And then -- and the other thing is that my concern would be, it is a lot of money, but how do you build a home and buy it and then years later-- and I don't know how many years later-- somebody comes back and says, by the way, you owe us some money, and then how many -- our school board attorney, Mr. Clapper, suggested as well, how many people would we have to go to in order to claim that income? We're probably looking at quite a large number of people, which would make it cumbersome for $600,000. VICE CHAIRMAN HENNING: Right. Anne. MS. GOODNIGHT: Commissioner, you asked, so I need to answer the question because you've asked, and otherwise I wasn't going to give you my opinion. But since you've asked, I'm going to give you my opinion. VICE CHAIRMAN HENNING: And I respect your opinion very highly. MS. GOODNIGHT: The intent, I believe, that -- the intent of the county commission in 1992 was not to charge impact fees for any development that were -- that was 55 and older that -- that that's what they were going to do, that children were not going to be allowed, except under this certain criteria. Okay. I would think that the impact that is going to take place with county government by doing this today is going to be very political. And I would think that it would be in all of our best interests that if you only started on a certain date and then started going forward with this. Now, I understand that there's also some things that -- that has Page 49 February 19, 2002 been discussed that needs to be protected in the county. I think that there needs to be some kind of deed restrictions, and I think that the county should ask these different developments to have deed restrictions and bring them forward without having them to pay impact fees, or if they can't, then maybe they -- then maybe the county should look at the impact fees. But I'm not sure that because of the intent that the commissioners had back in the early '90s, I think that staff has been moving forward with good faith. And because of a lawsuit or a ruling that has taken place several years later, to go back, I think that you need to look at what the intent was of the commissioners at that time and -- and from my point of view and from the discussion that I remember, it was never the intent that this type of development be charged impact fees if they did not cause an impact to the services that are there. VICE CHAIRMAN HENNING: Uh-huh. Okay. MS. GOODNIGHT: And the other thing is, is no matter who they are, they're still paying school taxes in the ad Valorem. They're still paying school taxes. So everybody's paying their fair share in school taxes. It's just the impact fees that -- that we're looking at now. VICE CHAIRMAN HENNING: Good point. Thank you. With no other discussion, we should move on to capital improvements. The first item is new school and county utility planning and construction. MR. OLLIFF: Commissioner Henning, I think Jim Simms (phonetic) from the school board would probably be the best person to be able to give you a little overview and discussion about where the school board is with some of their long-range capital planning. MR. SIMMS: Thank you, Mr. Olliff. Commissioners, school board members, for the record, I'm Jim Simms. I'm the associate Page 50 February 19, 2002 superintendent for operational services for the school board. And as you're aware, we're continuing to build schools and, in fact, have accelerated the construction of some of our schools generated by the continuing rapid growth in the county. So I've asked Mr. David Lesanski (phonetic), who was our executive director for facilities management, to give you a briefing on what we are doing, where we are doing it and when to give you a feel on the impact to the county and to provide some context for the subsequent discussions specifically about utilities and transportation. And as he's setting up, I would be very remiss if I did not emphasize the very strong support we receive from the county staff. We work very closely with them in what I would call a mutually supporting relationship. So our thanks to you, to Mr. Olliff, to all the staff for -- for their efforts in helping us as we work through these challenges that confront the school board. And with that, Mr. Lesanski. MR. LESANSKI: Thank you, Mr. Simms. Good morning. It's a pleasure to stand before this distinguished group this morning. As you're very aware, the county population is growing by leaps and bounds. On the school district side, Mr. Michael Kirk who happens to be standing at the board over there who is our director of facilities planning and construction is responsible for producing student enrollment figures. MR. OLLIFF: Dave, do me a favor. I'm not sure that microphone is even on. If I could just get you to sit right there at the comer and use that microphone, I think that would help. MR. SIMMS: Sure. Is that better? To do that, Michael, to do projections, he uses projection information submitted by the state as a basis for his projections but also constantly meets with the county planning staff to discuss upcoming developments that might also affect student population. Page 51 February 19, 2002 Today we have approximately 37,000 students in our system. Based on data we have gathered from county staff, we predict that in 20 years the student population in our district will increase to about 67,000 students. To meet that need we anticipate constructing 18 new schools over the next 20 years. Let me take a few minutes to highlight some of that information and some of the challenges that we face along the way, and I'll be assisted again this morning by Michael Kirk. The map Michael is displaying -- and you each have a copy of that same map -- shows some of the anticipated schools, their location, and expected opening date. As you're probably aware, we're currently constructing two elementary schools. Osceola Elementary School is located on property just east of Barron Collier High School. And Calusa Park Elementary is located on Santa Barbara Boulevard just north of Davis Boulevard. Both of these schools will be ready for students in August of this year. Now, beginning in July of this year, we anticipate starting construction on another elementary school, a middle school, and two high schools. Elementary school E was to be open for students in August of 2005. However, because of the heavy growth in the estates area, we felt it was prudent to accelerate this school and open it in August of 2003. The school is located in the estates area. It is in the area that is beyond the urban boundary, but it is not in the rural fringe area. Therefore, it is in the area that we are allowed to build in. However, since the site is beyond the urban boundary, there are no utilities available. That means that we will need to build a