Loading...
BCC Minutes 03/14/1995 R REGULAR MEETING OF MARCH 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 9:02 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: ALSO PRESENT: CHAIRPERSON: Bettye J. Hatthews Timothy J. Constantine John C. Norris Timothy L. Hancock Pamela S. Hac'Kie W. Neil Dotrill, County Hanager Kenneth B. Cuyler, County Attorney Item #2 & #2A AGENDA AND CONSENT AGENDA - APPROVED WITH CHANGES CHAIRPERSON MATTHEWS: Call to order the board of commissioners' meeting for March 14th, 1995. Mr. Dotrill, would you lead us in an invocation and pledge. MR. DORRILL: Heavenly Father, as always, we pause and give thanks this morning for your wonder and glory and your loving grace. As always, we pray this morning that your hand guide these important business deliberations that affect the county commission and that you would bless our time here together today and that you would bless the people of Collier County. We pray these things in your son's holy name. Amen. (The pledge of allegiance was recited in unison. CHAIRPERSON MATTHEWS: The change list is longer than the agenda. MR. DORRILL: Just about. MR. DORRILL: Good morning, Commissioners. We do have quite a few changes on the change list this morning. We have four add-on items. CHAIRPERSON MATTHEWS: Okay. MR. DORRILL: The first item -- the first two items are on the county attorney's report. The first one today will be 9-A, which is a resolution in support of a senate bill concerning access by members of the public to local officials. The second one, 9-B, is an additional resolution in support of a house bill as it pertains to two house bills -- as they pertain to partial year assessments for ad valorem and real tangible personal property taxes. The next item will be 10-B, which is a discussion regarding the Florida Cities Water Citizens Committee, and 10-C, which is one additional resolution, regarding the appointment of a member to the Collier County Housing Finance Committee. And then finally 10-D, which will be a presentation by Myra Daniels of the Philharmonic, regarding a conceptual agreement for a tourist development grant application. COHMISSIONER NORRIS: That's what item? MR. DORRILL: That will be 10-D. COHMISSIONER NORRIS: 10-D. MR. DORRILL: And I have two items, two additional items. One is a request to continue item 8-A-1. CHAIRPERSON MATTHEWS: Can I ask what the reason for that is, Commissioner Constantine? COHMISSIONER CONSTANTINE: Yeah, a couple reasons. I got a couple phone calls yesterday that I think are going to have some new information, and, secondly, the -- one of the developers is out of the country and would like to be here for it. CHAIRPERSON MATTHEWS: Okay. Because I've had a number of phone calls from citizens that use that area to fish, and I thought we had it resolved a couple months ago, but apparently not. COHMISSIONER CONSTANTINE: There is kind of a compromise on the table, and having put it together, he'd just as soon be here -- CHAIRPERSON MATTHEWS: Okay. COHMISSIONER CONSTANTINE: -- to present it. CHAIRPERSON MATTHEWS: That's fine. MR. DORRILL: And then I have one final item which is a request to withdraw item 16-A-9. And actually they're showing that as being continued for two weeks, it being withdrawn and continued for two weeks until the 28th, and that was a recommendation to approve a lien resolution for a code compliance case. CHAIRPERSON MATTHEWS: Is that continued or withdrawn? MR. DORRILL: It appears to be continued. CHAIRPERSON MATTHEWS: Okay. MR. DORRILL: Withdrawn completely? Okay. And then as I came into the room this morning, Ms. Hankins has given me an item, and for purposes of the record and our recording secretary, items 16-H-4 and 5 are recommended for approval into a particular cost center and budget amendment. And that budget amendment is actually in my office awaiting my signature. And we should condition your approval on that item of the receipt of the budget amendment. We didn't want to process a budget amendment prior to the commission granting approval and moving funds for the contracts for that software. The budget amendment is on my desk awaiting my signature, and just for purposes of the record let that item reflect that it will not be processed for the chairman's signature until the budget amendment is signed by me and sent to finance. CHAIRPERSON MATTHEWS: Commissioner Hancock. COHMISSIONER HANCOCK: Mr. Dorrill, are those funds currently budgeted, or is this additional funds allocating for transfer? MR. DORRILL: I may need some help from perhaps Mr. HcNees. My understanding is that the funds are available, and they're budgeted. We're trying to move them to a different cost center. This is for the automated meter reading devices and the resolution of the software agreement with NCC, and I don't have any other information. My understanding is the funds are budgeted. MR. HcNEES: Mike HcNees from utilities. You caught me napping there a little bit. I believe that's correct. You're talking about the funding of the new automated meter reading system? MR. DORRILL: Yes. MR. HcNEES: Yes, those funds are available. I'm asking to move them to the other cost center. MR. DORRILL: And I didn't want to move them until I had your approval, sort of a chicken and an egg. We need the recommendation to reflect the chairman not execute the contract until the clerk has received the executed budget amendments from my office. MR. HcNEES: Okay. MR. DORRILL: And that's all that I have. CHAIRPERSON MATTHEWS: Mr. Cuyler. MR. CUYLER: Madam Chairman, one item, on 16-H-8 I just want to put on the record that we need to reformat that. We really don't need to pull that off, doesn't need any discussion. It's a work order, but we are going to be making some changes to the format on that. I just wanted to put that on the record. We usually don't change consent items. CHAIRPERSON MATTHEWS: Are those changes material or really reformatting? MR. CUYLER: They're not material in terms of anything we would be considering. They're just format of the document changes. CHAIRPERSON MATTHEWS: So they're to be changed, but nothing material? MR. CUYLER: Correct. CHAIRPERSON MATTHEWS: Okay. Are there additional changes, Commissioner Norris? COMMISSIONER NORRIS: Nothing further. CHAIRPERSON MATTHEWS: Commissioner Hancock. COMHISSIONER HANCOCK: Only under BCC communications. CHAIRPERSON MATTHEWS: Commissioner Constantine. COMHISSIONER CONSTANTINE: No. CHAIRPERSON MATTHEWS: I don't have any either. Could I have a motion? COMMISSIONER CONSTANTINE: Move approval of the agenda as amended. COMHISSIONER NORRIS: Seconded. CHAIRPERSON MATTHEWS: Consent agenda included in that? COMMISSIONER CONSTANTINE: Yes. CHAIRPERSON MATTHEWS: Second accepted? COMMISSIONER NORRIS: Yes. CHAIRPERSON MATTHEWS: I have a motion and a second to approve the agenda as amended and the consent agenda. All those in favor, please say aye. Opposed? There being none, motion passes. Item #3 MINUTES OF REGULAR MEETING OF FEBRUARY 14 AND 21, 1995 - APPROVED AS PRESENTED COMMISSIONER NORRIS: Madam Chairman, I move approval of the minutes of February 14th and February the 21st. COMHISSIONER CONSTANTINE: I'll second that motion. CHAIRPERSON MATTHEWS: We have a motion and a second to approve the minutes for February 14th and February 21st regular meetings. All those in favor, please say aye. Opposed? Being none, motion passes 4 to 0. Item #4A1 PROCLAivLATION DESIGNATING THE WEEK OF APRIL 2 - 8, 1995 AS MOTE WEEK - ADOPTED Next item on the agenda is proclamations. First one is Mote Week, and -- COMMISSIONER CONSTANTINE: Do we have Jefferson Flanders with us this morning? Anyone from Mote Marine Laboratory with us this morning? Read this proclamation and pop it right in the mail. Whereas, Mote Marine Laboratory, an independent nonprofit organization, has served well the State of Florida and its citizenry for 40 years; and, Whereas, Mote Marine Laboratory is recognized throughout the world for its excellence in marine research and education; and, Whereas, Mote Marine Laboratory has continuously conducted public service in the form of marine and environmental research and education in the State of Florida; and, Whereas, Mote Marine Laboratory operates an aquarium that is a world-class education facility in the environmental and marine sciences; and, Whereas, Mote Marine Laboratory will celebrate it's 40th anniversary with a yearlong celebration beginning January 2nd, 1995, Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of April 2nd through 8th, 1995, be designated as Mote Week. Done and ordered this 14th day of March, 1995, BCC, Bettye J. Matthews, Chairman. I make a motion we approve this proclamation. COMHISSIONER NORRIS: Second. CHAIRPERSON MATTHEWS: We have a motion and a second to approve the proclamation. All those in favor, please say aye. Opposed? Motion passes 4 to 0. Thank you. COMHISSIONER CONSTANTINE: Miss Filson, you'll make sure the people from Mote get this? MS. FILSON: Yes. Item #4B EMPLOYEE SERVICE AWARDS - PRESENTED CHAIRPERSON MATTHEWS: Next item on the agenda, service awards. Commissioner Hancock. COMMISSIONER HANCOCK: Yes, I'm pleased this morning to present three service awards. First is to Mr. Geoffrey Grabnet of water operations for ten-year service to Collier County. (Applause) COMHISSIONER HANCOCK: All right. Second this morning is also a ten-year service award to Miss Sharon Telly of court administration. Miss Telly. (Applause) COMMISSIONER HANCOCK: And our third award today, to one of our unsung heroes in the office of management and budget, a five-year service award, Ed Finn. He's working so hard he's not even here. COMMISSIONER NORRIS: He's up at bike week. COMMISSIONER HANCOCK: And also not here today, Gary Kessler of parks and recreation for five years. We'd like to recognize both of them and thank them for their service. CHAIRPERSON MATTHEWS: Thank you, Commissioner Hancock. Item #4C PAULETTE WILSON, RECOGNIZED AS EMPLOYEE OF THE MONTH FOR MARCH, 1995 Next on the agenda is kind of a monthly thing that the county commission gets to do, and we're always very proud and pleased to do it, and that's our employee of the month. Is Paulette Wilson here? Paulette, you're going to have to turn around and face the music while I read all these good things about you. Paulette is selected as our employee of the month. She began her employment with Collier County government in mail operations for the clerk of courts in -- oh, some time ago. I don't have a date here, but she joined the public affairs staff in October of 1993. She has been instrumental in assisting the department in the delivery of quality services to the customers of the public affairs department. She's developed a comprehensive procedures manual to assist new staff. She's very enthusiastic in her creativity, has brought new ideas to the office. She's shown exceptional customer skills -- customer service skills, and a recent administrative services division customer satisfaction survey gave her high marks in this area. Paulette is eager to participate in training and development activities that will benefit both her and the county. In addition, she's shown initiative and flexibility to assist in the AIS office and wherever needed there is an -- where there is an overflow of work. She has also assisted the public affairs coordinator with special projects. You're a busy person. Paulette's well liked by her peers and staff and other county agencies, and these are among a few of the reasons that she was selected by her peers to be our employee of the month. We have a letter for you that merely says it's indeed a pleasure. We have a plaque. I'd like to read it to you. Board of County Commissioners, Collier County, Florida, employee of the month. Official recognition and appreciation is tendered to Paulette Wilson for exceptional performance in March of 1995. Now, that's not just during the month of March but '- MS. WILSON: I know. CHAIRPERSON MATTHEWS: And we have the proverbial check for $50. And, Paulette, it is indeed a pleasure. (Applause) COHMISSIONER CONSTANTINE: Just a little addendum to that. She's also nice enough to stop and pick up a commissioner who might have run out of gas on one occasion. MR. DORRILL: Paulette is one of those just genuinely nice and angelic people who -- I don't know that she has ever had a bad day. Every day that she comes to our office, she just really epitomizes a highly motivated but sweet individual who does a very good, thorough job and always has a smile for everyone on her stops. COHMISSIONER HANCOCK: She will be proceeding directly to the cloning laboratory I hope. COHMISSIONER MAC'KIE: Please. CHAIRPERSON MATTHEWS: If only we could. In about a couple hundred years we might be able to do that. Item #SB1 JOINT PROJECT FUNDING FOR THE INSTALLATION OF A TRAFFIC SIGNAL SYSTEH AT THE INTERSECTION OF PINE RIDGE ROAD AND 1-75 - APPROVED As we move on with the agenda -- I don't think there were any budget amendments, were there? MR. DORRILL: No. CHAIRPERSON MATTHEWS: No. We'll move on with the regular part of the schedule then, the county manager's report. And first item on the agenda is 8-B-1 with transportation request for approval of joint project funding for traffic signal installation. Mr. Archibald. MR. ARCHIBALD: Good morning, board members. COHMISSIONER CONSTANTINE: Before he goes into a long explanation, let me ask -- I don't know if all of us are familiar with this, but pulling off exit 16 has got to be among the most frustrating things driving-wise. CHAIRPERSON MATTHEWS: How about getting on? COHMISSIONER CONSTANTINE: Or getting on. George, correct me if I'm wrong, in '94 there were 50 accidents -- only 10 correctable, but 50 accidents at that location? MR. ARCHIBALD: A little less, but there were a very, very large number of correctable accidents. COHMISSIONER HANCOCK: This has been the most requested intersection that I have come across. CHAIRPERSON MATTHEWS: So without further adieu, do we have a motion? COHMISSIONER CONSTANTINE: I'll make a motion to approve the item. COHMISSIONER HANCOCK: Second. CHAIRPERSON MATTHEWS: Motion and a second to approve agenda item 8-B-1. Motion by Commissioner Constantine, second by Commissioner Hancock. If there is no further discussion, all those in favor, please say aye. Opposed? There being none, motion passes 5 to 0. COMMISSIONER CONSTANTINE: Thanks, George. CHAIRPERSON MATTHEWS: Thank you, Mr. Archibald. Item #SD1 CONSIDERATION OF LATERNATIVE IMPACT FEE CALCULATION FOR SHERWOOD PARK - CONTINUED TO MARCH 28, 1995 Next item on the agenda is 8-D-l, consideration of an alternative impact fee calculation for Sherwood Park. Mr. HcNees. MR. HcNEES: Good morning, Commissioners, Mark HcNees from your utilities division. Under the provisions of your water and sewer impact fee ordinances, if a developer or builder feels like the impact fee that he has been assessed under that ordinance is unfair or doesn't accurately represent the capital costs that would be incurred by putting that development onto the water and sewer system, he can challenge the fees or ask for fee relief one of three ways: Either by addressing our own master planning numbers and showing how they don't relate to his project, by addressing the terms of the ordinance itself and in showing how the ordinance doesn't and the study that created the ordinance don't relate to his project, or by submitting an alternative fee calculation that has certain criteria under the ordinance for that fee calculation. In this case the developers of Sherwood Park submitted an alternative fee calculation that staff reviewed and our -- our position is relatively simple. The staff -- from the staff point of view, the ordinance, and I've -- I included the pages from the ordinance in your