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BCC Minutes 02/14/1995 RREGULAR HEETING OF FEBRUARY 14, 1995, OF THE BOARD OF COUNTY COHMISSIONERS LET IT BE REHEHBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board (s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 a.m., in regular session in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRPERSON: VICE-CHAIRMAN: ALSO PRESENT: Bettye J. Hatthews John C. Norris Timothy J. Constantine Pamela S. Hac'Kie Timothy L. Hancock W. Neil Dotrill, County Hanager Bill Harget, Assistant County Hanager Ken Cuyler, County Attorney CHAIRPERSON MATTHEWS: Call to order the February 14th meeting of the Board of County Commissioners. Happy Valentines Day. Mr. Dotrill, will you lead us in an invocation and the Pledge of Allegiance? MR. DORRILL: Heavenly Father, as always, this morning we pause to give thanks for your wonder and your grace. We give thanks for the glory of Collier County and the wonderful community that it is in which to live and raise a family and enjoy retirement years. Father, on this Valentines Day, we thank you especially for the love and support of our families and the comfort and support that they provide to each and everyone of us. And, as always, Father, we ask that you watch over and bless the Commission as they make these important deliberations that affect Collier County and that you would bless our time here together this morning. We pray these things in your Son's holy name, Amen. (At this time the Pledge of Allegiance was recited.) Item #2 and 2A CHANGES TO THE AGENDA AND CONSENT AGENDA - APPROVED WITH CHANGES CHAIRPERSON MATTHEWS: Hr. Dorrill, do we have some changes to the agenda? MR. DORRILL: Yes, ma'am. This morning I have only one, and it's an add-on item. It will be Item 8-B (1), under Transportation, which is a request to -- it should actually read, "Defer temporarily the application fees consistent with a vacation petition for Dale Beatty." We provided you with some back-up information from that. And that's as a result of a meeting that the Chairman and I had on Friday with this individual that is experiencing a hardship, and we've explained that to you as part of the reason. That's all I have. CHAIRPERSON MATTHEWS: That's all you have. Okay. I have a notation from Judge Brousseau and Mayor Putzell that they'll give their update on the work-release center at approximately 11:30, in that time frame, and I'm asking this Board if that's appropriate. Do you want to hear that as close to 11:30 as possible? COHMISSIONER HANCOCK: That's fine with me. COHMISSIONER MAC'KIE: Okay. CHAIRPERSON MATTHEWS: Mayor, you're on there; it's 11:30. Any other changes? Commissioner Norris? COHMISSIONER NORRIS: Nothing further. CHAIRPERSON MATTHEWS: Commissioner Hancock? COHMISSIONER HANCOCK: I have one additional item. And if you can direct me to the appropriate place, I'll motion the Board to take action on it regarding the potential problem with the north canal situation. I think you and I may be on the parallel. CHAIRPERSON MATTHEWS: Yes, we probably are. COHMISSIONER HANCOCK: Okay. CHAIRPERSON MATTHEWS: Why don't we have it under BCC? COHMISSIONER HANCOCK: Under Communications? CHAIRPERSON MATTHEWS: No. MR. DORRILL: We intended to give you a little update on that, under Staff Communications, today. And we can do it either under BCC or Staff communications. CHAIRPERSON MATTHEWS: Well, if we want to give any direction, we should do it under BBC. COHMISSIONER HANCOCK: That's fine. MR. DORRILL: That's fine. COHMISSIONER HANCOCK: Do you want to assign a place for that, Mr. Dorrill? MR. DORRILL: It will be 10-D as in David. CHAIRPERSON MATTHEWS: And that would be on the Coconut Palm River. COHMISSIONER HANCOCK: That's all I have. CHAIRPERSON MATTHEWS: Commissioner Hac'Kie? COHMISSIONER MAC'KIE: Nothing, thank you. CHAIRPERSON MATTHEWS: Commissioner Constantine? COHMISSIONER CONSTANTINE: Yeah, I have one item from the Consent Agenda I would like to remove and continue for one week, and that is 16-C (4) -- I apologize for the surprise, Tom; I just found out about this this morning -- the Animal Control bid. CHAIRPERSON MATTHEWS: Continue for one week? COHMISSIONER CONSTANTINE: Please. CHAIRPERSON MATTHEWS: Let me mark mine. 16-C (4)? COHMISSIONER CONSTANTINE: Yes. CHAIRPERSON MATTHEWS: a motion -- COHMISSIONER HANCOCK: CHAIRPERSON MATTHEWS: Agenda? COHMISSIONER NORRIS: CHAIRPERSON MATTHEWS: COHMISSIONER NORRIS: CHAIRPERSON MATTHEWS: There being no other changes, I would like So moved. -- to approve the Agenda and the Consent Yes. Second? Second. We have a motion and a second to approve the Agenda and the Consent Agenda. All those in favor, please say, "Aye." (The Commissioners all responded simultaneously.) CHAIRPERSON MATTHEWS: Opposed? (No response.) CHAIRPERSON MATTHEWS: There being none, it passes. The next item -- COMMISSIONER NORRIS: Excuse me, Ms. Chairman. Mr. Dotrill, that 16-C (4), concerning the Animal Shelter bids, will that come back on the regular agenda when it comes back? MR. DORRILL: I think that dealt with the neuter/spay program. My indication is that it would be. CHAIRPERSON MATTHEWS: I'm sorry? MR. DORRILL: The item that Mr. Constantine asked to be continued, it would be continued on the regular agenda next week unless he otherwise gets an answer to his question. CHAIRPERSON MATTHEWS: Is that correct, Tim? COMMISSIONER CONSTANTINE: Yeah. CHAIRPERSON MATTHEWS: So it will be on the regular agenda unless he gets an answer? MR. DORRILL: Yes. COMMISSIONER NORRIS: How about if it's on the regular agenda in any case? MR. DORRILL: That's fine. CHAIRPERSON MATTHEWS: Okay. COMMISSIONER NORRIS: Because we've had some inquiries about that. CHAIRPERSON MATTHEWS: That's fine. Then it will be on the regular agenda regardless. Item #4B1 JOANNE SOPRANO, PUBLIC SERVICES DIVISION RECOGNIZED AS EHPLOYEE OF THE MONTH FOR FEBRUARY, 1995 Next item on the Agenda is Service Awards. Commissioner Hancock? COMMISSIONER HANCOCK: Actually, did you want to -- CHAIRPERSON MATTHEWS: Yes, I'm sorry. COMMISSIONER CONSTANTINE: Nobody knows up here. CHAIRPERSON MATTHEWS: Yeah, well, we know. It is my pleasure to go through the monthly award of our Employee of the Month Program. And is Joanne Soprano here? She sure is. Do you want to come forward? Thank you. If you'll turn around and look at the camera, I'm going to tell our audience what you've been doing. Joanne has been in the employment of Collier County since August of 1983 and began as a Library -- Library Page. She has been promoted three times and is currently in the position of Library Assistant II. Joanne has -- she was chosen to head the inter-library loan service. And when it was assigned to the technical service section, she completely reorganized the paperwork and has got it running quite well. Although the task has added greatly to her workload, Joanne still continues to perform her normal duties and continues to take on additional responsibilities, all of which she performs in a highly efficient and effective manner. She is a good employee is what we're trying to say. Her commitment and dedication to the library are just outstanding. She has tremendous customer service skills, and she interacts very well with both her peers and the public. So with no further ado, I will, Joanne, ask you to please accept from us a letter recognizing you as Employee of the Month. I have a plaque which I would like to read: "Collier County Board of County Commissioners, Collier County, Florida, Employee of the Month official recognition and appreciation is tendered to Joanne Soprano for exception performance of February 1995." And along with this is the proverbial, spendable $50 check. MS. SOPRANO: Thank you. CHAIRPERSON MATTHEWS: Thank you very much. CHAIRPERSON MATTHEWS: And now Service Awards. Commissioner Hancock? Item #4B2 EHPLOYEE SERVICE AWARDS - PRESENTED COMHISSIONER HANCOCK: This morning we have four. I would like to start with Mr. Henry Bickford. Henry has been with Collier County for twenty years in the Road and Bridge Department. And for Henry we have a Service Award Certificate and a twenty-year pin. Henry, are you here? Come on up, if you would, please. Thank you very much. COMMISSIONER CONSTANTINE: Tim, what were you doing twenty years ago? COMMISSIONER HANCOCK: I was -- never mind. CHAIRPERSON MATTHEWS: I was raising small children. COMMISSIONER HANCOCK: I think I was one grade behind you, Commissioner Constantine. COMMISSIONER CONSTANTINE: Yeah, and both of us were out of school. COMMISSIONER HANCOCK: Next we have, from Road and Bridge also, Mr. Ted Bricker. Ted, are you here? MR. BRICKER: Yes. COMMISSIONER HANCOCK: Ted, congratulations. MR. BRICKER: Thank you. CHAIRPERSON MATTHEWS: Congratulations. COMMISSIONER HANCOCK: Next, from Planning Services, someone who started with the County about the same time I started in the private sector, and I think we've been growing together. Wayne Arnold, a five-year service pin. MR. ARNOLD: Thank you very much. COMMISSIONER HANCOCK: Congratulations, Wayne. COMMISSIONER CONSTANTINE: Congratulations. COMMISSIONER HANCOCK: And also with a five-year Service Award, from Road and Bridge, Gilberto Garcia. MR. GARCIA: Thank you. COMMISSIONER HANCOCK: And that's all the Service Awards for this morning. COMMISSIONER CONSTANTINE: Well done. CHAIRPERSON MATTHEWS: Thank you, Commissioner Hancock. Item #5 BUDGET AMENDMENTS 95-148 AND 95-158 - ADOPTED The next item on the Agenda is Approval of Budget Amendments. Mr. Smykowski. MR. SMYKOWSKI: Good morning, Commissioners. For the record, Michael Smykowski, acting Budget Director. There are two budget amendments, county budget amendments on the report this morning that require your approval. COMMISSIONER NORRIS: Motion to approve. COHHISSIONER HANCOCK: Second. CHAIRPERSON MATTHEWS: We have a motion and a second to approve the budget amendments. If there is no further questions, I'll call the question. All in favor please say, "Aye." (The Commissioners all responded simultaneously. CHAIRPERSON MATTHEWS: All those opposed? (No response.) CHAIRPERSON MATTHEWS: There being none, the motion passes. MR. SHYKOWSKI: Thank you. CHAIRPERSON MATTHEWS: You're welcome. Item #SB1 RECOHMENDATION TO WAIVE FEES FOR VACATION PETITION FOR DALE BEATTY RE PROPERTY LOCATED AT 2815 BAYVIEW DRIVE - PETITION TO BE PROCESSED AND DEFERRAL OF FEES TO BE PAID AT TIME OF SALE OF PROPERTY The next item on the Agenda, moving to the County Manager's Report, Item 8-D (1), consideration of an Alternative Impact Fee Calculation for -- I'm sorry, 8-B (1). MR. LORENZ: Board Members, 8-B (1) is a request by an application to waive the vacation processing fee. The petition that has been received involves a request for the County to vacate thirty-five feet of 150 foot right of way that falls within the Holderman Creek area. The petitioner, as a result of a hardship, has made the request of waiving the fee, which is $1,000. And that fee represents the cost of staff to not only process the application but also follow through with all of the advertising requirements that are set forth both by State Statute and by County Ordinance. Staff would recommend that if the Board does wish to waive the fee, that consideration be given to at least subsidizing the advertising costs. And that advertising cost is approximately $100. CHAIRPERSON MATTHEWS: For the information of the Board, I had a discussion along with Mr. Dotrill on Friday with the petitioner. And the request is not for a waiver, but for a deferral. The property is on the verge of bankruptcy and foreclosure, and they do not have the $1,000 and wish to defer that to the settlement. They have a good contract on the property. The title is clouded though, and they need to clear the cloud on the title before they can settle. And that's what they are asking us to do, to proceed with the request for the vacation and to defer the $1,000 fee until settlement on the property as opposed to it being a waiver. COHMISSIONER MAC'KIE: Is the settlement, the deferral, tied to this particular settlement or just the eventual sale of the property ever? CHAIRPERSON MATTHEWS: I believe they have a mortgage commitment on it now. MR. DORRILL: They have a mortgage commitment and contract, and they have provided us with copies of that. They have scheduled a closing -- I think they indicated to us -- April 1st -- CHAIRPERSON MATTHEWS: March 31st, April 1st. MR. DORRILL: -- thereabouts. And there is enough time to process a petition of vacation in advance of that in order to get the necessary opinion of title to effectuate the closing. And then they would pay us with the proceeds from the sale. COHMISSIONER MAC'KIE: So basically the sale can't go through until we clear up this title or cloud that comes from the vacation, and they can't get the vacation because of the cash flow. MR. DORRILL: It's an interesting situation. I guess there is a road right-of-way or an easement in the fellow's rear yard literally adjacent to the canal. And it's just an old, old issue. He has some type of structure that is within that easement or right-of-way, and they need to get that vacated in order to be able clear the title. The structure is some type of small frame facility or shed or something of that type. COMMISSIONER NORRIS: What are we being asked to do today? Are we vacating today? CHAIRPERSON MATTHEWS: No. MR. DORRILL: No, we need to process the vacation in the normal course. You need to authorize us to receive the petition absent the petition filing fee and postpone the payment of the filing fee pending the sale of the property. COMMISSIONER NORRIS: And this will be repaid to the County on the sale? MR. DORRILL: Yes. COMMISSIONER NORRIS: Motion to approve. COMMISSIONER MAC'KIE: Second. COMMISSIONER HANCOCK: Question. Should the sale not go through, does the fee then become a lien on the property? CHAIRPERSON MATTHEWS: I would think so. MR. CUYLER: Well, no, not the way things are structured right now. COMMISSIONER HANCOCK: Well, do we have that option at that time? MR. CUYLER: Let me talk to Mr. Archabald about a way to maybe tie that up by the time the vacation comes to you. Maybe we'll get the guy to sign a note or something. COMMISSIONER HANCOCK: That'll be fine. CHAIRPERSON MATTHEWS: Are we interested in amending the motion then that the deferral be subject to a lien on the property? MR. CUYLER: What you may do -- your vacation is still going to come up before this gets resolved apparently. Why don't you save it until that time? We may even put it in the resolution. And I'll talk to Mr. Archabald about how to tie the paperwork up. CHAIRPERSON MATTHEWS: Okay. COMMISSIONER HANCOCK: That'll be fine for me. CHAIRPERSON MATTHEWS: We have a motion and a second to approve staff working -- staff continue working on this project and the deferral of the vacation fee. There being no further discussion, I will call the question. All those in favor please say, "Aye." (The Commissioners all responded simultaneously. CHAIRPERSON MATTHEWS: Opposed? (No response.) CHAIRPERSON MATTHEWS: There being none, the motion passes five to zero. Item #SD1 CONSIDERATION OF ALTERNATIVE IMPACT FEE CALCULATION FOR SHERWOOD PARK - CONTINUED TO 3/14/95 The next item is 8-D (1), consideration of Alternative Impact Fee Calculation for Sherwood Park. MR. HCNEES: Good morning, Madam Chairman, Commissioners, Mike McNees with your Utilities Division. What we have here is an Alternative Impact Fee Calculation for a project called Sherwood Park. We have been in negotiation and discussion with this petitioner over the last, I would say, month or two. And my understanding is that petitioner is going to ask today that this item be continued because he feels like he would like to get staff to come to some sort of an agreement that some relief is warranted, which at this point staff has not agreed to. We went ahead and put this on your agenda today because, as I understand the terms of the Impact Fees Ordinance, we are required within thirty days to bring this to you for decision. And there is a provision in the ordinance for one thirty-day extension. That sixty-day time clock, given that you were willing to somewhat retroactively grant that thirty-day extension to us today, would have expired tomorrow. So we felt like this was a good idea to get this before you today. I know the petitioner would like it continued, and I will leave that up to you. I'll either be -- go ahead and make my presentation regarding the item or we can continue it if that's within the provisions of the ordinance. COHMISSIONER NORRIS: I have no objection to continuing. CHAIRPERSON MATTHEWS: I have no objection to continuing. COHMISSIONER CONSTANTINE: I'll make a motion to continue it for, what, one week. CHAIRPERSON MATTHEWS: Well, I think they may need more than one week. MR. HCNEES: Give us at least two weeks. COHMISSIONER CONSTANTINE: Okay. I'll make a motion to continue it for two weeks. MR. NORRIS: Second. MR. CUYLER: Could we -- Madam Chairman, could we have Mr. Vines or whoever is the representative indicate for the record that it is the petitioner's request for a two-week continuance? MR. VINES: Yes, it's true. I could -- I have prepared a brief statement that I could either read into the record or we can delete that. The end result is the request that you do continue and that you do refer the matter to staff, both utilities and your legal staff, and request that they give this matter the necessary attention to come to a serious conclusion regarding whether the Sherwood Park application is entitled -- meets the requirements for the Alternative Impact Fee criteria set forth in the ordinance. That's really all we are looking for, to get some serious attention to the matter, so that we can come back to you with something of substance. COHMISSIONER NORRIS: Is two weeks enough time for you? MR. VINES: I think so. MR. CUYLER: Madam Chairman, Mr. Pickworth just indicated if you would make it four weeks, that might give everyone a little more leeway in case we need the time. CHAIRPERSON MATTHEWS: Do you want to amend the motion to four weeks? COHMISSIONER CONSTANTINE: Sure. CHAIRPERSON MATTHEWS: Second? COHMISSIONER NORRIS: Second agrees. CHAIRPERSON MATTHEWS: There is a motion by Commissioner Constantine and a second by Commissioner Norris to continue this item for four weeks. There being no further discussion, I will call the question. All those in favor please say, "Aye." (The Commissioners all responded simultaneously.) CHAIRPERSON MATTHEWS: Opposed? (No response.) CHAIRPERSON MATTHEWS: There being none, the motion passes five/zero. See you back in four weeks. Mrs. Ericson (phonetic), we have already addressed your item, and it passed. So you can go back to work. MRS. ERICSON: Thank you very much. COMHISSIONER HANCOCK: Some days are better than others. Item #BE1 RECOHMENDATION TO OBTAIN BOARD DIRECTION TO AMENDM THE COUNTY PURCHASING POLICY - STAFF DIRECTED TO AMEND PURCHASING POLICY CHAIRPERSON MATTHEWS: Next item on the Agenda, 8-E (1). That's a recommendation to obtain Board direction to amend the County purchasing policy. MR. CARNELL: Madam Chairman, good morning. Members of the Board, Steve Camell purchasing director. The recommendation before you is to obtain direction to modify the County's purchasing policy, which was last amended in 1990. The recommendation specifically is to make changes in three general areas in terms of our policy. The first would be to modify the procedural dollar limits associated with making purchases. Those modifications are outlined in your Executive Summary. The second would be to investigate the concept of delegated project authority for County projects that we manage. It's primarily capital projects; although, there is a possibility that we could broaden that definition to beyond capital projects. We would like to discuss that with the Board this morning and obtain some direction regarding that concept. And, thirdly, we have some housekeeping items regarding language contained within the policy that we need to make clarifications on that pertain to a variety of different administrative matters. Briefly, what I would like to do this morning is outline to the Board, focus our attention on the first two areas in particular with regard to the limits. The recommendations before you have been derived and put together based on examination by your purchasing department staff of our current purchasing practices and also an examination of survey data, both nationally and within the State of Florida in terms of County governments and general government, purchase activities and rules and regulations. The benefits that we believe can be derived from implementing the modified threshold this morning would be -- firstly, we would envision fewer man hours involved in making purchases, particularly for your operating department staff. Secondly, we would see that a number of our purchases, we would envision, would take less calendar time to complete because of the fact that we would be doing more activity for the informal quotation process as opposed to the formal competitive process. And we also believe that both of those things will enable, particularly, your operating departments to devote more attention to the larger purchases. And, secondly, and perhaps most importantly, to devote more of their time directly to the business of service and delivery to the public and maybe a little less time to procurement. Those are the primary reasons why we recommend these to you. With regard to the project authority concept, what we are proposing here and what we need a little dialogue with the Board this morning on is to investigate the opportunity of delegating more authority to the staff. And I am going to focus on capital projects primarily to give you some examples of how this would work. But, again, we may ultimately propose language to you that is broader than strictly capital projects. We'll start with the concept of capital projects, and let me walk you through that. What we propose to do, first of all, is maintain the present project reporting system, which you have -- which is done with the staff through the County Manager's office in terms of how the Manager's office is formally apprised and kept abreast of project progress or capital projects, that process would remain as is. In addition to that, we would also maintain the present Board appropriation and budgeting process, which means that expenditures would be controlled strictly within budget limits that are established by the Board. And the -- really, the simple intent here is to -- we've got a number of things facing us. We have a good deal of work to be accomplished. We have the Board having expressed a policy intent to see our staff do more in-house design work for capital projects. And what we are trying to do is make our procedures just a little bit more like the private sector, if you will. Because, in effect, we are taking a little more work in-house; and a little less work is going out, so we are trying to resemble more the way an outside firm would do business while retaining accountability and controls and ability for the Board or senior management to stay on top of what's happening as it unfolds. So we would retain that budget control process; we would retain the reporting process they referenced. The idea would be that we would establish projects as we do now through the Board's budgeting process and through the adoption of the capital improvements element, modification annually. And that through that the Board would, in effect, create a project and authorize the staff to move forward with it as they do now. The staff would then go through the necessary procurement work. And in a typical project -- let me just give you an example. If we are building, let's say, a one million dollar building, and we are going to need to design, construct and furnish it. And the idea-- that's three purchases, minimum, right there. And in all likelihood there's going to be more than three purchases, many more in many instances, but let's just say there are three purchases: Design, construct, and furnish. What we would be proposing here is that we would go through the design procurement process that is called for under state law, no change to that obviously. And as the staff issues the RFP and solicits the letters of interest and qualifications from proposing firms, the staff would go through the same evaluation process that it does now. But rather than coming to the Board with a recommended short list, what we recommend here is that the Board would delegate authority to the staff to make awards and to enter into contracts, on behalf of the Board, to initiate and instigate that work. Say, for the first step being the design work, we would negotiate a contract, enter into the contract, and proceed with the work. And the one qualifier here is, the one overriding control, that would remain in force is that we would do that within established budget limits set forth by the Board. So the premise being, "Staff, go out there and get the work done, and we don't want to hear from you unless you have problems or there's a need to hear from you." CHAIRPERSON MATTHEWS: Mr. Camell, this is an outbirth of the discussion we had, I believe, at the workshop on January 5th where we were -- MR. CARNELL: Yes, ma'am. CHAIRPERSON MATTHEWS: -- where we were looking for ways to -- I believe what we were talking about there was that included in our weekly agenda would be a progress report. It's not that we won't hear from you, but we'll get a progress report. So if any one of the five of us see something that is not going the way we envisioned it, we can investigate. MR. CARNELL: Yes, ma'am. CHAIRPERSON MATTHEWS: It's not correct in saying, you know, "Staff, go get the job done, we don't ever want to hear about it again," but we would be apprised each week in the agenda package with what's called a progress sheet. MR. CARNELL: Let me clarify that; that's an important point. When I'm talking -- when I made reference to the staff not coming back to the Board, I'm talking about agenda discussions and items as a regular matter of habit. And, as you say, the notification, Madam Chairman, could be through some kind of weekly update with the agenda. Or as different key procurement decisions are made, a memo could be provided to the Board. And, again, I will be looking for direction from you all as to if you're interested in the concept as to how you would like to see that information assembled. But that is exactly correct. The idea would be to keep the Board apprised but to not necessarily have to spend time deliberating on the procurement decisions as a matter of habit, as a matter of regular course. And we would repeat the same practice with construction awards, which, again, back to my example where we talked about design, and we go to the construction phase; the same type of thing again where the staff would be following the normal bidding procedures and award procedures. Again, the difference being the Board will be advised of the award as opposed to having been asked to make it and dedicate time to having to consider each and every award. And, likewise, if we get to the furnishing issues, the same type of thing would prevail again. The staff would be able to make the award and advise the Board. And any Board member at any time could ask for a discussion on an item if there was a concern that there was a need for Board discussion or clarification on any purchase that was being made. And, again, what we hope to save here is primarily two things, as I mentioned earlier, man hours and calendar time. We need to make a distinction between the two. We have certain advertising and posting requirements; we have a certain amount of lead time it takes to get on the agenda. And those are things that whether you have one person or 100 people working on them still take a fixed amount of time to accomplish. And you'll be -- in each and every purchase I just listed, you would be saving that calendar time. Just the mere lead time to get on the agenda, which is three weeks, could be eliminated for each project. And if you replicate that just three times, you have got six to nine weeks saved off a project schedule. If you have more than three purchases, you have potentially many more weeks that could be saved. Likewise, we believe there would be some man-hour savings too in terms of the actual staff effort that has to go into processing these things by adopting this type of process. At this point what I need to make sure that you understand is that this is a kind of round idea, if you will, we don't have all the edges defined on it yet. And the County Attorney's office -- I've had some preliminary discussions with the Attorney's staff -- they were generally aware of what we are looking at doing, but they have not given a legal blessing to this yet. And we need to do some legal research to be sure that the Board stays within bounds of state law and that we aren't stepping beyond where we should be in terms of delegation of authority. So for that reason we are not really asking you to act or to adopt this procedure today, it's really -- we're really seeking direction if there is interest to pursue it and bring back a resolution that would reflect a procedure and establish a procedure. I'm happy to answer questions at this point. CHAIRPERSON MATTHEWS: Any questions? COHMISSIONER CONSTANTINE: Yes. CHAIRPERSON MATTHEWS: Commission Constantine. COHMISSIONER CONSTANTINE: The -- I understand what you're trying to do. And we always say we want to run more like a business, and I think this is a step in the right direction. But as far as staff putting together the final contract and signing that and doing their thing, is there a dollar limit that you anticipate for that? MR. CARNELL: We have not proposed it as of yet, a dollar limit. If the Board would like to see one, we could certainly establish one. The idea -- COHMISSIONER NORRIS: I would certainly like to see the dollar limit. CHAIRPERSON MATTHEWS: I think what he is talking about doing is that when we move in a direction of a new project that we would discuss and approve the project and approve the parameters of the costs, and they would negotiate a contract within that cost. COHMISSIONER CONSTANTINE: But -- CHAIRPERSON MATTHEWS: And they would not be allowed to go above it. COHMISSIONER CONSTANTINE: Yeah. My thought just being this past week we did a two hundred million contract. And that probably would have been inappropriate outside of this room. CHAIRPERSON MATTHEWS: Probably. COHMISSIONER CONSTANTINE: But there are many more that are certainly appropriate to be done. CHAIRPERSON MATTHEWS: I think -- I think I like the idea, but I think in an effort of crawling before we walk, I would like to do it on some very small initiatives first to make sure that we get all the-- to make sure we get this round concept squared off. Commissioner Mac'Kie. COHMISSIONER MAC'KIE: This -- I don't have any problems with walking before we run or crawling before we walk. It's frustrating, and it seems to be the opposite of what we're trying to accomplish. I mean, my direction says it appears that's really what you're here for is to poll whether or not we are interested. I am very interested in this process; very interested in streamlining it. However it's critical that we build in -- and I trust the County Attorney to build in -- processes to be sure that we aren't getting rid of, you know, authority that we don't -- that we shouldn't. And it will be your responsibility to build in check points for us to be able to monitor. Even though we want to streamline, we don't want to close our eyes to the responsibilities. I strongly support streamlining but with careful opportunities for checking back in, for the Board to constantly see the status and be able to bring it back and question it if we see problems. MR. DORRILL: I think we recognize that, and that's why Mr. Camell wants to build in that reporting mechanism and make it part of the official record of the Board meeting process. But otherwise what he has outlined here for you is very innovative and very streamlining along the requests that you made of us. We need to bring back a final proposal as it pertains to project authority with specific amounts and what the reporting format will entail; but I think in general your purchasing department -- and I think it helps the Board to know this. They have a state-wide reputation for being very sophisticated, very efficient for the work that they do. And I think that's a credit to Mr. Camell and his support staff there. And I think overall this will be a major benefit to procurement efficiency under the County Commission. We need to bring back to you some final details on just the project authority, because we don't really know yet how that will completely work. CHAIRPERSON MATTHEWS: Commissioner Hancock. COHMISSIONER HANCOCK: I have a few points, and I would like to kind of go down the list. And those that you can address today, fine; and those that are better addressed in a later forum are fine, also. The first is, in looking at the process and looking at the dollar figures, there is a level at which my stomach gets butterflies when we start saying, you know, that staff can approve. And it has nothing to do with my confidence or lack of confidence in staff abilities. But if the public comes to us and says, "$96,000 and you didn't approve it by a vote?" You know, the numbers get a little large. And I look at the change order authorities being one of those. I personally would recommend no change in that. The bid RFP minimum going up to 25,000. I think it needs to be higher than 6,500; but to me 25,000 seems a little high. And, again, I'm going by gut feeling; and if the rest of the Board disagrees, that's fine. I just wanted to put that on the table. Field Purchase Orders -- we had a discussion when I first came on the Productivity Committee about FPO's. They were $300. We had dropped down to 300, and then we found that we caused more paperwork at $300 and more loss in staff time, that by bumping it back to 500, the potential for any indiscriminate losses was negligible compared to this -- to the staff time saved. I would like a similar comparison in looking at bumping that up to a $1,000. There was obviously a nexus and a reason for going from 500 to 300; and now we're actually doubling in the other direction. I would like that -- to go back to that report, if you would, fill in the blanks. And, again, we need to be concerned a little bit about field discretion there. So I would like to see that addressed. And the last point is when we start looking at these noncompetitive areas of $1,000 and verbal quotes of 10,000.00, I would like to know a little more about the internal controls. We all establish relationships through our jobs. And verbal quotes if you only have to get three and there's seven vendors potentially out there, I would like to see some sort of internal control to make sure that the same three aren't requested for bids all the time. Those types of processes are important to me. I'll just say that, and we'll get it addressed one way or the other. MR. CARNELL: I am prepared to address each of those, if you'd like, right now. CHAIRPERSON MATTHEWS: John, do you need -- COHMISSIONER NORRIS: We are just going to give direction and they're going to bring this back for discussion at some other time? CHAIRPERSON MATTHEWS: Right. COMMISSIONER NORRIS: Wouldn't that be more appropriate? MR. CARNELL: I would like to get some direction on the limits today. The project authority will definitely need more discussion. I am prepared to address your concerns. COMMISSIONER HANCOCK: Why don't we address limits specifically MR. CARNELL: Right. COMMISSIONER HANCOCK: -- and the rest are more appropriate for a more complete discussion. MR. CARNELL: Yeah. MR. DORRILL: That's fine. And, Mr. Camell, if you don't mind as part of the limit discussion, in terms of what the rationale for the changes is, I need you also to incorporate in there the current number of annual contracts that we have for goods and services. Because in many instances, for example -- and pick a commodity. Even though the actual purchase may be small, we have otherwise bid that. And we have a selected vendor to buy PVC pipe for this year, so they may be buying up to $1,000 for one particular order, but they must buy it from whoever bid and won the annual bid. And I bet we have 100 different annual bids now. But there is still the fairness in terms of the competitive process. What we're looking for is a little better bureaucratic mechanism to buy individual lots of items that have otherwise bid as part of the Board's annual contract. COMMISSIONER HANCOCK: In those cases I would have no complaints whatsoever. MR. DORRILL: Okay. Let me give him as many answers to the questions that you have and some of the rationale for the proposed limits. I think that would help. CHAIRPERSON MATTHEWS: Mr. Camell, are you going to address these limits? MR. CARNELL: Yes. If I could start with the bid limit, the RFP limits. I have handed to you a survey that we conducted just last week of fourteen different counties, including our own, to give you some kind of feel of where we are in the rat race of counties in Florida. And just so you understand the logic of who I contacted and how, I basically took out my map of Florida and went north from both coasts. CHAIRPERSON MATTHEWS: There is nowhere else to go. MR. CARNELL: Yes, this is true. And I did the same on the east coast. COMMISSIONER HANCOCK: Cuba would not be good. MR. CARNELL: And I did focus on coastal counties, counties that are similar to us demographically in terms of growth and expansion. But if you look at the list, you'll see I pretty much got every county all the way up to the Daytona Beach area. What this indicated to me, in gathering this information, was a number of counties have moved their thresholds up more along the lines of what we are recommending. Now, when I last did this survey, about three years ago, a number of the counties were at 10,000 for their limit. There were a few that were higher and a few that were lower, but I would say 10,000 was probably the mean or the median number. If you look here, you have about half and half broken between 25 and 10. And you will also note that a few of the counties have delegation authority -- award authority higher than 25,000. Even where they are directing at 25,000 you obtain this, they are giving staff the ability to award up to a certain amount beyond that. Now, the -- you'll see the same thing with the written quotes and verbal quotes, that the limits tend to be more along the lines of what we are recommending or thereabouts. And you will see with field purchase orders there are a few counties that are up in that $1,000 range. Now, in addition to that, just to give you a little more data, approximately 70 percent -- I think 72 percent of the counties nationwide, according to the most recent survey available from the National Institute of Government purchasing, 72 percent of the counties are between 10,000 and 25,000 as their threshold. And there is about 15 or 16 percent that are over 25. So, again, that 10 to 25 admittedly is the upper end of the range, but it is that range of 10 to 25. And that's where most of the counties are in the state and nationally. Now, with regard to a point that goes with that, that you raised, Commissioner Hancock, about controls, what we envision doing at staff level is if we raised the bid limit to $25,000.00, we would envision, again, we're calling for written quotes above $10,000. That's referring to what you get from the vendor, meaning three written quotes from the vendor. What we are going to do with that, hand in hand, is to require that the purchase be solicited in writing as well. And that could be as simple as just providing a scope of work if it's a service contract or a brief product description or equipment description if it's goods that are being purchased. And I think the idea too would be where we're also contemplating, at least as an initial step and maybe something we would do permanently, that all quotes would go through my office -- my office would obtain those quotes from 10 to 25 or we would reach agreement with the using department if they were going to obtain them. We would agree, for example, let's not do the same three vendors each time; let's go beyond three; let's contact more than three; let's make sure we are rotating the competition giving vendors enough opportunity. So those are some of the things that we have in mind that aren't spelled out in the Executive Summary, but they will be part of the resolution that will be brought back if we were to raise the limits, particularly if we were to go as high as 25,000. We would be implementing those types of controls. With regard to the field purchase order, you referenced the Productivity Committee deliberations and your analysis as an individual as part of that greater committee. Let's go back to the Productivity Committee recommendations for a moment. What is important to remember is that the committee did, as you say, recommend raising the $500 for the reasons that you ultimately stated. What also went with that, if you remember, there was a carrot and a stick. The carrot was higher limits; the stick was you have to get on the stick and get automated. And that means to -- we have asked all of our departments to enter their field orders whether they were $10 or $499 or $500 even. They were to enter them into the system. And by doing that, that enhances control and reporting and analysis capabilities not only for the purchasing staff but for the department managers and senior staff. Because now every purchase is tracked in a common data format; you can get reports by vendor, by department, by just about any variable that you want, even by commodity, to a limited extent, that would enable you to see trends and purchase much more effectively than we used to. Mr. Dotrill referred earlier to the term contracts that we have. And he's right; it's about 195 right now, I think, is the actual count of the term contracts that we have right now. We use those reports in purchasing to try to identify opportunities for term contracts. If we see one department out there repeatedly buying $200 of this or $150 of that, it's probably calling for a blanket purchase order as opposed to just issuing a FPO each time. Now the important thing here is that in 1994 -- '93 -'94 fiscal year we raised the limit for field purchase orders, as you pointed out, to $500. That took effect in October of 1993 at the beginning of the fiscal year. And yet field purchase activity dropped by 20 percent with a higher limit. It went from 8,500 FPO's to about 6,900 FPO's last year. Our purchase order activity -- those are the ones over $500, the things that are issued by -- the PO's that are issued by purchasing -- that require a requisition to precede it, those increased slightly; but they didn't increase anywhere near 1,600. In addition, our total dollar spending went up 5 or 6 percent. When you take all those three factors together, that says to me that people are buying more efficiently. Because, again, field purchase orders dropping by 1,600; people are doing more buying through the larger purchase orders, which is what we want them to do because that is a more efficient way to do the paperwork. And it also enhances the competitive aspect that they are actually out there getting competition either through a term contract or obtaining quotes at the time for a purchase. What we -- what I guess I'm trying to say to you, in short, is that we think that the departments have gotten with the idea of this more efficient purchasing through the term contracts, through the use of blanket purchase orders. And I've got a couple of good war stories from the field, kind of a before-and-after comparison on workload that they have experienced by using blanket contracts. And what I'm saying there is I think there is some momentum that has built within the departments, and I think the numbers reflect that. Now, why go to $1,0007 Looking at our data last year we issued about 4,300 regular purchase orders. Again, that would be purchase orders over $500. Of that only 200 of them were between $500 and $1,000. And it was our thinking -- that's about 5 percent of the total purchase order activity. COMHISSIONER HANCOCK: I'll tell you what, Mr. Camell, you are answering a lot of points, but the level and the depth at which you're doing it is probably more appropriate for the final. I more or less wanted to -- you have asked for Board direction here, and I kind of let you know where I was coming from; and I think the rest of the Board is just trying to do the same. There is no doubt to the argument that if we raise it we can save some administrative costs, but the question I want you to come back to us with or the answer I want you to come back to us with is to the question we went from 500 to 300 for a reason. Okay? We dropped it for a reason. Was it indiscriminate spending? Was it another one? And by raising it from 500 to 1,000 are we promoting those practices or has our accountability of those purchase orders deterred that -- you know, I just need to know that balance. And that's what I'm looking for in that. Other than that, the other two, which are simply -- the survey of the other counties is fine. I'm not so sure in this area we want to be the top dog, having the greatest flexibility, but I agree with Commissioner Mac'Kie that there's a lot to be said and saved from this process. Whether we walk or crawl into this discussion, I don't think we want to run just yet. I would personally like to see the staff change order authority remain where it is and the RFP minimum justified, maybe to a lesser degree, 15,000 or 20,000 instead of 25,000. And I would like to just kind of leave those on the table to see if the rest of the Board either agrees or likes what's here, and from there I think we can then take a lot of information that you have and form a good strong final report so we can consider this. And some of the very interested people in this audience that love numbers would probably have a few things to say on this in a final form. CHAIRPERSON MATTHEWS: Commissioner Norris. COHMISSIONER NORRIS: That's fine. CHAIRPERSON MATTHEWS: Okay. I agree with that, except that I think on the verbal quotations, rather than troubling it from thirty-five to ten thousand, I would like to see something intermediate, around seventy-five hundred, just so we do this in increases that are controllable, so we can see what the effects are. MR. CARNELL: Well, could I ask, is the Board prepared -- if we set the project authority request aside for a moment and just look at the limits, is the Board prepared to give the staff direction as to what limits they would like to see drafted in the resolution for a follow-up discussion at this point? CHAIRPERSON MATTHEWS: I think we were just doing that. Commissioner Hancock has asked you to do a comparison of staff time for FPO's greater than $500 and less than a thousand so we see what kind of savings we're going to be talking about -- COHMISSIONER HANCOCK: That's right. CHAIRPERSON MATTHEWS: -- As far as staff time is concerned. COHMISSIONER HANCOCK: And that's the one I'm not prepared today to make a decision on. The others I agree with Commissioner Matthews on, verbal quotations. Again, it's just kind of one of those gut check things. You look at it and if the numbers shock you, there's probably a pretty good reason. CHAIRPERSON MATTHEWS: I would like to see how many quotations staff has done or that have been awarded between 3,500 and 10,000 so that we see what we're talking about doing rather than just raising the number and saying, "Yeah, go do it." I would like a little more information about exactly what we are talking about. And the minimum RFP, again I think 25,000 may be too high; I would like to see something along the line of 15 to 20, preferably 15. And the staff change authority I agree on; I think 50,000 is plenty. MR. CARNELL: Okay. CHAIRPERSON MATTHEWS: Any other comments? (No response.) CHAIRPERSON MATTHEWS: All right, I guess we will see something along those lines. COHMISSIONER HANCOCK: Does that provide you with sufficient direction? MR. CARNELL: If I could, could I get just a vote on the numbers that you're interested in at this point? I'm hearing it's 15 or 20 for the bid limit? COHMISSIONER HANCOCK: For the bid minimum, I would like 15. CHAIRPERSON MATTHEWS: I would like 15. Commissioner Constantine is saying 15, so you've got three there. MR. CARNELL: And on the