water and sewer plant on site or possibly tie into the Orange Tree utility plant. We'll have our engineers study that and provide us with information as to what the best method is. However, one of the concerns of the utility would be the distance -- it's approximately 5 miles from the plant -- and also some concerns that DCA might have Page 52 February 19, 2002 about urban sprawl and the urban boundary. In any case, the need for utilities, however, is not a function of acceleration. It's a function of the location. Now, middle school BB was originally scheduled to open in August of 2004. Again, because of growth, we felt it was also prudent to open this school in -- in August of 2003. The school is located in the northwest portion of the county. Access to the site will be off Livingston Road. In fact, we have had many discussions with Mr. Feder and his staff regarding the appropriate location for the access road and the traffic signal. And I want to mention that Mr. Feder has been most supportive of our needs and is always willing to meet and discuss our projects long before they're ready for construction, and we appreciate his cooperation and input he offers. Next on our list are two new high schools. High school BBB is to be located in the Orange Tree area and will be open for students in August of 2004. The location of the school will be on property we have purchased adjacent to the Orange Tree utility plant. One of the challenges facing us is the need to obtain water and sewer service from that Orange Tree utility. There are some issues regarding available capacity that need to be resolved, but Mr. Mudd and his staff are helping us work on getting these issues resolved so as not to affect the opening date of the school, and we appreciate Mr. Mudd's efforts and look forward to a continued good working relationship with him and his staff on future projects. The last of the four projects is high school CCC. The school was originally scheduled to open in August of 2006. However, because of growth we felt it was also prudent to open this school in August of 2004 as well. The school is to be located on a site that is north ofi-75 and west of Collier Boulevard. Access is off of Collier Boulevard through a public right-of-way. Access to this sight was to be provided by the developer of the Magnolia Pond PUD. Page 53 February 19, 2002 Unfortunately, their time line will not meet ours because of our accelerated schedule. Therefore, we will need to construct the access road ourselves. We're also in the process of meeting with that developer to see if there is some sort of a cost-sharing effort that we can come to an agreement with. As you can see from the map, there are several more schools on horizon. I won't take the time to overview each of them, but I will assure you that as -- as a school board staff, we'll continue to work closely with your staff and all of the county departments to make sure we provide the best facilities for our students with the most infrastructure possible. With that I'll be happy to answer any questions you might have. VICE CHAIRMAN HENNING: Questions? I have one question. You mentioned about contacting with DCA so you're not creating urban sprawl or something like that. Are you saying that you're going to take students from the urban area and ship them out to schools in the rural area? MR. SIMMS: No. But the concern was, I know, from DCA that if you build them they will come, that -- that aspect. If we -- if we tie into the utility plant out there, again, that begs the question. You're extending utilities from there instead of bringing them out from -- from the county facilities. What is that -- what is that asking for? VICE CHAIRMAN HENNING: Uh-huh, okay. MR. SIMMS: And that's the concern. We don't know if that's a possibility, but that's a concern. VICE CHAIRMAN HENNING: Just my own personal feelings, the way I see it is you're putting schools up where the families live. MR. SIMMS: Yes. VICE CHAIRMAN HENNING: And that is a very wise decision that -- in my opinion, again, that the school board made is Page 54 February 19, 2002 we don't want the kids on the -- on the school bus for hours and hours to get to their destination, the learning center. MR. SIMMS: Correct. VICE CHAIRMAN HENNING: So congratulations. MR. SIMMS: Thank you. COMMISSIONER CARTER: Mr. Chairman, I have one question, and it goes back to the Orange Tree facility. It looks like you have two schools that will impact, one for sure; the other can -- possibly could impact that. And I know, Mr. Mudd, that is on his schedule at some point. Perhaps, Mr. Mudd, you might comment as to what's the feasibility of using that facility to accommodate both of these new-- two new schools. MR. MUDD: Okay. First of all, Roy Anderson, I'd ask you to come on up and talk about plans. But let me answer your question in particular, Commissioner. We met with the Orange Tree utility folks. As you know, we have a contract, an agreement in place, that in-- in 2012 -- it used to be 2011, but they had a one-year extension about a couple years back until 2012 -- that we take over that facility lock, stock, and barrel at no cost to the county. They've had some -- some issues in the last couple of years where the sewer plant hasn't kept up during the peak periods, and they've had to move some of their waste to -- to our north county plant. They've -- they've said to us a number of times that they want to expand that particular facility so that they can meet the demands of the Orange Tree area, and they also have Twin Eagles that they also service but that they wouldn't be able to get their money back from their development in that short period of time till 2012. We've asked them to let us take a look at their expansion plans. We would then examine it to see what stuff we would be able to -- if we took them over earlier, like, in 2006, because that's the soonest we could get a plan up and running in that particular area, what parts we Page 55 February 19, 2002 could reimburse them for so it wouldn't be money that they would -- that they would necessarily waste and at the same time provide good service to the school and get that done so that it would be seamless as far as the school was concerned and the neighborhood. And so far they've been submitting their particular information, and we've been looking at it. Part and parcel of this is the rural fringe area. This isn't the clean issue. And -- and we have to get our water-sewer district boundaries extended past that 1 mile east of 951 which is our -- our most eastward line that we have now for that water-sewer boundary. So that's one of the things that the commission will be hearing this spring. You'll be hearing about the rural fringe, and they have some suggestions, as that's concerned. And depending on your