agenda package that deal with the alternative fee calculation. There's a -- some fairly specific requirements for types of information that -- that are to be submitted in terms of demographics, facilities, planning, some of that type of information. What we've been given in this case is -- are some numbers that say on an average annual basis this type of project uses less water, considerably less water according to the developer on an average basis than we assume is the average for this type of dwelling unit, this type of use. And they really haven't addressed any of the information in terms of how does that average flow over a year address the peak capacities, which is what we have to build our facilities for. Is this unit, which is not yet to be constructed, demographically similar to the units that they're comparing it to? Some of those types of information are just not included in the study, so staff's position is -- is that the information that's been included in the alternative impact fee study does not demonstrate with the types of information under the provisions of the ordinance that are required for -- for you to make a decision that the fee is appropriate. Now I'll emphasize that this is not a staff call. Under the ordinance the Board of County Commissioners makes a decision whether or not the information supports a relief of the fee, and that is really pretty much wholly staff's position. I know the developer wants to represent some of his points regarding what he believes to be the fairness of the fee, and I'm sure they're here to do that today, and I'll be happy to answer any of your questions. With that I'll leave it to you. COHMISSIONER NORRIS: Mr. HcNees, is -- this is just a multifamily residential project? MR. HcNEES: Yes. It's, I believe, a condominium project. COMHISSIONER NORRIS: Condominium project. Is there any material difference, any substantial difference between this and anybody else's condominium project? MR. McNEES: I'd say it's on the small end of the scale as condominiums go. I think as a part of case -- COMMISSIONER NORRIS: Is the use of -- of water traditionally proportionate to the size of the units? MR. McNEES: Roughly, yes, but -- COMMISSIONER NORRIS: It roughly is. If someone has a 5,000 square foot condo, they're likely to use more water? MR. McNEES: Only in that people in a larger condo would tend to have more residents. That would be true. Now that's not absolute, but within a range is -- is the key. And our ordinances are built around that a type of use, there's a range, and there's obviously an average. But, you know, around that average you're going to have people who use a lot more water and some who use a lot less water. So what I'm -- to answer your question would be within a range, no, not -- they pretty much are consistent. COMHISSIONER NORRIS: Thank you. CHAIRPERSON MATTHEWS: Commissioner Hancock. COMHISSIONER HANCOCK: That was going to be my question, Mike, and I guess I'll phrase it a little differently. When we establish impact fees, the impact fees were based on in essence a median use of a broad range of similar type structures; is that correct? MR. McNEES: That's correct. COMMISSIONER HANCOCK: So if one facility comes in on the high end, we don't penalize additionally, and if a facility comes in on the low end, we don't necessarily automatically give credit. Is that a fair assessment? MR. McNEES: Yes. COMHISSIONER HANCOCK: Okay. I just wanted to clarify my understanding. MR. McNEES: And in fairness to the petitioner, the reason this provision is in your ordinance for the alternative calculation is so that if there is a use that can be demonstrated to be far outside of the range so that there -- there's a fairness issue where the assumptions don't apply to them, they have an opportunity to come in and petition you for relief. What we're saying is we don't believe that that's the case in this situation, but obviously they feel differently. COMMISSIONER HANCOCK: Or if they're offering some level of technology or something that -- that contributes significantly, would that also be -- MR. McNEES: If they had to demonstrate they had some sort of exact technology or fixtures where their water use was going to be considerably less, then, sure, that would be the type thing that __ COMHISSIONER HANCOCK: Okay. Thank you. CHAIRPERSON MATTHEWS: Commissioner Mac'Kie. COMMISSIONER MAC'KIE: Is my recollection correct that we were going to -- this is the same item that was in front of us briefly before, and it was postponed because we were going to get substantially more information? And I don't have any more information. MR. McNEES: Neither do I. There was -- the petitioner gathered more comparable use information from some similar condominiums that are on our system, and what they showed to me -- I just saw those a few days ago. What they showed was that this project uses -- or they're saying it will use on an average basis about the same amount of water as a number of selected similar condominium projects that are currently on our system, which to me supports that their fee should be the same as those that have come on and that we're building these plants for. COMMISSIONER MAC'KIE: I just wanted to be sure that if they had provided you with additional information, you would have provided it to us because I'm disappointed not to have more in our packet at this time. MR. McNEES: They provided -- and I don't honestly know that I got copies -- I may have -- of some additional comparable condominiums, and I'll apologize if I didn't forward those on to you. My understanding is the commission is to make a judgment based on the alternative impact fee study that was submitted, and there are some timing issues and deadlines there. And -- and I'll represent to you, and I think probably the -- the petitioners will agree, that what they found -- or at least what they submitted to us was that this project is very similar in usage patterns to a number of the other condominiums that are on our system, and they draw a different conclusion from that, but I think that the material -- the facts are that. And other than that, there was no additional information presented. CHAIRPERSON MATTHEWS: Mr. McNees, I've got two questions. Number one, the first question is item 3 on the reasoning that we should approve this is that units will be primarily occupied by adults on a seasonal basis. Is there any -- any way that the developer can guarantee that that will be so forever? MR. HcNEES: Not in my opinion. CHAIRPERSON MATTHEWS: Okay. The other question, you say you've received information on comparable condominium units. Were any of those comparable units granted relief under this? MR. HcNEES: No, ma'am, and none of them petitioned for relief under this. CHAIRPERSON MATTHEWS: Okay. Fine. I presume, Mr. Pickworth, you have something you want to say. MR. PICKWORTH: Good morning, Commissioners. I'm Don Pickworth representing Gulf Coast Communities, the developer of Sherwood Park. Let me go through a few opening comments, and I think I will address some of the items that were brought up in the board questioning and that -- and then we will then go to our witnesses who will give you more specific and firsthand accounts of some of these things. Let me -- to set the context of our entire discussion -- I think it's real important here. We are here because we asked the county to enter into discussions with us to calculate an alternate and an appropriate impact fee for Sherwood Park. Sherwood Park is a condominium development consisting of 336 units. There's going to be, I believe its 42 buildings, each building to be an 8-plex. And we felt for reasons that -- that our witnesses will go into that the -- the fee structure -- see, we were told that, you know, we can -- we can have a 6-inch meter, our engineer says, and we'll talk about this. And what I'm going to give you is a copy of the engineering report. A 6-inch meter is adequate for this project. We were told that the impact fee would be basically $900, which is your water impact fee or EDU impact fee, times 336. And we were told that's what -- that's what it was. Well, we looked in the ordinance, and that isn't what it said it was, and we then felt that the reason was because at that point it would be appropriate to enter into a discussion as to what the appropriate amount was. And the touchstone for all this is found in your ordinance, which says this article should not be construed to permit the collection of water system impact fees from water system impact development in excess of the amount reasonably anticipated to offset the demand on the system generated by the development -- I skipped a few words -- and there is the identical language in your sewer system ordinance. So I mean obviously the touchstone of impact fees is that everybody pay his fair share. And this is what is required by the ordinance. And the ordinance then provides a method -- and this will address some of the comments Mr. McNees made -- a method by which you go about addressing that situation. And it provides for what is called an alternate fee calculation. Now, what I think has perhaps been not understood by the staff, and we -- and we met with them the other day and reiterated this point, but I guess we continue to disagree on this. And you can see that in the executive summary they talk about some independent study with demographics and facilities planning and everything else. Well, our point is we're not here to bring you a separate independent study vis-a-vis the basis of your impact fees. We're not challenging your own engineering study which establishes the basis of your impact fees, and I'll quote from that in a moment. Your impact fees are based on equivalent dwelling units. Your -- your engineering study says equivalent -- it says ERCs or ERUs. There seem to be a lot of different words, but it -- that's what your engineering study is based on and we'll accept that. And your ordinance says that an equivalent dwelling unit is an average use of 410 gallons a day. Well, we're not here to bring you an independent study where we think that your engineers were wrong when they came up with that. We'll accept that proposition as a starting point. And using that as a starting point now the question becomes, given this use, what is the appropriate function of an EDU, if you will, how do you -- and how do you establish that. And what we have done is simply looked at your own records for -- your own water use records and your -- and your staff people have been very cooperative in giving us computer printouts. What I'm going to give you in a moment is a big sack of computer printouts that they were kind enough to give us which reflect comparable projects. And we have taken projects, which are condominium projects where the irrigation for the grounds is coming off of -- I think in this case they were late type of irrigation. In other words, it's not using your potable water system to -- to -- to irrigate the project. And -- and so that's what we used for comparables, and based on that -- and we'll talk about the numbers we come up with in a minute, but that's how we arrived at what -- what would be a -- a proper fee. COMMISSIONER MAC'KIE: Mr. Pickworth, can I ask you a question? MR. PICKWORTH: Yes, ma'am. COMMISSIONER MAC'KIE: Why didn't we get any of this information? Why are we going to have to see this on first blush? Why didn't we get to see this today? MR. PICKWORTH: Okay. Thank you. I meant to address that. When we were here before, we -- we wanted a continuance because we wanted the opportunity to develop this information and to work with staff on this. And we met with Mr. HcNees last Friday, and the message we got pretty loud and clear was -- because we told him we had done a lot more development of comparables since then, and we laid out exactly the same argument that I've just laid out to you. And it was pretty clear that the rationale was exactly the rationale that was just expressed: A, it doesn't matter how many comparables you bring in because it's not going to change our mind; and, B, you're being treated, quote, just like everybody else. Now -- so with that in mind I guess our feeling was, well, we're going to have to bring this to the Board of County Commissioners to get it adjudicated. I mean their position is we apparently haven't done a study; the comparables don't matter; and everybody else does it, so you should do it. COHMISSIONER HAC'KIE: But it would be nice if we could -- since we're the ones that have to make that decision, I'm troubled by having to make -- do some analysis of all these computer printouts on the spot today. MR. PICKWORTH: Well, I think we can -- I don't know if we need to do that. I guess this is a quasi-judicial type of hearing, and we're here to testify. And, you know, like in many -- any other things where you listen to the witnesses and -- and adjudicate the credibility and reasonableness of what they're saying. Our witnesses will testify to -- to the fact that they have looked at the computer printouts. They have field checked the various -- CHAIRPERSON MATTHEWS: Excuse me. I've got to ask Mr. Cuyler a question. Does this rise to that level? MR. CUYLER: This isn't really -- they do have a right to present their case. CHAIRPERSON MATTHEWS: Yes, I understand that. MR. CUYLER: Some reasonable opportunity to present their case. In terms of quasi-judicial, some of these things are a little hazy as to whether they're quasi-judicial or not. I would probably consider this quasi-judicial. This isn't really an appellate position you're sitting in. Staff, in fact, brings this to you with a recommendation one way or another. You make the decision. Now, with regard to Commissioner Hac'Kie's concern, you also have the ability to continue this if you want to after the presentation of the evidence if you need additional time to look at anything. COHMISSIONER MAC'KIE: Okay. MR. PICKWORTH: I -- I would just ask that if we are going to discuss that that we have the opportunity to participate in that discussion if it comes later because obviously we initially wrote the county manager, which is what your ordinance requires, back in November. And in -- you know, there's a point at which, you know, we'd like to get a decision. Let me -- let me go back to what I -- what I was saying about the basis of your impact fees, and I'm reading to you from the study which forms the basis of your impact fees. It was done by Hartman and Associates in August of 1992, and this is the, quote, master plan referred to in your impact fees ordinances and incorporated into your ordinance. So this is the study. And they say an ERU is a unit of measure which approximates the average demand of a single family residential customer receiving service based on certain attributes of the residential unit, e.g. single versus multifamily, comma, square footage of account. CHAIRPERSON MATTHEWS: Mr. Pickworth, I'm going to interrupt you because if we're going to delve into the rationale nexus that makes up the imposing of this fee of which none of us have a copy of before us, we're not sure where you're going. But based on what I'm hearing, I think you're going to run -- be leading us down a path of a lot of numbers which many of us may not be able to keep track of. And I'm wondering if this board is interested in continuing this item and getting this information from the petitioner so that we can study it under a reasonable basis because we're being asked to judge a lot of numbers. COHMISSIONER NORRIS: Let me ask one question. Mr. Pickworth, can you make your case without attacking either the -- the methodology of developing our impact fee ordinances or the ordinances themselves, and can you make your