verbal quote limits, 7,500? CHAIRPERSON MATTHEWS: I would like to see 7,500 on that. COHMISSIONER NORRIS: Good starting point. CHAIRPERSON MATTHEWS: Consensus on that also. And the staff change authority I would like to see it remain at 10 percent of 50,000. COMMISSIONER HANCOCK: As would I. COMMISSIONER NORRIS: Concur. MR. CARNELL: Okay. CHAIRPERSON MATTHEWS: Now the $500 increase to $1,000 we are looking for some information before we can decide on that one. MR. CARNELL: Okay. COMMISSIONER HANCOCK: And of course that goes hand and hand in the noncompetition, so please link the two in your analysis. MR. CARNELL: Right. CHAIRPERSON MATTHEWS: I think, based on the comments that I've heard today, the project authority we are all interested in and we would like to see implementation programs set forth as to how we are going to meet the requirements of the law if we go along with this. And I would like to see the project start with some smaller projects so that we get used to it and get a control on it so we know what you're doing and so that we know what we're doing; okay? MR. CARNELL: Okay, got you. Okay, I think that'll cover it for the moment. We'll be back. COMMISSIONER HANCOCK: Thank you. CHAIRPERSON MATTHEWS: Was there public discussion? MR. CUYLER: No, ma'am, no public speakers. CHAIRPERSON MATTHEWS: Thank you, Mr. Camell, that was a good idea. Item #SG1 RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS PROVIDE THE NATURAL RESOURCES DEPARTMENT THE APPROPRIATE DIRECTION FOR FINALIZING THE ADOPTION OF THE HANATEE PROTECTION PLAN - UPDATE TO BE PRESENTED IN SIX WEEKS Next item on the Agenda, 8-C (1), recommend the Board of County Commissioners provide the National Resource Department with direction on the Manatee Protection Plan. MR. CUYLER: We have several speakers. CHAIRPERSON MATTHEWS: Okay. Thank you. MR. DUGAN: Madam Chairman, Board Members, my name is Kevin Dugan. I'm with the National Resources Department. This Executive Summary was prepared in light of the Manatee Protection Plan that was passed back in July. At the time that you approved the plan, you gave us direction to send it directly to the governor and cabinet. Because of procedures in Tallahassee, the governor and cabinet no longer routinely review Manatee Protection Plans, and they sent it on to the DEP. DEP since then has disapproved of our plan, and so we are here today looking for direction from the Board. The three options that were outlined as to whether to go ahead and appeal it or sit down with DEP and renegotiate or provide another plan. Now since I've written this Executive Summary, the State has gotten together with members of the Environmental Community and Marine Trade Association here in town. And there has been some discussion, and both parties agreed that, you know, something can be worked out. So I guess we are putting that out as, like, a fourth option. So I need direction from you as to how to proceed with this. CHAIRPERSON MATTHEWS: Commissioner Hancock. COMMISSIONER HANCOCK: Knowing the makeup of the current cabinet, my first thought was to go ahead and appeal it. However, the Marine Trade Association and the environmental groups that have been involved in this have worked so hard on getting something together. I think this is probably a landmark that we had agreement across the board. And I want to thank everyone involved on the initial production of that plan. Obviously if there is a way we could work it out with the DEP without appealing it, I would like to do that. That's my personal feeling. But if we hit a glitch in it, my personal feeling is just to appeal it to the cabinet. I think the makeup of the cabinet is a little more reasonable than the makeup of the DEP at this point; so I would prefer to take my chances there. CHAIRPERSON MATTHEWS: Commissioner Constantine. COMMISSIONER CONSTANTINE: Last July I voted against this in a four to one vote. The discussion at that time from virtually everyone, with the exception of Dr. Stallings, was that while this wasn't their preference this was an acceptable compromise. The MArine Trade Association said this is as far as they could go without damaging the industry. And the environmentalist on the other side said they could accept this, except for Dr. Stallings who said it was a good starting point. And I think I made some sort of joke when he said that. COMMISSIONER MAC'KIE: How unusual. COMMISSIONER CONSTANTINE: Yeah. But I don't think what we turned in was a starting point; I think it was the effort -- as Commissioner Hancock said -- the effort of the two groups working together for a long time. While my preference would be to see something a little less restrictive. I think a lot of time and effort went into this, and I would like to see us pursue this particular one and go ahead and appeal the decision of the governor and cabinet. CHAIRPERSON MATTHEWS: Are there other comments? COMMISSIONER NORRIS: Yes. CHAIRPERSON MATTHEWS: Commissioner Norris. COMMISSIONER NORRIS: I would have to agree that this was one of the rare instances when it seemed like both sides, who have a natural opposition to each other, just seemed to work this out in a reasonable manner and agree to a solution, and now it's being blocked by the bureaucracy in Tallahassee. So I'm not strictly opposed to the sides coming back together and trying to renegotiate a settlement that would acceptable to the DEP, but I don't -- it's really not my first preference. I think that the work has been done, and everyone is in agreement, and it's a workable and good agreement, and perhaps we should appeal it. CHAIRPERSON MATTHEWS: Commissioner MAc'Kie. COMMISSIONER MAC'KIE: Just since we seem to be testing waters, that's the same impression when everybody seems to agree on something that has already been worked out. But not having participated at the time you adopted this, I would love to hear from the speakers before we go much further. COMMISSIONER HANCOCK: That would certainly help me, also. CHAIRPERSON MATTHEWS: I think we are going to hear from the speakers. And I think what we are going to hear is that based on a meeting last Friday there is a lot of encouragement that all the parties participating in this are making the other parties more aware of what the strengths are. COMMISSIONER HANCOCK: Let me ask one quick question, if I may, of staff. By sitting down and talking with DEP, is there a time clock that keeps us from appealing the decision? And what is that time table if such? MR. DUGAN: I don't believe there is a time clock. COHMISSIONER HANCOCK: So if we sit down across the table from them and they say, you know -- CHAIRPERSON MATTHEWS: I think every six months it goes back, doesn't it, regardless? MR. DUGAN: I'm not sure. COHMISSIONER HANCOCK: I just don't want to lose a window of appeal by getting drug into a long, lengthy discussion that goes nowhere. MR. DUGAN: This plan has never been presented directly to the governor's cabinet; it was sent to the office. MR. DORRILL: Just for the information of the Board and people perhaps at home -- especially for people at home -- they run the State of Florida similar to how this County Commission works. COHMISSIONER MAC'KIE: Oh, my God. MR. DORRILL: And it may be an opportunity to test the water, so to speak, because the people that would hear the appeal, if you would, would be the cabinet aides. And the cabinet aides typically hear and attempt to mediate these types of things, whether it's a dispute resolution such as this or an appeal of the Sheriff's budget. You make your presentation to the cabinet aides who then individually advise and make recommendations to the cabinet members that they work for. So there may be an opportunity to go test the water, so to speak, and have a meeting with one or more of the cabinet aides to get a feeling for the perspective of new cabinet members in the time that's, you know, available to us. It's just a suggestion. CHAIRPERSON MATTHEWS: Well, we will certainly have that opportunity as we move forward. Why don't we hear from the public. MR. DORRILL: I will called these two at a time. Mr. Addison, if you would, please, sir; and Mr. Perkins, if I could have you stand by. COHMISSIONER CONSTANTINE: How many speakers do you have, Mr. Dotrill? MR. DORRILL: We have about six, Mr. Constantine. COHMISSIONER CONSTANTINE: Thank you. CHAIRPERSON MATTHEWS: Mr. Addison, as I'm sure you're aware, we limit our public speakers to five minutes. MR. ADDISON: Don't worry about that. I have sat through a number of meetings regarding this Hanatee Protection Plan, both as a member of Eptab and as a biologist with the Conservancy, and I can appreciate the amount of effort that has gone into trying to get something together that is acceptable to all the parties concerned. And I felt, when we got the final draft together, that we were fairly close to something the State might be willing to accept; although, I was not particularly optimistic that they would accept it based on their track record with the other protection plans that have been submitted. By the same token I think that the gap between what the State is interested in and what the County is interested in getting approved is not really that -- that great. And I would try to encourage the Board, before you go to the step of appealing it to the governor and cabinet, would be to try and work out something with the people from DEP and see if you can't close the gap enough so that you can understand better what's going on. That might entail having them come down here -- and I don't know how much they've gone out on the waters of the County to actually see what we're dealing with here. And I spoke with Hack Hatchet (phonetic), and he was saying maybe once. And there's a lot of water in this County, and I think it would help if they were out to see what they were dealing with. The other question I have about the appeal, having been involved with some of the appeals that go on with permits, is that you might be delaying this even more if you just obviate the idea of approaching it from a standpoint of "Let's sit down and try to work this thing out," get closer, and then try it again and see what happens. And, again, as Commissioner Hancock said, you don't want to lose a window of appeal like that, but it doesn't sound like you would. So I would encourage you to try and readdress it with the representatives of DEP before you go ahead to the level of appeal. You might end up delaying it even longer than you would if you could talk to the folks. Thank you for your time. MR. DORRILL: Mr. Perkins, and then Mr. Turner, if I could have you, please, stand by. MR. PERKINS: Good morning, Commissioners; good morning everybody. I hope you are listening: Manatee Protection Plan. The protection now -- we're talking about fresh water. And at the moment we have a fish kill in the 1-75 canal, within two blocks there is about thirty-five fish that are about two and a half feet long, along with all the rest of them. Now, this canal empties into the Golden Gate main canal to the south and then dumps into the Gordon River and then it dumps into Naples Bay. Now, if it's killing fish, what's it going to do to the people at the Vineyards, Wyndemere, the new developments, the people who have animals, the birds, and in particular -- and I have to yap about this because I have horses. They are very expense horses, yet I have to feed them -- or I give them water from my wells which are approved by the Health Department. If we have a problem, people, we better get on it, and we better get on it quick before someone ends up dead. Thank you. That was short, wasn't it? CHAIRPERSON MATTHEWS: Thank you. MR. DORRILL: Mr. Turner, and then Mr. Lyon. CHAIRPERSON MATTHEWS: Mr. Turner. MR. TURNER: Thank you, and good morning. I'm Duke Turner, and I'm here representing the Marine Industry Association of Collier County. I was in on the meeting on Friday with the two people from the DEP that come down with the Manatee Protection Plan. We sat and went over the plan for approximately four hours. We worked on it, and I think possibly there has been a lack of communication with some of what they look at on small maps. And I think what we need to do is probably sit down and get them on one side of the table and us on the other and explain our views to them. They're in Tallahassee, and we live in Collier County. So I think if we work on it and try to get by having an appeal and so forth-- because they can string those out, bureaucrats have a way of preserving their jobs. So I think maybe if we get at the table and work it out -- we're not going to stop growth completely, and we understand that. And I understand that because I have seen it go from 800 to what it is today. So I think I would suggest to the Board that we instruct the staff to go forward with some negotiations and see if we can't work this problem out and work through out our County. We worked on it for four hours. We started at the north County line and worked all the way to the Everglades. There are some things we disagree on, but I think that possibly we can work out those solutions with the help of the Zoning Department so we know where the zoning is at and what can be put in place in those areas so we don't start getting into property rights and what people are allowed to do with their property. So I would suggest that we negotiate further with them. And, if we have to, put a group together. And I would be willing to sit on it to help work between the County and them to see if we can't work something out. Thank you. COHMISSIONER NORRIS: Mr. Turner? MR. TURNER: Yes. COHMISSIONER NORRIS: Did you say you're an officer of the Marine Trade Association? MR. TURNER: I'm one of the directors of the Marine Industry Association of Collier County. COHMISSIONER NORRIS: Okay, thank you. MR. TURNER: Thank you. MR. DORRILL: Mr. Lyon, and then Dr. Stallings. MR. LYON: Yes, I'm Lee Lyon, the current president for the Marine Industry Association. I would like to reiterate what Mr. Turner had to say. At a meeting last Friday that, really, Dr. Stallings and ourselves requested, we gave the State the opportunity for either us to come up there or for them to come down here so we could try to clarify the problems that they had with our Hanatee Protection Plan. Quite to our own surprise they volunteered to come down and meet with us. The biggest thing, like Mr. Turner says, is we feel that we got is lack of communication. To give you a quick example, up in Tallahassee, of course, they're not familiar with our waterways; and we are. We are all familiar with Clam Pass; they looked at Clam Pass on our charts, and wanted to know why we didn't pay more attention to it as far as Hanatee Protection Plan. It was quite obvious to them, after we told them that Clam Pass was virtually impassable and not navigable that -- they understood then why we had excluded it from mentioning it in the Hanatee Protection Plan. COHMISSIONER HANCOCK: And did they request canoe depth information? MR. TURNER: No. We volunteered that information though. Consequently, we took the waterways, basically, all the way from the north end of Collier County to the south end and tried to go through specific areas that they had problems with and tried to relate, you know, our own experiences and knowledge of the particular areas. I think quite to the amazement of everybody at the table we were all very pleased with the outcome of the meeting, and it left the door open to be able to possibly negotiate this thing out without a lot of hassle and problems. Mr. Turner and I would like to be appointed to the official negotiating team so that we could be copied in on any information or things like that. We would like to pursue further interest with our members and everything to cover the rest of the waterways that we were unfamiliar with be able to discuss it with Tallahassee. Thank you. CHAIRPERSON MATTHEWS: Thank you. MR. DORRILL: Dr. Stallings, and then Mr. Neale. CHAIRPERSON MATTHEWS: Who's the last one? MR. DORRILL: Mr. Neale. He will be your last speaker. DR. STALLINGS: Fran Stallings representing Florida Wildlife Federation. I would basically support what Duke and Lee said. The primary goal that I think all of us have here is to expedite the process and get it settled. There have been four appeals, I think, to date to the governor and the cabinet, and none of them have been upheld. And I think an appeal is just automatically going to add six months to whatever we do. I think the really worthwhile thing -- or one of the worthwhile things that we got accomplished here by inviting these people from Tallahassee or putting pressure on them to sit down with us was to finally get them to write down on paper exactly what they wanted. Because, I mean, obviously we can't go forward without that, and that had not been done. So they did put down on paper what they thought would be a satisfactory solution to the problems. And we had the opportunity to sit down with them, and with a tremendous knowledge of the local area that Duke and Lee have, with their input, a lot of issues were resolved right there. Now, I'm not saying that we are going to resolve all of the issues, but I think at the very least a few weeks of negotiations here that we can identify specific points -- and there may not be that much difference between what they consider acceptable or what we consider acceptable, but at least we'll know what the precise points are. We will not lose the window of opportunity, I think we can appeal to the governor and cabinet, basically, whenever we choose to do so. Like I said, it does add something like six months of time there, I think, automatically, because what they've done before is just to send it back to DEP and say, "Sit down with the local people and work it out." So, anyway, we would certainly like to move forward with it. I would be very happy to work with this group in any way possible to expedite it. I think we are really making some good progress here, and I think we need to continue it. It may ultimately be necessary to do an appeal, but at the very least, we can define the issues and we can know precisely what those issues are and we can go from there. CHAIRPERSON MATTHEWS: Commissioner Mac'Kie. COHMISSIONER MAC'KIE: Dr. Stallings, do you have in mind an amount of time that we should leave the window open for continued negotiations? It's my experience if you have a deadline, it sort of pushes things along. DR. STALLINGS: I would suggest that we would need about six weeks to, you know, get the response back from Tallahassee. My understanding is, in light of the discussions that we had with them at the meeting last Friday, they are going to send their specific response to us. And I guess the time frame sort of depends on how quickly they get that here. But then we would want to look at it, work with County staff, work with the Marine Industry people and anyone else that is, you know, involved and identify more specifically what the differences are and try to work them out. And then whatever is left on the table, we would have to deal with it. COHMISSIONER MAC'KIE: Are you optimistic, from your meeting with them, that we will get that written response from them, say, within a month? DR. STALLINGS: Yeah, and I think that we can push on them a little bit. And I think it might be good if the Board sent a letter to Tallahassee asking for a specific response as quickly as possible. Because there are a number of projects sitting out there that need resolving; manatees need protecting. So, you know, let's get on with it. COHMISSIONER MAC'KIE: Thank you. DR. STALLINGS: Thank you. CHAIRPERSON MATTHEWS: Thank you. Mr. Neale. MR. DORRILL: He is the final speaker. MR. NEALE: My name is Patrick Neale, and I'm here both as a private citizen and also on behalf of a marina client of mine. And here, sort of as a broken record almost, reiterating to a large extent what the previous speakers have said. Because it's important to note that the Hanatee Protection Plan is, of course, necessary really to permit any future marine development in Collier County. Our Growth Management Plan specifically sets out guidelines for marina development to be in water-related spots and so forth. And right now we are stymied -- developers are stymied from going forward because of the fact that we don't have a plan in place. The State imposes the one boat per 100 feet of shoreline rule. I agree with the other parties that have spoken that we should go forward with negotiation, but I feel it's important that we be careful not to compromise private property rights and not to go in contravention of our Growth Management Plan as we go forward with these negotiations. So I think that's an important point to be brought forward. Further I think anything that is finally negotiated should come back to the Board for a final review so that it can have a full and complete public hearing. I also, along with the other speakers, would be more than willing to work in an ad hoc group to sit and help negotiate these things. I would like to see it done within six weeks, because I have a client that has a project that has been hung up in DEP for over a year simply because of this problem. So it's certainly something that is vital to the interest of the County and to the constituents here in the county. I thank you for the opportunity to speak. CHAIRPERSON MATTHEWS: Thank you. Commissioner Hancock. COHMISSIONER HANCOCK: Obviously, I didn't get the frustration of working as the three of the veteran Board members did, and I can understand your desire to want to press ahead. However, everyone that seems to be involved, is in agreement. And I certainly don't want to go in the face of those people who have worked so hard to bring this particular plan to where it is. I'm sure that there may be some more discussion, but I would like to go ahead and make a motion that we direct staff, in connection with a citizen panel to include members of the Marine Industry Association, Dr. Stallings, the Conservancy and Mr. Neale, to sit down with the DEP over the next six weeks and try to produce an agreed upon resolution to the Hanatee Protection Plan. And at that point we can revisit the situation if it has not improved. We then have the opportunity to appeal. COHMISSIONER CONSTANTINE: I will second that if you'll require as part of that that we have an update in six weeks before this Board. COHMISSIONER HANCOCK: I will amend the motion to include that, and, in addition to that, I think Dr. Stallings mentioned that it's a good idea that this Board fire a letter off to DEP requesting a response within, what, four weeks? COMMISSIONER MAC'KIE: COMMISSIONER HANCOCK: COMMISSIONER NORRIS: get it. CHAIRPERSON MATTHEWS: COMMISSIONER HANCOCK: Fed-Ex it back; how's that? CHAIRPERSON MATTHEWS: As soon as possible. Okay. As soon as possible. Two weeks, hopefully then you'll A response to what? How about if we ask if they A response to what? COMHISSIONER HANCOCK: A response enumerating the specific points in the plan in which they have a problem or contention with. So that is an all encompassing motion. COMHISSIONER CONSTANTINE: I second that. CHAIRPERSON MATTHEWS: Motion and second. Is there any further discussion? (No response.) CHAIRPERSON MATTHEWS: There being none, I'll call the question. All those in favor please say, "Aye." (The Commissioners all responded simultaneously. CHAIRPERSON MATTHEWS: Opposed? (No response.) CHAIRPERSON MATTHEWS: There being none, the motion passes. MR. NEALE: Thank you. COMHISSIONER CONSTANTINE: Now you can work on the baseball strike. COMHISSIONER HANCOCK: Thank you to everyone who has been involved in this; and thank you for being here today. CHAIRPERSON MATTHEWS: Next item on the agenda. Why don't we take a quick break. It's twenty-five after; we'll reconvene at twenty-five of. (At this time a short break was taken.) Item #8G2 EVALUATION OF POTENTIAL SITES FOR A NEW LANDFILL - STAFF TO COME BACK IN 60-90 DAYS WITH SHORT LIST FOR FATAL FLAW STUDY; AND STAFF TO ASSESS SITES #16, 17, 18 AND OVERLAND PROPERTY AND REPORT BACK IN FOUR WEEKS CHAIRPERSON MATTHEWS: Reconvene the Board of County Commissioner meetings for February 14th. And we will move on with Item 8-G (2), Evaluation of Potential Landfill sites. Mr. Lorenz. MR. LORENZ: Yes, thank you. For the record, Bill Lorenz, Environmental Services Administrator. This item is to bring before the Board a preliminary assessment of staff's work to look at potential landfill sites in Collier County. The Board requested, on January 17th of this year, to come back to the Board within three weeks with a preliminary assessment report; and that's the purpose of this agenda item. I think -- the one thing I want to be able to state too, is these are potential sites. This is for -- to start the ball rolling for a fairly long and lengthy assessment process. I think it's important to have good public input; input from the environmental agencies, and also to be able to -- for making wise decisions eventually, and develop much more detailed information than we currently have in this report with regard to economic analysis and data for environment -- supporting environmental permits. The other aspect of it is, I would like to be able to say, I think it's important that this is the beginning for the Board to take a look at the general locations and establish some general guidelines or policy for the staff to follow with regard to areas that the Board may say, "Gee, we just don't want you to be this close or in this particular area." And if you can establish those areas and eliminate some sites from further consideration, it will cost less as we go through some of the detailed engineering and environmental work. The first thing that staff took a look at was how much land should do -- should we be evaluating. And in your agenda packet we made some general projections to try and go to the year 2050, which in terms of projection, when you get that far out, it's -- it's -- I'm not even sure you call it an educated guess. But we used the BEBR's, Bureau of Economic Review, the State agency's projections, for medium/high and medium population to make our projections and also look at what the projections are for Collier County's build out to then project the solid waste stream to that level. And as a result of that analysis, assuming that you have to have two and a half -- two and a half acres for every acre of landfill capacity, which is about what we were looking at for the expansion of the Golden Gate Landfill. We are looking at sites that staff looked at in terms of two square miles, roughly 1300 acres. To put that in proportion, the current landfill, the Naples Landfill, is 300 acres. So we're talking about a very much larger area to take us out to that particular point in time. CHAIRPERSON MATTHEWS: Just a moment. Commissioner Constantine. COMHISSIONER CONSTANTINE: How much acreage is still unused or still available? What is it that we have left of the current landfill as far as -- I'm just trying to compare. COMHISSIONER MAC'KIE: Acreage or volume? COMMISSIONER CONSTANTINE: Acreage. What I'm wondering -- you're looking 55 years from now, and we've been told what's left there could be twenty-one years. And I know we have already used a big chunk of that, so I'm wondering why two square miles. MR. LORENZ: Okay. One of the assumptions -- and this was a previous report -- was that the -- that the existing landfill would be to capacity by the year 2001. Obviously this Executive Summary, this analysis, was done prior to the Waste MAnagement's contract just in terms of timing. So if you're looking at Waste MAnagement's contract with, let's say, a ten-year early out, that takes you to 2004. So you've got additional -- more capacity than perhaps you need to for the planning. COMMISSIONER CONSTANTINE: I'm just trying -- MR. LORENZ: I think the answer to your question -- I think it's either twenty-five to thirty-five acres of landfill capacity right now that hasn't been filled, in terms of landfill area. COMMISSIONER CONSTANTINE: Why I ask is the Post, Buckley Report assumed that we had seven to ten years left. With that we found, we could stretch that longer if necessary. So I'm wondering if that also would mean with today's technology we might need a smaller tract than two square miles. MR. LORENZ: I think that's -- obviously, that's a valid point. When we get out that far, in terms of projections, technologies could change. I know that if you have a volume reduction technology that would be upward of to 80 percent. That would be very ambitious, but to try to give you the other end of the spectrum, we're looking at six-tenths of a mile. So I think one of the policy decisions for the Board is -- we're trying to give you some feel for the amount of area that you are going to need. It's obviously a fairly large range of the area as you get further out in time. But for the purposes of getting started, we focused on the two mile -- two square mile sites, two sections of land. We also used the Post, Buckley Report in terms of this elimination assessment. Basically, they had established a criteria which is in Table 1 of your Executive Summary on Page 5 of the Executive Summary, of areas that were not considered for further analysis in their assessment report. We accepted that; however, we added to that that -- we excluded from our book any area that would be one mile from any urban or Estates' designated area on the future land use map. I noted in the presentation last night -- again, this is an area for the Board's consideration -- one mile may not be enough. If we go two miles I think it doesn't exclude a lot of the sites. In hindsight, when we look at it, some of the sites that have popped up in this initial analysis are two miles away from these designated areas. So the Board may want to comment and provide the staff direction with regard to these types of criteria, especially I would think in areas that you would indicate are major land use or major policy decision areas that you would not want to see a landfill in. And, again, having some specific direction from the Board on that would be helpful as we go through this process. Matt, if you could show that one sight, one map. Going through the analysis we basically have found two areas. This is a little bit busy, but I wanted to show it to be busy because we have a lot of constraints that we have to meet. The cross-hatched area, Group A, are some sites that dropped out as a result of the elimination assessment criteria. Group B, which are south of Immokalee Road and Route 858 and then Group C -- Matt, would you push that up a little bit so people can see it. Group C is another group of sites that dropped out as a result of applying the criteria for the elimination assessment. There are a couple of points to note on this map. I'm sure it's not any surprise that Collier County does have a lot of areas of environmental sensitivity. Those areas are shown on this particular slide with the vertical cross-hatching. Matt, may be able to show, for instance, where the True Trust area is located. These are areas that we may also want to try and avoid locating a landfill for obvious reasons; and the further we can stay away from those areas, with everything else being equal, the better off we will be not only for an environmental interest but, I think, for the sake of the environment. CHAIRPERSON MATTHEWS: Excuse me, Mr. Lorenz. Do we have any information at this point from the State as to how many landfills have been permitted in the last five to ten years and what that land might actually look like to see if we have something close to it? MR. LORENZ: I don't know that. I can get that information for you. CHAIRPERSON MATTHEWS: I think that -- I would think that if we tried to find something that we know the State has already approved and then look to see if we have any land in Collier County that -- you know, the closest to that that we can get as far as hydrology and soils and so forth, we may be able to move the process along a little faster. MR. LORENZ: We can certainly look at that. I think when we start talking about the process, too, the question for the Board is do we -- the recommendation that I make as the next step is to establish an RFP to get a consultant involved in the next step, which would be to make the engineering and economic and environmental analysis. And there could be some places where we could do a little more prior to that before we come to the Board with that decision. CHAIRPERSON MATTHEWS: Commissioner Hancock. COHHISSIONER HANCOCK: Mr. Lorenz, of course, in the interest of looking at a lot of information in a short period of time I think most of the Board has gone through your report, and a lot of things that you have considered I think are vital. The one thing that I don't see considered -- and I don't know if I wouldn't have thought of it unless it was mentioned to me by Mr. Thomas -- we do look at ground water recharge in the siting, and the siting criteria was fairly comprehensive. He mentioned the agricultural interest. Obviously, most of the sites we're looking at are in areas where there is significant agricultural production. And the statement that made a lot of sense to me was, "Don't put your trash where your food is." And I kind of like that. So there's not -- I don't see a specific analysis. But was that a consideration, and if so, how much? MR. LORENZ: It was not for the purposes of identifying the twenty sites. However, that was an analysis that I was prepared to bring to the Board that, as a general policy item, the sites that actually rank out high on this particular list are sites that are in active agricultural production right now, both citrus and vegetable crops. COHMISSIONER HANCOCK: Surrounded by active agricultural production? MR. LORENZ: That's correct. If you start to look at the cleared sites that are in Collier County that, perhaps, violate some of the wetlands criteria that -- they would not have shown up on this particular map. I know Oberlin College has had contact with a number of Commissioners. And we went out and looked at their sight, and that's an example of a site -- the reason why it didn't come up on the list. Even those sites are typically still within your agricultural areas. Basically, in Collier County, if you are not -- if you are not going to be in an agricultural area, you are going to be in an area of environmental sensitivity or you are going to be in the Estates or the urban areas. So its kind of pick your poison. And that's why there's a lot of trade offs. And, obviously, I understand that these decisions will be very difficult. CHAIRPERSON MATTHEWS: Commissioner Constantine. COHMISSIONER CONSTANTINE: The double landfill and those types of things are put in place, I am assuming, to protect the ground water and other things? MR. LORENZ: That's correct. COHMISSIONER CONSTANTINE: I'm going to assume that is designed to protect. COHMISSIONER HANCOCK: Don't get me wrong, I'm not saying that if we're within a stone's throw of an agricultural field that it takes it off the list. I just wanted to know what consideration had been taken in that regard and that we, obviously, have one of the Country's largest production areas for growers and vegetables and so forth. Three strikes and you're out. I just want to make sure that was an element of consideration. That was really for the statement, not necessarily to restrict but to warn. MR. LORENZ: That is -- if we go down the steps, for instance, if we were to pick three -- I mean, we have recommended two sites here-- sort of to get started -- to say, "Okay, these based upon the criteria that staff has selected, these are the two sites that come up highest on the list." But when we start changing that criteria, which we can and I think we ought to review that criteria, that next step whereby we do the more detailed analysis with a handful of sites, those types of criteria could then be added as part of a ranking procedure. COMMISSIONER HANCOCK: Because personally I am rather comfortable with the method in which you used and how you arrived at the two sites, I don't know how the rest of the Board feels. I think you recommended sites 16 and 177 MR. LORENZ: Correct. COMMISSIONER HANCOCK: Their physical location for transportation purposes and otherwise seem to fit the bill also, so I'm at least leaning toward the staff recommendation or in that direction. MR. LORENZ: Just to continue to go through this, to get this information out for everybody. Matt, if you could show the ground water recharge map. Again, a fairly busy map. The contours that we are showing in there, the big numbers, 3.0, 2.5, those are ground water -- estimates of ground water recharges in inches per month. This came from modeling that was done by the South Florida Water Management District, and that estimates the ground water recharge -- I think it's about an eighteen or twenty month period -- twenty-four month period. But it gives us some sense of where the more important ground water resource areas are. And where it comes out very important is that north of Immokalee is where the highest ground water recharge in Collier County is. So everything else being equal, we would try to recommend not locating a landfill in the high ground water recharge areas, even considering that you have double lined landfill. But if you don't have to locate it there, if you've other places, it's better to move to the other places with your controls. The Group B sites are in an area of about one and a half inches a month; and the Group C sites are in an area of one inch per month, which is basically the lowest amount of ground water recharge in the County. So the highest areas are up north. And therefore the Group A sites, again, have a distinct mark against them. Transportation impact, the Group A sites you won't be able to get there unless we put another route through the Corkscrew area, you have to do it through Immokalee. COMMISSIONER HANCOCK: There might be a little resistance with that one. MR. LORENZ: Therefore that's got a mark against it in terms of routing the solid waste truck through the Immokalee area simply for transportation of trash. And we have already talked about the significant environmentally sensitive areas. The one thing, also, to note is the data that we used to take a look at the initial sites with regard to threatened and endangered species is a result of information that we have in our computer data base that we've gotten from the U.S. Fish and Wildlife Service. We looked at a number of endangered species. The data that we have used for that therefore is -- is not site verified. Again, as we go through the process for this particular information, we will have to conduct environmental studies to ensure that we don't have a problem on-site that is going to be, if you will, a fatal flaw with regard to that particular site. That will have to come with the next phases. Matt, if you can show the table now, please. CHAIRPERSON MATTHEWS: I have one question. The sites 16 and 17 that you're highlighting here in Area B, I see on this map of environmental sensitivity -- how close to that is the Camp Key Strand? MR. LORENZ: Matt, can you get the other -- CHAIRPERSON MATTHEWS: I mean, Camp Key is almost -- MR. LORENZ: I'm sorry, I missed you. CHAIRPERSON MATTHEWS: In the Camp Key Strand that goes down the middle of the County -- MR. LORENZ: That's correct. CHAIRPERSON MATTHEWS: -- I mean, that's -- that's wet virtually all year long. MR. LORENZ: That's correct. CHAIRPERSON MATTHEWS: And that -- it seems to me that our ground water aquifers are possibly even exposed at that point. MR. LORENZ: Matt, can you show the -- CHAIRPERSON MATTHEWS: Yeah, that's it. MR. HATCHER: For the record, Matt Hatchet, National Resource Department. Both 16 and 17, those sites, there are at least half a mile of active agricultural operations going on to the west of those sites before you get into the forested area that is considered to be Camp Key Strand. CHAIRPERSON MATTHEWS: A half mile? MR. HATCHER: Yes. CHAIRPERSON MATTHEWS: And it's active? MR. HATCHER: Correct. CHAIRPERSON MATTHEWS: Go ahead, Mr. Lorenz. MR. LORENZ: Matt, if you could put the table up. We took a look at -- trying to make some sense of the numbers out of the twenty sites that -- we went through the analysis and looked at a variety of criteria that's on the left-hand side of the table -- Wetlands, Wet Soils, Percent Cleared, Listed Species, Habitat, Recharge, the number of dwellings that are close to the site, the number of dwellings that are downwind, basically, if we looked at the general wind patterns, and we have to consider present location of the airport and transportation impacts. In your Executive Summary, Table 3, we basically just tried to be able to display this information as to what would be a best and worst condition. So the best conditions are your circles; the worst are your triangles; and somewhere in between are the squares. There is -- I don't want to -- there is really no scientific objective or standard that says that this is a number that is bad; it's simply a relative ranking to try to come up with a relative sense of order for the different sites for those criteria. So those sites that have a lot of triangles and a lot of squares are not as good as sites that, obviously, have all circles or predominantly circles. And when we went through that particular analysis, that's where our Sites 16 and 17 rank out fairly good. Again, we did not have a criteria in terms of are these, you know, agricultural operations. They happen to be active agricultural operations. I have to refer to my Executive Summary. Those particular sites kind of came out head and shoulders above the other ones. Sites 12, 13, and 18 have some additional merit for additional review. Again, all those sites would be in that Group B location. That's why the staff, based upon this particular analysis, would recommend further -- definitely further study for Sites 16 and 17. We did have Real Property just give us some information with regard to information that would be important for the feasibility of acquiring Sites 16 and 17. The assessed value of Site 16 is $3.7 million. The assessed value of Site 17 is $5.9 million. You should note that those costs are basically assessed value and the actual market value at this time may be 25 to 30 percent higher. CHAIRPERSON MATTHEWS: Mr. Lorenz, one more question. Sites 16 and 17, are they active agricultural property? MR. LORENZ: Yes. CHAIRPERSON MATTHEWS: Do your estimates include loss of business? MR. LORENZ: No. That would be the point to make, that that would be a -- obviously, that is going to be a very large cost, something that we are unable to assess in a short period of time that we've worked on it. It would be an important factor to consider in the next phase. CHAIRPERSON MATTHEWS: Is there any land in your Sites 16 and 17 that is currently for sale, where an active business may not be a consideration? MR. LORENZ: I don't know. CHAIRPERSON MATTHEWS: Okay. Go ahead, I'm sorry. MR. LORENZ: That kind of brings up -- maybe that is a good transition to the Oberlin College site. Representatives are here from Oberlin College. Matt, can you show the general location of where that is? They have indicated they are very willing to sell their property. COHMISSIONER NORRIS: The other one. MR. LORENZ: This points out where that site is. That would be in the Group C area. Also, Matt, show the environmental sensitivity land so they can kind of see -- CHAIRPERSON MATTHEWS: How many sections north of Site 19 is Oberlin? MR. HATCHER: It's immediately north. CHAIRPERSON MATTHEWS: It's immediately -- MR. LORENZ: It's north of C. CHAIRPERSON MATTHEWS: It's immediately adjacent to C? MR. HATCHER: Yes. CHAIRPERSON MATTHEWS: And it only has a recharge of 1.07 HR. LORENZ: That's correct. CHAIRPERSON MATTHEWS: Where 16 and 17 have a recharge of 1.57 MR. LORENZ: That's correct. CHAIRPERSON MATTHEWS: Okay, go ahead. MR. LORENZ: That particular site did not appear in term of our initial assessment for a variety of reasons. One is we were looking at, basically, two sections -- Matt, face the other direction, find on a map -- try to get two sections of land that we could go for further analysis. So it's just 1,000 acres or 1,100 acres -- MR. HATCHER: It's 1,800 and 1,000 for the landfill portion. MR. LORENZ: 1,000 for the landfill portion. So it just drops below that particular threshold that we're using for the analysis. It's -- the majority or almost 100 percent of the site is in wetlands soils which would not -- obviously, did not meet our criteria. But the reason why we want to stay away from wetlands soils -- it is a cleared site. It's not actively farmed agriculture. There's not necessarily a habitat concern as far as the wetlands. But it indicates a presence of a very high water table. And the regulations will require us to build our landfill so high above the ground water tables; therefore, we would be looking at a lot more fill for land development work. To tell you exactly what the trade-offs would be in terms of the economic analysis of that site you would have to go through the more detailed work to crunch the numbers. The advantage of that site-- and I didn't have a chance to look at the exact difference in transportation. But, obviously, just looking at the map you can see that it is closer, certainly, to our urban area and the existing landfill. Therefore there would be a trade-off, a positive benefit, in regard to transportation from a standpoint of what the cost is of hauling the solid waste to a landfill site. CHAIRPERSON MATTHEWS: Commissioner Constantine. COHMISSIONER CONSTANTINE: And you and/or your staff walked that property as well? MR. LORENZ: We walked the -- well, we drove up the easterly side or the middle of the site, I believe. CHAIRPERSON MATTHEWS: The Oberlin College property? MR. LORENZ: Yes. COHMISSIONER CONSTANTINE: Why I ask is you indicated a majority of the property is wetlands -- and I know -- I'm sure Mr. Bramberg will speak up on his own when we have public speakers -- but he has indicated that of the 1,800 areas, 1,000 or 1,100 are not -- would be usable for our purposes. MR. LORENZ: Let me make that distinction if it wasn't clear. The distinction we're looking at are criteria. Wetlands, in terms of vegetative, the wetlands themselves, or wetlands soils. And when I speak to wetlands soils concerning the ground water tables, that's what I was referring to. CHAIRPERSON MATTHEWS: Go ahead. MR. LORENZ: In terms of future course of action -- and I kind of alluded to this before -- I think one of the questions that we can answer, certainty, is that there seems to be a sufficient number of sites to move forward. The big question that we didn't have earlier on is are there sufficient sites available for in-county disposal. I think it's your staff's opinion that there are sufficient sites in Collier County for in-county disposal that have a fairly good chance of being permitted. The next step is to identify a series of sites which we have that pass certain criteria that we establish that we can move forward and do a little more detailed site analysis work with the engineering and environmental studies. That's the point that we are at now. I indicated in the Executive Summary that it would be nine months to come back to the Board with that kind of assessment. I think that that's probably optimistic. We go out to the site with the consultants -- just getting through the process of getting the contract would be three months. But that's the -- that's the timetable that I think is somewhat consistent with what the Board tried to -- what the Board presented in the January 17th meeting. I'm just saying that the timetable is very optimistic. COHMISSIONER CONSTANTINE: How much is that contract likely to be if we go outside with this, just a balipark? MR. LORENZ: It could be upward of $300,000. It would be -- I'll give you an example. The Post, Buckley Report -- I don't have the number, but I think it was about $270,000. Now, they did an environmental assessment that was part of that. They did a lot of other work. So we are looking at -- we're looking at around a $300,000 figure. We had budgeted this year for $200,000 to simply do some additional environmental assessment work thinking we would be on a little longer timetable. If we are going to accelerate the timetable, I think it would be better to wrap that all up into one consultant contract. CHAIRPERSON MATTHEWS: Do you want to continue? MR. LORENZ: In the Executive Summary -- simply to provide the Board to have some sense of the numbers, and I think that we covered