particular direction to the staff with their plan going to the governor, if it is, indeed, the rural fringe will have Areas B, A, C, and D, as outlined on maps that we've seen around and you've been briefed on. If that's the case, the staff will be coming to you in early spring asking you to extend the water-sewer districts boundaries for Collier County out into that area. When that's done, we can go out there and start doing land acquisition, and we can do some other things and start building - - start the building process. But we have been doing the preliminary staff work in order to make a good decision not only for the county but also for that utility and try to find a win/win solution for both, but Roy? MR. ANDERSON: Yes. MR. MUDD: Commissioner, I hope I answered your question. COMMISSIONER CARTER: Yes. I mean, my concern is, I hate to see a duplication in -- in facilities that the school system has to build -- I guess at this point you'd have to build a package plant. You know, maybe that's an interim step, but the -- I mean, we're Page 56 February 19, 2002 talking about all tax dollars here. So how do we minimize those dollars to get the most mileage out of what we have to do to service an area? MR. MUDD: And that's what we're trying to do with the Orange Tree utility in the fact that basically their package plant was put there so they could build homes not necessarily so they could run a good utility. And so we've got to find some common ground. I don't want them to expand on a -- on a plant that we're going to basically abandon one year after they do it. That doesn't make a lot -- that doesn't make good sense at all, so we're trying to find the common ground where we can -- we can service -- they can service school board for a couple of years until -- until we're able to bring a bigger plan on line and then take them over. Go ahead, Roy. MR. ANDERSON: Thank you. Is there a mic? MR. MUDD: During the workshops the wall mics are on the tables, Commissioner, so there isn't one. So, Roy, you're going to have to either pick one up or talk to it or stretch. MR. ANDERSON: Thank you. VICE CHAIRMAN HENNING: State your name for the record. MR. ANDERSON: Roy Anderson, engineering director for the utilities department. I'd like to go down the four schools and just tell you the highlights in terms of sewer and water availability issues, as we've identified them. The first one is the middle school BB which is in the north central part of the county. Located it in green right here. Roughly it's right there (indicating). In that case there is water and sewer -- there are large water and sewer lines, as I've indicated on my handout, which is in your package. We've got a 16-inch main in Livingston Road and a 16-inch water main in Livingston Road as well, water and sewer mains. Page 57 February 19, 2002 So the school department's consultants would then take a look at the various means available to make the connection to those facilities, and then we would also work with them in terms of providing them with flow information in the existing mains to see what the available capacity is. So that would be a pretty -- pretty straightforward process, and we look forward to working with the school committee on that score. The next item is the elementary school E, which is the one that's outside of Orange Tree. And maybe I'll get a little bit of the rural fringe discussion in here, too, as Jim alluded to. But the -- you may recall this map from the master plan discussions in terms of the Board of County Commissioners. This -- this map shows the existing service area roughly in this area (indicating) for water and sewer, and it shows what we had originally for the fringe area as the A, B, C, and D areas. But now in the latest -- in the last few months, as you're aware, there has been some contraction of those -- some of those areas. And if that does take place and what's finally submitted to the governor, then we, in turn, will have to recalculate our flow projections for the master plan, and that would be done as a next update. But I've drawn in here, in terms of the Orange Tree elementary school, that is this item right here (indicating) which is -- as you can see, is outside the Orange Tree area which is part of the rural fringe. And this is adjacent to the facility -- to -- to the Orange Tree system. So the options that would be available to servicing that plant from a -- just strictly a technical standpoint would be on-site service or possibly a -- a negotiation of a connection into the Orange Tree system, if the capacity and the -- is available. In terms of the county extensions, we have a plan for a future -- a plant in that area. It's shown as a star right here (indicating) on our -- on our -- this is from our wastewater master plan. And that, as Page 58 February 19, 2002 Mr. Mudd indicated, would not be available until 2006 at the earliest for water. We're not planning anything out there until 2011 because the -- we've got the ability to -- we have a one -- combined system, and we've got storage in our system, so we don't need it quite as soon. We've also got plans for extending the mains out the -- the mains out into this rural fringe area (indicating) along Immokalee Road, both water and sewer. But those wouldn't be available until 2005-2006 time frame. So there are a number of options. If we do go with our own plant, then service could be made available to there, but it would require extension of the service area and as well as, you know, the other options that I mentioned. In terms of the high school BBB, that's a very similar discussion, but it's a little more straightforward because it's within the Orange Tree service area. And I know -- I could see from the documents that I've looked at and the discussions I've had with the school department that there has been a lot of interaction between the Orange Tree utility and the school department. So they've already actually planned for that expansion of 65,000 gallons a day for the high school in the -- in their own plans for the -- for their facilities. The last item I'll describe is the -- is the elementary -- is the high school CCC which is going to be located near 950 -- the intersection of 951 and Davis Boulevard. I've got it shown on this -- that's shown right here (indicating) on this -- on this drawing here. And in that case we do have major utilities available in 951. We've got a 36-inch water main, because it's connecting the two plants, the north and the south plant. And we also have -- there is a 12-inch sewer main that would be available in -- in 951 that's connecting to the south plant. So that would be a similar situation as the first school there. The school department's engineers would review the capacity and the means of connection for-- for our approval. Page 