case without presenting us with a lot of numbers that we have not previously been presented? In other words -- MR. PICKWORTH: The A part of your question the answer is yes; the B part is no. And let me explain that. I am about to pass all this out to you. We are not challenging the basis of the ordinance. That's why rationale nexus really does not -- to address your question, Madam Chairman, rationale nexus, which I understand is the constitutional concept by which the general validity of an impact fee is measured, is not part of our case. He's exactly correct that we are not challenging the basis of your ordinance. I just read you what the basis of your ordinance is. And all we're saying is take that which says that the -- the basic unit is a single family residential unit. Your ordinance says what that gallonage is, and then use the county's records. This is where we have to get into numbers because obviously in order to get a handle on this we have to look at the records. CHAIRPERSON MATTHEWS: Just a minute. Commissioner Constantine. COHMISSIONER CONSTANTINE: I think I share Commissioner Matthews' concern. And Commissioner Hac'Kie's expressed concern was being given numbers even if you do have them in print, being given numbers and asked to make a decision on that which in effect has an impact of several hundred thousand dollars. I would -- I wish we could have had these sometime in advance so I could have been able to digest some of the numbers. You may very well have a valid argument here. I just hate to have that handed out to us and immediately try to digest them all and make the decision presto. MR. PICKWORTH: Yeah, I don't know what the answer to that is because obviously the ordinance provides we make an application, and we have a hearing before the board where you decide it. CHAIRPERSON MATTHEWS: You'll have to speak to the microphone and not to the wall. MR. PICKWORTH: Excuse me. CHAIRPERSON MATTHEWS: I just wanted to remind you that we need to pick this up. MR. PICKWORTH: The procedure requires us to, you know, make our application. We've worked with the staff and attempted to resolve this, and having failed to, we now bring this to the board. CHAIRPERSON MATTHEWS: Okay. Commissioner Hancock. COHMISSIONER HANCOCK: Don, I understand what you're saying. The problem I have is that if I'm given this much information without sufficient time to review it, I'm going to take the conservative view and err on the conservative side for the county and not throw a couple hundred thousand dollars away. If when in doubt I'm going to protect the county. It is probably in your best interest as well as ours to receive all the information that you have so that we can review it individually so I can sit here and make an informed decision. Without being able to digest all that information today -- and let's face it, every time someone hands me a packet this thick at a hearing, I have no way of going through it and making it -- MR. PICKWORTH: This is it. CHAIRPERSON MATTHEWS: That's worse. COHMISSIONER HANCOCK: Well, that -- this comes on Thursday. So I get to spend my sleepless evenings looking at this. But when I get something today, I have a difficult time making what I would consider an informed decision on it, and it sounds like what you're suggesting -- I would feel more comfortable looking at the information you have ahead of the time to make a decision. In addition, in a lot of what you have done already you use the word average, or your consultants use average. Just to let you know where I'm coming from, all I care about is peak. Average doesn't mean doodle to me. When it comes down to water and sewer systems, what we have to deal with in planning is peak because to provide average means nothing. That means we can go under at any moment. So I'm more interested in peak as far as what you're going to present to us, but I would really like to see what you have to give us with some time to take a look at it myself. MR. PICKWORTH: Let me confer with Mr. Cuyler for one moment and then respond if I could. CHAIRPERSON MATTHEWS: I think we've got a consensus. Mr. Cuyler, is there a problem if we take a motion to continue this? MR. CUYLER: No, ma'am. I think Mr. Pickworth and I will both agree we don't waive any rights that either party has. Can we have just one moment to talk? CHAIRPERSON MATTHEWS: Sure. MR. PICKWORTH: I just want to talk about how to preserve fairness if we do this. I have no problem with the idea of time and advance to submit the information. MR. HcNEES: Commissioners, I'll fill in here for a moment. Just a couple of things I'd like to clarify. Mr. Pickworth's characterization of the staff is colorful, but it's not particularly accurate. We do believe that the comparables matter, and we believe that what they show is that this project's just like a lot of other ones. And the contention that staff's mind is made up and no matter what we tell them we're not going to change it, so we are going to come to the board to adjudicate this, staff's position is essentially irrelevant except as advisory. You under the terms of the ordinance adjudicate this, and it's not a question of since they couldn't convince us, they aren't going to convince you. And I tried to make that clear all along that staff's position was only an opinion based on how we read the ordinance, but it's your decision from the beginning. COHMISSIONER NORRIS: Mr. HcNees -- CHAIRPERSON MATTHEWS: Just a moment, Commissioner Norris. Commissioner Constantine. COHMISSIONER CONSTANTINE: Mr. HcNees, while we're waiting, they've mentioned and you mentioned the comparables. I think three in particular have been referenced. In your opinion, are they truly comparable? MR. HcNEES: They're -- they're similar. I would grant that they're comparable. COHMISSIONER CONSTANTINE: And those three did not petition us for a change? What I'm wondering -- without seeing the numbers, I don't have any idea if he has a valid argument or not. But if relief is available and group A, B, and C didn't pursue it, I presume your recommendation that D should not get it is based on -- still on the numbers and the gallonage and the amount of water they'll use. It doesn't have anything to do with the fact this A, B, and C didn't pursue it themselves, because that was an option they had and chose not to. MR. HcNEES: No. We believed it to be fair, not just because we did it for them, we have to do it for you. CHAIRPERSON MATTHEWS: Commissioner Norris. COHMISSIONER NORRIS: Mr. HcNees, just one more time. Has anything been presented to the utilities department that would indicate that there's anything different about these -- this set of condominiums than any other set that you've ever seen? Is there -- MR. HcNEES: No. Nothing has been presented to us that makes this materially different from what we -- why we would assume it to be as what it is. COHMISSIONER NORRIS: Okay. And -- COHMISSIONER HANCOCK: What was it you just said, Mr. HcNees? MR. HcNEES: Nothing has been presented to us to make from a staff point of view this markedly different from a standard condominium type project, no. MR. CUYLER: Madam Chairman, I think that the petitioner will reluctantly accept the board's decision to have this continued. I want to make it clear we're both preserving our rights as if they existed today and as if the hearing went forward today. Mr. Pickworth also wants to make sure that unless I tell him otherwise -- and he can go in and speak to the commissioners -- that both he and staff present the information and pay -- on paper to you, and you can review that. But nobody is lobbying anybody, and nobody is talking to anybody. If that changes -- if you have a question you need to get an answer from, let me know, and I'll contact Mr. Pickworth and tell him what's going on. COHMISSIONER CONSTANTINE: I'll make a motion to continue. My only question, can you have that to us this week so we can put it on next week's agenda? MR. PICKWORTH: I wanted to -- just a couple more housekeeping items, and I think Mr. Cuyler and I are in agreement on the process. This is almost like submitting a brief to an appellate court, and you can read it, and we will come back here on a day, and we will argue off of this. The staff will argue against this, and you can adjudicate this. I would actually like to present all of this to you today because this is our evidence, and I have a copy of this for everybody and one for the record, and what I'd like to do is -- this will constitute our evidence in this case. CHAIRPERSON MATTHEWS: Let me ask you a question since you're turning this into a court of law, so to speak. Under the rules of discovery, doesn't staff have the right to see what you've got, and don't they have the right to examine it? COHMISSIONER CONSTANTINE: My only question was how long did you need. MR. PICKWORTH: I don't know. But I guess they have seen -- well, most of what we've got in here they've seen. Most of what we've got is their records. COMHISSIONER CONSTANTINE: Mr. Pickworth, did you want one week or two for a continuation? MR. PICKWORTH: Two weeks. COMHISSIONER CONSTANTINE: I'll make a motion we continue the item for two weeks. COMHISSIONER NORRIS: Second. CHAIRPERSON MATTHEWS: There's a motion and a second to continue this item until March the 28th. All those -- is there further discussion? There being none, all those in favor, please say aye. Opposed? There being none, motion passes 5 to 0 to continue for two weeks. Item #SH1 THIRTY YEAR AGREEMENT WITH TWELVE YEAR OPTION WITH THE IHMOKALEE WATER AND SEWER DISTRICT TO LEASE A PARCEL OF LAND AT THE IHMOKALEE REGIONAL AIRPORT TO OPERATE A WATER PLAN FACILITY - APPROVED WITH CHANGES Next item on the agenda, item 8-H-l, a recommendation that the Board of County Commissioners execute a 30-year agreement with the Immokalee Water and Sewer District for the airport. Mr. Drury. MR. DRURY: Good morning, Commissioners. For the record, John Drury, executive director for the Collier County Airport Authority. COMHISSIONER CONSTANTINE: John, I'm sorry to interrupt, but you've been with us how long? Coming up on a year? MR. DRURY: One year this week, I believe. COMMISSIONER CONSTANTINE: I'm noticing a little gray hair in the front. I hope we haven't been that hard on you. MR. DRURY: You're about the third person that's told me that. COMHISSIONER HANCOCK: Welcome to the club, John. I'm getting it quickly myself. COMHISSIONER MAC'KIE: Ahh, poor things. CHAIRPERSON MATTHEWS: Commissioner Norris has his share. COMHISSIONER NORRIS: That's okay. MR. DRURY: Before you today is a recommendation that the Board of County Commissioners execute a 30-year agreement with a 12-year option with the Immokalee Water and Sewer District to lease a parcel of land on the airport. The Immokalee Water and Sewer District currently have a 40-year lease on the airport that pays about $1,900 a year. What we are asking Immokalee Water and Sewer District to do is put in about $187,000 worth of waterline infrastructure to the new industrial park. And that amounts to about four -- an increase in the annual rent to about $4,452. The $186,000 that they will be contributing to the airport industrial park will be matched by another $186,000 by the Economic Development Administration in Atlanta to do another $186,000 worth of work on the airport. So the total contribution to the Immokalee Industrial Air Park is about $373,000. This agreement would be at no cost to the county. It increases the annual rent. COMHISSIONER HANCOCK: Mr. Drury, this sounds like one of your standard presentations where, gee, whiz, we don't have to fork out a dime, but we're going to get something in the end. MR. DRURY: That's a good summary. COMHISSIONER HANCOCK: Well, okay. I really don't have any problems with this. I'd like to make a motion to approve. COMHISSIONER MAC'KIE: Second. CHAIRPERSON MATTHEWS: We have a motion and a second, motion by -- CHAIRPERSON MATTHEWS: You need to get something on the record? MR. DRURY: Yes. There were some editorial changes, and I'll leave them for the record. There was a page break in the document that needs to be changed -- MR. CUYLER: John, you don't even need to cite them. Just indicate that there are some editorial things we need to clean up. COMHISSIONER HANCOCK: I'll amend the motion to approve with changes submitted by Mr. Drury. COMHISSIONER MAC'KIE: Second, yeah. CHAIRPERSON MATTHEWS: The second accepts the changes? COMMISSIONER MAC'KIE: Yes, ma'am. CHAIRPERSON MATTHEWS: We have a motion by Commissioner Hancock, second by Commissioner Mac'Kie to approve agenda item 8-H-1. There being no further discussion, all those in favor, please say aye. Opposed? There being none, motion passes 5 to 0. MR. DRURY: If it pleases the board, I just wanted to let the board know that we just received all four grants yesterday for the Marco Island Airport totaling exactly $875,000, so it's all coming through. COMMISSIONER MAC'KIE: It pleases the board. MR. DRURY: It will be -- the authority accepted these yesterday, and they will go before you in about a week. COMHISSIONER MAC'KIE: Thanks for all your good work. MR. DRURY: Thank you. Item #9A RESOLUTION 95-205 SUPPORTING THE PASSAGE OF HOUSE BILL 5 AND SENATE BILL 438 RELATING TO ACCESS BY MEMBERS OF THE PUBLIC TO LOCAL PUBLIC OFFICIALS - ADOPTED CHAIRPERSON MATTHEWS: Thank you. Next item on the agenda is county attorney's report, item 9-A, a resolution for public access. We discussed this one last week. COMMISSIONER CONSTANTINE: This is 23, and it's going to go 5; is that right? MR. CUYLER: Correct. COMMISSIONER CONSTANTINE: We've all had copies of this. I assume we've all reviewed them. We had the discussion last week. Unless there is public input, I'll be happy to make a motion to approve the resolution. COMMISSIONER MAC'KIE: Second. COMMISSIONER NORRIS: Which ones are these? COMMISSIONER CONSTANTINE: 23 and 5, public access. COMMISSIONER HANCOCK: The one we've been asking for. CHAIRPERSON MATTHEWS: Are there public speakers on this? MR. DORRILL: No. CHAIRPERSON MATTHEWS: We have a motion by Commissioner Constantine. Did you second it? COMMISSIONER MAC'KIE: I did. CHAIRPERSON MATTHEWS: Second by Commissioner Mac'Kie to approve the resolution in support of the public access bill before the legislature. No further discussion, I'll call the question. All in favor, please say aye. Opposed? There being none, motion passes 5 to 0. Item #9B RESOLUTION 95-206 SUPPORTING THE PASSAGE OF HOUSE BILL 1693 RELATING TO PARTIAL-YEAR ASSESSMENTS OF AD-VALOREH TAXES ON REAL PROPERTY BUT OPPOSING THOSE PROVISIONS OF HOUSE BILL 1693 RELATING TO PARTIAL-YEAR ASSESSMENTS OF TANGIBLE PERSONAL PROPERTY TAXES - ADOPTED COMMISSIONER HANCOCK: Likewise on the next -- H-B-005. Is that the next one, or is this -- CHAIRPERSON MATTHEWS: Next one is a resolution on partial year assessment. COMMISSIONER HANCOCK: Again, something we've discussed, something that FAC has supported. CHAIRPERSON MATTHEWS: We just got that bill, and I was going to circulate it, I think, today to you. This may be coming a little bit premature. I'm not sure if you have had the opportunity to read the bill. Is that tangible personal property clause in there? MR. CUYLER: It's -- COMMISSIONER HANCOCK: No. Our version excludes that. MR. CUYLER: We -- yes, it's in the bill. Yes -- yes, it's in our resolution. CHAIRPERSON MATTHEWS: It's been exempted. MR. CUYLER: We do not -- we oppose the provisions that relate to that. CHAIRPERSON MATTHEWS: Okay, fine. COMMISSIONER HANCOCK: I made sure that was -- CHAIRPERSON MATTHEWS: Okay. So we're opposing the inclusion of the tangible personal property? MR. CUYLER: Right. That's item number 2 at the bottom of your resolution for 9-B. COMMISSIONER CONSTANTINE: If the board is comfortable