that during the evening of the contract negotiations. But you are looking at between twenty and thirty billion dollars in terms of development of that -- of what we're saying are the first fifty acres of the landfill site. The fiscal impact of it, I think you understand the strategy of the Board with regard to Waste Management's contracts. Our tipping fees in eight to ten years we wouldn't be in bad shape in terms of having the moneys available for it, but obviously these are -- these are some gross estimates at this particular point. We should have sufficient time as we get further along the studies to understand what our financial plan ought to be. So that's pretty much the formal presentation that I have. CHAIRPERSON MATTHEWS: Commissioner Hancock. COMHISSIONER HANCOCK: I was, just based on your report -- fairly comfortable with Sites 16 and 17 until Commissioner Matthews asked the question have we incorporated the costs of buying the business that is operating there. I would say I find that to be a rather substantial number. So that tends to color the results rather significantly. So I guess I'm looking for direction from my fellow Board members at this point because it seems now that we are looking at Group C and Group A to me -- CHAIRPERSON MATTHEWS: That's not acceptable. COMMISSIONER HANCOCK: -- That ain't it. CHAIRPERSON MATTHEWS: That's not acceptable. COMMISSIONER HANCOCK: So I'm looking more toward the Group C area and possibly including the Oberlin property in that Group C as an overall view. CHAIRPERSON MATTHEWS: I think one thing, too, that we might want to look at is the area in Group B. While 16 and 17 might be the preferential sites there has been no contact made with the property owners I presume -- MR. LORENZ: No, there hasn't. CHAIRPERSON MATTHEWS: -- as to whether we have a willing seller. COMMISSIONER HANCOCK: That's true. CHAIRPERSON MATTHEWS: And perhaps we may we need to move in that direction. But if there's not a willing seller, we're looking at business costs as well. Commissioner Norris. COMMISSIONER NORRIS: I share your concerns, but before we abandon looking at 16 and 17 we should at least get some idea of the costs involved in buying active agricultural properties. And we should, at the same time, not delete the Oberlin property until we find out how much it would cost to put the fill in to bring it to the level we would need to do. So those I assume, Mr. Lorenz, are part of the questions that you want answered by having a review made of all these sites. MR. LORENZ: Those particular questions perhaps we can -- the staff could answer those questions before we could -- COMMISSIONER NORRIS: Okay. MR. LORENZ: -- before we subject that to a consultant study, we could provide you with a little more knowledge on those questions. CHAIRPERSON MATTHEWS: Commissioner Constantine. COMMISSIONER CONSTANTINE: Commissioner Hancock, in answer to your question or comment, my suggestion of the calendar that I put forth January 17th was for this next phase to do exactly what you are asking. And that is is there a fatal flaw that we can't see. If we see it's going to be $15 million for a piece of property, there's no sense for us have a consultant go look at it if we could go through and look at some of the basic things like that. My question would be -- and maybe someone could answer this -- are the assessed values put forth by the tax collector, do those take into consideration the fact that they're active? Because if you look at these two sites they are -- as they're drawn on our map anyway -- they're roughly identical in size, 16 and 17. Yet one is valued -- assessed at 3.7 and one is assessed at 5.9. I was thinking maybe citrus is more valuable than vegetable. I don't know. I wonder if that's not already taken into account. CHAIRPERSON MATTHEWS: Could be. COMMISSIONER CONSTANTINE: I don't know if anybody can answer it or not, but that's something we need to know. CHAIRPERSON MATTHEWS: But still you have, you know, regardless of what the assessed value of the land is and any improvements that were made on the land, if it's income-producing property, the property owner, if he is not willing to sell -- COMMISSIONER CONSTANTINE: I understand. CHAIRPERSON MATTHEWS: -- You may have to pay some of his profit over time in order to encourage him to sell. COMMISSIONER CONSTANTINE: I would also like to hear from the representative from Oberlin. CHAIRPERSON MATTHEWS: Yes, I think we will move on to the public speakers soon as Mr. Lorenz is finished. MR. LORENZ: I'm finished. CHAIRPERSON MATTHEWS: You're finished? MR. LORENZ: Yes, ma'am. CHAIRPERSON MATTHEWS: Okay. Mr. Dotrill, are there public speakers? MR. DORRILL: Yes, ma'am, very few. Mr. Keller, and following him, Mr. Bramberg. MR. KELLER: George Keller representing the Golden Gate Estates Civic Association. Number one, no matter where we put this thing, unless we go and regulate our developing of property, we could create a problem. We have to pick -- pick this site where the future development is very improbable in the next twenty-five to thirty years. Because no matter what we do if people move around these sites, they are going to raise the devil with the future Commissioners and say they were inappropriate. COMMISSIONER HANCOCK: And what would make you say that Mr. Keller? MR. KELLER: Now that particular Site B there, I don't know what the possibility of that being developed into residential land is. It appears as though that Site C -- CHAIRPERSON MATTHEWS: You're talking about the Board rezoning it. MR. KELLER: It appears as though Site C, down below, is surrounded pretty much by environmental sensitive land. If it would be possible to put a dump there with the Department of Environmental Regulations controlling it, that might be one of the better places; because the chances of future development in that particular site -- I believe that's the Belle Heade site. And they're already talking about buying up a good percentage of that with the federal -- with the state government buying it up. So if we could get that approved, and if -- secondly, I honestly don't see if we don't have any type of -- appraisal figures don't mean anything. If we don't have any proposals by any of these owners, what they're willing to sell the properties for so we could build on, what it's going to cost us finally to develop it according to the elevation of the property and the water problems, I don't know how we could pick up the site. I couldn't -- I wouldn't like to buy a house or piece of property if I didn't know what it was going to end up costing me when I'm going to finally use it. So I think the most important thing is to see if you could get options. If these people are willing to give you -- and I wouldn't say the option should be for five or ten years because we don't know exactly when we're going to need to start developing this property. So We have to have a long-range option so that we know that -- so that we can plan in the future. We may not need another dump for ten years. We may not need another dump for twenty years if we go and get better control over our waste. So let's not be too jumpy and jump at something unless we know all the facts. Thank you. CHAIRPERSON MATTHEWS: Thank you. Mr. Bramberg. MR. DORRILL: Following Mr. Bramberg I have Ms. -- No, Mr. Olds. MR. BRAMBERG: Good morning. I'm Bill Bramberg; I represent college properties. I brought some pictures here that I will give to the Board. They were taken last Thursday. CHAIRPERSON MATTHEWS: You can give them to Mr. Dotrill. HR. BRAMBERG: HR. DORRILL: give them? HR. BRAMBERG: HR. DORRILL: give them? HR. BRAMBERG: Thank you. Do you have anything else you wanted to I'm sorry? Do you have anything else you wanted to No, thanks, I already have. We were visited last Thursday by Hr. Lorenz and his very able staff. It was very kind of them to come. The point I want to make there is we very much ask of you to keep the window open, to take the time to really look at our property. Because among the things we are, we really are a willing seller. Our property is large enough that you could do a great many thing with it. Our property is remote, and yet it's centrally located. I think our property will cost the County a great, great deal less to operate than something in the Immokalee area. Finally, we have no active agricultural use going on it right now. As you can see, we only have grazing at this point in time. COHMISSIONER HANCOCK: Does the cattle come with the property? MR. BRAMBERG: There's a killer cow about to hit me. I watched the car while the gentlemen went and analyzed the property. But we can talk about steak. In any event we can also talk about something that my co-consultant, when he came down from New York last week mentioned, and that would possibly be to assist you in the creation of a waste resource recovery facility of your effluent activities of your landfill. The possibility of underwriting or purchasing some of the bonds of the County. I don't know if that's helpful, but it would seem to me it would require less cash of the County to get into this. And I know how seriously you are considering it. But the point, again, is I would like further consideration; I would like the window to be open a little further. Because, again, we are rushing to this -- and Mr. Lorenz was kind enough to come last Thursday with his staff. I would just look to be included in those groups of properties that you do analyze. COMMISSIONER CONSTANTINE: Mr. Bramberg, do you have an estimated value or an asking price? MR. BRAMBERG: On what we call the Wiggins Tract, we believe it would be something like $4,000 per acre. The college has some 1,810 acres out there. But when we mention the subject of additional fill needed, we also have an ongoing fill activity. Therefore, it would be right next to you if that was necessary. I have submitted to the Board a colored map that shows three different colors. One, the green is the -- what we call the uplands or the Wiggins Tract; that's where we'd be talking about $4,000. The yellow is what we identify as the wetlands. The wetlands is impacted by the Belle Meade Cow Program; the Wiggins Tract is not included in the cow program at all. I'd like you to know that. So we can work together on that immediately. Lastly, I come down weekly; I would be delighted to work with your staff or anyone of the Commission. Any other questions? CHAIRPERSON MATTHEWS: I just have one. I guess we do have a little bit of a question about the hydric soils. Because the parcels, 19 and 20, that are in Area C, according to our staff report, the hydric soils there are, what -- what are they, 70 to 80 percent; is that correct, Mr. Lorenz? MR. LORENZ: Yes, 75 to 80. CHAIRPERSON MATTHEWS: 75 to 80 percent. I don't know whether yours would be in that area, in that same range. I would expect it would. I mean, it's contiguous to -- MR. BRAMBERG: Comparable. But, I'm sorry, I'm not a hydrologist. CHAIRPERSON MATTHEWS: Me either. MR. BRAMBERG: Among the many things I'm not. CHAIRPERSON MATTHEWS: Commissioner Hancock. COMMISSIONER HANCOCK: One element I would like to add to that is my experience with environmental permitting is that hydric soils are an element of the establishment or -- the establishment of the wetlands value of a property. In other words, the soils by themselves do not constitute a certain level of mitigation or impact, but a combination of that and vegetation. We don't have cattails and cypress trees popping up, based on those pictures, so there is some room in there even if the soils are hydric. MR. LORENZ: Correct. COMMISSIONER HANCOCK: And you're basing that on a soils map and not borings; is that correct? MR. LORENZ: Correct. COHHISSIONER HANCOCK: Okay. So a preliminary boring could show a whole other picture on the property? And if I were asking $4,000 an acre in that area, I might go do some borings. MR. LORENZ: The difference between wetlands and wetlands soils is wetlands soils are indicators of high ground water tables. COHMISSIONER HANCOCK: Agreed. But then, again, we can also do well monitoring to determine the existing fluctuation during wet season and use that to establish whether or not it truly is a currently operating hydric area. MR. BRAMBERG: Commissioner Hancock, I think borings have been taken in the past. CHAIRPERSON MATTHEWS: Go ahead. COHMISSIONER HANCOCK: You will self destruct. MR. BRAMBERG: It's not Hission Impossible. COHMISSIONER HANCOCK: It would be helpful if you have that information to forward it to Mr. Lorenz' department. MR. BRAMBERG: I will try to research it for you and find out if we have it. COHMISSIONER HANCOCK: Thank you. MR. BRAMBERG: The other speaker, the prior gentleman, made some very good saving points. The Belle Heade College, as you know much more than I do, is coming into that environment. This is an area where it would be very wise to locate a landfill, because that's where growth is not going do happen. This is going to be a very quiet area. CHAIRPERSON MATTHEWS: Thank you. MR. BRAMBERG: Thank you. MR. DORRILL: I had one preliminary question for Mr. Bramberg concerning access. Mr. Bramberg? MR. BRAMBERG: Yes, sir. MR. DORRILL: The access to what you refer to as the Wiggins Tract is -- legal access would be afforded through what mechanism? MR. BRAMBERG: Well, the way we came in last week was through Six L's Farm Road off of 41 correspondingly -- other than what we are experiencing right now -- Sable Palm. MR. DORRILL: So specifically -- MR. BRAMBERG: There's two modes of access, sir. MR. DORRILL: And they are legal accesses? MR. BRAMBERG: I can't speak to that. Oberlin College paid, as I understand it, for approximately one mile of the paving which exists out there. We're three and a half miles east of 951. MR. DORRILL: I understand that. The second question is are you familiar with the history and difficulty in the County's efforts to improve Sable Palm Road? MR. BRAMBERG: No, sir, only by conversation. MR. DORRILL: I don't have any other questions. CHAIRPERSON MATTHEWS: And the road, Six L's Farm Road, I believe is a private road. MR. BRAMBERG: I was told it was public and private. I called down there and asked, and I don't have a definitive answer for you. We were welcomed on to it. CHAIRPERSON MATTHEWS: There's some rather heavy traffic. COHMISSIONER HANCOCK: Obviously, access to a landfill is key. CHAIRPERSON MATTHEWS: Okay. Thank you. Next speaker. MR. DORRILL: Mr. Olds, and following Mr. Olds I have Ms. Riner. MR. OLDS: The name is Stanley Olds, and I'm speaking as a citizen and taxpayer. First of all, I want to congratulate Mr. Lorenz on what he's done. He's done a lot of really good work. But I think the one thing we haven't thought about here -- and maybe I haven't been around long enough. But have we ever considered an incinerator? Now, I know that -- COHMISSIONER HANCOCK: Does that answer your question, sir? MR. OLDS: Yeah, well, actually I still think it's a good idea. CHAIRPERSON MATTHEWS: Many years ago. MR. OLDS: Well, Lee County is doing it, and they are doing a good job. Why couldn't we ship our garbage up to Lee County? I mean, those are thoughts we probably should have thought about before we had the Waste Management contract. CHAIRPERSON MATTHEWS: I talked to Lee County two years ago about doing exactly that, and their excess capacity was only about two or three year's worth. So it would be a short-term solution, but not long term. MR. DORRILL: At almost three times the cost. Because I believe their tipping fee is about $70 per ton where ours is currently $25. COHMISSIONER CONSTANTINE: Mr. Olds, we did think about it at the beginning of this whole RFP Process. We said the only technology we would not include was incinerators. So we did have a discussion on that some 18 months -- MR. OLDS: I missed that one. MR. DORRILL: And if I might add, in the mid-80's this County spent almost a million dollars trying to develop a project with Westinghouse Electric Corporation to develop a facility in this County. It failed, primarily, as a result of the ability to sell the excess electricity back to Florida Power and Light. So it failed due to financial feasibility and widespread environmental concerns. MR. OLDS: Well, that kind of knocks out my thoughts. But one thing I realize is that with all the money that has been spent -- and that could have been spent on this Waste Management contract -- I'm just wondering why we didn't have Waste Management include in that contract to look for a landfill for us. And we've never thought about that. Why couldn't we have done that on the inclusion of the contract? COHMISSIONER HANCOCK: We had enough other things in that contract to worry about without throwing that in. MR. OLDS: Well, I know. And not only that, you've had two or three different contracts. And the last contract we saw, my gosh, it was completely different. But anyway -- CHAIRPERSON MATTHEWS: Excuse me, Mr. Olds. MR. OLDS: Yeah, okay. COHMISSIONER NORRIS: Excuse me, Mr. Olds, but we did speak to Waste Management about that during the discussions. That wasn't included as part of the contract because we felt we would rather do it ourselves in the end. But we did talk about that. And I have to take a little bit of issue with you when you say all the money we spent on the Waste Management contract, actually it turns out we're going to save, over a ten-year period, fifteen to twenty million dollars not spend it. So I have to take a little issue with you on that. MR. OLDS: Well, I will take a re-issue on you. I just wonder-- I just wonder where all this savings is going to come about. Because, you know, over the many years we have done a lot of supposing, presupposing, and many of those times those things just don't happen. So I have to say -- CHAIRPERSON MATTHEWS: Mr. Olds -- MR. OLDS: -- I have to say that maybe -- CHAIRPERSON MATTHEWS: -- you are using up your five minutes to address this issue. MR. OLDS: Oh, all right. I'm finished. Thank you very much. MR. DORRILL: He is your final speaker. CHAIRPERSON: Commissioner Hancock. COMMISSIONER HANCOCK: As a point, and it's something that we haven't addressed and probably will, as the contract for the new operation landfill comes about the question of where that savings goes and how it's put together will be answered at that time. I can guarantee you. So that's not to be left to chance, sir, by any means. CHAIRPERSON MATTHEWS: Any other comments? MR. DORRILL: We do have two additional speakers that registered late. CHAIRPERSON MATTHEWS: Mr. Perkins. MR. PERKINS: Goods morning, Commissioners; good morning everybody out there. Here we are again. Okay. I need to address some of the things -- now, I represent Belle Meade Group and Citizens for Constitutional Property Rights. Now, David Russell (phonetic), but needless to say, he's spread thin, too. He's the president for Citizens of Constitutional Property Rights, and he asked me to speak on his behalf. A couple of things I need to address right up front, and you have to keep it in mind. Because Commissioner Matthews brought up about the 1 percent as far as the water. I need to read to you and all you people an excerpt from March 17, 1974, Big Cypress Basin Board. "From a basin board water management prospective, the Belle Meade area offers opportunities to redirect upstream drainage from the northern Golden Gate Estates, reduce over drainage, increase water storage capabilities, increase coastal recharge .... and they just contradicted themselves .... and improve present water discharge impacts to the Rookery Bay at 10,000 Islands." Rookery Bay and 10,000 Islands is to the complete western portion of the Belle Meade. Meaning that the Fakahatchee Strand, the southern estates, and all the canals out there are being forced to push the water to the west; and the natural flow falls off to the south. COMMISSIONER HANCOCK: Mr. Perkins, quickly relate this to the subject at hand, please. MR. PERKINS: Right. Well, according to Oberlin College Properties -- what I'm trying to drive at is the fact that the water table has deliberately been raised to take and discourage anybody out in the Belle Meade or the landfill. It's also filling up all throughout the whole area. Now, let me just get on with the landfill, per se. I can't see with these things on. Immokalee already has a landfill. And I'm sure, on Section B, when we have the County Fair, the people are really going to love that smell. The distance -- CHAIRPERSON MATTHEWS: That's quite some distance. MR. PERKINS: The distance to -- COMMISSIONER CONSTANTINE: Six and a half miles. MR. PERKINS: -- the new landfill is thirty-five miles -- thirty miles, I'm sorry. From Immokalee -- from MArco Island is another thirty-five miles, so we're going to be hauling trash and debris trucks approximately sixty-five miles. Now this relates to money, impact on the roads, danger to the kids who are at MAnatee School and Golden Gate is going to catch all the traffic on the trucks. The road destruction you better take and think about, because we'll have take and put in a new 951 because it's going to tear it all up. Now by putting this water out there and creating a problem for Oberlin College and creating for the farms and for the Belle Meade area, we're going to take and increase the amount of mosquitoes. That's encephalitis in case you don't know. Nobody has addressed the fact that the EPA -- and I would expect Bill Lorenz would have brought this up -- that the EPA is going to push it down our throat that we are going to recycle, and we are going to recycle big time. This is no if, ands or buts. Check with Porter Goss or get the dog-gone pamphlets that's about an inch thick, and they're going to tell you that we're going to put the landfills out of business, per se -- they didn't say when, but over a period of time. But recycling is going to be right up to the maximum. Now, on the Oberlin -- I was out there; I walked around up there because I wanted to know where it was that I was referring to. Well, I went out there, and I climbed through the fence and there was cattle all over the place. But I had a good time, because I have cattle, but not those. The point is if we go to total recycling, the tipping fee goes up, the amount of debris that we are going to actually take and have to get rid of could be composted or there are a lot of other technologies out there. Now, the reason why I know this for a fact is on account of I could take and put about this much (indicating) of a stack of pamphlets from all over the world on Bettye MAtthews' desk up there, and she will get a headache trying to read all this stuff from all the different vendors and from the different states and from the countries around this world. The technology is out there, and we are going to be pushed to it. Now, I'm advocating let's play it smart. Let's not move a problem with from one place to another. Let's fix the problem. If you look at the Oberlin site, it is centrally located. And the reason why the existing landfill is where it is, is on account of at the time it was the smart place to put it. Geographically it's the right place to put it. Now the people that want it out of there because of the fact we are going to be called -- can I finish? CHAIRPERSON MATTHEWS: Can you wrap it up? MR. PERKINS: Yes. -- We're going to be the trash county of the state. The location is critical. The transportation, the school buses impact at that time in the morning with all the trucks -- anyhow, I believe that the Oberlin site would be the best site geographically and for everyone involved versus the other two sites. Thank you very much for tolerating me. MR. DORRILL: Mr. Krasowski. CHAIRPERSON MATTHEWS: Mr. Krasowski. MR. KRASOWSKI: Hi. CHAIRPERSON MATTHEWS: Hi. MR. KRASOWSKI: A lot of interesting things going on here. I'm Bob Krasowski. I'd just like to bring up one point. It's probably on your minds already; it's been sort of referred to. But if we were to identify an alternate technology and get involved in any kind of waste reduction techniques -- and there's quite a few out there. Oberlin, I think has one in mind. We've had proposals, and there's others even past that that might suit our needs. But if we were to do that then, of course, that lowers our volume and might make it unnecessary to go for the two square miles. It seems like a lot of land to me. I think Commissioner Constantine was -- made a good point that if we have this thirty-five acres available now at the existing landfill site and we've projected an additional twenty-five years on that, then why do we need two square miles to only go fifty -- even less than fifty years. So I'd be interested to know if we did identify alternatives and lowered the volume what other areas might come into play as potential future sites based on a lower land requirement. So before you spend the $300,000 a study on these sites, I think maybe we should evaluate if there is any cause for an interest in what I have just mentioned. CHAIRPERSON MATTHEWS: Thank you. Commissioner Constantine. MR. BRAMBERG: Could I add a point? CHAIRPERSON MATTHEWS: Just a moment, sir. Commissioner Hancock, I believe has a question. COHMISSIONER HANCOCK: The implication from both Bob and others is that this Board is sitting on its hands and not looking at alternate technology, and I assure you, you're both dead wrong. I'm having -- MR. KRASOWSKI: I didn't imply that at all. I think your perception of my implication is dead wrong. COHMISSIONER HANCOCK: Well, it's not the first time it's been said, Bob. MR. KRASOWSKI: Yes, I was talking about -- COHMISSIONER HANCOCK: It doesn't matter. MR. KRASOWSKI: Okay, fine. I resent the fact -- COHMISSIONER HANCOCK: Excuse me, Bob. MR. KRASOWSKI: -- you're taking this opportunity to attack me. COHMISSIONER HANCOCK: I'm not attacking you personally, Bob. MR. KRASOWSKI: Okay. Well, you said something that was not correct. COHMISSIONER HANCOCK: Thank you. MR. KRASOWSKI: Good. COHMISSIONER HANCOCK: The bottom line is this Board is not sitting around wait for doomsday to occur. I'm getting presentations on new composting; we're moving ahead with different ideas. The bottom line is we have to have a place for things to go. And I would like, in this decision, very much the one that the Board talked about in the form of deep-well injection for effluent. It's not what you prefer to do, but you have to have a final place for things to go should Option A not work out. So things are happening at one time. There's more than one thing going on here. And I just want to assure people that we are not looking solely at landfilling, but we have to do the investigative work on the alternate technologies, and that that's ongoing. I'm personally doing it; I know the rest of the Commissioners have received the same letters that I have. And I think there are things moving on more than one front. So I just wanted to let people know that because, again, I think the insinuation was incorrect here today. CHAIRPERSON MATTHEWS: Mr. Bramberg, because your property is on the list -- or at least we're putting it on the list -- we'll hear a final comment. MR. BRAMBERG: The only other comment where I was going to tell you, the Commissioner just said it and Mr. Constantine too, we would like to be a candidate for the effluent situation, as well the Lely expansion, should that come about, because we are in direct proximity. Proximity plays a lot of factor in this. And we think we're handy, if that's the proper word to use, for all of your needs. Thank you. CHAIRPERSON MATTHEWS: Thank you. Mr. Dorrill is that the last of the speakers? MR. DORRILL: Yes, ma'am. CHAIRPERSON MATTHEWS: Is there further discussion on the Board? COHMISSIONER CONSTANTINE: Just a couple of comments. I want to put this in perspective. Every time I see in the paper or hear on the radio the, quote, "Immokalee sites." This is actually, as the crow flies -- 16 and 17 are the two, quote, "favor sites." As the crow flies, they're, like, five and a half to six miles to the nearest point to what we'll refer to as urban Immokalee. This is not directly adjacent to it. It's actually closer to the estates, and they're still a ways there. Somebody mentioned, "Boy, those are close to the fair grounds." It's like six and a half or seven miles to the fair grounds. So one of the appealing things of these sites -- and this needs to be made very clear -- is they are indeed in the middle of nowhere. This doesn't have an impact directly on any existing community or any community that is zoned for the future. The only way -- a couple of people mentioned future growth. The only way there can be residential growth in this area is if the Board of Commissioners fezones it and allows it. So I think that is the appealing thing about 16 and 17. I would like to look at 18 as well. It has a couple of extra problems, but I would like to look at 18 as well. And I would like to see us put the Oberlin College property in as a finalist as well. I think that has many appealing things, and perhaps if we follow Commissioner Hancock's suggestion on soil borings -- COHMISSIONER NORRIS: Is that in the form of a motion? COHMISSIONER CONSTANTINE: I'll make that a motion: 16, 17, 18, and Oberlin. CHAIRPERSON MATTHEWS: I would like to ask a question as to why 18. It seems to be too small. COHMISSIONER CONSTANTINE: What is the size on that? CHAIRPERSON MATTHEWS: It looks like one square mile. MR. LORENZ: That is, and that was kind of an artifact when we did the analysis. But, Matt, is there -- maybe you can show where that site is. I'm not sure if that's a balance. CHAIRPERSON MATTHEWS: It's only one square mile. COHMISSIONER HANCOCK: I'm going to say that 18 would have to include a portion of 15 to be viable as an overall site size. COMMISSIONER CONSTANTINE: I guess why I raised the question is earlier I asked about how much space we had left and how that goes for twenty-one, and that's thirty-five acres. And I'm wondering why we need two squares miles to go, roughly, double that amount of time. So I'm wondering if maybe as part of this we can't look at -- because the door -- what I perceive as either inaccuracies or things have changed since that Post, Buckley Report was done. I would like to see us have some idea whether or not we really need that much space. Because I think under the technologies we got back and just the way of landfilling that we got back in our contract, we found that we could get more use out of less space. So perhaps we don't need the full two miles. MR. LORENZ: We could certainly look at that, and presenting to the Board some rationale for something lower. CHAIRPERSON MATTHEWS: I have one question. Mr. Dotrill, when are the alternative technologies coming forward? MR. DORRILL: We have them in. The evaluation is essentially complete. I'm presume we are going to do that by the end of the month, but I'm looking -- MR. LORENZ: We haven't put together a committee to actually review them. We have summarized to some degree at staff. But to present them to the Board in terms of ranking, I would suggest that we could be back within four weeks with a formal presentation. COMMISSIONER CONSTANTINE: Of the responses we got on those, what was the cheapest per ton? CHAIRPERSON MATTHEWS: Less expensive. COMMISSIONER HANCOCK: It was $40 to $50 a ton, is the cheapest I saw. MR. LORENZ: For the composting. However, the clean earth -- that would have been the joint venture with Lee County -- they would basically take all the materials if we hit a particular level so we wouldn't have an expense on that side for them. There would have to be some additional discussions with Waste Management and Immokalee Disposal, our current franchise haulers, to agree to take the materials to Lee County. COMMISSIONER CONSTANTINE: Why I asked that question is to make the point. I don't want any one's hopes to jump too high. Those are two or three times more expensive than what we are doing DOW. CHAIRPERSON MATTHEWS: Commissioner Hancock. COMMISSIONER HANCOCK: The problem I have is that we received three responses to the RFP, and I have already talked to two people that have not -- that didn't respond to the RFP for whatever reason, and there may be some more out there that we didn't receive that I would like to see considered; that I'd like to see the Board get some information on. So before we get too deeply into that -- again, I'm not sure what the proper process would be, but, yes, the cost is going to be greater. But I think we're looking thirty or forty years down the road of what is going to be better overall for the community. And there are some processes that are coming on line that are expensive, but in the long term, they will provide benefits. I'm not sure how we can involve those in this process at this point. CHAIRPERSON MATTHEWS: Commissioner Constantine. COMMISSIONER CONSTANTINE: And I appreciate that. But we heard all that stuff coming on line, new technology, we heard all that two years ago, a year and a half ago, and we were very careful when we issued the RFP for alternative technologies to include anything and everything with the exception of incinerators. But we went out of our way to try and open that up to virtually everybody. And these are the responses we got. Commissioner Norris, Commission Matthews I think will reiterate that we tried very hard to make sure we did get a full scope of what was out there. COMMISSIONER HANCOCK: I will continue certain things on my own. And if it looks fruitful, maybe I can be the vehicle for bringing that to the Board. CHAIRPERSON MATTHEWS: COMMISSIONER NORRIS: CHAIRPERSON MATTHEWS: on it. COMMISSIONER NORRIS: Thank you. Did we ever get a second? I thought we did have a second I thought I did second it, but just to be sure I'll second it again. COMMISSIONER CONSTANTINE: Just as part of this -- I guess I need to make this part of my motion. I want to understand where we are going with this rather than just give a blank check to go and look for nine months. We talked about price, we talked about certain other things. Could we see, within a certain time frame perhaps at the same time we are soliciting for an outside assistant on this, could we check the fatal flaws on each of these as far as price? MR. LORENZ: Yes. I have a series of notes here. And what we'll do is we'll go ahead and pull together some of this information and any other information that we may think of ourselves to bring to the Board. And at the same time I would like to involve the Office of Capital Projects to begin drafting an RFP for outside consultants to establish what the scope of the study would be. COMMISSIONER CONSTANTINE: I'm not suggesting this, but I'm asking the question. We have an engineer or engineers of record that do work for us. What is the limits -- what are the limits under which we can award something and waive? And I'm not saying I want to do that, I'm just -- CHAIRPERSON MATTHEWS: CCNA? MR. DORRILL: CCNA'S expert is right here. We have both annual contracts for small-scale projects -- engineers of record are typically limited to those. MR. CONRECODE: For the record, Tom Conrecode for Capital Projects. Study activity is limited to $25,000. Any other activities that involve construction or result in construction are limited to a $500,000 project limit. COMMISSIONER NORRIS: Thank you. CHAIRPERSON MATTHEWS: Thank you. We have a motion. And, Commissioner Constantine, would you restate the motion for the sake of the court reporter. COMMISSIONER CONSTANTINE: We create the short lists for a fatal flaw study and then for further study, assuming none of them have a fatal flaw, by outside engineers. Site 16, Site 17, Site 18, and the Oberlin College -- CHAIRPERSON MATTHEWS: And the Oberlin College property. COMMISSIONER CONSTANTINE: -- property. CHAIRPERSON MATTHEWS: And we have a second for that motion. Do we want to put a time frame on the next report to this Board since we're kind of trying to fast-track this a little bit? COMMISSIONER CONSTANTINE: On the fatal flaw items, how long do you think you need? Bill, we had originally, I think, said 90 days when I had my January 17th calender for that. I would assume that would be roughly the time it would take to issue an RFP and get responses as well. MR. LORENZ: Well, staff could get back to you with within four weeks, I think, for some of these specific points that you have wanted. I'm not sure in terms of coming back to the Board with an RFP, perhaps Tom might be able to advise a little bit better in regard to a time. MR. CONRECODE: Sixty to ninety days. CHAIRPERSON MATTHEWS: Sixty to ninety days for the RFP, but you think you can be back in four weeks with some of the questions that we've raised? MR. LORENZ: Yes. CHAIRPERSON MATTHEWS: Do you want to include that in your motion? COMMISSIONER CONSTANTINE: Yeah, I'll include that in the motion, within 28 days we have an update as far as the detail items on these particular properties and within -- CHAIRPERSON MATTHEWS: Within 90 days. COMMISSIONER CONSTANTINE: -- Within 90 days, sooner if we can. But within 90 days we will have the responses from the RFP's. CHAIRPERSON MATTHEWS: We can have them short listed in 90 days. MR. CONRECODE: Within 90 days we can have them short-listed and have a contract ready for presentation to the Board. COMMISSIONER CONSTANTINE: All right. I will include that as part of my motion as well. CHAIRPERSON MATTHEWS: Does the second accept that? COMMISSIONER NORRIS: Yes. CHAIRPERSON MATTHEWS: Okay. Thank you. We have a motion and a second. If there is no further discussion, I'll call the question. All those in favor please say, "Aye." (The Commissioners all responded simultaneously.) CHAIRPERSON MATTHEWS: Any opposed? (No response.) CHAIRPERSON MATTHEWS: The being none, motions passes. Mr. Lorenz, I guess we will see you in four weeks on this subject. Thank you. Item #11A WORK RELEASE RESTITUTION CENTER UPDATE TO THE BOARD OF COUNTY COMMISSIONERS AND THE JUDICIARY - STAFF RECOMMENDATIONS #3 AND 4 APPROVED We had agreed to hear from Judge Brousseau and Mayor Putzell on the work-release program as close to 11:30 as possible. This is as close as we can get. Is Judge Brousseau here? JUDGE BROUSSEAU: Yes. CHAIRPERSON MATTHEWS: Yeah, he sure is. I thought he was. JUDGE BROUSSEAU: Thank you. Good morning, Members of the Board. The last time we were here on the work-release center you requested that staff determine how to proceed with financing options, procurement methods, capital expense, and the cost of operation. Several things have occurred since we had that last meeting. Tom Conrecode, Steve Camell and members of the County Attorney's office have determined the legality and efficiency of several approaches to procuring the construction and financing the center. A group led by Ned Putzell, including Judge Wilson, Bob Briggam, myself we went to Orlando to view their work-release center. It was an inspiring visit. We found not only did it work as well as we had been told, but it was being done so in a very economical manner. I will ask staff to make the reports and recommendations in a moment. I would like to talk about the philosophy of the center, the cost of construction and operation, and the role you have in making choices that effect these things. We saw, in Orlando, a steel building that was run with minimal personnel. Some of the expenses involved in their operation were tied in with job placement and after-care services that went beyond just the people that were being housed in the work-release center, it served other parts of the criminal justice system, and group and individual counseling on a daily basis for all the people involved. Now, how do you have control of the costs? Well, you have to make a decision of whether you have a steel building versus a fortress or something in between. Are the people being housed there, are you going to have them heavily guarded with state-of-the-art electronics versus minimally supervised barracks, which is what we saw in Orlando? Are you going to provide minimal counseling and job placement against intense counseling? Do you have any guidance for this decision, or is it something new we are proposing? Well, Orlando has had a work-release center since 1975, and they've been in this building that we saw since 1982. Twenty years ago Don Frank (phonetic), a local attorney and retired judge from Minnesota told me about his work-release centers and his experience up there. The day I was elected I saw Sheriff Rogers, and I was all enthused, and I said to him, "What do you think of work-release centers?" I mean, "What do you think of work release?" And he said,"I don't like it." And my shoulders sagged, and I said "Why?" He said, "Because you let these people out of jail during the day, they come back, and you've got a security risk, you've got a contraband problem." And I appreciate what he said and probably never had more than one or two, maybe three people per year on work-release out of the jail. We are operating in a work-release function; always have been in a very limited degree. This weekend I was visited by a friend, a judge from Minnesota, who has work release right in his community. It's an abandoned or vacated mental health mental hospital facility that they took over. It's very minimally staffed and, of course, it's just the structure that was there without much security other than a fence, probably, around it. He recommended that approach. We recommend a modest building of conventional construction, a minimal supervision, relying on good screening for admission into the facility, and the fact that they are there on their best behavior or else they are across the street to the jail. Counseling and job placement services, not the minimal but sufficient to break the vicious cycle we find so many caught in. We know that cost is a concern, and well it should be. But we urge you to move ahead on this today because it deals with something that just won't go away. This is not being forced upon you by some State mandate, rather a combination of the weakness of human nature by the defendants and fear of never ending crime by your citizens, make this a necessity today. Your choice is to pay now and deal with recitatives -- I'm sorry, I added a note there -- or pay later with continuing and increasing crime and the increased costs of law enforcement and jail associated with it. Thank you. And if you have any questions, Ned Putzell and I are available to answer any of them, otherwise I'll turn it over to the staff. CHAIRPERSON MATTHEWS: Thank you. Staff, are we going to get some alternatives for costs? Is that what we're going to get here? MR. CONRECODE: For the record, Tom Conrecode for Capital Projects. Our office has looked at their project in two different perspectives. One is the permitting, because the proposal right now is to locate it on the existing campus here. We have land available for that, but because of our historic building here on this site, we are on a threshold of doing a development regional impact for the site. We are in discussions with the state agencies on that, the regional planning council, and are discussing the possibility of this being exempt from the process as if we're going forward with the process otherwise. Regardless of that, we need to consider it for future expansion, buildings on this campus. MR. CUYLER: Tom, could you pull the microphone a little closer; the court reporter is having a little problem. MR. CONRECODE: Sure. In addition to the DRI process, we have also looked at an alternative for costing this project at $8,000 per bed, which is the quote that came back from Orange County, would be roughly a million dollar facility. The facility that was proposed as a part of the group is approaching a three million dollar facility. There are some operating considerations that the Board and Sheriffs' office need to let us know about in order for us to consider, really, kind of a better estimate on what type of facility would be constructed; whether it's hardened; whether it has high electronic security; whether it just has physical security such as fence. So we need some guidance along those lines to define what it is that the Board and the Judiciary and the Sheriffs' Department would like to construct. But, roughly, a three million dollar facility for the 110 beds is currently contemplated. CHAIRPERSON MATTHEWS: Any questions? COHMISSIONER CONSTANTINE: I have -- CHAIRPERSON MATTHEWS: Commissioner Constantine. COHMISSIONER CONSTANTINE: Not a question; I have comments before we go too far with this discussion. The concept here is great, and I applaud Judge Brousseau and Mayor Putzell for the work they've done. I know they've put a lot of work in on this and travelled around and done a lot work. However -- and I heard the argument "pay now or pay later," but I'm concerned, I guess. Seven days ago our budget director stood in front of us and said without some very careful planning, without some belt-tightening, without some cuts we are going to need a 29 percent increase in taxes over the next three years just to maintain what we have. We are talking about 1.1 or a $3 million building; we're talking about 850,000 a year to operate -- and I realize some of that will be offset. But I -- I'm not sure I can support adding that in when we are going to have to find things to cut in the budget in the next couple of years. So it's a big, big chunk of money. I have spoken to the Sheriff about this, and while he likes the concept of the work-release center, he is not anxious to operate it himself. Maybe he's changed on that since three weeks ago. JUDGE BROUSSEAU: Yes. I spoke to Greg Smith the last part of last week, because I knew we were coming here, and he got back to me yesterday. He said the Sheriff is interested in running it. In answer to Mr. Conrecode's questions, they support the low maintenance and conventional construction on the building of it. COMMISSIONER CONSTANTINE: Thank you. He also mentioned, in the Sheriffs' opinion, this does not slow down the need for his jail expansion. CHAIRPERSON MATTHEWS: That doesn't make sense, though. COMMISSIONER MAC'KIE: This doesn't make sense. COMMISSIONER CONSTANTINE: That's what he told me. CHAIRPERSON MATTHEWS: That just doesn't make sense. JUDGE BROUSSEAU: Okay. I'm not here to sell this as an alternative to jail expansion. However, I am here to sell this as a concept to break the vicious cycle that I have seen over and over and over in criminal courts. And Greg Smith said the last time he was here, when he came forward from the Sheriffs' Department to support this, that he can see down the road less need for future expansion of the jail because we are going to be taking people out of the system. We saw one -- when we toured Orlando, and one of the teachers-- they have a great program that I want to talk to you about after we got down with this one that is all encompassing. CHAIRPERSON MATTHEWS: Do you realize we're running out of money? COMMISSIONER HANCOCK: We are out of money. JUDGE BROUSSEAU: Well, you run out of money and burglaries and everything that we've got in the community, and you know, I deal with it and you need to deal with it. But one of the things that we saw -- and this is just an example -- was one of the teachers that taught a computer course to these inmates. And he was telling about how one of his students of a couple of years ago really took to computer usage. The last month or the month before we were there he got a call from this student who wanted to hire him at a salary higher than he was getting paid as the teacher. He had gone out, been successful, got in with a computer system somewhere, and now needed employees. You won't see that person back in the criminal justice system. That way, I believe, it will impact the jail if not immediately. COMMISSIONER CONSTANTINE: I wish the Sheriff was here since we've both had conversations with him and heard different things. But what he told me was many of the people who would be eligible for this are not currently sitting in jail anyway; this would be an alternative thing. So it's not taking the people out of the jail that are there now and putting them in this. It would be organizing, for lack of a better phrase, a new program -- and perhaps a more effective program than what currently exists. I have a great deal of concern about where we're going to get the money; how we're going to get the money. I don't have any doubt that it's a wonderful program, I just don't know if we have the money for it. What concerns me -- last summer Ned and I sat down -- and with a slip of the tongue, it's funny how communication can get mixed up. At the time he said private funding for this, and I think what he -- I know now what