59 February 19, 2002 So -- so that's pretty much a summary of the utilities issues. I'd be happy to answer any questions. VICE CHAIRMAN HENNING: Any questions? MR. YORK: Based on what you said, then, it would appear that for elementary school E we're going to have to do a self-contained plant there. There's just no way that -- if we want to get that open in 2003, there's just no way that we'd have any source available. MR. ANDERSON: That would be probably the more straightforward approach. However, there is a lot of dynamic with the Orange Tree system. They do have some plans in the works, and whether there would be the ability for them to do something or not is a question to be answered. But that may be a possibility. MR. YORK: A capacity problem? MR. ANDERSON: Well --. MR. YORK: Because they're going to have the new high school too. MR. ANDERSON: Right. Right. Well, their present flows are about 150,000 gallons a day, and the plant capacity is about 350,000 gallons a day. But they do have some deficiencies they've got to take care of with that plant. If they can do those and address those, there would be that reserve of a couple hundred thousand so ... MR. MUDD: Roy, if I can help, it's Jim Mudd again, deputy county manager for the record. Sir, to answer your question more specifically, Orange Tree has a geographical area they can serve based on their agreement for a separate water-sewer district. It has everything to do with boundaries. When you get outside those boundaries, they're limited as far as who they can hook up. The same thing with our water-sewer district. Just about everybody's water-sewer district, if it's Florida waters or FGUA, whatever, they're stuck in a geographical area. I will tell you that elementary school E, when it's outside of the Orange Tree area, Page 60 February 19, 2002 presents an issue that -- that has to be addressed, and it-- and they're going to have to change their charter in order to service that particular school, sir. MR. YORK: Mr. Mudd, would it -- would it -- would that time line fit with what we're aiming to do with that school as far as opening? MR. MUDD: It could. It could. They -- they can-- they've got capacity in particular areas, and they've got an expansion plant. It's always better to do it when you've got a plant on site. The key here is getting the boundary shifted or an exception to their charter in order to service that particular school. VICE CHAIRMAN HENNING: Any other questions? (No response.) VICE CHAIRMAN HENNING: Let's go ahead and move on to the last item, government access television signals to Immokalee. MS. ABBOTT: Excuse me, Commissioner Henning. I apologize for not speaking up soon enough. It doesn't have to do with water and sewer but because we're here, and I applaud the idea of the two boards meeting, and I think that there's a lot of benefit to come out of that. The other item -- and I don't know if this is the appropriate time to mention it or not, but when we're building schools and talking about that and the county has an interest in parks and the availability to students or children in those areas and adults -- and tell me if we should talk about it later-- I would like to see more collaboration, and I know that the staffs have been excellent at what they're doing but perhaps need official direction from the boards to investigate how we can utilize the schools for parks. We have them throughout the county. And in order to get to some of those parks, I know, because I've driven from one end of the county to the other, it takes some time, and not everybody has that opportunity to get in the car and Page 61 February 19, 2002 drive. But, rather, a lot of our children and families could utilize the facilities. Downtown at Gulfview Middle School the city runs the program after school. And I presume they pay for some of the lighting and -- and some of the expenses, and it's utilized all the time. We have such a great opportunity with all of these new schools coming in right now to put our -- our -- our funding and our efforts together to benefit a lot of communities, and it might really come back to -- to help us, you know, multiply because it would take care of those times when students don't have enough to do too. VICE CHAIRMAN HENNING: Commissioner Fiala. COMMISSIONER FIALA: Thanks. I'm so glad you brought this up. I was also waiting for the appropriate time. When I asked for this meeting to call -- to be called -- I asked Tom Olliff to put together this meeting between the school board and county commission -- it was expressly for the purpose of discussing parks and the shared use of the parks and the summer programs, as well as, of course, school -- school-nursing, which we've already taken care of. And so I'd love to hit on that. And I wanted to talk to Marla Ramsey about her wish list, what she would desire to see happen between school board and county parks and recs so that we can all save some money, which we're all looking to do right now, so we can serve the youth of our community and possibly offer them better programs with the combined effort for not only for the summer but for after school. And here we have Marla Ramsey. VICE CHAIRMAN HENNING: How about that? You ask and you receive, Marla Ramsey. MS. RAMSEY: For the record, Marla Ramsey, director of parks and recreation for Collier County. First, I'd like to say that over the last two years, the parks and recreation staff as well as the school system staff have worked very closely in looking at their 20-year plan in trying to identify areas that the school systems were utilizing for Page 62 February 19, 2002 schools and how we can then incorporate parks around those facilities. A couple of examples that we've just recently done are the enhancements at Corkscrew Elementary and Middle School where we've done the soccer field, softball field, baseball field, tennis courts, etc., and the school built a bathroom facility that could be accessed from the outside to allow us to be able to use those without having to duplicate those services. The parks and recreation upgraded those to our standards, and we maintain those for the school system, as well as pay for all the lights that go with those activities. We are currently working with the Osceola Elementary School to put in two little league fields at that location, upgrading, again, those facilities, having the school build the bathroom with access to the outside so we don't have to duplicate those facilities. We also are looking in that 20-year plan for the -- I guess it's middle school BB which is up in the Imperial area. I believe there's 10 acres that still sits next to that school that the school system is not going to be able to use. We're asking them to hold that for us for a little while while we try and come up with some additional