with that, I'll make a motion to approve that. COMMISSIONER NORRIS: I'll second. CHAIRPERSON MATTHEWS: We have a motion by Commissioner Constantine and a second by Commissioner Norris to approve the resolution in support of partial year assessment excluding tangible personal property. All that -- if there is no further discussion, call the question. All in favor, please say aye. Opposed? There being none, motion passes 5 to 0. Item #10A RESOLUTION 95-207 REAPPOINTING FRANK BLANCHARD AND RICHARD LYDON AND APPOINTING HUBERT HOWARD TO THE CITY/COUNTY BEACH RENOURISHHENT MAINTENANCE COHMITTEE - ADOPTED Next item is item 10-A, appointment of members to the city-county beach renourishment maintenance committee. COMHISSIONER MAC'KIE: I -- I had just one question on that one. Hub -- Hubert E. Howard, Junior. I wondered if -- if the recommendations were made based just on this resume, which I don't think would be an adequate description of Huby's ability to contribute to this -- COMHISSIONER HANCOCK: No. COMHISSIONER MAC'KIE: -- to this committee. I would like to see Mr. Howard appointed to this committee unless there's some strong reason that I am not aware of. COMMISSIONER HANCOCK: Again, I have similar feelings about -- he's recommended for reappointment, Dick Lydon, very involved, very active. I like both he and Huby. I don't -- you know, again, I don't know Mr. Blanchard. I do know Miss Fenderick. She's a landscape architect at a unnamed local engineering firm. COMHISSIONER CONSTANTINE: That keeps cropping up. COMMISSIONER HANCOCK: Yes. But I too also encourage Mr. Howard and Mr. Lydon as two very well qualified candidates. COMHISSIONER NORRIS: Well, then I will make a motion that we nominate Mr. Howard, Mr. Blanchard, and Mr. Lydon. COMHISSIONER CONSTANTINE: I'll second that motion. CHAIRPERSON MATTHEWS: We have a motion by Commissioner Norris to recommend Mr. Howard, Mr. Blanchard -- Blanchard, and Mr. Lydon to the city-county beach renourishment committee. We have a second by Commissioner Constantine. If there is no further discussion, all those in favor, please say aye. Opposed? There being none, motion passes 5 to 0. Item #10B DISCUSSION RE FLORIDA CITIES WATER CITIZENS COHMITTEE - TO BE BROUGHT BACK ON MARCH 21, 1995 Next item on the agenda is item 10-B, Florida Cities Water Citizens Committee. Commissioner Constantine. COMHISSIONER CONSTANTINE: This should take all of about 60 seconds or less. When we did the conditional use for Florida Cities' water expansion of their wastewater plant in Golden Gate, there was a citizens committee referenced in there. There was some confusion as to whether they had been officially appointed or not. It was fairly clear on the record who those representatives would be, and all I want to do is ratify that today that we have created, and those people can meet and so on. There's been some confusion. Florida Cities -- CHAIRPERSON MATTHEWS: Wasn't that an existing committee that we merely moved into that? COMMISSIONER CONSTANTINE: No. Florida Cities wants to make -- has asked now to make a committee that they have -- citizens advisory committee that they have appointed and had in place for a few years, but those are their selections, which seems to be self-defeating if this is supposed to oversee the Florida cities -- MR. DORRILL: We did something similar to this years ago at Audubon, and it was to appoint a committee of residents who lived just north of Audubon in Bonita Shores or Little Hickory. And we had done a little research, and I remember there is a resolution as part of the conditional use approval. And I don't know if -- Commissioner Constantine, whether you want a subsequent resolution number or just some official designation -- COMHISSIONER CONSTANTINE: Yeah. I'm asking that we ratify -- it's fairly clear in that record as to who the positions are. It's one person from the -- MR. DORRILL: Right, civic association. COMMISSIONER CONSTANTINE: A specific person from the neighborhood, so on. MR. DORRILL: All right. COMHISSIONER CONSTANTINE: I'm just asking we ratify that. That's all. CHAIRPERSON MATTHEWS: Why don't we bring that back next week so we have definitive names and so forth and do it -- COMHISSIONER CONSTANTINE: Okay. CHAIRPERSON MATTHEWS: -- do it properly. You can do that next week, Mr. Cuyler? MR. CUYLER: Yes, ma'am. CHAIRPERSON MATTHEWS: Okay. We'll have that next week. Item #10C RESOLUTION 95-208 APPOINTING DAWN LITCHFIELD TO THE COLLIER COUNTY HOUSING FINANCE COHMITTEE - ADOPTED Next item on the agenda is a recommend -- or a resolution from the Collier County Housing Finance Authority to -- they're recommending that we appoint Dawn Litchfield to their authority. COHMISSIONER NORRIS: That's a familiar name. CHAIRPERSON MATTHEWS: Yes. There's only the one recommendation, and there's only the one position, and I'm sure that she's well qualified. COHMISSIONER HANCOCK: I'll gladly make that motion to appoint Hiss Litchfield. COHMISSIONER CONSTANTINE: Second. CHAIRPERSON MATTHEWS: We have a motion by Commissioner Hancock, a second by Commissioner Constantine to appoint Dawn Litchfield to the Collier County Housing Finance Authority. If there is no further discussion, I'll call the question. All those in favor, please say aye. Opposed? There being none, motion passes 5-0. You've got a new member. MR. PICKWORTH: Thank you. Item #10D PRESENTATION BY MYRA DANIELS REGARDING THE CONCEPTUAL AGREEMENT FOR THE TDC GRANT APPLICATION - CONCEPTUAL APPROVAL GRANTED WITH STIPULATIONS CHAIRPERSON MATTHEWS: Next item on the agenda is item 10-D. It's a presentation from Myra Daniels on the mega event that we all read about this morning that the Philharmonic is supporting, but it is the county; is that right? The papers said the city. MS. DANIELS: It is the county. CHAIRPERSON MATTHEWS: That's what I thought. COMHISSIONER HANCOCK: It's an important point to start off the presentation. MS. DANIELS: Absolutely. They were here, and they heard it as the county. I'm Myra Daniels, and, Madam Chairman, Commissioners, I'm here to talk about a very exciting possibility for our community. The name of the event, the working name, is the mega event. The corporate sponsors in this -- I have and have shown your chairman a letter from Telarc International, the world's largest independent recording operation, and they will put five million dollars into this project. The date's Hay. We have yet to decide on which day in Hay. We're hoping for the second week in Hay. The location, a hundred acres in Westinghouse's new development, Pelican Marsh, on Vanderbilt and Airport Road. The goal would be to attract people to this worldwide -- worldwide publicized event in this county, and it would improve tourism. We are aiming toward 20,000 people to come to the event, but we know that there will be a billion impressions throughout the world on the event. We already have commitments for nine total telecasts all over the world, and there will be repeats. The only way that I can explain this event to you is that it is very similar to the Three Tenors. And the reason that I do not name the artist is because we are in negotiation. And if we don't get one, we have to get another, and you know how artists are. At least we know with our six years of experience. COHMISSIONER MAC'KIE: Nobody wants to be second choice? MS. DANIELS: Right, right. We would be able to expose our story and the Collier County story in 70 to a hundred countries within 30 days of the event. We know that there will be CDs and video cassettes and a book that will be printed. The book we will have 500,000 copies on the first run. The CDs will be approximately three million to start with. The campaign will be worldwide. We -- we have -- we know that we will have advertisements in newspapers and magazines in all the major cities in America; New York, Boston, Philadelphia, Chicago, Cleveland, Washington. We know that we will cover Canada, South America, Europe, and part of the Far East. The advertisements will be both on the in-flight magazines for domestic and international. A national radio campaign to promote this will be done. There will be prominent placement in national direct mail credit card campaigns such as American Express, Master, Visa. Newspapers and magazines on all levels and the travel magazines will take place. The -- we will be represented at POW, which is the -- the organization that represents tourism throughout the country. We will do some short-term concert campaign -- preconcert campaign advertisements, and they will be in things like TV Guide. We will use music magazines. We will use radio, television, and really basically sponsor promotional campaigns. There will be souvenirs. There will be a post-concert campaign to sell the videos. That will be handled by Telarc. And right down the line we have hired -- Telarc has hired the man who did -- Wayne Brew (phonetic), who was the general manager of the Three Tenors, and we will be working with him very closely. In fact, I have been working with him very closely the last few days. As far as our organization goes, you know we are in our sixth year. Our assets are $31,733,244. We try to run a good business, and so far we have succeeded in that. We will not promise anything that we cannot present, and you might -- you might say, well, why are you so interested, so I will tell you. First, I think that this area deserves a major event, an event that is not entertaining ourselves, but attracting tourism to the -- to the community. But, secondly, my selfish side is that Telarc International will hire our orchestra to perform with these mega stars, and so that is a very, very major step. The Philharmonic representatives and my colleague, Ann Allen -- there she is -- who is our vice president of marketing, will survey and collect data on all of the hotel occupancies. And we will be able to not only check out what it means to the community, but we will weigh what you are getting back. Ann, may I have my prop? There are benefits to this community, and the community really has far-reaching benefits. As we talked to the TDC, we told them that it's seldom that you can get an outside investor to give you a five million dollar investment to do this job. Telarc has agreed not only to give us that sum, but to help us build an amphitheater, and that would be on those hundred acres. And we would also have to have at least 14 months of preconcert publications, publicity. And it's such a hot item, because it's never been done in the world that we know that we will get free mileage in the news publications and all the major magazines and newspapers. The worldwide television broadcasts in 70 to a hundred countries we're pretty sure of because of the record of Three Tenors. The -- and that will take place about 30 days within the 30 -- first 30 days of our presentation. The CDs and recordings, we're figuring a very conservative run, and we think it will be three million. When Three Tenors went out, they figured that, and they have more than tripled that, so -- There are up to 20,000 that we can handle here in the county, and they will be people coming from all over the world. We have a commitment for 1,100 rooms. We need 500, but -- CHAIRPERSON MATTHEWS: You need 5,000. MS. DANIELS: 5,000. Did I say 500? I wish it were. You just pile them into those 500 rooms. But basically we think that we can get them in rentals, and we also think that when the hoteliers see the whole plan, they may be able to let loose of some more rooms. There's a team of a hundred production people who will come in from Hollywood, but we will use probably three times that from our own county if they are qualified for production. The documentary is the making of a televised worldwide entertainment, and it will be -- of course, we will show parts of Collier County, and it will be a first-class piece. And Three Tenors hit 1.3 billion viewers. We plan to hit at least a billion. I think we'll -- I think we'll hit more. According to Mr. Barouche (phonetic) and Mr. Woods, who is the president of Telarc, they feel very confident of that. CHAIRPERSON MATTHEWS: Okay. Let me first say that I cautioned Myra last night about add-on items to our agenda that, number one, get complicated and, number two, ask for a lot of money. So she's elected to come forward on -- on her own, and I agreed to put it on the agenda. So she's got a time frame that she needs to work on __ MS. DANIELS: Right. CHAIRPERSON MATTHEWS: -- and she's looking for conceptual agreement. We'll talk in a few minutes what you mean by conceptual agreement. Commissioner Constantine. COHMISSIONER CONSTANTINE: I had a chance to talk with Ms. Daniels this past week, and I hadn't seen it to this extent. But as I try to break this down, we're looking at tourist tax dollars. And if we can bring 20,000 people to the area, the economic impact that adds is overwhelming. That is the purpose of the tourist development funds. We talk about five million dollars that someone is willing to pump into our economy, a crew of over a hundred people from elsewhere, this is like Just Cause all over again. One of the big reasons we had such a good season last summer was the filming of Just Cause here in the county and the crews that they sent in and the money that they spent. And that helps not only the hotels, but all the other businesses in the county as well. So I think that money and the economic side very easily is met. I start looking at some of the other things you have here, and it's staggering. That many countries -- we're looking at maybe a hundred countries worldwide, CDs and videos. And you mentioned several times the Three Tenors, and they are virtually everywhere. You look at -- CHAIRPERSON MATTHEWS: Even we bought that tape. COHMISSIONER CONSTANTINE: -- Naples Daily News. At the end of the week they have the top albums and top videos and everything else worldwide. And they are on both lists and have been for awhile. And I suspect we could expect the same. But the recognition for our area would not -- this isn't a one-time shot. This would go over and over and over and over. One of the complaints with category C, funds, is we've been piling up the money, and there have been little or no applicants for an event that truly draws people and has an impact. This looks to fill that void. So I understand today you're just looking for conceptual approval. You don't have whatever paperwork we need. But at first blush this looks great. MS. DANIELS: Thank you. COHMISSIONER CONSTANTINE: I can't think of a bigger event that's going to draw more attention to our area. CHAIRPERSON MATTHEWS: Commissioner Hancock. COHMISSIONER HANCOCK: Likewise I had the good fortune of speaking to you, Ms. Daniels, over this week. And I became very excited and in the same breath cautioned her that we have not seen a request of this magnitude, nor have I think we've seen a project of this magnitude, so they do parallel each other. I have one concern, and that is that in the -- we're looking at -- at what's the time frame from today to the point at which this event happens? What is that time frame in months? MS. DANIELS: If we get the concept approved, we will work with your budget people and your attorney to get a document. We will not touch any of your money and probably will not need it before maybe March of '96. But we ask you to put aside the money that you have and the additional money needed in escrow for this project. We'll know quickly whether it's go or no. And we need to have the backing that we would be able to use this two million dollars for the artists and for some -- some of the media, but it doesn't start to cover the media. COHMISSIONER HANCOCK: Okay. That brings in the second question, which is there are obviously