he intended was private financing so we could have assistance financing it. But in the end, we still pay for it. It excited me at the time thinking private funding, thinking somebody from the private sector is going to fund the entire thing. Gosh, who wouldn't like that? CHAIRPERSON MATTHEWS: Sounds good. COMMISSIONER CONSTANTINE: So my enthusiastic response last summer comes from that misunderstanding on my part. Again, I don't have any doubt that it's an excellent concept. I have a great deal of doubt that we have the money to do it right now. CHAIRPERSON MATTHEWS: Commissioner Mac'Kie. COMMISSIONER MAC'KIE: I understand it and respect what Commissioner Constantine is saying, and he's been through the budgeting process and I haven't. But we have to be broader minded than it's a new million dollars; we can't spend it. We have to have a broader vision than that and find something else that we can save money on when an opportunity is presented to us that in the long run will not only save money, but most importantly -- we can sit up here every Tuesday and talk about quality of life and how many units we allow in a PUD, but nothing is more essential to quality of life than this issue. This is critical, and we have to have a broader vision than just it's a new million dollars. COMMISSIONER CONSTANTINE: Well, we're being told both sides of the argument because you said -- the example you made was burglaries. But my understanding is burglaries or violent offenders won't be the ones who are using this anyway. This is Joe's father who had a few too many pops and drove home drunk one night, and now rather than putting him in a jail cell the idea is have him in work-release programs. Those aren't the people who are a great danger; obviously they are if they're on the road. But they're not the same danger as the burglar, as the mugger, as the rapist and so on. CHAIRPERSON MATTHEWS: Commissioner Norris. COMMISSIONER NORRIS: I think last week was a wake-up call that we do need to be very cautious about what we're going to spend on, especially our ad valorem money. Mr. Dotrill, is there in your opinion any way to finance a facility like this without going to the ad valorem base to do it? Can you think of anything? Should we take some time and look at it? What's your first impression? MR. DORRILL: First impression is no, because ultimately it comes back to a general revenue. Can we do it other than property taxes, the answer is "yes," but you'd have to use whatever available sales tax or state revenues that you receive. They are also going to the general fund, too. So if you take that money out of the general fund, you're going to have to replace it. And typically that is going to be property taxes. COMMISSIONER NORRIS: Is there any opportunity that we're aware of at this minute for perhaps some sort of grant money for a program of this nature? Has this been explored? MR. DORRILL: That has not been fully explored. The only thing that would even be remotely eligible would be some type of demonstration project through the Department of Justice and a national clearinghouse and training facility that they have in Bolder, Colorado. But we have not researched that. COMMISSIONER NORRIS: I think this is a great idea. I really want to do this project. Unfortunately, we have to face reality at the same time. We may have to delay this project for a bit until, at least, we get a better idea of where we're going through the budget process. It would be nice to go ahead and do it. I'm afraid we're going to have to look at it a little harder than just to go ahead at this point in time though. CHAIRPERSON MATTHEWS: Commissioner Hancock. COHMISSIONER HANCOCK: These kinds of decisions are the toughest ones, because you sit here trying to balance the dollar versus crime recidivism and things that are good for the community. And it makes it, probably, one of the most difficult things we have to do. But I am inclined to agree with Commissioner Norris that although right now we don't see a light at the end of the tunnel when it comes to budgeting for the project, it's the right time for it to be planted in the back our of minds as we enter the budgeting process for the upcoming year. We are being very creative in some areas to find funds we otherwise couldn't find. Assistant County Manager, Bill Hatget, has done that. As much as I laud his efforts, I am already concerned that we've been overly creative in some areas, and that creativity is going to come back and bite us on the back side. So I'm a little concerned about going back into our budgetary process and reworking some numbers to make it appear as if we have money that we didn't know we had the day before. And that's the only way I see us funding this at this time. I would rather than make a decision to approve or deny this today, I would much rather see how the budget process for the upcoming year looks to find out what we can or can't do. Because I think just everyone on this Board wants this project to happen. But to proceed without identifying specific funding sources and also in knowing that we have a potential $7 million shortfall two years from now already, it wouldn't be prudent to do so. I wish I could give you a better answer than that, Judge Brousseau, because I really -- I don't think support is the right word. I would really like to see this get done. I, personally, in good conscience can't allocate the money when we're already sitting behind the eight ball for funding in the next two or three years. And I'm sorry, but that's where I am on this. CHAIRPERSON MATTHEWS: I have a question. And I guess that-- it's not really a question, it's a comment. And I don't think we yet know the answer to that. But it seems to me that I'm hearing the Republican Congress wanting to readdress the crime bill and change some of the parameters on it. Instead of telling us what we must spend that money on, they're talking about allowing us to decide whether we want to and how much we want to commit to law enforcement, to criminal justice, to prevention and so forth. And this may be where the money will come from in the end. We don't know that right now, and I would kind of like them to work through what they're doing and get us a little more flexibility with the money that will be coming down from Washington, should it ever get here. But I agree; I'm not sure this is a time to actually kill this project and not have it move forward. I would like to see it go forward. I'm not sure that criminal justice is the area we should be looking to cut our budget in, but I certainly would like to continue to look at the budget process and see if we can't find some money with the private financing available that we can fund it in smaller chunks over a four or five year period. Commissioner Mac'Kie. COHMISSIONER MAC'KIE: This is, I guess, for Mr. Dotrill. What would be the cost of getting this project into the -- even the, quote, unquote -- contract agencies we sent away before and said if you fit yourself into a departmental budget, come back and go through the process with us. What departmental budget would this program fit into, and is that an avenue that is available to us? So we can look at the big picture. MR. DORRILL: The first impression would be corrections, within the Sheriffs' budget. You might be reminded, again, as I've been focusing on general revenues for some time. I shared with you preliminary an evaluation that's being done in Lee County with the thought of either privatizing their corrections as a way of gaining or picking up some additional money and/or some type of regional jail expansion. Because Lee County is undertaking the same jail expansion analysis that we are preliminarily. Both Sheriffs are desirous of having a 300 bed plus expansion. I know the Sheriff has some response to what preliminarily we felt the costs of corrections to be, but I would have to say within the corrections budget. COMHISSIONER MAC'KIE: And this -- MR. DORRILL: And this -- in order to give you a complete response, the expansion of our jail facility currently anticipates general obligation, bond referendum where people would need to vote to raise their property taxes in return of expanding the jail project which is currently in the County's Growth Management Plan. COMHISSIONER MAC'KIE: Thank you. CHAIRPERSON MATTHEWS: Commissioner Hancock. COMHISSIONER HANCOCK: After making my summary statement, if you will, I looked again at the recommendations; and none of them say commit to build it. CHAIRPERSON MATTHEWS: Right. COMMISSIONER HANCOCK: The recommendation say, basically, take the next step and look further. The one I have a problem with is staff continuing to pursue permits. There is obviously a relative cost to that. This has all the questions that we asked. Directing staff to pursue available federal and state grants to supplement; direct staff to evaluate the operational considerations and make a recommendation. In other words, we're being asked to go to the next level of detail. I want to know -- like I said, I don't want this project to stop and die here today. I want to find out first of all if it is viable. And if we find out that physically it is not viable, then that's the time in which we have to make that decision. So I look at these recommendations, and with the exception of pursuing permits, which may have a very hard cost to it, I can support the other three for the simple reason it does give us those hard numbers we may need to say "yes" or "no." COMMISSIONER CONSTANTINE: One of the other recommendations is to develop and publish an RFQ or an RFP, and I'm not sure we are able to do that yet if we don't know that we're going to build it. CHAIRPERSON MATTHEWS: We've got to find the money. COMMISSIONER CONSTANTINE: That seems a little premature. I don't have any objection I guess to pursuing federal and state grants. If somebody wants to assist us in going this, I think all five of us have said we like the idea of the project but we don't have the money. I would just underline the word -- and this is a reality check -- is to supplement the building and operations. It's going to cost us some money regardless; nobody is going to build the thing for us. Commissioner Mac'Kie made the point that we should be able to find a million dollars or more elsewhere in the budget. Yeah, I hope we can. But until we do, I can't say yes on this. I agree with Commissioner Hancock, let's go ahead and pursue the other avenues. If there are other ways to help pay for this, we should know what they are. But I think it's premature to build it. I don't think anybody is saying kill it. COHMISSIONER NORRIS: I agree with you, and I think we all certainly want to see this thing go forward. So I'll make a motion that we approve the Staff Recommendations Number 3 and 4. COHMISSIONER HAC'KIE: Did you read those, John? COHMISSIONER NORRIS: Did I read it? Yes. "The BBC directs staff to evaluate within reasonable consideration and make a recommendation." And Number 4, "The BBC directs staff to pursue available federal and state grants to supplement the building and operation of the same." COHMISSIONER HANCOCK: Question on the motion. Would Number 1, by doing that, would it help us get a more finite cost? Because I think that's important, the start-up cost, and it may be a response to an RFQ that gives us a better idea. I know it's not an RFP, but I think we need that cost to be a little more finite if we are going to say "Nay" or "Yey." And I would like to know the best way to do that. CHAIRPERSON MATTHEWS: Why are we asking for an RFQ or RFP if we already know what we want to build? MR. DORRILL: Typically you can go to two proposals. The only time you want to go to an RFQ is if you want to prequalify the people that you'll take proposals from, i.e., their financial stability or their past experience. COHMISSIONER CONSTANTINE: Mr. Dorrill, how much staff time, and what does it equal in dollars, does it cost to put together and send out and look at the responses for an RFP? CHAIRPERSON MATTHEWS: RFQ? MR. DORRILL: $1,000. There's mailing and advertising. COHMISSIONER CONSTANTINE: How much does it cost of our staff's time? I think every time we want to do an RFP we are told it's going to take thirty days to put it together and -- before we can send it out, I'm assuming somebody has put together -- MR. DORRILL: By the time you go through the evaluation process, you know, there's always a staff committee and an evaluation of the proposals that are received. So I'll say it could be $5,000 or more. COHMISSIONER CONSTANTINE: This seems premature to me. We don't know what we want to do, but could we get some balipark figures? It seems premature to me. It seems we're rolling the train out of the station before we know if everybody is on board. COHMISSIONER NORRIS: But I think we can get the cost analysis close enough. The staff has had plenty of experience in building buildings. And the market values are certainly out there to pick from, depending on what type of building we want. I think the suggestion has been made by the presenters here to go with some sort of metal building for economy sake. And I'm sure Mr. Conrecode can come up with a pretty close estimate of what that's going to cost. And that certainly would be close enough for our discussion purposes. COHMISSIONER CONSTANTINE: I second the motion as it stands on the floor. COHMISSIONER HANCOCK: I was going to ask if you would amend to include the information by staff regarding construction costs. COHMISSIONER NORRIS: It's my understanding that that would be done as part of the evaluation in Number 3 Recommendation. COHMISSIONER HANCOCK: Okay, as long as that's understood, because I do want a more finite number on the costs. CHAIRPERSON MATTHEWS: I have one question before I call the vote on the motion. Mr. Dotrill, when do you anticipate having your first CIP budget available? MR. DORRILL: The end of Hay. CHAIRPERSON MATTHEWS: End of Hay? MR. DORRILL: Yes. CHAIRPERSON MATTHEWS: That far ahead? Okay. We have a motion and second -- Commissioner Hac'Kie. COHMISSIONER MAC'KIE: Judge Brousseau, is it a worthwhile effort you need to coordinate this through the corrections department and budget? It seems like it would gain some validity in front of this Board if it is the Correction Department saying this is going to save you money. With all due respect to your honor, it would go through the normal budgeting process that way and might have more Success. JUDGE BROUSSEAU: I'm not here -- first of all let me say, I'm as conservative, I think, as anyone on this Board, okay. I won't go into my political history, but I think I am as conservative. And I appreciate, I really appreciate the way you are approaching this. And what I've heard here today is fine, but I think it was -- I can't remember if it was Commissioner Hancock or Mac'Kie who said, you know, you've got to bite the bullet sometime and you can't weigh certain things. And I just want -- you know, you're putting this on the back burner. And I'm glad what you're doing, what you're going forward with today. But you're going to have to come back here in a short time and make a decision. I just want to tell you I've been living with this since 1988; it went on the back burner because this whole country went into recession. And I appreciated the financial strain that was put on government. What really brought it back on the front burner was a bus load of kids up the way and a few deaths from a drunk driver and a Reverend Mallory (phonetic) who came and said what can we do to get these people off the street; and what can we do to fix this problem? I just want to give you two examples of who this center is anticipated to serve. One is DUI. I don't do much DUI. Unfortunately by the time I do them, they've killed somebody. But the County Judges handle DUI's. And I know how much I struggle when I have someone in front of me as to whether I'm going to put them in jail, as I want to do, get them off the street, versus ruin their family; ruin their income and all the domino effect that comes from that. They lose their job if you put them in long enough; you've got all these things as a judge you have to weigh. Too many times I'm afraid we end up putting them on probation, not in jail, and try to get by that way. Unfortunately they show up again. I just heard this morning on the news someone who's prominent got rearrested on possession of cocaine just last night or in recent history. It happens; it's a recycle thing. So who would go into this thing? A lot of people right now that are going out on probation. Because I can look someone in the face and say, "You know, Iwm going to put you in here for the next sixty days, and I don't have to worry about you losing your job; I don't have to worry about your family losing support; I don't have to worry about the victim getting their restitution paid, because I know you can keep doing it because you're going to have a job, but I'm going to have you at night." And let me tell you most people get in trouble in their off hours, not while they're working. And at night we are going to try and, quote, fix you. That's one element. Another example is domestic violence, which is right at the forefront. I see women are primarily the victims. I see women come in -- they're arrested Saturday night, and by the time I get to the jail on Sunday -- a judge has to check everyone in, you know -- when I see them, she's out front saying, "I want him out; I want him home. Please, drop the charges." I am convinced that one of the reasons, again, is this domino effect. They realize they're going to lose support; they're going to lose all these things; and they don't really want them to go to jail. When they do come in front of me they say, "I don't want him to go to jail, Judge, I just want him to stop hurting me." I believe, and the State Attorney will tell you, there's a lot of women who drop the charges and won't pursue it. I firmly believe in my heart that when they know this is an alternative, not jail, that they will be more inclined to stick to it and help us who are trying to protect them. Those are just two examples. You've got to make the decision on money, I understand that. I hope you can find some to save. Remember that we are looking for a five-year plan; that you pay interim along the way. We're not looking -- and I applaud you for looking at the costs, because if it costs a million dollars versus three million that, certainly in my mind, would be a totally different perspective. COMMISSIONER CONSTANTINE: I have two comments. One, I certainly didn't make light of DUI when I made that comment. I was trying to offset -- you had mentioned burglary, and I think that's what we were targeting here. JUDGE BROUSSEAU: Let me address that real quick. Burglary-- my intent was to say that if we could get them quickly enough and off of crack, they're not going to be out burglarizing. COMMISSIONER CONSTANTINE: And the other thing, I think your explanation is well taken. And I don't think -- I think we should inquire here as far as does this hold some potential? Yeah. I think all five of us have said, "Yes, it does." It was just a question of what you said, is it a million? Is it three million? And where do we get that money? JUDGE BROUSSEAU: Thank you for your interest and support. CHAIRPERSON MATTHEWS: Okay. We have a motion and a second. If there's no further discussion, I'll call the question. All those in favor of the motion say "Aye." (The Commissioners all responded simultaneously. CHAIRPERSON MATTHEWS: Opposed. (No response.) CHAIRPERSON MATTHEWS: There being none, the motion passes five/zero. Let's take lunch. Be back at a quarter after one. (A lunch break was held.) Item #SH1 STAFF REPORT ON FEASIBILITY OF PERCOLATION PONDS FOR EFFLUENT DISPOSAL AND RECOMHENDED ACTION TO PROCEED WITH AN IMHEDIATE INCREASE IN EFFLUENTDISPOSAL CAPACITY BY CONVERTING THE LAKEWOOD RESIDENTIAL IRRIGATION SYSTEM TO RECLAIMED WATER REUSE - STAFF TO AGGRESSIVELY PURSUE REUSE SYSTEM; CONTINUE TO NEGOTIATE W/HUBSCHMAN'S AND COME BACK IN TWO WEEKS; ALSO USE OF DEEP WELLS CHAIRPERSON MATTHEWS: Let's reconvene the board of county commission meeting for February 14. Are you okay? COHMISSIONER CONSTANTINE: Yeah, I'm fine. Just had to get that out of the way before the mike came on. CHAIRPERSON MATTHEWS: Glad -- glad to hear that. Next item on the agenda -- we're still working in the morning agenda -- item 8-H-l, staff report on the feasibility of percolation ponds. Mr. HcNees. MR. HCNEES: Hello again. Good afternoon, Commissioners. We're back this afternoon with one of, I'm sure, your favorite items which is effluent disposal options at our south county regional waste water treatment facility. Hopefully this won't be a continuing saga, that we can get some direction and begin to move forward today. The first thing I'd like to do is orient you as to where we were when we last spoke on this issue, at least as staff understands it, and explain to you essentially what the decisions are to be made today and tell you a little bit about what's happening and what we know. And then I'm going to turn the floor over to Mr. Conrecode from the capital projects office who's going to walk through the specifics of some investigation that we've done, and we're eventually going to get to some specific recommendations. When we last spoke on this issue, the board had identified and staff continues to take it as our number one priority to maximize the tense of this effluent water for irrigation purposes everywhere where it's cost effective and where it makes sense. And I'd like to preface the discussion today with the clear understanding for all of you that what we're talking about today is how we're going to dispose of effluent that we are unable to tense. And at every step at every turn our first choice, our first option, and our first research effort will be to maximize tense whenever possible. You have made that message very clear. In fact, we're going to talk to you today about something we've already come up with. It has a slight change in what has been your policy to take us in that direction. So I want to make sure that that's understood, that the options we're talking about today are options for the water that we are not yet or have not yet been able to find a way to tense. And we -- we don't represent that we will ever be able to consistently day to day tense 100 percent of our effluent. That's just not realistic, so we need to have these back-up options. When we last spoke, again, you had expressed as a loose consensus, I'll call it, a preference for percolation ponds over what had originally been the staff proposal which was the concept of a deep injection well that would allow us that back-up disposal capacity. When we asked you about could we as we analyze the percolation pond issue into more detail keep the issue of an injection well alive and perhaps continue the permitting, what we understood you to say was, you can keep it on the table maybe barely breathing or gasping somewhat but at least on the table and that we were to proceed no further with any expenditure towards further permitting of that option. And what you asked us then was to develop some more site-specific costs of what we had very roughly estimated for percolation pond costs and to come back to you so that you could review that site-specific information and better refined numbers for the percolation pond option and weigh that more carefully against the other alternative which is the only two that we have left at this point which is the injection well. And what we're here today is to present you with that analysis and let you make the decision then of what you believe to be the best alternative in terms of your concerns about the well and the cost effectiveness of all the options. And that's what we're here to present to you today. A couple of things I would like to point out before we begin, one, representatives of the Department of Environmental Protection are here today. As you all know, they are quite concerned that we begin to move forward because we are straining the seams of our effluent system throughout the county. And they have worked with us diligently and bent with us I think as much as they can. And they're here today kind of in -- I think for two reasons. I won't speak for them. But one is they have a great interest in what this board decides and which direction we're going to proceed, and I think they're as much interested that we do proceed in some direction; and secondly, as an informational source in terms of permitability, feasibility, and their opinions perhaps if you want to hear them on what the various options are. The last thing I'll throw at you, before we finish today, we're going to talk to you about the concept of one individual reuse customer, that being the Lakewood subdivision, that staff has entered into negotiations with. In fact, their board has formally approved at least the negotiation, and we would like for you to do the same thing today. That would be the negotiation that we look at converting what is a lake-fed subdivision-wide irrigation system, pay for some pumping improvements, and convert that to a reuse system. Now, in the past, the county has not funded on-site or what you might call private pump system improvements to provide irrigation. And we're asking you to reconsider that policy today in light of the cost of effluent disposal and the economics. It makes more sense for us if we can pick up a good reuse customer. And we'll present some more detail on that for you today. So ultimately I'll be back up here to try to focus some of the decisions. But the big picture decision today is do percolation ponds in your opinion represent the best overall solution for our back-up disposal needs as you've expressed preliminarily that you believe that they do. And we're going to bring you the numbers. Or then alternatively, do you still feel like or do you feel like there is any validity to our proceeding with an injection well as -- as had originally been planned in part of this facility. So that's the decision today, and I'll turn the floor over to Mr. Conrecode who's going to present you the site study. MR. CONRECODE: For the record, Tom Conrecode from your capital projects office. When the board last heard this item on January 3, they directed staff to do an analysis and consider percolation ponds as the alternative for effluent. You've heard all that already from Hike. Staff has done that in conjunction with Hole, Hontes who is our consultant on the south plant expansion project. And there's representatives of Hole, Hontes here today to address some of the more technical issues of permitting-related issues associated with this. Staff had identified a total of 15 sites, and you all have received a handout which provides the detail that -- just to provide some sort of a confirmation to the board that we really did do the homework on this, reviewed the sites, looked at some of the specific siting criteria that we'd have to go through, looked at the permitting conditions, and so on and so forth. And a lot of that level of detail is provided in the handout that you've all been given outside of the agenda packet. From that, the site selection screening criteria was used. The best estimates of land value and improvement costs associated with each of the different sites was considered. And staff had completed basically an economic evaluation to come up with what the best possible options are. Now, I'll tell you right now that at this stage of the game, our numbers aren't in concrete. But we think that they're good and reasonable numbers. And you'll see some variations in site development costs between the thousand-acre site and a hundred-acre site. Obviously we think there's some economy of scale associated with that. We think our piping numbers are pretty reasonable and well-considered numbers. There are some easement acquisition issues that aren't addressed because we're not going to go into that process until which time we've identified sites and can provide the board with the appropriate level of analysis that's required for that. So in that regard, I will tell you that we have considered 15 sites. From the discussion earlier this morning, we've added a sixteenth site that we've kind of penciled in on our diagram that came out in the discussion this morning. Our site analysis isn't exhaustive. We haven't considered every possible option out there but the ones that we thought provided the board with some -- some reasonable considerations. So with that, I'm going to turn the floor over to Ron Benson to talk about some of the technical issues associated with this and then come back and summarize with Hike and try and steer you into refining some of the options that are open to you right now. Ron? MR. BENSON: Thank you. For the record, I'm Ron Benson with Hole, Hontes, and Associates. In your handout package behind the first blue page, there is a diagram showing a typical section through a percolation pond. We've talked with the fellows from DEP in the past. We know what the regulations are regarding percolation ponds and have developed this exhibit to give you an idea of what we're talking about as far as requiring modification of existing property to make it suitable for a perc. pond. You'll notice what we're -- have identified as a current high water table -- MR. DORRILL: Ron, you're going to need to use the handheld mike if you turn away from the podium. MR. BENSON: Is this -- okay. We've identified the current high water table because that's a concern of DEP. The regulations for percolation ponds require that the bottom of the pond -- there be a three-foot separation between the high water table. In order to accomplish that on the properties that wewre investigating, wewre assuming that between one and a half and two feet of clean fill would be required to bring that bottom elevation of the pond up. The type of construction depends on what the existing use is. Is it a farm field thatws already been cleared or wooded? But it would be requiring either way a cleared site before you start construction. Then there would be construction of berms to hold the water in. The state requires a three-foot separation from the top of the berm and the high water inside the percolation pond. So those are some of the criteria. We use those then to come up with a estimate of how much it would cost per acre to construct percolation ponds of various sizes. And that leads me into the next page after your next blue sheet which lists the criteria that we use. We did receive some information from the Hubschmans. There was information provided by Law Engineering and by Grady Minor and Associates regarding their property that they had available, what would be an expected percolation rate. We utilized that for all the sites because at this point we do not have any specific -- site-specific data. In doing this, wewve used a hundred acres per million gallons per day of total site, of total usable site, because we didnwt consider if there -- if there was wetlands on the site that the mitigation for that is hard to predict up front and may likely be much more than the cost of just finding some more uplands land. So we excluded land that we thought would be difficult to permit and only used that we thought was suitable. You can see here that we have the information that we assumed for doing our analysis including your real property management office coming up with a market value for the property, not the assessed value. They came up with a market value. That was utilized. The next page is a summary of all the sites on your map ranked from lowest cost per million gallons per day. Sites 12 and 13 are the lowest cost, and thatws because theywre sites that have a reasonably low price per acre, but yet theywre land thatws already cleared. Itws in agricultural use. Land that was a higher price per acre closer into the developed area obviously would have a higher price but yet lower cost for construction of the pipelines. So therews a real quick range between 2.8 million dollars per million gallons per day and some sites in excess of 10 million dollars per MGD. The following pages Iwm not going to go over here but to let you know that theywre just some of the back-up information on the analysis of the sites. If therews any questions about what we did in this quick analysis of the sites, Iwd be glad to answer those at this point. CHAIRPERSON MATTHEWS: Thank you. Commissioner Hancock. COMMISSIONER HANCOCK: Just real briefly, the maximum MGD wewre looking at for disposal currently is --MR. BENSON: Okay. Currently you have an eight million-gallon-per-day facility. Some of that is currently in reuse. COMMISSIONER HANCOCK: Right. The minimum reuse versus maximum output, what's the difference? What are we talking about? MR. BENSON: Okay. The maximum difference between -- would be probably eight million permitted treatment capacity and somewhere approximately two million gallons per day of reuse. COMMISSIONER HANCOCK: Okay. So in the wet season when we have a lot of rain, less effluent is being used, we're still generating -- we're talking about a six-million-dollar spread -- or six million-gallon-a-day spread. Is that accurate? MR. BENSON: That's pretty close. COMHISSIONER HANCOCK: Okay. So anything under six million gallons a day probably doesn't merit a tremendous amount of consideration unless we look at it in conjunction with the existing sites? MR. BENSON: Or combinations of these sites. COMHISSIONER HANCOCK: Okay. MR. BENSON: And that's why you've noticed some of these are com -- combinations of multiple sites. They're kind of close enough together that the piping costs would be shared. COMHISSIONER HANCOCK: Okay. That's all I had for now. CHAIRPERSON MATTHEWS: Any other questions? Apparently not. MR. CONRECODE: Commissioners, from that, staff went ahead and went with the lowest cost option for percolation and came up with the value to implement the program to get rid of in this particular case, including the combined sites of 12 and 13, eleven and a half MGD. Quickly note that that's beyond what your requirement is for today's lows. But if you're going to look at this as a long-term strategy, you may want to consider the entire operation in the event that you're going to do future expansion at that south plant. In any event, the costs that we arrived at using the criteria that Ron has just gone through came up to 2.8 million dollars per million gallons per day. The other options that we had considered range through -- the Hubschman properties that we've currently been in discussion with as part of settlement talks with the Hubschmans as well as the highest priced site which was considered site 4 at 15.6 million gallons -- 15.6 million dollars. CHAIRPERSON MATTHEWS: Mr. Conrecode, can you talk a little bit louder? MR. CONRECODE: Sure. I'm sorry. And then finally that staff, again, just reincluded the numbers, the estimated costs, for the two deep injection wells. From there and on page 2 of your executive summary, we've outlined the fiscal impacts associated with the board pursuing any one of three alternatives. Option number one is -- is strictly percolation pond alternative. Option number two that we've laid out includes a combination of perc. ponds and deep -- one deep well. And then option number three includes a two deep well proposal and the costs associated with each of those. Subject to any further questions of the board, I'll turn back over to Mike McNees so he can summarize up kind of the issues and what direction he'd like the board to give. CHAIRPERSON MATTHEWS: Commissioner Hancock. COMMISSIONER HANCOCK: For clarity's sake, sites 12 and 13, are those the Hubschman properties? MR. CONRECODE: No, sir. COMHISSIONER HANCOCK: Okay. That's -- that's what I thought. And yet when we look at the cost, we have a paragraph or a parentheses that says including Hubschman property with park. If we're looking at required funding based on the recommendation of sites 12 and 13, what does the statement regarding the Hubschman property have to do with that? I'm a little confused there, Tom. MR. CONRECODE: Well, the board has been involved with a lawsuit with the Hubschmans. And as a part of the process and in settlement discussions with the Hubschmans, we felt that it would be fair to consider that site in addition to just randomly going through and picking any other sites. We listed the lowest, the highest, and the Hubschman site in the event the board wanted to consider that site any further. And I think you're going to hear from representatives of the Hubschmans today anyway with regard to their site. COMHISSIONER HANCOCK: Okay. CHAIRPERSON MATTHEWS: Any other questions? Mr. McNees? MR. MCNEES: I think it would probably be appropriate to hear from the -- the Hubschman representatives at this point because they're going to, as I understand from my discussion with them just this morning, throw an option at the board that's not exactly one that we have considered. And they have something to add about the terms under which they're considering our property. And I'll clarify. The difference between the two numbers here of the required funding that you asked about including the Hubschman property is if we do buy that property, it's obviously not enough disposal capacity, so we'd also then have to buy pieces of 12 and 13. So to do that as well is the extra cost. And the question becomes is the settlement of those issues and gaining a park in East Naples at that site worth that differential? So that's why we've shown you those -- those two costs. I think probably it would be appropriate to hear from those folks at this point if the board so chooses. And then we'll -- once they've made their presentation, we'll lead you through or hear your discussion on our alternatives and how you want us to proceed. CHAIRPERSON MATTHEWS: Okay. Is the representative from the Hubschmans here? MR. DORRILL: Mr. Siesky's here or Mr. Hubschman maybe, depending on who speaks next. MR. HUBSCHMAN: My name is Harrison Hubschman, and I've been before all of you before. I went over this little di -- little option page that I worked out with Grady Minor yesterday, with Carl Boyer, and we made a few corrections. Obviously the first two options do not include a park; okay? And neither does the option on the next page, option number 3. The other correction I want to make is that at the bottom of page 2, paragraph says the F -- the Florida Department of Environmental Protection will require 10-day storage capacity if you have reuse as your primary method of disposal. That's -- according to him, that's incorrect. It's only three days. I got that number from Grady, so I'm not sure which is actually correct. It's not really important; okay? Whatever's correct is correct; okay? The first two options -- and I'm going to jump right to the heart of the matter here. We live in an area where rainfall is -- is almost like a daily occurrence, okay, especially in the summer. There's no way that you can go to a total reuse plan and -- and end up disposing of your water unless you want to pay outrageous amounts to do it. To spend eight million dollars to run a pipe first out seven and a half miles out to the site 12 and 13, it's my opinion you'll never recover that money. That's money down the drain. And the sites themselves, if you pump the water out there, you will not tense it. It's too far away. You'll never spray irrigated on the golf courses around East Naples. It will never come back. If you're going to do that, if you're going to spend eight million to get it there and another ten million or so to buy that property -- I'm not sure what the numbers are because I don't have it in front of me -- you may as well go to deep well. If you're going to just get rid of it, get rid of it cheap. If you finish reading this, you'll see that my opinion is the deep well is probably safer than -- than dumping it out there anyway. If you dump it out there, it could come back to haunt you in the aquifers that we drink from. The aquifers that you're going to put in -- that you're going to put into deep well are two twenty-eight, three thousand feet down. They will travel, you know, a lot further away from us than it would if you were to put it on 12 and 13, sites 12 and 13. It's -- you know, and I've talked to Grady, and I've talked to Hike HcNees, and Hike and I are in agreement that what really makes sense here is that you go to a combination of tense and deep well, that you go to a storage that you use -- and we've worked it out where our property works into this pretty well. If you use our total property for storage and only put five feet of water on the property, you will end up with a hundred and twenty-two million gallons of storage. That doesn't mean you can put a hundred and twenty-two million gallons on there a day. It just means that you can put a hundred and twenty-two million gallons on it. You don't have to line it. You don't have to build it up three feet like a perc. pond. And the cost of that is less than if you built perc. ponds. The benefit of it is is that when it rains, you put water in this storage facility, this land. And then when it's not raining, you can spray irrigated again. You can use it up, use it back up. The other benefit is you will get some percolation from that hundred and -- from that hundred-acre site. It's not just going to sit there in a -- in a tub waiting to be used. If you run into a problem where you fill that storage up, well, then -- and it's still raining out, you're going to have to go to the deep well as a back-up to pump down the deep well. Now, right now you've only got two million gallons of tense in effect that you can use right now today. The Lakewood system would give you another million gallons, so that's three. You need eight now to make this plant operational at eight million gallons. In order to do that, you have to put in a deep well. You have to cite the deep well as your primary source of effluent disposal. And you have to put in the second deep well as a back-up. Although you're not going to use the deep well as your primary source, you're going to use the -- you're going to use tense as your primary source when it's not raining, when it's available to be used. And it's going to have to be a flexible -- a flexible program like that. There's not enough high land in Naples to get rid of the kind of water that you're going to produce. And this plan, option number 3, if you put in two deep wells now, you want to expand this plant to 16 million dollars -- 16 million gallons somewhere down the line. This will get you there. You gotta put in some more deep wells. And over the next 10 years when you get to that 16 million or 20 years, whenever -- whenever it happens to be that you get there, you have to hook up these other golf courses. You have to build that reuse up over the next 10 to 20 years so that it matches what you can do with the deep well. And the deep well's always there for when it rains and when the storms come and when the hurricanes comes through. When a hurricane comes through, you're looking at, you know, probably ten days that you can't spray irrigate at least. Our property will get you that storage so you don't have to pump it seven miles out and spend eight million dollars to get it -- eight million dollars just to get it there. It's my opinion you just don't have a choice about this. Deep well is -- is -- is probably the only economical way to go unless you want to spend some really crazy amounts of money on land and pipes and then not reuse the resource. And if you don't reuse the resource, desalinization will be the next type of pot -- potable water system that we're going to go to because the golf courses and everybody else pumping out of the ground will eventually create salt water intrusion. And I've -- I've drilled oil wells in Oklahoma; okay? When you drill a well and you're pumping oil out, you pump it too fast, you pull water from below. Once you pull that water, it creates a channel. Once it creates a channel, you will never get rid of it. You create a salt water intrusion channel in a well, and you can abandon that well and move somewhere else. And wells cost a lot to drill. CHAIRPERSON MATTHEWS: They do. Commissioner Hancock, you have a question? COMMISSIONER HANCOCK: Yes, a couple of things. One of the points that you talked about is -- is using your property for just storage. My understanding is one of the functions of perc. ponds is that they have to be rotated so that they can be cleaned and scrubbed. If there is a mishap where things get into a perc. pond that shouldn't be there, they have to be allowed to dry out, if you will, so that area can be worked. So the property -- that's the reason property has to be raised with clean fill so it will percolate. It has to be designed to percolate. If it's just flat out storage and it gets contaminated, we then have to pump it and go back and clean it, and that's an expensive process I don't think we want to undertake. So the idea of perc. ponds is more than just storage. It's a rotating system that allows us to give a check and balance to potential contamination and a way to clean it. So there's a very -- there's a big difference there between storage and percolation, and I believe our experts would say that storage is not the answer. MR. HUBSCHMAN: No, it's part of the answer. It's -- that's my opinion. COMMISSIONER HANCOCK: It may very well be. The second part of that is -- and something that I just want to point out that we've kind of lost sight of is we definitely have said we don't like the idea of deep well injection. I do want to point out that this effluent is for -- I wouldn't recommend it, but it's nearly drinkable. I mean, this is not a water that is -- is toxic, you know. Okay, Mr. Hubschman, you can disagree. But I imagine there are some people in the field that -- that would disagree with you, sir. There are limits on effluent. That's why it can be used for median irrigation. That's why it can be used for -- in some areas they're experimenting with crop irrigation. If it's toxic, I don't think that would be happening. So I just want to put into perspective we're not dealing with nuclear waste here, so let's -- let's be a little reasonable in how that's applied. CHAIRPERSON MATTHEWS: COMHISSIONER NORRIS: McNees. CHAIRPERSON MATTHEWS: COMHISSIONER NORRIS: Any other questions? Yes, I have a question for Mr. Commissioner Norris. Mr. HcNees, how will this affect the rate base? Let's say a proposal here for under 10 million dollars compared to a proposal of 28, how will that affect the rate base? MR. HCNEES: I haven't done a specific analysis of debt coverage and -- and how that would affect rates, but roughly we have -- seven million dollars is -- I think we definitely -- even if debt were necessary which to fund a seven million dollar project, we might not need debt in the first place. Our sewer capital reserves are pretty healthy. A good part of that is probably impact fees, so it may not all be available for this type of a project. But impact on rates even if some debt were required is probably non-existent. We could probably have the capacity under our existing rate structure to -- to fund that size of debt. When we get up to a 20 -- 20 to 25 million dollar issue or a debt requirement, there would probably be some minimal rate impact. But given the size of our rate base today and the size of that debt service, it would not be huge. It wouldn't -- it would be a relatively small percentage, but I can't give you an exact number. We haven't gone through that in that depth with the analysis. COHMISSIONER NORRIS: Okay. Thank you. CHAIRPERSON MATTHEWS: I have a question. Sites 12 and 13 which seem to be the optimum sites at this point, that -- they're in the middle of the Belle Heade ag. area, aren't they, or very close to it? MR. CONRECODE: Yes, they're very close to it. They're -- it's -- the site's known as Six L Farms. I think that's the one that we'll bring -- CHAIRPERSON MATTHEWS: Is there -- is there any opportunity of talking with the -- with the owners of various farms there about tense of this product if we do pipe it out that far? MR. CONRECODE: I think the opportunity exists, yes. CHAIRPERSON MATTHEWS: Well, I mean -- MR. CONRECODE: But we haven't specifically talked. CHAIRPERSON MATTHEWS: We haven't done that yet. MR. CONRECODE: No. CHAIRPERSON MATTHEWS: So if -- if that were possible and the -- I mean, the -- the various farms down there -- Six L Farms is there; Gargulio is there, Thomas. There's any number of farms down there that -- I mean, I don't know how much water they use a day, but I'm sure they use quite a bit of it. Even in the rainy season they're having to control the amount of water that they need. Some days they get more than they want, but other days they don't. I -- I guess 12 and 13 is not all that unappealing to me considering that the ag. area's there. COMMISSIONER HANCOCK: That's assuming we can use it for spray irrigation on food crops. I -- I don't know an answer to that. MR. CONRECODE: Right. I'm not that certain about how a lot of the -- the irrigation works for -- for farming in that part of the county, but I know -- CHAIRPERSON MATTHEWS: Some of it's drip. MR. CONRECODE: -- out towards Immokalee it's done off of water table level -- CHAIRPERSON MATTHEWS: Yeah. MR. CONRECODE: -- adjustments, not as spray irrigation, so I think there may be some options. And we'd probably have to pursue what that is. To this point the board policy hasn't been to run pipes to -- to do that use. MR. MCNEES: Let me provide a couple pieces of information, and there are certainly more experts in the room that know more about this than I do. We may want to call on a couple of them. But for one, certain food crops don't -- we're not able to do direct application of this product. And for those crops that use underground or whatever it's called, drip irrigation, or that type of system, they're relatively low-volume consumers. Now, if we were to put in the main to take this water that far out, we would then absolutely look for every person in the neighborhood who could take the water. That would be good, and that would allow us as a conservation measure to use more water. There's no capital cost avoidance because if we hadn't built a line to get out there, we can't do that and use them as a reuse customer. So yes, that would be a fringe benefit, so to speak, of the ponds. It's really not going to save us any money. CHAIRPERSON MATTHEWS: Commissioner Hancock. COHMISSIONER HANCOCK: Hike, would we be able to use the water on its way out to the perc. ponds, or does it have to meet its storage requirement out there before it can be used? MR. HCNEES: We would find every thirsty blade of grass between here and there that -- a golf course or -- or -- COHMISSIONER HANCOCK: A new Collier County green way; right? MR. HCNEES: -- a large sized customer that wanted the water, that then it would be cost effective, absolutely. And perhaps there would be some -- I know what's between here and there, and there aren't a lot of country clubs out in that Sable Palm Road neighborhood and in that south blocks area. So yes, we could probably eliminate maybe a piece of the perc. pond size or something. But I don't think we're going to materially affect our capital costs at this point. COHMISSIONER HANCOCK: The question wasn't directed to that but merely a functional question of can we use it right off the line for irrigation on the way out, or does it have to go to the perc. ponds and sit for a period of time -- MR. HCNEES: We certainly could. COHMISSIONER HANCOCK: Okay. CHAIRPERSON MATTHEWS: Commissioner Norris? COHMISSIONER NORRIS: Mr. HcNees, I -- I'm assuming that that -- that rectangle that you've penciled in there is the Oberlin College property? MR. HCNEES: Yes. CHAIRPERSON MATTHEWS: Be careful not to count it twice. COHMISSIONER NORRIS: We -- we have not yet, I assume, also looked into whether that's suitable property for a perc. pond. MR. HCNEES: We did not study that site. COHMISSIONER NORRIS: You did not. MR. HCNEES: No. COHMISSIONER NORRIS: Is it your opinion that it would be just as suitable as any other place out there than 12 and 137 MR. HCNEES: I would expect. COHMISSIONER NORRIS: You would expect it to be? MR. HCNEES: We -- the same assumptions have been applied cost-wise to all the sites, and so there would be no reason to say that -- that one would be different. COHMISSIONER NORRIS: Would it be more cost effective for the county, do you think, if we purchased that property to also -- if we were going to purchase that property for use as a landfill, wouldn't it be cost effective then to go ahead and put our perc. ponds on that property? MR. HCNEES: Well, assuming there was enough land for both -- COHMISSIONER NORRIS: Two square miles I think ought to do it. MR. HCNEES: -- and that you're going to buy all of the two square miles anyway, from an overall standpoint perhaps to the solid waste fund there's a benefit of having utilities pay for a piece of the two square miles so that we use it instead of having it sit vacant or as -- as buffer or whatever, absolutely. To the utilities customer that's transparent because he's going to have to buy the same amount of land either way. So I guess from a big picture perspective, yeah, there's benefit to solid waste. From the utilities side it's -- it's -- it's a wash. COHMISSIONER NORRIS: Well, without separating it into the different funds, so overall -- MR. HCNEES: Absolutely. COHMISSIONER NORRIS: -- you'd only be buying one tract of land rather than two. MR. HCNEES: That's correct. CHAIRPERSON MATTHEWS: Any other questions? MR. HCNEES: I'm told we can't use the site for both. I'll let -- CHAIRPERSON MATTHEWS: Yeah. MR. CONRECODE: If -- if you use the site for a landfill, you obviously can't put perc. ponds on it. Likewise you can't -- COHMISSIONER HANCOCK: I think next to each other, not on top of each other. COHMISSIONER MAC'KIE: Side by side. I mean, if there's enough land to put both uses separately if the proximity's not a problem, it's just a question of is there enough land for both. I'm asking. MR. CONRECODE: Yeah, I don't think that that's a concern. COMMISSIONER MAC'KIE: Okay. MR. CONRECODE: I misunderstood. COMHISSIONER HANCOCK: Although at 108 feet we'd have a heck of a lot of percolation there. CHAIRPERSON MATTHEWS: Mr. McNees, I have a -- a question. On this map we were handed, I see the -- the south county waste water treatment plant is a round dot, the black -- black dot I presume. Right. And I note that southeast of that dot is the Lely development. MR. HCNEES: That's correct. CHAIRPERSON MATTHEWS: Have -- have we had any conversation with the developer there about as he builds that out and puts the -- puts the infrastructure in of a tense for their irrigation? MR. HCNEES: We have had extensive conversations with them. In fact, they are already under agreement with us to take effluent at the courses out there and for their irrigation system. CHAIRPERSON MATTHEWS: Well, I wasn't thinking about just the golf courses. I was thinking about -- I mean, they -- they probably will have a -- a master irrigation system for the homes. MR. HCNEES: And that -- CHAIRPERSON MATTHEWS: And rather than draw from the lakes, why not -- MR. HCNEES: For their common areas they do have and we will be providing that water. And one of the things, in fact, given your previous direction is they're running a little behind in terms of connecting some of the customers they already have to the tense system. And there's a cost to them for that. We'll be meeting with them this week to suggest that perhaps if the county would advance them the cost which is the -- the hold-up for them, not give but advance as a loan, the cost to do those improvements, could we go ahead and get them effluent today? And then when they -- when it would come along in their schedule, then they can pay us for that. And so yes, absolutely, that's a real good tense customer, one we're counting on. CHAIRPERSON MATTHEWS: Is there any -- is there any estimate at this point -- I know that Lely development -- Lely Resort is probably a project that will build out over 10 or 15 years. But is there any estimate as to what the tense gallons would be? MR. HCNEES: Mr. Clemons tells me at build-out we're talking about four million gallons per day, and that build-out is somewhat more delayed today than we would have predicted it to have been a couple years ago. And I need to reemphasize here that again what we're talking about is what are we going to do with this water when the tense customers aren't using. And absolutely they're going to be a good one, and we're -- we're all over them as far as can we get them hooked up more quickly. CHAIRPERSON MATTHEWS: The only thing I can say to that is that my personal irrigation system at my home runs off of a lake, and it runs rain or shine so -- MR. HCNEES: That's -- that's why we like the folks at Lakewood because we find that residential customers do exactly that. They're not nearly as attentive -- CHAIRPERSON MATTHEWS: Persnickety about -- MR. HCNEES: -- shall we say as some of the golf course managers and as -- as attuned to the -- and when it's off a lake and they're not paying anything or they feel like they're not paying anything, you're absolutely right. And that's why we're anxious to connect Lakewood. When we finish with the conversation about overall disposal, we're going to talk about Lakewood for a minute. CHAIRPERSON MATTHEWS: Okay. I -- I guess my concern is -- is that, you know, there's a lot of options here that we're trying to examine, but I'm not sure that we've examined them thoroughly enough to make a decision of whether we should pump this stuff eight miles out or whatever. MR. HCNEES: There's one more piece of the puzzle I'd like to throw at you, and I do this hesitantly, but I feel like it's my responsibility as utilities administrator. In my conversations, one of the things I've asked -- and I've asked the -- the folks from the Department of Environmental Protection, our own staff, and some of the other waste water experts, can you find for me a waste water treatment facility somewhere in the state of Florida or somewhere in the southeast or anywhere that's of any kind of similar location that disposes of the volume of waste water that we're talking about here that we're permitted for at this facility through either one large or a series of -- and in one location or a scattered series of percolation ponds. And I'm told that type of facility doesn't exist because percolation ponds on that scale don't work very well. And I have to tell you that. And I -- if the folks from the DEP -- I'm kind of hoping they'll -- if I'm wrong on that, please correct me. But if I'm correct, I'm kind of looking to them for -- to say -- COHMISSIONER HANCOCK: In other words, back him up, guys. COHMISSIONER MAC'KIE: Please, change your mind. MR. HCNEES: I'll happily stand corrected. MR. YOUNG: My name's Harley Young. I'm with the DEP. I've just looked at some of these figures just today very briefly and just to say I agree with what Mr. HcNees said. And the other thing is I think that the numbers here are rather optimistic based on the percolation rates. If you -- if you look at the rates compared with what we typically see, they're probably about a sixth of what typical percolation rates would be, but we're talking about huge areas here. And I would have -- I would have some real reservations about how successful these would be at the rates of percolation that they've listed, you know. And from the department's permitting point of view, I think we would want to see some more assurance that they would work properly. CHAIRPERSON MATTHEWS: Any other -- okay. Commissioner Norris? COHMISSIONER NORRIS: Mr. Young, Mr. HcNees has told us and you verified that -- that percolation ponds are not being used anymore in this part of the country; is that correct? MR. YOUNG: Well, no, I would say on the scale that we're talking about here. COHMISSIONER NORRIS: Not on the scale, okay. Are you -- are you telling us then that -- that the disposal method of choice nowadays is deep injection? MR. YOUNG: Well, I've -- from the department's perspective, I think that's really your decision. Those are both -- we can permit both deep well injection and -- and percolation ponds. COHMISSIONER NORRIS: Perhaps you misunderstood my question. What are the other plants using, the other communities? MR. YOUNG: Oh. Cape Coral is -- is an example. Cape Coral has instituted a large residential tense system, one of the largest in -- in the world actually. COHHISSIONER NORRIS: We're aware of that. MR. YOUNG: And to point out that they have had to back off to control the amount of water that people are using. During last year's wet season there was -- there was no discharge. I think one period in late September there was a limited amount of discharge to the river from that plant. So they've been fairly successful. COHMISSIONER NORRIS: Uh-huh. MR. YOUNG: Other large facilities have a combination of -- of tense, deep well injection, some perc. ponds on a smaller scale. COHMISSIONER NORRIS: Okay. We -- down here we're aware of the Cape Coral project with their tense system they put in. We could hear the screaming from here. CHAIRPERSON MATTHEWS: Do you have a question, Commissioner Hancock? COHMISSIONER HANCOCK: It appears to me -- and correct me if I'm wrong, Mr. HcNees -- but what you've done is bring back to us three scenarios listing primary and secondary discharge options. And what we're looking for today is this board to determine which one is the preferred combination but not necessarily make a specific site selection; is that correct? I know you'd rather us decide everything today, but is -- is that what I'm reading in the staff report? MR. HCNEES: I suppose if you -- if you were to say to us, we will not approve the construction of an injection well; bring to us a perc. plan option that will work, if you're not prepared to select specific sites today, we can do some more detailed analysis and hopefully relatively short term and get back to you and maybe get that decision in another week or two. I think these folks are not anxious to hear, go do more study. They're anxious to hear, what are we going to do? COHMISSIONER HANCOCK: The reason -- the reason I ask is obviously there are -- at least one or two commissioners have questions about which site truly is the best, and -- and we may not be ready to make that commitment today. We may. I may be in the minority there. As much as -- as we have talked about deep well and the -- the evils of it and so forth, I look at a recent situation where we had a breakdown at one of our ponds. And had we had some form of disposal method, even though it may not be what we primarily would like to use, we probably could have avoided that. I look down the road at -- at the potential cost of construction of -- of ponds on a scale that we're talking about. And even though we may not use all of it, I'm -- I'm really starting to look back at the deep well idea as a secondary or a fall-back for the simple reason that it may not be what we want to do all the time. But in a pinch when other things are going wrong, when we've got clogged perc. ponds that are not releasing the water the way they should and we have to get rid of it to avoid fines, it may be the only other way. And to do that in combination with a tense such as the Lakewood area I -- I -- I'm seeing that as probably one of the more viable alternatives. And I'll leave that out for discussion of my colleagues. CHAIRPERSON MATTHEWS: Commissioner Hac'Kie? COHMISSIONER MAC'KIE: Just -- just basically ditto what Commissioner Hancock said. If we're starting with the premise of -- of tense wherever possible and we're looking at how to fund that, perc. ponds as the primary. But we have too many people standing in front of us telling that all perc. ponds doesn't work. You know, it just doesn't work. We can't keep asking the same question 85 times. We've asked it every way we can and been told you can't do it all with perc. ponds. Deep wells are scary. But -- but, you know, if -- you guys from the DEP are here. If there's another alternative besides reuse, perc. ponds, and deep wells for this community, please speak now or forever hold your piece. COMMISSIONER HANCOCK: That would be the water fairy. COMMISSIONER MAC'KIE: Yeah, the water fairy. There you go. So faced with the alternatives that we have, it seems to me we don't have very much choice. We're prioritizing appropriately when we have reuse as first, perc. ponds as second, and deep well as an emergency back-up. And I'm -- I'm ready to go forward and make some decisions based on that. MR. DORRILL: Just as part of complete disclosure, one of the things I was talking to Dr. Woodruff about recently is he is -- COMMISSIONER MAC'KIE: Dr. Woodruff? I'm sorry. MR. DORRILL: He and I talk and confer occasionally. CHAIRPERSON MATTHEWS: I'm glad to hear that. COMMISSIONER MAC'KIE: That's good. MR. DORRILL: That is good. Dr. Woodruff has got the city contemplating to going to what I would call a tertiary level of treatment and then continuing to be able to discharge their effluent into the Gordon River. That's one of the things that always astounds me. You know, we spill 20 gallons in the north end of the county, and -- and the wrath of God comes down on us. The city's been dumping effluent into the Gordon River for 50 years on a daily basis, and that's part of their permitted activity. COMMISSIONER MAC'KIE: Of course, it's because they've been doing it for 50 years and they're grandfathered in. MR. DORRILL: Without a doubt. My question is, can you surface discharge into another body of water that is under the state's jurisdiction or water of the state? And if so, is it even feasible to consider going to an advanced level of waste water treatment in order to surface discharge? And if so, does that still get us back on a cost comparison to what Commissioner Mac'Kie said is some combination involving a deep well? COMMISSIONER NORRIS: That was my question, Mr. Dotrill. MR. DORRILL: Sorry. COMMISSIONER HANCOCK: Let the record show Commissioner Norris actually asked that question. CHAIRPERSON MATTHEWS: Mr. Young. MR. YOUNG: To -- to -- to paraphrase my -- my supervisor, basically surface water is out of the question. Technically it may be permitable, but realistically I think it's -- it's more of a problem than a solution. MR. DORRILL: Okay. COMMISSIONER MAC'KIE: Thank you for a direct answer. That's great. MR. MCNEES: I'm so happy that he was here to say that instead of me say, when I asked him last week, what he said was. COMMISSIONER HANCOCK: Although your tap dancing is getting better, Mike. CHAIRPERSON MATTHEWS: Commissioner Constantine. COHHISSIONER CONSTANTINE: Who's responsible for the numbers that we were told just now that aren't accurate, one-sixth? Is that our consultant? Was that Rob? Or did we do those ourselves? MR. HCNEES: Which numbers are we talking about? I'm not sure what -- COHMISSIONER CONSTANTINE: I think he said the perc. ponds, the numbers we came up are -- CHAIRPERSON MATTHEWS: Conservative. COHMISSIONER CONSTANTINE: -- one-sixth of what -- MR. YOUNG: I just felt they were very optimistic numbers. COHMISSIONER MAC'KIE: To the tune of one-sixth of -- is what you think is realistic and -- MR. YOUNG: Correct. COHMISSIONER MAC'KIE: I wish you would clarify that Some. MR. CONRECODE: Let me answer that just by way of putting it in perspective. We didn't have anything specific to go by. We didn't go out and do a soils analysis on any of these sites. What we did do is we took the soil analysis that was done on the Hubschman parcel, considered that a hundred-acre site and the percolation rate available on that particular site, used that same data so we were the same across all the sites. Obviously when we build a thousand-acre site as a perc. pond, the percolation is going to be -- the percolation characteristics are going to be different on that site than they are on ten or a thousand, you know, smaller sites. So that was how we arrived at that number. COMMISSIONER CONSTANTINE: Thank you. MR. CONRECODE: Again, just for comparison. CHAIRPERSON MATTHEWS: Commissioner Norris? COMMISSIONER NORRIS: Mr. McNees, if we went -- if we deleted perc. ponds -- let me first ask would there be any perc. ponds that we now have that would continue to be available, or are we trying to get away from perc. all together? MR. MCNEES: We don't have long-term perc. ponds -- COMMISSIONER NORRIS: Okay. MR. MCNEES: -- that are -- that we own that we're committed to stay on. So we would need to develop some further ponds. COMMISSIONER NORRIS: That's why we're having this discussion even as we speak. MR. MCNEES: Exactly. COMMISSIONER NORRIS: If we went to an aggressive reuse program that -- that you've outlined here, when we were not able to dispose of all of our reuse water, we would have to deep well inject it to dispose of it. MR. MCNEES: Correct. COMMISSIONER NORRIS: On an annual basis, give me some idea of what percentage you think would realistically go into the deep well. COHMISSIONER MAC'KIE: had no perc. ponds? COHMISSIONER NORRIS: COHMISSIONER MAC'KIE: CHAIRPERSON MATTHEWS: aggressive tense program. COHMISSIONER NORRIS: Just so I can understand, if we If we had no perc. ponds. Okay. And a -- and a -- and an An aggressive reuse. In the dry season, we should be able to get rid of all of our reuse. It's the wet season that we're concerned with. MR. HCNEES: That's an interesting question. If I can take us all the way back to the first piece of information in our first presentation that we talked about here, the folks from Hole, Hontes, I don't know if they have any of those numbers with them. But they've done quite a bit of work in terms of our tense capacity versus our -- our disposal need. And I don't know if they have those numbers today. They're certainly available. MR. BENSON: I believe at this time -- CHAIRPERSON MATTHEWS: Can you identify yourself again, please? MR. BENSON: Yes, Ron Benson with Hole, Hontes. At this time approximately a half or more of your water is -- is not being tensed. If you go to an eight million-gallon-per-day facility -- that's doubling the amount of water treated -- you'd have to have a lot of tense additional just to keep it that same level. Probably if you did go to what the DEP would determine a high level of tense, at least 25 percent may still go down a well because of matching up the seasonal fluctuations and demands in production of the effluent. COHMISSIONER NORRIS: So somewhere between 25 and 50 percent would -- would be deep well disposal. MR. BENSON: That'd be a good guess at this point. MR. HCNEES: And that's based on somewhat our current tense capacity. And one more thing I'll throw at you, with the money -- let's just say you decided for whatever reason today to go ahead and construct the deep well. With the difference in the cost between an injection well and what we would have to spend on percolation ponds, there is then that capacity or that funding ability within the rate structure to instead of building more percolation ponds work harder and spend money to encourage and develop tense. So there -- you give yourself that resource by saving money on an injection well to make that money available then to be more aggressive and to maybe pay for more of the pumping, maybe -- maybe give some relief to people who will -- are willing to connect and help us be more aggressive because we all know that it's very expensive to get into residential tense. And if you start talking about rate impact, the concept of getting into large scale percolation ponds plus large scale residential tense, now you're starting to talk about some impact and some very large numbers. CHAIRPERSON MATTHEWS: I'm beginning to -- to question whether in the -- in the end this board is going to have to address a mandatory tense program similar to the mandatory regional water hook-up that as we expand our waste water treatment system and as we get the pipelines out to different areas that we may very well have to look at a mandatory tense program just to be able to handle this because as our population grows, this is certainly going to become a problem that's worse than it is now certainly. And I'm just beginning to think that we've -- we've got to go in that direction. MR. HCNEES: And we absolutely want to make tense available. The way I understand the process today, when someone asks water management district for a withdrawal permit for irrigation of water, the first question they're asked is, is tense water available to you? And one of the outs a builder or developer has is to say, it's not financially feasible for me to use reuse water. In other words, we charge 13 cents a thousand or we're going to make them build a storage tank or we're going to make them build a pump makes that financially infeasible. And that has been a good enough answer to this point as I understand the process. And -- and we may get to the point where the county will want to say, fine, we'll pay for the pump. We'll pay for the storage because it's a cost effective way for us to get rid of the irrigation water. And beyond that then obviously is the concept of mandatory where people don't have an option. And that's something we have almost begged -- and in meetings I've been in with water management district officials, we've said, will you back us up? Will you refuse withdrawal permits in cases where reuse is even remotely available? Well, so far they're not willing to take that step. And that's certainly a battle that needs to be fought. CHAIRPERSON MATTHEWS: I hate to see anything interfere with individual's lives in making anything mandatory. But, you know, we're talking about significant problems here that we're headed for. MR. MCNEES: Well, it's their water to start with. CHAIRPERSON MATTHEWS: Well, I know. But mandatory -- mandatory is mandatory is mandatory, and it's -- it's very difficult. But I threw the word out. And I'm not particularly willing to eat that word right now. But I see a day that it may go there. MR. MCNEES: Well, it's already mandated that those people pay to dispose of the water. It's just a question of how they're going to pay and in what direction we're going to send it really. CHAIRPERSON MATTHEWS: Any other questions? MR. DORRILL: You have two additional speakers. CHAIRPERSON MATTHEWS: Any other questions? Speakers? MR. DORRILL: Ms. Riner. Following her I had Mr. Perkins, and I didn't know if Mr. Siesky is still registered or was interested. Ms. Riner. MS. RINER: Commissioners and MAdam Chairman, I'd like to comment on the effluent percolation ponds located at the Falling Waters development. I've suffered impact from these ponds in the loss of use of my property, from increased run-off of these ponds, and particularly completed district 6 drainage plan. I would like to present a letter from the South Florida Water MAnagement as it addresses the percolation pond and to ask you to carefully consider the location of any new ponds and their impacts of the surrounding land use. I would ask the board to relieve the problems created by the percolation pond as the upsizing of the culverts in '94 did not collect -- correct the flooding problems. My land's been under water since June of '94, and this is the second week of February of '95, approximately eight months. You have recently created a special taxing district to correct the problem, and can the water management -- let's see. Can the South Florida Water MAnagement report be entered as record? Or do you want me to read it in its entirety? CHAIRPERSON MATTHEWS: It can be entered into the record. COMMISSIONER HANCOCK: I think that's an easy decision for us. MS. RINER: I thought so. These sound like real small problems compared to what you're talking about, but they're not small to us. CHAIRPERSON MATTHEWS: No. We -- we realize that. Mr. Perkins. MR. PERKINS: A1 Perkins, Belle Meade Groups, Citizens for Constitutional Property Rights. Well, here we are again. We're totally against deep well injection because I can't see where it is going, and I can't -- in other words, if we put it down there, it could be coming up in Lee County or Broward or anyplace else. There's no way in the world to take and when you have a problem just to make it go away. If you can't see where it's going, you could create another problem for somebody else or even ourself. The locations on the map over there, one of the things that has not been addressed is the future development along 951 which is PUD, Planned Unit Development, for one mile inland from -- from the parkway -- not from the parkway, from 75 clear down to and sweeping around to the -- the eastern part of the Belle Meade which that's all going to be developed. Right at the present time there's country clubs -- country clubs with golf courses on both sides of the road. On both sides of 951 you can look for the same thing. On the north side of the college, we've got new developments which you passed for the -- the permits. So the reuse of the water is critical. Now, I want to touch base on the impact fees. Nobody's mentioned it. I don't know where it fits on that, but is this -- could this be part of getting rid of the water? Now, I don't want to throw the water away because South Florida Water Management is out there trying to take and save water, and now we're talking about throwing it away, eight million gallons. We have big problems with that. The land values, on the section -- there's three sections there that is on Sable Palm Road right at Jason -- and I can't hardly see it from here -- to Oberlin College properties is already developed with numerous homes and with a -- nurseries. Some of it's grazing. Now, as far as getting rid of the water, now, as we move to the east, you have Oberlin College sitting right there. And just south of it, it's not Six L Farms. It is Thomas Farms. To the south of that is Six L Farms. Now, they were talking about the -- the percolation ponds per se. I got the impression -- and I could be wrong -- that they're talking about one gigantic percolation pond. Needless to say, I would take and highly recommend that you take and learn a lesson from the farmers. When they put the rows in, they put the water in between each one of the rows. So this way here they can control what they want to flood, what they don't want to flood, and how they want to handle the water. If you go with the percolation project on Oberlin and if you go with recycling and possible composting -- now, don't forget. I'm not hard and firm on any of this. I want to get the information. I want to do the job right. I want to fix the problem. If you go in that direction, then you -- recomposting only takes 100 acres. That leaves you 900 acres left that we can certainly if we take and use some smarts about this thing to take and apply this thing to it. Then they can use that water to take care of the farms. Now, to the north of that we have grazing land, and to the east of it there's grazing land. Now, if we need be, if it gets push come to shove, the southern estates is bone dry most of the year. Ask anybody who lives out there. It catches on fire. But anyhow, there's a way to get rid of this water. There's a way to use this water. And what I -- something that's been bothering me all day about this, I'm looking at staff. I don't think we hire idiots. We've got some of the best staff there is. Let's utilize them. They've got the answers. But let's ask them all the questions, and let's get all the answers. I didn't -- I didn't like it when they were aiming at the staff not doing their job; okay? I want to thank each and every one of you because today is the best meeting I've been in in 15 years in this place seriously, seriously. Tim, you surprise me, Hancock, that is, you surprise me because all of a sudden you come in with some good stuff. I'm sitting here saying, man -- COMMISSIONER HANCOCK: Now wait a second, A1. What have I been doing the last two months? MR. PERKINS: Well, no, no, I mean today you surprised me at times. And, Pam, you even surprise me. So there's hope for us yet, guys. COMMISSIONER HANCOCK: I can't win by getting a compliment from you. MR. PERKINS: No, seriously. COMHISSIONER HANCOCK: Thank you, A1. MR. PERKINS: I've told you guys the very first day I met you that I'll take you on head to head. But at the same time, too, when you're doing something right, I'm going to let everybody know and including in that stinking camera back there because they're the people that are paying the bills. And it is important that they know that you're doing a good job; just that simple. One question -- COMMISSIONER NORRIS: Give him another five minutes. COMHISSIONER HANCOCK: You figure he'll work his way to my right? MR. PERKINS: But the only question I have is the leachate system from the existing landfill, where is it going to go? I can't find anything on it in the contract. CHAIRPERSON MATTHEWS: The leachate on what? The landfill? MR. PERKINS: Yeah. Where is it going to go? CHAIRPERSON MATTHEWS: You're really distracting us, Mr. Perkins. MR. PERKINS: No, no, no, because it's all part of this problem right here. CHAIRPERSON MATTHEWS: It's going to eventually go to the south county waste water treatment plant as soon as we get the lift station and the piping done. MR. PERKINS: Okay. Every bit of that water's usable; am I correct? Every bit of the water's usable? MR. MCNEES: Once it comes out the other side of the waste water plant, yes. CHAIRPERSON MATTHEWS: It's usable, yeah. MR. PERKINS: I thank you. Keep up the good work. Seriously I can be proud of you guys today. Thank you, guys. CHAIRPERSON MATTHEWS: Thank you, Mr. Perkins. Anybody have any comments after that? Mr. Siesky. MR. SIESKY: Thank you. Jim Siesky representing Hubschman Associates. Excuse me, Commissioner. COMMISSIONER HANCOCK: That's okay. CHAIRPERSON MATTHEWS: Go ahead, Mr. Siesky. MR. SIESKY: One of my problems here is I'm not an engineer. I don't understand everything that the engineers try to tell me about waste water treatment and what needs to be done. But listening to some of the things that they said, it sounds like at 8 million gallons per day, if you're going to lose half of that down the deep well each year, that's about 1,440 million gallons per year. The question I have is, if you had a storage facility for a lot of that water, how much would that decrease that loss down the well because my understanding for you -- or of your prior actions, rather, is that your desire was not to put it down the deep well but to reuse it. And, Commissioner Hancock, if you would, I understand you have some misgivings about a storage facility. But if you would not take that off the table just as you did not take the deep well injection off the table the last time for the staff to look at, I would request that the storage facility on the Hubschman property be looked at as well as the deep well and how it can be used in concert with it. Thank you. CHAIRPERSON MATTHEWS: Thank you, Mr. Siesky. MR. HCNEES: Madam Chairman. CHAIRPERSON MATTHEWS: Just a moment. Commissioner Hancock. COHMISSIONER HANCOCK: I did want to point out, Mr. Siesky, that assuming even reduction that we're only putting five million gallons a day out, that we have to find a place for five million gallons a day, the hundred and twenty million gallon capacity of a storage facility lasts a total of 24 days. Granted when we only have one or two million gallons in it a day, you know, I don't know what the perc. rate is. But obviously it's slower at that level than it would be at what a perc. pond is designed to. So I'm not throwing it away. I'm just saying it becomes less attractive as we look at the limit of the storage capacity versus that of percolation ponds where there is a place for things to go. That's -- that's the differentiation between the two for me anyway. CHAIRPERSON MATTHEWS: John, question? COHMISSIONER NORRIS: No, I'm ready. CHAIRPERSON MATTHEWS: You're ready? Mr. HcNees has a final comment. MR. HCNEES: I'd like to throw one more piece of information at you, and hopefully it won't confuse things. Something that we understand is available to us but we have not pursued aggressively because of the board's -- kind of what your prior direction has been is that if we identify tense irrigation as our primary disposal option and if we can develop, quote, adequate storage, rainy day storage, so that we can demonstrate the capacity to dispose of our effluent or shall I say store the effluent during that rainy day event, the DEP will perhaps allow us to only construct one injection well. And the back-up well then would not be necessary which would kind of change the -- the equation a little bit in that if we do have the injection capacity and the reliability of that, that that's possible. I'm not going to say that I know the parameters of that or that we can ever find, quote, adequate storage, but it would certainly be something we'd work on as a parallel effort as we proceed here. CHAIRPERSON MATTHEWS: So what you're telling us then -- and let me make sure that I get this right. If we go into an aggressive reuse program and have a storage facility to store the effluent in until a non-rainy day, that the DEP could possibly not require us to build the second deep injection well. MR. MCNEES: Correct, that's correct. And I guess the reason I bring it up now is it may be -- there may be some benefit if this is an appropriate storage facility that the Hubschmans are offering us, to continue that negotiation with them. And I know that there are ancillary benefits, the park that you're interested in and the settlement of all these other waste water-related and Hubschman-related issues. That may not be something we want to throw out at this point. We want to continue to work with them if that's a direction we're going. CHAIRPERSON MATTHEWS: Commissioner Mac'Kie. COHMISSIONER MAC'KIE: Just it's certainly not something I want to throw out at this point. My -- my preference, as I've stated before, is that we have tense as a first phase, perc. ponds as a second. And -- and I've always understood and -- and frankly thank you for correcting me for my presumption being wrong that if we had a primary storage system of perc. ponds that only one well would be necessary because it would be our emergency back-up system. And I sure think we ought to be able to make a strong argument to the state about that, that if we can produce adequate storage through the perc. ponds that the well is only -- my -- my support of the well is only as the back-up. And in that case we don't need two. We need one. MR. HCNEES: What we would be proposing at this moment -- and again, this is all subject to your approval -- but there wouldn't be an intermediate there of percolation ponds as a secondary. COHMISSIONER MAC'KIE: Just storage. CHAIRPERSON MATTHEWS: Just storage. MR. HCNEES: We would develop storage. And the storage pond is built -- constructed differently, is cheaper. And there's a different standard there. And then that last ditch disposal effort, again, would be the injection well. COHMISSIONER MAC'KIE: Okay. CHAIRPERSON MATTHEWS: Commissioner Norris. COHMISSIONER NORRIS: Mr. HcNees, are you recommending to the board that we attempt to procure a storage site and a single deep injection well as back-up? Is that what you're proposing? MR. HCNEES: What I would be recommending is that -- COHMISSIONER NORRIS: I see Mr. Young may have a comment about that. MR. HCNEES: What I would recommend is that you advise us to research that as we proceed in that direction to see if that's a better alternative than building two deep wells immediately, yes. COHMISSIONER NORRIS: Mr. Young? MR. YOUNG: I just wanted to comment. I want to be cautious about what I was advising. I think that's a prudent interim step, a direction to go, that makes a lot of sense to me in listening to what you're saying. As regards whether it really will work or not, whether we can provide enough storage, whether the well functions as primary or back-up, I think we need to look at more carefully. COMMISSIONER NORRIS: But in your opinion, that would be an acceptable way to go? Excuse me. From the DEP's perspective, that would be an acceptable way for us to approach it? MR. YOUNG: You know, I think in light of the fact that we're interested in getting a direction, in getting something established now, it certainly would, yes. COMHISSIONER NORRIS: Okay. CHAIRPERSON MATTHEWS: Commissioner Hancock. COMMISSIONER HANCOCK: I agree with Commissioner Mac'Kie in that the reuse as primary -- and I want to point out something. In our past discussions when we talked about reuse, Mr. Taylor gave us an estimate of approximately three to five million dollars to put a million gallons per day into a reuse irrigation system in a residential neighborhood. We have an opportunity here -- and I'm willing to guess there are others that when we look deeper and harder similar to Lakewood where we get a million gallons a day for a million and a half instead of three to five million. In other words, we're seeking out those opportunities that provide us the greatest bang for the buck. And I -- I commend you for that, and I challenge you to find others. I will -- and I'll wait. I know Commissioner Constantine has questions, possibly Commissioner Matthews. So I'll wait a little bit. But I agree with Commissioner Matthews that the deep well is the back-up -- the only back-up to avoid us having to be in a fine situation, to avoid us having accidents that flood over into other people's property, that that is the only way in which I will support it, but I support it wholly in that effect and that we aggressively pursue the reuse such as the Lakewood situation. We just got rid of one out of eight million gallons when we constructed that system. We just got rid of 15 percent right there, a little less than that. COMMISSIONER NORRIS: Twelve and a half percent. COMMISSIONER HANCOCK: Pardon me? COMMISSIONER NORRIS: Twelve and a half percent. COMMISSIONER HANCOCK: Twelve and a half percent. I wasn't going to -- I was rounding. CHAIRPERSON MATTHEWS: Rounding -- rounding up no doubt. COMHISSIONER HANCOCK: She's the CPA. I'm the planner. But anyway, so I agree with that path, and that would be where my support lies. CHAIRPERSON MATTHEWS: Commissioner Constantine -- Constantine. COMMISSIONER CONSTANTINE: Mike, a little while ago you said if we aggressively pursued reuse or you used the word aggressive and reuse. And I just wondered if you can help me define what we mean by that. MR. MCNEES: How much are we willing to spend? When I talk about aggression, I'm talking about how big a commitment is the utilities division or the county willing to make to fund on-site improvements to subsidize residential improvements, to mandate residential reuse. COMHISSIONER CONSTANTINE: That's why I bring it up, because I'm not ready to mandate it to residential use. And I don't want us to -- MR. MCNEES: Aggressive is everything from legally to financially. MR. DORRILL: And in some instances like the Lely Resort where you could enter into agreements with a condominium association which would be beyond whatever current scope that we might have, that's one thing. If you go and start digging up the streets in the original Lely subdivision -- and Commissioner Norris's street in particular -- and then compelling people to hook into and separately meter effluent for irrigation purposes in lieu of their using potable water or a private well that they may have dug on that property, then that gets it on that Cape Coral sort of vein. And I can't tell you how difficult those types of projects are. COHMISSIONER CONSTANTINE: That's my concern. I don't want us to take any steps toward that direction. And when you said aggressive, I wanted to make sure that's not what we're talking about. CHAIRPERSON MATTHEWS: I think -- I think that's exactly the point, though, that if we get into an aggressive program and our -- and our staff goes out and finds just seven more Lakewoods, if seven more -- if seven more exist. Look what you've done. COHMISSIONER CONSTANTINE: And can you do it by next Tuesday? CHAIRPERSON MATTHEWS: But that would be an aggressive program, and -- and -- and I -- I -- I could easily support that. MR. HCNEES: And to give you an example, as Mr. Clemons reminds me, there are seven effluent agreements at some stage of negotiation today. And the more leeway we have as a staff, at least the more understanding we have that maybe we have the ability to grease the wheel here or maybe provide a benefit there to make these things happen, we have that much greater ability to make them happen. And when I talk about aggression, that's exactly what I'm talking about. CHAIRPERSON MATTHEWS: Okay. Commissioner Constantine. COHMISSIONER CONSTANTINE: One other question. Is it Mr. Young? Is that right? You just mentioned a moment ago in answer to Commissioner Norris's question you said something -- and I'm paraphrasing. But you said something to the effect of, well, yes, if deep well was used as back-up or as primary, that would all have to be worked out but if you want to approach it this way initially. And I just wondered if you could elaborate a little because I would hate to have us pass something thinking that it was going to be the back-up system and have DEP come back and say, no, I think we're going to have you use that as the primary system. MR. YOUNG: You know, in my mind I guess the real question arises is that when you construct a storage facility that there is some degree of percolation that takes place with that storage facility typically unless it's a lined pond. And the real issue of what goes where is not established at this point. The question about whether or not the well would function as a back-up or a primary -- and you're using the word primary for the tense system which is the way the department would like to proceed it, would like it to happen, my feeling is and my motivation in making these comments is that this would be an interim step that would be going in the right direction. From a permitting standpoint I think it's sensible. COHMISSIONER CONSTANTINE: Thank you. COHMISSIONER MAC'KIE: Well, did you get an answer? I didnwt really get -- I didnwt understand it if there was an answer there. CHAIRPERSON MATTHEWS: Well, I think what -- what Mr. Young was saying -- and correct me if Iwm wrong -- but the -- the state agencies as well as the Governor and the cabinet and the legislature in the last couple of years has signed on to reuse as being the number one disposal method, the preferred method. And I think what hews telling us is that while we -- we may have to do a deep injection well now in order to handle our current problems that our signing on to a primary reuse system in the future is not going to be a problem. I believe thatws what hews just saying. MR. YOUNG: Well, I think, you know, youlre -- youlre -- youlre committing right now to an aggressive reuse system. And presumably as things develop, you may find that -- that -- that the injection well is functioning as a back-up disposal method and not a primary. CHAIRPERSON MATTHEWS: As we build the system. COMMISSIONER CONSTANTINE: Question for the board. What if we donlt find seven more Lakewoods? What do we do? COMMISSIONER HANCOCK: I think we have -- and I think this is what Mike is trying to point to -- that we have the opportunity as new developments come on line to make it mandatory in new developments. In other words, as a condominium is built, before the roadways are put in that the lines can be installed for reuse systems opposed to going in and tearing up existing neighborhoods and placing assessments on people that didnlt have it before. I think we can find ways in new developments to -- to approach reuse that we otherwise canlt in existing neighborhoods. So Iim not closing the door on saying that the existing Lakewoods have to be there. What Iim saying is the Lakewoods can be developed as we go on in time. And -- and thatls what I consider aggressive reuse is looking ahead at reuse, not necessarily looking at all existing developments. I wouldnlt omit them, but Iim just saying I donlt think welre going to find seven more Lakewoods out there to be honest with you. CHAIRPERSON MATTHEWS: It would be great if they were there, but I think weill find our seven Lakewoods in the future, not so much in the past. Commissioner Norris. COMMISSIONER NORRIS: If I may make a comment on that, if welre going to a deep well injection and anticipating using it some, it really doesnlt matter once youlye made that step whether youlre using it as a secondary or tertiary disposal. I mean, to -- to break our back to try to find either storage or percolation ponds to be an interim between reuse and deep well doesnlt make as much sense as trying to find percolation to take the place completely of deep well injection. Once youlye gone into deep well injection, in other words, it doesnlt matter whether youlye put -- CHAIRPERSON MATTHEWS: Youlye gone there. COMMISSIONER NORRIS: -- twenty-five percent or fifty percent of your waste water -- CHAIRPERSON