funding so that we can add some park acres up there to about 15, maybe 18 acres in total. We've also just recently purchased the Coffman property in joint, as you may recall, which is about 200 and some acres, a hundred and some acres for the school system and 129 acres for the park system, 9 acres going to the roads for the extension of Vanderbilt, so we had a three-way joint on that particular item. I feel that we -- operationally we work very closely together as well. The schools use our facilities for their athletic programs, for their swim programs, for their recreational activities, for middle schools, and elementary kids coming to our aquatic facility. So when I think we look at wish lists, the goal is to continue to Page 63 February 19, 2002 look at all avenues of both properties and see how we can enhance the -- the educational as well as the recreational element to those children. And I include in that things like nature study activities and be able to utilize facilities for -- that the school has as well as the parks have to educate the children, as well as then use those recreational elements after school, evenings and during the summers. This summer we are looking at a fairly large summer program, and we've had good response from the schools in allowing us to get into them this summer. The last two years has been a little bit tough for us, and we've had to incorporate most of our children in our park sites. But this year I think we're in six or seven elementary, middle school sites. And we're real close to having a total commitment from those principals at those schools so that we can put our flyer out in the next week or so. COMMISSIONER FIALA: What are those schools? MS. RAMSEY: Currently we have Poinciana Elementary, Naples Park Elementary, Pelican Marsh Elementary, Corkscrew Elementary, Pine Ridge Middle School, Oak Ridge Middle School and Golden Gate Middle School and the middle school programs -- middle school camps are being utilized at the middle school programs. And we've also been talking with the educational director at the school for the enrichment program since the school system will not be offering that this summer, how the parks and the school could work together to try and still allow some of those programs to happen at one of those sites. COMMISSIONER FIALA: And yet you didn't name one East Naples school at all that's participating in that summer enrichment program or any summer programs? MS. RAMSEY: Well, actually, in the east side we have our park systems. It looks like it's going to be able to encompass the number of children we have utilizing our program. Page 64 February 19, 2002 COMMISSIONER FIALA: But you don't have covered facilities or anything. MS. RAMSEY: Well, East Naples park-- COMMISSIONER FIALA: Community park is that little one. Right. You don't have anything out at Eagle Lakes at all. MS. RAMSEY: Right. COMMISSIONER FIALA: Nor at Sugden really. You have a couple little tiny shelters. Is that going to be enough to accommodate -- you've got a lot of working people out there who want their kids in a summer program. Do you think you can get them all in that little thing in East Naples Community Park? MS. RAMSEY: Last year we offered one at Shadowlawn and at East Naples, and we did not run Shadowlawn. Shadowlawn only had two kids registered, so we encompassed them all into the East Naples site. If we find that East Naples site fills, then we'll go back to the school and ask them for another school site. COMMISSIONER FIALA: Two fast questions. Manatee, you were talking about -- are you doing a cooperative effort with Manatee schools, two little schools there with tennis courts or anything like that with some of the outstand -- outlying community? MS. RAMSEY: My staff just had a meeting with the principal at Manatee last week, and they talked about the capability of allowing public coming in to utilize their facilities before school and after school, and it looks like she's very receptive to something like that. And now we just have to work out what those arrangements would be. COMMISSIONER FIALA: Okay. And the last question is lighting. East Naples Middle School has a little field out there that faces Davis Boulevard and Lakewood Boulevard. It is utilized every night, in the dark, before dark. And I see families playing, and they're playing soccer every night. There is no lighting. I'm Page 65 February 19, 2002 concerned about them as far as playing in the dark, especially at this time of year, and even in the rain they're playing. I was wondering if there's any plans for lighting that soccer field and if you're working together with our county commission on that. MS. RAMSEY: I can respond a little bit on that one. We've actually talked with the school system about what existing sites they have that we could then enhance, lighting being one of those. And we've talked about the East Naples Middle School a lot because of its location. Its concern is the fact that there is no parking at that location. So if we're going to utilize the fields for league play, etc., the parking becomes a big issue at that location, especially if there is a school event going on at any time. So that -- that's just been one -- COMMISSIONER FIALA: But they all seem to find a place to park. They're still there. Whether you figure there's parking or no parking, they're still there playing anyway. So are you addressing that concern? MS. ABBOTT: I can't speak for facilities, but that's the direction that I would like to see us go and that perhaps we should have more discussion pertaining to that because you and I have spoken before, and that's -- that's a combined. COMMISSIONER FIALA: And I know you're going to try and help us. Thank you. VICE CHAIRMAN HENNING: Mr. Simms. MR. SIMMS: Again, for the record, Jim Simms. Thank you, sir, commissioners, board members. The parking issue is one that we're addressing. We're negotiating with the adjacent church in an attempt to -- to acquire some property specifically for parking. And we think we're going to be successful there. Once that's done, then that provides, I think, an opportunity to -- to further explore the idea of putting lights on those facilities out there. We agree. That needs to happen, and I think, you know, I can't -- won't commit the board at Page 66 February 19, 2002 this point, but we'll bring them a recommendation at some point to take care of that and get some lighting out there. And Marla and our staff will work jointly to develop that. VICE CHAIRMAN HENNING: Great discussion. And, Linda, I want to thank you for bringing up that topic. MS. ABBOTT: Well, thank you. Commissioner Fiala and I discussed this at length for a long time. So we appreciate the opportunity. Thank you for letting us discuss it. VICE CHAIRMAN HENNING: Thank you. There