going to be other requests in the interim between this time and the time at which that total two million dollars is utilized. One or two of those may be significant or may not. I would like to see what are we allocating; what are we escrowing; what is left; in other words, are we using everything -- CHAIRPERSON MATTHEWS: Let me -- let me do that. We did some quick calculations last night. And currently in category C there's about $800,000. There will be a little over $800,000 coming from the supreme court settlement. We've got about 1.5, 1.6 available right now in category C. We've been -- and that takes us through what? September 30 of '94. So we're currently collecting money, and we have another year to collect the money. We estimated by the time that the Phil actually draws the money down, there will be about 2.8 available. COHMISSIONER HANCOCK: Okay. Because my concern was that we handcuff ourselves against any other requests or events that may come in in the time frame, and I didn't want to put all our eggs in one basket. MS. DANIELS: There would be more, or you would have that leeway. We're not -- COHMISSIONER HANCOCK: Okay. Make sure we weren't utilizing 100 percent during that time frame solely for this event, because I am very convinced that this is a terrific idea. MS. DANIELS: I don't think this will come to our community every year, but I tell you that I stake my own background in promotion on it because it has all of the elements of making a good -- a good presentation for our community. I apologize for being so rapid on this, but we -- we have learned that a similar project could be in the wind, and so we have to announce it. We have to get our contracts. CHAIRPERSON MATTHEWS: Okay. Commissioner Constantine. COHMISSIONER CONSTANTINE: Just in reference to Commissioner Hancock's question, which is a very good question, we raise -- I don't know. What is it -- about 800,000 -- CHAIRPERSON MATTHEWS: A year for category C. COHMISSIONER CONSTANTINE: -- a year in category C, and in the past couple years we've spent like 150,000 total. So I think if we have over and above what you're requesting another 800,000, we have a fairly good cushion there. CHAIRPERSON MATTHEWS: Commissioner Norris. COHMISSIONER NORRIS: Mr. Cuyler, on category C, if the event is financially successful, the funds are returned to the TDC; is that correct? MR. CUYLER: Under the -- under the current guidelines, yes, but there's been a lot of discussion about changing that. I don't know whether that's going to get changed or not. When I say under the guidelines, those are guidelines adopted by resolution of the Board of County Commissioners. That's not in the statute. That's not in your ordinance, but that is the current guideline. COMMISSIONER NORRIS: That's the current guidelines. MS. DANIELS: We are asking for two million that will cover the artist fees, and we have nothing to do with the other side of the five million. We can't control it. CHAIRPERSON MATTHEWS: So -- COMHISSIONER NORRIS: Keep the -- but my -- my question is, if nothing changes in the ordinance, that has to be repaid out of receipts from the event. CHAIRPERSON MATTHEWS: I believe based on some of the discussion. Would we have to make this change prior to the money being approved? MR. CUYLER: I would suggest that you do. There was a lot of discussion at the TDC about if you could fill up enough bed nights. COMHISSIONER CONSTANTINE: Right. MR. CUYLER: You know, that's what we're looking for as opposed to a situation where you don't fill up that many, and then we have an agreement that if you have anything extra, you return it. COMHISSIONER CONSTANTINE: A simple question that might render this discussion moot is do you anticipate taking in -- you said 20,000 people, but do you anticipate taking in two million dollars at the gate? CHAIRPERSON MATTHEWS: Actually it's five. The seven -- MS. DANIELS: The -- the total cost of this whole project is a little over seven million dollars. We anticipate at least three million to come in on gate, but we have to pay all the rest of this out. COMMISSIONER CONSTANTINE: So unless you make more than what you're putting out, then the discussion we're having is moot. I think it's a valid point, and we need to look at it, but it may end up being moot here anyway. MS. DANIELS: I don't think we'll have seven million dollars. CHAIRPERSON MATTHEWS: I guess one of my questions, Mr. Cuyler, deals with the sequence of events that we're talking about. If this board were to agree to conceptual approval of this -- and obviously the application for the grant itself can't be filed until she has some further word from her artist and the conductor and so forth -- is it the date of the approval of the application or today if we sign on conceptually to this that will guide the refunding of grant monies? MR. CUYLER: It will be the date of the approval of the application will be actually your contract that you enter into, either then or shortly thereafter. And to tell you the truth, I'm not sure your guidelines really anticipate a project of this size. CHAIRPERSON MATTHEWS: Of this size, I'm not sure it does. MR. CUYLER: You may need to make some changes. Matter of fact, some of the items that Miss Daniels is saying the money would go to, I'm not sure that's what it would go to. But in an eight million dollar project, there is certainly two million dollars that can be used for appropriate items under your -- under the guidelines and such, but it may take some tweaking and some changes to your guidelines to accomplish this. But I knew that if this type of project ever came along, that you would be looking at a change to your guidelines. CHAIRPERSON MATTHEWS: Okay. Commissioner Norris. COHMISSIONER NORRIS: This sounds like an excellent project, this is something that would be very beneficial to our community. Unfortunately, I haven't had the luxury of meeting with Hiss Daniels in the last week or so, so this is the first time that I have seen any of this information. There is a couple of other factors. There has been a suggestion, not a formal request yet, but a suggestion that some of this money may be used for a project like Lake Avalon. The other thing is we don't have two million dollars in the account right now, and we're hoping that we will, and we would assume that we will, but we don't know that at the moment. We can -- we can project that we probably will. So all I'm saying is that while I think it's a worthwhile project, it's something we need to take a hard look at. I think it's a bit premature for me to support it today without having the benefit of further information. CHAIRPERSON MATTHEWS: Okay. Thank you. Commissioner Constantine. COHMISSIONER CONSTANTINE: I disagree. You asked about the current TDC law, and under our existing law Lake Avalon wouldn't qualify because our local county has not -- it's not structured to put money toward parks. I understand that question is coming up, but under existing law that's not an alternative. I understand we have one speaker, but I am going to put a motion on the floor today to make a motion in favor of conceptual approval and, of course, subject to budgetary review. If for some reason we don't collect any tourist tax money between now and next March and we don't have that much, then obviously we can only give what's there. But I am going -- I will wait until we have the speaker to make that formal, but I will make that motion. CHAIRPERSON MATTHEWS: Before we have a second, I need to get some things on the record also. We have a speaker, Mr. Dotrill? MR. DORRILL: Yes, ma'am, Mr. Keller. He's your only One. MR. KELLER: George Keller, concerned citizen. I would just like to ask one question. Has the Tourist Development Council passed this thing? CHAIRPERSON MATTHEWS: Yes. MR. KELLER: Oh, they passed it? CHAIRPERSON MATTHEWS: They did on a vote of six to two . COHMISSIONER HANCOCK: Thank you, Hr. Keller. HR. CUYLER: Six to two based on conceptual that was requested of the board. CHAIRPERSON MATTHEWS: Okay, Hiss -- Hiss Daniels, before we get a motion on the floor, I've got some things that I think we need to get onto the record. And number one is a budgetary review. The Tourist Development Council has in the past opted to make funds available in the event of a hurricane, and we had one summer season before your event. And some of the funds that currently exist may be furthered away should there be a storm this summer, so I need to make you aware of that. MS. DANIELS: I am appreciative of that. CHAIRPERSON MATTHEWS: The other thing is I need an explanation from you as to what is your interpretation of conceptual approval. MS. DANIELS: It means that I can go ahead and negotiate the artist, set the time. We have the land. We would have to start ticketing within 60 days. It would be a terrible thing if we then had the concept pulled back. We would trust the fact that tourist development's majority and whatever this vote is would back it, and we would work toward finalizing it. CHAIRPERSON MATTHEWS: Are you going to be working with our attorney on the artist contracts so I presume that there will be adequate protections for the county and the TDC funds should for some reason the event fall apart? MS. DANIELS: We -- we would carry insurance on certain facets of it. CHAIRPERSON MATTHEWS: Well, I'm -- MS. DANIELS: We will not collect any money -- if this event cannot go ahead, then there's no money to collect. CHAIRPERSON MATTHEWS: I just don't want artists who have entered into contracts winding up suing the county. MS. DANIELS: They can't. CHAIRPERSON MATTHEWS: I just want to make sure that that doesn't happen. MS. DANIELS: We can make sure of that. You're not hiring them. CHAIRPERSON MATTHEWS: You're going to work with Mr. Cuyler. And I presume, Mr. Cuyler, you're going to make sure that the county is adequately protected. MR. CUYLER: Yes, ma'am. And Hiss Daniels has obviously done some big projects in the past. She understands that she can only rely on the contract. And we need to actually get the contract put together before she can -- COHMISSIONER CONSTANTINE: It seems to me it's kind of like chicken and egg. You can't make a formal application unless you know there is some support so you can't negotiate -- CHAIRPERSON MATTHEWS: I understand that. I just need to get these on the record -- COHMISSIONER CONSTANTINE: Yeah. CHAIRPERSON MATTHEWS: -- so that if things -- MS. DANIELS: Thank you. CHAIRPERSON MATTHEWS: -- don't work out that we've got what we need. And the last thing that I need to make sure that you're in agreement on is that any conceptual agreement made by this board today is subject to a submittal and approval of a grant application to the TDC -- MS. DANIELS: Absolutely. CHAIRPERSON MATTHEWS: -- and this board at some future date, that all we're doing today possibly is to agree with the concept and agree to set funds aside in the event that you file this application and get it approved. Commissioner Norris. COHMISSIONER NORRIS: One -- one final question for Hiss Daniels is are we going to know who the Tenors are before we commit any final monies? MS. DANIELS: They are not Tenors. I -- I hope that we can negotiate this very quickly. COHMISSIONER HANCOCK: It's not going to be the Three Piccolo players, is it? CHAIRPERSON MATTHEWS: She maintains that we'll recognize their names as soon as we hear them. MS. DANIELS: You will know them. They are household names. COMMISSIONER CONSTANTINE: Grateful Dead. CHAIRPERSON MATTHEWS: Mr. Cuyler, do we have everything on the record now that we need to get on the record? MR. CUYLER: Yes ma'am. I think that everybody understands what we're doing today. COMMISSIONER CONSTANTINE: I'm going to make a motion. Recognizing that the tourist development tax is indeed for that, tourist development, and that this will pump seven million dollars plus into our economy, that it's going to fill $55,000 room nights, that as a result of that we'll have a -- CHAIRPERSON MATTHEWS: $5,000 room nights? COHMISSIONER CONSTANTINE: I'm sorry. I've got a dollar sign written here. Let me scratch that out. 5,000 room nights, probably a little more than $5,000, a huge positive impact. And I think perhaps most importantly to tourist development is we can gain from this unparalleled recognition. MS. DANIELS: Worldwide type. COHMISSIONER CONSTANTINE: I don't think there is any other type of event that would bring this type recognition. So with that in mind, I'll make a motion in favor of conceptual approval obviously subject to the budgetary review and if we have a hurricane or all the things outlined by our chairman. CHAIRPERSON MATTHEWS: We have a -- COHMISSIONER MAC'KIE: Second. CHAIRPERSON MATTHEWS: We have a motion by Commissioner Constantine, a second by Commissioner Hac'Kie. Is there further discussion on the motion? COHMISSIONER HANCOCK: I have to admit -- and I'm going to support the motion -- it's big enough to give me butterflies, Myra. MS. DANIELS: Don't worry. COHMISSIONER HANCOCK: This is a huge commitment. I will support the motion. CHAIRPERSON MATTHEWS: I've got butterflies too, but obviously we keep the money until she can produce the contract applications and all that so I can support it. MR. DORRILL: Commissioner Constantine is forever reminding Mr. Cuyler and I that -- when he expects to see something back, and you expect to be updated on this, and if so, what time frame. And you may want to get some concurrence as to how quickly that might be. COHMISSIONER HANCOCK: That would be yesterday? CHAIRPERSON MATTHEWS: She's indicated that she needs to move forward quickly with the contracts. Can you give us some time frame as to -- MR. DORRILL: 30 days. CHAIRPERSON MATTHEWS: -- when the TDC will look for this grant application? MS. DANIELS: Oh, I think we can have the grant application within the next ten days. CHAIRPERSON MATTHEWS: And that will have all of the contract names, artists, conductor -- MS. DANIELS: Well, I don't know about the contract names yet. Give me the leeway then for 30 days. If I can come back in ten, you have it. COHMISSIONER CONSTANTINE: Great. CHAIRPERSON MATTHEWS: I think -- I don't want to commit this board, but I think we would like to see the names of the artists when this application comes back -- COMHISSIONER CONSTANTINE: When it's approved. CHAIRPERSON MATTHEWS: -- when it's approved because I mean it's two million dollars, Myra. MS. DANIELS: All right. CHAIRPERSON MATTHEWS: It's a lot of money. With no further discussion, I'll call the question. All those in favor, please say aye. Opposed? Motion passes 4 to 1, Commissioner Norris in the opposition. MS. DANIELS: We're grateful. Thank you. CHAIRPERSON MATTHEWS: Thank you. Let's take a quick break. It's 25 after. Be back at 20 of. COMMISSIONER CONSTANTINE: Come back for the afternoon agenda. CHAIRPERSON MATTHEWS: Yeah. COMHISSIONER CONSTANTINE: I like that. PUBLIC COMMENT - DISCUSSION REGARDING LANDFILL CONTRACT (A short break was held.) CHAIRPERSON MATTHEWS: Reconvene the county commission meeting for March 14th, 1994. We're into the afternoon portion of our agenda. MR. DORRILL: You do have a public comment. CHAIRPERSON MATTHEWS: We do have a public comment? MR. DORRILL: Yes, ma'am. CHAIRPERSON MATTHEWS: Okay. We're at the public comment. MR. DORRILL: From Mr. Delate. CHAIRPERSON MATTHEWS: Mr. Delate, we limit our public comment to 5 minutes. MR. DELATE: Good morning. For the record John Delate. And before I give my remarks, I would like to give a brief preface. Please do not assume that the public has lost interest in the landfill issue. Just as low voter turnout does not signify satisfaction with the elect firms, so too the lack of large groups in front of you today does not indicate agreement with the landfill