MATTHEWS: Once youlre there youlre there, huh? COMMISSIONER NORRIS: Right. So -- COMMISSIONER HANCOCK: But I do think itls important to note we want the reuse to be primary, that thatls a focus of the board -- COMMISSIONER NORRIS: Thatls true. COMHISSIONER HANCOCK: -- because we want to put as little in deep well if we construct one as possible. I think that is the important part of this discussion. And the deep well unfortunately is, as I see it, the only feasible way of avoiding the fines and the potential mishaps we had with percolation ponds and the troubles of -- of constructing them on the scale that we're talking about. So as has been said, I don't know that we're left a lot of choice with the secondary disposal, but I think the reuse is -- is what we're focusing on. MR. MCNEES: And to clarify one item, the only reason we've begun to talk about storage in conjunction with an injection well and developing that would be if that would allow us to only construct one well instead of two, if we can find some way to either completely avoid or at least phase that in. And technologically-wise or from a regulatory mode, the state may decide eventually that -- that a surface water discharge is okay for this, you know. I don't know they will. COMHISSIONER NORRIS: Let me see if I can make a motion and wrap this up. We've been on this for quite a while here. I'll make a motion that we direct staff that water reuse is our primary source of disposal and that we would like for them to aggressively pursue that and at the appropriate time, perhaps in the land development code amendment time, bring us back some proposals that we can put in to perhaps mandate that new development -- new developments of a certain size coming on line will have to use reuse and make some allowance for -- for volunteer retrofit, no mandatory retrofit; number two, that -- to go ahead and continue to negotiate with the Hubschmans concerning the property they have that could be used for storage and bring that back to us. When would be appropriate, Mr. McNees? How long will you think that will take? MR. MCNEES: I'd like to have two weeks. I think we can probably -- COMHISSIONER NORRIS: Four weeks? MR. MCNEES: Two weeks is fine. COMHISSIONER NORRIS: Two weeks? Bring that back to us in two weeks. And for the third preference of disposal, we will go with deep well. If -- if we're successful in negotiation with the Hubschmans, we'll use one deep well. If we're not, we will skip that step and go to two deep wells. That's the motion. MR. MCNEES: And I would -- CHAIRPERSON MATTHEWS: Why do we need two? Excuse me. COMHISSIONER NORRIS: If we don't have storage, we have to have two. CHAIRPERSON MATTHEWS: But we're going to commit to a reuse program, and -- and Mr. Young has said if we commit to an aggressive reuse program that we only need one well. MR. MCNEES: I think that the clarification Mr. Young was trying to make before was that's all contingent upon DEP agreeing that yes, storage is adequate. And there's sort of a negotiation process there. He doesn't want to guarantee today they'll allow us to just build one deep well. He says that's something we may be able to work out. We'll sure try. COMHISSIONER HANCOCK: I -- I can support the motion if we amend it so that it doesn't rest solely on the success or failure of the Hubschman property because there may be other properties that we can develop. If that falls through or we find that that's not acceptable, there may be other properties in which a perc. pond as an interim measure -- MR. HCNEES: Storage alternative. COHMISSIONER HANCOCK: -- is a storage alternative. If you would amend the motion accordingly -- COHMISSIONER NORRIS: Okay. That's fine. I'll make that amendment. COHMISSIONER HANCOCK: -- I will second. CHAIRPERSON MATTHEWS: Is there discussion? Commissioner Constantine? COHMISSIONER CONSTANTINE: I'm just -- I'm going to oppose the motion for two reasons: One, I'm still not completely comfortable with deep well. But more importantly the -- this, quote, aggressive stance on tense I don't like. When we have new developments with single-family homes, for example, that is going to put yet another additional financial burden. Our homes in Collier County are artificially high when you compare to other areas because of the impact fees and because of other things. And, you know, I look at people trying to get into a home. And as these developments go up now, if we have -- that cost will obviously be passed on to whoever's purchasing the property or the homes. I don't like that statement that we're going to have this aggressive tense because the ultimate person to pay is everybody in Collier County or people who move into those areas. So I'm going to oppose the motion. CHAIRPERSON MATTHEWS: Commissioner Hac'Kie? COHMISSIONER MAC'KIE: Just a -- just a quick comment. I think that we're doing the best we can with what we have. And yes, there's a lot of loopholes. There's a lot of problems here. What is aggressive and what is aggressive tense and what is sufficient storage and those things are gray, and we don't know. But I think it's our responsibility to move forward, and I'm ready to vote. CHAIRPERSON MATTHEWS: Commissioner Hancock. COHMISSIONER HANCOCK: Just a quick comment. I -- again, Commissioner Constantine, I -- I -- I would like to agree with you, but I look at what you remove. If you remove deep well, if you remove aggressive tense other than strictly voluntary, and you remove the fact that we can't do perc. ponds on a mass scale because physically not only they're not being done elsewhere because they don't make sense, there's nothing left. So I -- I agree with Commissioner Hac'Kie. You know, maybe there's a way to build a better mousetrap, but no one can show it to us yet. So I don't -- I certainly don't dismiss your comments. I'm just looking for a solution in there and can't see one, so I'm going to continue my second and support the motion. CHAIRPERSON MATTHEWS: Well, I'm also going to support the motion because I'm looking at a cost here of sites 12 and 13, when you calculate it out, 32 million dollars. And that would be an immediate cost, I presume, because we have to do it right now. I like the tense. I've always been a supporter of it. I'd like to see it be more aggressive, but I like the voluntary retrofit as well because I particularly don't care for mandatory anything. On the deep injection well, I don't like it, but it's an alternative that I don't see a lot of choices for either. So with that I will call the question. All those in favor please say aye. Opposed? Motion passes four to one, Commissioner Constantine opposing. MR. MCNEES: Thank you, Madam Chairman. We have one more item on this subject. And first I'll say we will be back to you very, very shortly with contract approvals to proceed in the direction that you've just stated. And, Commissioner Constantine, just for your benefit, there is no individual piece of this, quote, aggressive program, be it either an approval to build a mile of pipeline to get to a specific golf course or an approval for a specific mandate in either the land development code or utility regulations that won't come back to you for future approval. So you'll have a chance still to -- CHAIRPERSON MATTHEWS: You'll have ample chance to look at the land code. MR. MCNEES: The last item, I think we're just looking for a conceptual approval -- and I may not even need to ask at this point -- to continue the negotiation and be willing to put a million to a million and a half gallons on the table -- COMMISSIONER MAC'KIE: Gallons? MR. MCNEES: Dollars, excuse me. I'm getting too many inputs here -- dollars on the table -- I'll give you the gallons, too, if you want them today -- to make that happen in terms of its cost effectiveness of the disposal-ability. COMMISSIONER HANCOCK: Mike, if I may, Madam Chairman, we've kind of talked about the Lakewood thing all, you know, throughout this entire discussion. And I for one don't have any questions relating to should we continue to pursue it as a way to get rid of a million gallons per day for a million and a half dollars. I'd like to make a motion that we direct staff to -- to continue with investigating that as part of an overall reuse system for the county. COMMISSIONER MAC'KIE: Second. COMMISSIONER NORRIS: Second. CHAIRPERSON MATTHEWS: We've got a couple of seconds. I have one question on it, though. Mr. McNees, we're not anticipating putting a meter on this, are we, at this -- at least not yet. MR. MCNEES: We are currently anticipating that. Now, that's up for discussion with them. They -- they recognize that they do have a cost today of operating their lake system. They have pumps. They have maintenance. They have issues involving that. So it's a little -- CHAIRPERSON MATTHEWS: Won't they still have those costs, though? MR. MCNEES: Well, they won't. They'll -- the -- maintaining their withdrawal structures in the lakes and the quality of the water that comes out and what that does to their distribution system, there's an avoided cost for them. And they're out there penciling hard now to find out whether it makes any sense to them to pay 13 cents a thousand. And if it doesn't and if there's just a little bit of gray area there, we'll sure be back to talk about whether or not we want to charge them. CHAIRPERSON MATTHEWS: So you are anticipating putting a meter on the Lakewood. Would it be a master meter? MR. MCNEES: Yes, it would be a master meter, certainly not individual meters. MR. CLEMONS: We would need to meter it -- Tim Clemons for the record. We would need to meter it either way just so we can keep track with south Florida as to how much we put at different locations. Whether we bill or not would be your decision. CHAIRPERSON MATTHEWS: Commissioner Constantine? COMHISSIONER CONSTANTINE: I'm all set. CHAIRPERSON MATTHEWS: We have a motion and a second to proceed with the Lakewood reuse negotiations and feasibility study. I'm going to call the question. All those in favor please say aye. Opposed? Motion passes five to zero. MR. MCNEES: Thank you very much. CHAIRPERSON MATTHEWS: Next item on the agenda -- do you want to take a break? Ten minutes to three? Let's take a break until three. (A short break was held.) Item #8H2 CONSIDERATION OF A PERMANENT FINANCING VEHICLE AND AN UNDERLYING BONDING SOURCE FOR THE 800 HHZ RADIO SYSTEM - STAFF TO UTILIZE THE COHMERCIAL PAPER PROGRAM CHAIRPERSON MATTHEWS: Reconvene the board of county commission meeting for February 14. Next item on the agenda is the consideration of permanent financing for the 800 megahertz radio. Mr. Hargett. MR. HARGETT: Good afternoon, Commissioners. Bill Hargett, assistant county manager. This item's in follow-up to your November the 8th meeting in which the board directed the county manager to be back to you within 90 days with a permanent financing option for the 800 megahertz radio system. Since that time the finance committee has met on a number of occasions. We initially identified ten different options for permanent financing. Through the process of discussion and elimination, we really natrowed that down to two, one being a tax-exempt commercial paper program, a variable rate program, and a revenue bond with a fixed rate. I will say to you that we had considerable discussion between those. I have provided you our financial advisor's analysis of all the financing options that we looked at. You have a copy of the finance committee meeting as well as the agenda item that pretty much takes you through the various considerations that were made in arriving at a recommendation that you proceed with a revenue bond as a permanent financing mechanism for the 800 megahertz system. That primarily is the result of the concern that the finance committee had with a move in the variable rates in the -- in the near past, also as we look to the future and what might happen to the fixed rates if we did not lock in. And so it was our recommendation that the risk that the county would be looking at could be minimized by fixing the current rate. And we would recommend to you that you look favorably at a revenue bond. The next subject that we looked at was how would we service such a debt. And I might say to you that we were looking at a period of seven years as a -- for a permanent financing vehicle. We then turned our attention to how you would service that debt over the next seven years. We identified two possible alternatives. One was an existing line item in your fund 301 that is currently budgeted for the 800 megahertz radio system at a million three hundred fifty thousand dollars. The second funding alternative that we identified was an existing fund 214 which is a debt service fund which was -- which is used to service a debt on a 1990 bond issue that will be retired this coming December. The -- the amount of that debt service is approximately a million dollars. Between those two projects we were able to identify 2.38 million dollars from existing expenditures. It was our recommendation that you use the 301 funding of the million three hundred fifty thousand dollars as you did this year and that you would budget that amount for the next seven years on a recurring basis. And that would be sufficient to service the debt. One final thing, we -- our next task, should you approve this financing recommendation, will be to size the issue. As you know, there's eight and a half million dollars on our interim financing plan. The projected cost for the system is right around eight million. When you remove the enterprise funds, the independent dependent fire districts, you'll recall that that got us down to about 7.2 million. One of our recommendations to you was that we use the existing 1.35 million in your -- this year's budget to buy the principal down further, so we were down to somewhere in the neighborhood of six million dollars. And running debt service on that at 5.8 percent, we could more than service the debt from your existing appropriation and would so recommend. CHAIRPERSON MATTHEWS: Commissioner Hancock. COHMISSIONER HANCOCK: In -- underneath summary in the white pages of your report you have the difference between a general obligation and a revenue bond. MR. HARGETT: Yes, sir. COHMISSIONER HANCOCK: Would you explain to me the difference between the -- both on -- on five, seven, and ten year, you have a difference in the size of the general obligation bond and the size of the revenue bond. I don't -- I don't understand that. MR. HARGETT: I would ask Mr. Samet who prepared this to speak to that for me. COHMISSIONER HANCOCK: I guess what I'm asking is, for instance, the five-year bond, why is the size under general obligation 8.6 million and the size under revenue 9.17 MR. SAMET: It has to do with -- for the record, this is Hark Samet, S-a-m-e-t, with Raymond James and Associates serving as the county's financial advisor. It has to do with the structure of the general obligation issue, the amount of capitalized interest that's anticipated because of the timing of when the referendum occurs and the amount of borrowing that you have to do and the interest rate differential between five, seven, and ten years. We were just showing that the underlying rating of the county we think would be A-1-A plus. And if the issue were -- received insurance, then theoretically we'd have a slightly smaller amount of debt service for a general obligation bond than we would with a revenue bond issue where we anticipate an underlying rating of an "A", slightly -- COHMISSIONER HANCOCK: So in essence the revenue bond is costing us more in the long term. MR. SAMET: COMHISSIONER HANCOCK: between the -- MR. SAMET: Yes. COMHISSIONER HANCOCK: CHAIRPERSON MATTHEWS: COMHISSIONER NORRIS: presentation, Mr. Hargett? A little bit more. And that's the basic difference Okay. Thank you. Are there other questions? Are you through with your MR. HARGETT: Yes, sir. COHHISSIONER NORRIS: You are. What -- what is our available line on that commercial credit right now? How much do we have? MR. HARGETT: On the tax-exempt commercial paper program? COHMISSIONER NORRIS: Yeah. MR. HARGETT: Hark, do you know that? MR. SAMET: I'm not certain there's actually a specific number. The letter of credit bank that provides enhancement to the tax-exempt commercial paper program apparently was approached in -- in the fall, and they said they would have no problem underwriting an additional eight and a half million dollars if the county pursues that as an option. COMMISSIONER NORRIS: So it's not a set amount that we can draw against? It's not a set line? MR. SAMET: No, sir. COMHISSIONER NORRIS: What's our percentage rate on that, Mr. Hargett? MR. HARGETT: It's running about 4, 4.3, Mark, 4.17 MR. SAMET: Well, the -- the last six month historical rate through the end -- through January 13 we're told was about -- all in was about a 4.01 percent which means it ranged from about three and a half to four and a half percent over that period of time. And as Mr. Hargett pointed out, the finance committee was concerned about interest rate risk over the period of amortization of an issue to finance the radio system. And so the notion of locking in what are reasonably favorable long-term rates at a fixed rate was sufficiently attractive for the committee to make the recommendation for the board's consideration to go that route. COMHISSIONER NORRIS: In your opinion, Mr. Samet, where are we in the interest rate cycle? COMHISSIONER MAC'KIE: On the record. COMHISSIONER NORRIS: In Raymond James' opinion. MR. SAMET: Thank you, sir. We think rates will trend upward till the summer and then modulate and then perhaps come down. COMHISSIONER NORRIS: For over what period of time? When would you expect to see another upturn in rates? Two years? Three years? MR. SAMET: I think that will depend on what Congress does with the budget deficit amendment suggesting that one action will allow rates to go down. Another action will send rates the other way. COHHISSIONER NORRIS: Mr. Hargett, in all due respect to the finance committee, my -- my opinion on this is that since it's a small issue and, therefore, the initiation costs are proportionately higher per dollar than borrowing and because we are a full point and a half below what we could bond today by going with commercial paper and taking into account Raymond James and most other analysts as well think that we're fairly near the peak of interest rate cycle for the moment, my preference would be to go ahead and go with the commercial paper knowing that we have a full point and a half of slack. And there's another -- there's another thing too. We can dedicate our 1.3 million dollars annually that you pointed out to us. But we also have flexibility. If we come two, three years from now to a point where we would rather use some of that money for something else, we would have that flexibility where if we go with a bond, we would not. MR. HARGETT: I think the finance committee felt I'll say strongly about the two options. We discussed it. I think we could have gone either way. Mr. Samet shared the same information with us that he just provided to you. We felt that -- that typically and generally speaking that that long-term rate was going to track or the short term was going to track the long -- in fact, the fixed rate has actually come down since we met about a week ago. But at some point as they go up -- and we were really looking for a vehicle in which we could take advantage of the variable rate today and if it tracked upwards as it was being projected some way we could possibly switch over and lock in a fixed rate. The only difficulty that we had in making that analysis is what was going to happen to the fixed rate, that it more than likely would also track up. But certainly I think for a full point and a half it's something that you need to look at. It was very attractive to the finance committee. I think there was a risk there. And I think you can always look back at it and say, well, I told you so. And if it turned out that the rate didn't track up to increase by a point and a half, we will look extremely smart. On the other hand, you could look back and say you could have locked it in at five eight and it's now six something. So it was that level of risk, and as far as the variable rate, I think we had a comfort level with that as well. COHMISSIONER NORRIS: Well, one thing that we do know for sure at this point in our discussion is that for the next payment we will be below what we could lock it in. And so by the time we knock this thing down for a couple of payments, even if the rate does track up into the sixes, the overall interest cost is going to be totally less. MR. HARGETT: Right. Mr. Samet also told us that those people that were making that recommendation in terms of what was happening to the interest rates were still sitting behind a desk as well so to bear that in mind. COHMISSIONER HANCOCK: I'm not sure what he said, but I like it. MR. HARGETT: It was the risk issue we were looking at. COHMISSIONER NORRIS: Well, if you -- my point is, if you lock in a rate, you guarantee yourself five point what was it? 5.8? MR. SAMET: Well, we ran numbers at the time. The all-end cost was -- COHMISSIONER NORRIS: 5.82 did you say? MR. SAMET: About 5.82. It's comes down, as Mr. Hargett said, in the past week. COHMISSIONER NORRIS: So if you issue a bond, you have guaranteed yourself you're going to pay 5.82. MR. SAMET: That's correct. COHMISSIONER NORRIS: So if we pay four point -- what did you say? -- three? MR. HARGETT: That was -- COHMISSIONER NORRIS: 4.3, that means that for the next payment or one at some point in the future you could pay 7.3 and still be even except that it would even be more because you'd be paying 7.3 on a smaller amount of principal. So it would be even more than that. It would be closer to 8 before you'd even break even. MR. HARGETT: Correct. CHAIRPERSON MATTHEWS: That's true. MR. SAMET: That's accurate. I'd just call the attention of the board to the fact the county does have about 16.2 million dollars outstanding in commercial paper already, so as Mr. Hargett said, the board was -- the finance committee was cognizant of that. We just wanted -- in either case the recommended repayment source is a cumulative covenant to budget and appropriate legally available non-ad valorem revenues which gives you the option of using or not using the capital outlay millage now dedicated to paying the special obligation issue for the campus parking facility that matures December '95. Our notion was if we went to a fixed rate issue, we'd seek an underlying "A" rating from the rating agencies and thus qualify the issue for insurance and then let -- through a competitive bid process let the bidders decide whether they wanted insurance and then pay for it if -- if -- if they so wanted. As Mr. Hargett pointed out, you know, rates could very well be under the five-eight at the time that the bids come in. The unknown. CHAIRPERSON MATTHEWS: Commissioner Hancock. COHMISSIONER HANCOCK: What Commissioner Norris has said makes a tremendous amount of sense to me, and now I'm going to try and bring this down to a non-financier's way of -- of saying, okay, how are we going to pay for this? We have already budgeted 1.35 million dollars in the coming budget for start-up costs. MR. DORRILL: In this year's budget. COHMISSIONER HANCOCK: In this year's budget which has not been spent. And that fiscal year terminates at -- MR. DORRILL: End of September. CHAIRPERSON MATTHEWS: September. COHMISSIONER HANCOCK: Okay. Chances we will be spending that money before September or will not? MR. HARGETT: We will be spending some of that, yes, sir. COHMISSIONER HANCOCK: Okay. We continue that budget item into the next year or we don't and we allow the termination or the conclusion of the million dollar issue for the parking area to take over at that point. And in essence we have -- let me see if I understand this. In essence we have taken a 1.35 million dollar item out of our budget, let the other million dollars come up. In other words, we're just going to allow that to continue, and that'll go towards 800 megahertz. MR. HARGETT: Correct. COHMISSIONER HANCOCK: And eight, nine years down the road there we are. Is that -- is that a fair summary of -- again, I'm putting this in layman's terms because they're the only ones I understand when it comes to financial -- MR. HARGETT: In non-ad valorem revenues that come into your general fund, right now you are appropriating, budgeting 2.38 million dollars, one for the 800 megahertz and one for this debt service. COHMISSIONER HANCOCK: Uh-huh. MR. HARGETT: When the debt service goes away, that will be about a million thirty thousand dollars in your general fund that you would not otherwise appropriate over to fund 214 which is debt service and would be available for the board to budget as you -- at your discretion or -- COHMISSIONER HANCOCK: Or that would be a million dollars that as we look at a seven million deficit in two years that we can take right off the top and still meet the requirements of our commercial paper program. MR. HARGETT: That's correct. MR. DORRILL: That's correct. COHMISSIONER HANCOCK: Okay. Thank you. CHAIRPERSON MATTHEWS: I have one question. MR. DORRILL: You have one speaker also. CHAIRPERSON MATTHEWS: Okay. Mr. Dorrill, when Mr. Smykowski was giving us all this bad news last -- last week, I -- I note that in September when we approved the final budget we had approved a 15 million dollar borrowing issue to pay for this system at that time because we had to provide a funding mechanism for the F -- FCC. If we're only going to actually borrow eight million dollars and if we're only going to repay that at roughly a million or a million two a year, were all those numbers of that magnitude taken into effect when Mr. Smykowski built his budget news for us last week? Or did he use the 15 million dollar number with -- with amortization of that? MR. DORRILL: I don't know. I'd have to ask whether that was one of the assumptions that he had factored into that or not. CHAIRPERSON MATTHEWS: So we -- we may have a -- we may have plugged that 8 million dollar hole a little bit just in not having spent all 15 million dollars of that bond issue. MR. DORRILL: And then if I could give you an answer, I would. I can probably have one before the end of the afternoon. CHAIRPERSON MATTHEWS: Okay. I think if we could just -- MR. DORRILL: I understand. CHAIRPERSON MATTHEWS: -- share that because we're all being inundated I think right now with questions on -- on this budget -- budget issue. And -- and I -- I would like to show individually some things that we're doing to avoid -- MR. DORRILL: I understand. CHAIRPERSON MATTHEWS: -- millage increases. Commissioner Constantine? COHMISSIONER CONSTANTINE: Mr. Hargett, related issue, I understand you have some good news for us as far as participation from the fire districts? MR. HARGETT: Yes, sir. As of today, of the six independent fire districts, four have notified me that there has been action by their board to participate. There is a meeting of the fifth district tonight, and two weeks from tonight is the final fire district meeting. Iwve only talked with one with direct respect as to whether or not they wanted the county to finance. And they indicated no. But I have not spoken with the other three as to whether they actually wanted to have us finance it or not. COMMISSIONER CONSTANTINE: Is there any preliminary indication from the two who have yet to discuss it? MR. HARGETT: Iim told by Mr. Ijams that both of the fire districts, a spokesman, a commissioner for each of the remaining two districts, has indicated that the action would be for them to participate. COMMISSIONER CONSTANTINE: Great. CHAIRPERSON MATTHEWS: That the action would be for them to participate? MR. HARGETT: Yes. CHAIRPERSON MATTHEWS: So we have all six on board then essentially. MR. HARGETT: All six on board. COMMISSIONER CONSTANTINE: Thatls good news. CHAIRPERSON MATTHEWS: Thatls good news. COMMISSIONER HANCOCK: I think we should at least take the time to thank those individual fire districts for responding to our requests and working together with us on this. Thatls terrific. CHAIRPERSON MATTHEWS: That is good news. We have one speaker, Mr. Dotrill. MR. DORRILL: Mr. Pointer. MR. POINTER: Good afternoon, Commissioners. My name is Jack Pointer, and Iim about having passed out to you some statistics concerning the 800 megahertz radio system. As you know, a few months ago you authorized the purchase of this system with a contract with Ericsson Incorporated. In front of you you have the figures to show you exactly what that contract is for $8,232,000. Youill notice the infrastructure is $5,500,000 with a credit of four mill -- $1,419,000. On the left-hand column going all the way down is the various agencies and the various departments in the county, how much they will be expected to pay for the system, $2,426,000, making a total of 8 million dollars. What you were never told was that there was another proposal and another proposal bid that was never shown to you. The five-member radio evaluation committee plus the two -- two clandestine members that participated did not let you know that there was a bid much lower by far, a compliant bid much lower by far. CHAIRPERSON MATTHEWS: Mr. Pointer -- MR. POINTER: And the total is 8 million dollars versus $3,700,000. CHAIRPERSON MATTHEWS: Mr. Pointer, just -- MR. POINTER: Yes, malam. CHAIRPERSON MATTHEWS: Just a moment. Commissioner MacIKie. COMMISSIONER MACIKIE: Just a question, not having been on the board at the time, there was a five-member radio committee and two clandestine members? MR. POINTER: Yes, malam. COMMISSIONER MACIKIE: Can you enlighten me about who were the two? MR. POINTER: Okay. There were five members who were appointed, duly appointed, by the county manager and -- as they should be. I announced to that particular board that I was going to attend all meetings. I was called in by the president of the committee and asked not to because I would be a inhibiting factor knowing full well that I would discuss with each of the commissioners what was going on in there. After a very persuasive pitch, I agreed and said I would not come which I did not come. Immediately after that, Mr. David Craig and Mr. Chris Nind (phonetic) became the two clandestine members attending at all times. If you will look at the tapes, you will find Mr. Craig being thanked by the committee for his participation. And there's a letter in the -- in the dockets from Mr. Ijams indicating an illegal action by Mr. -- Mr. Nind. So there is your seven members who participated making the entire group -- COMMISSIONER CONSTANTINE: Mr. Pointer, what was the illegal action? MR. POINTER: What was the illegal action? That two members who are not appointed took place, participated, made judgments, and talked and -- and voted on the -- on the particular program that was going on. On the second page you've got -- COMMISSIONER HANCOCK: Actually -- well, let it go. CHAIRPERSON MATTHEWS: Okay. His question's answered. I'm sorry. Go ahead. MR. POINTER: On the second page here you've got some of the prices that you're going to have in front of you. At the present time your contract is 45,000 a year to maintain your system. Two weeks ago you proposed and you said that you were going to pay $405,000 per year for a 20-year contract or about 8 million dollars you're going to pay to maintain the system. The -- one of the fire department people asked were they going to have to pay. The county manager said no, this will be paid for by the county. So you committed yourself at that particular time to $405,000 a year maintenance over a 20-year period, another 8 million dollars on top of this 8 million dollars. You also are going to take care of maintenance of the repeaters. The contract that you have is for $192,000 a year compared to $5,000 a year that you're presently paying for the same thing. Over a 20-year period that's 4 million dollars versus 100,000. Who do you think is going to get the other 3.9 million dollars as a retainer? It's just not there. COMMISSIONER MAC'KIE: I didn't understand that. Where is that three -- where are you alleging that the 3.9 is going to go? MR. POINTER: Okay. I didn't allege. I just said where do you think. COMMISSIONER MAC'KIE: Okay. And what does that mean? MR. POINTER: Somebody is going to be paid 3.9 million dollars more than the cost of actually maintaining these repeaters. The cost of maintaining the repeaters is $100,000 a year. And somebody is going to be paid and Ericsson is going to be paid 4 million dollars -- I'm sorry, $100,000 for 20 years. Ericsson is going to be paid 4 million dollars for that same 20-year period, a difference of 3.9 million. The radios are going to come. Some small ones are going to come in a cardboard box. They are taken out of the cardboard box. You pass them across a computer. You take the cardboard boxes out to the landfill in Golden Gate. And we're going to pay -- for about 100 pounds of cardboard we're going to pay $40,950 to take those radios out of the cardboard boxes compared to no charge at all had you bought this other thing. If you will look on the next page, you will find that in effect this is a bait-and-switch affair. The county has said if you will join us, fire departments, if you will join us, city, if you will join us, school board, we'll charge you $1,536 a radio. However, as soon as you join, all the radios you get in the future we'll increase by $900 a piece to $2,400. Had you stayed with the system and heard the system that was -- the expansion of your own system which you never heard, the price was to begin with and in the future $1,180. I'm out of time at this particular time. I ask that you cancel the contract that you have and start back over. This is a waste of the taxpayers' money by the millions of dollars. You're up in the range of 20 to 30 millions of dollars over the next 20 years, just what I predicted over the years. And you'll notice that John Lunsford this morning in his particular column also pointed out to you that you had not been shown that particular contract. It was a valid contract not there. CHAIRPERSON MATTHEWS: I've got fingers everywhere. MR. POINTER: Yes, ma'am. CHAIRPERSON MATTHEWS: Commissioner Constantine. COHMISSIONER CONSTANTINE: Mr. Pointer, I've said this to you privately before. But the problem I have with this is during the entire process when we had the three different people here pitching their radio systems, E. F. Johnson had representatives here. MR. POINTER: That's right. COHMISSIONER CONSTANTINE: They did not stand and object. They did not stand and make this an issue. They did not stand and say, wait, one of ours hasn't been presented. They didn't stand and say, wait, those numbers are inaccurate. At no point did they stand up and do that. At no point during the protest period afterwards did they file that. And I'm thinking if it's me -- and I do marketing for a living. And if I put in a bid for something and there are three other companies or two other companies and whoever is doing the presentations of all of our bids, if they have mine inaccurate, I'm going to be the first one to stand up and raise hell about it. And I'm wondering why we haven't heard one peep from E. F. Johnson. I appreciate your persistence and your tenacity with this, but I haven't heard one word from E. F. Johnson. And if it was me and if it was my company and it was a multi-million dollar bid, I'd be raising all hell. MR. POINTER: Sir, may I -- Madam Chairman, may I answer his question? CHAIRPERSON MATTHEWS: Yes. MR. POINTER: Two things. One, RAM Incorporated or RAM Communications stated to you when you were the chairman, sir, that only 55 percent of the county can be covered by the Johnson system. You as the chairman stated something to the effect that this bothered you very, very much and you were much concerned about that. The people from Johnson said exactly this: Ours were done by pro -- our propagation studies were done by professional transmission engineers. We've also run them outside with outside consultants. We based ours, these calculations, on 75-watt transmitters. So it appears that they, RAM, have based theirs on 48-watt transmitters. So we, Johnson, can only assume that RAM has built in some loss in the system. At the other end, at the very top, E. F. Johnson used 12 DB gain antennas. RAM used zero DB gain antennas. The difference in that design is somewhere in the range of 325 watts of effective radiated power which definitely affects your design adversely as well as with the existing system we know that we're getting better than 55 percent. Out of your existing one we are getting close to 70 percent out of the existing system. COHMISSIONER CONSTANTINE: So we were made aware then -- MR. POINTER: Yes, sir. COHMISSIONER CONSTANTINE: -- of any objections. So we had the information on which to base our -- MR. POINTER: You had it right there. This is off of the tape, sir, word for word. And then on top of that, the -- COHMISSIONER CONSTANTINE: Jack, if we had the information and if they provided it to us that day, then we still made the judgment based on all the information. You're arguing both sides of the issue. MR. POINTER: No, sir. You did not -- you did not hear the particular -- the particulars or the dollar sign. They never told you what the dollars were. You were not given that. MR. DORRILL: And the reason for it, if I can interject just a second, Mr. -- and I admire Mr. Pointer a great deal, and I think he's a fine man. I meet with him throughout the course of every month. When he makes the statement that we prevented you from seeing a bid, that is an inaccurate, erroneous statement. We received three bids for this project, and your bid specification allowed a mechanism for any vendor in this country to bid an ad alternate. We didn't get any. We got three bids from three manufacturers. I don't discount the fact now after everyone has again divulged their bid that E. F. Johnson may have thought up a different way to skin this cat. The fact remains they didn't bid on that when they had an opportunity to bid on that. And I want to correct one other thing Mr. Pointer said. Our normal procurement practice allows and requires me to appoint an evaluation committee before you see the recommendations. We did that. And the people that I appointed are a matter of record: the one representative from the sheriff, the sheriff's communications official. And Mr. Nind was not one of those particular people who were selected. And it's my information that he never attended any of the meetings during which the deliberations of the committee. So to suggest that somehow that -- that he circumvented or was a clandestine member and influenced other people on the committee again is just inaccurate. To my knowledge -- I wasn't personally there, but we can go back and get the minutes -- Mr. Nind never attended any of the valuation meetings during which the committee was deliberating. CHAIRPERSON MATTHEWS: Commissioner Norris. COHMISSIONER NORRIS: Yeah, this whole discussion is -- if you'll excuse me, Jack, is pointless because for the simple reason that the decision was made long ago to go with a simulcast system which E. F. Johnson can't supply us. I mean tech -- MR. POINTER: Sir, sir -- COHHISSIONER NORRIS: That's not what you responded in the bid. It's too late to come back now and say that you can do that. MR. POINTER: Sir, E. F. Johnson supplied a bid for both simulcast and multicast in deference to what he said. COHMISSIONER NORRIS: And we long ago rejected yours as not being technologically what we wanted. MR. POINTER: Sir -- COHMISSIONER NORRIS: And, therefore, we have made the decision long ago to go with Ericsson GE. MR. POINTER: You never saw it. You never heard of it. COHMISSIONER NORRIS: I never saw it? I never heard of it? MR. POINTER: That's right. COHMISSIONER NORRIS: Well, then certainly then it wasn't in the bid, was it? MR. POINTER: It certainly was. I have copies. COHMISSIONER NORRIS: How could I -- MR. POINTER: That's where I got all these numbers. COHMISSIONER NORRIS: How could it be in the bid and I never saw it or never heard of it then, Jack? MR. POINTE: Because it was taken away from you. CHAIRPERSON MATTHEWS: Excuse me, excuse me. Let's stop this arguing back and forth. Mr. Pointer, unfortunately we -- we did see three bids. We did see E. F. Johnson, Ericsson GE, and Motorola, and we did make a selection. Our county manager tells us that we have met the bid process that we selected. I have asked him if we -- if E. F. Johnson was somehow prevented from bidding an expansion of the existing system. He assures me they were not. MR. POINTER: They bid it. It's right there, and he never saw it. MR. HARGETT: Madam Chairman, may I clear this up? I have a copy of the bids that were presented to the Board of County Commissioners. CHAIRPERSON MATTHEWS: I remember seeing three bids. MR. HARGETT: There were three bidders as the county manager indicated. E. F. Johnson submitted three bids themselves, a base bid and two alternates. CHAIRPERSON MATTHEWS: Uh-huh. I remember seeing them. MR. HARGETT: This is the document that you received that has all three of E. F. Johnson's bids on it. CHAIRPERSON MATTHEWS: And I - and I seem to remember, too, on the day that we awarded the bid that we listened to a bid protest from Ericsson GE, not from E. F. Johnson. MR. HARGETT: Further, I don't know if you want to address the technical issues that Mr. Pointer's raising. COHMISSIONER NORRIS: No, we've made that decision. MR. HARGETT: I'd be happy to address those if you desire. MR. POINTER: Thank you very much, ma'am. CHAIRPERSON MATTHEWS: Thank you, Mr. Pointer. Is there another speaker? MR. DORRILL: There was Mr. Roberson. MR. ROBERSON: I don't know if it's -- Robert Roberson, Everglades Communications. I sold the original 800 mega cycle system you have now. There were four bids. Three of -- the first bid that Johnson submitted was for simulcast. The other was a multicast. That's the one we're discussing now. I had a little thing going here, but it's obvious that you -- you guys don't want to save any money. I heard here today of all kinds of ponds and all kinds of things that you're going to have to spend the money. We have an opportunity today to save over four million dollars initially and ten million in ten years. But apparently -- CHAIRPERSON MATTHEWS: Excuse me, Mr. Roberson. Why didn't you protest within the protest period? MR. ROBERSON: I'm not -- I'm not a -- I'm the service representative here. I didn't -- we did protest it. We even tried to take it to court, but it was thrown out because the lawyers fought it and -- and forced themselves in -- in front of a federal judge. I mean, we did try to fight it. COMMISSIONER MAC'KIE: They did what? MR. ROBERSON: We stood here -- we stood here before -- before you, and -- and I wrote a speech telling you the expansion of the -- of the present 800 system was the most cost effective way to go. CHAIRPERSON MATTHEWS: I -- I remember there being an injunction, and it was lifted rather quickly. And we addressed it -- the contract the next day. MR. ROBERSON: Yes. And at the time that we was -- we was up for the -- the -- the bid process, only Mr. Constantine brought up the fact you don't have to be a rocket scientist nor do you have to be electronic wizard to understand that if you're getting 70 percent with the present system that adding several more towers is going to shrink it to 55 percent. It doesn't work that way. So something was definitely wrong. And Mr. Constantine picked up on it. He even questioned it. He said something's wrong. And it was wrong. CHAIRPERSON MATTHEWS: Commissioner MAc'Kie? COMMISSIONER MAC'KIE: I -- I just -- my -- my only question really sort of tags along with Commissioner Constantine's, and that is, is anybody here from Johnson? Has anybody -- if -- if Johnson has been mistreated or if they have some legal rights that have been abused or if somehow they -- they weren't treated properly in the bid process, then Johnson is the only one who has the right to raise those issues, I mean, the legal concept of standing. If they have a complaint, they should make it. MR. ROBERSON: Well, they tried to make it when they made it, and it couldn't go, and it went to court, and it got thrown out. COHMISSIONER MAC'KIE: Why aren't they here? Where are they today? MR. ROBERSON: They cannot come and interfere with the contract you already signed with Johnson. They would be liable. They'd have to have an invitation from you first to come down here and explain their position. They're not going to do that on their own. COHMISSIONER MAC'KIE: Because they had a process available to them which was protesting the bid, and they have exhausted that process and lost, so now it's over. CHAIRPERSON MATTHEWS: The bid protest was not from Johnson. It was from Ericsson. COHMISSIONER MAC'KIE: So they -- they didn't protest during the time that's allowed for protest. CHAIRPERSON MATTHEWS: Right. COHHISSIONER HAC'KIE: So their -- so their -- their opportunities are gone, and they had rights, and they should have exercised them. MR. ROBERSON: Well, then you just are going to waste four million plus and approximately ten million over the next ten years. COHMISSIONER NORRIS: You know, this is what I object to. The public doesn't know probably in all cases the technological difference between what you're talking about and what we bought. MR. ROBERSON: Yes, sir. COHMISSIONER NORRIS: And that's a disservice to the public to sit here and tell them that you're going to supply them for 3.7 million dollars what we're going to get for 8 million. That's just not the case. MR. ROBERSON: It is the case. COHMISSIONER NORRIS: It is not the case. COHMISSIONER CONSTANTINE: Madam Chairman, the discussion today was supposed to be on financing, not on who we were going to award the contract to. That was decided. That legally has been exhausted. I don't argue with you, Robbie. There were some questions on that thing, but that -- those questions should have been done, and you had a legal mechanism in which to raise those questions, and they weren't. And so -- MR. ROBERSON: Okay. Thank you. COHMISSIONER CONSTANTINE: -- we don't have a whole lot of choice from a legal perspective now. CHAIRPERSON MATTHEWS: We really -- we really don't at this point. COHMISSIONER CONSTANTINE: E. F. Johnson's not complaining. CHAIRPERSON MATTHEWS: Commissioner Hancock, do you have a question? COHMISSIONER HANCOCK: My only comment -- and I'll make it very quick, and it piggybacks on what Commissioner Norris just said -- we have a letter from the State of Florida Division of Communications stating that multicast systems are far superior and the preference to a simulcast system; is that correct? That's the paperwork I've seen. Do I have it backwards? COHMISSIONER NORRIS: Backwards. COHMISSIONER HANCOCK: I'm sorry. That's why Mr. Nind's face was getting all screwed up over there. The simulcast, excuse me, is far better than multicast. And when we're dealing with the life of a police officer, my brother's a detective in Hillsborough County. And if he ever got shot and didn't get help because he was in a warehouse and his radio couldn't transmit, that's worth four million dollars to me, ladies and gentlemen. We're talking about the lives of our police officers. Let's not be cheapskates about it. Let's do it right. MR. HARGETT: Madam Chairman, if I could -- CHAIRPERSON MATTHEWS: Yes. MR. HARGETT: -- for the board's benefit as well as people who might be listening, I think the numbers that Mr. Pointer used are accurate but out of context in terms of what we may be paying. The eight million that you saw as a capital cost, we currently have two systems that we're operating. One is maintained by the sheriff. One is maintained by our EHS department. Those are operating costs, costs that are not in this capital project that you're talking about. And he did some -- some fast numbers for you, and they seem to be accurate. But the -- we've done our own look at what it will cost us to operate the new system as compared to our present two systems. We've been in consultation with the sheriff, and all of those items are outside of this. There are maintenance costs which are, in fact, shown in the contract and included in the capital cost as part of this warranty work that is provided. And Mr. Pointer's pulled those out as if they were add-ons. There are add-ons when you start talking about operating costs, but it's really not apples and apples when you're comparing the capital cost of the system you selected versus the