is one item that I skipped over that we need to go to. That's new schools and county road planning and construction. Mr. Feder. MR. FEDER: Commissioner, Chairman Goodnight, board members, it's a pleasure to be here. For the record, Norman Feder, transportation administrator. I'll be fairly brief. I think the school board staff has had quite a few of the issues. I'll just walk you through very quickly the first school in Imperial, the east-west, that facility, while we have an extremely aggressive work program underway, we do not have any construction planned on the east-west segment of Livingston, and we have the right-of-way out to Business 41 requiring it from there to U.S. 41, but we do not have any construction within the five-year schedule for development of that east-west Livingston roadway, of course, that alignment, as I said, with right-of-way but no roadway just today. School board, if they do decide to build off there, would have to establish some access over to Livingston Road which exists as two lanes and later this year will be let for expansion, six lanes up to the east-west and four lanes north of there. Elementary school E slated to August 3rd opening -- that's out in Everglades, DeSoto -- that's already been mentioned as being outside of the urban service boundary. We've had some discussion with your folks about sidewalks within the 2-mile area. Again, that's a feature Page 67 February 19, 2002 that would probably be not part of our comp. plan, and I don't know how terribly effective you're in the nature of development in that area anyway, but it's outside of the resources that we have available. The high school BBB basically slated at Oil Well Boulevard, we do have a related road project on Immokalee Road in this case that should be of assist there. Later this fiscal year we'll be letting the section between Wilson and 43rd on Immokalee Road later be followed up with 951 to Wilson to coincide with the project. We have 1-75, 951 just completed and then the six laning from 1-75 over to 41 also to be let next fiscal year. High school CCC, this one only really will have access, as was mentioned, off of access road No. 2. That's Magnolia Pine PUD which has not come forward. As we discussed with your staff, they need to work through with that developer, see if they can work some cost sharing. That developer is probably going to want to wait because in that PUD provision, while they have to build that roadway to service the school, since the school is coming in first or if the government comes in first, they may not have to. So I think that's an issue of discussion with that developer along with the school. It's the only real access point. We are using other funds that we have to establish a pedestrian access across that Golden Gate canal to open that area up to pedestrian movement that can't be vehicular, and then you've got 1-75 and some restrictions beyond that one access point off 951. As your staff noted, we've been working well together trying to coordinate the plans. They've got a very, very aggressive program that is out in front in some areas of the roadway improvements. We hope, as we get caught up and get out there, that we don't have that always to be the case. I'll also tell you that we're working with them on access points, trying to encourage access off of the collector road as opposed to the Page 68 February 19, 2002 arterial, much like we're trying to do with development to allow those movements to have the issues addressed on site as opposed to out on the system. Your staff is doing a good job in communicating with us. I appreciate the time. VICE CHAIRMAN HENNING: Thank you. COMMISSIONER CARTER: I have a question, Mr. Chairman. VICE CHAIRMAN HENNING: Yes. COMMISSIONER CARTER: It's really health, safety, and welfare. How can you build a school if you don't have the road accesses, sidewalks, everything else, paid for in the plan? It does not make sense to me. MR. FEDER: Commissioner, that's something we're working obviously with the school board. In some cases they're going to have to look at these sites. Another issue, as was mentioned previously on your agenda, is their impact fee schedule, trying to look at how maybe that can be adjusted to provide for some -- what I will call the off-site. Right now they are covering and able to even accelerate their program relative to on-site facilities and improvements. It's the off-site issues that -- that we need to figure out how to address. I think that staff, the school board has taken these issues into account and is working towards addressing them. COMMISSIONER CARTER: Well, I just think we have -- MR. FEDER: I'll defer to that one that's my impression. COMMISSIONER CARTER: I have to look at -- I mean, in my opinion, we have to look at is part of impact fees, regardless of who collects them, to be applied in these situations so that takes place. And to me it doesn't make any difference whose pot it comes out of as long as it happens. That's simply stated and I know difficult to achieve, and I'm certainly not faulting any organization. But we don't have that coordination. We seem to get these glitches that come back and haunt us, and then we're scrambling around trying to reallocate Page 69 February 19, 2002 some funds somewhere, and in good strategic planning I'd like to see this addressed before it -- before it happens. MR. FEDER: Commissioner, I think we all agree, the school board staff, as well as your staff. First of all, the school board's having paid transportation impact fees in the past, although with the new building code, that will be coming forward. But I think the key issue here is as they accelerate the program, they are a little bit out in front of us. As we get caught up, as we continue that planning, we'll try to get that in sync with each other. COMMISSIONER CARTER: Thank you, sir. VICE CHAIRMAN HENNING: Well, no other questions or comments, let's go to the final item, the government access television signal to Immokalee. And we have Jo-Anne Leamer here to bring that item forward. MS. VARCOE-LEAMER: Good morning. My name is Jo- Anne Varcoe-Leamer. I'm with the county. I'm the administrator for the admin services division. The purpose of this agenda item is to explore the possibility of jointly pursuing a wireless telecommunication link to Immokalee for the purpose of broadcasting live the county's government access television programming and the school board's education access television programming. I'm going to ask Joe Landon to discuss what is being currently done in Immokalee regarding the education access television programming. And then Jean Merritt with the county will discuss the county's presence in Immokalee currently. Then we'll go over some of the options that have been explored by the county and, finally, wrap