contract. As you are well aware, on February 17th the board voted 3 to 2 to approve a contract with Waste Management for the operation of the landfill. Through public review of the contract several very important points have been clarified and have saved the county countless amounts of money. It has been these county residents who have fostered the following changes. CHAIRPERSON MATTHEWS: Mr. Delate, I need to interrupt you. You said February 17th. I believe it was February 7th. MR. DELATE: Okay. Excuse me, February 7th. CHAIRPERSON MATTHEWS: Okay. MR. DELATE: The reduction -- the county -- it has been these county residents who have fostered the following changes: A reduction in the size of the daily working space in the tarp; the implementation of adherence to the Clean Air Act; the disallowance of tires as an intermediate cover; and control of the origin of the waste flow. Public scrutiny of the contract has thus far been extremely beneficial to every single county resident. The final version of the contract, however, has not been put forth for public examination. It is imperative that the board permits this democratic process to take place. To avoid this review would be detrimental not only to rate payers, but especially those people in the 4-mile radius surrounding the landfill. This contract probably still contains numerous serious flaws that must be addressed. The board shouldn't, as they did in the past, use the excuse that you will wait the 120 days until the daily operations plan is presented. That plan will simply reflect items currently in the contract. I've spoken to attorneys on this matter as well as engineers. They have told me there is no mechanism in the contract to alter the daily operations plan once the document is signed. So any alterations must, therefore, be corrected prior to the final signing. Among the most critical aspects of the contract that need to be addressed are the following: Number one, the use of an intermediate cover. The contract, as I understand it, still states that this cover may be lifted up to dump more waste. The Florida DEP and sanitary landfill experts contend that at least 12 inches of dirt fill should constitute the intermediate cover. Removing a 12-inch intermediate cover is not the best management practice; and, number two, the use of a synthetic tarp for daily cover instead of 6 inches of dirt fill. The Florida DEP, the EPA, environmental engineering experts, fire chiefs, and even our own county staff affirm that the soil cover is much safer for fire control and that it significantly reduces odor. The EPA who I spoke to several times in the past few days ranked daily cover materials and stated that soil fill is indeed the most effective. They said that foam is next as an average cover and that a synthetic tarp is the least effective. In fact, the EPA official noted that a deodorizing agent, basically a perfume, is used with the tarp just to help combat the odor. These safety and odor control issues must never be trivialized. Do not assume, as many have, that gas management systems will abate the odor. The Lee County landfill has had the system in place for years, and that dump still emits an awful odor. They have the gas management system, but they also use a tarp. Here again the EPA authorities say that no one should suggest that a gas management system will eliminate the odor at any landfill, so the 80 to 90 percent reduction predictions that have been floated around are not based on anything scientific. The board should remember that economics must be weighed with quality when assessing bids. It appears as though this contract sacrifices high safety and quality standards for lower tipping fees. The three board members of the prevailing side in this contract need to revisit the contract and address the aforementioned issues as well as many other concerns. The public must also have the chance to review the finalized version. For if this opportunity to revisit the contract passes, when the odor problem remains, we can thank Commissioners Hancock, Mac'Kie, and Norris. And if this opportunity to revisit the contract passes when the cost to correct operational insufficiencies exceed the county's original bid, we will remember Commissioners Hancock, Mac'Kie, and Norris. And finally, if this opportunity to revisit the contract passes, and God forbid a fire crisis occurs at the landfill, we will be forced to live with the inactions of Commissioners Hancock, Mac'Kie, and Norris. And so I ask the three commissioners who are on the side who voted for the contract, will you take this last opportunity to respond in a positive fashion on behalf of the community to reopen this contract, revisit it, and address these very, very important issues. CHAIRPERSON MATTHEWS: Thank you, Mr. Delate. Mr. Cuyler, I know there's one consideration still remaining that I asked Mr. Weigel to look at. Do we have a final contract yet? MR. CUYLER: The answer, in my opinion, is -- is yes. We've -- we're waiting on one final call. The document is, for all practical purposes, finalized. CHAIRPERSON MATTHEWS: We -- we have a date that needs to be addressed in it, and as soon as that is done, we will have a final -- MR. CUYLER: Correct. CHAIRPERSON MATTHEWS: A final, distributable contract. MR. CUYLER: Correct. CHAIRPERSON MATTHEWS: Okay. So whenever that is done, and I presume it will be sometime today, the final contract that you have asked for should be available. And I've also asked it to be distributed to the members of the board for them to review prior to my signing it. At this point I do not intend to sign the contract until the board members individually have reviewed it though we are under the constraints of the public meeting process that was held on February the 7th. And I am under direction from my board to sign that contract if the contents of the contract are indeed the items that were discussed on February 7th. At this point, with the exception of a date, it is. At least I think it is based on what I read. MR. CUYLER: Yeah. And let me just make one more thing clear just in case anybody is getting the wrong impression. Any comments or anything would come to our office, they're not going -- CHAIRPERSON MATTHEWS: Yeah, they're not going to come to me. Prior to my signing it I will be giving Mr. Cuyler a call, has he heard anything from any one of the four of you regarding the contract. And if he has not, then I will be signing it. That's the direction of this board. MR. DORRILL: Correct -- correct me if I'm wrong, though, I don't think that we're intending to renegotiate the tarp issue. If I understood Mr. -- CHAIRPERSON MATTHEWS: That was not in the discussion on February 7th or the January 20th meeting. It was discussed, but there was no agreement. COMMISSIONER CONSTANTINE: And I think that's what Mr. Delate has asked is if any of the three who were in the majority would be willing to rediscuss that issue because of some of the information he has brought to light. Obviously Betty and I don't have the ability to do that. COMMISSIONER HANCOCK: Well, I will say, Mr. Delate, you don't have one smidgen of an idea as to what I am or am not doing in regard to this contract, sir. I take offense to your comments and the manner in which you've stated them, and I'll just leave it at that. CHAIRPERSON MATTHEWS: Do we have further public comment? MR. DORRILL: Apparently I believe the same subject, Mr. Krasowski. CHAIRPERSON MATTHEWS: Mr. Krasowski. MR. KRASOWSKI: Good morning. I'm -- I'm here today just to show agreement and support of Mr. Delate, just about everything he said, okay. I share John's concern as well as his frustration. I think the whole issue here is this -- the reason we're here is in an effort to get one of the three commissioners that voted for this contract to bring it up and put it back on the agenda. CHAIRPERSON MATTHEWS: We're beyond the 30 days. COHMISSIONER NORRIS: We're beyond the 30 days. MR. KRASOWSKI: Okay. I was going to ask for clarification on that. Well, I'm -- I'm sorry to hear that this process has culminated in -- in the situation that exists today. There are issues in regards to odor, to fire control, emergency management, issues in regarding to engineering. You're agreeing to an experimental landfill operation putting this community at risk when daily cover is removed and intermediate cover is removed with no clear direction as to how the -- the landfill pile will be constructed. There's not even research, okay, that can indicate what the result of these new techniques might be. Nobody does this anywhere. Okay. I'm wondering what kind of impact this might have on the Golden Gate residents as far as fire insurance, stuff like this. COHMISSIONER MAC'KIE: Hay I -- MR. KRASOWSKI: I think we have missed the opportunity to -- and it's -- we've been kind of stonewalled. We've kind of rushed the judgment on this and missed the opportunity to address these issues in depth in the depth that's required. The -- we have done a lot of work on this. There's been a lot of discussion, a lot of negotiation, hearing from the public. But at the very end here, this final contract, the contents of that contract, the wording of that contract, the issues that are still in that contract has not been seen by anyone, anyone. And you've gone past the deadline which supposedly would allow the board to include the public in -- in the process, so the process is dead. We haven't even been permitted to see the final documentation. To me this is taxation without representation, because we have to use this solid waste system. Our garbage must go into this process. So I ask if there is anything that can be done on your behalf, I'd appreciate it. Mr. Hancock seems to have things going on out of view if what he said to Mr. Delate is accurate. I don't know what he might be doing behind the scenes, but apparently whatever you've done, it has been ineffective, and your one vote along with the other two votes has caused us to come to this position today. So as the tape of your former meeting goes into the time capsule over at the Palm Cottage, the tape of this meeting will be put on record for the next time you guys come up for election or the next time that you people participate in a project on behalf of this community. Because when the tipping fees and the costs of operating that landfill go above what the county could do -- do it for, the responsibility of -- of these problems is going to lie on you. And as far as the other issues that were brought up by Mr. Delate, I agree with him a hundred percent. This is -- this burden is on you. You brought us to this. That's all I have to say. CHAIRPERSON MATTHEWS: Okay. I'd like to respond to the fire issue just to let this board know what I have done, and that is shortly after the issue of landfill fire was brought up, I got a letter off to Chief Peterson asking for information regarding how many emergencies had occurred at the landfill in -- I guess since it opened in 1976 and so forth. I have not received any response whatsoever. So I -- I have to assume either the numbers do not exist, or it's simply not important enough that he needs to address it. I don't know. I just know that there's been no answer. MR. KRASOWSKI: The way he was run out of here last week was incredible. CHAIRPERSON MATTHEWS: Well, I wrote him what I thought was a letter not soliciting but eliciting a response and inviting him that if we need to have some sort of engineering survey for fire protection purposes, then so be it. We should do it. But I have not had any response. MR. KRASOWSKI: Well, I would think something like that might take a little time. That's been what, a week? CHAIRPERSON MATTHEWS: I don't know. No. It's been a little more than a week. MR. KRASOWSKI: Okay. Well, I appreciate it. CHAIRPERSON MATTHEWS: But anyway I would hoped to have had even a quick -- something to say. I'm working on it, but that's not happened. Mr. Norris. COHMISSIONER NORRIS: Mr. Cuyler, did -- did this contract process vary from the normal contract process? MR. CUYLER: Only in the extent to which it was reviewed by the board. COHMISSIONER NORRIS: Have you in your tenure with the county ever seen a contract examined in detail by any previous board such as this one has been? MR. CUYLER: No, I haven't. COHMISSIONER NORRIS: Have you ever seen a contract that had more public input and more public hearings involved with the process than this one? MR. CUYLER: Not that I can recall. COHMISSIONER NORRIS: When did we start this process? Do you recall? Was it 19937 MR. CUYLER: Yes, we started talking -- COHMISSIONER NORRIS: September, October 19937 MR. CUYLER: -- about these issues. COHMISSIONER NORRIS: Does that lay, in your opinion, to rest the criticism that we rushed into this process into this contract? MR. CUYLER: I clearly believe that you didn't rush into the process, and I clearly believe that -- some of these issues, as a matter of fact, have even come up after the main public hearing. And I'm not sure the fire issue came up at the main public hearing -- CHAIRPERSON MATTHEWS: No, it didn't. MR. CUYLER: -- which was the public's opportunity to raise issues to the board. I think the board has probably in a couple instances gone a little further than I would tell you to go in terms of asking the other contract party to change things, but since that's happened and -- and it's worked out for the best, and I think there are some things that Bob would consider as having innred to his arguments, you know, I would say, yeah, you've looked at it very critically. COHMISSIONER NORRIS: Thank you. CHAIRPERSON MATTHEWS: Commissioner Hac'Kie. COHMISSIONER MAC'KIE: Just -- I'm going to resist the urge to comment to any great extent, but, first of all -- CHAIRPERSON MATTHEWS: Do you have additional comment? COMHISSIONER MAC'KIE: -- my overriding concern is that you're using this forum in a way that I think is inappropriate because you're frightening people, and I think you could be frightening them unnecessarily, talking about people's fire insurance rates and things like that. And I would caution you, please, to be careful on the use of the forum that you have. MR. KRASOWSKI: You are frightening me. COHMISSIONER MAC'KIE: I appreciate that. And I also can't resist saying that I welcome you, please, that's what the process is about. For God's sake, don't reelect me if I'm not doing what you want me to do, and I don't feel that as a threat. I want you to know that. I welcome that. That's what democracy is, so thank you for participating. MR. KRASOWSKI: I'm glad we see that. One last thing. In regards to the work you've done on this contract, it has been extensive. The only thing I perceive as possibly a rush that I was referring to was at the very end of the process. Nobody here -- nobody has read -- I have to pull back on that. I think Mr. Cuyler might have read it, but none of the commissioners, none of the public have read the final contract. CHAIRPERSON MATTHEWS: MR. KRASOWSKI: Okay. ask? CHAIRPERSON MATTHEWS: MR. KRASOWSKI: Okay. right? CHAIRPERSON MATTHEWS: MR. KRASOWSKI: Yeah. CHAIRPERSON MATTHEWS: Excuse me, I have read it. When did you read it? May I Gees, weekend before last. And you've been working on it; There were two issues left. Okay. But as far as -- One of which turned into a nonissue, the other of which is a minor date change. MR. KRASOWSKI: My point being the final contract hasn't gone through the process. That's just my position. CHAIRPERSON MATTHEWS: It's tweaked so minorly, Bob, it's just -- it is the final contract. MR. KRASOWSKI: The process decides, not individuals. CHAIRPERSON MATTHEWS: The process has gone for two and a half years, seriously. Do we have any other public comment? MR. DORRILL: No, ma'am. Mr. Cuyler, you're presuming that contract will be available this afternoon provided WMI's attorney gets back to us? MR. CUYLER: Yes, I expect it to be today. CHAIRPERSON MATTHEWS: Okay. So it -- MR. CUYLER: We're waiting on a call. CHAIRPERSON MATTHEWS: As I said, it -- MR. CUYLER: If the call is the answer I expect it to be, it should be distributed today. CHAIRPERSON MATTHEWS: As I said, it's my intention to sign that contract unless there are board members that impose questions to Mr. Cuyler that need to be addressed. And I guess at this point it would probably be Friday before I sign it because I -- it is an extensive contract, and it will take some while for you to read it. MR. CUYLER: Just -- you know, as the board's aware, you often make decisions on documents, make changes, tell us to go make the changes -- CHAIRPERSON MATTHEWS: That happens quite frequently, yeah. Item #12A1 ORDINANCE 95-12 REGARDING THE 1994 GROWTH HANAGEHENT PLAN AMENDHENTS - ADOPTED Next item on the agenda, 12-A-l, review and adoption of 1994 growth management plan amendments. MR. LITSINGER: Good morning, Madam Chairman, Commissioners. For the record Stan Litsinger of the growth management section. This morning this is the second public hearing or the adoption public hearing for the 1994 growth management plan amendment cycle which was transmitted to the department of community affairs for review and comment on October llth, 1994 -- or, excuse me, on January 29th we received the department's objections, recommendations, and comments report. I can characterize their comments and objections as technical in nature to which we believe we have responded in a noncontroversial manner and without changing the nature of the intended amendments. We have amendments to the capital improvement element, which is the annual update, which we do each year. We have amendments to the transportation circulation element. We have amendments to the Golden Gate master plan, the future land use element, and the map series of the future land use element. If the board would like, I can briefly review the amendments for the capital improvement element, and I can have Miss Cacchione and Mr. Perry review the transportation circulation and future land use elements. COHMISSIONER NORRIS: Mr. Litsinger, this is -- with the minor adjustments that you made, this is the same material that we saw before? MR. LITSINGER: Yes, sir, it is. COHMISSIONER NORRIS: So this is really boilerplate in nature? MR. LITSINGER: That's correct. That's correct. With -- if there is potential here for a motion, I believe Mr. Perry did have some information he wanted to share with you on a study that you requested to be done on the Vanderbilt Beach Road segment west of 41. As you know, we changed the level of service there and established a new constrain -- policy constraint level of service standard which the department did not object to. But I think he wants to share some information with you on that. COHMISSIONER NORRIS: Yeah, that's good news. CHAIRPERSON MATTHEWS: Okay. Perhaps we should hear from Mr. Perry then. COHMISSIONER HANCOCK: While Mr. Perry is coming up, just for the rest of the board's edification, I found out last week that Vanderbilt Beach Road for the segment between -- actually for the segment all the way across -- the new construction segment has received all of its permits, environmental permits. They're in hand CHAIRPERSON MATTHEWS: That's more good news. COHMISSIONER HANCOCK: -- ready to move ahead, so -- real excited, and I'm sure Pine Ridge is jumping up and down at this moment. MR. PERRY: Good morning. For the record Jeff Perry from the long range planning staff and services department. In addition to transmitting the amendments requested by the board, you'll recall that we had suggested that you designate the Vanderbilt Beach Road west of U.S. 41 as constrained along with sending along the definition of what that meant. The board chose instead to adopt a level of service E standard and at the same time directed staff to undertake another capacity study of that roadway to determine whether or not there was, in fact, greater capacity than had been analyzed in 1990. David Plummet and Associates was contracted to perform that study. They had done the study in 1990. We have copies of that preliminary analysis for you today for your review. But I'll very quickly tell you that we did -- the results did show that there is an increase in capacity across the board at the C range, D range, and E range. So that what was, for instance, level of service E capacity in the 1990 report was 12,600 vehicles a day. Based on the current configuration of the road it's 13,100, an increase of 13 percent. D range went from 12,000 to 13,000, which was an increase of about 8 percent. So because of conditions changing in the corridor, additional turn lanes, signal timing changes, things that have transpired since 1990, there's a slight increase in the capacity. So by lowering the level of service to E and increasing the capacity of E, you have given yourselves a few extra years of time to deal with problems in that corridor short of going out there and four-laning it as was originally programmed in your capital improvement element from 41 west to Vanderbilt Drive. So we have copies of those reports we'll leave for you in case you'd like to take a look at it. We'll also be looking -- the rest of their study will be looking at other improvements in that corridor short of four-laning the road that would add additional capacity that would avoid having to four-lane the road anytime in the next couple of years. And that study will be completed probably within the next 30 to 60 days. CHAIRPERSON MATTHEWS: Is there a possibility, since this study pretty much addressed the problem, I think, for that road -- I mean even level of service D is acceptable now even though we adopted E -- that maybe we should make such a study with other roads in the county. I mean it's five years old now. MR. PERRY: Your annual update -- excuse me, your adequate public facilities ordinance requires those kinds of studies when we get to the point of having created problems short of a building moratorium. In most cases we have long range projections that indicate a continual growth of traffic on our roads. So it's a matter of, well, is it going to be this year, or is it going to be next year, and we might be able to get a little bit of extra capacity. Sometimes it goes the other way. You go out and analyze the road, and typically there have been more problems created on the road. There's more signals. There's more driveways. Speeds are slower, and it actually goes the other way. So oftentimes it's -- if you go out and analyze the road, you'll find that you're in deeper than you really thought you were originally. CHAIRPERSON MATTHEWS: I guess -- MR. PERRY: In some cases where we thought there would be a capacity increase as a result of improvements, perhaps signal timing improvements or something like that, we would certainly recommend that we do that before we go out -- and certainly before we go out and spend a lot of money on widening the project. CHAIRPERSON MATTHEWS: I was just questioning whether we should wake that sleeping dog, and I guess you're saying no, we shouldn't do that, and whether there is an economy of scale in doing it by planning districts. MR. PERRY: We could certainly point out on which roads it would be beneficial. On this particular road we agreed it would be beneficial to do that kind of analysis based on the nature of this particular roadway. CHAIRPERSON MATTHEWS: Commissioner Constantine. COMHISSIONER CONSTANTINE: I don't know if there are any public speakers, but if you'd close the public hearing, I'd be more than happy to make a motion. CHAIRPERSON MATTHEWS: Just a moment. I think Commissioner Hancock may have a question. COMMISSIONER HANCOCK: Actually not a question. I just wanted to mention to Mr. Perry on behalf of the residents that live along that corridor, to you and to my fellow members of the NPL, I want to say thank you because we've really addressed a local need, and I appreciate the work on it. MR. PERRY: You're welcome. CHAIRPERSON MATTHEWS: Are there public speakers on this, Mr. Dotrill? MR. DORRILL: No, ma'am. CHAIRPERSON MATTHEWS: I'll close the public hearing. COMMISSIONER CONSTANTINE: I'll make a motion to approve the growth management plan amendments. COMHISSIONER NORRIS: Second. CHAIRPERSON MATTHEWS: We have a motion and a second to adopt the 1994 growth management plan amendments. MR. LITSINGER: One clarification. As a result of the issues that Mr. Perry just discussed on Vanderbilt Beach Road, we will probably be removing that improvement to the Vanderbilt Beach Road segment west of 41 in the coming adjustment or update of the CIA. CHAIRPERSON MATTHEWS: Again, I think the citizens along that road will be most pleased to see that. No further discussion, I'll call the question. All those in favor, please say aye. Opposed? There being none, the motion passes 4 to 0, Commissioner MAc'Kie being absent. Item #12B1 PETITION PUD-94-11 PARKWAY PLACE - CONTINUED TO 3/28/95 Next item on the agenda is 12-B-l, petition PUD-94-11. MR. CUYLER: That item is continued to 3-28. CHAIRPERSON MATTHEWS: Oh, I'm sorry. I missed the -- at the end. Item #13A1 RESOLUTION 95-209 RE PETITION AW-95-01, RICHARD SCHONDER OF DOS CALIENTE, INC. D/B/A TACO CALIENTE, REQUESTING A 350 FOOT WAIVER OF THE MINIMUM REQUIRES SEPARATION OF 500 FEET BETWEEN PLACES SERVING ALCOHOLIC BEVERAGES AND CHURCHES FOR A RESTAURANT LOCATED AT 1048 PINE RIDGE ROAD WITH A RESULTING SEPARATION DISTANCE OF 150 FEET - ADOPTED WITH STIPULATIONS We're up to item 13-A-l, petition AW-95-01. MR. REISCHL: Good morning, Commissioners. Fred Reischl, planning and technical services. Petition AW-95-01 is a request to waive the distance to allow the Taco Caliente restaurant to serve alcoholic beverages within 500 feet of the Seventh Day Adventist Church and school. They're both located on Pine Ridge Road across the road from each other 150 feet in a 6-lane divided highway. In addition, the restaurant is located over 100 feet behind the property line south of Pine Ridge Road. And another fact, in 1990 the Board of County Commissioners approved a 500-foot waiver for the Long John Silvers restaurant immediately adjacent to the Seventh Day Adventist Church and school. CHAIRPERSON MATTHEWS: I have a question also. Is there a for-sale sign on that church and school? MR. REISCHL: Yes, it's -- they're planning to not be there much longer. CHAIRPERSON MATTHEWS: They're planning not to be there much longer, and they're not necessarily -- it's not necessarily going to remain in the use of a church? MR. REISCHL: Correct. CHAIRPERSON MATTHEWS: They're going to desanctify it or whatever you do when you move a church. MR. REISCHL: That's my understanding. COHMISSIONER HANCOCK: De-christen? CHAIRPERSON MATTHEWS: I don't know what it -- I don't know what the term is but -- do we have any questions for staff? Commissioner Hancock. COHMISSIONER HANCOCK: I assume we've had no letters of objection on this particular project? MR. REISCHL: No letters. COHMISSIONER HANCOCK: Do we have -- and again, I apologize. This may be in here and I didn't see it, but do we have an hours of operation scale? MR. REISCHL: Yes. COHMISSIONER HANCOCK: In other words, is the comparison such that Taco Caliente generally is not operating at the same time that the church would? I know the school would be a different situation. MR. REISCHL: The hours of operation of the restaurant are 11 a.m. to midnight daily, so there could be some overlap. COHMISSIONER HANCOCK: And will the restaurant have a stand-alone bar inside, or is it served only with -- MR. REISCHL: No, it's not a bar. It's beer and wine served in conjunction with fast food. COHMISSIONER HANCOCK: Okay. Because the thought of someone sitting there getting tanked all afternoon and running over a child leaving school bothers me. MR. REISCHL: That's not the intent of the petitioner. COHMISSIONER HANCOCK: I'm sure they don't mean that to happen. Not having a bar certainly -- COHMISSIONER NORRIS: There's a median separation. COHMISSIONER HANCOCK: Okay. CHAIRPERSON MATTHEWS: Commissioner Constantine. COHMISSIONER CONSTANTINE: Just -- I think I read this in here, but I need you to confirm along those same lines roughly 5 percent of their total sales is actually alcohol. CHAIRPERSON MATTHEWS: That's what they are basing on their other restaurant. COMMISSIONER CONSTANTINE: So it's simply an accessory to all the food? MR. REISCHL: Correct. CHAIRPERSON MATTHEWS: Are there public speakers? MR. DORRILL: There are none. I have one question for Deputy Rossi. Do they have a takeout facility or what's -- everyone now has a takeout window, and if they're selling tap beverages, would that otherwise violate the county's open container law as part of a drive-through takeout? DEPUTY ROSSI: I don't think it would violate the ordinance at all. MR. CUYLER: It may be -- I assume they have a COP, which is a consumption on premises which -- MR. REISCHL: They're going to apply for it. That's what this is based on. MR. CUYLER: A COP license means they have to drink on the premises. CHAIRPERSON MATTHEWS: There's not going to be takeout sales on alcohol? MR. DORRILL: That's my question. COMHISSIONER CONSTANTINE: This isn't Wisconsin. CHAIRPERSON MATTHEWS: Is that what we're looking at; they are not going to have an off-premises license for alcohol? MR. REISCHL: I don't know the answer to that. COMHISSIONER MAC'KIE: Does anybody here? CHAIRPERSON MATTHEWS: We can certainly make it contingent on this. COMHISSIONER HANCOCK: Yes. MR. MULHERE: To my knowledge, they're just going to apply for what's called a COP which is consumption on premise only. COMHISSIONER HANCOCK: And for the record? MR. MULHERE: For the record, Bob Mulhere with planning services. COMHISSIONER MAC'KIE: Is anybody here for the petitioner? MR. REISCHL: I think he must have anticipated a later hearing. COHHISSIONER MAC'KIE: Probably so. CHAIRPERSON MATTHEWS: We have no public speakers. I'm going to close the public hearing. I'd like to entertain a motion. COHMISSIONER CONSTANTINE: I'll make a motion to approve subject to the consumption on premises. COHMISSIONER NORRIS: Second. CHAIRPERSON MATTHEWS: We have a motion and a second, motion by Commissioner Constantine, second by Commissioner Norris. It is contingent on beverage -- on alcoholic beverage sales being only on the premises. No further discussion, I'll call the question. All those in favor, please say aye. Opposed? There being none, motion passes 5 to 0. Item #14A BEACH MANAGEMENT PLAN UPDATE - PRESENTED That concludes the published agenda with the exception of communications. Commissioner Norris, do you have any? COMMISSIONER NORRIS: You have one about gambling. CHAIRPERSON MATTHEWS: Yes. COMMISSIONER NORRIS: And I have -- yes, I do have one, just -- just a quick update. Do you want me to go ahead with mine? CHAIRPERSON MATTHEWS: Yeah. COMHISSIONER NORRIS: If you'll recall about, oh, a few weeks ago you appointed me to look after our beach management plan on Marco and guide -- try to guide that through the state agencies. I -- I think we're all aware that the game and fish was trying to have a meeting before the governor and the cabinet on March the 30th concerning the same piece of property. We've asked that that be delayed until we can have a meeting about our beach management plan, which has been agreed to, so that has been continued before the governor and cabinet is our understanding. And it may involve a trip with staff and myself to Tallahassee next week to have a meeting with DEP to try to get our beach management plan going. I just wanted to