capital and operating costs of some other system. So with that clarification, I appreciate it. CHAIRPERSON MATTHEWS: Thank you. COHMISSIONER NORRIS: I think we discussed this over the years long enough where we don't need to get back into technical issue, so I'm ready to make a motion. COHMISSIONER CONSTANTINE: I just want to say one thing, and that is, it's misleading -- and that's being kind. It's misleading to say -- when you stand up and say, well, apparently you're not interested in saving four million dollars because there was a whole process we went through. There were different technologies. There were all kinds of little side issues. And to try to pull that out of the woodwork now, I don't want to read a headline tomorrow that says, commission decides to spend extra four million dollars, because that's not accurate. We've been through a full process. There was a manner in which to protest if the vendor thought that an error was made, and they didn't protest it. COHMISSIONER NORRIS: The thing is, if we're going to stay in the stone age with multicast, we might as well go down to Radio Shack and buy walkie-talkies and save a lot of money. But we're trying to get some technological advances here. I'm going to make a motion that -- that we use the commercial paper program as our funding mechanism and continue to budget the one million three hundred fifty thousand currently budgeted in fund 301 as our funding source. COHMISSIONER CONSTANTINE: I'll second that. CHAIRPERSON MATTHEWS: Okay. COHMISSIONER HANCOCK: And my understanding is that will allow us to retire the one million that we talked about that Mr. Hargett said in case we should happen to need that in the near future to answer a deficit, so that's -- CHAIRPERSON MATTHEWS: Just the near future. Mr. Dotrill, I saw Mr. Smykowski come in and talk to you, and you shook your head no. I presume that it's not what I wanted to hear. MR. DORRILL: He's going to elaborate on that. He said preliminarily that they had taken that into an assumption that it would roll over and be necessary for some purpose, either to continue with the -- the commercial paper program that was there as part of this financing, but you -- you didn't get to count it twice. CHAIRPERSON MATTHEWS: Shucks. COHMISSIONER HANCOCK: It was a nice try, though. CHAIRPERSON MATTHEWS: I know. I keep trying. We have a motion and a second to fund this program with the commercial paper program; is that correct? COHMISSIONER NORRIS: Uh-huh. CHAIRPERSON MATTHEWS: I'm going to call the question. All those in favor please say aye. Opposed? There being none, motion passes five-zero. Thank you. Item #10A RESOLUTION 95-138, APPOINTING DISSELER, BILES, NEALE, DUNNUCK, BLANCHARD, MEYER, HAYNES, MARZULLO, CORIACI & VANN TO THE MARCO ISLAND VISION PLANNING COHMITTEE - ADOPTED Next item on the agenda, 10-A, which is appoint -- COHMISSIONER NORRIS: Miss Chairman, on this one -- CHAIRPERSON MATTHEWS: Yeah. COHMISSIONER NORRIS: -- we had more applicants than we do slots, and I think that the fair way to handle this is to take them in the chronological order that we received them. And, in fact, that happens to be the way they're -- they're notated with asterisks in our back-up material. CHAIRPERSON MATTHEWS: Uh-huh. COHMISSIONER NORRIS: The three that were not with asterisks were the last ones to come in and came in I think, Miss Filson, on the day before and the last day of the -- is that about right? MS. FILSON: I received them last. I don't -- I haven't -- COHMISSIONER NORRIS: The very last ones. In any way -- MS. FILSON: I can check for you if you like. COHMISSIONER NORRIS: In any case, I think chronological order might be the fairest on this, and I'll make a motion that we appoint the ones notated with asterisks there. COHMISSIONER HANCOCK: I'll second that also noting that the visioning process will encompass the entire community. So those three people are certainly not exempted by not being on the committee. CHAIRPERSON MATTHEWS: Certainly not. We have a motion and a second. All those in favor please say aye. Opposed? There being none, motion passes five-zero. Item #10B DISCUSSION RE PRESERVATION 2000 RESOLUTION - LETTER TO BE SENT TO CCPR, INC. STATING LACK OF SUPPORT FOR THE PROPOSED RESOLUTION Next item is 10-B. This is a letter that I received from David Russell, Citizens for Constitutional Property Rights, asking us to put this on the agenda, and I was asked to do it. I did so. That doesn't necessarily mean that I am in favor of its contents. So -- and I think that we probably need to discuss it. This is a limitation of 25 percent of the lands of any particular county be limited to federal and state ownership. And in Collier County we're already close to 50 percent. COHMISSIONER CONSTANTINE: We well exceed it. CHAIRPERSON MATTHEWS: So we already exceed it, and I'm not sure that we particularly want to have to manage the Everglades National Park or the Big Cypress Preserve. COHMISSIONER CONSTANTINE: I'll tell you what. This doesn't stand a prayer passing in Tallahassee. However, I think it would generate a great debate on private property issues. And with that in mind, I'd support perhaps not the exact 25 here but some sort of resolution or some sort of debate on the issue because I think you get to a point where -- 25 percent's not it, but you get to a point where perhaps it's too much. I don't know what that point is. CHAIRPERSON MATTHEWS: Uh-huh. COHMISSIONER CONSTANTINE: But that would certainly -- perhaps through the debate we could define -- the state could define what that is. MR. DORRILL: You have two speakers. CHAIRPERSON MATTHEWS: Commissioner Hancock? COHMISSIONER HANCOCK: My -- my feeling on this -- and I agree the property rights issue is something that on a national scale we're going to be seeing more and more of. I'm more interested in the equity issue of being compensated fairly for takings of property. And I'm not so sure an arbitrary percentage is even the right avenue to approach there. So I'm -- I certainly don't want to oppose the idea of investigating this and looking for a resolution. But I find the resolution will probably fall more in -- in the takings issue legislation that is coming about and that is being worked on. I think it was defeated or never made it to the floor last year in the state. I would appreciate it if this organization would redirect their efforts in that sense as opposed to a -- a percentage cap. That's my personal opinion and what I would like to support. CHAIRPERSON MATTHEWS: I -- I -- this -- as I read through it, it's got a little bit of something in it for everybody. But I am having difficulty with the 25 percent cap. I don't have any problem at all with the Preservation 2,000 funds and the fact that it's borrowed money without a funding source for repayment. Where have we heard that one before? But I -- I do have -- have some trouble with that. I do have trouble with the listing of property and the not purchasing it within a defined period of time. But I'm just not sure that we as a county commission should endorse this particular piece of paper because of all of the contents of it. COHMISSIONER CONSTANTINE: I might suggest we send a letter -- CHAIRPERSON MATTHEWS: If we can pick and choose -- COHMISSIONER CONSTANTINE: -- under your name as chair picking the items we're comfortable with, and I think you're right. The 25 percent is -- that's too much of a cookie cutter thing to put into effect to every county statewide, but there are several good points in here. And maybe we can send a letter endorsing those points. CHAIRPERSON MATTHEWS: The points that we do agree with? COHMISSIONER MAC'KIE: I'd like for us to discuss what those are because I have absolutely no interest in a percentage cap on what is an appropriate amount of property for -- for government to Own. I have a great deal of interest in what's the process for acquiring the property and whether or not people are adequately compensated and how the amount of time that a piece of property sits on a list affects their compensation. But -- but these kinds of decisions, the private property right is to be adequately compensated if, in fact, there is an overriding governmental interest that requires us to take the property. So I have no interest in a percentage cap. I have a great interest in pursuing something for adequate compensation. But -- but these aren't choices that should be made based on a percentage of the total property. CHAIRPERSON MATTHEWS: I think we have some speakers. Do we have some speakers, Mr. Dotrill? MR. DORRILL: Yes, ma'am, you have two. Dr. Gore. CHAIRPERSON MATTHEWS: Dr. Gore? MR. DORRILL: And following he I have Hiss Straton. MR. GORE: For the record, I'm Jim Gore. I'm with the Conservancy here in Naples. And I just wanted to point out a few things about the resolution, and many of these things you've already expressed concern about as well. I suspect that part of the resolution was -- has originated, as you have mentioned already, from frustration with the speed with which the CARL program and a number of the other land acquisition programs have been administered. As a matter of fact, we discovered that ourselves in the Belle Heade work group hearings this past year when we were examining alternatives to acquire the Belle Heade or get the Belle Heade properties acquired by the CARL program. We were told that, in fact, at that point that the lands division at its ranking of 46 would take approximately 50 years to acquire the Belle Heade. And I think everybody on the work group, whether they were conservationists or environmentalists or land owners, were quite dismayed when they heard that. On the other hand, we did ultimately work to arrive at a situation in which the Belle Heade was increased in ranking from 46th to 4th. And in that position it can be acquired in about five years' time which is, at least as far as the Conservancy's concerned, an adequate time period. And it may be that what needs to be done is the land division needs to be approached and prodded into determining what kind of protocol might be adopted which would accelerate this procedure. And that's certainly something that we would endorse as well. It's certainly unfair to the land owners to say 100 years from now or 50 years from now we might be able to purchase this property. It makes it unfair to the land owners, and it certainly makes it unmanageable from a conservation viewpoint. So that's something that needs to be considered. However, that doesn't mean that we need to throw out the baby with the -- with the bath water. P 2,000 is indeed a valuable process to assure the protection and management of large blocks of unique ecosystems in Florida, and that's something we still need to consider. And it extends beyond the boundaries of those public lands. The Belle Meade and the east blocks through the -- the -- excuse me, the south Golden Gate through the Save Our Rivers program, if it's ultimately restored to its original flow patterns, assures and maintains a lot of the ecological integrity of the 10,000 Islands, Rookery Bay. That's all part of the quality of life that Florida residents enjoy. It is a willing seller program. There should never be any kind of threat of condemnation or any kind of coercion involved. Nevertheless, condemnation has been done, and that's up to the state legislature to adjust. The other thing that needs to be taken into consideration just in passing is that the resolution as it's stated now says 25 percent to federal and state ownership. It doesn't just -- it doesn't say just the land purchased through P 2,000. So I assume then that this also includes federal highways, state highways, their easements, military facilities, the Native American reservations. All of those things also have to be included, I assume, as the resolution is written now. And that's going to cause a great deal of problems for you, I would assume, in determining which of those properties you would also want to give up to meet that 25 percent cap. CHAIRPERSON MATTHEWS: Does that mean we can get the gaming palace back if we -- MR. GORE: Well, you'd have to talk to the Caloosas about that, I suspect. At any rate, that's something else that needs to be taken into consideration. One of the other things which I'd like to point out is there is a concern about loss of the tax base. It's true that the public land doesn't create a tax or doesn't necessarily create revenue for the county. On the other hand, to manage conservation lands is considerably less expensive than to measure -- to serve that same land if it's private property. Recent studies have shown, for example, that the cost to taxpayers to maintain and manage conservation lands ranges between about 35 cents and 65 cents an acre. If that same land is developed in public or private property, the taxpayer's going to have to pay about a dollar twenty-five cents per acre to provide services like fire, police protection, utilities, and all of those kinds of things. And so the taxpayer still pays more even though the hand is -- the land is in private hands. COMMISSIONER CONSTANTINE: Actually I gotta disagree with you there. The -- a couple of years ago when the water management district was -- raised the millage to pay for some of the crude land, that question was asked of someone from Palm Beach. How much does it cost to administer this? And he said 18 to $22 per acre for those type programs. So at 20 bucks an acre, they're looking at 55,000 acres for the two trusts. That's 1.1 million bucks a year to have the land sit there. That's a far cry from 35 cents. MR. GORE: That's true. I'm unaware of those -- of that so '- CHAIRPERSON MATTHEWS: Commissioner Hancock. COMMISSIONER HANCOCK: We could probably get today into a very long discussion on the CARL project. I personally feel that yes, 1,500 years is too long to wait on a list. So is 30 days. If you're going to buy somebody's land, buy it. If you're going to tell the world you're going to buy it and you're going to diminish his value over a long term, you owe him. It's that simple. So land acquisition by itself is fine, but let's do it the right way, and let's not create lists. Those are the elements of this that I would like to -- to support. Is it -- the listing of properties for potential acquisition is a true diminution of value on those properties, and it should not be allowed. So if we want to narrow this down -- I -- I -- I don't think you're going to see this board supporting 25 percent. I don't think there's any interest in getting into that. But I -- I do think there are sections of this that are a reiteration of private property that this board has made past statements regarding. And if we want to reiterate those again, I'm all for it. MR. GORE: I think you'll find that the conservation groups would support some of those private property owner rights as well. COMMISSIONER HANCOCK: I don't think it's totally adverse. I think there's some middle ground there, sir. MR. DORRILL: Ms. Straton and then Mr. Perkins. COMMISSIONER HANCOCK: In a hurry, Chris? MS. STRATON: Make it real fast. Coincidently today the cabinet -- Governor and cabinet are voting on the CARL list. And through lots of efforts within the community, we have moved Belle Meade from 46 to 4. And indications are that it will be there. As you move forward in whatever correspondence you send on this, I would like to take issue with the issue of the devaluation of private property by listing. I think before this county commission takes a position in that they might want to check with counsel. I understand in talking just casually with David Bryant that the federal courts have ruled that putting land on a CARL list does not amount to a condemnation blight which is what is being alluded to in this document. So before you take such a position, you might want to check with counsel. COMMISSIONER HANCOCK: Excuse me, Miss Straton. I'm aware of that ruling. That doesn't mean I have to agree with it. MS. STRATON: Oh, okay. CHAIRPERSON MATTHEWS: Also, Chris, the -- the listing of the property may in and of itself not create a condemnation. But it does create a cloud over the ability to sell the land. MS. STRATON: I have great sympathy for people. That's why I personally worked so hard to get the Belle Meade property moved up on the list so that there would not be inordinate amount of time. It's just -- just in terms of if you're aware of the ruling, I don't want -- COMMISSIONER HANCOCK: That was exactly my point was that yes, there is a diminution was the word I used, not condemnation, but in my opinion a diminution. COMMISSIONER CONSTANTINE: Good word. MS. STRATON: Okay. And the other thing is in terms of -- just as a way of reminding, this -- that there are Preservation 2,000 dollars that the county itself have applied for for part of mitigation with Belle Meade. We did not receive that particular grant, but there are dollars that are coming to the county itself to be a benefit to him -- to us. And Mr. Gore did talk about the fact that there are studies that have looked at the cost of community service of residential development versus industrial versus commercial and versus vacant land. And while it may be off the tax rolls, we also are not providing those services that everybody wants. So on behalf of the League of Women Voters who's taken a strong position in support of Preservation 2,000 as well as the Audubon people, I think that we will continue to see in Tallahassee efforts in private property rights issues. They have been looked at for years after years after year, and those issues will be coming up again. And hopefully we'll be able to -- to support something that everybody will buy into that would be beneficial. CHAIRPERSON MATTHEWS: Thank you, Miss Straton. Mr. Dotrill, on the other side of this -- this coin of property coming off of the public tax rolls, for this -- this property, the Big Cypress Preserve, the panther preserve -- and I don't think it's true with Everglades -- maybe I'm wrong -- but don't we get Pilt funds for -- for portions of -- of this land? MR. DORRILL: We get Pilt funds for both Big Cypress and Everglades National Park. We get a separate type of Pilt from the U.S. Fish and Wildlife Service for the National Panther Preserve. COMMISSIONER HANCOCK: For the panther preserve? And those funds are -- I think the last -- when I last read about them, they had doubled last year. And they're like a dollar and sixty or a dollar and seventy cents an acre now? MR. DORRILL: They -- they did for the panther preserve. I'd have to check and see what the actual Pilt payments were for the Department of Interior. CHAIRPERSON MATTHEWS: So, I mean, I'm just trying to lay out both sides of the same picture. That's all. Mr. Perkins. MR. PERKINS: Good afternoon. We're still here. A1 Perkins, Belle Meade Groups, Citizens -- CHAIRPERSON MATTHEWS: Have you changed your mind on us? MR. PERKINS: Citizens for Constitutional Property Rights. I'm speaking on behalf of David Russell, president. Naturally we would like to see you pass this resolution, right. Now, let's go back to some particulars. The south blocks have been on the CARL list for the last 16 years, and they're still there. And they're still on the -- haven't been paid for and haven't been bought. The Fakahatchee Strand is still there, and it hasn't been bought. Now, as far as the Belle Meade goes, it's still there, and it hasn't been bought for the simple reason they don't have the money. Yet they see fit to take Preservation 2,000's money and supply it through Save Our Rivers to supply it to the South Florida Water Management to flood out the people in the Belle Meade area. We are under water, and it's because they've raised the weirs out there, done deliberately just in time. Lawsuits are pending. I want to make a statement right now. As a veteran of a foreign war -- and some of you people are veterans -- I want to take and repeat something that Rush Limbaugh and Walter Cronkite said. Communism and socialism is still alive. And we have it right here as far as the environmentalists. They are here to pad their own pockets because if they were on top of it, we wouldn't have had that fish kill today. You wouldn't have had the doggone deer dying out there. There's a lot of things. They talk out of both sides of their mouth. Taxes, the Belle Meade and the southern estates generate over two million dollars' worth of taxes, and we get nothing for our money. COMMISSIONER HANCOCK: We do put out those fires, A1. MR. PERKINS: Yes, you do. And I have to take and say to the fellas that go out there to fight a fire around a house who hasn't been there, the fires are up 40 feet. And if you get close enough, you singe your eyebrows while a guy's house is going up in smoke. This is because they can't get to the fire because -- COMMISSIONER HANCOCK: Didn't mean to divert you there, A1. MR. PERKINS: Yeah, but you made a very valid point whereas they're trying to stop and plug up all the holes, all the roads so we can't get in and use a place that's under the CARL project. And CARL is conservation and recreation. But they don't want you to use it. You can't get into any of the places across the Alley. Let's go to the money. Three billion dollars of borrowed money with a nine billion dollar debt service? We can't even support our schools. And the state of Florida has lied to you about the lottery. They distorted the doggone money. Yeah, you people out here are as old as I am. What about your grandchildren? COMMISSIONER NORRIS: A1, A1, over here, please. MR. PERKINS: Okay. What about your grandchildren? What about your grandchildren? COMMISSIONER NORRIS: I don't have any. COMMISSIONER CONSTANTINE: We're two generations behind that, A1. MR. PERKINS: That's very important. But, I mean, are they going to end up paying for this while some people take and pad those pockets because that's what it amounts to? We can't support the schools. We can't support our jails. I don't know where we're going to go with this. Land values do go down. Now, they moved it up to fourth on the list, and that is because we would not negotiate or sell out. We're still not going to sell out. There's a lot of people out there who have built homes and are willing to fight for it. Now, when I say fight for it, I want you to remember one thing. When you're being shot at -- and you veterans know what I'm talking about if you've been down that road -- just remember what you did. You didn't stand there and took it. You shot back. This could come to this. It's just that simple. With that, while all of the new taxes -- I understand in the paper you got 29 percent new taxes. Where are you going to get the money? CHAIRPERSON MATTHEWS: Not yet. Not yet. MR. PERKINS: Where are we going to get all this money, and who are we going to put it on? CHAIRPERSON MATTHEWS: We're working on it. MR. PERKINS: Now, with everything I heard here today in theory, in theory, along with the landfill and all the rest of the stuff, I really don't have to worry about it because I will never live long enough to survive it. But my grandchildren and the rest of the kids in this neighborhood will. So with that, I will close. Thank you very much. CHAIRPERSON MATTHEWS: Thank you, Mr. Perkins. COHMISSIONER CONSTANTINE: I think Mr. Hancock will probably make a motion in a minute, and I'll probably second that motion. But I just want to say one thing. What we're being asked to do here is for a statewide initiative. So when the argument is that Belle Heade's being moved up from 46th to 4th, that means somebody else is just going to have to wait that much longer wherever they are in the state of Florida to have their property purchased. So to shuffle it to somebody else doesn't solve the problem. COHMISSIONER HANCOCK: I'm not going to assume a second at this point because I've changed tag a little bit. I look at this -- and I didn't look at this and try to pull out little individual pieces that I liked and little pieces that I didn't. So I'm not prepared to take section 2 and 4 and say, let's support this and not support the other. I think because of some elements such as the 25 percent cap that I can't support this overall, so I'm going to make a motion that the board not enlist its support to this particular document. But I think some of the discussion we've had today may lend itself to statements to be made to the state legislature at some other point or a more appropriate mechanism. So that's the motion I'm going to make. CHAIRPERSON MATTHEWS: That we not endorse this program. COHMISSIONER HANCOCK: That we not endorse it and not that we go pulling out pieces. We may want to come back and do that later. COHMISSIONER CONSTANTINE: I'll second that. Might I suggest -- and this is just something that popped in my mind -- but we have sent a couple of fairly strong-worded letters in opposition to Belle Heade even appearing on the CARL list. Perhaps we should just send a copy of that to Mr. Russell in response. COHMISSIONER HANCOCK: I will amend the motion to include that. CHAIRPERSON MATTHEWS: We have a motion. Second? Is there a second? COHMISSIONER CONSTANTINE: Yeah, sure. Sorry. CHAIRPERSON MATTHEWS: I was just ready to kill the motion. We have a motion and a second not to endorse this particular resolution but to instead send to Mr. Russell letters that we have previously sent I guess to other state agencies -- COHMISSIONER NORRIS: Before we vote, let me ask one question that I need to know. CHAIRPERSON MATTHEWS: I think I need something a little more clear. COHMISSIONER NORRIS: Is it appropriate -- these people sent us this resolution and asked us to support it or not support it. It's probably not appropriate for us to amend it and then say we're supporting the amended motion -- I mean amended resolution; is that correct? What would you think on that? MR. CUYLER: I think that probably what you should do taking the position you're taking is probably write a letter back to Mr. Russell saying, you know, we certainly don't object to all -- to all of the resolution. There were some parts that during -- during discussion were brought out as being good points. However, there's some things the board would not be in a position to agree to. Therefore, we didn't adopt it. Attached is the letter that Commissioner Constantine mentioned about Belle Heade. COHMISSIONER NORRIS: Well, my point is that I think that this board has been asked to support this resolution. We either do it in toto or we can't do it. CHAIRPERSON MATTHEWS: Uh-huh. MR. CUYLER: I think if they're looking for statewide support, yes, it has to be something -- COHMISSIONER HANCOCK: That simply is a reason for my motion not to support it is because we can't support each element of it. Therefore, I think it's our obligation to either support in whole or not. And I -- I think it's -- it's the something we don't want to support in whole. CHAIRPERSON MATTHEWS: Okay. COHMISSIONER CONSTANTINE: We'll still send him a copy of that old resolution. COHMISSIONER HANCOCK: I think Mr. Cuyler's suggestion is correct is that we -- if the chairman would be kind enough to draft a letter and include the response that Commissioner Constantine has -- CHAIRPERSON MATTHEWS: There is a resolution that was passed I want to say 1993 -- COHMISSIONER CONSTANTINE: Yeah. CHAIRPERSON MATTHEWS: -- mid-year opposing the listing of Belle Heade property on the CARL list. And I would be glad to draft a letter to David Russell explaining the position that we have taken and that we can't support the resolution in -- in toto but attached is a resolution that we did support 18 months or 2 years ago. COHMISSIONER MAC'KIE: Just -- just -- CHAIRPERSON MATTHEWS: Commissioner Hac'Kie? COHMISSIONER MAC'KIE: Just to clarify, I wasn't on the board when you -- when you passed that Belle Heade resolution, and I'm not sure I would have voted in support of it. And so I would appreciate it when you send it if you clarify that this is something a former board, not -- because I'd like the ability to rehear the issue before I endorse that former resolution. COHMISSIONER HANCOCK: That's a good point. If all that can be enclosed in a motion, so be it. COHMISSIONER NORRIS: She -- she could vote against this particular motion. COHMISSIONER MAC'KIE: Right, and that's why I'm asking. If -- if the motion is that this board is going to restate its support of the former position -- COHMISSIONER CONSTANTINE: I'm just saying send him a copy so he knows. COHMISSIONER MAC'KIE: -- then I'm going to oppose the motion. So I've got to be clear about that. COHMISSIONER CONSTANTINE: My suggestion when I asked to amend the motion was simply rather than send a blank letter that says we've denied this resolution or we're not interested in supporting this resolution so that at least we give them the courtesy of knowing yes, we do have some of these same concerns, we send them a copy of this resolution we passed in the past. And it will be dated appropriately. And if you want to include in there it was a past commission -- COHMISSIONER HANCOCK: I'll amend the original lengthy motion to include that this is a -- a position adopted by previous boards. COHMISSIONER HAC'KIE: CHAIRPERSON MATTHEWS: COHMISSIONER MAC'KIE: CHAIRPERSON MATTHEWS: second accept the -- Okay. Okay. Thanks. We have a motion. Does the COHMISSIONER CONSTANTINE: Oh, absolutely. CHAIRPERSON MATTHEWS: Okay. I'll call the question. All those in favor please say aye. All those opposed? Motion passes five to zero. I will -- I will get a letter off to Mr. Russell again with a copy of the resolution that was passed in 1993 with the appropriate comment in the body of the letter. How's that sound? COHMISSIONER HANCOCK: Just dandy. CHAIRPERSON MATTHEWS: Next item -- COHMISSIONER CONSTANTINE: Does that mean -- just kidding. COHMISSIONER MAC'KIE: Shut up. Item #10C A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, URGING THE REPEAL OF THE NATIONAL VOTER REGISTRATION ACT (NVRA), OR ALTERNATIVELY, THE DELAY OF NVRA IMPLEMENTATION UNTIL FUNDED BY FEDERAL GOVERNMENT - CONTINUED TO 2/28/95 CHAIRPERSON MATTHEWS: Item 10-C, resolution by the Board of County Commissioners urging the repeal of the National Voter Registration Act. Again, this is on the agenda. There has been much discussion about it. I'm having some difficulty. COHMISSIONER HANCOCK: Yeah. Madam Chairman, we might be able to kind of -- CHAIRPERSON MATTHEWS: Yeah, I've got some additional wording. Mary, did you want to address this issue? MS. MORGAN: Commissioners, I want to thank you for offering to support a program letting Congress know how we feel about this. But after much deliberation, I'd like to request that we not adopt this particular resolution because I don't think any of us intended for it to appear that we were trying to deny anyone the right, the opportunity to register or to become a voter and participate in the election process. So I think that we can resolve a lot of concerns if we don't adopt that particular resolution. And there is another way in which we could go. I would like to urge you to adopt a resolution which is aimed towards our legislative delegation here in Florida that would ask them to repeal the provision of Florida's driver's license law that allows the issuance of licenses to people who are not considered full-time residents of this state. And with over twelve million licensed drivers, approximately one million people hold a valid Florida only license. They do not forfeit their out-of-state license at the time. They obtain that valid Florida only license. And so there's the potential there for those people to be registered in multiple states. Representative Livingston has agreed to sponsor a bill, and I would like to urge you to urge all the members of our delegation to sign on as co-sponsors of that bill. That way we have bipartisan support in both houses of the Florida legislature to repeal that measure. The next part of my recommendation is that you adopt a resolution or a letter and send it to the members of our federal government of Congress asking them to in the spirit of action that they've taken recently which indicates they would not pass any more mandates without providing funding if they would go back merely and revisit the National Voter Registration Act and provide the funding that's necessary to implement that. The national bill initially made provisions for some relief to local governments with respect to discounts on postage. And the same Congress that passed that act failed to make the necessary appropriations to provide us that relief. And so at this point let's just urge them to revisit and provide the funding for the measure. And if they don't make some accommodation, then in a year let's come back and consider a resolution that would send them the bill for these additional costs that we've had to foot this year. But at that point in addition to sending the bill, we'll have a better feel for what types of real problems there seem to be with the bill. And perhaps they will be more willing to listen to areas that perhaps need some adjustment. CHAIRPERSON MATTHEWS: Commissioner Constantine? COHMISSIONER CONSTANTINE: Obviously our intent is not to prohibit any eligible U.S. citizen -- MS. MORGAN: It's not to prohibit anyone, huh-uh. COHMISSIONER CONSTANTINE: -- to prohibit any eligible U.S. citizen the right to register to vote -- MS. MORGAN: Correct. COHMISSIONER CONSTANTINE: -- or to participate in the voting process. But I'm not sure what you've suggested goes far enough because it is possible -- while you are correcting the out of staters who may have Florida licenses, it's possible for someone to be a resident or part-time resident of Florida to have a license in Florida and not even to be a U.S. citizen. They can have a driver's license -- MS. MORGAN: You can have a license and not be a U.S. citizen. But the driver's license bureau began asking each person who's licensed on January 1 of '92 about their citizenship. That was done with a totally unrelated measure. It was done in preparing the change-over for the source for your jury selection to come from the driver's license list as opposed to the voter registration list. And they've been doing that since January 1 of '92. COHMISSIONER CONSTANTINE: I want to follow up. My point is just there are other areas of potential fraud here. MS. MORGAN: There are, but I don't think the federal government would be willing to address those until we're able to provide them with some hard facts about where those areas exist. It may differ from one state to another. COHMISSIONER CONSTANTINE: Let's wait till the problem happens before we try to correct it. MS. MORGAN: No, I'm just saying give us -- we've got time as those problems arise to go back and address them. COHMISSIONER NORRIS: Let me ask -- CHAIRPERSON MATTHEWS: Commissioner Hancock was next, Mr. Norris. COHMISSIONER HANCOCK: I want to echo some of what Commissioner Constantine said because as -- as you've stated, the idea of more and more people given the opportunity to register to vote is terrific. The inherent problems that it's creating are going to become cumbersome and costly for this county. So we need to attack the problems and not the idea of increased voter registration. So, again, just addressing the two points you brought out, my gut feeling is that that's not enough, but it's at a minimum what we should do. I would suggest that a resolution come back to us with the wording addressing those two things as opposed to trying to hammer it out by discussion here today. MS. MORGAN: That's fine with me. COHMISSIONER CONSTANTINE: Is that a motion to continue? CHAIRPERSON MATTHEWS: Commissioner Norris? COHMISSIONER NORRIS: Ms. Morgan, before this so-called motor voter bill was enacted, were we denying anyone their constitutional rights to register to vote? MS. MORGAN: No, sir, we were not. But I will be real candid with you and tell you that not all of the 67 counties in Florida were making the opportunity to become registered voters as easily available as those counties in south Florida tended to do. The counties up in the panhandle tended to have a single office for voter registration with occasional special drives where we in south Florida were so inundated with this large population that we were forced to look for alternative ways to process the people since we were restricted by the physical plant at our courthouses. COMHISSIONER NORRIS: Okay. But my point being that before this bill we were registering everybody who wanted to register. And there was very, very little fraud, would you say, because of the ability to check that we had? MS. MORGAN: In terms of whether or not there's fraud, as items were brought to our attention, we've -- we've forwarded those to the state attorney's office. But again, people who register are on the honor system, and they're on their honor system to tell you the correct information. And some people choose to misrepresent that at the time they register. They did that under the old system, and they'll continue to do that under the new system. COMMISSIONER NORRIS: Okay. So my point is that we were not denying anybody their right to vote before, and we had a much lower rate of fraud than we do after this bill which allows people to maybe inadvertently misregister themselves, let's say. So I don't see that we have gone in a positive direction by having the motor voter bill. It seems to me we've gone in a negative direction by increasing the amount of unauthorized voters, people that don't -- don't really have the right to be Florida voters or Collier County voters. So I support this resolution perhaps as it sits without modification. CHAIRPERSON MATTHEWS: Commissioner Mac'Kie. COMHISSIONER MAC'KIE: I -- I'd like, if it's appropriate timing, to move that we continue this for a couple weeks to get some revised language on a resolution. I -- I don't support the blanket resolution that's in our packet, but I do recognize that there are serious problems that have to be addressed. And I think Mrs. Morgan has identified some solutions to them, the first step perhaps being this valid Florida only issue. And there may be others. So -- so I would move that we continue this for two weeks for further consideration. COMHISSIONER HANCOCK: I'll second that motion. I -- my initial action was a repeal. But like Miss Morgan, I think we may be sending a message there that isn't necessarily true. MS. MORGAN: Right. COMHISSIONER HANCOCK: And so I would like to get the bugs worked out of it, and I think that's probably the -- the attack that we should take. COMHISSIONER CONSTANTINE: I'll support the motion to continue, but I hope that we can perhaps come up with a hybrid. If we don't want to pass a full repeal, I don't want to be quite as soft as I think Mary has suggested today either. I'd like to be a little bit more aggressive. COMHISSIONER HANCOCK: Agreed. I'd like to attack the particulars a little bit more. CHAIRPERSON MATTHEWS: Well, I would suggest -- I mean, I don't have any problem continuing it. But I think I would suggest that we ought to give our staff direction as to what we want them to bring back. I'm not hearing anything in the motion related to what staff is to accomplish over the next couple of weeks. MR. CUYLER: If -- if I hear nothing else, you will see probably this resolutions -- this resolution and the two resolutions that Hiss Morgan spoke about. And then if you want, you can pick and choose from the language in those resolutions. CHAIRPERSON MATTHEWS: Okay. Commissioner Hancock. MR. CUYLER: Unless you can give me some -- COHMISSIONER HANCOCK: Well, I might ask Commissioner Hac'Kie to amend her motion to include a punch list for Miss Morgan of those areas that she sees of potential difficulty that we may want to address in a resolution to the law makers. COHMISSIONER CONSTANTINE: Each one of us can do that. COHMISSIONER HANCOCK: Well, I'm just saying that you are obviously the person that foresees those. CHAIRPERSON MATTHEWS: She needs to work with the law. COHMISSIONER CONSTANTINE: She's the one who needs to provide that to Mary. COHMISSIONER HANCOCK: Oh, okay. Well, again, I would like to see that as a part of what we get back so that we can revise the resolution accordingly to put a little more teeth in those areas that are, in fact, rife with fraud or could be. MS. MORGAN: Please bear in mind that the form that was prepared for voter registration on the national level had to take into account the existing requirements among the 50 states. And that's why it is something less than what we've been used to in Florida. A lot of states don't have the inmigration of new residents that we have, and so they've not been faced with those types of problems. But I'll be happy to work with your staff in coming up with a different resolution. And I would strongly urge you to support the repeal of the valid Florida only license. CHAIRPERSON MATTHEWS: Thank you. Any other questions? COHMISSIONER MAC'KIE: Except for Mr. Hancock asked about amending the motion. And if -- unless you feel real strongly about it, I'd like to leave the motion as it is and have all of us have the opportunity if we feel strongly about it to propose some -- some issues for Mr. Cuyler and ask Mrs. Morgan to do that also and -- and to do that within a week so that two weeks from now he will have some idea of what to put in the packet. COHMISSIONER HANCOCK: That's fine. That's fine. CHAIRPERSON MATTHEWS: We have a motion and a second. I'm going to call the question. All those in favor please say aye. Opposed? There being none, motion passes 5-0 to continue for two weeks. Mr. Cuyler, you'll bring it back. MR. CUYLER: Yes, ma'am, although my agenda cut-off is Monday. So if you're going to think about it, think about it quick. COHMISSIONER MAC'KIE: Think about it by Monday, okay. Item #10D UPDATE RE COCOA PALM RIVER - STAFF TO PURSUE TESTING AND DETERMINE IF SIGNAGE IS NECESSARY CHAIRPERSON MATTHEWS: Next item, 10-D, which is a discussion and possible direction of the Cocoa Plum -- Coconut Palm River pesticides problem. Mr. Lorenz. MR. LORENZ: Yes. For the record, Bill Lorenz, environmental services administer. Back in 1991 the department -- pollution control department conducted a pesticides survey of a number of locations in the county. One of -- one of the areas, which was the Coconut Palm River, came up very high with regard to chlordane levels. Those levels were reported in a 1991 report. That particular ef -- study was done for the Big Cypress Basin Board which we -- they've basically funded it, and we presented that information to them and presented the report to them. Subsequent to that we had -- have gotten some additional information from -- from other state agencies that -- that indeed -- we knew that those concentrations were very high. And they are some of the -- they are the highest recorded in the state from the officials from the Department of Environmental Protection. We are -- we are prepared to do some resampling of that area. Sediment and water quality sampling would -- would cost $12,000 to do. We could have the information back within two week turnaround time. If we wanted to have a -- and that's what we would recommend after discussing the issue with the health department. Some of the details may be worked out a little bit. But the health department has been brought in, and they indicate that they need to have some additional information to make an evaluation of public health concerns. One of the things we will be doing within our department which -- which we didn't do in this particular case even though in July of 1994 a Department of Agricultural official was quoted as saying that there was not a public health concern. The Department of Agriculture is responsible for regulating pesticides. We should have got the health department involved and asked the health department for their assistance in terms of is this a high number. What is your advice to do? We typically do that for our ground water samples. But we don't do it for our surface water samples, and I think that would be an improvement for our department operations. COHMISSIONER HAC'KIE: So are there potentially other surface water samples that -- it troubles me to hear you say that this is the policy of -- of your -- of your department that we don't ask when we get these kind of reports. I was hoping you were going to tell me this was just a shock. How did this happen? It slipped through the cracks. But now you're saying it's the policy? MR. LORENZ: No. We have a policy for ground water samples. COHMISSIONER HAC'KIE: I'm talking about for surface water. MR. LORENZ: For surface water we don't. The staff -- if we come up with a number, the staff should be responsible for asking the question. We missed that. I missed it. I reviewed the data. I did not ask the question of staff, have you sent this to the health department? COHMISSIONER HAC'KIE: So how -- is there a proposal for resolving that in the future so that there is a surface water policy? MR. LORENZ: Yes, we've discussed this with the health department just recently. The data that we -- that we collect, they're going to take a look at the type of information they collect. They may want to get all of it. They may just want to get parts of it. That -- that decision will be made in the next couple of weeks so that they can then be properly informed of the water quality results that we receive. MR. DORRILL: Let me -- in order to be a little more complete in your response, we do routinely provide all of our scientific report data in this type of case to the South Florida Water Management District and the district office of the DEP in Fort Myers; is that correct? MR. LORENZ: I -- I'd have to ask my staff in terms of what the exact mailing list is for all the reports. Some of these -- this particular report did go to -- to those agencies. MR. DORRILL: Okay. And we can ascertain that. I don't want to create unnecessary alarm in the minds of the public if somebody thinks that there is a particular problem here. I think that it may be a prudent thing to retest the area. We're not dealing with contaminated levels of material that are in the water. The original report -- and, in fact, essentially the same newspaper story by the same reporter attributing the same comments to what is now a former employee of ours appeared last summer around the 4th of July. And it's essentially the same story. If -- if we need to do some additional sediment or mud samples to ascertain chlordane levels, I think that may be a prudent thing for us to do. If we in the future in addition to the water management district and the envir -- Department of Environmental Protection should also as part of our protocol contact the local public health unit, that may be a prudent thing to do. And I think that's what Bill is suggesting. It just never occurred to us before to contact the environmental health section of our health department when we're otherwise coordinating these things with the other two agencies that I mentioned. COHHISSIONER HAC'KIE: While -- while I agree -- MR. DORRILL: And we think that was an oversight on our part. COHMISSIONER HAC'KIE: I'm still in the middle of my last comment; okay? CHAIRPERSON MATTHEWS: Okay. COHMISSIONER MAC'KIE: While I'm, you know, happy to hear that we're talking about it going forward and while I agree I don't want to create unnecessary, you know, concern, it troubles me greatly that this is something nobody thought of before. And it makes me wonder about, you know, who's in charge of these issues and -- and what are the policies. It seems to me to be a very serious problem, a very serious problem if this has not been addressed before and hasn't been a part of the protocol. And, frankly, it troubles me too. I hope that the reaction is not just, well, here's another newspaper article. We had the same one a year ago. I don't care what the newspaper article said. I -- you know, this is a factual scientific analysis that has to be more carefully reviewed than it has been. I think we've done a bad job. And we've got to do -- we've got to create a protocol to solve it. And I'm not getting a great deal of encouragement from what I'm hearing right now. MR. LORENZ: Oh, we -- no. I said that we will create that protocol. COHMISSIONER MAC'KIE: And bring it back to us to review or something? I mean, how will we know when it's in place? MR. LORENZ: I can provide you a memo after we have the -- we're going to have a meeting with the health department -- I believe it's scheduled for the 22nd -- in which case those details will be worked out. And I'll provide you a memorandum concerning that -- that meeting shortly thereafter. COHMISSIONER HAC'KIE: Okay. Thank you. CHAIRPERSON MATTHEWS: Commissioner Hancock. COHMISSIONER HANCOCK: I think staff fully understands the board's position on not being very happy about this. But I think our key now is to move ahead and how we move ahead with it. First of all, you have told us that you will begin a new round of testing in that area to do a comparative level study, so I expect that. Two, we are going to receive some form of a staff report, a summary of how this happened, how it's not going to happen again, and how we're going to move ahead with it; okay? And third, this is something Dr. Polkowski might be the more appropriate person to answer. If we do, in fact, have some levels, whether it's in the mud, if it's a potential contaminant in that area that we're knowledgeable about, we need to begin an immediate signage program to keep people from either playing in or fishing in. And I need to know what those potential dangers are to determine whether or not a signage program is warranted so that we can, again, protect the public. MR. DORRILL: That's what I'm saying, and I hope that my response here is not intended to be avoidance or cavalier. I'm just saying that we ought to abide through this in a prudent manner. The procedures that are in place I think are typically very good. I think that if -- if we need to broaden the list of those people that contact and review the scientific data that we undertake, we need to do that. Mr. Lorenz admitted that. We have already obtained the cost to do the additional baseline sampling. If you want it done quicker, we've got a cost to do that. We can have it done in three days. It's going to cost you $36,000 to do it in three days. I'm not recommending that today. But if you're interested in undertaking that type of analysis, it can be done. I otherwise think that we ought to take two weeks. We ought to determine if, in fact, the high levels are still there, what is a prudent course of action as it pertains to either abatement, signage, notification of people specifically who own property along the canal that separates -- I think it's the River Oaks subdivision or that portion of Palm River and the adjacent golf course and condominium projects that are to the north and to the east of there. COHMISSIONER HANCOCK: That's -- that where I need Dr. Polkowski to tell me a little about what are these chemicals, what are their potential effect. And if we do have residual levels anywhere near what was previously tested, do we have a responsibility immediately in your opinion to perform some form of signage or warning in that area? And I'd just kind of like your -- I know it's an opinion, but I would like that. MS. POLKOWSKI: Yes. I'm Jane Polkowski, director of the Collier County Public Health Unit. And I think what certainly Neil's indicated and Bill and -- we will be looking at this in greater detail. Just generally what -- what has been found is in the sediment. And it's unclear, you know, as to what the relationship is right now in terms of the elements which could have potential human concerns, and that would be like the fish. You know, we don't have the information on the fish at this point. I think just prudently, you know, with canals as they are and draining off the lands, it's just, I think, prudent not to eat the fish. I mean, you can catch them and toss them back. COMMISSIONER MAC'KIE: Could you say that to the camera, please, ma'am? Don't eat the fish. COMHISSIONER HANCOCK: My mother and father told me that from the day I was born till now. You know, I don't need to be told that fertilizers and everything else go into those canals, and that's not good fish food. But not all parents are -- are that on top of what their kids are doing, and I fear for -- we can put a sign up. That doesn't keep somebody from fishing there. MS. POLKOWSKI: Uh-huh, and we will have more information on -- CHAIRPERSON MATTHEWS: Well, fishing and eating are two different things. MS. POLKOWSKI: Two different things. COMHISSIONER HANCOCK: Agreed. MS. POLKOWSKI: Fishing and tossing them back versus eating because what we're -- what we would be really concerned about is the ingestion. And if you wanted, you know, any more information in terms of sediment, Bob Bibbler (phonetic), who's our environmental health engineering director, is here, and he can answer any questions relative to that. He has some experience in his prior work in that area. COMMISSIONER HANCOCK: I guess I just want to react prudently but not necessarily overreact. MS. POLKOWSKI: Uh-huh, that's -- that's right. CHAIRPERSON MATTHEWS: Sounds like that's what we're doing. MS. POLKOWSKI: Right. CHAIRPERSON MATTHEWS: Okay. Any other questions? I guess not. So -- MR. DORRILL: Is there any desire on the board's part to accelerate the sampling? COMMISSIONER HANCOCK: What's the difference in cost, Mr. Dotrill? MR. DORRILL: $24,000 in difference in cost for essentially two weeks. COMHISSIONER MAC'KIE: And -- and, Dr. Polkowski, do you have a recommendation on that? MS. POLKOWSKI: Well, we'll be examining information over the next couple weeks. I don't know that it's so -- it's not what we call an acute situation. But certainly I think we -- we do need to study it and evaluate it a little bit better. CHAIRPERSON MATTHEWS: And that's going to take you some time even to gather the information much less before the test results are in. You don't see any need to -- to accelerate the test? MS. POLKOWSKI: If we can do it within a couple of weeks, I think that would be good. That would be very good. COMMISSIONER MAC'KIE: And -- and one last question. In the mean time, it would be an overreaction to post signs or -- or do any -- do you have any recommendations in the interim? MS. POLKOWSKI: Well, I think, you know, right now, as I said, it would be very prudent not to eat the fish certainly from the canals. And this is also, you might say, common sense based upon what canals are and -- and certainly not fish there -- swim, you know, because of the potential of getting water inside and ingesting it. And as far as, you know, putting up signs, I think what we'll do is examine the information and determine just what further needs to be done as far as information whether signs or some other means. COHMISSIONER HAC'KIE: But just for clarification, generally notwithstanding this particular situation, it's your recommendation not to swim in the canals and not to eat the fish. MS. POLKOWSKI: That's right, right now. COHMISSIONER HAC'KIE: Thank you. COHMISSIONER HANCOCK: I saw Hiss Ross scribbling furiously when those statements were being made, so somehow I have a feeling they just might show up in the paper tomorrow. MS. POLKOWSKI: Hope so. COHMISSIONER HANCOCK: We would like to see that happen. CHAIRPERSON MATTHEWS: So that statement is not just for Coconut Palm River but for all canals. MS. POLKOWSKI: Right. COHMISSIONER MAC'KIE: Generally. CHAIRPERSON MATTHEWS: So I presume we'll have a report when we get the test samples back on what the protocol is or at least have some sort of a memo of what's going on. MR. LORENZ: That's correct. PUBLIC COMMENT CHAIRPERSON MATTHEWS: Okay. Thank you. Mr. Dorrill, do we have a public comment? MR. DORRILL: Yes, ma'am, you have two today. We have Mr. Kanter who is here and would like to read a -- a statement, and I have copies of it, and I'll pass it out. And then you have Ms. Straton as well on a separate matter. MR. KANTER: My name is Sidney Kanter. I'm secretary of the Glades Country Club Steering Action Committee. If you had looked out of the north window an hour ago, you would have seen several hundred older people, some in wheelchairs and some in crutches, parading carrying placards with their objections to the building of a homeless shelter in their neighborhood. It was hot, and so they did come up to the stairs down -- down below. But at my request I asked them not to come marching up in here into the -- into the chambers here with their placards because I thought it would not be in dignity with the Collier County chambers. I -- they have appointed me, however, to be their spokesman, and I have here -- and it says a statement presented to the Board of Collier County Commissioners by -- by residents of East Naples, February 14, 1995. Be it understood that we recognize, we do recognize the county commissioners have gone on record as opposing the construction of a homeless shelter on Glades Boulevard. However, we deplore the lack of action on the part of the 1994 commission to take steps to protect the safety and the investments of the citizens in their jurisdiction. The lack of leadership, foresight, and sensitivity of the commissioners in allowing a facility whose avowed goals are to bring addicts, both of alcohol and drugs, and homeless people of questionable repute into a community of retired citizens is reprehensible beyond measure. We, the citizens of the Glades and surrounding communities, deplore the fact that the commissioners have allowed this controversy to develop. We deplore the fact that the commissioners do not actively support the citizens who have expressed their concerns. We deplore the insensitivity of the commissioners to the valid fears of the people for their personal safety. We urge, we really urge, the current commissioners to exercise your authority to prevent this facility from becoming a reality. I know that you have the power. If you hadn't had an opportunity to read John Lunsford's column this morning, please be advised that I do not believe this. I do not believe that the county favors regulation over common sense. These are his words. Ladies, I'm sorry that I couldn't have been bringing you as a Valentine's message instead. Thank you for listening to me. CHAIRPERSON MATTHEWS: Thank you, Mr. Kanter. Are there questions or comments? COMMISSIONER MAC'KIE: I just have one question for the county attorney. Do we, in fact -- this says that they urge us to exercise our authority to prevent this facility from becoming a reality. And my question is, do we have any legal authority to do that? I think I know the answer, but I want you to answer. MR. CUYLER: The St. MAtthews group has purchased the property. They got a building permit under the existing zoning regulations. The permit, unless there's something I don't know, is in effect, and they're authorized to build under it. My understanding is they've publicly indicated they're going to build a homeless shelter and not run the soup kitchen. But, you know, I'm not sure about that. COMMISSIONER MAC'KIE: The point being we don't have. If we had some authority and some power, maybe we could exercise it, but I don't think we have any legal authority at this point. MR. KANTER: I think if you -- if you look deep down into your hearts, you can find -- you can find a reason. I mean, if you were to check here recently, you had a group talking about zoning and land and what was appropriate and what was not appropriate. I mean, I'm sure that you realize that this situation is not right. And somewhere you've got power. You people are the law. We depend upon you. CHAIRPERSON MATTHEWS: But we have to obey the law also. MR. KANTER: Right, right, right. But if you look deep enough, I'm sure that you can find a way that this could be stopped. I really feel that. I'm sure if you were to put it -- I'm sure perhaps if you were to put it to a vote today that you people, if you had this power, you could go ahead and cancel this thing out. CHAIRPERSON MATTHEWS: I don't think we can pass ex post facto law any more than our Congress can. MR. KANTER: Will you -- will you -- will you promise me this? Will you promise me to study the situation seriously? Now, I know that you're going to say, but they're already building. That's okay. I'm sure that sometime in the past you people have seen fit to stop a person who was building because something was wrong. They're either a few inches over the line or something was wrong. If you -- if you -- if you look deep down, I'm sure that there is a place somewhere where this can be changed. CHAIRPERSON MATTHEWS: Commissioner Hancock, do you have a comment? MR. KANTER: I hope you'll try. COHMISSIONER HANCOCK: No, I -- I don't have any comment. To be honest, Mr. Kanter, you say if we look deep down -- MR. KANTER: Do you think it's right? COHMISSIONER HANCOCK: Mr. Kanter, if you'll let me speak. MR. KANTER: I'm sorry. COHMISSIONER HANCOCK: You're in essence castigating the people that are your supporters. You're standing here castigating the commission when we have stated that we wish that somebody had the foresight before 1994 not to allow that. Now, we not only are required to abide by the law but are also required by ethics not to circumvent it. And as much as I'd like to say that -- that we can do that, I won't. Whether -- whether in my heart what I want is more important than -- than not circumventing the law, that's another issue. But we are bound to do certain things. We're going to do those, and I guarantee you one thing. What is built on that site will conform. MR. KANTER: Thank you. COHMISSIONER HANCOCK: If anything is built, it will conform, Mr. Kanter. MR. KANTER: Thank you. COHMISSIONER NORRIS: Mr. Cuyler -- CHAIRPERSON MATTHEWS: Commissioner Norris. COHMISSIONER NORRIS: -- Mr. Kanter has asked us to -- to stop the building of this shelter by any means available to us. And we need to know is there any means available to us. MR. KANTER: Hay I -- may I say something? COHMISSIONER NORRIS: No, you may not, Mr. Kanter. MR. KANTER: I'm sorry. COHMISSIONER NORRIS: You've had your time. I'm asking Mr. Cuyler this, please. Let him answer it. MR. CUYLER: I -- I usually draw the analogy to the 55-mile-an-hour speed limit. If you say to me, can I go over 55, the answer's yes, you can go over 55. But that's not what the law is. If you're asking me can you cancel the building permit, the answer is yes, you can cancel the building permit practically, but you're going to, in my opinion, suffer the consequences of that cancellation. COHMISSIONER NORRIS: What would be the end result in your opinion? MR. CUYLER: I think there would be litigation. And based on what I've seen, I think you would -- well, I hate to in public -- you as the client I hate to say you're going to lose the case, but I haven't seen anything that would give you any good chances of being successful. If you just said, you know -- I think Mr. Kanter's right. A moral issue or a -- or a practical issue as opposed to a legal issue and he's saying search yourselves, you know, tell me this isn't right to do this, and that's not really the question presented. COHMISSIONER NORRIS: Well, I know it's not right to do that. What if we -- would there be a possibility of invoking some sort of health, safety, and welfare issue or an inappropriateness in zoning issue that is an anomaly in our zoning code? MR. CUYLER: The answer is yes if you had a basis to do that. But I'm fairly familiar with the project, and nobody to date has told me that there is an overriding health, safety, welfare, an emergency or anything of that sort. You know, if there's an outbreak of some sort, you can address those types of situations. If there's an emergency situation, you can address those. COMMISSIONER HANCOCK: In other words, we would have to find that a similar circumstance in another community with similar geographic elements caused -- in other words, if there -- there's really no case. There's no precedent for us to say this same thing has happened elsewhere, and it was a -- in other words, we can prove that it was a detriment. I guess -- I guess I'm asking the difference of whether we'd be flying by the seat of our pants or whether we would actually have legal standing in -- in making that type of assertion. MR. CUYLER: I think you'd be flying by the seat of your pants. I haven't seen anything that would allow that finding. I'm not saying that it's impossible, but I can't think of a set of circumstances under which you could come in and really establish that basis to take that kind of action. COMMISSIONER HANCOCK: Okay. MR. KANTER: I thank you for listening. Thank you. CHAIRPERSON MATTHEWS: Thank you, Mr. Kanter. It's a tough one. Next item on the agenda -- MR. DORRILL: You had Miss Straton as well. CHAIRPERSON MATTHEWS: I'm sorry. Miss Straton. MS. STRATON: Chris Straton, League of Women Voters. I hate to go back to the motor voter act, but the league did present -- prepare a position. Mr. Dotrill has a copy of our statement. In addition -- MR. DORRILL: I passed them out. MS. STRATON: Oh, they've been passed out? MR. DORRILL: They all have them. CHAIRPERSON MATTHEWS: We have them. MS. STRATON: Okay. Fine. I just wanted to make sure that you were aware of it with all the other stacks of paper you have. And read it over. One of the reasons that Collier County has done such an excellent job in registering voters besides Mary Horgan's work is the work that the league has done. And they've worked very hard nationally on this issue. And they would urge you to -- it's only been in effect for six weeks. Before we jump to conclusions that it's fraught with problems, perhaps we -- we need a little more time to study it. Thank you. CHAIRPERSON MATTHEWS: Thank you. Item #12C1 RESOLUTION 95-139, RE PETITION ST-94-9, ROBERT WILEY, COLLIER COUNTY OFFICE OF CAPITAL PROJECTS MANAGEMENT, REQUESTING A SPECIAL TREATMENT DEVELOPMENT PERMIT TO ALLOW CONSTRUCTION OF A PARKING LOT AT THE SOUTH TERMINUS OF LELY BAREFOOT BOULEVARD FOR THE LELY BEACH PRESERVE (COLLIER COUNTY PARK) - ADOPTED, SUBJECT TO STIPULATIONS CONTAINED IN THE AGREEMENT SHEET Next item on the agenda is 12-C-1, petition ST94-4. Mr. Wiley? MS. BURGESON: For the record, my name is Barbara Burgeson, project planning, and I'm here to present petition ST94-4. This is to allow the construction of additional parking at the south terminus of Lely Barefoot Beach parking -- the Lely Barefoot Beach Park, Lely Barefoot Beach Preserve. Staff has recommended approval of the plans that are submitted. The design and the layout of the parking minimizes impact to the existing native vegetation. They will be abiding by the state management plan on the park which will be to minimize the areas with existing native vegetation. They'll be going through more of the areas with exotic vegetation which they're required to remove. In areas that native vegetation is being removed, if it can be transplanted, it will be into those areas that will become denuded when the exotics are removed. They will have a management plan design during the SDP phase to protect the gopher tortoises on site, and I understand that there is a member of staff that -- who will be at that time authorized by the state to handle the tortoises herself. She's with the natural resources department. Staff recommends approval with the agreement sheet as attached. There's three stipulations that staff would like to see accepted. CHAIRPERSON MATTHEWS: This is -- this is for the additional parking lot at Lely Barefoot Beach that we've been talking about -- MR. BURGESON: Yes. CHAIRPERSON MATTHEWS: -- for a year? Are there questions? MR. DORRILL: You have a member of the public who's registered under this. Mr. Hazzard? MR. HAZZARD: Thank you, Commissioners. My name's Bill Hazzard. I'm with Cummings and Lockwood. I represent a couple of home owners' groups that are familiar to you, the Lely Barefoot Beach Property Owners' Association and the Lely Barefoot Beach Master Home Owners' Association. I know it's been a long day, and I'll keep my comments as short as possible. But as you are all aware, my clients have filed a declaratory judgment action against Collier County related to a number of issues at the Barefoot Beach subdivision. Count 3 of that action asks the Court to establish the number of parking spaces the county's permitted to have at the county park. We believe that adding the spaces contemplated in this measure will cause the county to exceed the maximum number permitted. And my purpose today -- I really have four purposes. The first is to urge the commission to table the planned addition of parking pending resolution of the lawsuit. The second is to note for the commission that a hearing's been set for Hay 30 on my client's motion to enjoin the additional construction pending the outcome of the suit. The third is to alert the commission of the possibility that funds expended in this effort could be wasted depending on the outcome of the suit. And the fourth is to -- is to set aside all the -- all the legalese and to urge the commission to ask the staff to reevaluate the decision to add more parking paying particular attention to the impact that increased parking will have on the traffic use of Lely Beach Boulevard. I recognize that we're trying to preserve vegetation and we're trying to preserve tortoises. But I really believe that the road as designed is simply not equipped to handle the increased traffic that's going to be flowing down it. And so even if the county maintains that there's no legal limit to the number of parking spaces allowed, there is a physical limit to the capacity of the road to handle additional traffic, and that limit's already been exceeded. Thank you. CHAIRPERSON MATTHEWS: Thank you. MR. CUYLER: I don't have any comments unless you're going to talk about something. CHAIRPERSON MATTHEWS: I guess -- unless we're going to talk about something? COHMISSIONER NORRIS: You'd like to close the public hearing? CHAIRPERSON MATTHEWS: We have two attorneys here to shush us up if we get too far astray; is that right? MR. CUYLER: I'll let David go ahead. MR. BRYANT: Oh, I'm sure you'd never get too far astray, Commissioner. Mr. Hazzard has filed a complaint, and he is asking the Court to enjoin the county from doing certain things. It's your decision today if you want to go forward. And if you do want to do that, that's fine. I'm sure he will move on an emergency basis to have that heard. Then we can make -- have the judge make that determination. And if he says we can't do it, we can't do it. He might say, go right ahead if you want to do it. So it's really your decision to make if you want to go forward today. CHAIRPERSON MATTHEWS: that we have? HR. CUYLER: It is. CHAIRPERSON MATTHEWS: public hearing. COHMISSIONER NORRIS: Is that the only public speaker I'm going to close the -- the Hotion to approve. COHMISSIONER CONSTANTINE: Second. CHAIRPERSON MATTHEWS: We have a motion and a second to approve. Is there further discussion on the motion? COHMISSIONER HANCOCK: Quick comment. A lot of the complaints in Barefoot happen to be from people, overflow from the parking, parking on the side of the street. It seems to me more parking's going to keep people from parking on the side of the street, so I'm going to support the motion. CHAIRPERSON MATTHEWS: Being no further discussion, I'll call the question. All those in favor please say aye. Opposed? There being none, motion passes five-zero. Thank you. Item #12C2 BUDGET AMENDMENT RESOLUTIONS 95-1 THROUGH 95-5, AMENDMENTS TO THE FISCAL YEAR 1994/95 ADOPTED BUDGET - ADOPTED Next item on the agenda is item 12-C-2, recommendation to adopt resolutions approving fiscal year adopted budget. Mr. Smykowski. MR. SMYKOWSKI: Good afternoon. For the record, Michael Smykowski, acting budget director. Within the contents of your executive summary today, there are 27 budget amendments which in essence increase fund totals of a -- within the budget. State statute requires that a public hearing be held to increase -- to increase the total of the budget in terms of appropriating supplemental revenue. Each of these 27 budget amendments the board has previously seen via an individual executive summary and has approved them. The overwhelming majority of them are for capital projects funds for -- to roll over -- reappropriate funds for projects which were budgeted in FY '94. COMMISSIONER CONSTANTINE: Mr. Smykowski, did I hear you right that the board has already seen these and already approved these? MR. SMYKOWSKI: Yes. COMMISSIONER HANCOCK: Is this basically a summary approval? MR. SMYKOWSKI: Yes. CHAIRPERSON MATTHEWS: Mr. Cuyler, are there any public speakers? MR. CUYLER: No, ma'am, no public speakers. CHAIRPERSON MATTHEWS: I'll close the public hearing. COMMISSIONER CONSTANTINE: I'll make a motion to approve staff recommendation. COMMISSIONER NORRIS: I will second that. CHAIRPERSON MATTHEWS: We have a motion and a second. Is there further discussion? COMMISSIONER HANCOCK: One quick question. The first item shows a new fund total of over 100 million. Is that a typo, or is that correct? MR. SMYKOWSKI: That is correct. COMMISSIONER HANCOCK: Okay. I just wanted to make sure I wasn't going the wrong direction there. MR. SMYKOWSKI: No. COMMISSIONER HANCOCK: Okay. Proceed. CHAIRPERSON MATTHEWS: I'll call the question. All those in favor please say aye. Opposed? There being none, motion passes five-zero. MR. SMYKOWSKI: Thank you. Item #15 STAFF'S COHMUNICATIONS CHAIRPERSON MATTHEWS: Thank you. We're down to staff communication at the end of the day. Mr. Cuyler, do you have anything? MR. CUYLER: No, ma'am. CHAIRPERSON MATTHEWS: Mr. Dorrill, do you have anything? COHMISSIONER HANCOCK: Anything maybe brief, something in a small-worded version? MR. DORRILL: Following up to the request last week concerning coordination between the commission and the schools with respect to the Gulfview reef, I did pursue that over the course of the last week, and I wanted to -- to update you. At the end of the summer, the beginning of the fall, Dr. Hunz and I had assigned certain people on our staffs to monitor the progress of the construction and demolition and renovation at Gulfview Middle School. The -- I think this is going to be real touch and go, and I wanted to provide you -- Dr. Hunz indicates to me that the project is delayed -- their project is delayed, and their project is essentially a million dollars over their original budget. His current schedule, if it is maintained, will not have demolition commencing until June the 13th. They want to wait now to the end of the school year -- and June the 13th is the last day for teachers -- before they begin demolition. Previously the school's engineer said some of the material has objectionable aspects to it. There's some old asbestos in the material. And they are not promising us anything at this point in terms of being able to have material available. We typically will be placing material in the early first two weeks of June. Our grant -- I have staff here to confirm this if necessary. Our grant requires us to have all of the material placed and for us to be finished and submit our final monitoring report no later than the 30th of June. And that's an absolute. We don't have the discretion. We cannot get an extension. It's the window of opportunity that our reef construction grant affords us. The school board is meeting Thursday. And the suggestion -- and Mr. Hancock has already asked me would it be good for him to be there and express our -- our concerns because their project is now behind schedule and over budget. They, according to superintendent, are not willing to incur any additional costs to try and accelerate the demolition; nor are they willing to accelerate and pay additional costs to sort the material because of some of the objectionable aspects of it. I think it would still be good -- and I don't mind going and Mr. Hancock perhaps at their meeting on Thursday to express our concerns and at least evaluate what perhaps they could do in order to maintain the schedule that we originally started with on this project. CHAIRPERSON MATTHEWS: Commissioner Hancock. COHMISSIONER HANCOCK: For the balance of the board, I will be there Thursday night. And, Mr. Dotrill, if you can make it, that will be great. I will express our desire for the completion of this project, and I will then follow up with Mr. Faerber individually to discuss how we can pursue it. I think working with the board members individually I -- I think we can -- we can find a -- a way to get this thing moving. And maybe there's a community volunteer program that we can throw in on top of it to get people involved. I just think there's some solutions out there, and we'll begin the process of -- of communicating those. COHMISSIONER CONSTANTINE: Perhaps you've already done this, Commissioner Hancock. But if not, Mr. Dotrill, maybe you want to get a copy of the tape or tapes from the joint city-county meeting in particular where we both passed little resolutions because that will have all the details you need for them on Thursday. MR. DORRILL: At -- at this point the project is not going to happen unless the school board does something to make it happen, and it's just as simple as that. They will need to begin demolition in certain areas. I don't honestly know when the last day of school is for the students versus the last day for teachers. But it's going to take an effort on their part now. And the superintendent's not in a position to recommend any additional costs either to try and accelerate demolition or the sorting that's necessary because of some of the asbestos and other things. My understanding is you can't place roofing material, can't have shingles, tar paper, that type of thing. It's got to be inert rubble. And they're going to need a little push. We'll provide that information to Mr. Hancock if he can be there Thursday. COHMISSIONER HANCOCK: And we'll work board to board and see if we can come up with something. That was the whole idea of this liaison, so I'm optimistic. I think we can do it. CHAIRPERSON MATTHEWS: Good. Sounds good. MR. DORRILL: That's all that I have. CHAIRPERSON MATTHEWS: Thank you, Mr. Dorrill. Is there communication from the board? Commissioner Norris? COHMISSIONER NORRIS: Yes. I'd like to just express an opinion here. We -- we had really a fairly short agenda today, and it's now five o'clock. This seems to be a pattern generating where meetings that should be fairly short are getting longer and longer. There's -- part of the problem I noticed today is we had three or four issues that we've seen multiple times. And yet we sit and discuss the entire issue over and over again rather than just the singular point that we're looking at. And I -- I'd just like to ask everyone to -- to see if we can't be aware that the meetings are going too long and see if we can't take steps to shorten our conversations or shorten our -- make more pointed questions, whatever we need to do to see if we can't shorten it up. CHAIRPERSON MATTHEWS: I -- I think that was one of the discussions behind this morning, the project evaluation and so forth that staff is -- is considering to -- to find ways to make this whole -- whole process more efficient. And hopefully we'll move in those directions. But I -- I -- I agree with you. These -- I thought -- I really thought we'd be finished today at 2:30, 3:00. COHMISSIONER MAC'KIE: Me too. COHMISSIONER CONSTANTINE: Just sometimes -- in reference to John's comment, there are times today and the last several weeks where -- and I'm as guilty as anyone -- but where we have repeated -- Commissioner Hancock says something and then three of us will say, you know, well, I agree, and we say almost exactly the same thing. And we do that on almost every item all day long, and I don't know that we need to all say that. CHAIRPERSON MATTHEWS: We just have to say ditto. That's all. I agree. Commissioner Hancock, do you have anything? COMHISSIONER HANCOCK: Guilty as charged. CHAIRPERSON MATTHEWS: Commissioner -- COMHISSIONER HANCOCK: I will -- I'll do my best to keep my comments to a minimum. I always fear getting misquoted so badly that I overstate things time -- CHAIRPERSON MATTHEWS: But if you don't say anything, you can't get quoted. COMHISSIONER HANCOCK: Yeah, what's Hancock doing? I don't know. He never says anything. COMMISSIONER NORRIS: Wait a minute. That's my theory. COMHISSIONER CONSTANTINE: That's John's role. COMHISSIONER HANCOCK: I'll work on it. CHAIRPERSON MATTHEWS: Commissioner MAc'Kie, do you have anything? COMHISSIONER MAC'KIE: No, ma'am. CHAIRPERSON MATTHEWS: Commissioner Constantine? COMMISSIONER CONSTANTINE: One item. Mr. Dotrill, do we have a schedule? This board has indicated an interest in investigating and perhaps taking back over the control of rates for private utilities. Do we have a schedule for that? And if not, I'd like to set one. And perhaps if there's no objection from the board, if we don't already have one, I'd like to come up with a proposal for next week for that purpose because April 11 of this year -- I think it's the llth -- is the first day we can legally take that back. CHAIRPERSON MATTHEWS: That's the first day of the llth year. MR. DORRILL: I'm looking to Ken. He'll need to give me a little advice on the ordinance aspect. I think it requires an ordinance. COMMISSIONER CONSTANTINE: We don't have anything scheduled right now as far as hearings? MR. DORRILL: No. COMHISSIONER CONSTANTINE: I'd like to kick that off, so maybe between the three of us we can come up with a proposed schedule for the board for next week. MR. DORRILL: Okay. COMHISSIONER HANCOCK: That schedule will be preliminary discussions before preparation of an ordinance? COMMISSIONER CONSTANTINE: Correct. COMHISSIONER HANCOCK: Okay. CHAIRPERSON MATTHEWS: Is that all? COMHISSIONER CONSTANTINE: That's all. I assume you got the MArco field trip report. CHAIRPERSON MATTHEWS: Yeah, I've got the MArco field trip report. And what I've handed out is for each of us to read. Let me explain what we have here, and then after that I think it's self explanatory. The block print, so to speak, is the agreement as it originally came down last Thursday from the DEP. And I think as you read that you'll see the concern that I had. The bold print is -- they're insertions of things that we wanted to see changed. And then the cursive print under that is what the actual changes -- my recollection of what we agreed to do yesterday. It's our intention, I believe, to have this on the agenda for next Tuesday, Mr. Dorrill; isn't that correct? And as you'll note, we have a -- at the back of the agreement once this is agreed to, there's a memorandum of agreement to agree to several other agreements down the road because we don't have all of the agreements worked out yet. But we're running out of time because grants are beginning to go away, so we have to move on it fairly quickly. MR. CUYLER: But it does contemplate the delivery of the deed. CHAIRPERSON MATTHEWS: Yes. COHMISSIONER CONSTANTINE: I'm sorry. I didn't hear what you said. MR. CUYLER: It does contemplate the delivery of the deed quickly. CHAIRPERSON MATTHEWS: This -- this agreement will trigger the delivery of the deed, and they will deliver it within five days after this is signed off on. COHMISSIONER CONSTANTINE: Can you elaborate what you mean when you say we will agree to future agreements? That's not how you said it but -- CHAIRPERSON MATTHEWS: Okay. What this -- what this agreement is and as you read through it, you'll see that there's talk of provisions to be included in the 99-year lease for Jane Scenic Drive such as a permitting process and appeal process, members to be included in the appeal board, ordinances that are to be enforced, patrols by the sheriff. All these are items to be included in -- in the lease itself. When that lease comes back to us, these will at a minimum be included in it. And the things that the airport needed included are item 6 -- items 5, 6, and 7 were not included in the original agreement. Five and six were agreed to, and six is the most important. That's that they'll be able to maintain the mangrove area around the runway in accordance with federal aviation regulations part 77. So expecting to have an agreement in sometime between tomorrow and Friday? MR. CUYLER: We're hoping for tomorrow to Thursday and see if we can't look at it, talk to the state, hopefully get something to the board by Friday. If not, then it's going to have to be Monday but definitely try to give you as much time as we can. CHAIRPERSON MATTHEWS: I wanted to pass these out today so that you can read them and have some idea of what we're going to be looking at next Tuesday so you can ponder and think about it. Commissioner Constantine? COHMISSIONER CONSTANTINE: My only reservation -- and perhaps when that comes back, it will fill in enough details so I'm comfortable. But you having just been through thinking you had -- verbally having an agreement that didn't come that way in writing and me having been through that last year, I don't want to leave too many assumptions open. CHAIRPERSON MATTHEWS: Uh-huh. COHMISSIONER CONSTANTINE: Because I'd hate to -- I suppose once we get the deed we can struggle over those forever. But I hate to leave too many assumptions open just because there've been so many times we thought we were in agreement. CHAIRPERSON MATTHEWS: I don't think there's many assumptions left in this as to the meat of the lease agreements and so forth. The meat is here. MR. DORRILL: An example, they want us to incorporate on the signage that the state -- that -- there's a different set of state park rules, things you can and cannot do in state parks. And they want us to be able to reference and incorporate those in signage similar to county park rules as they relate to firearms and alcohol and things like that. And they just want those incorporated into the lease under the management agreement section. CHAIRPERSON MATTHEWS: Yeah. The bottom line on this is that the road will be open 24 hours a day. Anyone can use the road in the daylight hours. Permit holders will use it in the evening hours. People who are denied a permit will have an appeal process, and it will be a local appeal process as opposed to Tallahassee. There will be no gates. We've even negotiated a clause in here that in the event of a declared emergency -- and this road is used as an evacuation route -- we can do that and the permit process is set aside for that period. So I mean, it's -- I think it's a very -- very favorable agreement based on what we discussed yesterday. COHMISSIONER CONSTANTINE: Sounds like you got us back to pretty much where we wanted to be originally. CHAIRPERSON MATTHEWS: I think so. As I say, we'll wait for the final -- final agreement to come in. I -- I'm very, very pleased with -- with what -- what we did yesterday, and I found that the staff at the DEP that we talked with were -- were most helpful and really almost bent over backwards to -- to move through this quickly. I was pleased. MR. CUYLER: I think the big difference between the position now and formerly is that even though there's some things to be tied up, they're willing to show the good faith in giving us the deed even though some of the other things aren't tied up. So -- COHMISSIONER CONSTANTINE: Good. CHAIRPERSON MATTHEWS: So as we move forward, the last thing that I need to discuss is with the lobby coalition, and we need to move forward on that. Our apartment becomes available on March the 5th, and I thought I would take the first week up there because we have some housekeeping, no pun intended, to do. COHMISSIONER HANCOCK: You realize I would never say that. CHAIRPERSON MATTHEWS: But we -- we need to get some fax machines and -- and -- and computers and stuff set up. So I thought I would take the first week to get that underway. Then we need to cover the week of March the 22nd. Commissioner Constantine is going to cover the week of April the 12th, and then we have the week of Hay the 3rd which will be the final week. And, again, that will be a wrap-up and additional housekeeping because we have to disassemble everything. So I'm looking for volunteers for March 22 and Hay the 3rd. Anybody interested? COHMISSIONER HANCOCK: get back with you. CHAIRPERSON MATTHEWS: COHMISSIONER HANCOCK: CHAIRPERSON MATTHEWS: I'll have to check schedule and Okay. That would be fine. I'll certainly take one of them. Okay. I don't mind doing Hay the 3rd again because, as I say, it will be a breakdown period of -- COHMISSIONER HANCOCK: You'll know where all the boxes are anyway. CHAIRPERSON MATTHEWS: Yeah, I'll know where the boxes are and who they go back to and all that good stuff. So if you'll let me know who wants to do March 22, I'll appreciate it, and I guess that finishes it. Are we finished? COHMISSIONER NORRIS: HS. FILSON: Yes. CHAIRPERSON MATTHEWS: Ask Miss Filson. We're adjourned. ***** Commissioner Constantine moved, seconded by Commissioner Hancock and carried unanimously, that the following items under the Consent Agenda be approved and/or adopted: ***** Item #16A1 FY 94/95 YEAR END REPORT ON THE CERTIFICATE OF PUBLIC FACILITY ADEQUACY PROGRAM OF THE COLLIER COUNTY CONCURRENCY MANAGEMENT SYSTEM See Pages Item #16A2 ACCEPTANCE OF REPLACEMENT SECURITY (LETTER OF CREDIT) FOR THE INFRASTRUCTURE WITHIN "SILVER LAKES PHASE TWO-A" See Pages Item #16A3 ACCEPTANCE OF WATER FACILITIES FOR BEAR CREEK APARTMENTS - WITH STIPULATIONS AS DETAILED IN THE EXECUTIVE SUMMARY AND LETTER OF CREDIT See Pages Item #16A4 ACCEPTANCE OF AMENDED SECURITY (LETTER OF CREDIT) FOR EXCAVATION PERMIT NO. 59.475 FOR "MUSTANG PLANTATION" See Pages Item #16A5 ACCEPTANCE OF WATER AND SEWER FACILITIES FOR NORTHBROOKE DRIVE - WITH STIPULATIONS AS DETAILED IN THE EXECUTIVE SUMMARY O.R. Book Pages Item #16A6 ACCEPTANCE OF WATER AND SEWER FACILITIES FOR QUAIL WEST, PHASE I, UNIT ONE, BLOCK C, STAGE 1 - WITH STIPULATIONS AS DETAILED IN THE EXECUTIVE SUMMARY O.R. Book Pages Item #16A7 AUTHORIZATION FOR RECORDING THE FINAL PLAT OF "NORTHBROOKE DRIVE" AND ACCEPTANCE OF LETTER OF CREDIT See Pages Item #16A8 ACCEPTANCE OF SECURITY (LETTER OF CREDIT) FOR EXCAVATION PERMIT NO. 59.522, "QUAIL WEST PHASE III GOLF COURSE" See Pages Item #16A9A RESOLUTION 95-117, PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, OWNER OF RECORD: CAROL L. GOODLAD, TR. See Pages Item #16A9B RESOLUTION 95-118, PROVIDING FOR ASSESSHENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, OWNER OF RECORD: NIVARDO HARTINEZ AND ELBA HARTINEZ Item #16A9C See Pages RESOLUTION 95-119, PROVIDING FOR ASSESSHENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, OWNER OF RECORD: NOEL H. WILLIA_MS See Pages Item #16A9D RESOLUTION 95-120, PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, OWNER OF RECORD: STEVEN F. BRAY See Pages Item #16A9E RESOLUTION 95-121, PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, OWNER OF RECORD: WILLIE HAE POSTELLE See Pages Item #16A9F RESOLUTION 95-122, PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, OWNER OF RECORD: WILLIAM H. BERNER See Pages Item #16A9G RESOLUTION 95-123, PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, OWNER OF RECORD: O. L. SNYDER, ET UX See Pages Item #16A9H RESOLUTION 95-124, PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, OWNER OF RECORD: PAUL L. RIDDLEBERGER, JR. See Pages Item #16A9I RESOLUTION 95-125, PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, OWNER OF RECORD: RONALD C. WALLIN AND ROSE MARIE WALLIN See Pages Item #16A9J RESOLUTION 95-126, PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, OWNER OF RECORD: DAVID A. ELDRIDGE See Pages Item #16A9K RESOLUTION 95-127, PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, OWNER OF RECORD: HNH VENTURES See Pages Item #16A9L RESOLUTION 95-128, PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, OWNER OF RECORD: PHILIP CARLTON, JR. See Pages Item #16A9H RESOLUTION 95-129, PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, OWNER OF RECORD: WILLIE HAE POSTELLE See Pages Item #16A9N RESOLUTION 95-130, PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF THE ABATEHENT OF PUBLIC NUISANCE, OWNER OF RECORD: HAURICE R. SKIFFEY AND KAREN C. SKIFFEY See Pages Item #16A90 RESOLUTION 95-131, PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, OWNER OF RECORD: ANCIL R. GANN, ET UX See Pages Item #16A9P RESOLUTION 95-132, PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, OWNER OF RECORD: SOUTH TERRA CORP. See Pages Item #16A10 AUTHORIZATION FOR RECORDING THE FINAL PLAT OF HAWKSRIDGE, UNIT TWO AND ACCEPTANCE OF CONSTRUCTION & MAINTENANCE AGREEMENT AND PERFORMANCE BOND See Pages Item #16B1 - Deleted Item #1682 BUDGET AMENDMENT FOR VANDERBILT BEACH ROAD DESIGN AND PERMITTING SERVICES, CIE PROJECT NO. 042 - IN THE AMOUNT OF $39,000.00 Item #16C1 BID #95-2317 FOR THE PURCHASE OF ARTS AND CRAFTS SUPPLIES - AWARDED TO TRIARCO ARTS AND CRAFTS AND S & S ARTS AND CRAFTS Item #16C2 AUTHORIZATION FOR THE PURCHASE OF ADDITIONAL SOFTWARE LICENSES FROM DATA RESEARCH ASSOCIATES Item #16C3 PERMISSION TO APPLY FOR BLOCK GRANT FUNDING FROM THE FLORIDA DEPARTMENT OF COHMUNITY AFFAIRS, WHICH WILL BENEFIT THE PUBLIC HEALTH UNIT'S OBSTETRIC PROGRAM See Pages Item #16C4 - Continued to 2/21/95 Item #16C5 BID #95-2316 FOR TROPHIES, PLAQUES AND AWARDS - AWARDED TO GOLDEN GATE TROPHY CENTER IN THE ESTIMATED AMOUNT OF $15,000.00 Item #16C6 CONTRACT FOR FY 1995 LIBRARY OPERATING GRANT (STATE AID) ADMINISTERED BY THE STATE LIBRARY OF FLORIDA See Pages Item #16D1 - Deleted Item #16D2 SATISFACTIONS OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF SEWER IMPACT FEES FOR LAWRENCE AND LUCY BENNETT; CHARLES C. COLVIN; MARY F. DAVIS; JOHN D. FRANKIS, SR.; KEITH AND LELY FRANKLIN; TIMOTHY J. LENNON; PAUL J. MARONEY; RONNIE AND BRENDA RAY; VIVIAN F.. SCHAAL; WILLIAM AND SHARI SMITH; THELMA C. WATKINS; PAUL WIPERT AND RICHARD SMITH; AND THOMAS J. LIZIO See Pages Item #16D3 NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF SEWER SYSTEM IMPACT FEES FOR HERBERT C. POHLHANN See Pages Item #16D4 SATISFACTIONS OF CLAIM OF LIENS FOR CARL AND MARLENE CALABRESE; DOUGLAS DANGLER; TIMOTHY FLOCK; GREAT WESTERN BANK; DONALD MAHONEY, JR.; ALAN REYNOLDS; CHARLES AND CECILIA HANLEY; SCENIC INVESTMENTS CORPORATION; GEORGE N. SCHHITT; U.S. SECRETARY OF HOUSING AND URBAN DEVELOPMENT; CRAIG AND HELISSA WOOD See Pages Item #16El RESOLUTION 95-133, RE LEASE AGREEMENT BETWEEN COLLIER COUNTY AND REPRESENTATIVE BURT L. SAUNDERS FOR THE USE OF OFFICE SPACE WITHIN THE ADMINISTRATION BUILDING AT THE GOVERNMENT CENTER COMPLEX See Pages Item #16F1 BID # 94-2292 FOR THE PURCHASE OF MEDICAL EQUIPMENT FOR THE EMERGENCY MEDICAL SERVICES DEPARTMENT - AWARDED TO VARIOUS VENDORS Item #16G1 CERTIFICATES OF CORRECTION TO THE 1994 AND 1995 SOLID WASTE COLLECTION SPECIAL ASSESSMENT ROLLS AND AUTHORIZATION FOR REFUNDS, AS APPROPRIATE See Pages Item #1662 RESOLUTION 95-134, ADDING UNITS TO THE 1995 COLLIER COUNTY MANDATORY SOLID WASTE COLLECTION SPECIAL ASSESSMENT ROLL See Pages Item #16H1 SUPPLEMENTAL AGREEMENT TO R.F.P. #93-2059 WITH AGNOLI, BARBER AND BRUNDAGE, INC. FOR THE GOLDEN GATE ESTATES COHMUNITY PARK See Pages Item #16H2 BID #95-2324 FOR CONSTRUCTION OF THE ROYAL COVE II STORMWATER DRAINAGE RELIEF - AWARDED TO KYLE CONSTRUCTION, IN THE AMOUNT OF $29,240.00 Item #16H3 AGREEMENTS BY AND BETWEEN HC DONALD'S CORPORATION, D/B/A HC DONALD'S CORPORATION, RIDGE PORT PLAZA PARTNERS, LTD., AND BARNETT BANK OF NAPLES, CONCERNING THE SIX-LANING OF AIRPORT-PULLING ROAD AND PINE RIDGE ROAD See Pages Item #16H4 FINAL BUDGET AMENDHENT TO COHPLETE THE CLAM PASS PARK BOARDWALK AND UTILITY PROJECT - IN THE AMOUNT OF $55,700.00 Item #16H5 BUDGET AMENDMENTS RECOGNIZING ESTIMATED CARRY FORWARD FOR PROJECTS IN FUND 412 AND FUND 414 Item #16J MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED The following miscellaneous correspondence as presented by the Board of County Commissioners has been directed to the various departments as indicated: Item #16J1 CERTIFICATES OF CORRECTION TO THE TAX ROLLS AS PRESENTED BY THE PROPERTY APPRAISER'S OFFICE 1994 No's. Dated 120/121 1/31 - 2/1/95 Item #16J2 SATISFACTIONS OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER See Pages Item #16K1 INCREASE IN THE NUHBER OF 1994/95 SHERIFF'S OFFICE BUDGET APPROVED SWORN LAW ENFORCEMENT OFFICER POSITIONS FROM 349 TO 355 FOR THE UNITED STATES DEPARTMENT OF JUSTICE THREE YEAR COPS AHEAD GRANT PROGRAM See Pages Item #16L1 RESOLUTION 95-135, RE SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS See Pages Item #16L2 RESOLUTION 95-136, RE SATISFACTIONS OF LIENS FOR CERTAIN RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS See Pages Item #16L3 RESOLUTION 95-137, RE SATISFACTIONS OF LIENS FOR CERTAIN RESIDENTIAL ACCOUNTS WHEERIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS AER SATISFIED IN FULL FOR THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS See Pages There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair at 5:10 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ATTEST: DWIGHT E. BROCK, CLERK BETTYE J. MATTHEWS, CHAIRPERSON These minutes approved by the Board on as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF DONOVAN COURT REPORTING BY: Sharon Landis and Shelly Semmler