up by discussing the opportunity for the joint venture. And with that I'm going to ask Joe to tell us what's happening currently in Immokalee. MR. LANDON: For the record, Joe Landon, school board Page 70 February 19, 2002 members, Dr. White, Commissioners, Mr. Olliff. I'd like to take just a couple of minutes to tell you about what we are doing currently with our Immokalee cable TV channel. We run a videotape-based or replay channel. It operates 24 hours a day, 7 days a week. And I'd like to give you, too, a little bit of how this all came about. I was in a meeting a year ago with several county staff with Time-Warner Cable Management. And I asked the what-if question: What if we could provide a tape-based channel? Would Time- Warner give us that channel in Immokalee? The answer was yes from Time-Warner. I went back to my office and asked instructional television specialist Linda Haslinger (phonetic) in my office that what-if question. She said why not. And she started planning. We found some equipment within our existing inventory, and we have that channel on the air. We put it on the air in August of last year. And you have an Immokalee channel program schedule in front of you. Our channel basically is an interim solution. We still need live cable access for government and education in Immokalee. Our channel has some limitations. Equipment is one. We have four tape decks, four VCRs, and we do run school board meetings and workshops and other educational programming. We run county government meetings, for example, but we're limited to six hours of coverage because we have four tape decks, and that six hours of coverage would take one tape deck. We need the other decks for school board meetings, workshops, and other programming. So, again, this is an interim solution. This channel is working quite well for us for what it provides. But, again, we need the live access. And to talk more about that, my counterpart at the county, Jean Merritt. MS. MERRITT: Thank, you, Joe. Thank you. I'm pleased to be here. Joe's pretty much outlined exactly what we're doing. We do Page 71 February 19, 2002 appreciate very much the cooperation that we've -- we've had from the school and particularly from Joe, my counterpart over there. We deliver our -- our tape Wednesday after our board meeting, and we are very limited. As Joe suggested, there are only four machines, and they've graciously agreed that we could use one of these. It is a six-hour machine. And so we can only show six hours of the commission meeting. And as you well know, that certainly does not cover, generally, all of the meetings. COMMISSIONER CARTER: Maybe that's a message to us. MS. MERRITT: But, at any rate, we do appreciate that. I think Joe probably explained that those are only swapped out once a week. He has no staff there, nor do we. So it is a very limited way to reach the citizens of Immokalee. It's better than nothing, but it certainly is not a satisfactory way. And -- and we would -- we are very interested in trying to get our live signal to Immokalee, as I know you are. VICE CHAIRMAN HENNING: Thank you. Any questions? Comments? MS. VARCOE-LEAMER: I have a few more comments for the board. VICE CHAIRMAN HENNING: Okay. MS. VARCOE-LEAMER: Like the school board, if we can get our signal to Immokalee, Time-Warner has indicated they will provide a government access television channel for us. What we're currently pursuing is what you see up on the diagram. Individually the school board and the county are -- are looking at ways to get to -- to Immokalee. We've looked at several options. Those have included leasing capacity from Sprint, building a fiberoptic or co-axle cable, video streaming, and then microwave or a wireless solution. Those are explained in more detail in your package, and if you'd like me to go over those, I will, but I'll continue for now. Page 72 February 19, 2002 So the current model, you see a lot of duplication. There will be duplication in engineering costs, duplication in transmission equipment, just to name a few. The second board, which Mike is going to show, depicts a collaborative effort. We believe, by partnering on this project, we can save money and get a better end product. What -- what we're proposing is that we look at a project where the school board would get their sing -- signal to Collier County, and then utilizing microwave technology, we would transmit both signals together to an intermediate site and then finally to the Time-Warner headed in Immokalee. That technology exists to get both signals to Immokalee, video and possibly even data. As we explore this further together, we'll refine those details. But the technology exists to do it as a partnership in a collaborative effort. VICE CHAIRMAN HENNING: Thank you. You know, looking-- we're going to have the rural fringe coming forward and then after that rural land. So I really don't know what's going to take place as far as, you know, is -- in that area. Are we going to connect Immokalee with future rural -- rural villages or something like that? And, you know, would that be an incentive for the private cable company to link up those to areas? So I would hope that we can proceed cautiously, keep that in mind, and let the private sector pay for it. MR. LANDON: I might add -- I've been in several meetings with Time-Warner, and I don't want to speak for them, but what I think Jean and -- and I can tell you is that Time-Warner doesn't -- they don't have plans to expand that live coverage to Immokalee. They're looking at a cost of about a half million dollars and just don't feel that that would be feasible for them to expand fiber, which is what they would need to do, to Immokalee. MS. MERRITT: The -- the point that Joe makes is -- is exactly Page 73 February 19, 2002 how Time-Warner is looking at this. The system in Immokalee is a stand-alone system. It's a very small system. It -- it only has -- it offers very few channels, and in the FCC regulations, it states that a cable company doesn't have to upgrade if it's not economically feasible. And most cable companies use that phrase to refuse to upgrade their systems. I don't think they're going to upgrade their system there. And like Joe says, it's very expensive. VICE CHAIRMAN HENNING: We don't even know what the future is going to hold as far as development out there, so it will be interesting to see how that transpires. Any other comments or questions on this topic? MR. YORK: Just a comment. If-- if we ran the fiberoptic cable, couldn't the cable company feed -- piggyback on that and develop some revenue for us? MR. LANDON: That has been discussed. In fact, the discussion centered around either county or in partnership with the school district building the cable system to Immokalee and then Time-Warner would lease space on that