update that that's where we are. CHAIRPERSON MATTHEWS: Good, okay. Thank you. COMHISSIONER NORRIS: Uh-huh. Item #14B DEPARTMENT OF REVENUE UPDATE - PRESENTED CHAIRPERSON MATTHEWS: Commissioner Hancock. COMHISSIONER HANCOCK: Real quickly, I wanted to clarify something with Mr. Dotrill. In just recent conversations with constitutional officers regarding the department of revenue, if we do assume all of those duties -- assuming we're the low bidder, and we assume the duties currently performed by the tax collector and the clerk of courts, the personnel they have involved in the performing of those duties are in essence -- I'm trying to summarize -- first in line to be absorbed into our work staff, or is it going to be just declare a vacancy and they can apply? We talked about this. My understanding was we were going to assimilate as much as we could to fill those slots so that there wouldn't be any real job loss, but please clarify that for me because I understand there is some concern. MR. DORRILL: I may be mistaken. My recollection is that would be us assuming their positions in our data processing area. You'll recall that the primary savings from the department of revenue were to reduce the overall number of positions that we already have employed. They would be eligible, though, if we -- again, doing solid waste collection -- if they are laid off or if you are promo'd from constitutional offices, their -- our current policy allows us to consider them to be absorbed where vacancies exist. COMHISSIONER HANCOCK: Okay. But, in other words, tit for tat where a position is going to remain, the current -- MR. DORRILL: The total number of positions would decrease under the department of revenue assuming responsibility for garbage collection. COMMISSIONER HANCOCK: Okay. I just wanted to make sure that the priority existed that current personnel would have a priority for stepping into any vacant position. MR. DORRILL: They would. I trust that all of you had seen my quick memo to each one of them and a quick copy of a performance spec that we prepared to encourage them to bid. There's a prebid conference, I believe, tomorrow at which time we're going to ask whether or not they intend to submit a fully compliant bid or whether they're going to try and submit something outside of the specifications. And once I know that, I'll relay that to you. COMMISSIONER HANCOCK: Okay, thank you. Item #14C DISCUSSION REGARDING GAMING RESOLUTION - NO ACTION CHAIRPERSON MATTHEWS: Okay. Commissioner Mac'Kie? COMMISSIONER MAC'KIE: Nothing, thanks. CHAIRPERSON MATTHEWS: Commissioner Constantine? COMMISSIONER CONSTANTINE: Nothing. CHAIRPERSON MATTHEWS: The only thing that I have is a request from Clay County to address a resolution advocating an amendment to the state constitution to provide for local control of gaming and gambling activities. And before I directed the county attorney to spend any effort, time, or anything on this in view of the way -- of the resolutions we passed prior to the ballot in November and the outcome of the ballot in Collier County, I thought it best to ask this board if they wanted to proceed with anything like this. Commissioner Hancock. COMMISSIONER HANCOCK: I'm not very pleased with the way in which we have began amending the state constitution as if it were some flexible document to be changed year to year. I don't think this is an appropriate amendment to the state constitution, and I really don't at this point find any support for it. CHAIRPERSON MATTHEWS: Is there other comment? Commissioner Constantine? COHMISSIONER CONSTANTINE: Yeah. I agree, first and foremost with what Tim said. And secondly, we've gone on record opposing the passage of gaming, period. I -- we don't know what form will come back to us. If you compare the last two ballot issues on gaming, one would have left open where casinos would have been. The last one was very site specific on where those would have been. We don't know if it comes back to the ballot again what form it will be, so I think most of this is premature. If gaming passes, yeah, I'd love to have local control, but the way this is written, it's almost as if I support gaming as long as we could have local control, and I think we've clearly stated we're not. So I'd just as soon leave hands off on that. CHAIRPERSON MATTHEWS: I think our citizens in Collier County have said many, many times that local control or not, we don't want it. COHMISSIONER NORRIS: That's fine. That's fine. CHAIRPERSON MATTHEWS: I think that's consensus. COHMISSIONER MAC'KIE: No interest. CHAIRPERSON MATTHEWS: We will not -- we will not proceed with this one, Mr. Cuyler. MR. CUYLER: Thank you. I appreciate that. CHAIRPERSON MATTHEWS: As we all suspected. do you have anything for communications? MR. CUYLER: No, ma'am. Mr. Dorrill. Hr. Cuyler, Item #15A DISCUSSION REGARDING THE GORDON RIVER BRIDGE - PRESENTED HR. DORRILL: One quick. This will be the subject of your joint meeting with the city on April the 6th. I had previously discussed this with Hiss Hac'Kie because it's pertinent concerning the Gordon River Bridge. At least one of you, maybe two now have sent me memos asking me what's going on, and I just think it's better to tell you what's going on today than wait -- have us wait till the 6th in the event that you want something different. We have an interlocal agreement with the city that was approved in 1992 to take us through the fatal flaw analysis and preliminary engineering for the Gordon River Bridge. The city staff, for whatever reason, moved forward and has issued a request for proposal for engineering and construction management services that would take the remainder of the Gordon River Bridge through the end of construction. And I don't know completely what their rationale was. I don't have any reason to believe there was any evil intent there. I got involved when I determined that there was going to be a selection committee of three. COHMISSIONER CONSTANTINE: Is the city picking up the tab for that? MR. DORRILL: That's not yet determined. I'm getting to that. There will be a selection committee of three; two city folks, one county folk. I then called Dr. Woodruff and brought to his attention that this was outside of the current agreement, that I thought that since -- what I'm intending, this to be a county project at some point linking two county arterial roads that you would probably want to have the responsibility for that in your department of capital projects management and that since this is probably going to be a county project, we needed to assure our board that we had at least an equal number of people on the selection committee. Dr. Woodruff quickly realized and admitted, yes, from an equity standpoint we needed to have two members, they needed to have two members. He acknowledges that all of this has taken place outside of the current agreement and that we need to either update our agreement, or we need a new agreement as to how we're going to move forward and what the source of funds is going to be, especially if we need to authorize the contract to do extra things in advance of a referendum this summer. So for those of you who are interested, that is what has occurred with respect to this new RFP and my quick attempt to reach an agreement with Dr. Woodruff as to what we need to do between now and when you're scheduled to meet with city council on April the 6th. Hiss Hac'Kie gave me a little assistance and also expressed some concern to a member of city council that maybe we slow this thing just long enough in order to get it in by the 6th. COHMISSIONER MAC'KIE: And just for further information, when I did check in on this, the report that I got was, oh, my goodness, no. We never intended for anybody at the county to ever feel cut out of this process, and certainly we're just -- I think that, frankly, everybody knows nothing can happen without our authorization to spend the money. If, in fact, city staff is going forward and spending city assets on getting some of the preliminary work done, you know, God bless them. I don't see any harm at all being done here and -- and nobody is talking about trying to cut the county out of the process, because we are going to write the check. COHMISSIONER HANCOCK: Do you anticipate the city requesting a reimbursement for funds expended, because my only concern -- and I certainly don't want any part of this to become a city versus county issue because I don't think there's a need for it, but obviously when one is moving ahead and the other is not even notified of that, there can be a problem there. So I just want to make sure that one arm isn't committing the other arm unknowingly because so far that hasn't been the case, and things have been going on rather smoothly. COHMISSIONER HAC'KIE: And I think that things are going to continue to go smoothly and that there is nothing to fear in that department. COHMISSIONER HANCOCK: Trust me. I'm from the government. I'm here to help. CHAIRPERSON MATTHEWS: Oh, my Lord. MR. DORRILL: That was all. Item #15B GRANT APPLICATION FOR PROJECT HELP - TO BE DISCUSSED AT THE MEETING OF MARCH 21, 1995 CHAIRPERSON MATTHEWS: I have one other thing I've just discovered in the front of my book here. Beth Knake of Project Help has asked the board to approve the signing of a grant application. Based on what I have here, it doesn't entail any matching funds from the government or anything. It's based on that information I'm asking for the board to approve my signing the grant application. I believe it's just a support of the public -- of the government for the services of Project Help. COHMISSIONER CONSTANTINE: An application to whom from CHAIRPERSON MATTHEWS: It's for VOCA, VOCA program services. It's a ranking form. I'll be glad to distribute it around. COHMISSIONER HANCOCK: Can it wait seven days? MR. CUYLER: Put it on next week. CHAIRPERSON MATTHEWS: I imagine it can. I will do that. Will do. See you all next week. With that, no further information, no further work to do. Hiss Filson, we're done; right? MS. FILSON: Right. CHAIRPERSON MATTHEWS: We're finished. Adjourned. ***** Commissioner Constantine moved, seconded by Commissioner Norris and carried 4/0 (Commissioner Hac'Kie out), that the following items under the Consent Agenda be approved and/or adopted: ***** Item #16A1 EXCAVATION PERMIT NO. 59.518, RE "SAFE HARBOR", BOUNDED ON THE NORTH BY 31ST AVENUE S.W., ON THE EAST BY TRACT 158 GOLDEN GATE ESTATES UNIT NO. 28, ON THE SOUTH BY THE GOLDEN GATE CANAL, AND ON THE WEST BY COUNTY CANAL RIGHT-OF-WAY - SUBJECT TO STIPULATIONS AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A2 FINAL PLAT OF "ISLESWORTH, UNIT ONE" AND ACCEPTANCE OF CONSTRUCTION AND MAINTENANCE AGREEMENT AND PERFORMANCE BOND - SUBJECT TO STIPULATIONS AS DETAILED IN THE EXECUTIVE SUMMARY See Pages Item #16A3 AUTHORIZATION FOR RECORDING THE FINAL PLAT OF "COLONNADE ONE AT GREY OAKS, ACCEPTANCE OF CONSTRUCTION AND MAINTENANCE AGREEMENT AND PERFORMANCE BOND - SUBJECT TO STIPULATIONS AS DETAILED IN THE EXECUTIVE SUMMARY See Pages Item #16A4 AUTHORIZATION FOR RECORDING THE FINAL PLAT OF "PELICAN HARSH GOLF COURSE, PHASE THREE" Item #16A5 ACCEPTANCE OF WATER AND SEWER FACILITIES FOR PELICAN MARSH, UNIT 4 - SUBJECT TO STIPULATIONS AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A6 ACCEPTANCE OF WATER FACILITIES FOR PIPER'S GROVE, PHASE TWO A AND TWO B - SUBJECT TO STIPULATIONS AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A7 RESOLUTION 95-199, AUTHORIZING RECORDING OF THE FINAL PLAT OF "BERKSHIRE LAKES, UNIT #1, TRACT F, PARCEL A" - SUBJECT TO STIPULATIONS AS DETAILED IN THE EXECUTIVE SUMMARY See Pages Item #16A8 RECOHMENDATION TO ACCEPT A REPLACEMENT SECURITY FOR THE INFRASTRUCTURE WITHIN "NORTHBROOKE DRIVE" - ACCEPTANCE OF PERFORMANCE BOND AND RELEASE OF LETTER OF CREDIT See Pages Item #16A9 - Withdrawn Item #16B1 RESOLUTION 95-200, IN SUPPORT OF THE FAIR SHARE DISTRIBUTION OF GAS TAX REVENUES TO SOUTHWEST FLORIDA IN ACCORDANCE WITH CURRENT STATUTES See Pages Item #16C1 AUTHORIZATION FOR BUDGET AMENDMENTS RECOGNIZING FUNDS FROM THE RECENT LIBRARY BOOK SALE AND A REFUND FROM A CANCELED SUBSCRIPTION Item #16C2 CONTRACT AMENDMENT WITH MORNING STAR NURSING SERVICE - INCREASING THE CONTRACT BY $8,219.00 See Pages Item #16D1 - Deleted Item #16D2 AUTHORIZATION FOR SOLE SOURCE PURCHASE FROM THE ASHBROOK CORPORATION - IN THE AMOUNT OF $32,086.25 Item #16D3 RECOHMENDATION TO AWARD BID #95-2335 FOR MEMBRANE SCALE INHIBITOR - TO FHC CORPORATION IN THE ESTIMATED AMOUNT OF $35,000.00 Item #16El REPORT TO THE BOARD OF COUNTY COHMISSIONERS CONCERNING THE SALE AND TRANSFER OF ITEMS ASSOCIATED WITH THE COUNTY AUCTION OF FEBRUARY 11, 1995 Item #16E2 RECOHMENDATION TO RESCIND BID AWARD #95-2327 FOR ELEVATOR MAINTENANCE AND REPAIR SERVICES AT THE GOVERNMENT CENTER - BID RESCINDED; CONTRACT AWARDED TO WEST COAST ELEVATOR IN THE AMOUNT OF $2,615.00 PER MONTH Item #16G1 RESOLUTION 95-201, ADDING UNITS TO THE 1995 COLLIER COUNTY MANDATORY SOLID WASTE COLLECTION SPECIAL ASSESSMENT ROLL See Pages Item #16H1 BID #95-2329 FOR THE PURCHASE OF STREET LIGHTING POLES - AWARDED TO HUGHES SUPPLY INC. Item #16H2 RESOLUTION 95-202 ACCEPTING THE CONVEYANCE OF THE EVERGLADES AIRPARK ENTRANCE ROAD, WITHOUT CONSIDERATION FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION TO COLLIER COUNTY FOR THE COLLIER COUNTY AIRPORT AUTHORITY See Pages Item #16J MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED The following miscellaneous correspondence as presented by the Item #16H3 FOUR (4) WORK ORDERS (W.O.) WITH DUFRESNE-HENRY, INC., (THE AIRPORT ENGINEERING FIRM) FOR THE DESIGN, ENGINEERING, AND PROJECT MANAGEMENT OF FOUR (4) PROJECTS AT IHMOKALEE REGIONAL AIRPORT AND EVERGLADES AIRPARK IN THE TOTAL AMOUNT OF $52,529.00 See Pages Item #16H4 RECOHMENDATION TO REPLACE HAND HELD METER READING SYSTEM WITH A NEW METER READING SYSTEM - SUBJECT TO APPROVAL OF BUDGET AMENDMENT Item #16H5 RECOHMENDATION THAT THE BOARD OF COUNTY COHMISSIONERS, EX-OFFICIO THE GOVERNING BOARD OF COLLIER COUNTY WATER-SEWER DISTRICT OF COLLIER COUNTY, FLORIDA, AUTHORIZE THE CHAIRMAN TO EXECUTE THE AGREEMENTS ASSOCIATED WITH THE UTILITIES BILLING SYSTEM - SUBJECT TO APPROVAL OF BUDGET AMENDMENT See Pages Item #16H6 RESOLUTION 95-203, IN SUPPORT OF AN APPLICATION FOR FUNDS FOR THE COLLIER COUNTY BEACH RESTORATION PROJECT UNDER PROVISIONS OF SECTION 161.101, FLORIDA STATUTES See Pages Item #16H7 ACCEPTANCE OF DRAINAGE EASEMENTS FROM FOUR (4) PROPERTY OWNERS LOCATED IN TOWNSHIP 48, RANGE 25, SECTION 16 WHICH WILL ALLOW THE STORMWATER MANAGEMENT DEPARTMENT THE AUTHORITY TO CONSTRUCT AND MAINTAIN A STORMWATER DRAINAGE OUTFALL FOR THE LANDMARK ESTATES MOBILE HOME PARK AND ADJACENT UNDEVELOPED LAND Item #16H8 WORK ORDER WITH AGNOLI, BARBER & BRUNDAGE, INC. FOR AERIAL AND SURVEYING SERVICES FOR LIVINGSTON ROAD CIE #52 AND #53 - IN THE AMOUNT OF $190,045.00 See Pages 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 1990 NO's. Dated 359 02/24/95 1992 190/191 02/24/95 1993 208/209 02/24/95 125 &127/129 118 Item #16J2 1994 1994 Tangible Personal Property 02/23/95 See Pages Item #16K1 APPLICATION FOR FUNDING FROH THE UNITED STATES DEPARTHENT OF JUSTICE COPS MORE (MAKING OFFICER REDEPLOYHENT EFFECTIVE) PROGRAM AND AUTHORIZATION FOR USE OF THE CONFISCATED TRUST FUNDS AS THE LOCAL MATCH See Pages Item #16K2 RESOLUTION 95-204, AUTHORIZING COLLIER COUNTY COURT SYSTEH VOLUNTEER TRAINING, APPRECIATION, AWARDS AND RECOGNITION EXPENDITURES AS A VALID PUBLIC PURPOSE See Pages There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair at 11:25 a.m. BOARD OF COUNTY COMMISSIONERS 02/14-02/27/95 SATISFACTIONS OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER 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: Barbara A. Donovan