system from who ever built the system. MR. YORK: It would appear to me in just looking at the executive summary that the fiberoptic cable is the way to go because you've got these reoccurring costs every year if you use the microwave technology. Our lease is with Sprint. MS. VARCOE-LEAMER: Actually, the reoccurring cost with microwave are very low. You're only looking at maintenance costs which are slim. I believe the -- the other option that you're looking at is leasing space on Sprint system, and that would be cost prohibitive and wouldn't -- wouldn't make sense from a cost benefit analysis point of view. We agree that the fiber is the best alternative long term. It is more of a long-term solution to -- to engineer and implement. It is Page 74 February 19, 2002 going to take some time. And what we would recommend is that we look at a microwave wireless solution as an interim solution and then pursue grant opportunities jointly. USDA, for example, provides money for telecommunication to build infrastructure for rural communities. That does require a partnership between school -- schools, medical facilities, and counties. So we could pursue that in the long term. But in the meantime, there appears to be a need to provide the citizens of Immokalee with education access television and the county's government access. MR. YORK: My only concern with the fiberoptic is that as we advance in wireless technology, how quickly will that become obsolete? VICE CHAIRMAN HENNING: Commissioner Coyle. COMMISSIONER COYLE: A question concerning the -- the costs here. Are those total costs, or is -- or are we talking about sharing this between the county and the school district? MS. VARCOE-LEAMER: The executive summary that was attached to your package is total cost. That would represent the county doing the project alone. If we up -- if we did a collaborative effort, those costs would creep up slightly to get increased band width, but we would still look at -- at saving money. Initial estimates, we were looking at wireless, 120,000 versus the 75,000 in the executive summary which could then be split between the county and the school board. COMMISSIONER COYLE: How much would the total costs be? MS. VARCOE-LEAMER: Roughly 120,000. Again, this is preliminary numbers just based on some discussions with different providers. We would need to firm those up and bring it back to both boards. VICE CHAIRMAN HENNING: Is that something that the Page 75 February 19, 2002 school board members are interested in advancing and looking at at a later date? MS. GOODNIGHT: We would be interested in knowing what the -- what the figures were and taking it before our board to share the costs. (Cell phone rang.) VICE CHAIRMAN HENNING: Okay. COMMISSIONER FIALA: Would there be any grants available or-- to help us with that end, with the microwave? MS. VARCOE-LEAMER: Possibly. The USDA grants that I've looked at are for telecommunication. They don't spell out the technology that's used. They are very large grants, so they're looking for 500,000, million-dollar projects versus the wireless which is, you know, much less. But, yes, we could pursue that. MR. LANDON: The school district, our people have said there are some enterprise grants. I believe the community foundation of Collier County is aware of what those grants would be. And, you know, we don't know if those would apply, but they could be explored. COMMISSIONER CARTER: Well, I would hope we would look at fiberoptics. If the FDA -- if the agriculture department loves to spend money at a half million or more, we could certainly accommodate that. And why not go right to a first-class operation if we can get a grant to do that? MR. LANDON: The other option with fiber, too, I believe -- and we have our executive director of management information services here, Bill Merriam (phonetic). And the other option is with fiber we could possibly, my understanding is, accommodate computer needs, for example, communication with our facilities in Immokalee using fiber as opposed to leased lines and so forth. MS. GOODNIGHT: And -- and I'm also the secretary to the Page 76 February 19, 2002 Immokalee Community Development Corporation, which is part of that empowerment zone.. And they're also looking at grants, because that's one of the problems that we're having trying to get new businesses into Immokalee is the fact that we don't have the capability with the computer. So this is something that -- that they're working on as a whole to try to increase the capability. So I think that there is a number of individuals and companies that are working on this. And so maybe working with the commission, we would be able to achieve that. VICE CHAIRMAN HENNING: It seems like there's enough interest in pursuing it a little bit further of two options: Either the microwave or the fiberoptic. And I think that's a great suggestion, Commissioner Carter, is -- is, if we can get the federal government to step up, pay for the whole thing, you know, let's take a look at that. COMMISSIONER CARTER: I mean, because it's my understanding, when you start talking something under a million dollars to them, gee, they just -- they look at you, is that all you want. MS. VARCOE-LEAMER: Exactly. COMMISSIONER CARTER: And we're saying, yes, that's all we want. All we want is a half a million dollars. And that's -- and if that's their mindset, I'd sure like to encourage them to write the check. COMMISSIONER COYLE: Well, don't -- don't forget that those grants come from taxpayer dollars, okay. COMMISSIONER CARTER: That's true. But if we don't get them, somebody else will. VICE CHAIRMAN HENNING: Right. That's-- If there is no other business, I know that Commissioner Coyle made a great suggestion. We had some backup material presented to us mainly about school nurse program. If we can get that, each of the school board members and the county commissioners, I think that Page 77 February 19, 2002 will be helpful for us to study that and -- so that we're well educated on that -- on that issue. So if you will provide that for us. Anything else -- else, Mr. Olliff? MR. OLLIFF: Mr. Chairman, we don't have any other registered speakers, but generally at this time we look to the audience to see if there's anyone else who's -- who's interested in addressing, in this case, both boards. Seeing none, Mr. Chairman, I have nothing else. VICE CHAIRMAN HENNING: Okay. Then nobody else has any other input, I call the -- I deem this meeting adjourned. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11:50 a.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL J~AIRMAN T-/?._-e)?-- Page 78 February 19, 2002 These minutes approved by the Board on presented ~ or as corrected TRANSCRIPT PREPARED ON BEHALF OF DONOVAN COURT REPORTING, INC., BY BARBARA DONOVAN, COURT REPORTER Page 79